ENVIRONMENT PROTECTION ACT 1997
Table of Provisions
PART 1--PRELIMINARY
- 1 Name of Act
- 3 Dictionary
- 3A Notes
- 3B Offences against Act—application of Criminal Code etc
- 3C Objects of Act
- 3D Principles applying to Act
- 4 Meaning of contaminated land
- 5 Things taken to have impact causing environmental harm
- 6 Application of Act to Emergencies Act 2004
- 7 Construction consistent with certain other laws
- 8 Limitation of application in relation to certain people and things
- 9 Civil remedies and common law not affected
- 10 Criminal liability of the Territory
PART 2--ADMINISTRATION
Division 2.1--Environment Protection Authority
- 11 Environment Protection Authority
- 12 Authority's functions
- 13 Delegation by authority
- 14 Authorised officers
- 15 Analysts
- 16 Identity cards
- 17 Disclosure of interests
- 18 Legal immunity
Division 2.2--Public inspection of documents
Division 2.3--Register of contaminated sites
- 21A Register of contaminated sites
- 21B Notification of making of certain entries in register
PART 3--ENVIRONMENTAL DUTIES
- 22 General environmental duty
- 23 Duty to notify of actual or threatened environmental harm
- 23A Duty to notify existence of contaminated land
PART 4--ENVIRONMENT PROTECTION POLICIES
- 23B Definitions for pt 4
- 24 Contents
- 25 Consultation on draft environment protection policy
- 26 Consideration of suggestions etc and revision of draft environment protection
- 27 Making of environment protection policy
- 28 Notification of environment protection policies etc
- 29 Inspection
- 30 Legal character
PART 5--ACCREDITED CODES OF PRACTICE
- 31 Accrediting codes of practice
- 32 Public notice of accredited codes of practice
- 33 Deemed compliance with general environmental duty
PART 6--ECONOMIC MEASURES
- 34 Schemes for economic measures
- 35 Bubble licences
- 36 Tradeable permits
- 37 Regulation may make provision for schemes
PART 7--ENVIRONMENTAL PROTECTION AGREEMENTS
- 38 Entering agreements
- 39 Form and terms of agreements
- 40 Effect of agreements
- 41 Notification of environmental protection agreements
PART 8--ENVIRONMENTAL AUTHORISATIONS
Division 8.1A--Interpretation for pt 8
- 41A Meaning of environmental authorisation
Division 8.1--Requirements to hold and comply with an authorisation
- 42 Conducting prescribed classes of activities
- 43 Authority may require environmental authorisation
- 44 Conducting activities other than prescribed activities
- 45 Compliance with authorisation
Division 8.2--Grant, variation, cancellation and suspension
- 46 Kinds of authorisation
- 47 Application
- 48 Consultation on application for environmental authorisation
- 49 Grant
- 50 Notification of grant
- 51 Kinds of conditions
- 52 Period of authorisation
- 53 Authorisation fees
- 55 Nonpayment of fees
- 57 Review of certain authorisations
- 58 Review of accredited environmental authorisations
- 59 Notification of review of environmental authorisations
- 60 Variation
- 61 Matters required to be taken into account for certain decisions under div
- 62 Notice of intention to vary an authorisation
- 63 Suspension and cancellation
- 64 Notice of intention to suspend or cancel an authorisation
- 65 Effect of suspension
- 66 Surrender of environmental authorisation
- 67 Notification of ceasing activity
- 67A Recognised environmental authorisations
PART 9--ENVIRONMENTAL PROTECTION
Division 9.1--Environmental improvement plans
- 68 Contents of environmental improvement plan
- 69 Authority may require environmental improvement plan
- 71 Approval of environmental improvement plan
- 72 Accreditation of voluntary improvement plans
Division 9.2--Environmental audits
- 73 Meaning of auditor for div 9.2
- 74 Conduct of audits
- 75 Certain auditors to be approved
- 76 Authority may require environmental audit
- 76A Requests for auditor's statements
- 76B Annual returns—auditors
- 77 Authority's response to environmental audit report
- 78 Protection for reports of voluntary audits
- 79 Protection does not extend to environment protection orders
Division 9.3--Emergency plans
- 80 Definitions for div 9.3
- 81 Contents of emergency plan
- 82 Authority may require emergency plan
- 84 Approval of emergency plan
Division 9.4--Financial assurances
- 85 Authority may require financial assurance
- 86 Show cause why financial assurance should not be provided
- 87 Non-provision of financial assurance
- 88 Claim on or realisation of financial assurance
- 89 Notice before claim on or realisation of a financial assurance
- 90 Recovery of extra costs
- 91 Money held by Territory as financial assurance
Division 9.5--Assessment and remediation
- 91A Definitions for div 9.5
- 91B Assessment of risk of harm
- 91C Order to assess whether land contaminated
- 91D Order to remediate land
- 91E Notification of certain people about orders for assessment or
- 91F Certain documents to be available free of charge
- 91G Extension of time
- 91H Further information
- 91I Choice of appropriate person
Division 9.6--Costs of assessment and remediation
- 91J Meaning of assessment order and remediation
- 91K Recovery of costs associated with assessment or remediation
- 91L Priority for costs if owner insolvent
- 91M Recovery of costs—assessment and remediation
- 91N Costs—person responsible for contamination
- 91O Liability for losses
- 91P Director of body corporate that is wound up
- 91Q Director of body corporate that disposed of land
- 91R Holding company of body corporate that is wound up
PART 9A--FUEL SALES INFORMATION
- 92 Fuel sales—provision of information
- 92A Confidential commercial information must not be disclosed
PART 10--FUNCTIONS OF THE MINISTER
- 92B Definitions—pt 10
- 93 Directions of Minister
- 94 Environmental impact statements and inquiries
- 94A Application of Planning Act 2023, pt 6.3
PART 11--POWERS OF AUTHORISED OFFICERS
Division 11.1--Preliminary
- 95 Definitions—pt 11
Division 11.2--Entry and inspection generally
- 96 Entry of premises—routine inspections
- 97 Entry of premises—search warrants
- 98 Identity cards must be produced
- 99 Inspection of premises—routine inspections
- 100 Inspection of premises—search warrant
- 101 Routine inspections—serious and urgent circumstances
- 103 Consent to entry
- 104 Search warrants
Division 11.3--Emergency powers
Division 11.4--Seizure, retention and disposal of things
Division 11.5--Other powers
- 111 Power to require name and address
PART 12--POWERS OF ANALYSTS
PART 13--ENFORCEMENT
Division 13.2--Environment protection orders
Division 13.3--Injunctive orders
- 127 Application for order
- 128 Making of order
- 129 Interim order
- 130 Costs—public interest
- 131 Security for costs etc
- 132 Compensation
Division 13.4--Power to require information
PART 14--NOTIFICATION AND REVIEW OF DECISIONS
- 135 Definitions—pt 14
- 136 Internal review and reviewable decision notices
- 136A Applications for internal review
- 136B Applications not stay internally reviewable decisions
- 136C Review by authority
- 136D Applications for review
PART 14A--ENFORCEABLE UNDERTAKINGS
- 136E Definitions—pt 14A
- 136F Making of environmental undertakings
- 136G Acceptance of environmental undertaking
- 136H Withdrawal from or amendment of enforceable undertaking
- 136I Ending enforceable undertaking
- 136J Undertaking not admission of fault etc
- 136K Contravention of enforceable undertakings
- 136L Effect of enforceable undertaking on other proceedings
PART 15--OFFENCES
Division 15.1--Environmental offences
Subdivision 15.1.1--General environmental offences- 137 Causing serious environmental harm or likely serious environmental
- 138 Causing material environmental harm or likely material environmental
- 139 Causing environmental harm or likely environmental harm
- 140 Person may be found guilty of lesser charge
- 141 Causing environmental nuisance
- 142 Placing pollutant where it could cause harm
- 143 No offence committed
- 144 Liability limited to harm caused by excess pollutants Subdivision 15.1.2--Specific offences
- 145 Offences in schedule 2
Division 15.2--Extensions of liability for offences
Division 15.3--Other offences
- 148 Notice to transferee on transfer of activity or place
- 149 Notice to authority of alteration to equipment and works
- 150 Self-incrimination
- 151 Failing to comply with requirement of inspector
Division 15.4--Defences
Division 15.5--General
- 155 Strict liability offences
- 156 Continuing offences
- 157 Additional court orders
- 158 Matters to be considered in imposing penalty
PART 16--MISCELLANEOUS
- 159 Authorised acts and omissions
- 159A National pollutant inventory—provision of information
- 160 Recovery of clean-up costs
- 161 Assessment of reasonable costs and expenses
- 162 Verifying information
- 163 Environmental record of directors, servants and agents
- 164 Evidentiary matters
- 164A Expiry of notifiable instruments
- 165 Determination of fees etc
- 166 Regulation-making power