Australian Capital Territory Consolidated Acts

ENVIRONMENT PROTECTION ACT 1997 - SECT 166

    (1)     The Executive may make regulations for this Act.

Note     A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    (2)     A regulation may make provision in relation to—

        (a)     applying, adopting or incorporating any instrument, or any provision of an instrument, as in force from time to time; or

        (b)     the sampling and analysis of pollutants.

Note 1     A statutory instrument may also apply, adopt or incorporate (with or without change) a law or instrument (or a provision of a law or instrument) as in force at a particular time (see Legislation Act, s 47 (1)).

Note 2     If a statutory instrument applies, adopts or incorporates a law or instrument (or a provision of a law or instrument), the law, instrument or provision may be taken to be a notifiable instrument that must be notified under the Legislation Act (see s 47 (2)-(6)).

    (3)     A regulation may also prescribe offences for contraventions of a regulation and prescribe maximum penalties of not more than 10 penalty units for offences against a regulation.

    (4)     A regulation may make provision in relation to the distribution, purchase, sale, dispensation or use of petroleum products, including regulating or prohibiting certain conduct.

    (5)     A regulation may make provision in relation to the lighting, use or maintenance of a fire in the open air (other than a fire to which schedule 1, section 1.2, item 30 relates), including regulating or prohibiting certain conduct.

    (6)     A regulation may make provision in relation to—

        (a)     the manufacture, purchase, sale, storage, supply, transport, use, disposal, discharge or emission of, or other dealing with, a specified pollutant, article or other thing; or

        (b)     the servicing of equipment containing a specified pollutant, article or other thing; or

        (c)     the servicing of equipment used in relation to the manufacture, purchase, sale, storage, supply, transport, use, disposal, discharge or emission of, or other dealing with, a specified pollutant, article or other thing;

including regulating or prohibiting certain conduct.

    (7)     A regulation may make provision in relation to ambient environmental standards.

    (8)     A regulation may amend schedule 1—

        (a)     by adding activities to, or deleting activities from, that schedule; and

        (b)     by making any other amendments of that schedule arising from, connected with or consequential on an amendment under paragraph (a).