Australian Capital Territory Numbered Acts

ENVIRONMENT PROTECTION ACT 1997 (NO 92 OF 1997)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      This Act may be cited as the Environment Protection Act 1997.  
   4.      In this Act, unless the contrary intention appears—“activity” means a current or proposed activity including a process, operation, project, venture or business; “analyst” means an analyst under section 15; “area of high conservation value” means—  
   5.      For the purposes of this Act, a thing referred to in paragraphs (a) to (e) (inclusive) of the definition of “pollutant” shall be taken to cause environmental harm if—  

   PART II--ADMINISTRATION

   11.     (1) For the purposes of this Act there shall be an Environment Management Authority.  
   13.     The Authority may, by instrument, delegate any of the Authority's powers under this Act to a public employee, other than this power of delegation.  
   14.     (1) There shall be 1 or more authorised officers for the purposes of this Act.  
   15.     (1) There shall be 1 or more analysts for the purposes of this Act.  

   PART III--ENVIRONMENTAL DUTIES

   22.     (1) A person shall take such steps as are practicable and reasonable to prevent or minimise environmental harm or environmental nuisance caused, or likely to be caused, by an activity conducted by that person.  

   PART IV--ENVIRONMENT PROTECTION POLICIES

   24.     Environment protection policies are documents prepared by the Authority, in accordance with this Part, setting out—  
   27.     Sections 25 and 26 do not apply in relation to a variation of an environment protection policy that is for the sole purpose of making changes of a formal nature.  
   29.     A person may inspect an environment protection policy at the principal office of the Authority at any time at which the office is open for business.  
   30.     Despite any other law of the Territory, an environment protection policy—  

   PART V--ACCREDITED CODES OF PRACTICE

   33.     A person shall be taken to have complied with the general environmental duty in conducting an activity if the person has substantially complied with the code of practice accredited under subsection 31 (1) for the activity.  

   PART VI--ECONOMIC MEASURES

   34.     The Authority may develop and implement schemes involving economic measures as a means of achieving the objects of this Act, examples of which include bubble licence schemes and tradeable permit schemes.  
   35.     A bubble licence scheme may include 1 or both of the following:  
   36.     A tradeable permit scheme may include any of the following:  

   PART VII--ENVIRONMENTAL PROTECTION AGREEMENTS

   38.     The Authority may—  
   39.     An environmental protection agreement—  
   40.     (1) An environmental protection agreement does not relieve a party to the agreement from any obligation or duty under this Act or another law.  

   PART VIII--ENVIRONMENTAL AUTHORISATIONS

   45.     (1) A person shall not contravene an environmental authorisation.  
   46.     The Authority may, on application, grant—  
   51.     Subject to section 61, the conditions that the Authority may impose under paragraph 49 (1) (a) or section 60 are—  
   56.     The Authority may, of its own motion, or on application by a person, remit any fee or portion of any fee payable by a person under section 53, or refund to any person any fee or portion of any fee paid under that section if, having regard to the circumstances, it would be fair and reasonable to remit or refund all or part of the fee.  
   57.     (1) Subject to section 61, the Authority shall review annually—  
   58.     (1) The Authority shall, at least once in every 3 years after the grant of an accredited environmental authorisation, review the accreditation.  
   59.     (1) The Authority shall, within 10 working days after the date on which a review under subsection 57 (1) or 58 (1) is completed, publish notice of the outcome of that review in the Gazette and a daily newspaper.  
   61.     In making a decision under subsection 49 (1) or sections 51 or 57 or subsection 60 (1), the Authority shall take into account—  
   64.     Before acting under section 58 or 63, the Authority shall give the holder of the environmental authorisation a notice—  
   65.     For the purposes of this Act, where an environmental authorisation to conduct an activity is suspended, the conduct of the activity shall be deemed not to be authorised during the period of the suspension.  
   66.     The holder of an environmental authorisation may surrender the authorisation by notice in writing to the Authority.  
   67.     Where the holder of an environmental authorisation ceases permanently to conduct the authorised activity, the holder shall not fail, without reasonable excuse, to notify the Authority in writing within 10 working days of that cessation.  

   PART IX--ENVIRONMENTAL PROTECTION

   70.     A draft environmental improvement plan submitted in compliance with—  
   73.     In this Division—“auditor”, in relation to an environmental audit, means the person who conducts the audit.  
   74.     For the purposes of section 76 or 78, an environmental audit is an assessment of an activity to determine—  
   79.     A grant of protection under section 78 does not prevent the Authority from serving an environment protection order in relation to a matter addressed in the audit report.  
   80.     In this Division—“environmental emergency” means a foreseeable occurrence that, if it occurred, would be likely to cause—  
   83.     A draft emergency plan submitted in compliance with—  
   87.     If a financial assurance required as a condition of an environmental authorisation is not provided on or before the due date, the Authority shall cancel the authorisation.  

   PART X--FUNCTIONS OF THE MINISTER

   92.     (1) The Minister may, by instrument, notify the Authority that a decision under the Act that, but for this provision, would be made by the Authority is to be made by the Minister.  
   93.     (1) The Authority shall perform his or her functions and exercise his or her powers in accordance with any directions of the Minister under this section.  

   PART XI--AUTHORISED OFFICERS' POWERS

   95.     (1) In this Part—“enter” includes board; “premises” includes vacant land, vehicles, vessels and aircraft; “residential premises” means premises used exclusively or primarily for residential purposes, and includes a private room in but not any other part of a motel, hotel, hostel or guesthouse.  
   96.     (1) For the purposes of ascertaining whether this Act is being complied with, an authorised officer may enter—  
   98.     An authorised officer who enters premises under subsection 96 (1) or 97 (1) is not authorised to remain on the premises if, on request by the occupier or a person apparently in charge of the premises, the officer does not produce his or her identity card.  
   99.     An authorised officer who enters premises under subsection 96 (1) may do any of the following in respect of the premises or anything on the premises:  
   101.    An authorised officer who enters premises under subsection 96 (1) may, if the officer has reasonable grounds for believing that the circumstances are of such seriousness and urgency as to require the exercise of the power without a warrant, in addition to the powers he or she may exercise under section 99, do any of the following:  
   102.    Where an authorised officer takes a sample under section 99 or 100, the officer shall—  
   105.    This Division applies if an authorised officer—  
   108.    (1) An authorised officer may seize anything pursuant to a power of seizure under this Part if he or she has reasonable grounds for believing that it is connected with an offence against this Act and—  

   PART XII--ANALYSTS' POWERS

   113.    A certificate purporting to be signed by an analyst—  

   PART XIII--ENFORCEMENT

   114.    In this Division—“administrative charge” means the administrative charge determined under section 165 for the purposes of this Division; “minor environmental offence” means an offence against this Act prescribed for the purposes of this Division; “on-the-spot fine”, in relation to a minor environmental offence, means—  
   115.    For the purposes of this Division, an infringement notice, in relation to a minor environmental offence, is a notice in a form approved by the Authority that—  
   116.    An authorised officer may serve an infringement notice (in this Division called a “first notice”) on a person if the officer has reasonable grounds for believing that the person has committed a minor environmental offence.  
   117.    An authorised officer may, after serving a person with a first notice, serve the person with another infringement notice (in this Division called a “final notice”)—  
   124.    In a prosecution for a minor environmental offence, a certificate signed by the Authority stating—  
   126.    A person shall not contravene an environment protection order.  
   130.    In determining the amount of costs to be awarded against a party to a proceeding under section 128 or 129, the Supreme Court shall take into account the nature of the public interest.  
   131.    The Supreme Court may order an applicant for an order under section 128—  
   132.    If, on an application for an order under section 128 alleging that there has been a contravention of an environmental authorisation, an environment protection order or a provision of this Act, the Supreme Court is satisfied that—  
   134.    A person shall not contravene an information discovery order.  

   PART XIV--ADMINISTRATIVE REVIEW

   PART XV--OFFENCES

   141.    A person shall not cause an environmental nuisance.  
   142.    A person shall not cause or allow a pollutant or the source of a pollutant to be placed in a position as a result of which the pollutant could reasonably be expected to cause environmental harm.  
   143.    A person does not commit an offence against section 137, 138, 139, 141 or 142 if—  
   144.    For the purposes of sections 137, 138 and 139, where a person causes environmental harm by causing the entry into the environment of a measure of a pollutant that exceeds the measure authorised by or under this Act, the person is liable to be prosecuted only in respect of the environmental harm caused by the excess pollutant.  
   145.    Certain offences against this Act are specified in Schedule 2.  
   152.    A person shall not, in purported compliance with a requirement under this Act or for any other reason, provide to an authorised officer—  
   155.    Subject to sections 153 and 154, an offence against section 45, subsection 137 (3), 138 (3) or 139 (3) or section 141 or 142 or a minor environmental offence within the meaning of Division 1 of Part XIII are offences of strict liability.  
   156.    Where an offence against this Act is alleged to have been committed by a person, in addition to the penalty otherwise applicable to the offence, the person is liable to a penalty for each day during which the act or omission continues of not more than an amount equal to 20% of the maximum penalty prescribed for that offence.  
   158.    In imposing a penalty for an offence against this Act, a court shall take into consideration (in addition to any other matter the court considers relevant)—  

   PART XVI--MISCELLANEOUS

   159.    A person does not—  
   161.    For the purposes of this Act, the reasonable costs and expenses that have been or would be incurred by the Authority or another person in taking any action are to be assessed by reference to—  
   163.    Where, for the purposes of this Act, it is necessary for the Authority to consider the environmental record of a body corporate or a natural person, the environmental record of a director, servant or agent of the body, or a servant or agent of the person, may be taken to be part of the environmental record of the body or person.  
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