ENVIRONMENT PROTECTION ACT 1997 (NO. 92 OF 1997)
Table of Provisions
PART I--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Objects
- 4 Interpretation
- 5 Things taken to have an impact causing environmental harm
- 6 Relationship with Bushfire Act 1936 and Fire Brigade Act 1957
- 7 Construction consistent with certain other laws
- 8 Application in respect of people and certain things is limited
- 9 Civil remedies and common law not affected
- 10 Criminal liability of Crown agents
PART II--ADMINISTRATION
- 11 Appointment
- 12 Functions and powers
- 13 Delegations
- 14 Authorised officers
- 15 Analysts
- 16 Identity cards
- 17 Disclosure of interests
- 19 Inspection of documents
- 20 Copies of documents
- 21 Exclusion of material
PART III--ENVIRONMENTAL DUTIES
PART IV--ENVIRONMENT PROTECTION POLICIES
- 24 Contents
- 25 Consultation
- 26 Promulgation
- 27 Formal changes
- 28 Revocation
- 29 Inspection
- 30 Legal character
PART V--ACCREDITED CODES OF PRACTICE
- 31 Accrediting codes of practice
- 32 Notification of accredited codes of practice
- 33 Deemed compliance with general environmental duty
PART VI--ECONOMIC MEASURES
- 34 Schemes for economic measures
- 35 Bubble licences
- 36 Tradeable permits
- 37 Regulations may make provision for schemes
PART VII--ENVIRONMENTAL PROTECTION AGREEMENTS
- 38 Entering agreements
- 39 Form and terms of agreements
- 40 Effect of agreements
- 41 Notification of environmental protection agreements
PART VIII--ENVIRONMENTAL AUTHORISATIONS
- 42 Conducting prescribed classes of activities
- 43 Authority may require an environmental authorisation
- 44 Conducting activities other than prescribed activities
- 45 Compliance with an authorisation
- 46 Kinds of authorisation
- 47 Application
- 48 Public consultation
- 49 Grant
- 50 Notification of grant
- 51 Kinds of conditions
- 52 Period of authorisation
- 53 Authorisation fees
- 54 Determination of fee instalments
- 55 Non-payment of fees
- 56 Refund and remission of fees
- 57 Annual 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 this
- 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
PART IX--ENVIRONMENTAL PROTECTION
- 68 Contents of an environmental improvement plan
- 69 Authority may require an environmental improvement plan
- 70 Submission of environmental improvement plan
- 71 Approval of environmental improvement plan
- 72 Accreditation of voluntary improvement plans
- 73 Interpretation
- 74 Conduct of audits
- 75 Certain auditors to be approved
- 76 Authority may require an environmental audit
- 77 Authority's response to environmental audit report
- 78 Protection for reports of voluntary audits
- 79 Protection does not extend to environment protection orders
- 80 Interpretation
- 81 Contents of an emergency plan
- 82 Authority may require an emergency plan
- 83 Submission of emergency plan
- 84 Approval of emergency plan
- 85 Authority may require a financial assurance
- 86 Show cause why financial assurance should not be provided
- 87 Non-provision of financial assurance
- 88 Claim on or realisation of a financial assurance
- 89 Notice before claim on or realisation of a financial assurance
- 90 Recovery of extra costs
PART X--FUNCTIONS OF THE MINISTER
PART XI--AUTHORISED OFFICERS' POWERS
- 95 Interpretation
- 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 Inspection of premises—seriousness and urgency
- 102 Procedure where samples taken
- 103 Consent to entry
- 104 Search warrants
- 105 Emergency situations
- 106 Taking or directing action
- 107 Entry and exercise of powers
- 108 Seizure
- 109 Retention to adduce evidence
- 110 Disposal
- 111 Power to require name and address
PART XII--ANALYSTS' POWERS
PART XIII--ENFORCEMENT
- 114 Interpretation
- 115 Infringement notices
- 116 First notice
- 117 Final notice
- 118 Discharge of liability
- 119 Application for withdrawal of infringement notices
- 120 Withdrawal of infringement notices
- 121 Prosecution of minor environmental offences
- 122 Non-antecedent value of infringement notice offences
- 123 Service of notices
- 124 Evidence
- 125 Environment protection orders
- 126 Contravention of an environment protection order
- 127 Application for order
- 128 Making of order
- 129 Interim order
- 130 Costs—public interest
- 131 Security for costs etc.
- 132 Compensation
- 133 Information discovery orders
- 134 Contravention of information discovery order
PART XIV--ADMINISTRATIVE REVIEW
PART XV--OFFENCES
- 137 Causing serious environmental harm
- 138 Causing material environmental harm
- 139 Causing environmental harm
- 140 Person may be found guilty of lesser charge
- 141 Causing an environmental nuisance
- 142 Placing a pollutant where it could cause harm
- 143 No offence committed
- 144 Liability limited to harm caused by excess pollutants
- 145 Offences in Schedule 2
- 146 Conduct of directors, servants and agents
- 147 Criminal liability of officers of body corporate
- 148 (1) Before transferring ownership of an activity or place in respect of which an instrument is in effect, the transferor shall not, without reasonable excuse, fail to notify the transferee of the existence and content of the instrument.
- 149 Notice to Authority of alteration to equipment and works
- 150 Self-incrimination
- 151 Obstructing etc. authorised officers
- 152 False or misleading statements
- 153 Due diligence
- 154 Defence of emergency
- 155 Strict liability offences
- 156 Continuing offences
- 157 Additional court orders
- 158 Matters to be considered in imposing penalty