ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - TABLE OF PROVISIONS PART I--PRELIMINARY CITATION 1. THESE REGULATIONS MAY BE CITED AS THE ENVIRONMENT PROTECTION REGULATIONS. 1. Commencement PART II--AIR 4. This Part does not apply in relation to the lighting or smoking of a cigar, cigarette or pipe. 5. For the purposes of paragraph 5 (a) of the Act, a pollutant emitted into the air through a chimney, being a pollutant specified in Table 1 or 2 of the national emission guidelines, shall be taken to cause environmental harm if the measure of the pollutant being emitted into the air from a source specified in that table opposite that pollutant exceeds the standard specified in that table opposite that source. 7. Despite anything in this Division, a pollutant being emitted into the air shall not be taken to cause environmental harm if the source of that pollutant is a fire that is permitted under Division 3. 8. Despite anything in this Division, a pollutant being emitted into the air shall not be taken to cause environmental harm if-- 9. (1) For the purposes of clause 3 of Schedule 2 to the Act, sulfur is a prescribed constituent of fuel oil and the proportion of sulfur that may be present in fuel oil shall not exceed-- 10. For the purposes of Division 1 of Part XIII of the Act-- 14. A person shall not light, use or maintain a fire inside a building unless the person takes such steps as are practicable and reasonable to prevent or minimise the environmental harm caused, or likely to be caused, by the emission of pollutants into the air from the fire. PART III--HAZARDOUS MATERIALS 16. In this Division--"discarded domestic article" includes a domestic aerosol, domestic refrigerator or domestic air conditioning equipment, but does not include discarded motor vehicle air conditioner equipment. 17. This Division does not apply to-- 18. For the purposes of paragraph 5 (b) of the Act, an ozone depleting substance shall be taken to cause environmental harm if it enters the atmosphere. 19. Despite regulation 18, an ozone depleting substance entering the atmosphere shall not be taken to cause environmental harm if the substance-- 20. Despite regulation 18, an ozone depleting substance entering the atmosphere shall not be taken to cause environmental harm if the substance-- 21. (1) For the purposes of paragraph 2 (a) of Schedule 1 to the Act, the following are Class A activities: 23. For the purposes of paragraph 5 (b) of the Act, PCB material or a thing containing PCB material shall be taken to cause environmental harm if the material or thing enters the environment. PART IV--NOISE 24. For the purpose of determining whether noise being emitted from a parcel of land is in compliance with the Act or these Regulations-- 26. For the purposes of these Regulations, noise zones are adjoining if the zones-- 28. Despite regulation 27, noise being emitted from a parcel of land shall not be taken to cause environmental harm if-- 29. (1) Despite regulation 27, noise being emitted during the conduct of an activity specified in Table 2 in Schedule 2 shall not be taken to cause environmental harm if the activity is conducted in accordance with the conditions specified in that table opposite that activity. 30. In the event of an inconsistency between an approval and this Part, the approval prevails. 31. A person who conducts an activity that emits excessive noise shall not be taken to have committed an offence against the Act or these Regulations in respect of that emission unless-- PART V--PETROLEUM PRODUCTS CONSTRUCTION AND MARKING OF PETROL PUMPS 33. (1) For the purposes of clause 10 of Schedule 2 to the Act, a petrol pump used to dispense unleaded petrol into motor vehicles shall-- PART VI--WATER 35. For the purposes of paragraph 5 (b) of the Act, a pollutant specified in a table in Schedule 3 shall be taken to cause environmental harm if it enters a waterway that has as 1 of its environmental values the value specified in that table. 36. The ambient environmental standards in relation to water quality for a waterway that has as 1 of its environmental values the value specified in a table in Schedule 4, in flow conditions not exceeding the long term 5 percentile high flow value, are the standards specified in that table opposite that value. 37. (1) An indicator specified in a table in Schedule 4 (other than dissolved oxygen and light penetration) shall be taken to comply with the standard value specified in that table opposite that indicator if-- PART VII--MINOR ENVIRONMENTAL OFFENCES 38. (1) An offence specified in column 2 of an item in Schedule 5 is punishable, on conviction, by a penalty not exceeding-- 39. A person does not commit a minor environmental offence within the meaning of Division 1 of Part XIII of the Act if-- PART VIII--OTHER MATTERS TO BE PRESCRIBED PART IX--MISCELLANEOUS SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 1 Commencement 2. (1) Regulation 1 and this regulation commence on the day on which these Regulations are notified in the Gazette. (2) The remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette. (3) If a provision referred to in subregulation (2) has not commenced before the end of the period of 6 months commencing on the day on which these Regulations are notified in the Gazette, that provision, by force of this subregulation, commences on the first day after the end of that period. Interpretation 3. (1) In these Regulations, unless the contrary intention appears-- "affected land" means a parcel of land (whether inside or outside the Territory) a person on which is affected by excessive noise, but does not include-- (a) if the noise is being emitted from a parcel of leased land--that land; or (b) a road, footpath or cycle way; "affected occupier" means an occupier of affected land and, in relation to affected land that is-- (a) unleased land; or (b) public land within the meaning of section 153 of the Crown Lands Act 1989 of New South Wales; and includes a person who is lawfully on that land; "agvet chemical product" means-- (a) an agricultural chemical product; or (b) a veterinary chemical product; within the meaning of the Agvet Code; "Agvet Code" means the Agricultural and Veterinary Chemicals Code as in force for the time being under the Agricultural and Veterinary Chemicals Code Act 1994 of the Commonwealth;"approval", in relation to an activity, means a licence, lease, permit or other instrument (however described) under a law of the Territory authorising the conduct of the activity on specified public land;"building work" means building work in respect of which a building permit under Part III of the Building Act 1972 is required;"built-up area" means an area declared under the Bushfire Act 1936 to be a built-up area;"CFC" means a chlorofluorocarbon specified in Part I of Schedule 1 to the Ozone Protection Act 1989 of the Commonwealth, whether existing alone or in a mixture;"chimney" means a structure or opening designed to permit the emission of pollutants into the air from premises, whether or not the chimney is structurally part of the premises;"compliance location" has the meaning given by regulation 25;"essential service" means the provision of electricity or any other service that is prescribed as an essential service by or under the Essential Services (Continuity of Supply) Act 1992;"excessive noise" means noise that, by virtue of regulation 27, is to be taken to have an adverse impact on the environment;"halon" means a halon specified in Part II of Schedule 1 to the Ozone Protection Act 1989 of the Commonwealth, whether existing alone or in a mixture;"HCFC" means a hydrochlorofluorocarbon specified in Part V of Schedule 1 to the Ozone Protection Act 1989 of the Commonwealth, whether existing alone or in a mixture;"methyl chloroform" means the substance specified in Part IV of Schedule 1 to the Ozone Protection Act 1989 of the Commonwealth;"national emission guidelines" means the guidelines called the "National guidelines for control of emission of air pollutants from new stationary sources 1985" published by or on behalf of the Australian Environment Council and the National Health and Medical Research Council;"noise zone", in relation to a parcel of land to which a land use policy specified in column 2 of Table 1 in Schedule 2 applies, means the noise zone specified in column 1 opposite that land use policy;"non-scheduled PCB material" means any material that contains PCBs in a measure that is less than the threshold concentration or threshold quantity but is greater than 2 milligrams per kilogram;"NRA" means the National Registration Authority for Agricultural and Veterinary Chemicals under the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth;"NSW Authority" means the Environment Protection Authority under the Protection of the Environment Administration Act 1991 of the State of New South Wales;"NSW Noise Control Act" means the Noise Control Act 1975 of the State of New South Wales, and includes any regulations in force for the time being under that Act;"NSW Noise Control Manual" means-- (a) the manual called the "Environmental Noise Control Manual", published by or on behalf of the NSW Authority, as varied and in effect for the time being; and (b) where the manual has been replaced by an equivalent publication--that publication, as varied and in effect for the time being; "PCB" means a polychlorinated biphenyl with the chemical formula C12H10-nCln, where n is any whole number in the range from and including 1 to and including 10;"PCB material" means scheduled or non-scheduled PCB material;"permitted agvet chemical product" means an agvet chemical product that is the subject of a permit under Part 7 of the Agvet Code;"premises" includes vacant land, vehicles, vessels and aircraft;"protocol" means a national environment protection protocol within the meaning of the national scheme laws, and includes a national environment protection protocol in a national environment protection measure made by the National Environment Protection Council and in force from time to time under those laws;"registered agvet chemical product" means an agvet chemical product that is registered under Part 2 of the Agvet Code;"scheduled PCB material" means any material that contains PCBs in a measure that is equal to or greater than the threshold concentration and threshold quantity;"sole occupancy unit" means a part of a building in respect of which a person has an exclusive right of occupation;"standard" means a national environment protection standard within the meaning of the national scheme laws, and includes a national environment protection standard in a national environment protection measure made by the National Environment Protection Council and in force from time to time under those laws;"the Act" means the Environment Protection Act 1997;"threshold concentration" means a concentration of PCB material at 50 milligrams per kilogram;"threshold quantity" means 50 grams of PCB material;"zone noise standard", in relation to noise being emitted in a noise zone during a period specified in column 3A, 3B, 3C or 3D of Table 1 in Schedule 2, means the zone noise standard specified in that column opposite that noise zone. (2) Unless the contrary intention appears, an expression used in these Regulations has the same meaning as in Schedule 1 or 2 to the Act. (3) A reference in these Regulations to an ozone depleting substance shall not be read as including a reference to a thing that has been manufactured where the thing-- (a) contains, or will use in its operation, an ozone depleting substance; or (b) consists in part of an ozone depleting substance only because the substance was used in the manufacturing process. (4) A reference in subregulation (3) to a thing that has been manufactured shall not be read as including a reference to such a thing that is to be used only for the transportation and storage of an ozone depleting substance unless the substance can only be used in conjunction with the thing. Division 1--Preliminary Application to tobacco products ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 4 4. This Part does not apply in relation to the lighting or smoking of a cigar, cigarette or pipe. Division 2--Emissions Emission of certain pollutants through a chimney ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 5 5. For the purposes of paragraph 5 (a) of the Act, a pollutant emitted into the air through a chimney, being a pollutant specified in Table 1 or 2 of the national emission guidelines, shall be taken to cause environmental harm if the measure of the pollutant being emitted into the air from a source specified in that table opposite that pollutant exceeds the standard specified in that table opposite that source. Smoke and soot 6. (1) Despite regulation 5, the concentration of smoke being emitted into the air through a chimney from a source specified in Table 1 of the national emission guidelines opposite that pollutant-- (a) may exceed the standard specified in that table opposite that source for a period that does not exceed 20 minutes in any period of 24 hours if-- (i) the emission is due solely to the lighting of a boiler or incinerator from cold; (ii) the concentration does not exceed the concentration that appears as Shade 3 on the Ringlemann chart; and (iii) such steps as are practicable and reasonable are taken to prevent or minimise the emission; and (b) may exceed the concentration that appears as Shade 3 on the Ringlemann chart for a period that does not exceed 10 minutes in any period of 8 hours if-- (i) the emission is due solely to the blowing of tubes of a boiler; and (ii) such steps as are practicable and reasonable are taken to prevent or minimise the emission. (2) Despite regulation 5, the concentration of soot being emitted into the air through a chimney from a source specified in Table 1 of the national emission guidelines opposite that pollutant-- (a) may exceed the standard specified in that table opposite that source for a period that does not exceed 20 minutes in any period of 24 hours if-- (i) the emission is due solely to the lighting of a boiler or incinerator from cold; (ii) the concentration does not exceed the concentration that appears as a blackening index of Shade 5 when tested by the Bacharach filter paper method; and (iii) such steps as are practicable and reasonable are taken to prevent or minimise the emission; and (b) may exceed the concentration that appears as a blackening index of Shade 5 when tested by the Bacharach filter paper method for a period that does not exceed 5 minutes in any period of 8 hours if-- (i) the emission is due solely to the blowing of tubes of a boiler; and (ii) such steps as are practicable and reasonable are taken to prevent or minimise the emission. Fires ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 7 7. Despite anything in this Division, a pollutant being emitted into the air shall not be taken to cause environmental harm if the source of that pollutant is a fire that is permitted under Division 3. Motor vehicles ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 8 8. Despite anything in this Division, a pollutant being emitted into the air shall not be taken to cause environmental harm if-- (a) the source of that pollutant is a motor vehicle to which the Act applies; and (b) the motor vehicle complies with the requirements of the Motor Traffic Act 1936 and any regulations in force for the time being under that Act. Sulfur content of fuel oil ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 9 9. (1) For the purposes of clause 3 of Schedule 2 to the Act, sulfur is a prescribed constituent of fuel oil and the proportion of sulfur that may be present in fuel oil shall not exceed-- (a) in the case of fuel oil used on premises on which there is erected equipment capable of consuming fuel oil, either alone or with another substance, at a rate of not more than 200 kilograms an hour--0.5% by weight; or (b) in the case of fuel oil used on premises on which there is erected equipment capable of consuming fuel oil, either alone or with another substance, at a rate of more than 200 kilograms an hour--1.0% by weight. (2) Notwithstanding subregulation (1), fuel oil containing a higher proportion of sulfur than that referred to in paragraph (1) (a) or (b) may be used on premises if the equipment in which the oil is used is fitted with control equipment of such a kind that the emission from the equipment is not greater than the emission that would be emitted from the equipment if fuel oil with a sulfur content of not more than 0.5% or 1.0%, as the case requires, were used. Division 3--Lighting of fires Minor environmental offences ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 10 10. For the purposes of Division 1 of Part XIII of the Act-- (a) an offence against this Division is a minor environmental offence; and (b) if the offender is a natural person--the on-the-spot fine is $120. Burning of certain substances prohibited 11. (1) A person shall not cause to be burnt-- (a) synthetic plastics or other synthetic polymers; (b) wood that is painted, chemically treated or contaminated with chemicals; or (c) chemicals (except those recommended by the manufacturer as fuels for fire); other than in accordance with an environmental authorisation that authorises the burning of such substances in an incinerator. Penalty for contravention of subregulation (1): (a) if the offender is a natural person--10 penalty units; (b) if the offender is a body corporate--50 penalty units. (2) A person shall not cause to be burnt-- (a) waste (including garden waste, but not including paper or cardboard being burnt for the purpose of starting a fire); or (b) unseasoned wood; other than in accordance with an environmental authorisation that authorises the burning of such substances in an incinerator. Penalty for contravention of subregulation (2): (a) if the offender is a natural person--10 penalty units; (b) if the offender is a body corporate--50 penalty units. (3) Subregulation (2) does not apply in relation to the burning of waste on land in an area that is not in the built-up area by a person who is ordinarily resident on that land if-- (a) the waste is waste as a result of his or her being the resident of the land; and (b) the burning occurs on that land. Open air fires 12. (1) A person shall not-- (a) cause combustible material to be burnt; or (b) cause a fire to be lit, used or maintained; in the open air. Penalty: (a) if the offender is a natural person--5 penalty units; (b) if the offender is a body corporate--25 penalty units. (2) Nothing in subregulation (1) applies in relation to conduct-- (a) that is for the purposes of an activity specified in Schedule 1 being conducted in accordance with the conditions (if any) specified in that Schedule opposite that activity; or (b) that is otherwise authorised by or under the Act or these Regulations; and is, apart from the Act and these Regulations, lawful. Unfavourable weather conditions 13. (1) Where the Minister is satisfied that meteorological conditions are, or are likely to become, such that fire related activities would-- (a) cause excessive environmental harm; or (b) unduly increase the measure of pollutants in the air; the Minister may, by notice, prohibit fire related activities. (2) A notice under subregulation (1)-- (a) shall be-- (i) published in a daily newspaper printed and circulating in the Territory; (ii) broadcast from a radio broadcasting station in the Territory; or (iii) televised from a television station in the Territory; (b) shall specify the times of the day and the periods during which the prohibition applies; and (c) shall specify that-- (i) the prohibition applies to the Territory as a whole; or (ii) if it applies to part only of the Territory--the part to which it applies. (3) A person shall not contravene a notice under subregulation (1). Penalty: (a) if the offender is a natural person--10 penalty units; (b) if the offender is a body corporate--50 penalty units. (4) In subregulation (1)-- "fire related activities" means-- (a) the burning of combustible material; or (b) the lighting, using or maintaining of a fire (other than a fire solely for the purpose of cooking food or heating a potable liquid); in the open air. Indoor fires ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 14 14. A person shall not light, use or maintain a fire inside a building unless the person takes such steps as are practicable and reasonable to prevent or minimise the environmental harm caused, or likely to be caused, by the emission of pollutants into the air from the fire. Penalty: (a) if the offender is a natural person--5 penalty units; (b) if the offender is a body corporate--25 penalty units. Division 1--Agvet chemical products Entry of products into the environment 15. (1) For the purposes of paragraph 5 (a) of the Act, a registered or permitted agvet chemical product shall be taken to cause environmental harm if the measure of the product entering the environment exceeds the measure authorised by the NRA. (2) For the purposes of paragraph 5 (b) of the Act, an agvet chemical product (other than a registered or permitted agvet chemical product) shall be taken to cause environmental harm if it enters the environment. Division 2--Ozone depleting substances Interpretation ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 16 16. In this Division--"discarded domestic article" includes a domestic aerosol, domestic refrigerator or domestic air conditioning equipment, but does not include discarded motor vehicle air conditioner equipment. Application ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 17 17. This Division does not apply to-- (a) the sale, purchase, storage, supply, use or disposal of-- (i) a substance; or (ii) a thing that contains a substance; merely because the substance includes an insignificant quantity or proportion of an ozone depleting substance; or (b) the sale or supply of an ozone depleting substance as part of a transaction that is ancillary to the servicing of a thing which uses an ozone depleting substance. Entry of substances into the atmosphere ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 18 18. For the purposes of paragraph 5 (b) of the Act, an ozone depleting substance shall be taken to cause environmental harm if it enters the atmosphere. Registered or permitted under the Agvet Code ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 19 19. Despite regulation 18, an ozone depleting substance entering the atmosphere shall not be taken to cause environmental harm if the substance-- (a) is registered under the Agvet Code and is being used in accordance with the conditions of registration; or (b) is being used in accordance with a permit under the Agvet Code. Other permitted discharges ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 20 20. Despite regulation 18, an ozone depleting substance entering the atmosphere shall not be taken to cause environmental harm if the substance-- (a) is discharged as part of an aerosol product the manufacture or import of which is not prohibited under the Ozone Protection Act 1989 of the Commonwealth; (b) is a halon or an HCFC and is discharged in an emergency for the purposes of extinguishing a fire; (c) is a residual CFC or HCFC discharged from a discarded domestic article; (d) is discharged from a steriliser being used to sterilise medical devices or equipment where-- (i) the steriliser was purchased and was being used for sterilising medical devices or equipment before January 1993; (ii) there is no acceptable alternative to using the substance in the steriliser; and (iii) such steps as are practicable and reasonable are taken to minimise the discharge; (e) is discharged during the operation of dry cleaning equipment where such steps as are practicable and reasonable are taken to minimise the discharge; or (f) is discharged as a solvent for cleaning or degreasing where-- (i) the cleaning or degreasing is necessary for the continued operation of a business; (ii) there is no acceptable alternative to using the substance for that cleaning or degreasing; and (iii) such steps as are practicable and reasonable are taken to minimise the discharge. Class A activities ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 21 21. (1) For the purposes of paragraph 2 (a) of Schedule 1 to the Act, the following are Class A activities: (a) the sale, purchase, storage, supply, use, reclaiming or disposal of halons; (b) the manufacture, sale, purchase, storage, supply, use, servicing or disposal of a thing that uses halons in its operation; (c) the sale, purchase, supply, reclaiming or disposal of CFCs or HCFCs; (d) the manufacture or servicing of a thing that uses CFCs or HCFCs in its operation; (e) the disposal of a thing containing CFCs or HCFCs, other than a discarded domestic article. (2) Paragraphs (1) (a) and (b) do not apply to the storage or use of halons in an aircraft in the Territory if-- (a) the halons are used in an emergency to extinguish a fire; (b) the owner of the aircraft, within 20 working days after the date of the discharge of the halons, gives written notice of the fact to-- (i) an authorised halon supplier; or (ii) the Authority; and (c) the notice specifies-- (i) the name of the registered owner of the aircraft; (ii) the aircraft registration number; (iii) the type and quantity of the halon released; and (iv) the date of, and reason for, the release of the halon. (3) In subregulation (1)-- "servicing", in relation to a thing using an ozone depleting substance in its operation, means carrying out an activity for the purposes of repairing, maintaining or adjusting the thing, being an activity that risks release into the atmosphere of an ozone depleting substance. Sale or hire of articles 22. (1) This regulation applies in relation to-- (a) the first retail sale of a new article or other thing that uses an ozone depleting substance in its operation; or (b) the hiring out of an article or other thing that uses an ozone depleting substance in its operation. (2) A person shall not sell or hire out an article or other thing unless the sale or hiring out is authorised under this regulation. Penalty: (a) if the offender is a natural person--10 penalty units; (b) if the offender is a body corporate--50 penalty units. (3) The sale or hiring out of an article or other thing is authorised under this regulation if, had the article or other thing been sold in the State of New South Wales instead of being sold or hired out in the Territory, the sale would have been permitted under the relevant NSW Ozone Protection legislation. (4) In subregulation (3)-- "relevant NSW Ozone Protection legislation" means-- (a) in the case of the sale of an article or other thing in the Territory-- (i) the Ozone Protection Act 1989 of the State of New South Wales; and (ii) the Ozone Protection Regulations 1997 of the State of New South Wales; or (b) in the case of the hiring out of an article or other thing in the Territory-- (i) the Ozone Protection Act 1989 of the State of New South Wales as in force at the time the article or other thing was first hired out in the Territory; and (ii) the Ozone Protection Regulations 1997 of the State of New South Wales as in force under that Act. Division 3--Polychlorinated biphenyls (PCBs) Entry of PCBs into the environment ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 23 23. For the purposes of paragraph 5 (b) of the Act, PCB material or a thing containing PCB material shall be taken to cause environmental harm if the material or thing enters the environment. Division 1--Measuring noise levels Procedures for taking measurements ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 24 24. For the purpose of determining whether noise being emitted from a parcel of land is in compliance with the Act or these Regulations-- (a) the noise level measured shall be L10,T; and (b) all measurements shall be taken and all adjustments for the nature of the noise shall be determined using the procedures set out in the NSW Noise Control Manual. Measurements to be taken at compliance location 25. (1) For the purpose of determining whether noise being emitted from a parcel of land is in compliance with the Act or these Regulations, the noise level shall be measured at the compliance location for that parcel of land. (2) The compliance location is-- (a) if the noise is being emitted during the course of conducting an activity in respect of which an environmental authorisation or an environmental protection agreement is in effect; and (b) if the authorisation or agreement specifies the compliance location; the location so specified. (3) The compliance location for public land to which subregulation (2) does not apply is, if-- (a) the noise is being emitted during the course of conducting an activity in respect of which an approval is in force; and (b) the approval specifies the compliance location; that location. (4) The compliance location for leased land to which subregulation (2) does not apply is-- (a) if the boundary of the leased land is formed by a road separating 2 noise zones; and (b) if those noise zones have different zone noise standards in respect of the period during which the noise is emitted; any point on or as near as practicable to the boundary of the noise zone with the lowest of those zone noise standards. (5) The compliance location for leased land to which neither subregulation (2) or (4) applies is-- (a) if the noise is being emitted from 1 of 2 or more sole occupancy units on the leased land-- (i) any point within any of those other units; and (ii) any point on or as near as practicable to the boundary of the leased land; or (b) in any other case--any point on or as near as practicable to the boundary of the leased land. (6) The compliance location for unleased land to which neither subregulation (2) nor (3) applies is any point as near as practicable to 5 metres from the source of the noise. Adjoining noise zones ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 26 26. For the purposes of these Regulations, noise zones are adjoining if the zones-- (a) have a common boundary; or (b) would have a common boundary but for a road separating the zones. Division 2--Excessive noise levels Noise levels exceeding zone noise standards 27. (1) For the purposes of paragraph 5 (a) of the Act, subject to this regulation, noise being emitted from a parcel of land in a noise zone shall be taken to cause environmental harm if the noise level exceeds the zone noise standard in respect of the period during which the noise is emitted. (2) Noise being emitted from a sole occupancy unit on a parcel of leased land in a noise zone shall be taken to cause environmental harm in another sole occupancy unit on the leased land if the noise level at any point within that other unit exceeds 5 dB(A) below the zone noise standard in respect of the period during which the noise is emitted. (3) Where the boundary of a parcel of leased land is also the boundary of a noise zone that adjoins another noise zone or other noise zones, the zone noise standard at that boundary for that parcel of land is the average of the zone noise standards for the adjoining noise zones in respect of the period during which the noise is emitted, rounded up to the nearest dB(A). Noise from certain activities ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 28 28. Despite regulation 27, noise being emitted from a parcel of land shall not be taken to cause environmental harm if-- (a) the noise is emitted during the course of conducting an activity for the purpose of-- (i) protecting life or property; or (ii) preventing, minimising or remedying environmental harm; (b) the noise is emitted during the course of conducting an activity for the purpose of maintaining an essential service; or (c) the noise is emitted during the course of constructing or maintaining an arterial road. Noise complying with certain conditions ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 29 29. (1) Despite regulation 27, noise being emitted during the conduct of an activity specified in Table 2 in Schedule 2 shall not be taken to cause environmental harm if the activity is conducted in accordance with the conditions specified in that table opposite that activity. (2) A reference in Table 2 in Schedule 2 to a zone followed by a letter is a reference to the noise zone so lettered in Table 1 in Schedule 2. (3) A reference in Table 2 in Schedule 2 to a period followed by a number is-- (a) if the period is during a Sunday or a public holiday--the period specified in column 3 of Table 3 in Schedule 2 opposite the same number specified in column 1 of that table; or (b) if the period is during any other day--the period specified in column 2 of Table 3 in Schedule 2 opposite the same number specified in column 1 of that table. Approval prevails ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 30 30. In the event of an inconsistency between an approval and this Part, the approval prevails. Complaint must be made by affected person ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 31 31. A person who conducts an activity that emits excessive noise shall not be taken to have committed an offence against the Act or these Regulations in respect of that emission unless-- (a) an affected occupier makes a complaint to an authorised officer; (b) in the case of noise being emitted from a sole occupancy unit on a parcel of leased land--if the noise level in another sole occupancy unit on the leased land exceeds 5 dB(A) below the zone noise standard for the noise zone that the leased land is in; and (c) in any other case--the noise level at the affected land exceeds the zone noise standard for the noise zone that the affected land is in. Division 3--Sale and hire of articles Sale or hire of articles 32. (1) This regulation applies in relation to-- (a) the first retail sale of a new article or other thing; or (b) the hiring out of an article or other thing. (2) A person shall not sell or hire out an article or other thing unless the sale or hiring out is authorised under this regulation. Penalty: (a) if the offender is a natural person--10 penalty units; (b) if the offender is a body corporate--50 penalty units. (3) The sale or hiring out of an article or other thing is authorised under this regulation if, had the article or other thing been sold in the State of New South Wales instead of being sold or hired out in the Territory, the sale would have been permitted under the relevant NSW Noise Control legislation. (4) In subregulation (3)-- "relevant NSW Noise Control legislation" means-- (a) in the case of the sale of an article or other thing in the Territory-- (i) the Noise Control Act 1975 of the State of New South Wales; and (ii) any regulations in force for the time being under that Act; and (b) in the case of an article or other thing hired out in the Territory-- (i) the Noise Control Act 1975 of the State of New South Wales as in force at the time the article or other thing was first hired out in the Territory; and (ii) any regulations in force under that Act. Construction and marking of petrol pumps ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 33 33. (1) For the purposes of clause 10 of Schedule 2 to the Act, a petrol pump used to dispense unleaded petrol into motor vehicles shall-- (a) have a hose that is equipped with a nozzle that has an external diameter of not more than 21.34 millimetres; and (b) have the word "UNLEADED" marked on the pump-- (i) in letters not less than 20 millimetres in height; and (ii) in a position that is clearly visible to a driver of a motor vehicle intending to obtain petrol from the pump. (2) For the purposes of clause 10 of Schedule 2 to the Act, a petrol pump used to dispense leaded petrol into motor vehicles shall-- (a) have a hose that is equipped with a nozzle that has an external diameter of not less than 23.6 millimetres; and (b) have the words "CONTAINS LEAD" marked on the pump-- (i) in letters not less than 20 millimetres in height; and (ii) in a position that is clearly visible to a driver of a motor vehicle intending to obtain petrol from the pump. Environmental values 34. (1) For the purposes of this Part and Schedules 3 and 4, the environmental values of a waterway are the environmental values specified in Part C2, Water Use and Catchment Policies, of the Territory Plan in respect of the waterway. (2) The following are examples of those environmental values: (a) Domestic Water Quality (DOM1/2/3); (b) Primary and Secondary Contact Recreation (REC/1 & REC/2); (c) Waterscape (VIEW); (d) Agricultural Uses (STOCK). Entry of certain pollutants into waterways ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 35 35. For the purposes of paragraph 5 (b) of the Act, a pollutant specified in a table in Schedule 3 shall be taken to cause environmental harm if it enters a waterway that has as 1 of its environmental values the value specified in that table. Water quality standards ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 36 36. The ambient environmental standards in relation to water quality for a waterway that has as 1 of its environmental values the value specified in a table in Schedule 4, in flow conditions not exceeding the long term 5 percentile high flow value, are the standards specified in that table opposite that value. Compliance with standards ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 37 37. (1) An indicator specified in a table in Schedule 4 (other than dissolved oxygen and light penetration) shall be taken to comply with the standard value specified in that table opposite that indicator if-- (a) where the standard value is expressed as a range--the measure of the indicator is within the range; or (b) in any other case--the measure of the indicator does not exceed the standard value. (2) Dissolved oxygen or light penetration specified in a table in Schedule 4 shall be taken to comply with the standard value specified in that table opposite that indicator if the indicator is equal to or exceeds the standard value. Offences specified in Schedule 5 ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 38 38. (1) An offence specified in column 2 of an item in Schedule 5 is punishable, on conviction, by a penalty not exceeding-- (a) if the offender is a natural person--the penalty specified in column 3 of that item; or (b) if the offender is a body corporate--5 times that penalty. (2) For the purposes of Division 1 of Part XIII of the Act-- (a) an offence specified in column 2 of an item in Schedule 5 is a minor environmental offence; and (b) if the offender is a natural person--the on-the-spot fine for an offence specified in column 2 of an item in Schedule 5 is the amount specified in column 4 of that item. No offence committed ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - REG 39 39. A person does not commit a minor environmental offence within the meaning of Division 1 of Part XIII of the Act if-- (a) the act or omission that would but for this provision have constituted the offence or an element of the offence was authorised by or under the Act or these Regulations; or (b) in any other case-- (i) the act or omission that would but for this provision have constituted the offence or an element of the offence occurred during the conduct of an activity that was, apart from the Act or these Regulations, lawful; and (ii) in conducting the activity, the person was complying with the general environmental duty. Sampling and analysis of pollutants other than noise 40. (1) The sampling and analysis of a pollutant other than noise shall be conducted in accordance with-- (a) a procedure for that purpose specified by or under another law of the Territory or a law of the Commonwealth, a State or another Territory; (b) a protocol recommended for that purpose in a standard published by or on behalf of the Standards Association of Australia; (c) a protocol recommended for that purpose in a standard published by or on behalf of the International Standards Organisation, Geneva; or (d) a protocol published by a recognised entity. (2) The analysis of a pollutant other than noise shall be conducted by a person employed as an analyst in any of the following organisations: (a) a laboratory operated by or on behalf of the Territory, the Commonwealth, a State or another Territory; (b) an Australian university; (c) a laboratory accredited by the National Association of Testing Authorities; (d) a laboratory notified by the Minister in the Gazette as a laboratory for the purposes of this subregulation. (3) A notice under paragraph (2) (d) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989. (4) In this regulation-- "Australian university" means a university established by a law of the Territory, the Commonwealth, a State or another Territory;"recognised entity" means-- (a) the Territory, the Commonwealth, a State or another Territory; (b) the Authority or a body established by or under a law of the Commonwealth, a State or another Territory having functions corresponding to those of the Authority; (c) the Commonwealth Scientific and Industrial Research Organisation (CSIRO); (d) the Australia and New Zealand Environment and Conservation Council; (e) the National Environment Protection Council established by the national scheme laws; (f) the Agricultural and Resource Management Council of Australia and New Zealand; (g) the United States Environment Protection Authority; (h) the American Public Health Association; (j) a Co-operative Research Centre established under the Commonwealth's Co-operative Research Centre Program; and (k) an Australian university. Review of decisions 41. (1) Application may be made to the Administrative Appeals Tribunal for review of a decision of the Authority-- (a) under paragraph 40 (2) (d) approving a laboratory; or (b) under paragraph 40 (2) (d) refusing to approve a laboratory. (2) Where a decision of a kind referred to in paragraph (1) (a) or (b) is made, the Authority shall give notice in writing of the decision to the applicant. (3) A notice under subregulation (2) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989. ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - SCHEDULE 1 SCHEDULE 1 Subregulation 12 (2) OPEN AIR FIRES: PURPOSES AND CONDITIONS Item Activity Conditions 1 Cooking food or heating a potable liquid 2 Heating The activity is conducted-- (a) in a built-up area using a brazier or constructed fireplace; or (b) in an area that is not a built-up area. 3 A display, ceremony, celebration or similar activity The activity-- (a) if on leased land to which the land use policy of residential applies--is conducted during the period commencing on the Saturday that is 9 days before the public holiday observed as the Sovereign's birthday and ending on the Sunday that is 6 days after that public holiday; (b) if on any other leased land--is authorised by the Chief Fire Control Officer or the Fire Commissioner, and is conducted with the consent of the lessee and in accordance with an approval; or (c) if on unleased land--is authorised by the Chief Fire Control Officer or the Fire Commissioner, and is conducted in accordance with an approval. 4 Providing instruction in fire fighting methods The activity is authorised by-- (a) the Chief Fire Control Officer; or (b) the Fire Commissioner. 5 Burning plant matter in the course of primary production The activity is conducted in an area that is not a built-up area. ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - SCHEDULE 2 SCHEDULE 2 Regulation 29 NOISE: STANDARDS AND CONDITIONS Table 1Zone Noise Standards Column 1 Column 2 Column 3 Column 4 Noise Zone ACTAreas NSWZones Zone Noise Standard (dB(A)) AMon.-Sat.7 am-10 pm BMon.-Sat.10 pm-7 am CSun. & Public Holidays8 am-10 pm DSun. &Public Holidays10 pm-8 am Zone A 3 Industry Queanbeyan City Industrial Zones 65 55 65 55 Zone B 2A Commercial --Civic Centre 2B Commercial --Town Centre Designated Area A* Queanbeyan City Business Zones 60 50 60 50 Zone C 2C Commercial --Group Centre 2E Commercial --Corridors and Office Sites Designated Area B* 55 45 55 45 Zone D 2D Commercial --Local Centre 50 35 50 35 Zone E 5 Restricted Access Recreation 10 Broadacre 50 40 50 40 Zone F 4 Community Facility 7 Municipal Services 8 Entertainment, Accommodation and Leisure Queanbeyan City Special Uses Zones The zone noise standard in respect of a period specified in column 3A, 3B, 3C or 3D is the same as the zone noise standard for the adjoining noise zone that has the highest noise zone standard for that period. Zone G All other areas, other than Designated Area C* All other zones 45 35 45 35 * In column 2 of Table 1-- (a) "Designated Area A" means the area specified pursuant to section 10 of the Commonwealth Act as Central National Area (City); "Designated Area B" means the area specified pursuant to section 10 of the Commonwealth Act as Central National Area (The Parliamentary Zone; Barton; Sections 39, 40 and 41 of Yarralumla; Acton; Anzac Parade and Constitution Avenue; Russell; Duntroon, ADFA and Campbell Park; Development Nodes and Clubs of Lake Burley Griffin and Foreshores); "Designated Area C" means the area specified pursuant to section 10 of the Commonwealth Act as Central National Area (Fairbairn); "Commonwealth Act" means the Australian Capital Territory (Planning and Land Management) Act 1988 of the Commonwealth; "Queanbeyan City Industrial Zones", "Queanbeyan City Business Zones" and "Queanbeyan City Special Uses Zones" have the same respective meanings as in the Queanbeyan Draft Local Environmental Plan 1996; and (b) other areas are land use policies under the Territory Plan. Table 2Noise Conditions Item Activity Conditions 1 Primary production or management of reserved areas (within the meaning of the Nature Conservation Act 1980) (1) The activity is conducted during Period 1. (2) Any equipment being used is maintained and operated in accordance with the manufacturer's specifications (if any). 2 Garden maintenance or improvement (1) The activity is conducted-- (a) if on land to which the land use policy of residential applies--during Period 2; or (b) if on any other land--during Period 1. (2) Any equipment being used is maintained and operated in accordance with the manufacturer's specifications (if any). 3 Maintenance or repair work (1) The activity is conducted during Period 2. (2) Any noise exceeding a zone noise standard is emitted for periods totalling not more than 40 hours in any 8 week period. (3) Any equipment being used is maintained and operated in accordance with the manufacturer's specifications (if any). 4 Sounding of security alarms for motor vehicles or premises The activity is conducted in accordance with the NSW Noise Control Act. 5 Building work (1) The activity is conducted-- (a) if in Zone A or B--during Period 4; or (b) if in any other noise zone and-- (i) the activity will be completed within 2 weeks--during Period 2; or (ii) the activity will not be completed within 2 weeks--during Period 3. (2) Any relevant noise reduction measures specified in Australian Standard 2436 are implemented. 6 Mobile vendoring The activity is conducted in accordance with Chapter 166 of the NSW Noise Control Manual. Table 2--continued Item Activity Conditions 7 Playing music for the purposes of a party being held on leased land or a street party (1) The activity is conducted during the period commencing at 6 pm on 31 December in any year and ending at 12:30 am on 1 January in the following year. (2) Any noise being emitted does not exceed 60 dB(A) at-- (a) if the party is on leased land--any point on the boundary of the leased land; or (b) if the party is a street party--any point on the boundary of any leased land. 8 Conducting tests, other than a test in relation to a prescribed activity, to determine whether noise levels are in compliance with the Act or these Regulations (1) The activity is conducted during Period 2, unless the Authority is satisfied that it is not practicable to conduct the test during that period because the level of ambient noise is likely to prevent effective testing. (2) Subject to clause (3), any noise exceeding a zone noise standard is emitted only for the minimum time necessary to complete the tests. (3) Any noise exceeding a zone noise standard is emitted for periods totalling not more than 2 hours in any 1 week period. 9 Warming up of motor vehicle engines (1) Any noise exceeding a zone noise standard is emitted only for-- (a) a period not exceeding 5 minutes; or (b) if a longer period is specified in the vehicle's operating manual--that longer period. (2) The vehicle complies with the Motor Traffic Act 1936. 10 Motorsport activities conducted at Fairbairn Park (1) The activity is conducted between 10 am and 5 pm. (2) Any noise being emitted does not exceed 50 dB(A) at latitude 35o 19' 59".57 S and longitude 149o 15' 02".07 E. 11 Emitting non-amplified noise from bells or other equipment for the purposes of religious services The activity is conducted during Period 1. Table 2--continued Item Activity Conditions 12 Emitting noise from portable loud speakers (1) The activity is conducted on public land during Period 2. (2) The activity is conducted in accordance with an approval. 13 Constructing or maintaining non-arterial roads The activity is conducted during Period 2. 14 Commercial collection of waste from commercial premises The activity is conducted in accordance with an accredited code of practice under Part V of the Act. Table 3Time Periods Column 1Period No. Column 2Monday to Saturday Column 3Sunday and Public Holidays 1 7 am to 10 pm 8 am to 10 pm 2 7 am to 8 pm 8 am to 8 pm 3 7 am to 6 pm No period specified 4 6 am to 8 pm 6 am to 8 pm ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - SCHEDULE 3 SCHEDULE 3 Regulation 35 POLLUTANTS ENTERING WATERWAYS Table 1Domestic Water Quality (DOM1/2/3) Group A(Inorganic chemicals) Aluminium Chloride Iron Nitrite Ammonia Chromium Lead Selenium Antimony Copper Manganese Silver Arsenic Cyanide Mercury Sodium Barium Fluoride Molybdenum Sulfate Boron Hydrogen sulfide Nickel Zinc Cadmium Iodide Nitrate Group B(Organic compounds) Acrylamide Benzene Carbon tetrachloride Chlorobenzene Dichlorobenzenes 1,2-dichlorobenzene 1,3-dichlorobenzene 1,4-dichlorobenzene Dichloroethanes 1,2-dichloroethane Dichloroethenes 1,1-dichloroethene 1,2-dichloroethene Dichloromethane (methylene chloride) Ethylbenzene Ethylenediamine tetracetic acid (EDTA) Group B--continued Hexachlorobutadiene Nitrilotriacetic acid Organotins tributyltin oxide Plasticisers di(2-ethylhexyl)phthalate polycyclic aromatic hydrocarbons (PAHs) styrene (vinylbenzene) tetrachloroethene toluene trichlorobenzenes (total) vinyl chloride xylene Group C(Disinfection by-products) Chloramine (see Mono-chloramine) Chlorine (free) Chlorine dioxide Chlorite Chloroacetic acids chloroacetic acid dichloroacetic acid trichloroacetic acid Chlorophenols 2-chlorophenol 2,4-dichlorophenol 2,4,6-dichlorophenol Cyanogen chloride (as cyanide) Formaldehyde Mono-chloramine Trichloroacetaldehyde (chloral hydrate) Trihalomethanes (THMs) (total) Group D(Pesticides) Acephate 2,4-D Fensulfothion Aldicarb DDT Fenvalerate Aldrin Diazinon Flamprop-methyl Ametryn Dicamba Fluometuron Amitrole Dichlobenil Formothion Asulam Diclofop-methyl Fosamine ammonium Atrazine Dicofol Glyphosphate Azinphos-methyl Dieldrin Heptachlor (including its epoxide) Benomyl Difenzoquat Hexaflurate Bentazone Dimethoate Hexazinone Bioresmethrin Diphenamid Lindane Bromacil Diquat Maldison Bromophos-ethyl Disulfoton Methidathion Bromoxynil Diuron Methiocarb Carbaryl DPA (2,2-DPA) Methomyl Carbendazim EDB Methoxychlor Carbofuran Endosulfan Metolachlor Carbophenthion Endothal Metribuzin Carboxin EPTC Metsulfuron-methyl Chlordane Ethion Mevinphos Chlorothalonil Ethoprophos Molinate Chloroxuron Etridiazole Monocrotophos Chlorphenvinphos Fenamiphos Napropamide Chlorpyrifos Fenarimol Nitralin Chlorsulfuron Fenchlorphos Norflurazon Cichlorvos Fenitrothion Oryzalin Clopyralid Fenoprop Oxamyl Group D--continued Paraquat Propachlor Terbufos Parathion Propanil Terbutryn Parathion methyl Propargite Tetrachlorvinphos Pebulate Propozine Thiobencarb Pendimethalin Propiconazole Thiometon Pentachlorophenol Propyzamide Thiophenate Permethrin Pyrazophos Thiram Picloram Quintozene Triadimefon Piperonyl butoxide Silvex (see Feneprop) Trichlorfon Pirimcarb Simazine Trichlorpyr Pirimiphos-ethyl Sulprofos Trifluralin Pirimiphos-methyl 2,4,5-T Vernolate Profenofos Temephos Promecarb Terbacil Table 2Primary and Secondary Contact Recreation(REC/1 & REC/2) Faecal coliforms Nitrogen Oil and grease Phosphorus Table 3Waterscape (VIEW) Nitrogen Oil and grease Phosphorus Table 4Agricultural Uses (STOCK) Group A(Inorganic chemicals) Aluminium Calcium Fluoride Nitrate-N Arsenic Chloride Iron Nitrite-N Barium Chromium Lead Selenium Beryllium Cobalt Mercury Sulfate Boron Copper Molybdenum Vanadium Cadmium Cyanide Nickel Zinc Group B(Organic compounds) Atrazine Glyphosate Metolachlor Simazine Table 5Agricultural Uses (IRRIG) Group A(Inorganic chemicals) Aluminium Chromium Manganese Vanadium Arsenic Copper Mercury Uranium Beryllium Fluoride Molybdenum Zinc Boron Iron Nickel Cadmium Lead Selenium Chloride Lithium Sodium Table 5--continued Group B(Organic compounds) Atrazine Chlordane Dieldrin Heptachlor Metolachlor Simazine Table 6Ecosystem Maintenance(AQUA/1 to AQUA/7) Group A(Inorganic chemicals) Aluminium Cadmium Iron Phosphorus Ammonia Chlorine Lead Selenium Antimony Chromium Mercury Silver Arsenic Copper Nickel Zinc Beryllium Cyanide Nitrite Group B(Organic chemicals: pesticides) Aldrin DDE Glyphosate Metribuzin Atrazine DDT Guthion Mirex Captan Demeton Heptachlor Parathion Chlordane Dieldrin Lindane Picrolam Chlorpyrifos Dinoseb Malathion Simazine Cyanazine Endosulfan Methoxychlor Toxaphene 2,4-D Endrin Metolachlor Table 6--continued Group C(Organic chemicals: non-pesticide anthropogenic organics) Acrolein Chlorinated benzenes monochlorobenzene 1,2-dichlorobenzene 1,3-dichlorobenzene 1,4-dichlorobenzene 1,2,3-trichlorobenzene 1,2,4-trichlorobenzene 1,3,5-trichlorobenzene 1,2,3,4-tetrachlorobenzene 1,2,3,5-tetrachlorobenzene 1,2,4,5-tetrachlorobenzene pentachlorobenzene hexachlorobenzene Chlorinated ethylenes tetrachloroethylene trichlorethylene Chlorinated phenols monochlorophenol dichlorophenol trichlorophenol tetrachlorophenol pentachlorophenol Halogenated aliphatic compounds hexachlorobutadiene Halogenated methanes carbon tetrachloride chloroform dichloromethane (methylene chloride) trihalomethanes Monocyclic aromatic hydrocarbons benzene ethylbenzene phenol toluene Group C--continued Oil and grease Phthallate esters Polychlorinated biphenyls Polycyclic aromatic hydrocarbons Group D(Organic chemicals: organometallics) Tributyltin Triphenyltin ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - SCHEDULE 4 SCHEDULE 4 Regulations 36 and 37 WATER QUALITY STANDARDS Table 1Domestic Water Quality(TAP) Group A(Microbiological quality) Indicator Standard value E. coli 0 cfu per 100 mL for 98% of samples Group B(Physical quality) Indicator Standard value Acidity (pH) 6.5-8.5 Colour (HU) 15 Dissolved oxygen > 85% Hardness 200 mg/L Taste and odour Acceptable to most people Total dissolved solids 500 mg/L Turbidity (NTU) 5 Group C(Inorganic chemicals) Indicator Standard value(mg/L) Indicator Standard value(mg/L) Aluminium (acid soluble) 0.2 Chloride 250 Ammonia (as NH4) 0.5 Chromium (as Cr(VI)) 0.05 Antimony 0.003 Copper 1 Arsenic 0.007 Cyanide 0.07 Barium 0.7 Fluoride 1.5 Boron 0.3 Hydrogen sulfide 0.05 Cadmium 0.002 Iodide 0.1 Group C--continued Indicator Standard value(mg/L) Indicator Standard value(mg/L) Iron 0.3 Nitrite (as nitrite) 3 Lead 0.01 Selenium 0.01 Manganese 0.1 Silver 0.02 Mercury 0.001 Sodium 180 Molybdenum 0.05 Sulfate 250 Nickel 0.02 Zinc 3 Nitrate (as nitrate) 50 Group D(Organic compounds) Indicator Standard value(mg/L) Acrylamide 0.0002 Benzene 0.001 Carbon tetrachloride 0.003 Chlorobenzene 0.01 Dichlorobenzenes 1,2-dichlorobenzene 1,3-dichlorobenzene 1,4-dichlorobenzene 0.0010.020.0003 Dichloroethanes 1,2-dichloroethane 0.003 Dichloroethenes 1,1-dichloroethene 1,2-dichloroethene 0.030.06 Dichloromethane (methylene chloride) 0.02 Ethylbenzene 0.003 Ethylenediamine tetracetic acid (EDTA) 0.25 Hexachlorobutadiene 0.0007 Group D--continued Indicator Standard value(mg/L) Nitrilotriacetic acid 0.2 Organotins tributyltin oxide 0.001 Plasticisers di(2-ethylhexyl)phthalate polycyclic aromatic hydrocarbons (PAHs) styrene (vinylbenzene) tetrachloroethene toluene trichlorobenzenes (total) vinyl chloride xylene 0.010.000010.0040.050.0250.0050.00030.02 Group E(Disinfection by-products) Indicator Standard value(mg/L) Chloramine (see Mono-chloramine) Chlorine (free) 0.6 Chlorine dioxide 0.4 Chlorite 0.3 Chloroacetic acids chloroacetic acid dichloroacetic acid trichloroacetic acid 10.050.1 Chlorophenols 2-chlorophenol 2,4-dichlorophenol 2,4,6-dichlorophenol 0.00010.00030.002 Cyanogen chloride (as cyanide) 0.07 Formaldehyde 0.5 Mono-chloramine 0.5 Group E--continued Trichloroacetaldehyde (chloral hydrate) 0.02 Trihalomethanes (THMs) (total) 0.25 Group F(Pesticides) Indicator Standard value(mg/L) Indicator Standard value(mg/L) Acephate 0.01 Chlorphenvinphos 0.005 Aldicarb 0.001 Chlorpyrifos 0.01 Aldrin 0.0003 Chlorsulfuron 0.1 Ametryn 0.05 Cichlorvos 0.001 Amitrole 0.01 Clopyralid 1 Asulam 0.05 2,4-D 0.03 Atrazine 0.02 DDT 0.02 Azinphos-methyl 0.003 Diazinon 0.003 Benomyl 0.1 Dicamba 0.1 Bentazone 0.03 Dichlobenil 0.01 Bioresmethrin 0.1 Diclofop-methyl 0.005 Bromacil 0.3 Dicofol 0.003 Bromophos-ethyl 0.01 Dieldrin 0.0003 Bromoxynil 0.03 Difenzoquat 0.1 Carbaryl 0.03 Dimethoate 0.05 Carbendazim 0.1 Diphenamid 0.3 Carbofuran 0.01 Diquat 0.005 Carbophenthion 0.0005 Disulfoton 0.003 Carboxin 0.3 Diuron 0.03 Chlordane 0.001 DPA (2,2-DPA) 0.5 Chlorothalonil 0.03 EDB 0.001 Chloroxuron 0.01 Endosulfan 0.03 Group F--continued Indicator Standard value(mg/L) Indicator Standard value(mg/L) Endothal 0.1 Metolachlor 0.3 EPTC 0.03 Metribuzin 0.05 Ethion 0.003 Metsulfuron-methyl 0.03 Ethoprophos 0.001 Mevinphos 0.005 Etridiazole 0.1 Molinate 0.005 Fenamiphos 0.0003 Monocrotophos 0.001 Fenarimol 0.03 Napropamide 1 Fenchlorphos 0.03 Nitralin 0.5 Fenitrothion 0.01 Norflurazon 0.05 Fenoprop 0.01 Oryzalin 0.3 Fensulfothion 0.01 Oxamyl 0.1 Fenvalerate 0.05 Paraquat 0.03 Flamprop-methyl 0.003 Parathion 0.01 Fluometuron 0.05 Parathion methyl 0.1 Formothion 0.05 Pebulate 0.03 Fosamine ammonium 0.03 Pendimethalin 0.3 Glyphosphate 1 Pentachlorophenol 0.01 Heptachlor(including its epoxide) 0.0003 Permethrin 0.1 Hexaflurate 0.03 Picloram 0.3 Hexazinone 0.3 Piperonyl butoxide 0.1 Lindane 0.02 Pirimcarb 0.005 Maldison 0.05 Pirimiphos-ethyl 0.0005 Methidathion 0.03 Pirimiphos-methyl 0.05 Methiocarb 0.005 Profenofos 0.0003 Methomyl 0.03 Promecarb 0.03 Methoxychlor 0.3 Propachlor 0.05 Group F--continued Indicator Standard value(mg/L) Indicator Standard value(mg/L) Propanil 0.5 Terbufos 0.0005 Propargite 0.05 Terbutryn 0.3 Propiconazole 0.1 Tetrachlorvinphos 0.1 Propozine 0.05 Thiobencarb 0.03 Propyzamide 0.3 Thiometon 0.003 Pyrazophos 0.03 Thiophenate 0.005 Quintozene 0.03 Thiram 0.003 Silvex (see Feneprop) Triadimefon 0.1 Simazine 0.02 Trichlorfon 0.005 Sulprofos 0.01 Trichlorpyr 0.01 2,4,5-T 0.1 Trifluralin 0.05 Temephos 0.3 Vernolate 0.03 Terbacil 0.03 Table 2Domestic Water Quality(DOM1/2/3) Unless otherwise provided by this table, the ambient environmental standards in relation to water quality for a waterway to which this table applies are the same as the standards specified in Table 1. Indicator Standard value DOM1 DOM2 DOM3 Dissolved oxygen 6 mg/L or 75% saturation, whichever is highest 6 mg/L or 75% saturation, whichever is highest 5 mg/L or 60% saturation, whichever is highest E. coli 10 cfu per 100 mL for 98% of samples 100 cfu per 100 mL for 98% of samples 100 cfu per 100 mL for 98% of samples Turbidity (NTU) 5 250 10,000 Table 3Primary Contact Recreation(REC/1) Group A(Microbiological quality) Indicator Standard value Cyanobacteria 5,000 cells per mL(absence of scums) Faecal coliforms 150 cfu per 100 mL(see note 1) Pathogenic free-living protozoans 0 organisms per 100 mL Note 1: The median value must not exceed 150 colony forming units (cfu) per 100 mL for a minimum of 5 samples taken at regular intervals not exceeding 1 month, with 4 out of 5 samples containing less than 600 cfu per 100 mL. Group B(Physical and chemical quality) Indicator Standard value Acidity (pH) 6.5-8.5 Floating debris (scum) none visible Nitrogen to phosphorus ratio > 12 Phosphorus (total) (ug/L) 100 Temperature ( degrees C) 15-35 Group C(Aesthetic quality) Indicator Standard value Chlorophyll a 10 ug/L Clarity Secchi depth 1.2 m Colour not objectionable Odour not objectionable Oil and grease not visible Table 3--continued Group D(Nuisance) Indicator Standard value Aquatic macrophytes (floating) not objectionable Aquatic macrophytes (rooted) not objectionable Flow rates < 1.5 m/s Table 4Secondary Contact Recreation(REC/2) Unless otherwise provided by this table, the ambient environmental standards in relation to water quality for a waterway to which this table applies are the same as the standards specified in Table 3. Group A(Microbiological quality) Indicator Standard value Faecal coliforms 1,000 cfu per 100 mL(see note 1) Note 1: The median value must not exceed 1,000 colony forming units (cfu) per 100 mL for a minimum of 5 samples taken at regular intervals not exceeding 1 month, with 4 out of 5 samples containing less than 4,000 cfu per 100 mL. Group B(Aesthetic quality) Indicator Standard value Floating debris none Table 5Waterscape (VIEW) Indicator Standard value Algal growth not objectionable Aquatic macrophytes (floating) not objectionable Aquatic macrophytes (rooted) not objectionable Chlorophyll a 10 ug/L Colour not objectionable Cyanobacteria 5,000 cells per mL(absence of scums) Floating debris and scum none Nitrogen to phosphorus ratio > 12 Oil and grease not visible Phosphorus (total) (ug/L) 100 Table 6Agricultural Uses (STOCK) Group A(Microbiological quality) Indicator Standard value Algae Up to 10,000 cells per mL Faecal coliforms 1,000 per 100 mL(see note 1) Note 1: The geometric (log) mean must not exceed 1,000 colony forming units (cfu) per 100 mL for a minimum of 5 samples taken within 1 month, with no more than 20% of such samples containing more than 5,000 cfu per 100 mL. Group B(Physical and chemical quality) Indicator Standard value (mg/L) Indicator Standard value (mg/L) Acidity (pH) 6.5-9.2 Fluoride 2 Aluminium 5 Iron 50 Arsenic 0.2 Lead 0.1 Barium 5 Mercury 0.002 Beryllium 0.1 Molybdenum 0.01 Boron 5 Nickel 1 Cadmium 0.01 Nitrate-N 30 Calcium 1,000 Nitrite-N 10 Chloride 2,400 Selenium 0.02 Chromium 1 Sulfate 1,000 Cobalt 1 Total dissolved solids 3,000 Copper 0.5 Vanadium 0.1 Dissolved oxygen 5 mg/L or 60 % saturation Zinc 20 Group C(Organic quality) Indicator Standard value (mg/L) Atrazine 0.02 Chlorophyll a 0.01 Glyphosate 2 Metolachlor 0.5 Simazine 0.02 Table 7Agricultural Uses (IRRIG) Group A(Microbiological quality) Indicator Standard value Faecal coliforms 1,000 per 100 mL(see note 1) Note 1: The geometric (log) mean must not exceed 1,000 colony forming units (cfu) per 100 mL for a minimum of 5 samples taken within 1 month, with no more than 20% of such samples containing more than 4,000 cfu per 100 mL. Group B(Physical and chemical quality) Indicator Standard value (mg/L) Indicator Standard value (mg/L) Acidity (pH) 4.5-9.0 Lithium 2.5 Aluminium 5 Manganese 0.2 Arsenic 0.1 Mercury 0.002 Beryllium 0.1 Molybdenum 0.01 Boron 6.0 Nickel 0.2 Cadmium 0.01 Selenium 0.02 Chloride 700 Sodium 115-460 Chromium 0.1 Sodium absorption ratio < 10(see note 1) Copper 1.0 Total dissolved solids 500 Fluoride 1.0 Vanadium 0.1 Iron 1.0 Uranium 0.01 Lead 0.2 Zinc (soil pH < 6.5)Zinc (soil pH > 6.5) 15 Note 1: The sodium absorption ratio (SAR) is SAR=Na+[(Ca2++Mg2+)/2], where concentrations of Na+, Ca2+ and Mg2+ are expressed in milli equivalents per litre. Table 7--continued Group C(Organic quality) Indicator Standard value (ug/L) Atrazine 0.02 Chlordane 2 Dieldrin 0.5 Heptachlor 2 Metolachlor 0.5 Simazine 0.02 Table 8Ecosystem Maintenance (AQUA/1) Group A(Physical quality) Indicator Standard value Acidity (pH) 6.5-9(see note 1) Colour (see note 2) Suspended solids (mg/L) 12.5 Turbidity (NTU) < 10 Note 1: Changes must not be greater than 2 standard deviations outside the long-term mean value for the month in question, and total alkalinity must not drop below 25% of the long-term mean. Note 2: The combined effects of turbidity and colour must not reduce the depth of the compensation point for photosynthesis by more than 10% of the long-term mean levels for the month in question. Group B(Biological quality) Indicator Standard value Chlorophyll a 10 ug/L Cyanobacteria (floating) 5,000 cells per mL(absence of scums) Table 8--continued Group C(Inorganic chemicals) Indicator Standard value(ug/L) Indicator Standard value(ug/L) Aluminium (pH < 6.5)Aluminium (pH > 6.5) 5100 Iron 300 Ammonia See table 10 Lead 1 Antimony 30 Mercury 0.1 Arsenic 50 Nitrogen to phosphorus ratio > 12 Beryllium 4 Nickel 25 Cadmium 0.2 Nitrite 60 Chlorine 2 Phosphorus (total) 40 Chromium 2 Selenium 1 Copper 2 Silver 0.1 Cyanide 5 Total dissolved solids (see note 1) Dissolved oxygen > 6,000 Zinc 5 Note 1: Total dissolved solids must not vary more than 2 standard deviations from the long-term mean. Group D(Organic chemicals: pesticides) Indicator Standard value(ng/L) Indicator Standard value(ng/L) Aldrin 10 DDE 14 Atrazine 2,000 DDT 1 Captan 2,800 Demeton 100 Chlordane 4 Dieldrin 2 Chlorpyrifos 1 Dinoseb 50 Cyanazine 2,000 Endosulfan 10 2,4-D 4,000 Endrin 2.3 Group D--continued Indicator Standard value(ng/L) Indicator Standard value(ng/L) Glyphosate 65,000 Metribuzin 1,000 Guthion 10 Mirex 1 Heptachlor 3 Parathion 4 Lindane 3 Picrolam 29,000 Malathion 70 Simazine 10,000 Methoxychlor 40 Toxaphene 8 Metolachlor 8,000 Group E(Organic chemicals: non-pesticide anthropogenic organics) Indicator Standard value(ng/L) Acrolein 200 Chlorinated benzenes monochlorobenzene 1,2-dichlorobenzene 1,3-dichlorobenzene 1,4-dichlorobenzene 1,2,3,4-tetrachlorobenzene 1,2,3,5-tetrachlorobenzene 1,2,4,5-tetrachlorobenzene 1,2,3-trichlorobenzene 1,2,4-trichlorobenzene 1,3,5-trichlorobenzene pentachlorobenzene hexachlorobenzene 15,0002,5002,5004,000100100150900500700307 Chlorinated ethylenes tetrachloroethylene trichlorethylene 260,00020 Group E--continued Indicator Standard value(ng/L) Chlorinated phenols monochlorophenol dichlorophenol tetrachlorophenol trichlorophenol pentachlorophenol 7,0002001,00018,00050 Halogenated aliphatic compounds hexachlorobutadiene 100 Halogenated methanes carbon tetrachloride chloroform dichloromethane (methylene chloride) trihalomethanes 13,0002,00098,00050,000 Monocyclic aromatic hydrocarbons benzene ethylbenzene phenol toluene 300,000140,0001,000300,000 Oil and grease not visible Phthallate esters di-n-butylphthallate (DBP) di-(2-ethylhexyl)phthallate (DEHP) Other phthallate esters (not including DBP and DEHP) 4,000600200 Polychlorinated biphenyls 1 Polycyclic aromatic hydrocarbons 3,000 Group F(Organic chemicals: organometallics) Indicator Standard value(ng/L) Tributyltin 8 Triphenyltin 20 Table 9Ecosystem Maintenance (AQUA/2 to AQUA/7) Unless otherwise provided by this table, the ambient environmental standards in relation to water quality for a waterway to which this table applies are the same as the standards specified in Table 8. Indicator Standard value AQUA/2Rural streams and rivers AQUA/3Urban lakes and ponds AQUA/4Urban drains and streams AQUA/5Urban wetlands AQUA/6Forested mountain reservoirs AQUA/7Rural reservoirs Acidity (pH) 6.5-9 6-9 6-9 6-9 6.5-9 6-9 Chlorophyll (ug/L) No standard < 10 No standard < 10 < 2 < 5 Dissolved oxygen (mg/L) > 4 > 4 > 6 > 4 > 6 > 4 Phosphorus (total) (ug/L) 100 100 100 100 40 100 Suspended solids (mg/L) 25 25 25 25 12.5 25 Turbidity (NTU) < 10 < 30 < 10 < 30 < 10 < 30 Table 10Standard values for total ammonia related to ambient temperature and water acidity (table 8 refers) Temperature( degrees C) 0 5 10 15 20 25 30 Acidity(pH units) Ammonia concentrations (mg/L) 6.50 2.5 2.4 2.2 2.2 1.49 1.04 0.73 6.75 2.5 2.4 2.2 2.2 1.49 1.04 0.73 7.00 2.5 2.4 2.2 2.2 1.49 1.04 0.74 7.25 2.5 2.4 2.2 2.2 1.5 1.04 0.74 7.50 2.5 2.4 2.2 2.2 1.5 1.05 0.74 7.75 2.3 2.2 2.1 2.0 1.4 0.99 0.71 Table 10--continued Temperature( degrees C) 0 5 10 15 20 25 30 Acidity(pH units) Ammonia concentrations (mg/L) 8.00 1.53 1.44 1.37 1.33 0.93 0.66 0.47 8.25 0.87 0.82 0.78 0.76 0.54 0.39 0.28 8.50 0.49 0.47 0.45 0.44 0.32 0.23 0.17 8.75 0.28 0.27 0.26 0.27 0.19 0.16 0.11 9.00 0.16 0.16 0.16 0.16 0.13 0.10 0.08 Note: Available un-ionised or uncomplexed ammonia present is toxic to a wide range of aquatic organisms and varies with acidity (pH) and water temperature. Standard values for maximum total ammonia are detailed in the table. Levels for discharge of wastewaters containing ammonia must be based on the highest pH and highest ambient temperatures likely to be encountered throughout the year. Seasonal or other factors may be taken into account. Table 11Secondary Water Quality Standards For Ecosystem Maintenace (AQUA/1 to AQUA/7) Group A(Physical quality) Indicator Standard value Temperature ( degrees C) Temperature changes must not be more than 2 standard deviations from the long-term mean temperature for the relevant month Group B(Loading criteria) Indicator Standard value Sediment load (kg/y/river reach) Murrumbidgee R., from Angle Crossing to Gudgenby R. junction 88,000 Murrumbidgee R., from Gudgenby junction to Point Hut Ck junction 166,000 Group B--continued Murrumbidgee R., from Point Hut junction to Kambah Pool 133,000 Murrumbidgee R., from Kambah Pool to Casuarina Sands 57,000 Murrumbidgee R., from Casuarina Sands to Uriarra Crossing 101,000 Murrumbidgee R., from Uriarra Crossing to Cusacks Crossing 66,000 Murrumbidgee R., from Cusacks Crossing to Halls Crossing 124,000 Murrumbidgee R., from Halls Crossing to Taemas Bridge 228,000 Molonglo R., from Burbong to Oaks Estate Bridge 39,000 Molonglo R., from Oaks Estate Bridge to Dairy Flat Bridge 19,000 Molonglo R., from Scrivener Dam to Coppins Crossing 20,000 Molonglo R., from Coppins Crossing to Sturt Island 25,000 Paddy's R., from Flints Crossing to confluence with Cotter R. 4,800 Ginninderra Ck., from Ginninderra Dam to Murrumbidgee R. 9,800 Phosphorus (total) (kg/y) Lake Burley Griffin 8,600 Lake Ginninderra 300 Lake Tuggeranong 600 Murrumbidgee R. at ACT border (proxy for Murrumbidgee Arm of Lake Burrinjuck) 83,200 Group B--continued Biochemical oxygen demand (kg/y) Lake Burley Griffin 51,200 Lake Ginninderra 8,400 Lake Tuggeranong 5,600 Murrumbidgee R. at ACT border (proxy for Murrumbidgee Arm of Lake Burrinjuck) 110,600 Group C(Biological standards) Water quality at a site will be considered to be impaired if species richness is more than 20% lower than at an appropriate reference site. Water quality at a site will be considered to be impaired if there is a significant difference in ecosystem community structure from that at an appropriate reference site, as judged by Hocutt's procedure or another appropriate statistical technique. Group D(Sediment contaminants) Indicator Standard value Pesticides Sediment total pesticide concentrations must not be more than 2 standard deviations higher than the long term mean. Heavy metals (Cd, Cu, Pb, As, Ni, Hg, Se and Zn) Sediment heavy metal concentrations must not be more than 2 standard deviations higher than the long term mean. Polycyclic aromatic hydrocarbons (PAHs) Sediment PAH concentrations must not be more than 2 standard deviations higher than the long term mean. ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - SCHEDULE 5 SCHEDULE 5 Regulation 38 MINOR ENVIRONMENTAL OFFENCES FURTHER OFFENCESMAXIMUM PENALTIES AND ON-THE-SPOT FINES Interpretation In this Schedule-- "stormwater" means water run-off from an urban area that is normally collected by the stormwater system;"stormwater system" means a system of pipes, gutters, drains, floodways and channels, being public works constructed to collect or transport stormwater in or through an urban area. Column 1 Column 2 Column 3 Column 4 Item Offence Maximum Penalty On-The-Spot Fine Penalty units $ Stormwater protection 1 A person shall not cause the discharge of stormwater from a sediment retention dam, footings or other stormwater retention area to receiving waters if the suspended solids concentration in that stormwater exceeds 60 mg/litre. 10 250 2 The lessee of leased land or the owner of unleased land shall cause the surface of any vehicle entrance or exit to or from the land to be kept in a stable condition by the application of concrete, gravel or other solid material to the surface of that entrance or exit. 10 175 3 A person who has substantial control over building work shall cause the footpaths, gutters and roadways adjacent to the building site to be kept clear of soil, sand, building materials and waste. 10 100 4 A person shall not place soil, sand, building materials or waste from a building site in the stormwater system or waterway. 10 100 5 A person shall not cause run-off from the washing of a vehicle, equipment or other thing to enter the stormwater system, if the washing of the vehicle, equipment or other thing is in the course of, or incidental to, the carrying on of a commercial activity. 10 100 6 A person shall not cause run-off from the washing of a vehicle, equipment or other thing on premises at which the vehicle, equipment or other thing is ordinarily kept to enter the stormwater system, if the washing is not in the course of, or incidental to, the carrying on of a commercial activity and there is, on those premises-- (a) access to a grassed or gravelled area on which to wash the vehicle, equipment or other thing from which the run-off does not flow directly into the stormwater system; or (b) an area identified as one in which a vehicle, equipment or other thing may be washed. 10 100 7 A person shall not cause any of the following substances to enter the stormwater system: (a) paint; (b) automotive fuels, oils or greases; (c) cooking fats or oils; (d) degreasers; (e) detergents; (f) animal wastes; (g) food wastes; (h) other waste. 10 175 8 A person shall not leave unattended any of the following substances within 10 metres of a drain or other point of entry of the stormwater system, if the substance is exposed to rain or run-off, unless the substance is contained in a watertight container: (a) paint; (b) automotive fuels, oils or greases; (c) cooking fats or oils; (d) degreasers; (e) detergents; (f) animal wastes; (g) food wastes; (h) other waste. 10 100 Hazardous materials 9 A person shall not store or use a registered or permitted agvet chemical product other than in a manner authorised by the NRA. 10 100 Noise 10 A person shall not cause to be emitted from a parcel of land in a noise zone noise at a level that exceeds that permitted under the Act. 10 100 ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - NOTES NOTES Notification 1. Notified in the ACT Gazette on 2 December 1997. Penalty units See section 33AA of the Interpretation Act 1967 and section 9 of the Subordinate Laws Act 1989. (c) Australian Capital Territory 2003 ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997) - NOTES Australian Capital Territory TABLE OF PROVISIONS Regulation Australian Capital Territory Environment Protection Regulations Subordinate Law No. 36 of 19971 The Australian Capital Territory Executive, in accordance with section 5 of the Subordinate Laws Act 1989, makes the following Regulations under the Environment Protection Act 1997. Dated 2 December 1997. GARY HUMPHRIESMinister KATE CARNELLMinister