Australian Capital Territory Numbered Regulations

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