Australian Capital Territory Numbered Regulations

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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 .


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