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Protection of the Environment
egislation Amendment Bill 2011 No , 2011 A Bill for An Act to amend environment protection legislation to create the office of Chairperson of the Environment Protection Authority and to make further provision with respect to the notification and management of pollution incidents; and for other purposes. Clause 1 Protection of the Environment Legislation Amendment Bill 2011 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Protection of the Environment Legislation Amendment 3 Act 2011. 4 2 Commencement 5 This Act commences on a day or days to be appointed by proclamation. 6 Page 2 Protection of the Environment Legislation Amendment Bill 2011 Amendment of Protection of the Environment Administration Act 1991 No 60 Schedule 1 Schedule 1 Amendment of Protection of the 1 Environment Administration Act 1991 2 No 60 3 [1] Section 3 Definitions 4 Insert in alphabetical order in section 3 (1): 5 Chairperson means the Chairperson of the Authority appointed 6 under section 18. 7 [2] Section 3 (1), definition of "Director-General" 8 Omit the definition. 9 [3] Sections 14, 19 (Chairperson to manage and control affairs of Authority), 10 21 (1A), (2) (b) and (3) (d), 24 (1) (a), 35 (1) and 36 and clause 1 (definition 11 of "appointed member") of Schedule 1 12 Omit "Director-General" wherever occurring. Insert instead "Chairperson". 13 [4] Section 15 Establishment of Board 14 Omit section 15 (2) and (3). Insert instead: 15 (2) The Board is to consist of 5 members, being: 16 (a) the Chairperson, and 17 (b) 4 part-time members appointed by the Governor on the 18 recommendation of the Minister. 19 (3) Of the part-time members: 20 (a) 1 is to have expertise in the area of environmental science, 21 and 22 (b) 1 is to have expertise in environmental law, and 23 (c) 1 is to have expertise in corporate, financial and risk 24 planning and management, and 25 (d) 1 is to have expertise in business. 26 [5] Section 16 Functions of Board 27 Insert after section 16 (a): 28 (b) to oversee the effective, efficient and economical 29 management of the Authority, 30 Page 3 Protection of the Environment Legislation Amendment Bill 2011 Schedule 1 Amendment of Protection of the Environment Administration Act 1991 No 60 [6] Section 16 (2) and (3) 1 Insert at the end of section 16: 2 (2) The Board is, on an annual basis, to provide the Minister with a 3 statement that contains or addresses the following matters: 4 (a) an assessment of the success of the Authority in reducing 5 risks to human health and in preventing the degradation of 6 the environment and whether the level of environmental 7 protection achieved by the Authority is satisfactory in 8 comparison with other Australian jurisdictions, 9 (b) an assessment of the performance by those industries 10 regulated by the Authority in reducing risks to human 11 health and in preventing the degradation of the 12 environment, and the impact that those industries have on 13 the environment, 14 (c) such other matters as may be prescribed by the regulations. 15 (3) The Minister must table a copy of the statement under this section 16 in both Houses of Parliament as soon as practicable after the 17 Minister receives it. 18 [7] Part 5, Division 3, heading 19 Omit "Director-General". Insert instead "Chairperson". 20 [8] Sections 18 and 18A 21 Insert before section 19: 22 18 Chairperson of the Authority 23 (1) The Governor may appoint a Chairperson of the Authority. 24 (2) The Chairperson may be appointed on a full-time or part-time 25 basis. 26 (3) The Chairperson has the functions conferred or imposed on the 27 Chairperson by or under this or any other Act. 28 (4) The employment of the Chairperson is subject to Part 3.1 of the 29 Public Sector Employment and Management Act 2002, but is not 30 subject to Chapter 1A of that Act. 31 Page 4 Protection of the Environment Legislation Amendment Bill 2011 Amendment of Protection of the Environment Administration Act 1991 No 60 Schedule 1 18A Acting Chairperson 1 (1) The Minister may, from time to time, appoint a person to act in 2 the office of the Chairperson during the illness or absence of the 3 Chairperson or during a vacancy in the office of the Chairperson. 4 The person, while so acting, has all the functions of the 5 Chairperson and is taken to be the Chairperson (including as a 6 member of the Board). 7 (2) The Minister may, at any time, remove a person from the office 8 to which the person was appointed under this section. 9 (3) A person while acting under this section is entitled to be paid 10 such remuneration (including travelling and subsistence 11 allowances) as the Minister may from time to time determine. 12 [9] Schedule 1 Provisions relating to members and procedure of the Board 13 Omit clauses 2 and 3 (3). 14 [10] Schedule 1, clause 11 15 Omit "6 members". 16 Insert instead "3 members (one of whom must be the Chairperson)". 17 [11] Schedule 1, clause 12 18 Omit the clause. Insert instead: 19 12 Presiding member 20 (1) The Chairperson is to preside at a meeting of the Board. 21 (2) The presiding member is to have a deliberative vote and, in the 22 event of an equality of votes, a second or casting vote. 23 [12] Schedule 4 Savings, transitional and other provisions 24 Insert at the end of clause 1 (1): 25 Protection of the Environment Legislation Amendment Act 2011 26 Page 5 Protection of the Environment Legislation Amendment Bill 2011 Schedule 1 Amendment of Protection of the Environment Administration Act 1991 No 60 [13] Schedule 4, Part 4 1 Insert after Part 3: 2 Part 4 Provision consequent on enactment of 3 Protection of the Environment Legislation 4 Amendment Act 2011 5 9 Existing Board members 6 A person who, immediately before the commencement of 7 Schedule 1 [4] to the Protection of the Environment Legislation 8 Amendment Act 2011, held office as a member of the Board: 9 (a) ceases to hold that office, and 10 (b) is not entitled to any remuneration or compensation 11 because of the loss of that office. 12 Page 6 Protection of the Environment Legislation Amendment Bill 2011 Amendment of Protection of the Environment Operations Act 1997 No 156 Schedule 2 Schedule 2 Amendment of Protection of the 1 Environment Operations Act 1997 2 No 156 3 [1] Section 66 Conditions requiring monitoring, certification or provision of 4 information, and related offences 5 Insert after section 66 (5): 6 (6) Publication of results of monitoring 7 The holder of a licence subject to a condition referred to in 8 subsection (1) (a) must, within 14 days of obtaining monitoring 9 data as referred to in that subsection: 10 (a) if the holder maintains a website that relates to the business 11 or activity the subject of the licence--make any of the 12 monitoring data that relates to pollution, and the licensee's 13 name, publicly and prominently available on that website 14 in accordance with any requirements issued in writing by 15 the EPA, or 16 (b) if the holder does not maintain such a website--provide a 17 copy of any of the monitoring data that relates to pollution, 18 to any person who requests a copy of the data, at no charge 19 and in accordance with any requirements issued in writing 20 by the EPA. 21 Maximum penalty: 22 (a) in the case of a corporation--$4,400, or 23 (b) in the case of an individual--$2,200. 24 (7) False or misleading publication of results 25 A person who makes available or provides monitoring data in 26 accordance with subsection (6) is guilty of an offence if the 27 monitoring data is false or misleading in a material respect. 28 Maximum penalty: 29 (a) in the case of a corporation--$4,400, or 30 (b) in the case of an individual--$2,200. 31 [2] Section 148 Pollution incidents causing or threatening material harm to 32 be notified 33 Omit "as soon as practicable" wherever occurring in section 148 (2)(5). 34 Insert instead "immediately". 35 Page 7 Protection of the Environment Legislation Amendment Bill 2011 Schedule 2 Amendment of Protection of the Environment Operations Act 1997 No 156 [3] Section 148 (2)(4) 1 Omit "the appropriate regulatory authority" wherever occurring. 2 Insert instead "each relevant authority". 3 [4] Section 148 (8) 4 Insert after section 148 (7): 5 (8) Meaning of "relevant authority" 6 In this section: 7 relevant authority means any of the following: 8 (a) the appropriate regulatory authority, 9 (b) if the EPA is not the appropriate regulatory authority--the 10 EPA, 11 (c) if the EPA is the appropriate regulatory authority--the 12 local authority for the area in which the pollution incident 13 occurs, 14 (d) the Ministry of Health, 15 (e) the WorkCover Authority, 16 (f) Fire and Rescue NSW. 17 [5] Sections 149 (1) and (2) (b), 150 and 151 18 Omit "this Part" wherever occurring. Insert instead "section 148". 19 [6] Section 150 Relevant information to be given 20 Insert ", if known" after "involved" in section 150 (c). 21 [7] Section 150 (e) 22 Insert ", if known" after "threatened pollution". 23 [8] Section 150 (2) and (3) 24 Insert at the end of section 150: 25 (2) The information required by this section is the information 26 known to the person notifying the incident when the notification 27 is required to be given. 28 (3) If the information required to be included in a notice of a 29 pollution incident by subsection (1) (c), (d) or (e) is not known to 30 that person when the initial notification is made but becomes 31 known afterwards, that information must be notified in 32 Page 8 Protection of the Environment Legislation Amendment Bill 2011 Amendment of Protection of the Environment Operations Act 1997 No 156 Schedule 2 accordance with section 148 immediately after it becomes 1 known. 2 [9] Section 151 Incidents not required to be reported 3 Omit "of the person" from section 151 (1). Insert instead "of each person". 4 [10] Section 151A 5 Insert after section 151: 6 151A EPA may require other notification of pollution incidents 7 (1) This section applies to the occupier of premises where a pollution 8 incident has occurred in the course of an activity so that material 9 harm to the environment is caused or threatened. 10 (2) The EPA may direct a person to whom this section applies to 11 notify such other persons of the incident as the EPA requires. 12 (3) The direction is not required to be given in writing. 13 (4) The direction may specify the manner or form of notifying the 14 pollution incident and the information that must be provided. 15 (5) The direction may require that an initial verbal notification be 16 followed by written notification. 17 (6) A person must not fail to comply with a direction given under this 18 section. 19 (7) This section does not extend to a pollution incident involving 20 only the emission of an odour. 21 (8) If a direction under this section is given to a person who is 22 carrying out an activity, is engaged as an employee in carrying 23 out an activity, or is the employer of such a person, the 24 obligations under this section are in addition to, and not in 25 derogation of, the obligations under section 148 (except as 26 provided by section 151 (1)). 27 [11] Section 152 Offence 28 Omit the penalty clause. Insert instead: 29 Maximum penalty: 30 (a) in the case of a corporation--$2,000,000 and, in the case 31 of a continuing offence, a further penalty of $240,000 for 32 each day the offence continues, or 33 (b) in the case of an individual--$500,000 and, in the case of 34 a continuing offence, a further penalty of $120,000 for 35 each day the offence continues. 36 Page 9 Protection of the Environment Legislation Amendment Bill 2011 Schedule 2 Amendment of Protection of the Environment Operations Act 1997 No 156 [12] Part 5.7A 1 Insert after Part 5.7: 2 Part 5.7A Duty to prepare and implement 3 pollution incident response 4 management plans 5 153A Duty of licence holder to prepare pollution incident response 6 management plan 7 The holder of an environment protection licence must prepare a 8 pollution incident response management plan that complies with 9 this Part in relation to the activity to which the licence relates. 10 Maximum penalty: 11 (a) in the case of a corporation--$1,000,000 and, in the case 12 of a continuing offence, a further penalty of $120,000 for 13 each day the offence continues, or 14 (b) in the case of an individual--$250,000 and, in the case of 15 a continuing offence, a further penalty of $60,000 for each 16 day the offence continues. 17 153B EPA may direct other persons to prepare pollution incident 18 response management plan 19 (1) The EPA may, in accordance with the regulations, require the 20 occupier of premises at which industry is carried out to prepare a 21 pollution incident response management plan that complies with 22 this Part in relation to activities at the premises. 23 (2) A person must not fail to comply with such a requirement. 24 Maximum penalty: 25 (a) in the case of a corporation--$1,000,000 and, in the case 26 of a continuing offence, a further penalty of $120,000 for 27 each day the offence continues, or 28 (b) in the case of an individual--$250,000 and, in the case of 29 a continuing offence, a further penalty of $60,000 for each 30 day the offence continues. 31 (3) The regulations may make provision for or with respect to: 32 (a) the class or classes of premises, or industries carried out at 33 premises, that may be the subject of a requirement to 34 prepare a pollution incident response management plan, 35 and 36 Page 10 Protection of the Environment Legislation Amendment Bill 2011 Amendment of Protection of the Environment Operations Act 1997 No 156 Schedule 2 (b) the circumstances in which some or all premises within 1 those classes may be the subject of a requirement to 2 prepare a pollution incident response management plan. 3 153C Information to be included in plan 4 A pollution incident response management plan must be in the 5 form required by the regulations and must include the following: 6 (a) the procedures to be followed by the holder of the relevant 7 environment protection licence, or the occupier of the 8 relevant premises, in notifying a pollution incident to: 9 (i) the owners or occupiers of premises in the vicinity 10 of the premises to which the environment protection 11 licence or the direction under section 153B relates, 12 and 13 (ii) the local authority for the area in which the premises 14 to which the environment protection licence or the 15 direction under section 153B relates are located and 16 any area affected, or potentially affected, by the 17 pollution, and 18 (iii) any persons or authorities required to be notified by 19 Part 5.7, 20 (b) a detailed description of the action to be taken, 21 immediately after a pollution incident, by the holder of the 22 relevant environment protection licence, or the occupier of 23 the relevant premises, to reduce or control any pollution, 24 (c) the procedures to be followed for co-ordinating, with the 25 authorities or persons that have been notified, any action 26 taken in combating the pollution caused by the incident 27 and, in particular, the persons through whom all 28 communications are to be made, 29 (d) any other matter required by the regulations. 30 153D Keeping of plan 31 A person who is required to prepare a pollution incident response 32 management plan under this Part must ensure that it is kept at the 33 premises to which the relevant environment protection licence 34 relates, or where the relevant activity takes place, and is made 35 available in accordance with the regulations. 36 Maximum penalty: 37 (a) in the case of a corporation--$1,000,000 and, in the case 38 of a continuing offence, a further penalty of $120,000 for 39 each day the offence continues, or 40 Page 11 Protection of the Environment Legislation Amendment Bill 2011 Schedule 2 Amendment of Protection of the Environment Operations Act 1997 No 156 (b) in the case of an individual--$250,000 and, in the case of 1 a continuing offence, a further penalty of $60,000 for each 2 day the offence continues. 3 153E Testing of plan 4 A person who is required to prepare a pollution incident response 5 management plan under this Part must ensure that it is tested in 6 accordance with the regulations. 7 Maximum penalty: 8 (a) in the case of a corporation--$1,000,000 and, in the case 9 of a continuing offence, a further penalty of $120,000 for 10 each day the offence continues, or 11 (b) in the case of an individual--$250,000 and, in the case of 12 a continuing offence, a further penalty of $60,000 for each 13 day the offence continues. 14 153F Implementation of plan 15 If a pollution incident occurs in the course of an activity so that 16 material harm to the environment (within the meaning of section 17 147) is caused or threatened, the person carrying on the activity 18 must immediately implement any pollution incident response 19 management plan in relation to the activity required by this Part. 20 Maximum penalty: 21 (a) in the case of a corporation--$2,000,000 and, in the case 22 of a continuing offence, a further penalty of $240,000 for 23 each day the offence continues, or 24 (b) in the case of an individual--$500,000 and, in the case of 25 a continuing offence, a further penalty of $120,000 for 26 each day the offence continues. 27 [13] Section 175 28 Omit the section. Insert instead: 29 175 Circumstances in which mandatory environmental audit can be 30 imposed 31 Conditions requiring the undertaking of a mandatory 32 environmental audit may only be imposed if: 33 (a) the appropriate regulatory authority reasonably suspects: 34 (i) that the holder of the licence has on one or more 35 occasions contravened this Act, the regulations or 36 the conditions of the licence, and 37 Page 12 Protection of the Environment Legislation Amendment Bill 2011 Amendment of Protection of the Environment Operations Act 1997 No 156 Schedule 2 (ii) that the contravention or contraventions have 1 caused, are causing or are likely to cause, harm to 2 the environment, or 3 (b) the appropriate regulatory authority reasonably suspects 4 that an activity has been or is being carried out by the 5 holder of the licence in an environmentally unsatisfactory 6 manner (within the meaning of section 95). 7 [14] Section 215 Proceedings for other offences 8 Omit "200 penalty units" from section 215 (2). 9 Insert instead "1,000 penalty units". 10 [15] Section 254 Definitions 11 Omit "Director-General of the EPA" from the definition of designated officer. 12 Insert instead "Chairperson". 13 [16] Section 259 Proof of certain appointments not required 14 Omit "Director-General of the EPA" from section 259 (a). 15 Insert instead "Chairperson". 16 [17] Section 261 Certificate evidence of certain matters 17 Omit "Director-General of the EPA" from section 261 (1). 18 Insert instead "Chairperson". 19 [18] Section 261 (2) (u) 20 Omit "Director-General". Insert instead "Chairperson". 21 [19] Part 9.3D 22 Insert after Part 9.3C: 23 Part 9.3D Pollution incidents--analysis of risk 24 295ZB Definition 25 In this Part: 26 relevant person, in relation to a pollution incident, means: 27 (a) the occupier of the premises at or from which the EPA 28 reasonably suspects that the pollution incident occurred or 29 is occurring, or 30 Page 13 Protection of the Environment Legislation Amendment Bill 2011 Schedule 2 Amendment of Protection of the Environment Operations Act 1997 No 156 (b) the person who is reasonably suspected by the EPA of 1 having caused the pollution incident. 2 295ZC Conduct of health risk analysis 3 (1) If the EPA reasonably suspects that a pollution incident has 4 occurred or is occurring, the EPA may request that the Chief 5 Health Officer of the Ministry of Health undertake an analysis of 6 the risk created by that incident to the health of any person or 7 group of persons. 8 (2) The Chief Health Officer may undertake such an analysis. 9 (3) If such an analysis is undertaken, the Director-General of the 10 Ministry of Health may, by notice in writing, require any or all of 11 the relevant persons in relation to the pollution incident to pay 12 any or all of the reasonable costs and expenses incurred by the 13 Chief Health Officer in connection with that analysis. 14 (4) The Chief Health Officer may make use of the staff or facilities 15 of the Ministry of Health, or engage agents or consultants, for the 16 purposes of carrying out an analysis under this section. 17 295ZD Conduct of environmental risk analysis 18 (1) If the EPA reasonably suspects that a pollution incident has 19 occurred or is occurring, the EPA may undertake an analysis of: 20 (a) the nature and extent of the pollution incident, including 21 actual or likely harm to the environment, and 22 (b) the actual or likely pollution resulting from the pollution 23 incident. 24 (2) If the EPA undertakes such an analysis, the EPA may, by notice 25 in writing, require any or all of the relevant persons in relation to 26 the pollution incident to pay any or all of the reasonable costs and 27 expenses incurred by the EPA in connection with that analysis. 28 (3) The EPA may engage agents or consultants for the purposes of 29 carrying out an analysis under this section. 30 295ZE Recovery of costs of analysis 31 (1) If the Director-General of the Ministry of Health or the EPA 32 issues a notice requiring payment under this Part, the 33 Director-General or the EPA, as the case requires, may recover 34 any unpaid amount specified in the notice as a debt in a court of 35 competent jurisdiction. 36 Page 14 Protection of the Environment Legislation Amendment Bill 2011 Amendment of Protection of the Environment Operations Act 1997 No 156 Schedule 2 (2) The reasonable costs and expenses incurred by the Chief Health 1 Officer of the Ministry of Health or the EPA in connection with 2 an analysis are not recoverable if the person to whom a notice has 3 been issued under this Part establishes to the satisfaction of the 4 court that the nature and extent of the analysis conducted by the 5 Chief Health Officer or the EPA was not reasonably necessary to 6 respond to the potential public health or environmental concerns 7 arising out of the pollution incident or was not otherwise in the 8 public interest. 9 295ZF Recovery from responsible persons 10 If the person given a notice requiring payment under this Part 11 complies with the notice but was not the person who caused the 12 pollution incident, the amount of the payment may be recovered 13 by the person who complied with the notice as a debt in a court 14 of competent jurisdiction from the person who caused the 15 pollution incident. 16 295ZG General provisions 17 A notice may be given, and action may be taken, under this Part: 18 (a) whether or not the EPA is the appropriate regulatory 19 authority with respect to the pollution incident, and 20 (b) whether or not a clean-up notice has been given under Part 21 4.2 with respect to the pollution incident. 22 [20] Section 308 Public register 23 Insert after section 308 (2) (d): 24 (d1) details of each mandatory environmental audit under Part 25 6.2 undertaken in relation to a licence issued by that 26 authority, 27 (d2) details of each pollution study required by a condition of a 28 licence issued by that authority, 29 (d3) details of each pollution reduction program required by a 30 condition of a licence issued by that authority, 31 [21] Section 308 (2) (j1) 32 Insert after section 308 (2) (j): 33 (j1) details of each penalty notice issued by that authority, 34 Page 15 Protection of the Environment Legislation Amendment Bill 2011 Schedule 2 Amendment of Protection of the Environment Operations Act 1997 No 156 [22] Schedule 5 Savings, transitional and other provisions 1 Insert at the end of clause 2 (1): 2 Protection of the Environment Legislation Amendment Act 3 2011--to the extent it amends this Act 4 [23] Schedule 5, Part 13 5 Insert after Part 12: 6 Part 13 Provisions consequent on enactment of 7 Protection of the Environment Legislation 8 Amendment Act 2011 9 35 Obligation to publish results of monitoring 10 (1) Subject to subclause (2), the obligation under section 66 (6) to 11 publish results of monitoring does not apply to any monitoring 12 conducted before the commencement of that subsection. 13 (2) A person who held an environment protection licence 14 immediately before the commencement of section 66 (6) does not 15 commit an offence under that subsection during the first 3 months 16 after that commencement. 17 36 Duties to prepare and implement pollution incident response 18 management plans 19 A person who held an environment protection licence 20 immediately before the commencement of Part 5.7A does not 21 commit an offence under that Part during the first 6 months after 22 that commencement. 23 37 Obligation to include matter on register 24 The obligation to include matter on the public register: 25 (a) created by section 308 (2) (d1) applies only to mandatory 26 environmental audits undertaken after the commencement 27 of that paragraph, and 28 (b) created by section 308 (2) (d2) applies only to pollution 29 studies undertaken after the commencement of that 30 paragraph, and 31 (c) created by section 308 (2) (d3) applies only to pollution 32 reduction programs undertaken after the commencement 33 of that paragraph, and 34 Page 16 Protection of the Environment Legislation Amendment Bill 2011 Amendment of Protection of the Environment Operations Act 1997 No 156 Schedule 2 (d) created by section 308 (2) (j1) applies only to penalty 1 notices issued after the commencement of that paragraph. 2 [24] Dictionary 3 Insert in alphabetical order: 4 Chairperson means the Chairperson of the EPA appointed under 5 Division 3 of Part 5 of the Protection of the Environment 6 Administration Act 1991. 7 Page 17 Protection of the Environment Legislation Amendment Bill 2011 Schedule 3 Consequential amendment of other legislation Schedule 3 Consequential amendment of other 1 legislation 2 3.1 Contaminated Land Management Act 1997 No 140 3 [1] Section 4 Definitions 4 Insert in alphabetical order in section 4 (1): 5 Chairperson of the EPA means the Chairperson of the EPA 6 appointed under Division 3 of Part 5 of the Protection of the 7 Environment Administration Act 1991. 8 [2] Section 4 (1), definition of "Director-General" 9 Omit the definition. 10 [3] Section 69 Proof of certain matters not required 11 Omit "Director-General" from section 69 (a). Insert instead "Chairperson". 12 [4] Sections 71 (1) and 92A (9) 13 Omit "Director-General" wherever occurring. 14 Insert instead "Chairperson of the EPA". 15 3.2 Pesticides Act 1999 No 80 16 Sections 102, 105 (1) and 106 (1) 17 Omit "Director-General" wherever occurring. 18 Insert instead "Chairperson". 19 3.3 Protection of the Environment Administration Regulation 20 2007 21 Clause 21 Inspection of register 22 Omit "Director-General" from clause 21 (2). Insert instead "Chairperson". 23 3.4 Protection of the Environment Operations (General) 24 Regulation 2009 25 [1] Clauses 43 (2) (a) and (b) (iv) and 95A (2) 26 Omit "Director-General" wherever occurring. Insert instead "Chairperson". 27 Page 18 Protection of the Environment Legislation Amendment Bill 2011 Consequential amendment of other legislation Schedule 3 [2] Clause 101 1 Omit the clause. Insert instead: 2 101 Notification of pollution incidents 3 (1) For the purposes of section 149 of the Act, a pollution incident 4 that is required to be notified under section 148 of the Act: 5 (a) is to be notified verbally to each relevant authority, and 6 (b) is to be followed by notification in writing within 7 days of 7 the date on which the incident occurred. 8 (2) For the purposes of section 149 of the Act, notification of the 9 EPA may be achieved by telephoning the EPA environment line. 10 Note. Section 150 (2) of the Act provides that the information contained 11 in a notification is to be the information known when the notification 12 occurs. Therefore, if information becomes known between the 13 immediate notification given verbally and the time when written 14 notification is required to be given, that new information will be required 15 to be notified immediately after it becomes known and to be included in 16 the written notification. 17 [3] Schedule 6 Penalty notice offences 18 Insert after the matter relating to section 66 (4) of the Protection of the 19 Environment Operations Act 1997: 20 Section 66 (6) 3 $500 $1,000 Section 66 (7) 3 $500 $1,000 [4] Schedule 6 21 Omit the matter relating to section 152 of the Protection of the Environment 22 Operations Act 1997. 23 Insert instead: 24 Section 152 1, 2 $1,500 $5,000 Section 153A 3 $750 $1,500 Section 153B 3 $750 $1,500 Section 153D 3 $750 $1,500 Section 153E 3 $750 $1,500 Section 153F 3 $1,500 $5,000 Page 19 Protection of the Environment Legislation Amendment Bill 2011 Schedule 3 Consequential amendment of other legislation 3.5 Public Sector Employment and Management Act 2002 No 43 1 Schedule 2 Executive positions (other than non-statutory SES positions) 2 Insert at the end of Part 3: 3 Chairperson of the Environment Protection Authority 4 3.6 Radiation Control Act 1990 No 13 5 [1] Section 4 Definitions 6 Insert in alphabetical order in section 4 (1): 7 Chairperson of the Authority means the Chairperson of the 8 Authority appointed under Division 3 of Part 5 of the Protection 9 of the Environment Administration Act 1991. 10 [2] Section 25 Proceedings for offences 11 Omit "Director-General" from section 25 (4). Insert instead "Chairperson". 12 [3] Section 29 Radiation Advisory Council 13 Omit "Director-General" from section 29 (2) (a). 14 Insert instead "Chairperson of the Authority". 15 3.7 Radiation Control Amendment Act 2010 No 91 16 [1] Schedule 1 Amendment of Radiation Control Act 1990 No 13 17 Omit the definitions of Department and Director-General from item [2]. 18 [2] Schedule 1 [4] 19 Insert "and of the Chairperson of the Authority" after "Authority" in proposed 20 section 5A (2). 21 [3] Schedule 1 [9] 22 Omit the item. 23 [4] Schedule 1 [20] 24 Omit "Director-General" from proposed section 36 (2). 25 Insert instead "Chairperson of the Authority". 26 Page 20 Protection of the Environment Legislation Amendment Bill 2011 Consequential amendment of other legislation Schedule 3 3.8 Radiation Control Regulation 2003 1 [1] Clauses 3 (definition of "approved"), 16 (1), 17 (3), 19 (1) and (3), 23 (1) 2 and (3), 27 (1), 30 (1), 30Q (1) and (3), 31 (2)(5) and 33 (1) 3 Omit "Director-General" wherever occurring. Insert instead "Chairperson". 4 [2] Clause 3 (1), definition of "Director-General" 5 Omit the definition. 6 Page 21
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