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PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - As at 8 February 2024 - Act 156 of 1997

- As at 8 February 2024 - Act 156 of 1997

Table of Provisions

CHAPTER 1 - PRELIMINARY

CHAPTER 2 - PROTECTION OF THE ENVIRONMENT POLICIES

PART 2.1 - INTRODUCTION

PART 2.2 - DRAFT POLICIES

  • 12 Preparation of draft PEP
  • 13 General considerations in preparing draft PEP

PART 2.3 - GENERAL PROCEDURE FOR PREPARING DRAFT POLICIES

  • 14 Application of Part
  • 15 EPA to give notice of intention to prepare draft PEP
  • 16 EPA to prepare draft PEP and impact statement
  • 17 Public consultation on draft PEP and impact statement
  • 18 Other consultation during preparation of draft PEP
  • 19 EPA to consider impact statement and submissions
  • 20 Submission of draft PEP to Minister

PART 2.4 - SPECIAL PROCEDURE FOR PREPARING DRAFT POLICIES

  • 21 Application of Part
  • 22 Directions
  • 23 Effect of direction
  • 24 Submission of draft PEP to Minister

PART 2.5 - MAKING POLICIES

  • 25 Recommendation for making PEP
  • 26 Making of PEP

PART 2.6 - INTERIM POLICIES

  • 27 Interim PEPs

PART 2.7 - IMPLEMENTING POLICIES

PART 2.8 - MISCELLANEOUS

  • 33 Amendment or repeal of PEPs
  • 34 Publication and commencement of PEPs
  • 35 Machinery matters for which PEPs may make provision
  • 36 PEPs not to create offences
  • 37 Judicial notice and validity of PEPs
  • 38 Failure to comply with procedural requirements
  • 39 Copies of PEPs to be available to public
  • 40 Abandonment of draft PEP
  • 41 Subordinate Legislation Act 1989 does not apply to PEPs

CHAPTER 3 - ENVIRONMENT PROTECTION LICENCES

PART 3.1 - INTRODUCTION

  • 42 Environment protection licences
  • 43 Types of licences
  • 44 Integration of licensing
  • 45 Matters to be taken into consideration in licensing functions
  • 46 Operation of this Chapter

PART 3.2 - LICENCES REQUIRED FOR SCHEDULED DEVELOPMENT WORK AND SCHEDULED ACTIVITIES

  • 47 Licensing requirement--scheduled development work
  • 48 Licensing requirement--scheduled activities (premises-based)
  • 49 Licensing requirement--scheduled activities (not premises-based)
  • 50 Timing of licensing of development requiring consent under EP[#38]A Act
  • 51 Integrated development
  • 52 Commencement of licensing requirements

PART 3.3 - ISSUE, TRANSFER AND VARIATION OF LICENCES

  • 53 Application for issue of licence
  • 54 Application for transfer of licence
  • 55 Grant or refusal of application
  • 56 Premises to which licence applies
  • 57 Licence fees
  • 58 Variation of licences
  • 59 Restrictions on making applications
  • 60 Requirement for further information
  • 61 Reasons to be given for grant or refusal of certain licence applications
  • 62 Copyright

PART 3.4 - LICENCE CONDITIONS

  • 63 Conditions
  • 64 Failure to comply with condition

PART 3.5 - PARTICULAR LICENCE CONDITIONS

  • 65 Part not exclusive
  • 66 Conditions requiring monitoring, certification or provision of information, and related offences
  • 67 Conditions for mandatory environmental audits
  • 68 Conditions requiring pollution studies and reduction programs
  • 69 Conditions relating to schemes for economic measures and environmental monitoring programs
  • 70 Conditions for financial assurances
  • 71 Conditions for remediation work on premises
  • 72 Conditions for insurance cover
  • 73 Conditions to take effect later
  • 74 Conditions for positive covenants
  • 75 Conditions relating to waste
  • 76 Post-closure requirements for waste facilities or other licensed premises

PART 3.6 - DURATION AND REVIEW OF LICENCES

  • 77 Duration of licence
  • 78 Review of licences

PART 3.7 - SUSPENSION, REVOCATION AND SURRENDER OF LICENCES

  • 79 Suspension or revocation of licence by appropriate regulatory authority
  • 80 Surrender of licence
  • 81 Conditions of suspension, revocation or surrender
  • 81A Variation of conditions of suspension, revocation or surrender to require other persons to carry out works, programs or activities
  • 82 Minister may suspend or revoke licence if holder convicted of major pollution offence

PART 3.8 - MISCELLANEOUS

  • 83 Fit and proper persons
  • 84 Date from which decision operates
  • 85 Death of licensee
  • 86 Notice for breach of licensing requirements
  • 87. (Repealed)
  • 88 Contributions by licensee of waste facility

CHAPTER 4 - ENVIRONMENT PROTECTION NOTICES

PART 4.1 - PRELIMINARY

PART 4.2 - CLEAN-UP NOTICES

  • 91 Clean-up by occupiers or polluters
  • 91A Clean-up notices may be given to directors and related bodies corporate
  • 91B Offence
  • 92 Clean-up by public authorities
  • 93 Clean-up directions may be given orally
  • 94 Fee

PART 4.3 - PREVENTION NOTICES

  • 95 Meaning of environmentally unsatisfactory manner
  • 96 Preventive action
  • 96A Prevention notices may be given to directors and related bodies corporate
  • 97 Offence
  • 98 Action in event of failure to comply
  • 99 Commencement of operation of prevention notices or variations
  • 100 Fee

PART 4.4 - PROHIBITION NOTICES

  • 101 Prohibition on activities
  • 101A Prohibition notices may be given to directors and related bodies corporate
  • 102 Offence
  • 103 Action in event of failure to comply

PART 4.5 - COMPLIANCE COST

  • 104 Compliance cost notices
  • 105 Recovery of amounts
  • 106 Registration of compliance cost notices in relation to land
  • 107 Charge on land subject to compliance cost notice

PART 4.6 - MISCELLANEOUS

  • 108 Multiple notices
  • 109 Extraterritorial application
  • 109A. (Repealed)
  • 110 Revocation or variation
  • 111 Power to enter land
  • 112 Obstruction of persons
  • 113 False or misleading statements in reports

CHAPTER 5 - ENVIRONMENT PROTECTION OFFENCES

PART 5.1 - CLASSIFICATION OF OFFENCES

  • 114 Classification of offences

PART 5.2 - TIER 1 OFFENCES

  • 115 Disposal of waste--harm to environment
  • 116 Leaks, spillages and other escapes
  • 117 Emission of ozone depleting substances
  • 118 General defence for tier 1 offences
  • 119 Maximum penalty for tier 1 offences

PART 5.3 - WATER POLLUTION

  • 120 Prohibition of pollution of waters
  • 121 Defence of authority conferred by regulation
  • 122 Defence of authority conferred by protection of environment licence or forestry authorisation
  • 123 Maximum penalty for water pollution offences

PART 5.4 - AIR POLLUTION

Division 1 - General

  • 124 Operation of plant (other than domestic plant)
  • 125 Maintenance work on plant (other than domestic plant)
  • 126 Dealing with materials
  • 127 Proof of causing pollution
  • 128 Standards of air impurities not to be exceeded
  • 129 Emission of odours from premises licensed for scheduled activities
  • 130 Provisions prevail
  • 131 Exclusion of residential premises
  • 132 Maximum penalty for air pollution offences

Division 2 - Air pollution from fires

  • 133 Prohibition by EPA of burning in open air or incinerators
  • 134 Directions by authorised officers concerning fires
  • 135 Offence

Division 3 - Domestic air pollution

  • 135A Definitions
  • 135B Smoke abatement notices
  • 135C Contravention of smoke abatement notices
  • 135D Revocation of smoke abatement notices

PART 5.5 - NOISE POLLUTION

  • 136 Sale of articles emitting more than prescribed noise
  • 137 Sale of articles required to be fitted with noise control equipment
  • 138 Defence--sale of articles
  • 139 Operation of plant
  • 140 Dealing with materials
  • 141 Maximum penalty for noise offences

PART 5.6 - LAND POLLUTION AND WASTE

Division 1 - Preliminary

Division 2 - Land pollution

  • 142A Pollution of land
  • 142B Defence of authority conferred by regulation
  • 142C Defence of authority conferred by licence
  • 142D Defences relating to pesticides and fertilisers and other substances
  • 142E Defences relating to unlicensed landfills

Division 3 - Waste offences

  • 143 Unlawful transporting or depositing of waste
  • 144 Use of place as waste facility without lawful authority
  • 144AAA Unlawful disposal of asbestos waste
  • 144AAB Re-use and recycling of asbestos waste prohibited
  • 144AA False or misleading information about waste
  • 144AB Repeat waste offenders
  • 144AC Use of approved GPS tracking device required by EPA for waste transportation vehicles

PART 5.6A - LITTERING

  • 144A Definitions
  • 145 Littering generally
  • 145A Aggravated littering
  • 146 Owners and drivers of motor vehicles and trailers involved in littering
  • 146A Depositing of advertising material
  • 146B Advertising material not to be placed in or on vehicles
  • 146C Offence to cause or ask person to commit offence
  • 146D Littering reports
  • 146E Restrictions on release of balloons
  • 146F Application of Part to State waters

PART 5.7 - DUTY TO NOTIFY POLLUTION INCIDENTS

  • 147 Meaning of material harm to the environment
  • 148 Pollution incidents causing or threatening material harm to be notified
  • 149 Manner and form of notification
  • 150 Relevant information to be given
  • 151 Incidents not required to be reported
  • 151A EPA may require other notification of pollution incidents
  • 152 Offence
  • 153 Incriminating information

PART 5.7A - DUTY TO PREPARE AND IMPLEMENT POLLUTION INCIDENT RESPONSE MANAGEMENT PLANS

  • 153A Duty of licence holder to prepare pollution incident response management plan
  • 153B EPA may direct other persons to prepare pollution incident response management plan
  • 153C Information to be included in plan
  • 153D Keeping of plan
  • 153E Testing of plan
  • 153F Implementation of plan

PART 5.8 - MOTOR VEHICLES

Division 1 - Preliminary

Division 2 - Sale and maintenance of motor vehicles

  • 155 Sale of motor vehicles
  • 156 Sale of motor vehicles without anti-pollution devices
  • 157 Adjustment etc of anti-pollution devices and motor vehicles
  • 158 Service or repair of motor vehicles
  • 159 Sale of motor vehicles not serviced, maintained or adjusted as prescribed
  • 160 Defences
  • 161 Notices
  • 162 Minister's power to prohibit use of motor vehicles in certain circumstances

Division 3 - (Repealed)

None

Division 4 - Registration of motor vehicles

  • 165 Suspension of registration
  • 166 Prohibition on registration

PART 5.9 - GENERAL OFFENCES

  • 167 Control equipment
  • 167A False or misleading information
  • 167B Receiving monetary benefits
  • 168 Ancillary offences
  • 169 Liability of directors etc for offences by corporation--offences attracting special executive liability
  • 169A Liability of directors etc for offences by corporation--offences attracting executive liability generally
  • 169B Liability of directors etc for offences by corporation--accessory to the commission of the offences
  • 169C Evidence as to state of mind of corporation
  • 170 Extra-territoriality

CHAPTER 6 - ENVIRONMENTAL AUDITS

PART 6.1 - PRELIMINARY

  • 171 Relationship of this Chapter to other provisions
  • 172 Nature of environmental audit
  • 173 Accreditation and regulation of environmental auditors

PART 6.2 - MANDATORY ENVIRONMENTAL AUDITS

  • 174 Conditions for mandatory environmental audits
  • 175 Circumstances in which mandatory environmental audit can be imposed
  • 176 Certification of audit report
  • 177 Offences
  • 178 Self-incriminatory information not exempt
  • 179 Use of information

PART 6.3 - VOLUNTARY ENVIRONMENTAL AUDITS

  • 180 Nature of voluntary environmental audit
  • 181 Protected documents
  • 182 Nature of protection
  • 183 Lifting of protection

CHAPTER 7 - INVESTIGATION

PART 7.1 - PRELIMINARY

  • 184 Purposes for which powers under Chapter may be exercised
  • 185 Effect on other functions
  • 186 Extension of Chapter to other environment protection legislation

PART 7.2 - AUTHORISED OFFICERS AND ENFORCEMENT OFFICERS

  • 187 Appointment of authorised officers
  • 188 Scope of authority
  • 189 Identification
  • 189A Powers of enforcement officers

PART 7.3 - POWERS TO REQUIRE INFORMATION OR RECORDS

  • 190 Application of Part
  • 191 Requirement to provide information and records (EPA)
  • 192 Requirement to provide information and records (other regulatory authorities)
  • 193 Requirement to provide information and records (authorised officers)
  • 194 Manner, time etc for compliance
  • 195 Provisions relating to records

PART 7.4 - POWERS OF ENTRY AND SEARCH OF PREMISES

  • 196 Powers of authorised officers to enter premises
  • 197 Entry into residential premises only with permission or warrant
  • 198 Powers of authorised officers to do things at premises
  • 198A Power to disable intruder alarms
  • 199 Search warrants
  • 199A Authorised officers may request assistance
  • 200 Assistance to be given to authorised officers
  • 201 Care to be taken
  • 202 Compensation

PART 7.5 - POWERS TO QUESTION AND TO IDENTIFY PERSONS

  • 203 Power of authorised officers to require answers
  • 203A Recording of evidence
  • 204 Power of authorised officers to demand name and address

PART 7.6 - POWERS WITH RESPECT TO VEHICLES, VESSELS AND OTHER ARTICLES

  • 205 Definitions
  • 205A Application of Part
  • 206 Power to inspect and test
  • 207 Power to require articles to be tested or inspected
  • 208 Stopping of vehicles and vessels for inspection or testing
  • 209 Power to seize articles (other than vehicles or vessels) to test for noise
  • 210 Power to require information about articles

PART 7.6A - SEIZURE OF MOTOR VEHICLES OR VESSELS USED TO COMMIT REPEAT WASTE OFFENCES

  • 210A Definitions
  • 210B Seizure of motor vehicles or vessels used to commit repeat waste offences
  • 210C Forfeiture of motor vehicles or vessels by order of court
  • 210D Return of seized motor vehicle or vessel
  • 210E Forfeited motor vehicles or vessels become the property of the State

PART 7.7 - GENERAL

  • 211 Offences
  • 212 Provisions relating to requirements to furnish records, information or answer questions
  • 212A Revocation or variation
  • 212B Extraterritorial application
  • 212C Actions by incorrect regulatory authority
  • 212D Appropriate regulatory authority may continue to exercise functions
  • 212E Extraterritorial exercise of functions

CHAPTER 8 - CRIMINAL AND OTHER PROCEEDINGS

PART 8.1 - PRELIMINARY

  • 213 Application of Chapter and extension of Chapter to other environment protection legislation

PART 8.2 - PROCEEDINGS FOR OFFENCES

Division 1 - Proceedings for offences generally

  • 214 Proceedings for tier 1 offences
  • 215 Proceedings for other offences
  • 216 Time within which summary proceedings may be commenced

Division 2 - Who may institute proceedings for offences

  • 217 EPA or other appropriate regulatory authority may institute proceedings
  • 218 Other authorities who may also institute proceedings
  • 218A Agents may institute proceedings
  • 219 Other persons may institute proceedings with leave of Land and Environment Court
  • 220 Officers and employees of authorities
  • 221 Penalty notices and related proceedings

Division 3 - Penalty notices (tier 3 offences)

222, 223. (Repealed)
  • 224 Penalty notices
  • 225. (Repealed)
  • 226 Enforcement officers
  • 227. (Repealed)
  • 228 Withdrawal of penalty notice
  • 229 Effect on other provisions

Division 4 - Restraining orders

  • 230 Application of Division
  • 231 Nature of restraining order
  • 232 Application for restraining order
  • 233 Making of restraining order
  • 234 Undertakings
  • 235 Ancillary orders
  • 236 Charge on property subject to restraining orders
  • 237 Registration of restraining orders
  • 237A Recovery of costs of registering charge on land
  • 237B Recovery of costs of lodging caveat
  • 238 Contravention of restraining orders
  • 239 Court may revoke restraining order
  • 240 Time when restraining order ceases to be in force

Division 5 - Sentencing

  • 241 Matters to be considered in imposing penalty

Division 6 - Continuing offences

  • 242 Continuing offences

PART 8.3 - COURT ORDERS IN CONNECTION WITH OFFENCES

  • 243 Operation of Part
  • 244 Orders generally
  • 245 Orders for restoration and prevention
  • 246 Orders for costs, expenses and compensation at time offence proved
  • 247 Recovery of costs, expenses and compensation after offence proved
  • 248 Orders regarding costs and expenses of investigation
  • 249 Orders regarding monetary benefits
  • 250 Additional orders
  • 251 Offence

PART 8.3A - CIVIL PROCEEDINGS TO RECOVER PARTICULAR MONETARY BENEFITS

  • 251A Recovery of monetary benefits from related persons after offence proved

PART 8.4 - CIVIL PROCEEDINGS TO REMEDY OR RESTRAIN BREACHES OF ACT OR HARM TO ENVIRONMENT OR ENFORCE UNDERTAKINGS

  • 252 Remedy or restraint of breaches of this Act or regulations
  • 253 Restraint of breaches of an Act or statutory rules that harm the environment
  • 253A Enforcement of undertakings

PART 8.5 - EVIDENTIARY PROVISIONS

  • 254 Definitions
  • 255 Evidence of threshold tests for scheduled activities
  • 256 Onus of proof of certain matters
  • 257 Occupier of premises responsible for pollution from premises
  • 258 Evidence relating to occupier of premises
  • 259 Proof of certain appointments not required
  • 260 Documentary evidence generally
  • 261 Certificate evidence of certain matters
  • 262 Evidence of analysts

PART 8.6 - NOISE--SPECIAL PROVISIONS

Division 1 - Noise control notices--regulatory authorities

  • 263 Definition of "appropriate regulatory authority"
  • 264 Noise control notices relating to premises
  • 265 Offence to contravene noise control notice
  • 266 Revocation or variation of noise control notices
  • 267 Commencement of operation of noise control notices
  • 267A Fee
  • 267B Compliance costs

Division 2 - Noise abatement orders--Local Court

  • 268 Issue of noise abatement orders
  • 269 Contravention of noise abatement order
  • 270 Restrictions on noise abatement orders
  • 271 Commencement of operation of noise abatement order
  • 272 Revocation or variation of noise abatement orders
  • 273 Costs
  • 274. (Repealed)

Division 3 - Noise abatement directions--police and other authorised persons

  • 275 Definition of "authorised person"
  • 276 Issue of noise abatement directions
  • 277 Contravention of noise abatement directions
  • 278 Restrictions on noise abatement directions
  • 279 Revocation of noise abatement directions

Division 4 - Police powers regarding noise

  • 280 Powers of entry by police by warrant
  • 281 Powers of police after entry by warrant
  • 282 Police powers to seize equipment
  • 283 Other police powers not affected

CHAPTER 9 - MISCELLANEOUS

PART 9.1 - EXEMPTIONS

  • 284 Exemptions by EPA in emergencies and other situations
  • 285 Exemption for fire brigades and other emergency services
  • 286 Exemptions by regulation

PART 9.2 - APPEALS

  • 287 Appeals regarding licence applications and licences
  • 288 Appeals regarding notices under section 86 relating to work at premises
  • 289 Appeals against prevention notices
  • 289A Appeals regarding notices under section 144AC relating to use of approved GPS tracking devices
  • 290 Appeals regarding noise
  • 291 Appeals regarding decisions under the regulations
  • 292 Determination of appeals

PART 9.3 - ECONOMIC MEASURES

  • 293 Schemes for economic measures
  • 293A Alteration, suspension or termination of a scheme
  • 294 Liability of Crown
  • 294A Exercise of functions by Minister and EPA
  • 295 Regulations

PART 9.3A - TRADEABLE EMISSION SCHEMES

  • 295A Definitions
  • 295B Tradeable emission schemes
  • 295C Regulations relating to tradeable emission schemes
  • 295D Licence conditions
  • 295E Imposition of penalties for contravention of scheme
  • 295F Other action that may be taken by EPA
  • 295G Participation in scheme by EPA
  • 295H Cost recovery
  • 295I Tradeable Emission Schemes Fund
  • 295J Exercise of scheme functions by other persons and bodies
  • 295K Liability for operation of scheme
  • 295L Application of Duties Act 1997

PART 9.3B - GREEN OFFSETS

  • 295M Definitions
  • 295N Licence conditions
  • 295O Green offset schemes
  • 295P Green offset works
  • 295Q Regulations relating to green offsets
  • 295R Action that may be taken by EPA in relation to green offset schemes or works
  • 295S Administrative costs
  • 295T Payment of contributions
  • 295U Green Offsets Fund
  • 295V Exercise of scheme functions by other persons and bodies
  • 295W Liability for operation of scheme
  • 295X Application of Duties Act 1997

PART 9.3C - ENVIRONMENTAL MONITORING

  • 295Y Environmental monitoring programs
  • 295Z Environmental monitoring levies
  • 295ZA Environmental Monitoring Fund

PART 9.3D - POLLUTION INCIDENTS--ANALYSIS OF RISK

  • 295ZB Definition
  • 295ZC Conduct of health risk analysis
  • 295ZD Conduct of environmental risk analysis
  • 295ZE Recovery of costs of analysis
  • 295ZF Recovery from responsible persons
  • 295ZG General provisions

PART 9.4 - FINANCIAL ASSURANCES

  • 296 Purpose of this Part
  • 297 Definition of "conditions" of licence
  • 298 Requiring financial assurances
  • 299 Restriction on requiring financial assurance
  • 300 Amount of financial assurances
  • 301 Guidelines about financial assurances
  • 302 Carrying out of work or program when licensee fails to do so
  • 303 Claim on or realising of financial assurance
  • 304 Lapsing of financial assurance
  • 305 Liability of appropriate regulatory authority, State and others
  • 306 Financial assurance not to affect other action
  • 307 Disputes regarding call on or use of financial assurance

PART 9.4A - RESTRICTIONS AND COVENANTS ON LAND

  • 307A Ongoing maintenance--restrictions and covenants

PART 9.5 - PUBLIC REGISTER

  • 308 Public register
  • 309 Public availability of register

PART 9.6 - FORMAL INQUIRIES

  • 310 Conduct of inquiries
  • 311 Person or body conducting inquiries
  • 312 Procedures at inquiries
  • 313 Public nature of inquiries
  • 314 Report of inquiry

PART 9.7 - OTHER MISCELLANEOUS PROVISIONS

  • 315 Act to bind Crown
  • 316 Resolution of disputes between EPA and public authorities
  • 317 Appointment of persons to exercise certain functions
  • 318 Exercise of local authority's licensing functions by EPA
  • 319 Disclosure of information
  • 319A Continuing effect of notices and conditions
  • 320 Disclosure of monitoring data
  • 320A False representations as to EPA approval, use or recommendation and licences
  • 321 Service of notices
  • 322 Effect of this Act on other rights, remedies and proceedings
  • 323 Regulations
  • 324 Repeals
  • 325. (Repealed)
  • 326 Savings, transitional and other provisions
  • 327 Review of Act

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