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
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
- 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
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
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