ENVIRONMENT PROTECTION ACT 2019
Table of Provisions
PART 1--INTRODUCTION
Division 1-- Preliminary matters
Division 2--Important concepts
- 5 Meaning of action
- 6 Meaning of environment
- 7 Meaning of environmental harm
- 8 Meaning of material environmental harm
- 9 Meaning of s ignificant environmental harm
- 10 Meaning of impact
- 11 Meaning of significant impact
- 12 Meaning of significant variation
- 13 Meaning of strategic proposal
Division 3--Application provisions
PART 2--PRINCIPLES OF ENVIRONMENT PROTECTION AND MANAGEMENT
Division 1--Principles of ecologically sustainable development
- 17 Principles of ecologically sustainable development
- 18 Decision-making principle
- 18A Principle of proportionality
- 19 Precautionary principle
- 20 Principle of evidence-based decision-making
- 21 Principle of intergenerational and intragenerational equity
- 22 Principle of sustainable use
- 23 Principle of conservation of biological diversity and ecological integrity
- 24 Principle of improved valuation, pricing and incentive mechanisms
Division 2--Management hierarchies
PART 3--ENVIRONMENT PROTECTION DECLARATIONS
Division 1--Declaration of environmental objectives and referral triggers
- 28 Declaration of environmental objectives
- 29 Purpose and effect of referral triggers
- 30 Declaration of referral triggers
- 31 NT EPA may recommend environmental objectives and referral triggers and amendments
- 32 Review of environmental objectives and referral triggers
- 33 Amendment or revocation of environmental objective or referral trigger
- 34 Referral trigger – environmental offences
Division 2--Protected environmental areas and prohibited actions
- 35 Temporary declaration of protected environmental area
- 36 Permanent declaration of protected environmental area
- 37 Regulation of actions in declared areas
- 38 Declaration of prohibited actions
- 39 Revocation of declaration
- 40 Protected environmental areas – environmental offences
- 41 Prohibited actions – environmental offences
Division 3--General
- 41A Interpretation
PART 4--ENVIRONMENTAL IMPACT ASSESSMENT PROCESS
Division 1--Purpose of environmental impact assessment process
- 42 Purpose of environmental impact assessment process
- 43 General duty of proponents
- 44 Certain referrals prohibited
Division 2--Cooperative agreements
- 45 Cooperative agreements – assessment process
- 46 Proponent to have only one environmental impact assessment process
- 47 Significant variation of action or strategic proposal
Division 3--Referral and assessment
Subdivision 1--Referrals- 48 Referral of proposed action
- 49 Referral of strategic proposal
- 50 Referral if application made to statutory decision-maker Subdivision 2--Significant variations
- 51 Proponent to notify NT EPA of significant variation of proposed action or strategic proposal
- 51A Certain notifications taken to be referrals
- 52 Approval holder to refer proposed significant variation for assessment Subdivision 3--Call-in notices
- 53 Call-in notice
- 54 Offence to contravene call-in notice Subdivision 4--Consideration by NT EPA
- 55 Process for considering referred actions and strategic proposals
- 56 Process for considering notified significant variations Subdivision 5--Environmental impact assessment by NT EPA
- 57 NT EPA to carry out environmental impact assessments of referred actions or strategic proposals Subdivision 6--Statutory authorisations
- 58 Statutory authorisations and environmental impact assessments
- 59 Statutory authorisation granted before referral of action
- 59A Regulations for sections 58 and 59
PART 5--ENVIRONMENTAL APPROVALS
Division 1--Preliminary matters
- 60 Purpose of Part
- 61 Purpose of environmental approval
- 62 Fit and proper person to hold environmental approval or approval notice
- 62A More than one environmental approval may be granted
Division 2--NT EPA to provide assessment report and other documents to Minister
- 63 Application of Division
- 64 Assessment report
- 65 Draft environmental approval
- 66 Statement of unacceptable impact
- 67 Notice of assessment report and other documents
Division 3--Decision of Minister on environmental approval
- 68 Application of Division
- 69 Decision of Minister in relation to draft environmental approval
- 70 Consultation on proposal to grant an amended approval
- 71 Consultation on proposal to refuse to grant environmental approval
- 72 Show cause process
- 73 Matters to be considered by Minister in deciding on environmental approval
- 74 Time for decision on environmental approval
Division 4--Decision of Minister on statement of unacceptable impact
- 75 Application of Division
- 76 Minister's decision in relation to statement
- 77 Time for decision on statement of unacceptable impact
- 78 Show cause process
- 79 Refusal of approval if Minister accepts statement
- 80 Environmental approval granted if Minister rejects statement
Division 5--Publication of environmental approval
Division 6--Conditions of environmental approval
- 83 Application of Division
- 84 Conditions of environmental approval
- 85 Condition may apply after action completed
- 86 Conditions imposing financial requirements
- 87 Conditions requiring reporting of compliance with approval
- 88 Conditions relating to management of health, social and cultural impacts
- 89 Conditions of environmental approval – environmental offences
Division 7--Effect of environmental approval
- 90 Application of Division
- 91 Effect of environmental approval
- 92 Environmental approval to prevail over other statutory authorisations
- 93 Environmental approval not personal property
- 94 Expiry of environmental approval
- 95 Environmental approval revoked if amended approval granted
Division 7A--Consolidation or separation of environmental approvals
Division 8--Approval notice for actions under environmental approval for strategic proposal
- 96 Application of Division
- 97 Purpose of approval notice
- 97A Requirement for approval notice
- 98 Application for approval notice
- 99 Minister may request further information
- 100 Consultation on application
- 101 Decision of Minister in relation to approval notice
- 102 Issue of approval notice
- 102A Conditions of approval notice
- 103 Effect of approval notice
- 104 Notice of refusal
- 105 Publication of notice and reasons
- 105A Amendment of approval notice
Division 9--Amendment of environmental approval
- 106 Amendment of environmental approval
- 107 Consultation on proposed amendment
- 108 Publication of amended environmental approval
Division 10--Revocation or suspension of environmental approval
- 109 Revocation of environmental approval
- 110 Suspension of approval
- 111 Show cause process
- 112 Notice to statutory decision-makers
- 113 Obligations under approval to continue
- 114 Revocation at request of approval holder
- 115 Strategic assessment – revocation of approval
- 116 Strategic assessment – revocation or suspension of approval
- 117 Contravention of continuing obligations – environmental offences
Division 11--Transfer of environmental approval
- 118 Transfer of environmental approval
- 119 Application for approval to transfer
- 120 Minister may request information
- 121 Minister must consider certain matters
- 122 Consultation on transfer
- 123 Decision on transfer
- 124 Publication of approval of transfer and reasons
PART 6--ENVIRONMENTAL OFFSETS
PART 7--FINANCIAL PROVISIONS
Division 1--Environment protection bonds
- 127 Application of Division
- 128 Purpose of environment protection bond
- 129 Amount of bond
- 130 Environment protection bond account
- 131 Claim on bond
- 132 Unused bond refundable
Division 2--Environment protection levy
Division 3--Environment protection funds
- 136 Minister may establish environment protection funds
- 137 Payments into environment protection funds
- 138 Expenditure from an environment protection fund
- 139 Recovery of amounts paid out of fund
PART 8--ENVIRONMENTAL AUDITS, ENVIRONMENTAL AUDITORS AND ENVIRONMENTAL PRACTITIONERS
Division 1--Preliminary matters
Division 2--Environmental audit requirements
- 142 Direction by CEO to carry out environmental audit
- 143 CEO may appoint qualified person to carry out environmental audit
- 144 Environmental audit and report
- 145 Contravention of direction – environmental offence
- 146 Offence relating to conflict of interest
- 147 Authorisation of audit despite conflict
- 148 Nature of conflict of interest
- 149 Qualified person may direct information to be provided
- 150 Declarations in relation to environmental audit reports
- 151 Contravention of direction to provide relevant information – environmental offences
- 152 Offence if false or misleading information in audit report or missing information
- 153 Retention and production of audit documentation
- 154 Contravention of direction – environmental offences
Division 3--Registration of environmental auditors
Division 4--Registration of environmental practitioners
- 157 Offence to represent that registered as environmental practitioner
- 158 Registration of environmental practitioners
PART 9--ENFORCEMENT
Division 1--Environmental officers
- 159 Appointment or authorisation of environmental officers
- 160 Identity card
- 161 Offence not to return identity card
- 162 Powers of environmental officers: purposes
- 163 General powers of environmental officers
- 164 Entry of residential premises
- 165 Entry on Aboriginal land
- 166 Duties of environmental officer on land or premises
- 167 Duty of environmental officer in relation to seized thing
- 168 Forfeiture of seized thing
- 169 Offence to contravene requirement
- 170 Application for and issue of search warrant
- 171 Effect and term of search warrant
- 172 Directions by environmental officer
- 173 Offence to contravene direction
- 174 Offence to obstruct environmental officer
- 175 Compliance with requirement to provide information
Division 2--Environment protection notices
Subdivision 1--Environment protection notices- 176 Environment protection notice – purpose and issue
- 177 Content of environment protection notice
- 178 Requirements of environment protection notices
- 179 Environment protection notice may permit certain acts or omissions
- 180 Effect of environment protection notice on need for statutory authorisation
- 181 Notice to prescribed statutory decision-maker of proposed notice
- 182 Emergency environment protection notice issued by CEO
- 182A Further power of CEO to issue emergency environment protection notice
- 183 Emergency environment protection notice issued by environmental officer
- 184 Variation or revocation of environment protection notice
- 185 Copy of environment protection notice may be lodged with Registrar-General
- 186 Recorded notice applies to owners and occupiers of land
- 187 Notice to owners and occupiers of land
- 188 Notice by owner or occupier to CEO
- 189 Offence to contravene notice requirement
- 190 Cancellation of recording of environment protection notice
- 191 Contravention of environment protection notice – environmental offences
- 192 Obstruct compliance with notice – environmental offence Subdivision 2--Powers of persons to enter land
- 192A Application
- 192B Power to enter land
- 192C Notice to CEO
- 192D Powers on entry
- 192E Duties on entry
- 192F Recovery of costs
- 192G Offence to obstruct
- 192H Offence to fail to give notice
- 192J Offence to fail to comply with duty on entry
Division 2A--Chain of responsibility
Subdivision 1--Preliminary matters- 192K Purpose of Division
- 192L Definitions
- 192M Meaning of related person of high risk entity
- 192N Relevant connection to high risk entity Subdivision 2--Redirection to related persons by issue of compliance notices
- 192P Purpose of Subdivision
- 192Q Matters to be considered in deciding to issue compliance notice to related person
- 192R Issue of compliance notice to related person of high risk entity issued with notice
- 192S Issue of compliance notice to related person of high risk entity not issued with notice
- 192T Issue of compliance notice after compliance notice issued to related person of high risk entity
- 192U Issue of compliance notice to previous owner or occupier of land
- 192V Provisions applying to issue of compliance notice
- 192W Joint and several liability for compliance
- 192X Enforcement of compliance by high risk entity not affected Subdivision 3--Corporations legislation displacement and excluded matter
- 192Y Declarations under section 5F of the Corporations Act 2001 (Cth)
- 192Z Declarations under section 5G of the Corporations Act 2001 (Cth)
Division 3--Stop work notices
- 193 Purpose of stop work notice
- 194 NT EPA may issue stop work notice
- 195 Requirements of stop work notice
- 196 Stop work notice where proponent contravenes call-in notice
- 197 Stop work notice may be issued even if other statutory authorisation issued
- 198 Contravention of stop work notice – environmental offences
Division 4--Monitoring and management notices
- 199 Monitoring and management notice – environmental approval
- 199A Monitoring and management notice – protected environmental area or prohibited action
- 199B Monitoring and management notice – form and giving of notice
- 200 Contents of monitoring and management notice
- 201 Effect of monitoring and management notice
- 202 Copy of monitoring and management notice may be lodged with Registrar-General
- 203 Recorded notice applies to owners and occupiers of land
- 204 Notice to owners and occupiers of land
- 205 Notice by owner or occupier to CEO
- 206 Offence to contravene notice requirement
- 207 Cancellation of recording of monitoring and management notice
- 208 Contravention of monitoring and management notice – environmental offence
- 209 Obstruct compliance with monitoring and management notice – environmental offence
- 210 Monitoring and management notice not complied with
Division 5--Closure certificates
- 211 Criteria for closure certificate
- 212 Application for closure certificate
- 213 Issue of closure certificate
- 214 Effect of closure certificate
Division 6--Enforceable undertakings
- 215 CEO may accept enforceable undertaking
- 216 Enforcement orders
- 217 CEO may do specified acts or things
- 218 Withdrawal or variation of enforceable undertaking by proponent, approval holder or related person
- 219 Withdrawal of acceptance by CEO of enforceable undertaking
- 220 No criminal proceedings while enforceable undertaking is in force
- 221 Proceedings following revocation of enforceable undertaking
- 222 No further proceedings if enforceable undertaking complied with
Division 7--Emergency authorisations
- 223 Emergency authorisations
Division 8--Duty to notify incidents
- 224 Application of Division
- 225 Duty to notify CEO of incidents
- 226 Manner and form of notice
- 227 Incidents not required to be reported
- 228 Failure to notify incident – environmental offences
- 229 Incriminating information
PART 10--CIVIL PROCEEDINGS
Division 1--Injunctions and other orders
- 230 Who may bring proceeding
- 231 Prohibitory injunctions
- 232 Mandatory injunctions
- 233 Interim injunctions
- 234 Certain considerations for granting injunctions not relevant
- 235 Discharge of injunctions
- 236 Other orders
- 237 Court may vary or revoke order
- 238 Security and undertakings
- 239 Orders as to costs
- 240 Orders as to damages on application of respondent
- 241 Time for commencing proceedings under this Division
- 242 Powers conferred are in addition to other powers of court
Division 2--Civil penalty orders, other civil orders and directions
- 243 Purpose of Division
- 244 CEO may give certain directions
- 244A Contravention of direction – environmental offence
- 245 Application for civil orders
- 246 CEO to consider certain matters
- 247 Notice of proposed application to court
- 248 Civil orders
- 249 Court to consider certain matters
- 250 Civil orders under section 248(1)(b)
- 251 CEO may take measures if order not complied with
- 252 Jurisdiction is civil jurisdiction
- 253 Contravention of 2 or more provisions
- 254 Proceeding to be stayed if criminal proceedings commenced
- 255 Evidence not admissible in criminal proceedings
- 256 Orders as to costs
- 257 Recovery of amounts ordered to be paid to Territory
- 258 Time for bringing proceedings under this Division
- 259 Civil proceedings not to affect environment protection notices
PART 11--OFFENCES, PENALTIES AND CRIMINAL PROCEEDINGS
Division 1AA--General environmental harm offence
- 259A Offence to cause environmental harm – environmental offences
Division 1--Offences
- 260 Offence to provide false or misleading information
- 261 Contravention of court order under section 216 or 236 – environmental offence
- 262 Continuing offences
- 263 Liability of occupier
- 264 Liability of owner
- 265 Criminal liability of executive officer of body corporate
- 266 Liability of partners and unincorporated associations
- 267 Liability for employees and agents
- 268 Court may order reimbursement of investigation costs
- 269 Alternative verdicts
Division 2--Specified environmental offences
- 270 Principles to be applied in imposing penalty for specified environmental offences
- 271 Additional court orders where specified environmental offence proved
- 272 CEO may take measures if order not complied with
Division 3--Criminal proceedings
- 273 Who can commence proceedings
- 274 Time for commencing prosecution
- 274A Notice of defence must be given
- 274B Statements of fact
- 274C Reports of analysis
- 275 Enforcement agency for Fines and Penalties (Recovery) Act 2001
PART 12--REVIEW OF DECISIONS
PART 13--GENERAL MATTERS
Division 1--Delegation
Division 2--Service
- 280 Service
Division 2A--Protection from liability
- 280A Protection from liability
Division 3--Confidentiality of information
Division 4--Public register
- 284 Public register
Division 4A--Failure by decision-maker to meet specified time or publish decision or statement of reasons
- 284A Failure of decision-maker to make decision or do thing within specified time
- 284B Failure to publish decision or statement of reasons
Division 5--Directions to provide information
- 285 Direction notice
- 286 Methodologies
- 287 Proponent or approval holder to provide information
- 288 Proponent or approval holder may seek exemption
- 289 Publication of information
Division 6--Report by CEO
- 290 CEO to report on enforcement and compliance
Division 7--Guidance and procedural documents
Division 7A--Analysts
- 292A Meaning of analyst
Division 8--Regulations
- 293 Regulations
PART 14--REPEALS AND TRANSITIONAL MATTERS
Division 1--Acts repealed
- 294 Acts repealed
Division 2--Transitional matters
- 295 Definitions
- 296 Saving of existing assessments commenced but not completed
- 297 Termination of assessment under former Act
- 298 Environmental audit
- 299 Assessment report
- 300 Assessment report completed under former Act before commencement
- 300A Assessment report completed under former Act and action commenced before commencement
- 301 Assessment report completed under former Act after commencement
- 301A Assessment report completed under former Act before, and action commenced after, commencement
- 302 Process for environmental approval