WASTE MANAGEMENT AND POLLUTION CONTROL ACT 1998

Table of Provisions

• Long Title

PART 1--PRELIMINARY

• 1 Short title  
• 2 Commencement  
• 3 Act binds Crown  
• 4 Interpretation  
• 5 Objectives  
• 6 Application  
• 7 Civil remedies and common law not affected  

PART 2--ADMINISTRATION

• 8 Delegation  
• 9 Register  
• 10 Commercially confidential information  
• 11 Consultative committees  

PART 3--ENVIRONMENTAL DUTIES

• 12 General environmental duty  
• 13 Person complying with code complies with general environmental duty  
• 14 Duty to notify of incidents causing or threatening to cause pollution  

PART 4--ENVIRONMENT PROTECTION OBJECTIVES

Division 1--Purpose and contents of objectives

• 15 Purpose of environment protection objectives  
• 16 Matters dealt with by environment protection objectives  
• 17 Contents of environment protection objectives  
• 18 Beneficial uses, &c., under Water Act 1992 are environment protection objectives  

Division 2--Preparation and exhibition of proposed objectives

• 19 Notification of intention to prepare draft environment protection objectives  
• 20 Preparation and exhibition of draft objectives  
• 21 Submission of draft environment protection objectives to Administrator  
• 22 National environment protection measure may be incorporated as environment protection objective  
• 23 Administrator may approve environment protection objective  
• 24 Overlap between national measure and other objective or law  
• 25 Objectives to be available to public  

Division 3--Amendment and revocation of objectives

• 26 Amendment of objectives  
• 27 Minor amendments to objectives  
• 28 Procedure for revocation  
• 29 Revocation of objectives  

PART 5--ENVIRONMENT PROTECTION APPROVALS AND LICENCES, BEST PRACTICE LICENCES AND EMERGENCY AUTHORISATIONS

Division 1--Grant of approvals and licences

• 30 Where approval or licence required  
• 31 Application for approvals and licences  
• 32 Matters to be considered in granting approvals and licences  
• 33 Additional matters to be considered in granting best practice licence  
• 34 Grant of approvals and licences  

Division 2--Conditions of approvals and licences

• 35 Conditions of approvals and licences  
• 36 Conditions relating to financial assurances  
• 37 Application to amend or revoke conditions  
• 38 Amendment or revocation of conditions  

Division 3--Miscellaneous

• 39 Person must comply with approval or licence  
• 40 Duration and renewal of licences  
• 41 Duration of approval  
• 42 Annual fee  
• 43 Notification of ceasing to conduct licensed activity and surrender of licence  
• 44 Best practice licence may be downgraded to environment protection licence, &c.  
• 45 Suspension and cancellation of licences  
• 46 Transfer of environment protection approval or environment protection licence  

Division 3A--Emergency authorisation

• 46A Emergency authorisation  
• 46B Person must comply with emergency authorisation  

PART 6--ENVIRONMENTAL AUDITS

• 47 Environmental audits  
• 48 NT EPA may require environmental audit program to be carried out  
• 49 Court may order environmental audit program to be carried out  
• 50 Amendment and revocation of environmental audit programs  
• 51 Performance and reporting under program  
• 52 Offences  
• 53 Audit results may be placed on register  
• 54 Voluntary environmental audit results are privileged  

PART 7--COMPLIANCE PLANS

• 55 Purpose of compliance plans  
• 56 Contents of compliance plans  
• 57 Voluntary compliance plans  
• 58 NT EPA may require compliance plan  
• 59 Court may order compliance plan  
• 60 Matters to be taken into account in determining whether to approve compliance plan  
• 61 Approval of compliance plans  
• 62 Effect of compliance plans  
• 63 Offences in relation to compliance plans  
• 64 Amendment and revocation of compliance plans  
• 65 NT EPA to notify of approval of compliance plan  

PART 8--PERFORMANCE AGREEMENTS

• 66 NT EPA may enter into performance agreements  

PART 9--ACCREDITATION

• 67 Qualified persons to perform environmental audits for programs, &c.  
• 68 Register of qualified persons  
• 69 Qualifications for registration  

PART 10--ENFORCEMENT

Division 1--Authorised officers

• 70 Authorised officers  
• 71 Identity cards  
• 72 Powers of authorised officers  
• 73 Exercise of powers in relation to residential premises  
• 74 Authorised officer may require information  
• 75 Self-incrimination  
• 76 Obstructing authorised officers  

Division 2--Pollution abatement notices

• 77 NT EPA may issue pollution abatement notices  
• 78 Authorised officer may issue pollution abatement notices in emergencies  
• 79 Contents of pollution abatement notices  
• 80 Person to comply with abatement notice  
• 81 Memorial of notice to be lodged with Registrar-General  
• 82 Amendment and revocation of notices  

PART 11--OFFENCES, PENALTIES AND CRIMINAL PROCEEDINGS

Division 1--Offences

• 83 General environmental offences  
• 84 Defences to general environmental offence  
• 85 Alternative verdicts available  
• 86 Application of Environmental Offences And Penalties Act  
• 87 General penalty and continuing offences  
• 88 Regulatory offences  
• 89 Confidentiality  

Division 2--Liability in relation to companies, partnerships, &c.

• 90 Actions, &c., of employee or agent of body corporate are those of body corporate  
• 91 Criminal liability of executive officer of body corporate  
• 92 Liability of partners and unincorporated associations  
• 93 Liability for employees and agents  

Division 3--Criminal proceedings

• 94 Limitation on proceedings  
• 95 Notice of defence must be given  
• 96 Averments and evidence  
• 97 Additional court orders where offence proved  
• 98 Forfeiture  
• 99 Enforcement agency for Fines and Penalties (Recovery) Act 2001  

PART 12--MISCELLANEOUS

Division 1--Liabilities

• 100 Territory may compensate for damage  
• 101 Costs of taking action to be debt due and payable  
• 102 Debts due to Territory, &c.  
• 103 Claims against financial assurances  
• 104 Certification of expenses  
• 105 Compensation may be claimed from third parties  
• 106 Just compensation to be paid  
• 107 Liability of persons acting under this Act  

Division 2--Review of decisions

• 108 Application for review  
• 109 Applications for further review  
• 110 Conduct of review  
• 111 Review procedure and determination  

Division 3--Instruments, &c.

• 112 Obligations where land to which certain instruments relate is to be sold, leased, &c.  
• 113 Service of notices and public notice  
• 114 Recognition of certain interstate instruments  
• 115 Information may be provided to certain people  
• 116 Act to be reviewed every 5 years  

Division 4--Regulations

• 117 Regulations  
• 118 Regulations may provide for exemptions  
• 119 Regulations may contain savings and transitional provisions  
• 120 Instruments in Regulations to be available for viewing  

PART 13--REPEAL

• 121 Repeal  

PART 14--TRANSITIONAL MATTERS FOR NORTHERN TERRITORY ENVIRONMENT PROTECTION AUTHORITY ACT 2012

• 122 Definitions  
• 123 Continuation of ongoing matters  

PART 15--TRANSITIONAL MATTERS FOR STATUTE LAW AMENDMENT (DIRECTORS' LIABILITY) ACT 2015

• 124 Offences – before and after commencement  

PART 16--TRANSITIONAL MATTERS FOR ENVIRONMENT PROTECTION ACT 2019

• 125 Definition  
• 126 Environmental assessment completed before commencement  
• SCHEDULE 1
• SCHEDULE 2
ENDNOTES