WASTE MANAGEMENT AND POLLUTION CONTROL ACT 1998
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
