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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
ENVIRONMENTAL
PROTECTION BILL 1994
Queensland
ENVIRONMENTAL PROTECTION BILL
1994
TABLE OF PROVISIONS
Section Page
CHAPTER 1--PRELIMINARY
PART 1--INTRODUCTORY PROVISIONS
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
PART 2--OBJECT AND ACHIEVEMENT OF ACT
3 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4 How object of Act is to be achieved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5 Obligations of persons to achieve object of Act . . . . . . . . . . . . . . . . . . . . . . 16
6 Community involvement in administration of Act . . . . . . . . . . . . . . . . . . . . 16
PART 3--INTERPRETATION
Division 1--Standard definitions
7 Definitions--the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 2--Key definitions
Subdivision 1--The environment and its values
8 Environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
9 Environmental value . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Subdivision 2--Environmental contamination
10 Contamination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
11 Contaminant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
12 Noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
13 Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Subdivision 3--Environmental harm and nuisance
14 Environmental harm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2
Environmental Protection
15 Environmental nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
16 Material environmental harm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
17 Serious environmental harm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Subdivision 4--Environmental management
18 Best practice environmental management . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 4--OPERATION OF ACT
19 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
20 Effect of Act on other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
21 Effect of Act on other rights, civil remedies etc. . . . . . . . . . . . . . . . . . . . . . 21
22 Extra-territorial application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
CHAPTER 2--ENVIRONMENTAL PROTECTION POLICIES
23 Preparation of draft policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
24 Scope of policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
25 Contents of policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
26 Notice of proposal to prepare draft policy . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
27 Preparation of draft policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
28 Notice of preparation of draft policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
29 Preparation of final policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
30 Approval of final policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
31 Giving effect to policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
32 Amendment and repeal of policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
33 Review of policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
34 Effect of national environment protection measures . . . . . . . . . . . . . . . . . . . 27
CHAPTER 3--ENVIRONMENTAL MANAGEMENT
PART 1--INTERPRETATION
35 Application date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
PART 2--ENVIRONMENTAL DUTIES
36 General environmental duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
37 Duty to notify environmental harm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART 3--ENVIRONMENTALLY RELEVANT ACTIVITIES
38 Environmentally relevant activities may be prescribed . . . . . . . . . . . . . . . . 30
39 Level 1 environmentally relevant activities to be licensed . . . . . . . . . . . . . 30
3
Environmental Protection
40 Approvals required to carry out certain level 2 environmentally
relevant activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
PART 4--ENVIRONMENTAL AUTHORITIES
Division 1--Applications for, and grant of, environmental
authorities
41 Application for environmental authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
42 Public notice of applications for licences . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
43 Administering authority to decide application for authority . . . . . . . . . . . . . 32
44 Criteria for deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
45 Grant of application for environmental authority . . . . . . . . . . . . . . . . . . . . . 33
46 Conditions of environmental authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
47 Provisional licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
48 Refusal of application for environmental authority . . . . . . . . . . . . . . . . . . . . 35
Division 2--Amendment of licences
49 Amendment of licence on application of licensee . . . . . . . . . . . . . . . . . . . . 37
50 Amendment of licence by administering authority . . . . . . . . . . . . . . . . . . . . 39
51 Procedure for amending licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 3--Dealings with licences
52 Surrender of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
53 Notice of disposal by licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
54 Notice of ceasing to carry out licensed activity . . . . . . . . . . . . . . . . . . . . . . 41
55 Application for transfer of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
56 Administering authority to decide application for transfer of licence . . . . . 42
57 Grant of application for transfer of licence . . . . . . . . . . . . . . . . . . . . . . . . . . 42
58 Refusal of application for transfer of licence . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 4--Suspension and cancellation of licences
59 Licence may be suspended or cancelled . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
60 Procedure for suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 5--General
61 Administering authority may require additional information . . . . . . . . . . . . 45
62 Authority may inquire into suitability of applicants . . . . . . . . . . . . . . . . . . . 45
63 Authority may call conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
64 Extensions of time for decision on applications . . . . . . . . . . . . . . . . . . . . . . 46
4
Environmental Protection
65 Substantial compliance with Act may be accepted as compliance . . . . . . 47
66 Failure to decide applications taken to be refusal . . . . . . . . . . . . . . . . . . . . 47
67 Annual licence fee and return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
68 Death of licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
69 Offence to contravene condition of licence . . . . . . . . . . . . . . . . . . . . . . . . . . 48
PART 5--ENVIRONMENTAL EVALUATIONS
70 What is an environmental evaluation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
71 When environmental audit required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
72 When environmental investigation required . . . . . . . . . . . . . . . . . . . . . . . . . 49
73 Notice to conduct or commission environmental evaluation . . . . . . . . . . . . 50
74 Declarations to accompany report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
75 Administering authority to consider and act on environmental reports . . . . 51
76 Costs of environmental evaluation and report . . . . . . . . . . . . . . . . . . . . . . . . 52
77 Extensions of time for decisions on submission of environmental
reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
78 Failure to make decision on environmental report taken to be refusal . . . . 53
PART 6--ENVIRONMENTAL MANAGEMENT PROGRAMS
79 What is an environmental management program? . . . . . . . . . . . . . . . . . . . . 53
80 Content of program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
81 Administering authority may require draft program . . . . . . . . . . . . . . . . . . . 54
82 Voluntary submission of draft program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
83 Fee for consideration of draft program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
84 Public notice of submission for approval of certain draft programs . . . . . . . 55
85 Administering authority may require additional information . . . . . . . . . . . . 56
86 Authority may call conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
87 Administering authority to consider draft programs . . . . . . . . . . . . . . . . . . . 57
88 Criteria for deciding draft program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
89 Approval of draft program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
90 Refusal to approve draft program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
91 Extensions of time for decisions on submission of draft programs . . . . . . . . 58
92 Substantial compliance with Act may be accepted as compliance . . . . . . 59
93 Failure to approve draft program taken to be refusal . . . . . . . . . . . . . . . . . . 59
5
Environmental Protection
94 Annual return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
95 Compliance with program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
96 Effect of compliance with program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
97 Notice of disposal by holder of program approval . . . . . . . . . . . . . . . . . . . . . 60
98 Notice of ceasing activity by holder of program approval . . . . . . . . . . . . . . 61
99 Compliance with Act at completion of program . . . . . . . . . . . . . . . . . . . . . . 61
PART 7--SPECIAL PROVISIONS ABOUT VOLUNTARY
SUBMISSION OF ENVIRONMENTAL MANAGEMENT
PROGRAMS
100 Program notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
101 Program notice privileged . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
102 Authority to act on notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
103 Effect of program notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
104 Effect of failure to comply with program . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
105 Authority may apply to court for order setting aside immunity
from prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
106 Court to decide application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
107 Power of Court to make order pending decision on application . . . . . . . . . 65
PART 8--ENVIRONMENTAL PROTECTION ORDERS
108 When order may be issued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
109 Standard criteria to be considered before issue of order . . . . . . . . . . . . . . . . 66
110 Form and content of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
111 Offence not to comply with order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
112 Notice of disposal by recipient . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
113 Notice of ceasing to carry out activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
PART 9--FINANCIAL ASSURANCES
114 When financial assurance may be required . . . . . . . . . . . . . . . . . . . . . . . . . . 69
115 Person may show cause why financial assurance should not be required . . 70
116 Application for amendment or discharge of financial assurance . . . . . . . . . 70
117 Claims on financial assurances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
PART 10--ENVIRONMENTAL OFFENCES
118 Unlawful environmental harm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
119 Offences of causing serious environmental harm . . . . . . . . . . . . . . . . . . . . . 72
6
Environmental Protection
120 Offences of causing material environmental harm . . . . . . . . . . . . . . . . . . . . 73
121 Court may find defendant guilty of causing material
environmental harm if charged with causing serious environmental harm . 73
122 Offence of causing environmental nuisance . . . . . . . . . . . . . . . . . . . . . . . . . 73
123 Offences of contravention of environmental protection policies . . . . . . . . . 74
124 Offence of releasing prescribed contaminant . . . . . . . . . . . . . . . . . . . . . . . . 74
125 Offence to place contaminant where environmental harm or
nuisance may be caused . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
126 Offence of interfering with monitoring equipment . . . . . . . . . . . . . . . . . . . . 75
CHAPTER 3--INVESTIGATION AND ENFORCEMENT
PART 1--ADMINISTRATION GENERALLY
127 Appointment of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
128 Terms of appointment of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . 76
129 Powers of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
130 Issue of identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
131 Production of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
132 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
133 Administering authority may require relevant information . . . . . . . . . . . . . . 78
PART 2--POWERS OF INSPECTORS FOR PLACES AND
VEHICLES
134 Entry of place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
135 Entry of land--search, test, sample etc. for release of contaminant . . . . . . 80
136 Warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
137 Warrants--applications made otherwise than in person . . . . . . . . . . . . . . . . 81
138 Entry or boarding of vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
139 General powers for places and vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
140 Power to seize evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
141 Procedure after seizure of evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
142 Forfeiture of seized thing on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
PART 3--OTHER ENFORCEMENT POWERS OF INSPECTORS
143 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
144 Power to require answers to questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
145 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
7
Environmental Protection
PART 4--SPECIAL ENVIRONMENTAL PROTECTION
PROVISIONS FOR CERTAIN NOISE
146 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
147 Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
148 Complaint to police about noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
149 Powers of police officers on investigation of complaint . . . . . . . . . . . . . . . . 90
150 Additional powers of police officers on later investigation . . . . . . . . . . . . . 91
151 Police officer to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
152 Recovery of seized property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
153 Recovery of costs of seizure etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
154 General powers and role of police officers . . . . . . . . . . . . . . . . . . . . . . . . . . 93
PART 5--EMERGENCY POWERS OF INSPECTORS
155 Emergency powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
156 Inspector may direct emergency release of contaminant . . . . . . . . . . . . . . . 96
PART 6--OFFENCES
157 Failure of authorised person to return identity card . . . . . . . . . . . . . . . . . . . 96
158 Failure to give information to administering authority . . . . . . . . . . . . . . . . . 96
159 Failure to comply with signal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
160 Failure to comply with requirements about vehicles . . . . . . . . . . . . . . . . . . 97
161 Failure to help authorised person--emergency . . . . . . . . . . . . . . . . . . . . . . . 98
162 Failure to help authorised person--other cases . . . . . . . . . . . . . . . . . . . . . . . 99
163 Failure to give name and address etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
164 Failure to answer questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
165 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
166 Compliance with noise abatement direction . . . . . . . . . . . . . . . . . . . . . . . . 100
167 Offence to interfere with locked etc. property . . . . . . . . . . . . . . . . . . . . . . . 101
168 Failure to comply with authorised person's direction in emergency . . . . . 101
169 Offences in relation to release of contaminant in emergency . . . . . . . . . . 101
170 False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . . . . . . 102
171 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
172 Obstruction of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
173 Impersonation of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
8
Environmental Protection
174 Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
PART 7--GENERAL
175 Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
176 Inspector to give notice of seizure or damage . . . . . . . . . . . . . . . . . . . . . . . 104
177 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
178 Administering authority to reimburse costs and expenses incurred . . . . . . 106
CHAPTER 4--LEGAL PROCEEDINGS
PART 1--EVIDENCE
179 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
180 Special evidentiary provision--environmental nuisance . . . . . . . . . . . . . . 108
181 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . 109
PART 2--EXECUTIVE OFFICER LIABILITY
182 Executive officers must ensure corporation complies with Act . . . . . . . . . 109
PART 3--LEGAL PROCEEDINGS
183 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
184 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
185 Limitation on who may summarily hear indictable offence proceedings . 111
186 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . 111
187 Notice of defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
188 Proof of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
189 Fines payable to local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
190 Recovery of costs of rehabilitation or restoration etc. . . . . . . . . . . . . . . . . 112
191 Court may order payment of compensation etc. . . . . . . . . . . . . . . . . . . . . . 113
192 Recovery of costs of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
PART 4--RESTRAINT ORDERS
193 Restraint of contraventions of Act etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
194 Power of Court to make order pending determination of proceeding . . . . 117
CHAPTER 5--ADMINISTRATION
PART 1--DEVOLUTIONS
195 Devolution of powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
PART 2--DELEGATIONS
196 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
9
Environmental Protection
197 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
198 Delegation by administering authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
PART 3--REVIEW OF DECISIONS AND APPEALS
Division 1--Interpretation
199 Dissatisfied person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
200 Original decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
Division 2--Internal review of decisions
201 Procedure for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
202 Stay of operation of original decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Division 3--Appeals
203 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
204 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
205 Appellant to give notice of appeal to other parties . . . . . . . . . . . . . . . . . . . 124
206 Persons may elect to become respondents to appeal . . . . . . . . . . . . . . . . . 124
207 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
208 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
209 Assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
210 Appeals may be heard with planning appeals . . . . . . . . . . . . . . . . . . . . . . . 125
211 Powers of Court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
PART 4--GENERAL
212 Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
213 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
214 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
215 Advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
216 Annual reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
217 State of environment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
CHAPTER 6--MISCELLANEOUS
218 Codes of practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
219 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
220 Integrated development approval system regulations and guidelines . . . . 131
10
Environmental Protection
CHAPTER 7--REPEALS, AMENDMENTS, SAVINGS AND
TRANSITIONAL
PART 1--REPEALS AND CONSEQUENTIAL AMENDMENTS
221 Acts repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
222 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
PART 2--SAVINGS AND TRANSITIONAL
Division 1--Preliminary
223 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
224 Expiry of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
Division 2--Savings and transitional provisions (Clean Air Act 1963
and Clean Waters Act 1971)
225 Existing licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
226 Licence applications under repealed Acts . . . . . . . . . . . . . . . . . . . . . . . . . . 133
227 Expiry of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
Division 3--Transitional Provisions (State Environment Act 1988)
228 State Environment Trust Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
229 Expiry of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
Division 4--Transitional Provisions (Noise Abatement Act 1978)
230 Noise is not environmental nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
231 Expiry of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
Division 5--Savings and transitional provisions (Health Act 1937)
232 Agreements under s 10A Health Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
233 Expiry of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Division 6--Miscellaneous transitional provisions
234 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
235 Existing environmentally relevant activities to be licensed . . . . . . . . . . . 136
236 Application of Chapter 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
237 Special transitional provision for agricultural industry . . . . . . . . . . . . . . . . 137
238 Special transitional provision for mining industry . . . . . . . . . . . . . . . . . . . . 137
239 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
240 Expiry of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 139
ORIGINAL DECISIONS
11
Environmental Protection
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 141
ACTS REPEALED
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . 143
ACT AMENDED
FIGURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
DICTIONARY . . . . . . . . . . . . . . . . . . . . . . 145
1994
A BILL
FOR
An Act about the protection of Queensland's environment
s1 14 s4
Environmental Protection
The Parliament of Queensland enacts-- 1
HAPTER 1--PRELIMINARY 2
C
PART 1--INTRODUCTORY PROVISIONS 3
title 4
Short
1. This Act may be cited as the Environmental Protection Act 1994. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
PART 2--OBJECT AND ACHIEVEMENT OF ACT 8
9
Object
3. The object of this Act is to protect Queensland's environment while 10
allowing for development that improves the total quality of life, both now 11
and in the future, in a way that maintains the ecological processes on which 12
life depends ("ecologically sustainable development"). 13
object of Act is to be achieved 14
How
4.(1) The protection of Queensland's environment is to be achieved by 15
an integrated management program that is consistent with ecologically 16
sustainable development. 17
(2) The program is cyclical and involves the following phases-- 18
s4 15 s4
Environmental Protection
(a) Phase 1--establishing the state of the environment and defining 1
environmental objectives; 2
(b) Phase 2--developing effective environmental strategies; 3
(c) Phase 3--implementing environmental strategies and integrating 4
them into efficient resource management; 5
(d) Phase 4--ensuring accountability of environmental strategies. 6
(3) The relationship between each of the phases is shown in the figure 7
appearing before the dictionary. 8
(4) Phase 1 is achieved by-- 9
(a) researching the state of the environment, including essential 10
ecological processes; and 11
(b) deciding environmental values to be protected or achieved by 12
consulting industry, government departments and the 13
community. 14
(5) Phase 2 is achieved by-- 15
(a) developing environmental protection policies that, among other 16
things-- 17
(i) decide environmental indicators; and 18
(ii) establish ambient and emission standards for contaminants; 19
and 20
(iii) require waste management, including waste prevention and 21
minimisation; and 22
(iv) advise on management practices; and 23
(b) promoting environmental responsibility and involvement within 24
the community. 25
(6) Phase 3 is achieved by-- 26
(a) integrating environmental values into land use planning and 27
management of natural resources; and 28
(b) ensuring all reasonable and practicable measures are taken to 29
protect environmental values from all sources of environmental 30
harm; and 31
s5 16 s7
Environmental Protection
(c) monitoring the impact of the release of contaminants into the 1
environment; and 2
(d) requiring persons who cause environmental harm to pay costs 3
and penalties for the harm. 4
(7) Phase 4 is achieved by-- 5
(a) reviewing the results of human activities on the environment; and 6
(b) evaluating the efficiency and effectiveness of environmental 7
strategies; and 8
(c) reporting publicly on the state of the environment. 9
of persons to achieve object of Act 10
Obligations
5. If, under this Act, a function or power is conferred on a person, the 11
person must perform the function or exercise the power in the way that best 12
achieves the object of this Act. 13
involvement in administration of Act 14
Community
6. This Act is to be administered, as far as practicable, in consultation 15
with, and having regard to the views and interests of, industry, Aborigines 16
and Torres Strait Islanders under Aboriginal tradition and Island custom, 17
interested groups and persons and the community generally. 18
ART 3--INTERPRETATION 19
P
Division 1--Standard definitions 20
dictionary 21
Definitions--the
7.(1) The dictionary at the end of this Act defines particular words used 22
in this Act. 23
(2) To remove any doubt, the dictionary is a schedule. 24
s8 17 s 10
Environmental Protection
Division 2--Key definitions 1
Subdivision 1--The environment and its values 2
3
Environment
8. "Environment" includes-- 4
(a) ecosystems and their constituent parts, including people and 5
communities; and 6
(b) all natural and physical resources; and 7
(c) the qualities and characteristics of locations, places and areas, 8
however large or small, that contribute to their biological diversity 9
and integrity, intrinsic or attributed scientific value or interest, 10
amenity, harmony and sense of community; and 11
(d) the social, economic, aesthetic and cultural conditions that affect, 12
or are affected by, things mentioned in paragraphs (a) to (c). 13
value 14
Environmental
9. "Environmental value" is-- 15
(a) a quality or physical characteristic of the environment that is 16
conducive to ecological health or public amenity or safety; or 17
(b) another quality of the environment identified and declared to be an 18
environmental value under an environmental protection policy or 19
regulation. 20
Subdivision 2--Environmental contamination 21
22
Contamination
10. "Contamination" of the environment is the release (whether by act 23
or omission) of a contaminant into the environment. 24
s 11 18 s 14
Environmental Protection
1
Contaminant
11. A "contaminant" can be-- 2
(a) a gas, liquid or solid; or 3
(b) an odour; or 4
(c) an organism (whether alive or dead), including a virus; or 5
(d) energy, including noise, heat, radioactivity and electromagnetic 6
radiation; or 7
(e) a combination of contaminants. 8
9
Noise
12. "Noise" includes vibration of any frequency, whether emitted 10
through air or another medium. 11
12
Waste
13. "Waste" includes any gas, liquid, solid or energy (or a combination 13
of wastes) that is surplus to, or unwanted from, any industrial, commercial, 14
domestic or other activity, whether or not of value. 15
Subdivision 3--Environmental harm and nuisance 16
harm 17
Environmental
14.(1) "Environmental harm" is any adverse effect, or potential 18
adverse effect (whether temporary or permanent and of whatever 19
magnitude, duration or frequency) on an environmental value. 20
(2) "Environmental harm" may be caused by an activity-- 21
(a) whether the harm is a direct or indirect result of the activity; or 22
(b) whether the harm results from the activity alone or from the 23
combined effects of the activity and other activities or factors. 24
s 15 19 s 17
Environmental Protection
nuisance 1
Environmental
15. "Environmental nuisance" is unreasonable interference or likely 2
interference with an environmental value caused by-- 3
(a) noise, dust, odour, light; or 4
(b) an unhealthy, offensive or unsightly condition because of 5
contamination; or 6
(c) another way prescribed by regulation. 7
environmental harm 8
Material
16.(1) "Material environmental harm" is environmental harm (other 9
than environmental nuisance)-- 10
(a) that is not trivial or negligible in nature, extent or context; or 11
(b) that causes actual or potential loss or damage to property of an 12
amount of, or amounts totalling, more than the threshold amount 13
but less than the maximum amount; or 14
(c) that results in costs of more than the threshold amount but less 15
than the maximum amount being incurred in taking appropriate 16
action to-- 17
(i) prevent or minimise the harm; and 18
(ii) rehabilitate or restore the environment to its condition before 19
the harm. 20
(2) In this section-- 21
"maximum amount" means the threshold amount for serious 22
environmental harm. 23
"threshold amount" means $5 000 or, if a greater amount is prescribed by 24
regulation, the greater amount. 25
environmental harm 26
Serious
17.(1) "Serious environmental harm" is environmental harm (other 27
than environmental nuisance)-- 28
(a) that causes actual or potential harm to environmental values that is 29
s 18 20 s 18
Environmental Protection
irreversible, of a high impact or widespread; or 1
(b) that causes actual or potential harm to environmental values of an 2
area of high conservation value or special significance; or 3
(c) that causes actual or potential loss or damage to property of an 4
amount of, or amounts totalling, more than the threshold amount; 5
or 6
(d) that results in costs of more than the threshold amount being 7
incurred in taking appropriate action to-- 8
(i) prevent or minimise the harm; and 9
(ii) rehabilitate or restore the environment to its condition before 10
the harm. 11
(2) In this section-- 12
"threshold amount" means $50 000 or, if a greater amount is prescribed 13
by regulation, the greater amount. 14
4--Environmental management 15
Subdivision
practice environmental management 16
Best
18.(1) The "best practice environmental management" of an activity 17
is the management of the activity to achieve an ongoing minimisation of the 18
activity's environmental harm through cost-effective measures assessed 19
against the measures currently used nationally and internationally for the 20
activity. 21
(2) In deciding the "best practice environmental management" of an 22
activity, regard must be had to the following measures-- 23
(a) strategic planning by the person carrying out, or proposing to 24
carry out, the activity; 25
(b) administrative systems put into effect by the person, including 26
staff training and monitoring and review of the systems; 27
(c) public consultation carried out by the person; 28
(d) product and process design; 29
s 19 21 s 21
Environmental Protection
(e) waste prevention, treatment and disposal. 1
(3) Subsection (2) does not limit the measures to which regard may be 2
had in deciding the "best practice environmental management" of an 3
activity. 4
PART 4--OPERATION OF ACT 5
binds all persons 6
Act
19. This Act binds all persons, including the State, and, as far as the 7
legislative power of the Parliament permits, the Commonwealth and the 8
other States. 9
of Act on other Acts 10
Effect
20.(1) This Act is in addition to, and does not limit, any other Act. 11
(2) However, this Act does not apply to a circumstance if any of the 12
following Acts apply to the circumstance-- 13
· Ambulance Service Act 1991 14
· Fire Service Act 1990 15
· Pollution of Waters by Oil Act 1973 16
· Radioactive Substances Act 1958 17
· State Counter-Disaster Organization Act 1975. 18
of Act on other rights, civil remedies etc. 19
Effect
21.(1) This Act does not limit any civil right or remedy that exists apart 20
from this Act, whether at common law or otherwise. 21
(2) Without limiting subsection (1), compliance with this Act does not 22
necessarily show that an obligation that exists apart from this Act has been 23
satisfied or has not been breached. 24
s 22 22 s 24
Environmental Protection
(3) In addition, a breach of the general environmental duty does not, of 1
itself, give rise to a civil right or remedy. 2
application of Act 3
Extra-territorial
22. A person commits an offence against this Act if-- 4
(a) the person causes environmental harm within the State by 5
conduct engaged in outside the State; and 6
(b) the conduct would constitute the offence against this Act if it were 7
engaged in by the person within the State. 8
HAPTER 2--ENVIRONMENTAL PROTECTION 9
C
POLICIES 10
of draft policies 11
Preparation
23. The Minister may prepare a draft environmental protection policy to 12
protect Queensland's environment.1 13
of policies 14
Scope
24.(1) An environmental protection policy may be made about the 15
environment or anything that affects or may affect the environment.2 16
(2) Without limiting subsection (1), an environmental protection policy 17
may be made about any of the following-- 18
(a) a contaminant, including, for example, an ozone depleting 19
1 An environmental protection policy may be prepared on the Minister's own
initiative or if asked by someone else.
2 Under section 24 of the Statutory Instruments Act 1992, a statutory instrument
may be of general or limited application, eg. an instrument may apply generally
throughout the State or be limited in its application to a particular part of the
State.
s 25 23 s 25
Environmental Protection
substance; 1
(b) an industry or activity; 2
(c) a technology or process; 3
(d) an environmental value; 4
(e) waste management; 5
(f) contamination control practice; 6
(g) land, air or water quality; 7
(h) noise; 8
(i) litter. 9
of policies 10
Contents
25.(1) An environmental protection policy must-- 11
(a) state that the policy applies to the environment generally or to an 12
aspect or part of the environment specified in the policy; and 13
(b) identify the environmental values to be enhanced or protected 14
under the policy. 15
(2) An environmental protection policy may-- 16
(a) state the objectives to be achieved and maintained under the 17
policy; or 18
(b) state indicators, parameters, factors or criteria to be used in 19
measuring or deciding any quality or condition of the 20
environment; or 21
(c) establish a program by which the stated objectives are to be 22
achieved and maintained, including, for example, the following-- 23
(i) quantifying ambient conditions; 24
(ii) the qualities and maximum quantities of any contaminant 25
permitted to be released into the environment; 26
(iii) the minimum standards to be complied with in the 27
installation or operation of vehicles, plant or equipment for 28
the control of contaminants or waste from stated sources or 29
s 26 24 s 26
Environmental Protection
places; 1
(iv) measures designed to protect the environment or minimise 2
the possibility of environmental harm; or 3
(d) provide for a program performance assessment procedure. 4
(3) An environmental protection policy may make provision about any 5
matter for which a regulation may be made under this Act, including, for 6
example, prescribing offences for contraventions of the policy, and fixing a 7
maximum penalty of a fine of not more than 40 penalty units for the 8
contravention. 9
of proposal to prepare draft policy 10
Notice
26.(1) Before preparing a draft environmental protection policy, the 11
Minister must give public notice of a proposal to prepare the draft policy. 12
(2) The notice must-- 13
(a) be published-- 14
(i) once a week for 2 consecutive weeks in a newspaper 15
circulating generally throughout the State; and 16
(ii) if the policy applies only to a particular area of the State--in 17
a newspaper circulating generally in the area; and 18
(b) if the policy is about an aspect or part of the environment--state 19
the aspect or part; and 20
(c) state where copies of the proposal may be obtained; and 21
(d) invite submissions on the proposal to prepare the draft policy 22
from government departments, public authorities, local 23
governments, land-holders, industry, interested groups and 24
persons and members of the public; and 25
(e) state a day by which submissions may be made to the Minister. 26
(3) The last day for making submissions must be at least 40 days after 27
the first publication of the notice in the newspaper mentioned in 28
subsection (2)(a)(i). 29
(4) The Minister may also publish the notice in other ways. 30
s 27 25 s 29
Environmental Protection
of draft policy 1
Preparation
27. In preparing a draft environmental protection policy, the Minister 2
must consider all submissions properly made to the Minister. 3
of preparation of draft policy 4
Notice
28.(1) When a draft environmental protection policy has been prepared, 5
the Minister must give public notice of the draft policy. 6
(2) The notice must-- 7
(a) be published-- 8
(i) once a week for 2 consecutive weeks in a newspaper 9
circulating generally throughout the State; and 10
(ii) if the policy applies only to a particular area of the State--in 11
a newspaper circulating generally in the area; and 12
(b) state where copies of the draft policy may be obtained; and 13
(c) invite submissions on the draft policy from government 14
departments, public authorities, local governments, land-holders, 15
industry, interested groups and persons and members of the 16
public; and 17
(d) state a day by which submissions may be made to the Minister. 18
(3) The last day for making submissions must be at least 40 days after 19
the first publication of the notice in the newspaper mentioned in 20
subsection (2)(a)(i). 21
(4) The Minister may also publish the notice in other ways. 22
of final policy 23
Preparation
29.(1) In preparing a final environmental protection policy, the Minister 24
must consider all submissions properly made to the Minister on the draft 25
policy. 26
(2) If, when making a submission, a person asks the Minister for a 27
response on the submission, the Minister must advise the person in writing 28
whether the submission was accepted or rejected and, if it was rejected, the 29
reasons for the rejection. 30
s 30 26 s 32
Environmental Protection
of final policy 1
Approval
30.(1) A final environmental protection policy is subordinate legislation 2
and does not have effect until it is approved by the Governor in Council. 3
(2) The chief executive must keep the approved policy open for 4
inspection by members of the public during office hours on business days 5
at-- 6
(a) the department's head office; and 7
(b) other places the chief executive considers appropriate. 8
effect to policies 9
Giving
31. On approval of an environmental protection policy, the administering 10
authority must give effect to the policy. 11
and repeal of policies 12
Amendment
32.(1) An environmental protection policy may be amended by a later 13
policy only if the procedures applying to the preparation and approval of 14
policies under this Chapter are followed for the later policy. 15
(2) However, subsection (1) does not apply to-- 16
(a) the amendment of an environmental protection policy to-- 17
(i) correct an error in the policy; or 18
(ii) make a change (other than a change of substance) in the 19
policy; or 20
(iii) if the policy or a regulation provides that an amendment of a 21
stated type may be made to the policy by amendment under 22
this subsection--make an amendment of that type; or 23
(b) the amendment or repeal of an environmental protection policy 24
because of the commencement under the national scheme laws of 25
a national environment protection measure. 26
(3) In addition, the following sections do not apply to the preparation and 27
approval of the later policy-- 28
s 33 27 s 35
Environmental Protection
· section 26 (Notice of proposal to prepare draft policy) 1
· section 27 (Preparation of draft policy). 2
of policies 3
Review
33.(1) The Minister must review each environmental protection policy 4
within 7 years after its commencement. 5
(2) To help the Minister review an environmental protection policy, the 6
chief executive must prepare a report on the policy's environmental 7
effectiveness and economic efficiency. 8
(3) In reviewing the policy, the Minister must have regard to the chief 9
executive's report. 10
(4) The procedures applying to the preparation and approval of policies 11
under this Chapter apply to the review of policies with all necessary changes 12
and any changes prescribed by regulation. 13
of national environment protection measures 14
Effect
34. If a national environment protection measure commences under the 15
national scheme laws, the measure is taken to be an environmental 16
protection policy approved under this Chapter if it is approved by 17
regulation. 18
HAPTER 3--ENVIRONMENTAL 19
C
MANAGEMENT 20
ART 1--INTERPRETATION 21
P
date 22
Application
35.(1) The "application date", for an application for, or transfer of, a 23
s 36 28 s 36
Environmental Protection
licence, or the approval of a draft environmental management program, is-- 1
(a) if, within 10 days after the application is made to, or the approval 2
is sought from, the administering authority, the authority requires 3
additional information about the licence, transfer or program--the 4
date the authority specifies as the application date in a written 5
notice given by the authority to the applicant; or 6
(b) if paragraph (a) does not apply--the date that is 14 days after the 7
application is made to the administering authority. 8
(2) However, the "application date" specified in a notice under 9
subsection (1)(a) must not be a date that is earlier than 2 days after the 10
applicant's receipt of the notice. 11
PART 2--ENVIRONMENTAL DUTIES 12
environmental duty 13
General
36.(1) A person must not carry out any activity that causes, or is likely to 14
cause, environmental harm unless the person takes all reasonable and 15
practicable measures to prevent or minimise the harm (the "general 16
environmental duty").3 17
(2) In deciding the measures required to be taken under subsection (1), 18
regard must be had to, for example-- 19
(a) the nature of the harm or potential harm; and 20
(b) the sensitivity of the receiving environment; and 21
(c) the current state of technical knowledge for the activity; and 22
(d) the likelihood of successful application of the different measures 23
that might be taken; and 24
(e) the financial implications of the different measures as they would 25
relate to the type of activity. 26
3 A breach of the general environmental duty does not, of itself, give rise to a civil
right or remedy--see section 21(3).
s 37 29 s 37
Environmental Protection
to notify environmental harm 1
Duty
37.(1) This section applies to a person who, while carrying out an activity 2
(the "primary activity"), becomes aware that serious or material 3
environmental harm is caused or threatened by the person's or someone 4
else's act or omission in carrying out the primary activity or another activity 5
being carried out in association with the primary activity. 6
(2) However, this section does not apply if the harm is authorised to be 7
caused under-- 8
(a) an environmental protection policy; or 9
(b) an environmental management program; or 10
(c) an environmental protection order; or 11
(d) an environmental authority; or 12
(e) an emergency direction. 13
(3) As soon as reasonably practicable after becoming aware of the event 14
involving the harm, the person must-- 15
(a) if the person is carrying out the primary activity during the 16
person's employment or engagement by, or as the agent of, 17
someone else (the "employer")-- 18
(i) tell the employer of the event, its nature and the 19
circumstances in which it happened; or 20
(ii) if the employer cannot be contacted--give written notice to 21
the administering authority of the event, its nature and the 22
circumstances in which it happened; or 23
(b) if paragraph (a) does not apply to the person--give written notice 24
to the administering authority of the event, its nature and the 25
circumstances in which it happened. 26
(4) If subsection (3)(a)(i) applies, the employer must immediately give 27
written notice to the administering authority of the event, its nature and the 28
circumstances in which it happened. 29
(5) A person must not, without reasonable excuse, fail to comply with 30
subsection (3) or (4). 31
Maximum penalty--100 penalty units. 32
s 38 30 s 39
Environmental Protection
(6) It is not a reasonable excuse for a person to fail to give notice to the 1
administering authority of the circumstances involving the harm on the 2
ground that the notice, or the giving of the notice, might tend to incriminate 3
the person. 4
(7) A notice given by a person is not admissible in evidence against the 5
person (or, if subsection (3)(a) applies, the person or employer) in a 6
prosecution for an offence against this Act constituted by the act or 7
omission that caused or threatened the harm under the notice. 8
(8) Subsection (7) does not prevent other evidence obtained because of 9
the notice, or the giving of the notice, being admitted in any legal proceeding 10
against the person (or employer). 11
PART 3--ENVIRONMENTALLY RELEVANT 12
ACTIVITIES 13
relevant activities may be prescribed 14
Environmentally
38.(1) An activity may be prescribed by regulation as an environmentally 15
relevant activity if the Governor in Council is satisfied-- 16
(a) a contaminant will or may be released into the environment when 17
the activity is carried out; and 18
(b) the release of the contaminant will or may cause environmental 19
harm. 20
(2) An environmentally relevant activity must be prescribed as a level 1 21
or level 2 environmentally relevant activity, depending on the risk of 22
environmental harm. 23
1 environmentally relevant activities to be licensed 24
Level
39. A person must not carry out a level 1 environmentally relevant 25
activity without a licence. 26
Maximum penalty--400 penalty units. 27
s 40 31 s 42
Environmental Protection
required to carry out certain level 2 environmentally 1
Approvals
relevant activities 2
40. A regulation may provide that a person must not carry out a level 2 3
environmentally relevant activity without an approval. 4
ART 4--ENVIRONMENTAL AUTHORITIES 5
P
Division 1--Applications for, and grant of, environmental authorities 6
for environmental authority 7
Application
41. An application for an environmental authority must-- 8
(a) be made to the administering authority in the approved form; and 9
(b) be supported by enough information to enable the authority to 10
decide the application, including, for example, relevant 11
information about the likely risks to the environment, details of 12
wastes to be generated and any waste minimisation strategy; and 13
(c) be accompanied by the appropriate application fee. 14
notice of applications for licences 15
Public
42.(1) Within 2 days after the application date for a licence, the applicant 16
must give public notice of the application by-- 17
(a) advertisement published in a newspaper circulating generally in 18
the area in which the environmentally relevant activity to which 19
the application relates is proposed to be carried out; and 20
(b) if the application relates to premises-- 21
(i) placing a notice on the premises; and 22
(ii) serving a notice on the occupiers of all premises adjoining 23
the premises. 24
(2) The notice must-- 25
s 43 32 s 43
Environmental Protection
(a) be in the approved form; and 1
(b) invite submissions on the application from government 2
departments, public authorities, local governments, land-holders, 3
industry, interested groups and persons and members of the 4
public; and 5
(c) state the day (at least 10 business days after compliance with 6
subsection (1)) nominated by the administering authority as the 7
day by which submissions may be made to the authority. 8
(3) From the application date to the review date,4 the administering 9
authority must-- 10
(a) keep the application open for inspection by members of the public 11
at-- 12
(i) if the authority is a local government--at the local 13
government's public office; or 14
(ii) if paragraph (a) does not apply--at the authority's head 15
office and the other places the administering executive 16
considers appropriate; and 17
(b) permit a person to take extracts from the application or, on 18
payment of the appropriate fee by a person, give the person a 19
copy of the application. 20
(4) The fee for a copy of the application or part of it is the amount that-- 21
(a) the administering authority considers to be reasonable; and 22
(b) is not more than the reasonable cost of making the copy. 23
authority to decide application for authority 24
Administering
43.(1) The administering authority must decide each application for an 25
environmental authority within 28 days after the application date. 26
(2) Before deciding an application for a licence, the administering 27
authority must be satisfied public notice of the application has been properly 28
given. 29
4 See section 201(2)(a)(i) for review date.
s 44 33 s 45
Environmental Protection
for deciding application 1
Criteria
44. In deciding whether to grant or refuse an application for an 2
environmental authority or what should be the conditions of the authority, 3
the administering authority must consider the following-- 4
(a) the standard criteria; 5
(b) additional information given in relation to the application; 6
(c) any report about the applicant's suitability to hold, or continue to 7
hold, an environmental authority; 8
(d) the views expressed at a conference held in relation to the 9
application. 10
of application for environmental authority 11
Grant
45.(1) If the administering authority decides to grant an application for an 12
environmental authority, the authority must, within 10 days after making 13
the decision-- 14
(a) issue an appropriate environmental authority; and 15
(b) insert it in the appropriate register; and 16
(c) give a copy of it to the applicant; and 17
(d) if the authority is a licence--give written notice to interested 18
parties of its issue. 19
(2) The notice must state-- 20
(a) the reasons for its issue; and 21
(b) that the parties may apply for a review of, or appeal against, the 22
decision within 14 days.5 23
(3) An approval takes effect from the day of its issue, or a later day stated 24
in it, and continues in force for the term stated in it. 25
(4) A licence takes effect from the day stated in it, but the day stated must 26
not be a day before the review date. 27
5 Sections 201 and 203 provide for a review of, and appeal against, a decision to
grant an application for a licence.
s 46 34 s 47
Environmental Protection
of environmental authority 1
Conditions
46.(1) The administering authority may issue an environmental authority 2
subject to the relevant conditions the authority considers necessary or 3
desirable.6 4
(2) Without limiting subsection (1), conditions of a licence may-- 5
(a) require the licensee to do all or any of the following-- 6
(i) to install and operate stated plant or equipment in a stated 7
way within a stated time; 8
(ii) to take stated measures to minimise the likelihood of 9
environmental harm being caused; 10
(iii) to carry out and report on a stated monitoring program; 11
(iv) to prepare and carry out an environmental management 12
program; 13
(v) to give relevant information reasonably required by the 14
administering authority for the administration or 15
enforcement of this Act; 16
(b) prohibit the licensee from changing, replacing or operating any 17
plant or equipment installed in the licensed place if the change, 18
replacement or operation of the plant or equipment increases, or is 19
likely to substantially increase, the risk of environmental harm. 20
(3) Without limiting subsection (1), conditions of an approval may 21
require the approval holder to take stated measures to minimise the 22
likelihood of environmental harm being caused. 23
licence 24
Provisional
47.(1) The administering authority may issue a provisional licence to an 25
applicant if-- 26
(a) in the authority's opinion, the applicant is not able to give enough 27
information about the application to permit the authority to issue a 28
licence; but 29
6 Sections 201 and 203 provide for a review of, and appeal against, a decision to
impose conditions on a licence.
s 48 35 s 48
Environmental Protection
(b) the authority is satisfied the applicant will be able to comply with 1
all relevant environmental protection policies and the applicant 2
gives the authority an undertaking to comply with them. 3
(2) The administering authority must-- 4
(a) insert the licence in the appropriate register; and 5
(b) give a copy of it to the applicant; and 6
(c) give written notice to interested parties of its issue and the reasons 7
for its issue.7 8
(3) The licence-- 9
(a) takes effect from the day stated in it; and 10
(b) remains in force for the term (not longer than 5 years) stated in 11
the licence. 12
(4) However, the day stated in the licence under subsection (3)(a) must 13
not be a day before the review date. 14
(5) The administering authority must not issue more than 1 provisional 15
licence for the same environmentally relevant activity carried out at the same 16
place. 17
of application for environmental authority 18
Refusal
48.(1) In this section-- 19
"environmental authority" means a licence, permit or other authority 20
that-- 21
(a) is issued under an interstate law; and 22
(b) is prescribed by regulation to be an environmental authority for 23
this section. 24
"interstate law" means a law of a State (including a law that has been 25
repealed) prescribed by regulation to be an interstate law for this 26
section. 27
"this Act" includes an Act repealed by this Act. 28
7 Sections 201 and 203 provide for a review of, and appeal against, a decision to
issue an environmental authorisation.
s 48 36 s 48
Environmental Protection
(2) If the administering authority decides to refuse an application for an 1
environmental authority, the authority must, within 10 days after making 2
the decision, give written notice to the applicant and interested parties of the 3
decision. 4
(3) The notice must state-- 5
(a) the reasons for the refusal; and 6
(b) that the person may apply for a review of, or appeal against, the 7
decision within 14 days.8 8
(4) Without limiting subsection (2), the administering authority may 9
refuse an application for an environmental authority if the authority is 10
satisfied the applicant is not a suitable person to hold the authority, 11
including, for example-- 12
(a) if the applicant has been convicted of an offence against this Act 13
or an interstate law, or has held an environmental authority that 14
has been cancelled or suspended under this Act or an interstate 15
law; or 16
(b) if the applicant is a corporation--an executive officer of the 17
corporation-- 18
(i) has been convicted of an offence against this Act or an 19
interstate law, or has held an environmental authority that 20
has been cancelled or suspended under this Act or an 21
interstate law; or 22
(ii) is or has been an executive officer of another corporation that 23
has been convicted of an offence against this Act or an 24
interstate law, or has held an environmental authority that 25
has been cancelled or suspended under this Act or an 26
interstate law. 27
8 Sections 201 and 203 provide for a review of, and appeal against, a decision to
refuse an application for an environmental authorisation.
s 49 37 s 49
Environmental Protection
Division 2--Amendment of licences 1
of licence on application of licensee 2
Amendment
49.(1) A licensee may apply to the administering authority for an 3
amendment of the licence. 4
(2) The application must-- 5
(a) be made to the administering authority in the approved form; and 6
(b) be supported by enough information to enable the authority to 7
decide the application; and 8
(c) be accompanied by the appropriate application fee. 9
(3) The administering authority may direct the applicant to give public 10
notice of the application if the authority is satisfied there is likely to be a 11
substantial increase in the risk of environmental harm under the amended 12
licence because of a substantial change in-- 13
(a) the quantity or quality of contaminant licensed to be released into 14
the environment; or 15
(b) the results of the release of a quantity or quality of contaminant 16
licensed to be released into the environment. 17
(4) Without limiting subsection (3)(a), an increase of 10% or more in the 18
quantity of a contaminant to be released into the environment is a substantial 19
change. 20
(5) The notice must be given by-- 21
(a) advertisement published in a newspaper circulating generally in 22
the area in which the licensed activity is, or is proposed to be, 23
carried out; and 24
(b) if the application relates to a licensed place-- 25
(i) placing a notice on the licensed place; and 26
(ii) serving a notice on the occupiers of all premises adjoining 27
the licensed place. 28
(6) The notice must-- 29
(a) be in the approved form; and 30
s 49 38 s 49
Environmental Protection
(b) invite submissions on the application from government 1
departments, public authorities, local governments, land-holders, 2
industry, interested groups and persons and members of the 3
public; and 4
(c) state the day (at least 10 business days after compliance with 5
subsection (5)) nominated by the administering authority as the 6
day by which submissions may be made to the authority. 7
(7) The administering authority must decide the application within 8
28 days after its receipt. 9
(8) If public notice of the application is required, the administering 10
authority must be satisfied public notice has been properly given before 11
deciding the application. 12
(9) In deciding whether to grant or refuse the application, the 13
administering authority must consider the following-- 14
(a) the standard criteria; 15
(b) the views expressed at a conference held in relation to the 16
application. 17
(10) If the administering authority is satisfied the amendment is 18
necessary or desirable, the authority must-- 19
(a) grant the application;9 and 20
(b) give written notice to interested parties of its decision and the 21
reasons for the decision. 22
(11) If the administering authority is not satisfied the amendment is 23
necessary or desirable, it must give written notice to the applicant and 24
interested parties of its decision and the reasons for the decision.10 25
(12) Notice under subsection (10)(b) or (11) must be given within 26
10 days after the administering authority decides to grant or refuse the 27
application. 28
9 Sections 201 and 203 provide for a review of, and appeal against, a decision to
grant an application to amend a licence.
10 Sections 201 and 203 provide for a review of, and appeal against, a decision to
refuse an application to amend a licence.
s 50 39 s 50
Environmental Protection
of licence by administering authority 1
Amendment
50.(1) The administering authority may amend a licence at any time if-- 2
(a) the licensee agrees to the amendment; or 3
(b) the authority considers it is necessary or desirable because-- 4
(i) of a contravention of this Act by the licensee; or 5
(ii) the licence was issued because of a materially false or 6
misleading representation or declaration (made either orally 7
or in writing); or 8
(iii) the licence was issued on the basis of a miscalculation of the 9
quantity or quality of contaminant licensed to be released 10
into the environment; or 11
(iv) the licence was issued on the basis of a miscalculation of the 12
effects of the release of a quantity or quality of contaminant 13
licensed to be released into the environment; or 14
(v) of a change in the way in which, or the place where, 15
contaminants are, or are likely to be, released into the 16
environment; or 17
(vi) of the approval of an environmental protection policy or the 18
approval of the amendment of an environmental protection 19
policy; or 20
(vii) of an environmental report; or 21
(viii)of another circumstance prescribed by regulation. 22
(2) If the administering authority considers it necessary or desirable to 23
amend a licence under subsection (1)(b), the authority must give the 24
licensee a written notice under this section. 25
(3) The notice must-- 26
(a) state the proposed amendment and the grounds for the 27
amendment; and 28
(b) outline the facts and circumstances forming the basis for the 29
grounds; and 30
(c) invite the licensee to make representations to the administering 31
authority to show why the licence should not be amended; and 32
s 51 40 s 52
Environmental Protection
(d) state the term (at least 30 days after the notice is given to the 1
holder) within which the representations may be made. 2
(4) The representations must be made in writing. 3
(5) After the end of the term stated in the notice, the administering 4
authority must consider the representations properly made by the licensee. 5
(6) The administering authority may amend the licence if it is satisfied 6
the amendment is necessary or desirable.11 7
(7) If the administering authority is not satisfied the amendment is 8
necessary or desirable, it must promptly give written notice to the licensee 9
of its decision. 10
for amending licence 11
Procedure
51.(1) This section applies if the administering authority-- 12
(a) grants an application to amend a licence; or 13
(b) decides to amend a licence. 14
(2) The administering authority must amend the licence and give a copy 15
of the amended licence to the licensee. 16
(3) The amended licence takes effect from the day after the review date. 17
Division 3--Dealings with licences 18
of licence 19
Surrender
52.(1) A licensee may surrender the licence by written notice given to the 20
administering authority. 21
(2) The surrender of the licence takes effect-- 22
(a) on the day on which the notice is given; or 23
(b) if a later day is specified in the notice--on the later day. 24
11 Sections 201 and 203 provide for a review of, and appeal against, a decision to
amend a licence.
s 53 41 s 55
Environmental Protection
of disposal by licensee 1
Notice
53.(1) This section applies if a licensee proposes to dispose of the 2
licensee's business to someone else (the "buyer"). 3
(2) Before agreeing to dispose of the business, the licensee must give 4
written notice to the buyer that the buyer must make application under this 5
Act for the transfer of the licence or for a new licence. 6
Maximum penalty--50 penalty units. 7
(3) If the licensee does not comply with subsection (2), the buyer may 8
rescind the agreement by written notice given to the licensee before the 9
completion of the agreement or possession under the agreement, whichever 10
is the earlier. 11
(4) On rescission of the agreement under subsection (3)-- 12
(a) a person who was paid amounts by the buyer under the 13
agreement must refund the amounts to the buyer; and 14
(b) the buyer must return to the licensee any documents about the 15
disposal (other than the buyer's copy of the agreement). 16
(5) Subsections (3) and (4) have effect despite any other Act or anything 17
to the contrary in the agreement. 18
of ceasing to carry out licensed activity 19
Notice
54. Within 14 days after ceasing the environmental relevant activity to 20
which a licence relates, the licensee must give written notice of the ceasing 21
of the activity to the administering authority. 22
Maximum penalty--50 penalty units. 23
for transfer of licence 24
Application
55. An application for the transfer of a licence must-- 25
(a) be made to the administering authority by the buyer in the 26
approved form; and 27
(b) be supported by enough information to enable the administering 28
s 56 42 s 58
Environmental Protection
authority to decide the application; and 1
(c) be accompanied by the appropriate application fee. 2
authority to decide application for transfer of licence 3
Administering
56. The administering authority must decide each application for the 4
transfer of a licence within 28 days after the application date. 5
of application for transfer of licence 6
Grant
57.(1) If the administering authority decides to grant an application for 7
the transfer of a licence, the authority must, within 10 days after making the 8
decision cancel the existing licence and issue a new licence. 9
(2) The administering authority must insert the new licence in the 10
appropriate register and give a copy of it to the applicant. 11
(3) The new licence takes effect from the day of its issue or a later day 12
stated in it. 13
of application for transfer of licence 14
Refusal
58.(1) In this section-- 15
"environmental authority" means a licence, permit or other authority 16
that-- 17
(a) is issued under an interstate law; and 18
(b) is prescribed by regulation to be an environmental authority for 19
this section. 20
"interstate law" means a law of a State (including a law that has been 21
repealed) prescribed by regulation to be an interstate law for this 22
section. 23
"this Act" includes an Act repealed by this Act. 24
(2) If the administering authority decides to refuse an application for the 25
transfer of a licence, the authority must give written notice to the applicant 26
of the refusal and the reasons for the refusal within 10 days after making the 27
s 59 43 s 59
Environmental Protection
decision.12 1
(3) Without limiting subsection (2), the administering authority may 2
refuse an application for the transfer of a licence if the authority is satisfied 3
the applicant is not a suitable person to hold the licence, including, for 4
example-- 5
(a) if the applicant has been convicted of an offence against this Act 6
or an interstate law, or has held an environmental authority that 7
has been cancelled or suspended under this Act or an interstate 8
law; or 9
(b) if the applicant is a corporation--an executive officer of the 10
corporation-- 11
(i) has been convicted of an offence against this Act or an 12
interstate law, or has held an environmental authority that 13
has been cancelled or suspended under this Act or an 14
interstate law; or 15
(ii) is or has been an executive officer of another corporation that 16
has been convicted of an offence against this Act or an 17
interstate law, or has held an environmental authority that 18
has been cancelled or suspended under this Act or an 19
interstate law. 20
4--Suspension and cancellation of licences 21
Division
may be suspended or cancelled 22
Licence
59. The administering authority may suspend or cancel a licence issued 23
by it on the following grounds-- 24
(a) the licensee has been convicted of an offence against this Act; 25
(b) the licence was issued because of a materially false or misleading 26
representation or declaration (made either orally or in writing). 27
12 Sections 201 and 203 provide for a review of, and appeal against, a decision to
refuse the transfer of a licence.
s 60 44 s 60
Environmental Protection
for suspension or cancellation 1
Procedure
60.(1) If the administering authority considers a ground exists to suspend 2
or cancel the licence (the "proposed action"), the authority must give the 3
licensee written notice that-- 4
(a) states the proposed action; and 5
(b) states the grounds for the proposed action; and 6
(c) outlines the facts and circumstances forming the basis for the 7
grounds; and 8
(d) if the proposed action is suspension of the licence--states the 9
proposed suspension period; and 10
(e) invites the licensee to show, within a stated time of at least 11
30 days, why the proposed action should not be taken. 12
(2) If, after considering all written representations made within the stated 13
time, the administering authority still considers a ground to take the 14
proposed action exists, the authority may-- 15
(a) if the proposed action was to suspend the licence for a stated 16
period--suspend the licence for not longer than the proposed 17
suspension period; or 18
(b) if the proposed action was to cancel the licence--either cancel the 19
licence or suspend it for a period. 20
(3) The administering authority must inform the licensee of the decision 21
by written notice. 22
(4) The notice must be given within 10 days after the administering 23
authority makes its decision. 24
(5) If the administering authority decides to suspend or cancel the licence, 25
the notice must state-- 26
(a) the reasons for the decision; and 27
(b) that the licensee may apply for a review of, or appeal against, the 28
decision within 14 days.13 29
13 Sections 201 and 203 provide for a review of, and appeal against, a decision to
suspend or cancel a licence.
s 61 45 s 62
Environmental Protection
(6) The administering authority must record particulars of the suspension 1
or cancellation on the licence. 2
(7) The decision takes effect on the later of-- 3
(a) the day when the notice is given to the holder; or 4
(b) the day of effect stated in the notice. 5
(8) However, if the licence is suspended or cancelled because of the 6
conviction of a person for an offence-- 7
(a) the suspension or cancellation does not take effect until-- 8
(i) the end of the time to appeal against the conviction; and 9
(ii) if the appeal is made against the conviction--the appeal is 10
finally decided; and 11
(b) the suspension or cancellation has no effect if the conviction is 12
quashed on appeal. 13
5--General 14
Division
authority may require additional information 15
Administering
61. The administering authority may require-- 16
(a) an applicant under this Part to give it additional information about 17
the application; or 18
(b) any information included in the applicant's application, or any 19
additional information required under paragraph (a), to be verified 20
by statutory declaration.14 21
may inquire into suitability of applicants 22
Authority
62.(1) The administering authority may make inquiries about a person to 23
help in deciding whether-- 24
(a) the person is a suitable person to hold, or continue to hold, an 25
14 Sections 201 and 203 provide for a review of, and appeal against, a decision to
require additional information.
s 63 46 s 64
Environmental Protection
environmental authority; or 1
(b) the person or another person of whom the person is a partner is a 2
suitable person to hold, or continue to hold, an environmental 3
authority; or 4
(c) a corporation of which the person is an executive officer is a 5
suitable person to hold, or continue to hold, an environmental 6
authority. 7
(2) If asked by the administering authority, the Commissioner of the 8
Police Service must give the authority a written report about the person's 9
criminal history. 10
(3) Subsection (2) applies to the criminal history in the Commissioner's 11
possession or to which the Commissioner has access. 12
(4) If the applicant, or an executive officer of an applicant corporation, 13
holds or previously held in another State a licence or other authority similar 14
to an environmental authority, the administering authority may obtain a 15
report from the administering authority in the other State. 16
may call conference 17
Authority
63.(1) The administering authority may invite an applicant under this Part 18
and all or any interested parties to the application to a conference to help it in 19
deciding the application. 20
(2) The administering authority must give written notice to all persons 21
invited to attend the conference of when and where the conference is to be 22
held. 23
(3) However, if the administering authority considers it is impracticable 24
to give notice to all persons invited to attend the conference, the authority 25
may give notice of the conference by publishing a notice in the newspapers 26
the authority decides. 27
(4) The administering authority must endeavour to appoint an 28
independent person to mediate the conference. 29
of time for decision on applications 30
Extensions
64.(1) The administering authority may extend the time for deciding an 31
s 65 47 s 67
Environmental Protection
application under this Part if it is satisfied there are special circumstances for 1
extending the time. 2
(2) If the administering authority extends the time, it must give written 3
notice to the applicant and interested parties of the extension and the reasons 4
for the extension before the extension starts.15 5
compliance with Act may be accepted as compliance 6
Substantial
65.(1) This section applies if, under this Act, a person is required to give 7
public notice of an application and the administering authority is not 8
satisfied public notice has been properly given. 9
(2) The administering authority may consider and decide the application 10
if it is satisfied there has been substantial compliance with this Act. 11
to decide applications taken to be refusal 12
Failure
66. If the administering authority fails to decide an application under this 13
Part within the time it is required to decide the application, the failure is 14
taken to be a decision by the authority to refuse the application at the end of 15
the time. 16
licence fee and return 17
Annual
67.(1) At least 30 days before each anniversary of the day of issue of a 18
licence (the "anniversary day"), the administering authority must give 19
written notice (the "annual notice") to the licensee to-- 20
(a) pay the appropriate annual licence fee to the authority; and 21
(b) give to the authority an annual return in the approved form. 22
(2) If the licensee does not comply with the annual notice on or before 23
the day before the anniversary day, the administering authority must give a 24
notice (the "reminder notice") to the licensee. 25
(3) The reminder notice must-- 26
15 Sections 201 and 203 provide for a review of, and appeal against, a decision to
extend the time for deciding an application.
s 68 48 s 69
Environmental Protection
(a) inform the licensee of the licensee's failure to comply with the 1
annual notice; and 2
(b) state a day (at least 14 days from the giving of the reminder 3
notice) (the "due day") by which the licensee must-- 4
(i) pay the annual licence fee and a late payment fee prescribed 5
by regulation to the administering authority; and 6
(ii) give to the authority an annual return in the approved form; 7
and 8
(c) inform the licensee that the licence will be cancelled unless the 9
licensee complies with the reminder notice. 10
(4) If the licensee does not comply with the reminder notice, the licence 11
is cancelled, by operation of this subsection, from the day after the due day. 12
of licensee 13
Death
68. If a licensee dies, the personal representative of the licensee's estate is 14
taken to be the licensee for-- 15
(a) 6 months from the day of the licensee's death; or 16
(b) for any longer period the administering authority decides, on 17
written application made by the personal representative. 18
to contravene condition of licence 19
Offence
69.(1) A licensee must not wilfully contravene a condition of the licence. 20
Maximum penalty--2 000 penalty units or imprisonment for 2 years. 21
(2) A licensee must not contravene a condition of the licence. 22
Maximum penalty--1 665 penalty units. 23
(3) In a proceeding for an offence against subsection (1), if the court is 24
not satisfied the defendant is guilty of the offence charged but is satisfied the 25
defendant is guilty of an offence against subsection (2), the court may find 26
the defendant guilty of the offence against subsection (2). 27
s 70 49 s 72
Environmental Protection
ART 5--ENVIRONMENTAL EVALUATIONS 1
P
is an environmental evaluation? 2
What
70. An environmental evaluation is an evaluation of an activity or event 3
to decide-- 4
(a) the source, cause or extent of environmental harm being caused, 5
or the extent of environmental harm likely to be caused, by the 6
activity or event; and 7
(b) the need for an environmental management program for the 8
activity or event. 9
environmental audit required 10
When
71.(1) If the administering authority, is satisfied on reasonable grounds, 11
that-- 12
(a) a licensee is not complying with licence conditions; or 13
(b) a person is not complying with an environmental protection 14
policy or management program; 15
the authority may require the person to conduct or commission an audit (an 16
"environmental audit") of the matter and submit a report on the audit to 17
it.16 18
(2) The person must comply with the requirement. 19
Maximum penalty--100 penalty units. 20
environmental investigation required 21
When
72.(1) If the administering authority is satisfied on reasonable grounds-- 22
(a) an event has happened causing serious or material environmental 23
harm while an activity was being carried out; or 24
(b) an activity or proposed activity is causing, or is likely to cause 25
16 Sections 201 and 203 provide for a review of, and appeal against, a decision to
require an evaluation.
s 73 50 s 74
Environmental Protection
serious or material environmental harm; 1
the authority may require the person who has carried out, is carrying out or 2
is proposing to carry out the activity to conduct or commission an 3
investigation (an "environmental investigation") and submit a report on 4
the investigation to it.13 5
(2) The person must comply with the requirement. 6
Maximum penalty--100 penalty units. 7
(3) This section does not apply if the administering authority may require 8
an environmental audit for the event or activity. 9
to conduct or commission environmental evaluation 10
Notice
73.(1) A requirement to conduct or commission an environmental 11
evaluation must be made by written notice. 12
(2) The notice must-- 13
(a) state the grounds on which the requirement is made; and 14
(b) outline the facts and circumstances forming the basis for the 15
grounds; and 16
(c) state the relevant matters for the evaluation; and 17
(d) state the day (at least a reasonable period after the notice is given) 18
by which an environmental report must be submitted to the 19
administering authority. 20
to accompany report 21
Declarations
74.(1) An environmental report submitted to the administering authority 22
must be accompanied by a statutory declaration by the recipient and the 23
auditor or investigator. 24
(2) The recipient's declaration must be made-- 25
(a) if the recipient is an individual--by the recipient; or 26
(b) if the recipient is a corporation--by an executive officer of the 27
corporation. 28
(3) The recipient's declaration must state that the recipient-- 29
s 75 51 s 75
Environmental Protection
(a) has not knowingly given any false or misleading information to 1
the auditor or investigator; and 2
(b) has given all relevant information to the auditor or investigator. 3
(4) A declaration by the auditor or investigator must-- 4
(a) state his or her qualifications and experience relevant to the 5
evaluation; and 6
(b) state that he or she has not knowingly included any false, 7
misleading or incomplete information in the report; and 8
(c) state that he or she has not knowingly failed to reveal any relevant 9
information or document to the administering authority; and 10
(d) certify that-- 11
(i) the report addresses the relevant matters for the evaluation 12
and is factually correct; and 13
(ii) the opinions expressed in it are honestly and reasonably 14
held. 15
authority to consider and act on environmental reports 16
Administering
75.(1) The administering authority must decide whether or not to accept 17
the environmental report within 28 days after receiving it. 18
(2) If the administering authority accepts the report, it may-- 19
(a) require the recipient to prepare and submit an environmental 20
management program to it; or 21
(b) amend conditions of the recipient's licence; or 22
(c) serve an environmental protection order on the recipient; or 23
(d) take any other action it considers appropriate. 24
(3) If the administering authority is satisfied the report does not 25
adequately address the relevant matters for the environmental evaluation to 26
which the report relates, it may require the recipient to conduct or 27
commission another environmental evaluation and submit a report on the 28
evaluation to it. 29
(4) If the administering authority is satisfied additional relevant 30
s 76 52 s 77
Environmental Protection
information is required, it may require the recipient to give it the 1
information.17 2
(5) A requirement under subsection (3) or (4) must be made by written 3
notice given to the recipient. 4
(6) The notice must-- 5
(a) state the grounds on which the requirement is made; and 6
(b) outline the facts and circumstances forming the basis for the 7
grounds; and 8
(c) state the relevant matters for the evaluation or the information 9
required; and 10
(d) state the day (at least a reasonable period after the notice is given) 11
by which the report or information must be given to the 12
administering authority. 13
of environmental evaluation and report 14
Costs
76. The recipient must meet the following costs-- 15
(a) the costs of conducting or commissioning an environmental 16
evaluation and report; 17
(b) the costs of giving additional relevant information about the report 18
required by the administering authority. 19
of time for decisions on submission of environmental 20
Extensions
reports 21
77.(1) The administering authority may decide to extend the time it is 22
required to decide whether or not to accept an environmental report if-- 23
(a) it has required additional relevant information about the report; or 24
(b) it is satisfied there are special circumstances for extending the 25
time. 26
(2) If the administering authority extends the time, it must give written 27
17 Sections 201 and 203 provide for a review of, and appeal against, a decision to
require additional information.
s 78 53 s 80
Environmental Protection
notice of the extension to the recipient. 1
(3) The notice must be given before the extension starts.18 2
to make decision on environmental report taken to be refusal 3
Failure
78. If the administering authority fails to decide whether or not to accept 4
an environmental report within the time it is required to make a decision on 5
the report, the failure is taken to be a decision by the authority to refuse to 6
accept the report at the end of the time. 7
ART 6--ENVIRONMENTAL MANAGEMENT 8
P
PROGRAMS 9
is an environmental management program? 10
What
79. An environmental management program is a specific program that, 11
when approved, achieves compliance with this Act for the matters dealt 12
with by the program by-- 13
(a) reducing environmental harm; or 14
(b) detailing the transition to an environmental standard. 15
of program 16
Content
80. An environmental management program must-- 17
(a) state the objectives to be achieved and maintained under the 18
program for an activity; and 19
(b) state how the objects are to be achieved, and a timetable to achieve 20
the objectives, taking into account-- 21
(i) the best practice environmental management for the activity; 22
and 23
18 Sections 201 and 203 provide for a review of, and appeal against, a decision to
extend the time for deciding whether to approve the draft program.
s 81 54 s 81
Environmental Protection
(ii) the risks of environmental harm being caused by the activity; 1
and 2
(c) state appropriate performance indicators at intervals of not more 3
than 6 months; and 4
(d) make provision for monitoring and reporting compliance with the 5
program. 6
authority may require draft program 7
Administering
81.(1) The administering authority may require a person or public 8
authority to prepare and submit to it for approval a draft environmental 9
management program as a condition of a licence. 10
(2) The administering authority may also require a person or public 11
authority to prepare and submit to it for approval a draft environmental 12
management program if it is satisfied-- 13
(a) an activity carried out, or proposed to be carried out, by the 14
person or authority is causing, or may cause, unlawful 15
environmental harm; or 16
(b) it is not practicable for the person or public authority to comply 17
with an environmental protection policy or regulation on its 18
commencement.19 19
(3) A requirement under subsection (1) or (2) must be made by written 20
notice given to the person or public authority. 21
(4) The notice must state-- 22
(a) the grounds on which the requirement is made; and 23
(b) the matters to be addressed by the program; and 24
(c) the period over which the program is to be carried out; and 25
(d) the day (at least a reasonable period after the notice is given) by 26
which the program must be prepared and submitted to the 27
administering authority. 28
19 Sections 201 and 203 provide for a review of, and appeal against, a decision to
require a program.
s 82 55 s 84
Environmental Protection
submission of draft program 1
Voluntary
82.(1) A person or public authority may, at any time, submit for 2
approval a draft environmental management program to the administering 3
authority for an activity the person or public authority is carrying out or 4
proposes to carry out. 5
(2) A person or public authority may submit a document under 6
subsection (1) if it substantially complies with the requirements of this Part 7
for an environmental management program, even though the document was 8
not originally prepared for this Act. 9
(3) The document is taken to be a draft environmental management 10
program. 11
for consideration of draft program 12
Fee
83. A draft environmental management program submitted to the 13
administering authority for approval must be accompanied by the fee 14
prescribed by regulation. 15
notice of submission for approval of certain draft programs 16
Public
84.(1) This section applies if a person or public authority submits for 17
approval a draft environmental management program that states a period 18
longer than 3 years over which the program is to be carried out. 19
(2) Within 2 days after the application date, the person or public authority 20
must give public notice of the submission by-- 21
(a) advertisement published in a newspaper circulating generally in 22
the area in which the activity to which the draft program relates is, 23
or is proposed to be, carried out; and 24
(b) if the program relates to premises-- 25
(i) placing a notice on the premises; and 26
(ii) serving a notice on the occupiers of all premises adjoining 27
the premises. 28
(3) The notice must-- 29
(a) be in the approved form; and 30
s 85 56 s 86
Environmental Protection
(b) invite submissions on the draft program from government 1
departments, public authorities, local governments, land-holders, 2
industry, interested groups and persons and members of the 3
public; and 4
(c) state the day (at least 10 business days after compliance with 5
subsection (1)) nominated by the administering authority as the 6
day by which submissions may be made to the authority. 7
authority may require additional information 8
Administering
85. The administering authority may require-- 9
(a) the person or public authority that submits a draft environmental 10
management program to it to give it additional information about 11
the program; or 12
(b) any information included in the draft program, or any additional 13
information required under paragraph (a), to be verified by 14
statutory declaration.20 15
may call conference 16
Authority
86.(1) The administering authority may invite the person or public 17
authority that has submitted a draft environmental program and all or any 18
interested parties for the program to a conference to help it in deciding 19
whether or not to approve the program. 20
(2) The administering authority must give written notice to all persons 21
invited to attend the conference of when and where the conference is to be 22
held. 23
(3) However, if the administering authority considers it is impracticable 24
to give notice to all persons invited to attend the conference, the authority 25
may give notice of the conference by publishing a notice in the newspapers 26
the authority decides. 27
(4) The administering authority must endeavour to appoint an 28
independent person to mediate the conference. 29
20 Sections 201 and 203 provide for a review of, and appeal against, a decision to
require additional information.
s 87 57 s 89
Environmental Protection
authority to consider draft programs 1
Administering
87.(1) The administering authority must decide whether to approve a 2
draft environmental management program submitted to it within 28 days 3
after the application date. 4
(2) If the administering authority requires public notice to be given of the 5
submission of the draft program, the administering authority must be 6
satisfied public notice has been properly given before making a decision. 7
for deciding draft program 8
Criteria
88. In deciding whether to approve or refuse to approve the draft 9
program or the conditions (if any) of the approval, the administering 10
authority must consider the following-- 11
(a) the standard criteria; 12
(b) additional information given in relation to the draft program; 13
(c) the views expressed at a conference held in relation to the draft 14
program. 15
of draft program 16
Approval
89.(1) This section applies if the administering authority-- 17
(a) approves a draft environmental management program as 18
amended at the request, or with the agreement, of the 19
administering authority; or 20
(b) approves a draft program as submitted.21 21
(2) The administering authority must, within 10 days after the approval, 22
issue and give to the person or public authority that submitted the program a 23
certificate of approval of the program. 24
(3) The certificate may be issued subject to the conditions the 25
21 Sections 201 and 203 provide for a review of, and appeal against, a decision to
refuse to approve a draft program.
s 90 58 s 91
Environmental Protection
administering authority considers appropriate and remains in force for the 1
period specified in the certificate.22 2
to approve draft program 3
Refusal
90. If the administering authority refuses to approve a draft 4
environmental management program, the authority must, within 10 days 5
after its decision, give written notice to the person or public authority that 6
submitted the program. 7
(2) The notice must state-- 8
(a) the reasons for the decision; and 9
(b) that the person or public authority may apply for a review of, or 10
appeal against, the decision within 14 days.23 11
of time for decisions on submission of draft programs 12
Extensions
91.(1) The administering authority may decide to extend the time it is 13
required to decide whether or not to approve a draft program if-- 14
(a) it has required additional information about the draft program; or 15
(b) it is satisfied there are special circumstances for extending the 16
time. 17
(2) If the administering authority extends the time, it must give written 18
notice of the extension and the reasons for the extension to the person or 19
public authority that submitted the draft program.24 20
(3) The notice must be given before the extension starts. 21
22 Sections 201 and 203 provide for a review of, and appeal against, a decision to
impose conditions on approval of a program.
23 Sections 201 and 203 provide for a review of, and appeal against, a decision to
refuse to approve a draft program.
24 Sections 201 and 203 provide for a review of, and appeal against, a decision to
extend the time for deciding whether to approve the draft program.
s 92 59 s 95
Environmental Protection
compliance with Act may be accepted as compliance 1
Substantial
92.(1) This section applies if, under this Act, a person or public authority 2
is required to give public notice of the submission of an environmental 3
management program and the administering authority is not satisfied public 4
notice has been properly given. 5
(2) The administering authority may consider and decide whether to 6
approve the draft program if it is satisfied there has been substantial 7
compliance with this Act. 8
to approve draft program taken to be refusal 9
Failure
93. If the administering authority fails to decide whether to approve or 10
refuse an environmental management program within the time it is required 11
to make a decision on the program, the failure is taken to be a decision by 12
the authority to refuse to approve the program at the end of the time. 13
return 14
Annual
94. The holder of an approval of an environmental management program 15
must, within 30 days after each anniversary of the day of approval of the 16
program, give to the administering authority an annual return in the 17
approved form. 18
Maximum penalty--100 penalty units. 19
with program 20
Compliance
95.(1) The holder of an approval of an environmental management 21
program must not wilfully contravene the program. 22
Maximum penalty--1 665 penalty units or imprisonment for 2 years. 23
(2) The holder of a certificate of approval of an environmental 24
management program must not contravene the program. 25
Maximum penalty--835 penalty units. 26
(3) In a proceeding for an offence against subsection (1), if the court is 27
not satisfied the defendant is guilty of the offence charged but is satisfied the 28
s 96 60 s 97
Environmental Protection
defendant is guilty of an offence against subsection (2), the court may find 1
the defendant guilty of the offence against subsection (2). 2
of compliance with program 3
Effect
96.(1) This section applies if an approved environmental management 4
program authorises the holder to do, or not to do, something under the 5
program. 6
(2) The holder may do, or not do, the thing under the program despite 7
anything in a licence held by the holder or an environmental protection 8
policy. 9
(3) Without limiting subsection (2), the doing, or not doing, of the thing 10
under the program is not a contravention of-- 11
(a) a condition of a licence held by the holder; or 12
(b) an environmental protection policy. 13
of disposal by holder of program approval 14
Notice
97.(1) This section applies if the holder of an approval of an 15
environmental management program proposes to dispose of the place or 16
business to which the program relates to someone else (the "buyer"). 17
(2) Before agreeing to dispose of the place or business, the holder must 18
give written notice to the buyer of the existence of the program. 19
Maximum penalty--50 penalty units. 20
(3) If the holder does not comply with subsection (2), the buyer may 21
rescind the agreement by written notice given to the holder before the 22
completion of the agreement or possession under the agreement, whichever 23
is the earlier. 24
(4) On rescission of the agreement under subsection (3)-- 25
(a) a person who was paid amounts by the buyer under the 26
agreement must refund the amounts to the buyer; and 27
(b) the buyer must return to the holder any documents about the 28
disposal (other than the buyer's copy of the agreement). 29
(5) Subsections (3) and (4) have effect despite any other Act or anything 30
s 98 61 s 100
Environmental Protection
to the contrary in the agreement. 1
(6) Within 14 days after agreeing to dispose of the place or business, the 2
holder must give written notice of the disposal to the administering 3
authority. 4
Maximum penalty for subsection (6)--50 penalty units. 5
of ceasing activity by holder of program approval 6
Notice
98. Within 14 days after ceasing to carry out the activity to which an 7
environmental management program relates, the holder of the approval for 8
the program must give written notice of the ceasing the activity to the 9
administering authority. 10
Maximum penalty--50 penalty units. 11
with Act at completion of program 12
Compliance
99. The holder of an approval for an environmental management 13
program must achieve full compliance with this Act for the matters dealt 14
with by the program at the end of the period over which the program is 15
carried out. 16
ART 7--SPECIAL PROVISIONS ABOUT 17
P
VOLUNTARY SUBMISSION OF ENVIRONMENTAL 18
MANAGEMENT PROGRAMS 19
notice 20
Program
100.(1) A person may give the administering authority a notice (the 21
"program notice") about an act or omission (the "relevant event") that-- 22
(a) has caused or threatened environmental harm in the carrying out 23
of an activity by the person; and 24
(b) is lawful apart from this Act. 25
(2) The notice must-- 26
s 101 62 s 102
Environmental Protection
(a) be in the approved form; and 1
(b) give full details of the relevant event; and 2
(c) declare the person's intention to prepare, and submit to the 3
authority an environmental management program for the activity; 4
and 5
(d) state the other information prescribed by regulation. 6
(3) The person may submit with the notice any report, or the results of 7
any analysis, monitoring program, test or examination, carried out by or for 8
the person for the relevant event. 9
notice privileged 10
Program
101.(1) If the relevant event stated in the program notice constitutes an 11
offence against this Act (the "original offence"), the giving of the program 12
notice, the program notice and any documents submitted with it are not 13
admissible in evidence against the person in a prosecution for the original 14
offence. 15
(2) Subsection (1) does not prevent other evidence obtained because of 16
the giving of the program notice, the program notice or any documents 17
submitted with it being admitted in any legal proceeding against the person. 18
to act on notice 19
Authority
102.(1) Within 14 days after receiving the program notice, the 20
administering authority must give written notice to the person of-- 21
(a) its receiving the notice; and 22
(b) the day by which a draft environmental management program 23
dealing with the activity must be submitted to it for approval. 24
(2) The day mentioned in subsection (1)(b) must not be more than 25
3 months after the administering authority receives the program notice. 26
(3) This section has effect subject to section 105 (Authority may apply to 27
Court for order setting aside immunity from prosecution). 28
s 103 63 s 103
Environmental Protection
of program notice 1
Effect
103.(1) On receipt of the program notice by the administering authority, 2
the person giving the notice must not be prosecuted for a continuation of the 3
original offence that happens after the authority receives the notice. 4
(2) Subsection (1) has effect only until whichever of the following 5
happens first-- 6
(a) the person receives from the administering authority an approval 7
of an environmental management program for the activity; or 8
(b) the person receives from the administering authority a notice of 9
refusal to approve a draft environmental management program 10
for the activity; or 11
(c) if the person does not submit a draft environmental management 12
program for the activity to the administering authority by the day 13
stated in the notice given to the person under section 102(1) 14
(Authority to act on notice)--the end of the stated day. 15
(3) The person may be prosecuted for a continuation of the original 16
offence under the program notice that happens after the authority received 17
the notice if subsection (1) ceases to apply to the person under-- 18
(a) subsection (2)(b) if the administering authority states in the notice 19
of refusal to approve the draft program-- 20
(i) it is satisfied in the circumstances that subsection (1) should 21
not apply to the person; and 22
(ii) the reasons for the decision; and 23
(iii) that the person may apply for a review of, or appeal against, 24
the decision within 14 days;25 or 25
(b) subsection (2)(c). 26
(4) Subsection (3) applies even if the continuation of the original offence 27
happened while subsection (1) applied. 28
25 Sections 201 and 203 provide for a review of, and appeal against, a decision that
section 103(1) not apply to the person.
s 104 64 s 106
Environmental Protection
of failure to comply with program 1
Effect
104. If the holder of a certificate of approval for an environmental 2
management program for an activity under a program notice does not 3
comply with the program, section 103(1) (Effect of program notice) ceases 4
to apply to the person. 5
may apply to court for order setting aside immunity from 6
Authority
prosecution 7
105.(1) If the administering authority receives a program notice from a 8
person, the authority may apply to the court for an order that section 103(1) 9
does not apply to the person for any continuation of the original offence. 10
(2) The application must be made-- 11
(a) within 28 days after the administering authority receives the 12
program notice or the longer period the court in special 13
circumstances allows; and 14
(b) by filing written notice of the application with the registrar of the 15
court and serving a copy of the application on the person; and 16
(c) by complying with rules of court applicable to the application. 17
(3) The making of the application does not stay the operation of 18
section 103(1) (Effect of program notice). 19
(4) The procedure for the application is to be in accordance with the rules 20
of court applicable to it or, if the rules make no provision or insufficient 21
provision, in accordance with directions of the Judge. 22
to decide application 23
Court
106.(1) The Court may grant an application under section 105 (Authority 24
may apply to Court for order setting aside immunity from prosecution) if 25
the Court is satisfied-- 26
(a) the relevant event was wilfully done or omitted to be done with 27
the intention of relying on the giving of a program notice as an 28
excuse; or 29
(b) it is not appropriate for section 103(1) (Effect of program notice) 30
to apply to the person who gave the program notice because of 31
s 107 65 s 107
Environmental Protection
the nature and extent of the environmental harm caused or 1
threatened by the continuation of the original offence. 2
(2) In deciding the application, the Court may have regard to the 3
following-- 4
(a) the circumstances in which the relevant event happened; 5
(b) the nature and extent of the environmental harm caused or 6
threatened by a continuation of the original offence under the 7
program notice; 8
(c) the resilience of the receiving environment; 9
(d) the environmental record of the person; 10
(e) whether an environmental management program or protection 11
order is in force for the activity. 12
(3) If the Court grants the application, the Court must make an order that 13
section 103(1) (Effect of program notice) does not apply to the person for a 14
continuation of the original offence under the program notice (whether the 15
continuation happened before or after the receiving of the program notice). 16
of Court to make order pending decision on application 17
Power
107.(1) This section applies if the administering authority has made an 18
application to the Court under section 105 (Authority may apply to Court 19
for order setting aside immunity from prosecution) but the Court has not 20
decided the application. 21
(2) On the application of the administering authority, the Court may 22
make any order the Court considers appropriate pending a decision on the 23
application. 24
(3) Without limiting subsection (2), an order may direct the person who 25
gave the program notice to do, or stop doing, anything specified in the order 26
to prevent a continuation of the original offence under the notice. 27
(4) The Court's power under this section is in addition to its other 28
powers. 29
(5) A person who contravenes an order commits an offence against this 30
Act. 31
s 108 66 s 109
Environmental Protection
Maximum penalty for subsection (5)--3 000 penalty units or imprisonment 1
for 2 years. 2
ART 8--ENVIRONMENTAL PROTECTION 3
P
ORDERS 4
order may be issued 5
When
108. The administering authority may issue an order (an 6
"environmental protection order") to a person-- 7
(a) if the person does not comply with a requirement to conduct or 8
commission an environmental evaluation and submit it to the 9
authority; or 10
(b) if the person does not comply with a requirement to prepare an 11
environmental management program and submit it to the 12
authority; or 13
(c) if, because of an environmental evaluation, the authority is 14
satisfied unlawful environmental harm is being, or is likely to be, 15
caused by an activity carried out, or proposed to be carried out, by 16
the person; or 17
(d) to secure compliance by the person with-- 18
(i) the general environmental duty; or 19
(ii) an environmental protection policy; or 20
(iii) a condition of a licence. 21
criteria to be considered before issue of order 22
Standard
109. Before deciding to issue an environmental protection order, the 23
administering authority must consider the standard criteria. 24
s 110 67 s 111
Environmental Protection
and content of order 1
Form
110.(1) An environmental protection order-- 2
(a) must be in the form of a written notice; and 3
(b) must specify the person to whom it is issued; and 4
(c) may impose a reasonable requirement to prevent or minimise 5
environmental harm; and 6
(d) must state that the recipient may apply for a review of, or appeal 7
against, the decision to issue the order within 14 days;26 and 8
(e) must be served on the recipient. 9
(2) Without limiting subsection (1)(c), an environmental protection order 10
may-- 11
(a) require the recipient to not start, or stop, a stated activity 12
indefinitely, for a stated period or until further notice from the 13
administering authority; or 14
(b) require the recipient to carry out a stated activity only during 15
stated times or subject to stated conditions; or 16
(c) require the recipient to take stated action within a stated period. 17
not to comply with order 18
Offence
111.(1) The recipient must not wilfully contravene an environmental 19
protection order. 20
Maximum penalty--2 000 penalty units or imprisonment for 2 years. 21
(2) The recipient must not contravene an environmental protection order. 22
Maximum penalty--1 665 penalty units. 23
(3) In a proceeding for an offence against subsection (1), if the court is 24
not satisfied the defendant is guilty of the offence charged but is satisfied the 25
defendant is guilty of an offence against subsection (2), the court may find 26
the defendant guilty of the offence against subsection (2). 27
26 Sections 201 and 203 provide for a review of, and appeal against, a decision to
issue an order.
s 112 68 s 113
Environmental Protection
of disposal by recipient 1
Notice
112.(1) This section applies if the recipient of an environmental 2
protection order proposes to dispose of the place or business to which the 3
order relates to someone else (the "buyer"). 4
(2) Before agreeing to dispose of the place or business, the recipient must 5
give written notice to the buyer of the existence of the program. 6
Maximum penalty--50 penalty units. 7
(3) If the recipient does not comply with subsection (2), the buyer may 8
rescind the agreement by written notice given to the recipient before the 9
completion of the agreement or possession under the agreement, whichever 10
is the earlier. 11
(4) On rescission of the agreement under subsection (3)-- 12
(a) a person who was paid amounts by the buyer under the 13
agreement must refund the amounts to the buyer; and 14
(b) the buyer must return to the recipient any documents about the 15
disposal (other than the buyer's copy of the agreement). 16
(5) Subsections (3) and (4) have effect despite anything to the contrary in 17
the agreement. 18
(6) Within 14 days after agreeing to dispose of the place or business, the 19
recipient must give written notice of the disposal to the administering 20
authority. 21
Maximum penalty for subsection (6)--50 penalty units. 22
of ceasing to carry out activity 23
Notice
113. Within 14 days after ceasing to carry out the activity to which an 24
environmental protection order relates, the recipient must give written notice 25
of the ceasing to carry out the activity to the administering authority. 26
Maximum penalty--50 penalty units. 27
s 114 69 s 114
Environmental Protection
ART 9--FINANCIAL ASSURANCES 1
P
financial assurance may be required 2
When
114.(1) The administering authority may, by condition of a licence or 3
approval of an environmental management program, require the licensee or 4
holder of the approval to give the authority financial assurance in any 1 or 5
more of the following forms-- 6
(a) a bank guarantee; 7
(b) a bond; 8
(c) an insurance policy; 9
(d) another form of security the authority considers appropriate.27 10
(2) However, the administering authority may impose a condition 11
requiring a financial assurance to be given only if it is satisfied the condition 12
is justified having regard to-- 13
(a) the degree of risk of environmental harm being caused by the 14
activity carried out, or to be carried out, under the licence or 15
program; and 16
(b) the likelihood of action being required to rehabilitate or restore the 17
environment because of environmental harm being caused by the 18
activity; 19
(c) the environmental record of the licensee or holder. 20
(3) The administering authority must decide the form and amount of the 21
financial assurance. 22
(4) However, the administering authority must not require financial 23
assurance of an amount more than the amount that, in the authority's 24
opinion, represents the total of likely costs and expenses that may be 25
incurred taking action to rehabilitate or restore the environment because of 26
environmental harm being caused by the activity. 27
(5) The administering authority may require a financial assurance to 28
27 Sections 201 and 203 provide for a review of, and appeal against, a decision to
impose conditions on a licence or approval of a program.
s 115 70 s 116
Environmental Protection
remain in force until it is satisfied no claim is likely to be made on the 1
assurance. 2
may show cause why financial assurance should not be 3
Person
required 4
115.(1) Before issuing a licence or certificate of approval of an 5
environmental management program subject to the condition that financial 6
assurance be given, the administering authority must give the applicant for 7
the licence or person who submitted the program a written notice under this 8
section. 9
(2) The notice must-- 10
(a) state the grounds for the condition; and 11
(b) state the form and extent of the financial assurance; and 12
(c) invite the person to make representations to the administering 13
authority to show why the licence or certificate should not be 14
subject to the condition; and 15
(d) state the period (at least 30 days after the notice is given to the 16
person) within which the representations may be made. 17
(3) The representations must be made in writing. 18
(4) Within 28 days after the end of the period stated in the notice, the 19
administering authority must-- 20
(a) consider the representations properly made by the person; and 21
(b) if the administering authority issues the licence or gives the 22
approval subject to the condition that the licensee or holder give 23
financial assurance--the authority must give written notice to the 24
person giving reasons for imposing the condition. 25
for amendment or discharge of financial assurance 26
Application
116.(1) The holder of a licence or an environmental management 27
program approval subject to the condition that financial assurance be given 28
may apply in writing to the administering authority to have the assurance 29
amended or discharged. 30
s 117 71 s 117
Environmental Protection
(2) The application must be supported by enough information to enable 1
the administering authority to decide the application. 2
(3) The administering authority must decide the application within 28 3
days after receiving it and give written notice to the applicant of its decision 4
and, if it refuses the application, the reasons for the decision.28 5
on financial assurances 6
Claims
117.(1) This section applies if the administering authority incurs costs or 7
expenses in taking action to prevent or minimise environmental harm or 8
rehabilitate or restore the environment, in relation to the carrying out of an 9
activity under a licence or an environmental management program approval 10
for which financial assurance has been given. 11
(2) The administering authority may recover the reasonable costs or 12
expenses of taking the action by making a claim on or realising the financial 13
assurance or part of it. 14
(3) Before making the claim on or realising the financial assurance or 15
part of it, the administering authority must give to the licensee or approval 16
holder a written notice under this section. 17
(4) The notice must-- 18
(a) state details of the action taken; and 19
(b) state the amount of the financial assurance to be claimed or 20
realised; and 21
(c) invite the person to make representations to the administering 22
authority to show why the financial assurance should not be 23
claimed or realised as proposed; and 24
(d) state the period (at least 30 days after the notice is given to the 25
person) within which the representations may be made. 26
(5) The representations must be made in writing. 27
(6) After the end of the period stated in the notice, the administering 28
authority must consider the representations properly made by the person. 29
28 Sections 201 and 203 provide for a review of, and appeal against, a decision to
refuse to amend or discharge a financial assurance.
s 118 72 s 119
Environmental Protection
(7) If the administering authority decides to make a claim on or realise 1
the financial assurance or part of it, the authority must immediately give 2
written notice to the licensee or holder of the environmental management 3
program approval of its decision and the reasons for the decision.29 4
PART 10--ENVIRONMENTAL OFFENCES 5
environmental harm 6
Unlawful
118.(1) An act or omission that causes serious or material environmental 7
harm or an environmental nuisance is unlawful ("unlawful environmental 8
harm") unless it is authorised to be done or omitted to be done under-- 9
(a) an environmental protection policy; or 10
(b) an environmental management program; or 11
(c) an environmental protection order; or 12
(d) an environmental authority; or 13
(e) an emergency direction. 14
(2) However, it is a defence to a charge of unlawfully causing 15
environmental harm to prove-- 16
(a) the harm happened while an activity (that is lawful apart from this 17
Act) was being carried out; and 18
(b) the defendant complied with the general environmental duty either 19
by complying with the relevant code of practice (if any) or in 20
some other way. 21
of causing serious environmental harm 22
Offences
119.(1) A person must not wilfully and unlawfully cause serious 23
environmental harm. 24
29 Sections 201 and 203 provide for a review of, and appeal against, a decision to
claim, use or realise a financial assurance or part of a financial assurance.
s 120 73 s 122
Environmental Protection
Maximum penalty--4 165 penalty units or imprisonment for 5 years. 1
(2) A person must not unlawfully cause serious environmental harm. 2
Maximum penalty--1 665 penalty units. 3
(3) In a proceeding for an offence against subsection (1), if the court is 4
not satisfied the defendant is guilty of the offence charged but is satisfied the 5
defendant is guilty of an offence against subsection (2), the court may find 6
the defendant guilty of the offence against subsection (2). 7
of causing material environmental harm 8
Offences
120.(1) A person must not wilfully and unlawfully cause material 9
environmental harm. 10
Maximum penalty--1 665 penalty units or imprisonment for 2 years. 11
(2) A person must not unlawfully cause material environmental harm. 12
Maximum penalty--835 penalty units. 13
(3) In a proceeding for an offence against subsection (1), if the court is 14
not satisfied the defendant is guilty of the offence charged but is satisfied the 15
defendant is guilty of an offence against subsection (2), the court may find 16
the defendant guilty of the offence against subsection (2). 17
may find defendant guilty of causing material environmental 18
Court
harm if charged with causing serious environmental harm 19
121. In a proceeding for an offence against section 119, if the court is not 20
satisfied the defendant is guilty of the offence charged but is satisfied the 21
defendant is guilty of an offence against section 120(1) or (2), the court may 22
find the defendant guilty of the offence against section 120(1) or (2). 23
of causing environmental nuisance 24
Offence
122.(1) A person must not wilfully and unlawfully cause an 25
environmental nuisance. 26
Maximum penalty--835 penalty units. 27
(2) A person must not unlawfully cause an environmental nuisance. 28
s 123 74 s 124
Environmental Protection
Maximum penalty--165 penalty units. 1
(3) In a proceeding for an offence against subsection (1), if the court is 2
not satisfied the defendant is guilty of the offence charged but is satisfied the 3
defendant is guilty of an offence against subsection (2), the court may find 4
the defendant guilty of the offence against subsection (2). 5
of contravention of environmental protection policies 6
Offences
123.(1) A person must not wilfully contravene an environmental 7
protection policy. 8
Maximum penalty-- 9
(a) for a class 1 environmental offence--1 665 penalty units or 10
imprisonment for 2 years; 11
(b) for a class 2 environmental offence--835 penalty units; 12
(c) for a class 3 environmental offence--85 penalty units. 13
(2) A person must not contravene an environmental protection policy. 14
Maximum penalty-- 15
(a) for a class 1 environmental offence--835 penalty units; 16
(b) for a class 2 environmental offence--165 penalty units; 17
(c) for a class 3 environmental offence--50 penalty units. 18
(3) For subsections (1) and (2), an offence of contravening an 19
environmental protection policy is a class 1, 2 or 3 environmental offence if 20
the policy declares the offence to be an offence of that class. 21
(4) In a proceeding for an offence against subsection (1), if the court is 22
not satisfied the defendant is guilty of the offence charged but is satisfied the 23
defendant is guilty of an offence against subsection (2), the court may find 24
the defendant guilty of the offence against subsection (2). 25
of releasing prescribed contaminant 26
Offence
124.(1) In this section-- 27
"prescribed contaminant" means a contaminant prescribed by an 28
environmental protection policy for this section. 29
s 125 75 s 127
Environmental Protection
(2) A person must not release, or cause to be released, a prescribed 1
contaminant into the environment other than under an authorised person's 2
emergency direction. 3
Maximum penalty--165 penalty units. 4
to place contaminant where environmental harm or nuisance 5
Offence
may be caused 6
125. A person must not cause or allow a contaminant to be placed in a 7
position where it could reasonably be expected to cause serious or material 8
environmental harm or environmental nuisance. 9
Maximum penalty--165 penalty units. 10
of interfering with monitoring equipment 11
Offence
126. A person must not interfere with any monitoring equipment used 12
under this Act. 13
Maximum penalty--165 penalty units. 14
CHAPTER 3--INVESTIGATION AND 15
ENFORCEMENT 16
ART 1--ADMINISTRATION GENERALLY 17
P
of authorised persons 18
Appointment
127.(1) The chief executive may appoint any of the following persons to 19
be an authorised person-- 20
(a) an officer of the public service; 21
(b) an employee of the department; 22
s 128 76 s 128
Environmental Protection
(c) a person included in a class of persons declared by regulation to 1
be an approved class of persons for this section. 2
(2) If the administration and enforcement of a matter is devolved to a 3
local government, the local government's chief executive officer may 4
appoint an employee of the local government to be an authorised person. 5
(3) A person may be appointed to be an authorised person only if, in the 6
opinion of the chief executive or local government's chief executive officer, 7
the person has the necessary expertise or experience to be an authorised 8
person. 9
of appointment of authorised persons 10
Terms
128.(1) An authorised person holds office on the conditions stated in the 11
instrument of appointment. 12
(2) An authorised person appointed under section 127(1)(c) 13
(Appointment of authorised persons)-- 14
(a) is appointed for the term stated in the instrument of appointment; 15
and 16
(b) may resign by signed notice given to the chief executive. 17
(3) An authorised person ceases to hold office-- 18
(a) if the authorised person was appointed under 19
section 127(1)(a)--if the authorised person ceases to be an officer 20
of the public service; or 21
(b) if the authorised person was appointed under 22
section 127(1)(b)--if the authorised person ceases to be an 23
employee of the department; or 24
(c) if the authorised person was appointed under 25
section 127(1)(c)--if the authorised person ceases to be a 26
member of the relevant class of persons; or 27
(d) if the authorised person was appointed under section 127(2)--if 28
the authorised person ceases to be an employee of the local 29
government. 30
s 129 77 s 131
Environmental Protection
of authorised persons 1
Powers
129.(1) An authorised person has the powers given under this or another 2
Act. 3
(2) Subsection (1) has effect subject to any limitations-- 4
(a) stated in the authorised person's instrument of appointment; or 5
(b) prescribed by regulation. 6
(3) An authorised person appointed under section 127(2) (Appointment 7
of authorised persons) may exercise powers only for the administration and 8
enforcement of the matter the subject of a devolution to the local 9
government of which the authorised person is an employee. 10
of identity cards 11
Issue
130.(1) The administering executive must issue an identity card to each 12
authorised person. 13
(2) The identity card must-- 14
(a) contain a recent photograph of the authorised person; and 15
(b) be signed by the authorised person; and 16
(c) identify the person as an authorised person; and 17
(d) include an expiry date. 18
(3) Nothing in this section prevents the issue of a single identity card to a 19
person for this Act and other Acts. 20
of identity card 21
Production
131.(1) An authorised person may exercise a power in relation to 22
someone else only if the authorised person-- 23
(a) first produces his or her identity card for the person's inspection; 24
or 25
(b) has his or her identity card displayed so that it is clearly visible to 26
the person. 27
(2) Subsection (1) does not apply to a uniformed police officer exercising 28
powers under Part 4 (Special environmental protection provisions for 29
s 132 78 s 133
Environmental Protection
certain noises). 1
(3) If, for any reason, it is not practicable to comply with subsection (1), 2
the authorised person must produce the identity card for inspection by the 3
person at the first reasonable opportunity. 4
from liability 5
Protection
132.(1) In this section-- 6
"official" means-- 7
(a) an authorised person; or 8
(b) a person acting under the direction of an authorised person. 9
(2) An official does not incur civil liability for an act done, or omission 10
made, honestly and without negligence under this Act. 11
(3) If subsection (2) prevents a civil liability attaching to an official, the 12
liability attaches instead to-- 13
(a) if the official is, or is acting under the direction of, an authorised 14
person appointed by the chief executive officer of a local 15
government--the local government; or 16
(b) if paragraph (a) does not apply--the State. 17
authority may require relevant information 18
Administering
133.(1) The administering authority may give a notice under this section 19
to a person requiring the person to give it information relevant to the 20
administration or enforcement of this Act. 21
(2) The notice may only be given to a person the authority suspects on 22
reasonable grounds has knowledge of a matter, or has possession or control 23
of a document dealing with a matter, for which the information is required. 24
(3) The notice must-- 25
(a) be in the approved form; and 26
(b) state the person to whom it is issued; and 27
(c) state the information required; and 28
(d) state the time within which the information is to be given to the 29
s 134 79 s 134
Environmental Protection
authority; and 1
(e) state why the information is required; and 2
(f) state that the person may apply for a review of, or appeal against, 3
the decision to issue the notice within 14 days;30 and 4
(g) be given to the person.31 5
PART 2--POWERS OF INSPECTORS FOR PLACES 6
AND VEHICLES 7
of place 8
Entry
134.(1) An authorised person may enter a place if-- 9
(a) its occupier consents to the entry; or 10
(b) it is a public place and the entry is made when the place is open to 11
the public; or 12
(c) it is a licensed place or a place to which an approval relates and 13
the entry is made when-- 14
(i) the environmentally relevant activity to which the licence or 15
approval relates is being carried out; or 16
(ii) the place is open for conduct of business; or 17
(iii) is otherwise open for entry; or 18
(d) it is a place where an industry is conducted and the entry is made 19
when-- 20
(i) the place is open for conduct of business; or 21
(ii) is otherwise open for entry; or 22
30 Sections 201 and 203 provide for a review of, and appeal against, a decision to
issue a notice.
31 It is an offence against section 158 to fail to comply with the notice unless the
person has a reasonable excuse for not complying with it.
s 135 80 s 136
Environmental Protection
(e) the entry is authorised by a warrant. 1
(2) Unless the entry is made under the authority of a warrant, the entry 2
must be made at a reasonable time. 3
of land--search, test, sample etc. for release of contaminant 4
Entry
135.(1) In this section-- 5
"land" means a parcel of land other than the part on which a building or 6
structure of any kind is erected. 7
(2) This section applies if unlawful environmental harm has been caused 8
by the release of a contaminant into the environment. 9
(3) An authorised person may enter land for the purpose of finding out 10
or confirming the source of the release of the contaminant. 11
(4) The authorised person may exercise powers under subsection (3), at 12
the time, with the help, and using the force, that is necessary and reasonable 13
in the circumstances. 14
15
Warrants
136.(1) An authorised person may apply to a Magistrate for a warrant for 16
a place. 17
(2) An application must be sworn and state the grounds on which the 18
warrant is sought. 19
(3) The Magistrate may refuse to consider the application until the 20
authorised person gives the Magistrate all the information the Magistrate 21
requires about the application in the way the Magistrate requires. 22
23
Example--
24
The Magistrate may require additional information supporting the application to
25
be given by statutory declaration.
(4) The Magistrate may issue a warrant only if the Magistrate is satisfied 26
there are reasonable grounds for suspecting-- 27
(a) there is a particular thing or activity (the "evidence") that may 28
provide evidence of the commission of an offence against this 29
Act; and 30
s 137 81 s 137
Environmental Protection
(b) the evidence is, or may be within the next 7 days, at the place. 1
(5) The warrant must state-- 2
(a) that the authorised person may, with necessary and reasonable 3
help and force, enter the place and exercise the authorised 4
person's powers under this Act; and 5
(b) the evidence for which the warrant is issued; and 6
(c) the hours of the day when entry may be made; and 7
(d) the day (within 14 days after the warrant's issue) when the 8
warrant ends. 9
(6) The Magistrate must record the reasons for issuing the warrant. 10
made otherwise than in person 11
Warrants--applications
137.(1) An authorised person may apply for a warrant by phone, fax, 12
radio or another form of communication if the authorised person considers 13
it necessary because of-- 14
(a) urgent circumstances; or 15
(b) other special circumstances, including, for example, the 16
authorised person's remote location. 17
(2) Before applying for the warrant, the authorised person must prepare 18
an application stating the grounds on which the warrant is sought. 19
(3) The authorised person may apply for the warrant before the 20
application is sworn. 21
(4) After issuing the warrant, the Magistrate must immediately fax a 22
copy to the authorised person if it is reasonably practicable to fax the copy. 23
(5) If it is not reasonably practicable to fax a copy of the warrant to the 24
authorised person-- 25
(a) the Magistrate must-- 26
(i) tell the authorised person what the terms of the warrant are; 27
and 28
(ii) tell the authorised person the date and time the warrant was 29
signed; and 30
s 138 82 s 138
Environmental Protection
(iii) record on the warrant the reasons for issuing the warrant; 1
and 2
(b) the authorised person must write on a form of warrant ("warrant 3
form")-- 4
(i) the Magistrate's name; and 5
(ii) the date and time the Magistrate signed the warrant; and 6
(iii) the warrant's terms. 7
(6) The facsimile warrant, or the warrant form properly completed by the 8
authorised person, authorises the entry and the exercise of the other powers 9
authorised by the warrant issued by the Magistrate. 10
(7) The authorised person must, at the first reasonable opportunity, send 11
to the Magistrate-- 12
(a) the sworn application; and 13
(b) if a warrant form was completed by the authorised person--the 14
completed warrant form. 15
(8) On receiving the documents, the Magistrate must attach them to the 16
warrant. 17
(9) Unless the contrary is proved, a court must presume that a power 18
exercised by an authorised person was not authorised by a warrant issued 19
under this section if-- 20
(a) a question arises, in a proceeding before the court, whether the 21
exercise of power was authorised by a warrant; and 22
(b) the warrant is not produced in evidence. 23
or boarding of vehicles 24
Entry
138.(1) An authorised person may enter or board a vehicle if the 25
authorised person has reasonable grounds for suspecting-- 26
(a) the vehicle is being, or has been, used in the commission of an 27
offence against this Act; or 28
(b) the vehicle, or a thing in or on the vehicle, may provide evidence 29
of the commission of an offence against this Act; or 30
s 139 83 s 139
Environmental Protection
(c) the vehicle is of a type prescribed by regulation and is being used 1
to transport waste of a type prescribed by regulation; or 2
(d) if the vehicle is a train--the train is being used to transport waste 3
of a type prescribed by regulation. 4
(2) If the vehicle is moving or about to move, the authorised person may 5
signal the person in control of the vehicle to stop the vehicle or not to move 6
it.32 7
(3) To enable the vehicle to be entered or boarded, the authorised person 8
may-- 9
(a) act with necessary and reasonable help and force; and 10
(b) require the person in control of the vehicle to give reasonable help 11
to the authorised person.33 12
powers for places and vehicles 13
General
139.(1) An authorised person who enters a place, or enters or boards a 14
vehicle, under this Chapter may-- 15
(a) search any part of the place or vehicle; or 16
(b) inspect, examine, test, measure, photograph or film the place or 17
vehicle or anything in or on the place or vehicle; or 18
(c) take samples of any contaminant, substance or thing in or on the 19
place or vehicle; or 20
(d) record, measure, test or analyse the release of contaminants into 21
the environment from the place or vehicle; or 22
(e) take extracts from, or make copies of, any documents in or on the 23
place or vehicle; or 24
(f) take into or onto the place or vehicle any persons, equipment and 25
materials the authorised person reasonably requires for the 26
32 It is an offence against section 159(1) to fail to comply with the requirement
unless the person has a reasonable excuse for not complying with it.
33 It is an offence against section 160(2) to fail to comply with the requirement
unless the person has a reasonable excuse for not complying with it.
s 139 84 s 139
Environmental Protection
purpose of exercising any powers in relation to the place or 1
vehicle; or 2
(g) install or maintain any equipment and materials in or on the place 3
or vehicle the authorised person reasonably requires for the 4
purpose of conducting a monitoring program for the release of 5
contaminants into the environment from the place or vehicle; or 6
(h) require the occupier of the place, or any person in or on the place 7
or vehicle, to give to the authorised person reasonable help for the 8
exercise of the powers mentioned in paragraphs (a) to (g);34 or 9
(i) if the authorised person enters or boards a vehicle--by written 10
notice given to the person in control of the vehicle, require the 11
person-- 12
(i) to take the vehicle to a stated reasonable place by a stated 13
reasonable time; and 14
(ii) if necessary, to remain in control of the vehicle at the place 15
for a reasonable time; 16
to enable the authorised person to exercise the powers mentioned 17
in paragraphs (a) to (g).35 18
(2) If, for any reason, it is not practicable to make a requirement under 19
subsection (1)(i) by written notice, the requirement may be made orally and 20
confirmed by written notice as soon as practicable. 21
(3) Nothing in this section prevents an authorised person making a 22
further requirement under subsection (1)(i) of the same person or another 23
person in relation to the same vehicle if it is necessary and reasonable to 24
make the further requirement. 25
(4) An authorised person may not enter a part of a vehicle used only as a 26
living area, or exercise a power under subsection (1)(a) to (g) in relation to 27
that part, unless the authorised person is accompanied by the person in 28
control of the vehicle. 29
34 It is an offence against section 161(2) or 162(2) to fail to comply with the
requirement unless the person has a reasonable excuse for not complying with it.
35 It is an offence against section 160(2) to fail to comply with the requirement
unless the person has a reasonable excuse for not complying with it.
s 140 85 s 140
Environmental Protection
(5) Subsection (4) does not apply if the person in control of the vehicle is 1
unavailable or unwilling to accompany the authorised person or the 2
authorised person is unable for another reason to comply with the 3
subsection. 4
(6) This section does not apply to an authorised person who enters a 5
place to get the occupier's consent unless the consent is given or the entry is 6
otherwise authorised. 7
(7) This section does not limit any power that an authorised person has 8
apart from this section. 9
to seize evidence 10
Power
140.(1) An authorised person who enters a place under this Chapter with 11
a warrant may seize the evidence for which the warrant was issued. 12
(2) An authorised person who enters a place under this Chapter with the 13
occupier's consent may seize the particular thing for which the entry was 14
made if the authorised person believes on reasonable grounds that the thing 15
is evidence of an offence against this Act. 16
(3) An authorised person who enters a place under this Chapter with a 17
warrant or with the occupier's consent may also seize another thing if the 18
authorised person believes on reasonable grounds-- 19
(a) the thing is evidence of an offence against this Act; and 20
(b) the seizure is necessary to prevent the thing being-- 21
(i) concealed, lost or destroyed; or 22
(ii) used to commit, continue or repeat the offence. 23
(4) An authorised person who enters a place under this Chapter other 24
than with a warrant or with the occupier's consent, or who enters or boards 25
a vehicle, may seize a thing if the authorised person believes on reasonable 26
grounds-- 27
(a) the thing is evidence of an offence against this Act; and 28
(b) the seizure is necessary to prevent the thing being-- 29
(i) concealed, lost or destroyed; or 30
(ii) used to commit, continue or repeat the offence. 31
s 141 86 s 142
Environmental Protection
after seizure of evidence 1
Procedure
141.(1) As soon as practicable after a thing is seized by an authorised 2
person under this Chapter, the authorised person must give a receipt for it to 3
the person from whom it was seized. 4
(2) The receipt must describe generally each thing seized and its 5
condition. 6
(3) If, for any reason, it is not practicable to comply with subsection (1), 7
the authorised person must-- 8
(a) leave the receipt at the place of seizure; and 9
(b) ensure the receipt is left in a reasonably secure way and in a 10
conspicuous position. 11
(4) The authorised person must allow a person who would be entitled to 12
the seized thing if it were not in the authorised person's possession to 13
inspect it and, if it is a document, to take extracts from it or make copies of 14
it. 15
(5) The authorised person must return the seized thing to its owner at the 16
end of-- 17
(a) 6 months; or 18
(b) if a prosecution for an offence involving it is started within the 19
6 months--the prosecution for the offence and any appeal from 20
the prosecution. 21
(6) Despite subsection (4), the authorised person must return the seized 22
thing to its owner immediately the authorised person stops being satisfied 23
its retention as evidence is necessary. 24
(7) However, the authorised person may keep the seized thing if the 25
authorised person believes, on reasonable grounds, it is necessary to 26
continue to keep it to prevent its use in committing an offence. 27
of seized thing on conviction 28
Forfeiture
142.(1) Despite section 141 (Procedure after seizure of evidence), if the 29
owner of the seized thing is convicted of an offence for which the thing was 30
retained as evidence, the court may order its forfeiture to-- 31
(a) if the authorised person exercised the power of seizure in the 32
s 143 87 s 143
Environmental Protection
enforcement of a matter devolved to a local government--the 1
local government; or 2
(b) if paragraph (a) does not apply--the State. 3
(2) The forfeited thing becomes the property of the local government or 4
State and may be destroyed or disposed of as directed by the administering 5
executive. 6
(3) This section does not limit the court's powers under the Penalties 7
and Sentences Act 1992 or any other law. 8
ART 3--OTHER ENFORCEMENT POWERS OF 9
P
INSPECTORS 10
to require name and address 11
Power
143.(1) An authorised person may require a person to state the person's 12
name and address if the authorised person-- 13
(a) finds the person committing an offence against this Act; or 14
(b) finds the person in circumstances that lead, or has information 15
that leads, the authorised person to suspect on reasonable grounds 16
that the person has committed an offence against this Act.36 17
(2) When making the requirement, the authorised person must warn the 18
person that it is an offence against this Act to fail to state the person's name 19
and address, unless the person has a reasonable excuse. 20
(3) The authorised person may require the person to give evidence of the 21
correctness of the person's name or address if the authorised person 22
suspects on reasonable grounds that the name or address given is false.37 23
36 It is an offence against section 163(1) to fail to comply with the requirement
unless the person has a reasonable excuse for not complying with it.
37 It is an offence against section 163(2) to fail to comply with the requirement
unless the person has a reasonable excuse for not complying with it.
s 144 88 s 145
Environmental Protection
(4) If an authorised person who is a police officer exercising powers 1
under Part 4 (Special environmental protection provisions for certain noise) 2
believes on reasonable grounds that-- 3
(a) a person has not complied with the officer's requirement under 4
subsection (1) or (3); and 5
(b) proceedings by way of complaint and summons against the 6
person would be ineffective; 7
the officer may arrest the person without warrant. 8
to require answers to questions 9
Power
144.(1) This section applies if an authorised person suspects, on 10
reasonable grounds, that-- 11
(a) an offence against this Act has happened; and 12
(b) a person may be able to give information about the offence. 13
(2) The authorised person may require the person to answer a question 14
about the offence.38 15
(3) When making the requirement, the authorised person must warn the 16
person it is an offence to fail to comply with the requirement, unless the 17
person has a reasonable excuse. 18
to require production of documents 19
Power
145.(1) An authorised person may require a person to produce a 20
document required to be held or kept by the person under this Act to the 21
authorised person for inspection.39 22
(2) The authorised person may keep a produced document to take an 23
extract from, or make a copy of, the document. 24
38 It is an offence against section 165(2) to fail to comply with the requirement
unless the person has a reasonable excuse for not complying with it.
39 It is an offence against section 166 to fail to comply with the requirements
unless the person has a reasonable excuse for not complying with it.
s 146 89 s 147
Environmental Protection
(3) The authorised person must return the document to the person as 1
soon as practicable after taking the extract or making the copy. 2
PART 4--SPECIAL ENVIRONMENTAL 3
PROTECTION PROVISIONS FOR CERTAIN NOISE 4
5
Definitions
146. In this Part-- 6
"Aboriginal police officer" means an Aboriginal police officer under the 7
Community Services (Aborigines) Act 1984. 8
"Island police officer" means an Island police officer under the 9
Community Services (Torres Strait) Act 1984. 10
"place" includes-- 11
(a) land or premises; and 12
(b) a vehicle. 13
"police officer" includes an Aboriginal or Island police officer. 14
of Division 15
Application
147.(1) This Part applies to the abatement of environmental nuisance 16
caused by excessive noise that-- 17
(a) is emitted from a place by-- 18
(i) a musical instrument; or 19
(ii) an appliance for electrically producing or amplifying music 20
or other sounds; or 21
(iii) a motor vehicle other than a motor vehicle on a road; or 22
(iv) a gathering of people for a meeting, party, celebration or 23
similar occasion; and 24
(b) is audible in any residential or commercial premises. 25
s 148 90 s 149
Environmental Protection
(2) However, this Part does not apply to the abatement of excessive noise 1
emitted from a place-- 2
(a) while being used for an open-air concert or commercial 3
entertainment; or 4
(b) by a public meeting under a permit under any Act or law 5
authorising the amplification or reproduction of sound by-- 6
(i) any electrical or mechanical appliance, apparatus or device; 7
or 8
(ii) another way. 9
to police about noise 10
Complaint
148.(1) If a person reasonably believes noise emitted from any place is 11
excessive noise, the person may make a complaint to a police officer about 12
the noise. 13
(2) As soon as practicable after the complaint is made, the police officer 14
must investigate the complaint, or cause the complaint to be investigated, 15
unless the officer believes the complaint is frivolous or vexatious. 16
of police officers on investigation of complaint 17
Powers
149.(1) This section applies if a police officer is reasonably satisfied-- 18
(a) the noise complained of is clearly audible at or near the 19
complainant's residential or commercial premises; and 20
(b) the noise is excessive noise in the circumstances. 21
(2) In deciding whether noise is excessive noise in the circumstances, a 22
police officer may have regard to-- 23
(a) the degree of interference that the noise is causing or is likely to 24
cause to the conduct of activities ordinarily carried out in the 25
neighbourhood of the place from which the noise is being 26
emitted; and 27
(b) the nature of the lawful uses permitted for premises in the 28
neighbourhood of the place from which the noise is being 29
emitted. 30
s 150 91 s 150
Environmental Protection
(3) A police officer may-- 1
(a) without a warrant, enter the place from which the noise is being 2
emitted; and 3
(b) direct the occupier of the place, and the other persons who appear 4
to the officer to be responsible for causing the noise or permitting 5
the noise to be caused, to immediately abate the excessive noise (a 6
"noise abatement direction").40 7
(4) The police officer may exercise the powers mentioned in 8
subsection (3) at the time, with the help and using the force that is necessary 9
and reasonable in the circumstances. 10
(5) A noise abatement direction may be given orally or by written notice. 11
powers of police officers on later investigation 12
Additional
150.(1) This section applies if-- 13
(a) a noise abatement direction has been given about a place; and 14
(b) within 12 hours after the direction is given, a police officer is 15
satisfied on further investigation the officer is entitled to exercise 16
the powers mentioned in section 149 (Powers of police officers 17
on investigation of complaint) about the same place. 18
(2) A police officer may-- 19
(a) without a warrant, enter the place from which the noise is being 20
emitted; and 21
(b) in relation to the property that is or was being used to produce or 22
contribute to the production of the noise-- 23
(i) locking, sealing or otherwise dealing with it in a way to 24
prevent its further use;41 or 25
(ii) seizing and removing it from the place; or 26
(iii) making it inoperable by removing any part or parts and 27
40 It is an offence against section 166 to fail to comply with the direction.
41 It is an offence against section 167 to unlock, unseal or use the property.
s 151 92 s 152
Environmental Protection
seizing and removing the part or parts from the place. 1
(3) If the police officer seizes property under subsection (2)(b), the 2
officer must take the property to a police station to be held in safe custody. 3
(4) The police officer may exercise the powers mentioned in 4
subsection (2) at the time, with the help and using the force that is necessary 5
and reasonable in the circumstances. 6
(5) However, in exercising or attempting to exercise the powers, the 7
police officer must take all reasonable steps to ensure the officer does as 8
little damage as is practicable in the circumstances. 9
officer to give notice of damage 10
Police
151.(1) If a police officer damages anything in the exercise of a power 11
under this Part, the officer must immediately advise the person who appears 12
to the officer to be the owner of the thing of the particulars of the damage, 13
unless the officer is reasonably satisfied the person knows of the damage. 14
(2) The advice may be given orally or by written notice. 15
(3) If-- 16
(a) the advice is given orally; or 17
(b) advice is not given because the officer is reasonably satisfied the 18
person knew of the damage; 19
the police officer must, as soon as practicable, give written notice of the 20
particulars of the damage to the person. 21
of seized property 22
Recovery
152.(1) Property seized by a police officer may be claimed by the-- 23
(a) owner of the property or a person acting for the owner; or 24
(b) the person from whose possession the property was seized or 25
someone else acting for the person. 26
(2) The claim may only be made during office hours on a business day 27
not earlier than 24 hours after the seizure of the property. 28
(3) A police officer must not give seized property to a person claiming it 29
s 153 93 s 154
Environmental Protection
unless the officer is satisfied the claimant is-- 1
(a) the owner of the property or the person from whose possession 2
the property was seized; or 3
(b) a person acting for a person mentioned in paragraph (a).42 4
of costs of seizure etc. 5
Recovery
153. The State may recover as a debt owing to it the reasonable costs 6
incurred by a police officer exercising powers under section 150 (Additional 7
powers of police officers on later investigation). 8
powers and role of police officers 9
General
154.(1) For this Part, a police officer has the powers of an authorised 10
person under the following sections-- 11
· section 143 (Power to require name and address) 12
· section 144 (Power to require answers to questions). 13
(2) While exercising powers, a police officer is taken to be an authorised 14
person under the following sections-- 15
· section 163 (Failure to give name and address etc.) 16
· section 164 (Failure to answer questions); 17
· section 180 (Special evidentiary provision--environmental 18
nuisance). 19
(3) However, an Aboriginal or Island police officer may exercise powers 20
only in the Aboriginal or Torres Strait Islander local government area for 21
which the officer is appointed. 22
42 Unclaimed property may be disposed of under section 10.15 of the Police Service
Administration Act 1990 (Property in police possession).
s 155 94 s 155
Environmental Protection
ART 5--EMERGENCY POWERS OF INSPECTORS 1
P
powers 2
Emergency
155.(1) This section applies if an authorised person is satisfied on 3
reasonable grounds-- 4
(a) serious or material environmental harm has been, or is likely to 5
be, caused; and 6
(b) urgent action is necessary to-- 7
(i) prevent or minimise the harm being caused; or 8
(ii) rehabilitate or restore the environment because of the harm. 9
(2) The authorised person may-- 10
(a) direct any person to take specified reasonable action within a 11
specified reasonable time;43 or 12
(b) take the action, or authorise another person to take the action. 13
(3) The direction may be given orally or by written notice. 14
(4) However, if the direction is given orally, the authorised person must, 15
as soon as practicable, confirm the direction by written notice given to the 16
person. 17
(5) If the authorised person decides to take the action, the authorised 18
person may-- 19
(a) without a warrant, enter any place (other than premises, or the 20
part of premises, used only for residential purposes) and take the 21
action; and 22
(b) in taking the action, exercise any of the powers under this 23
Chapter; and 24
(c) if, in taking the action, the authorised person finds a thing that 25
may provide evidence of the commission of an offence against 26
this Act--sections 140(1) (Power to seize evidence) and 141 27
(Procedure after seizure of evidence) apply to the thing as if the 28
43 It is an offence against section 168 to fail to comply with the direction unless the
person has a reasonable excuse for not complying with it.
s 155 95 s 155
Environmental Protection
thing were the evidence mentioned in the provisions and a 1
warrant had been issued to the authorised person authorising the 2
authorised person to seize it. 3
(6) The authorised person may exercise the powers mentioned in 4
subsection (5) ("emergency powers") at the time, with the help, and using 5
the force, that is necessary and reasonable in the circumstances. 6
(7) If a person or thing is obstructing or preventing entry to, or action 7
being taken at, any place by an authorised person while exercising or 8
attempting to exercise emergency powers, a police officer may, if asked by 9
the officer, using the force that is necessary and reasonable-- 10
(a) remove the person or thing from the place; and 11
(b) take all reasonable measures to ensure the person or thing does 12
not again obstruct or prevent the action being taken. 13
(8) In exercising or attempting to exercise emergency powers, an 14
authorised person must take all reasonable steps to ensure the authorised 15
person causes as little inconvenience, and does as little damage, as is 16
practicable in the circumstances. 17
(9) This section does not limit any power an authorised person has apart 18
from this section. 19
(10) If an authorised person authorises a person to take action under 20
subsection (2)(b)-- 21
(a) the person may exercise the powers mentioned in 22
subsection (5)(a); and 23
(b) the authorised person must inform the person-- 24
(i) of the action the person is authorised to take; and 25
(ii) of the person's powers under this section; and 26
(iii) in general terms, of the provisions of section 176 (Inspector 27
to give notice of seizure or damage); and 28
(c) subsections (6), (7) and (8) (so far as they relate to the power 29
mentioned in subsection (5)(a)) apply to the person as if the 30
person were the authorised person. 31
s 156 96 s 158
Environmental Protection
may direct emergency release of contaminant 1
Inspector
156.(1) An authorised person may give a written direction (an 2
"emergency direction") to a person to release a contaminant into the 3
environment if the authorised person is satisfied-- 4
(a) it is necessary and reasonable to release the contaminant because 5
of an emergency; and 6
(b) there is no other practicable alternative to the release.44 7
(2) The authorised person may impose reasonable conditions on the 8
direction. 9
ART 6--OFFENCES 10
P
of authorised person to return identity card 11
Failure
157. A person who ceases to be an authorised person must return the 12
person's identity card to the administering executive who issued it as soon 13
as practicable after ceasing to be an authorised person, unless the person has 14
a reasonable excuse for not returning it. 15
Maximum penalty--50 penalty units. 16
to give information to administering authority 17
Failure
158.(1) This section applies if a person is given a notice under 18
section 133 (Administering authority may require relevant information). 19
(2) The person must comply with the notice unless the person has a 20
reasonable excuse for not complying with it. 21
Maximum penalty--50 penalty units. 22
(3) It is a reasonable excuse for the person to fail to comply with the 23
notice if complying with it might tend to incriminate the person. 24
44 It is an offence against section 169 to fail to comply with the direction unless the
person has a reasonable excuse for not complying with it.
s 159 97 s 160
Environmental Protection
(4) The person does not commit an offence against this section if the 1
information sought by the administering authority is not in fact relevant to 2
the administration or enforcement of this Act. 3
to comply with signal 4
Failure
159.(1) A person must obey a signal under section 138(2) (Entry or 5
boarding of vehicles) to stop or not to move a vehicle, unless the person has 6
a reasonable excuse for not obeying the signal. 7
Maximum penalty--50 penalty units. 8
(2) It is a reasonable excuse for the person to fail to stop or to move the 9
vehicle if-- 10
(a) to obey immediately the signal would have endangered the person 11
or another person; and 12
(b) the person obeys the signal as soon as it is practicable to obey the 13
signal. 14
to comply with requirements about vehicles 15
Failure
160.(1) In this section-- 16
"required action" for a vehicle, means-- 17
(a) to bring the vehicle to a place; and 18
(b) to remain in control of the vehicle at a place for a reasonable time. 19
(2) A person who is required by an authorised person under 20
section 138(3)(b) (Entry or boarding of vehicles) to give reasonable help to 21
the authorised person to enable the entering or boarding of a vehicle must 22
comply with the requirement, unless the person has a reasonable excuse for 23
not complying with it. 24
Maximum penalty--50 penalty units. 25
(3) A person who is required by an authorised person under 26
section 139(1)(i) (General powers for places and vehicles) to take required 27
action in relation to a vehicle must comply with the requirement, unless the 28
person has a reasonable excuse for not complying with it. 29
Maximum penalty--50 penalty units. 30
s 161 98 s 161
Environmental Protection
to help authorised person--emergency 1
Failure
161.(1) This section applies if-- 2
(a) in an emergency, an authorised person is exercising or attempting 3
to exercise emergency powers; and 4
(b) for dealing with the emergency, the authorised person requires a 5
person under section 139(1)(h) (General powers for places and 6
vehicles) to give reasonable help to the authorised person in 7
relation to the exercise of a power. 8
(2) The person must comply with the requirement, unless the person has 9
a reasonable excuse for not complying with it. 10
Maximum penalty--100 penalty units. 11
(3) If the help required is the answering of a question or producing of a 12
document (other than a document required to be held or kept by the person 13
under this Act), it is not a reasonable excuse for the person to fail to answer 14
the question, or produce the document, on the ground that complying with 15
the requirement might tend to incriminate the person. 16
(4) When making a requirement mentioned in subsection (3), the 17
authorised person must inform the person of the following-- 18
(a) the person is obliged to answer the question or produce the 19
document despite the rule of law relating to privilege against 20
self-incrimination; 21
(b) the person may answer the question or produce the document 22
subject to the objection that complying with the requirement 23
might tend to incriminate the person; 24
(c) if the person makes an objection--the answer or the producing of 25
the document may not be admitted in evidence against the person 26
in a prosecution for an offence against this Act, other than an 27
offence (constituted by the giving of the answer or producing of 28
the document) against either of the following sections-- 29
· section 170 (False, misleading or incomplete documents) 30
· section 171 (False or misleading information). 31
(5) If, before giving the answer or producing the document, the person 32
makes an objection, the answer or producing of the document is not 33
s 162 99 s 163
Environmental Protection
admissible in evidence against the person in a prosecution for an offence 1
against this Act, other than an offence (constituted by the giving of the 2
answer or producing of the document) against either of the following 3
sections-- 4
· section 170 (False, misleading or incomplete documents) 5
· section 171 (False or misleading information). 6
to help authorised person--other cases 7
Failure
162.(1) This section applies if-- 8
(a) an authorised person requires a person under section 139(1)(h) 9
(General powers for places and vehicles) to give reasonable help 10
to the authorised person in relation to the exercise of a power; but 11
(b) section 161 (Failure to help authorised person--emergency) does 12
not apply. 13
(2) The person must comply with the requirement, unless the person has 14
a reasonable excuse for not complying with it. 15
Maximum penalty--50 penalty units. 16
(3) If the help required is the answering of a question or producing of a 17
document (other than a document required to be held or kept by the person 18
under this Act), it is a reasonable excuse for the person to fail to answer the 19
question, or produce the document, if complying with the requirement 20
might tend to incriminate the person. 21
to give name and address etc. 22
Failure
163.(1) A person who is required by an authorised person under 23
section 143(1) (Power to require name and address) to state the person's 24
name or address must comply with the requirement, unless the person has a 25
reasonable excuse for not complying with it. 26
Maximum penalty--50 penalty units. 27
(2) A person who is required by an authorised person under 28
section 143(3) to give evidence of the correctness of a name or address 29
must give the evidence, unless the person has a reasonable excuse for not 30
complying with it. 31
s 164 100 s 166
Environmental Protection
Maximum penalty--50 penalty units. 1
(3) The person does not commit an offence against this section if-- 2
(a) the authorised person required the person to state the person's 3
name and address on suspicion of the person having committed 4
an offence against this Act; and 5
(b) the person is not proved to have committed the offence. 6
to answer questions 7
Failure
164.(1) This section applies if-- 8
(a) an authorised person requires a person under section 144(1) 9
(Power to require answers to questions) to answer a question; but 10
(b) section 161 (Failure to help authorised person--emergency) does 11
not apply. 12
(2) The person must comply with the requirement, unless the person has 13
a reasonable excuse for not complying with it. 14
Maximum penalty--50 penalty units. 15
(3) It is a reasonable excuse for the person to fail to answer the question 16
if complying with the requirement might tend to incriminate the person. 17
(4) The person does not commit an offence against this section if the 18
information sought by the authorised person is not in fact relevant to the 19
offence. 20
to produce document 21
Failure
165. A person who is required under section 145 (Power to require 22
production of documents) to produce a document must comply with the 23
requirement, unless the person has a reasonable excuse for not complying 24
with it. 25
Maximum penalty--50 penalty units. 26
with noise abatement direction 27
Compliance
166.(1) A person to whom a noise abatement direction is given must-- 28
s 167 101 s 169
Environmental Protection
(a) immediately comply with the direction; and 1
(b) refrain from the emission, or contributing to the emission, of 2
excessive noise from the place to which the direction relates for a 3
period of 12 hours from the giving of the direction. 4
Maximum penalty--10 penalty units. 5
(2) A person who knows that a noise abatement direction has been given 6
must refrain from the emission, or contributing to the emission, of 7
excessive noise from the place to which the direction relates for a period of 8
12 hours from the giving of the direction. 9
Maximum penalty--10 penalty units. 10
(3) For the purpose of applying subsection (1) or (2), it is immaterial that 11
noise emitted from a place in contravention of the subsections is not of the 12
same level or nature of the excessive noise for which the noise abatement 13
direction was given. 14
to interfere with locked etc. property 15
Offence
167. If a police officer locks, seals or otherwise deals with property 16
under section 150(2)(b)(i) (Additional powers of police officers on later 17
investigation), a person must not unlock, unseal or use the property within 18
24 hours after the noise abatement notice was given about the place where 19
the property is found. 20
Maximum penalty--100 penalty units. 21
to comply with authorised person's direction in emergency 22
Failure
168. A person to whom a notice is given under section 155(2)(a) 23
(Emergency powers) must comply with the notice, unless the person has a 24
reasonable excuse for not complying with it. 25
Maximum penalty--100 penalty units. 26
in relation to release of contaminant in emergency 27
Offences
169. A person to whom an emergency direction is given must-- 28
(a) comply with the direction (including a condition of the direction), 29
s 170 102 s 171
Environmental Protection
unless the person has a reasonable excuse for not complying with 1
it; and 2
(b) take all reasonable and practicable precautions to prevent or 3
minimise-- 4
(i) environmental harm being caused; and 5
(ii) the risk of death or injury to humans and animals; and 6
(iii) loss or damage to property. 7
Maximum penalty--100 penalty units. 8
misleading or incomplete documents 9
False,
170.(1) A person must not give to the administering authority or an 10
authorised person a document containing information that the person knows 11
is false, misleading or incomplete in a material particular. 12
Maximum penalty--165 penalty units. 13
(2) Subsection (1) does not apply to a person who, when giving the 14
document-- 15
(a) informs the authorised person of the extent to which the 16
document is false, misleading or incomplete; and 17
(b) gives the correct information to the authorised person if the 18
person has, or can reasonably obtain, the correct information. 19
(3) A complaint against a person for an offence against subsection (1) is 20
sufficient if it states that the document was false, misleading or incomplete 21
to the person's knowledge. 22
or misleading information 23
False
171.(1) A person must not-- 24
(a) state anything to an authorised person that the person knows is 25
false or misleading in a material particular; or 26
(b) omit from a statement made to an authorised person anything 27
without which the statement is, to the person's knowledge, 28
misleading in a material particular. 29
s 172 103 s 174
Environmental Protection
Maximum penalty--165 penalty units. 1
(2) A complaint against a person for an offence against subsection (1)(a) 2
or (b) is sufficient if it states that the statement made was false or 3
misleading to the person's knowledge. 4
of authorised persons 5
Obstruction
172.(1) In this section-- 6
"authorised person" includes a person who is authorised by an authorised 7
person to take action under section 155(2)(b) (Emergency powers). 8
(2) A person must not obstruct an authorised person in the exercise of a 9
power under this Chapter, unless the person has a reasonable excuse for 10
obstructing the authorised person. 11
Maximum penalty--100 penalty units. 12
of authorised person 13
Impersonation
173. A person must not pretend to be an authorised person. 14
Maximum penalty--50 penalty units. 15
to commit offences 16
Attempts
174.(1) A person who attempts to commit an offence against this Act 17
commits an offence. 18
Maximum penalty--half the maximum penalty for committing the offence. 19
(2) Section 4 of the Criminal Code (Attempts to commit offences) 20
applies to subsection (1). 21
s 175 104 s 176
Environmental Protection
PART 7--GENERAL 1
to entry 2
Consent
175.(1) This section applies if an authorised person intends to seek the 3
consent of an occupier of a place to an authorised person entering the place 4
under this Chapter. 5
(2) Before seeking the consent, the authorised person must inform the 6
occupier-- 7
(a) of the purpose of the entry; and 8
(b) that anything found and seized may be used in evidence in court; 9
and 10
(c) that the occupier is not required to consent. 11
(3) If the consent is given, the authorised person may ask the occupier to 12
sign an acknowledgment of the consent. 13
(4) The acknowledgment must-- 14
(a) state the occupier was informed-- 15
(i) of the purpose of the entry; and 16
(ii) that anything found and seized may be used in evidence in 17
court; and 18
(iii) that the occupier was not required to consent; and 19
(b) state the occupier gave the authorised person consent under this 20
Chapter to enter the place and exercise powers under this Chapter. 21
(5) If the occupier signs an acknowledgment of consent, the authorised 22
person must immediately give a copy to the occupier. 23
to give notice of seizure or damage 24
Inspector
176.(1) This section applies if-- 25
(a) an authorised person seizes or damages anything in the exercise 26
of a power under this Chapter; or 27
(b) a person who is authorised by an authorised person under 28
s 177 105 s 177
Environmental Protection
section 155(2)(b) (Emergency powers) to take action damages 1
anything in the exercise of a power under section 155. 2
(2) The authorised person must immediately give written notice of the 3
particulars of the seizure or damage. 4
(3) The notice must be given to-- 5
(a) if anything is seized--the person from whom the thing was 6
seized; or 7
(b) if anything is damaged--the person who appears to the 8
authorised person to be the owner of the thing. 9
(4) If, for any reason, it is not practicable to comply with subsection (2), 10
the authorised person must-- 11
(a) leave the notice at the place where the seizure or damage 12
happened; and 13
(b) ensure it is left-- 14
(i) in a reasonably secure way; and 15
(ii) in a conspicuous position. 16
17
Compensation
177.(1) A person may claim compensation if the person incurs loss or 18
expense because of the exercise or purported exercise of a power under this 19
Chapter, including, for example, in complying with a requirement made of 20
the person under this Chapter. 21
(2) The compensation must be claimed from-- 22
(a) if the power or requirement that gives rise to the claim was 23
exercised or made by an authorised person appointed by the chief 24
executive officer of a local government, or a person authorised by 25
such an authorised person under section 155(2)(b) (Emergency 26
powers) to take action--the local government; or 27
(b) if paragraph (a) does not apply--the State. 28
(3) Payment of compensation may be claimed and ordered in a 29
proceeding for-- 30
(a) compensation brought in a court of competent jurisdiction; or 31
s 178 106 s 179
Environmental Protection
(b) an offence against this Act brought against the person making the 1
claim for compensation. 2
(4) A court may order the payment of compensation for the loss or 3
expense only if it is satisfied it is just to make the order in the circumstances 4
of the particular case. 5
authority to reimburse costs and expenses incurred 6
Administering
178.(1) If a person incurs costs and expenses in complying with a 7
direction under section 155(2)(a) (Emergency powers), the administering 8
authority must reimburse the person's reasonable costs and expenses. 9
(2) Subsection (1) does not apply to the person who caused or allowed 10
the relevant situation mentioned in section 155(1) to happen. 11
CHAPTER 4--LEGAL PROCEEDINGS 12
ART 1--EVIDENCE 13
P
provisions 14
Evidentiary
179.(1) This section applies to a proceeding under or in relation to this 15
Act. 16
(2) Unless a party, by reasonable notice, requires proof of-- 17
(a) the appointment of an authorised person under this Act; or 18
(b) the authority of an authorised person to do an act under this Act; 19
the appointment or authority must be presumed. 20
(3) A signature purporting to be the signature of the administering 21
executive or an authorised person is evidence of the signature it purports to 22
be. 23
(4) A certificate purporting to be signed by the Minister stating that a 24
s 179 107 s 179
Environmental Protection
stated person is or was the administering authority or administering 1
executive at a time, or during a stated period, is evidence of the matter stated 2
in the certificate. 3
(5) A certificate purporting to be signed by the administering executive 4
stating any of the following matters is evidence of the matter-- 5
(a) a stated document is a copy of a notice, direction, decision, order, 6
licence or other authority issued or given under this Act; 7
(b) on a stated day, or during a stated period, a stated person was or 8
was not the holder of a licence, permit or other authority issued or 9
given under this Act; 10
(c) a licence or other authority-- 11
(i) was or was not issued or given for a stated term; or 12
(ii) was or was not in force on a stated day or during a stated 13
period; or 14
(iii) was or was not subject to a stated condition; 15
(d) on a stated day, a licence was suspended for a stated period or 16
cancelled; 17
(e) on a stated day, a stated person was given a stated notice, 18
direction, or order under this Act; 19
(f) a stated document is a copy of a part of the register kept under 20
this Act; 21
(g) a stated amount is payable under this Act by a stated person and 22
has not been paid; 23
(h) that a stated substance is a contaminant or an ozone depleting 24
substance; 25
(i) that a stated method of storage, preservation, handling or 26
transportation of a sample taken under this Act has not materially 27
affected the attributes of the sample; 28
(j) another matter prescribed by regulation. 29
(6) In a complaint starting a proceeding, a statement that the matter of the 30
complaint came to the complainant's knowledge on a stated day is evidence 31
of the matter. 32
s 180 108 s 180
Environmental Protection
(7) The production by the prosecutor of a certificate purporting to be 1
signed by an appropriately qualified person (the "analyst") and stating-- 2
(a) the analyst received from a stated person the sample mentioned in 3
the certificate; and 4
(b) the analyst analysed the sample on a stated day and at a stated 5
place; and 6
(c) the results of the analysis; 7
is evidence of the matter stated in the certificate. 8
(8) Any instrument, equipment or installation prescribed by regulation 9
that is used by an authorised person or analyst in accordance with the 10
conditions (if any) prescribed by the regulation is taken to be accurate and 11
precise in the absence of evidence to the contrary. 12
(9) In a proceeding in which the administering authority applies to 13
recover the costs and expenses incurred by it, a certificate by the 14
administering executive stating that stated costs and expenses were incurred 15
and the way and purpose for which they were incurred is evidence of the 16
matters stated. 17
evidentiary provision--environmental nuisance 18
Special
180.(1) This section applies to a proceeding for an offence against 19
section 122 (Offence of causing environmental nuisance) in which it is 20
claimed the defendant caused environmental nuisance by the emission of 21
noise, smoke, dust, fumes or odour. 22
(2) An authorised person may give evidence (without any need to call 23
further opinion evidence) that the authorised person formed the opinion 24
based on the authorised person's own senses that-- 25
(a) noise, smoke, dust, fumes or odour was emitted from a place 26
occupied by the defendant and travelled to a place occupied by 27
someone else; and 28
(b) the level, nature or extent of the noise, smoke, dust, fumes or 29
odour within the place occupied by the other person was an 30
unreasonable interference with the person's enjoyment of the 31
place. 32
s 181 109 s 182
Environmental Protection
for acts or omissions of representatives 1
Responsibility
181.(1) If, in a proceeding for an offence against this Act, it is relevant to 2
prove a person's state of mind about a particular act or omission, it is 3
enough to show-- 4
(a) the act or omission was done or omitted to be done by a 5
representative of the person within the scope of the 6
representative's actual or apparent authority; and 7
(b) the representative had the state of mind. 8
(2) An act or omission done or omitted to be done for a person by a 9
representative of the person within the scope of the representative's actual or 10
apparent authority is taken, in a proceeding for an offence against this Act, 11
to have been done or omitted to be done also by the person, unless the 12
person proves the person took all reasonable steps to prevent the acts or 13
omissions. 14
(3) If-- 15
(a) an individual is convicted of an offence against this Act; and 16
(b) the individual would not have been convicted of the offence if 17
subsections (1) and (2) had not been enacted; 18
the individual is not liable to be punished by imprisonment for the offence. 19
PART 2--EXECUTIVE OFFICER LIABILITY 20
officers must ensure corporation complies with Act 21
Executive
182.(1) The executive officers of a corporation must ensure that the 22
corporation complies with this Act. 23
(2) If a corporation commits an offence against a provision of this Act, 24
each of the executive officers of the corporation also commits an offence, 25
namely, the offence of failing to ensure the corporation complies with this 26
Act. 27
Maximum penalty--the penalty for the contravention of the provision by an 28
individual. 29
s 183 110 s 184
Environmental Protection
(3) Evidence that the corporation committed an offence against this Act 1
is evidence that each of the executive officers committed the offence of 2
failing to ensure that the corporation complies with this Act. 3
(4) However, it is a defence for an executive officer to prove-- 4
(a) if the officer was in a position to influence the conduct of the 5
corporation in relation to the offence--the officer took all 6
reasonable steps to ensure the corporation complied with the 7
provision; or 8
(b) the officer was not in a position to influence the conduct of the 9
corporation in relation to the offence. 10
PART 3--LEGAL PROCEEDINGS 11
and summary offences 12
Indictable
183.(1) An offence against this Act for which the maximum penalty of 13
imprisonment is 2 years or more is an indictable offence. 14
(2) Any other offence against this Act is a summary offence. 15
for indictable offences 16
Proceedings
184.(1) A proceeding for an indictable offence against this Act may be 17
taken, at the election of the prosecution-- 18
(a) by way of summary proceedings under the Justices Act 1886; or 19
(b) on indictment. 20
(2) A Magistrate must not hear an indictable offence summarily if-- 21
(a) the defendant asks at the start of the hearing that the charge be 22
prosecuted on indictment; or 23
(b) the Magistrate considers that the charge should be prosecuted on 24
indictment. 25
(3) If subsection (2) applies-- 26
s 185 111 s 186
Environmental Protection
(a) the Magistrate must proceed by way of an examination of 1
witnesses for an indictable offence; and 2
(b) a plea of the person charged at the start of the proceeding must be 3
disregarded; and 4
(c) evidence brought in the proceeding before the Magistrate decided 5
to act under subsection (2) is taken to be evidence in the 6
proceeding for the committal of the person for trial or sentence; 7
and 8
(d) before committing the person for trial or sentence, the Magistrate 9
must make a statement to the person as required by 10
section 104(2)(b) of the Justices Act 1886. 11
(4) The maximum penalty that may be summarily imposed for an 12
indictable offence is 165 penalty units or imprisonment for 1 year. 13
on who may summarily hear indictable offence 14
Limitation
proceedings 15
185.(1) A proceeding must be before a Magistrate if it is a proceeding-- 16
(a) for the summary conviction of a person on a charge for an 17
indictable offence; or 18
(b) for an examination of witnesses for a charge for an indictable 19
offence. 20
(2) However, if a proceeding for an indictable offence is brought before a 21
justice who is not a Magistrate, jurisdiction is limited to taking or making a 22
procedural action or order within the meaning of the Justices of the Peace 23
and Commissioners for Declarations Act 1991. 24
on time for starting summary proceedings 25
Limitation
186. A proceeding for an offence against this Act by way of summary 26
proceeding under the Justices Act 1886 must start-- 27
(a) within 1 year after the commission of the offence; or 28
(b) within 1 year after the offence comes to the complainant's 29
knowledge, but within 2 years after the commission of the 30
offence. 31
s 187 112 s 190
Environmental Protection
of defence 1
Notice
187. If a person intends to rely on the defence mentioned in 2
section 118(2) (Unlawful environmental harm), the person must give 3
written notice of the intention to the prosecutor-- 4
(a) for a charge being prosecuted by way of summary proceeding 5
under the Justices Act 1886--at least 14 days before the charge is 6
heard; or 7
(b) for a charge being prosecuted on indictment--at least 7 days 8
before the charge is set down for hearing. 9
of authority 10
Proof
188. If a provision for an offence against this Act refers to a person 11
unlawfully doing an act or making an omission, section 76 of the Justices 12
Act 1886 applies as if the doing of the act or the making of the omission 13
with an environmental authority were an exemption contained in the 14
provision. 15
payable to local government 16
Fines
189.(1) This section applies if-- 17
(a) the administration and enforcement of a matter has been devolved 18
to a local government; and 19
(b) a proceeding for an offence about the matter is taken; and 20
(c) a court imposes a fine for the offence. 21
(2) The fine must be paid to the local government. 22
(3) If a person other than the local government prosecutes the offence, 23
subsection (2) does not apply to any part of the fine the court orders be paid 24
to the party. 25
of costs of rehabilitation or restoration etc. 26
Recovery
190.(1) This section applies if, in a proceeding for an offence against this 27
Act-- 28
(a) the court finds the defendant has caused environmental harm by a 29
s 191 113 s 191
Environmental Protection
contravention of this Act that constitutes an offence; and 1
(b) the court finds the administering authority has reasonably 2
incurred costs and expenses-- 3
(i) in taking action to prevent or minimise the harm or to 4
rehabilitate or restore the environment because of the 5
contravention; or 6
(ii) reimbursing costs and expenses under section 178 7
(Administering authority to reimburse costs and expenses 8
incurred); and 9
(c) the administering authority applies to the court for an order 10
against the defendant for the payment of the costs and expenses. 11
(2) The court must order the defendant to pay the administering 12
authority's reasonable costs and expenses to the authority unless it is 13
satisfied it would not be just to make the order in the circumstances of the 14
particular case. 15
(3) This section does not limit the court's powers under the Penalties 16
and Sentences Act 1992 or any other law. 17
may order payment of compensation etc. 18
Court
191.(1) This section applies if, in a proceeding for an offence against this 19
Act, the court finds the defendant has caused environmental harm by a 20
contravention of this Act that constitutes an offence. 21
(2) The court may order the defendant to do either or both of the 22
following-- 23
(a) pay to persons who, because of the contravention, have suffered 24
loss of income, loss or damage to property or incurred costs or 25
expenses in preventing or minimising, or attempting to prevent or 26
minimise, loss or damage, an amount of compensation it 27
considers appropriate for the loss or damage suffered or the costs 28
and expenses incurred; 29
(b) take stated action to rehabilitate or restore the environment 30
because of the contravention. 31
(3) An order under subsection (2) is in addition to the imposition of a 32
s 192 114 s 193
Environmental Protection
penalty and any other order under this Act. 1
(4) This section does not limit the court's powers under the Penalties 2
and Sentences Act 1992 or any other law. 3
of costs of investigation 4
Recovery
192.(1) This section applies if-- 5
(a) a person is convicted of an offence against this Act; and 6
(b) the court finds the administering authority has reasonably 7
incurred costs and expenses in taking any sample or conducting 8
any inspection, test, measurement or analysis during the 9
investigation of the offence; and 10
(c) the administering authority applies for an order against the person 11
for the payment of the costs and expenses. 12
(2) The court may order the person to pay to the administering authority 13
the reasonable costs and expenses incurred by the authority if it is satisfied it 14
would be just to make the order in the circumstances of the particular case. 15
(3) This section does not limit the court's powers under the Penalties 16
and Sentences Act 1992 or any other law. 17
PART 4--RESTRAINT ORDERS 18
of contraventions of Act etc. 19
Restraint
193.(1) A proceeding may be brought in the Court for an order to 20
remedy or restrain an offence against this Act, or a threatened or anticipated 21
offence against this Act, by-- 22
(a) the Minister; or 23
(b) the administering authority; or 24
(c) someone whose interests are affected by the subject matter of the 25
proceeding; or 26
(d) someone else with the leave of the Court (even though the person 27
s 193 115 s 193
Environmental Protection
does not have a proprietary, material, financial or special interest 1
in the subject matter of the proceeding). 2
(2) In deciding whether or not to grant leave to a person under 3
subsection (1)(d), the Court-- 4
(a) must be satisfied-- 5
(i) environmental harm has been or is likely to be caused; and 6
(ii) the proceeding would not be an abuse of the process of the 7
Court; and 8
(iii) there is a real or significant likelihood that the requirements 9
for the making of an order under this section would be 10
satisfied; and 11
(iv) it is in the public interest that the proceeding should be 12
brought; and 13
(v) the person has given written notice to the Minister45 or, if the 14
administering authority is a local government, the 15
administering executive, asking the Minister or authority to 16
bring a proceeding under this section and the Minister or 17
executive has failed to act within a time that is a reasonable 18
time in the circumstances; and 19
(vi) the person is able to adequately represent the public interest 20
in the conduct of the proceeding; and 21
(b) may have regard to other matters the Court considers relevant to 22
the person's standing to bring and maintain the proceeding. 23
(3) However, the Court must not refuse to grant leave merely because the 24
person's interest in the subject matter of the proceeding is no different from 25
someone else's interest in the subject matter. 26
(4) The Court may grant leave subject to conditions, including, for 27
example-- 28
(a) a condition requiring the person to give security for the payment 29
of costs of the proceeding that may be awarded against the 30
45 The reference to the Minister is a reference to the Minister administering the
provision in relation to the relevant matter--see section 33 of the Acts
Interpretation Act 1954 and the Ministerial and Administrative Arrangements.
s 193 116 s 193
Environmental Protection
person; or 1
(b) a condition requiring the person to give an undertaking about 2
damages. 3
(5) If the Court is satisfied-- 4
(a) an offence against this Act has been committed (whether or not it 5
has been prosecuted); or 6
(b) an offence against this Act will be committed unless restrained; 7
the Court may make the orders it considers appropriate to remedy or 8
restrain the offence. 9
(6) An order-- 10
(a) may direct the defendant-- 11
(i) to stop an activity that is or will be a contravention of this 12
Act; or 13
(ii) to do anything required to comply with, or to cease a 14
contravention of, this Act; and 15
(b) may be in the terms the Court considers appropriate to secure 16
compliance with this Act; and 17
(c) must specify the time by which the order is to be complied with. 18
(7) The Court's power to make an order to stop an activity may be 19
exercised whether or not-- 20
(a) it appears to the Court the person against whom the order is made 21
intends to engage, or to continue to engage, in the activity; or 22
(b) the person has previously engaged in an activity of that kind; or 23
(c) there is danger of substantial damage to the environment if the 24
person engages, or continues to engage, in the activity. 25
(8) The Court's power to make an order to do anything may be exercised 26
whether or not-- 27
(a) it appears to the Court the person against whom the order is made 28
intends to fail, or to continue to fail, to do the thing; or 29
(b) the person has previously failed to do a thing of that kind; or 30
(c) there is danger of substantial damage to the environment if the 31
s 194 117 s 194
Environmental Protection
person fails, or continues to fail, to do the thing. 1
(9) Without limiting the powers of the Court, the Court may make an 2
order-- 3
(a) restraining the use of plant or equipment or a place; or 4
(b) requiring the demolition or removal of plant or equipment, a 5
structure or another thing; or 6
(c) requiring the rehabilitation or restoration of the environment. 7
(10) The Court must order a plaintiff to pay costs if the Court is satisfied 8
the proceeding was brought for obstruction or delay. 9
(11) The Court's power under this section is in addition to its other 10
powers. 11
(12) A person who contravenes an order commits an offence against this 12
Act. 13
Maximum penalty for subsection (12)--3 000 penalty units or 14
imprisonment for 2 years. 15
of Court to make order pending determination of proceeding 16
Power
194.(1) This section applies if a proceeding has been brought by a person 17
in the Court under section 193 (Restraint of contraventions of Act etc.) and 18
the Court has not determined the proceeding. 19
(2) On the person's application, the Court may make an order of a kind 20
mentioned in section 193 pending determination of the proceeding if it is 21
satisfied it would be proper to make the order. 22
(3) The Court's power to make an order to stop an activity may be 23
exercised whether or not-- 24
(a) it appears to the Court the person against whom the order is made 25
intends to engage, or to continue to engage, in the activity; or 26
(b) the person has previously engaged in an activity of that kind; or 27
(c) there is an imminent danger of substantial damage to the 28
environment if the person engages, or continues to engage, in the 29
activity. 30
(4) The Court's power to make an order to do anything may be exercised 31
s 195 118 s 195
Environmental Protection
whether or not-- 1
(a) it appears to the Court the person against whom the order is made 2
intends to fail, or to continue to fail, to do the thing; or 3
(b) the person has previously failed to do a thing of that kind; or 4
(c) there is an imminent danger of substantial damage to the 5
environment if the person fails, or continues to fail, to do the 6
thing. 7
(5) The Court's power under this section is in addition to its other 8
powers. 9
(6) A person who contravenes an order commits an offence against this 10
Act. 11
Maximum penalty for subsection (6)--3 000 penalty units or imprisonment 12
for 2 years. 13
CHAPTER 5--ADMINISTRATION 14
ART 1--DEVOLUTIONS 15
P
of powers 16
Devolution
195.(1) The Governor in Council may, by regulation, devolve to a local 17
government the administration and enforcement of-- 18
(a) the whole or part of an environmental protection policy; or 19
(b) the issue of environmental authorities; or 20
(c) another matter under this Act (other than Chapter 2 21
(Environmental protection policies)). 22
(2) On the commencement of the regulation-- 23
(a) the local government becomes the administering authority for the 24
devolved matter; and 25
s 196 119 s 198
Environmental Protection
(b) the local government's chief executive officer becomes the 1
administering executive for the devolved matter; and 2
(c) the administration and enforcement of the devolved matter is a 3
function of local government to be performed by the local 4
government for its area. 5
(3) To remove any doubt, the local government may make a local law 6
(not inconsistent with this Act) about-- 7
(a) the fees payable to it for the devolved matter; or 8
(b) any matter necessary or convenient for carrying out or giving 9
effect to the devolved matter. 10
(4) If the chief executive is satisfied the local government has failed to do 11
anything in the administration or enforcement of the devolved matter-- 12
(a) the chief executive may do the thing; and 13
(b) the reasonable costs and expenses incurred by the chief executive 14
are a debt payable by the local government to the State. 15
PART 2--DELEGATIONS 16
by Minister 17
Delegation
196. The Minister may delegate the Minister's powers under this Act to 18
an officer of the public service. 19
by chief executive 20
Delegation
197.The chief executive may delegate the chief executive's powers under 21
this Act to an authorised person or officer of the public service. 22
by administering authority 23
Delegation
198.(1) An administering authority may-- 24
(a) if the authority is a local government--by resolution, delegate the 25
s 199 120 s 199
Environmental Protection
authority's powers under this Act to-- 1
(i) the mayor; or 2
(ii) a standing committee or a chairperson of a standing 3
committee; or 4
(iii) the chief executive officer; or 5
(b) if the authority is the chief executive--delegate the authority's 6
powers under this Act to-- 7
(i) an authorised person or officer of the public service; or 8
(ii) a local government. 9
(2) A delegation of a power by the chief executive to a local government 10
may permit the subdelegation of the power. 11
ART 3--REVIEW OF DECISIONS AND APPEALS 12
P
Division 1--Interpretation 13
person 14
Dissatisfied
199.(1) A "dissatisfied person", for an original or review decision, is-- 15
(a) if the decision is about an environmental authority-- 16
(i) the applicant for the authority; or 17
(ii) the licensee under, or holder of, the authority; or 18
(b) if the decision is about an environmental evaluation or protection 19
order--the recipient; or 20
(c) if the decision is about an environmental management 21
program--the holder of an approval for the program or person or 22
public authority that is required to or submits the program; or 23
(d) if the decision is a decision of an authorised person under 24
section 155(2)(a) (Emergency powers) to direct a person to take 25
action--the person directed to take the action. 26
s 200 121 s 201
Environmental Protection
(2) An interested party is also a "dissatisfied person" if the decision is 1
about-- 2
(a) an application for a licence; or 3
(b) an application for the amendment of a licence under section 49 4
(Amendment of licence on application of licensee); or 5
(c) the submission of an environmental management program to 6
which section 84 (Public notice of submission for approval of 7
certain draft programs) applies. 8
decisions 9
Original
200.(1) A decision mentioned in Schedule 1 is an "original decision". 10
(2) A decision under an environmental protection policy or regulation 11
that the policy or regulation declares to be a decision to which this Part 12
applies is also an "original decision". 13
2--Internal review of decisions 14
Division
for review 15
Procedure
201.(1) A dissatisfied person may apply for a review of an original 16
decision. 17
(2) The application must-- 18
(a) be made in the approved form to the administering authority 19
within-- 20
(i) 14 days after the day on which the person receives notice of 21
the original decision or the administering authority is taken 22
to have made the decision (the "review date"); or 23
(ii) the longer period the authority in special circumstances 24
allows not later than the review date; and 25
(b) supported by enough information to enable the authority to decide 26
the application. 27
(3) The applicant must give the following documents to the other persons 28
who were given notice of the original decision-- 29
s 201 122 s 201
Environmental Protection
(a) notice of the application (the "review notice"); and 1
(b) a copy of the application and supporting documents. 2
(4) The review notice must inform the recipient that submissions on the 3
application may be made to the administering authority within 7 days after 4
the application is made to the authority. 5
(5) If the administering authority is satisfied the applicant has complied 6
with subsections (2) and (3), the authority must-- 7
(a) review the original decision; and 8
(b) make a decision (the "review decision") to-- 9
(i) confirm or revoke the original decision; or 10
(ii) vary the original decision in a way the administering 11
authority considers appropriate. 12
(6) The application does not stay the original decision. 13
(7) The application must not be dealt with by-- 14
(a) the person who made the original decision; or 15
(b) a person in a less senior office than the person who made the 16
original decision. 17
(8) Within 14 days after making the review decision, the administering 18
authority must give written notice of the decision to the applicant and 19
persons who were given notice of the original decision. 20
(9) The notice must-- 21
(a) include the reasons for the review decision; and 22
(b) inform the persons of their right of appeal against the decision. 23
(10) If the administering authority does not comply with subsection (8) 24
within 14 days after receiving the application, the authority is taken to have 25
made a decision at the end of the period confirming the original decision. 26
(11) Subsection (7) applies despite section 27A(7) of the Acts 27
Interpretation Act 1954. 28
(12) This section does not apply to an original decision made by-- 29
(a) for a matter, the administration and enforcement of which has 30
been devolved to a local government--the local government itself 31
s 202 123 s 204
Environmental Protection
or the chief executive officer of the local government personally; 1
or 2
(b) for another matter--the chief executive personally. 3
of operation of original decisions 4
Stay
202.(1) If an application is made for review of an original decision, the 5
applicant may immediately apply for a stay of the decision to the Court. 6
(2) The Court may stay the decision to secure the effectiveness of the 7
review and any later appeal to the Court. 8
(3) A stay may be given on conditions the Court considers appropriate 9
and has effect for the period stated by the Court. 10
(4) The period of a stay must not extend past the time when the 11
administering authority reviews the decision and any later period the Court 12
allows the applicant to enable the applicant to appeal against the review 13
decision. 14
Division 3--Appeals 15
may appeal 16
Who
203.(1) A dissatisfied person who is dissatisfied with a review decision 17
may appeal against the decision to the Court. 18
(2) The chief executive may appeal against another administering 19
authority's decision (whether an original or review decision) to the Court. 20
(3) A dissatisfied person who is dissatisfied with an original decision to 21
which section 201 (Procedure for review) does not apply may appeal 22
against the decision to the Court. 23
to start appeal 24
How
204.(1) An appeal is started by-- 25
(a) filing written notice of appeal with the registrar of the Court; and 26
(b) complying with rules of court applicable to the appeal. 27
s 205 124 s 207
Environmental Protection
(2) The notice of appeal must be filed-- 1
(a) if the appellant is the chief executive--within 45 days after the 2
decision is made or taken to have been made; or 3
(b) if the appellant is not the chief executive--within 30 days after the 4
day the appellant receives notice of the decision or the decision is 5
taken to have been made. 6
(3) The Court may at any time extend the period for filing the notice of 7
appeal. 8
(4) The notice of appeal must state fully the grounds of the appeal and the 9
facts relied on. 10
to give notice of appeal to other parties 11
Appellant
205.(1) Within 10 days after filing the notice of appeal, the appellant 12
must serve notice of the appeal on-- 13
(a) if the appellant is the chief executive--all persons who were given 14
notice of the original decision; or 15
(b) if the appellant is not the chief executive--the other persons who 16
were given notice of the original decision. 17
(2) The notice must inform the persons that, within 14 days after service 18
of the notice of appeal, they may elect to become a respondent to the appeal 19
by filing in the Court a notice of election under rules of court. 20
may elect to become respondents to appeal 21
Persons
206. A person who properly files in the Court a notice of election 22
becomes a respondent to the appeal. 23
of operation of decisions 24
Stay
207.(1) The Court may grant a stay of a decision appealed against to 25
secure the effectiveness of the appeal. 26
(2) A stay may be granted on conditions the Court considers appropriate 27
and has effect for the period stated by the Court. 28
(3) The period of a stay must not extend past the time when the Court 29
s 208 125 s 210
Environmental Protection
decides the appeal. 1
(4) An appeal against a decision does not affect the operation or carrying 2
out of the decision unless the decision is stayed. 3
procedures 4
Hearing
208.(1) The procedure for an appeal is to be in accordance with the rules 5
of court applicable to the appeal or, if the rules make no provision or 6
insufficient provision, in accordance with directions of the Judge. 7
(2) An appeal is by way of rehearing, unaffected by the administering 8
authority's decision. 9
ssessors 10
A
209. If the Judge hearing an appeal is satisfied the appeal involves a 11
question of special knowledge and skill, the Judge may appoint 1 or more 12
assessors to help the Judge in deciding the appeal. 13
may be heard with planning appeals 14
Appeals
210.(1) This section applies if-- 15
(a) a person appeals against an administering authority's decision 16
(whether an original or review decision) to refuse to grant a 17
licence or to impose conditions on a licence; and 18
(b) a person appeals against a local government's decision under the 19
Local Government (Planning and Environment) Act 1990 about a 20
planning or development matter for the premises the subject of 21
the licence application or licence. 22
(2) On the application of a party to either of the appeals, the Court may 23
order-- 24
(a) the appeals to be heard together or 1 immediately after the other; 25
or 26
(b) 1 appeal to be stayed until the other has been decided. 27
(3) The application may be made-- 28
(a) by an appellant when starting an appeal or at any time before the 29
s 211 126 s 212
Environmental Protection
appeals are decided; or 1
(b) by another party at any time before the appeals are decided. 2
(4) This section applies even though the parties, or all of the parties, to 3
the appeals are not the same. 4
of Court on appeal 5
Powers
211.(1) In deciding an appeal, the Court may-- 6
(a) confirm the decision appealed against; or 7
(b) vary the decision appealed against; or 8
(c) set aside the decision appealed against and make a decision in 9
substitution for the decision set aside. 10
(2) If on appeal the Court acts under subsection (1)(b) or (c), the decision 11
is taken, for this Act (other than this Part), to be that of the administering 12
authority. 13
PART 4--GENERAL 14
15
Register
212.(1) The administering authority must, for its administration under 16
this Act, keep a register of-- 17
(a) licences; and 18
(b) approvals; and 19
(c) details of environmental reports; and 20
(d) details of the results of monitoring programs carried out under 21
this Act; and 22
(e) details of environmental management programs; and 23
(f) details of environmental protection orders; and 24
(g) authorised persons; and 25
s 213 127 s 216
Environmental Protection
(h) other information prescribed by regulation. 1
(2) The administering authority may keep a register in the way it 2
considers appropriate. 3
of register 4
Inspection
213.(1) The administering authority must-- 5
(a) keep the register open for inspection by members of the public 6
during office hours on business days at-- 7
(i) the authority's head office; and 8
(ii) other places that the authority considers appropriate; and 9
(b) permit a person to take extracts from the register or, on payment 10
of the appropriate fee by a person, give the person a copy of the 11
register, or part of it. 12
(2) The fee for a copy of the register or part of it is the amount that-- 13
(a) the administering authority considers to be reasonable; and 14
(b) is not more than the reasonable cost of making the copy. 15
forms 16
Approved
214. The administering executive may approve forms for use under this 17
Act. 18
committees 19
Advisory
215.(1) The Minister may establish as many advisory committees as the 20
Minister considers appropriate for the administration of this Act. 21
(2) An advisory committee has the functions the Minister decides. 22
(3) A member of an advisory committee is entitled to be paid the fees 23
and allowances decided by the Governor in Council. 24
reports 25
Annual
216.(1) Within 2 months after the end of each financial year, each 26
s 217 128 s 217
Environmental Protection
administering authority must give to the chief executive a report on its 1
administration of this Act during the year. 2
(2) Subsection (1) does not apply if the chief executive is the 3
administering authority. 4
(3) The report must-- 5
(a) be in the form approved by the chief executive; and 6
(b) contain the following information-- 7
(i) the types and number of environmentally relevant activities 8
administered by the authority; 9
(ii) the action taken by the authority to enforce this Act; 10
(iii) the number of complaints about contraventions of this Act 11
received by the authority; 12
(iv) the other information the chief executive requires by written 13
notice given to the administering authority at least 2 months 14
before the end of the financial year. 15
(4) Within 3 months after the end of each financial year, the chief 16
executive must give to the Minister a report on the administration of this 17
Act during the year. 18
(5) The chief executive's report must include a statement about requests 19
received by the Minister to prepare environmental protection policies and a 20
brief statement of the reasons for refusing any request. 21
(6) Each administering authority's report must be attached to the chief 22
executive's report. 23
(7) The Minister must table a copy of the chief executive's report in the 24
Legislative Assembly within 14 sitting days after receiving it. 25
of environment report 26
State
217.(1) At least every 4 years, the chief executive must prepare and 27
publish a report on the state of Queensland's environment. 28
(2) The report must-- 29
(a) include an assessment of the condition of Queensland's major 30
environmental resources; and 31
s 218 129 s 219
Environmental Protection
(b) identify significant trends in environmental values; and 1
(c) review significant programs, activities and achievements of 2
persons and public authorities about the protection, restoration or 3
enhancement of Queensland's environment; and 4
(d) evaluate the efficiency and effectiveness of environmental 5
strategies implemented to achieve the object of this Act. 6
(3) The Minister must table a copy of the report in the Legislative 7
Assembly within 14 sitting days after receiving it. 8
CHAPTER 6--MISCELLANEOUS 9
of practice 10
Codes
218.(1) The Minister may, by written notice, approve codes of practice 11
stating ways of achieving compliance with the general environmental duty 12
for any activity that causes, or is likely to cause, environmental harm. 13
(2) The notice is subordinate legislation. 14
(3) The Minister must keep copies of approved codes of practice open 15
for inspection by members of the public during office hours on business 16
days at-- 17
(a) the department's head office; and 18
(b) the other places the Minister considers appropriate. 19
20
Regulations
219.(1) The Governor in Council may make regulations under this Act. 21
(2) A regulation may be made about any of the following matters-- 22
(a) the matters for which fees are payable under this Act, the 23
amounts of the fees, the persons who are liable to pay fees, when 24
the fees are payable, and the recovery of any unpaid amount of 25
fees; 26
(b) the records to be kept and returns to be made by persons and the 27
s 219 130 s 219
Environmental Protection
inspection of the records; 1
(c) the types of tests and monitoring programs to be conducted by 2
licensees; 3
(d) the types of plant or equipment that may be used for 4
environmentally relevant activities and the way in which the plant 5
or equipment is to be installed, operated and maintained; 6
(e) help, access and facilities to be provided to authorised persons by 7
persons for inspections, examinations, tests and measurements 8
for this Act; 9
(f) the taking, preserving and transporting of samples and the 10
making of inspections, examinations, tests, measurements and 11
analyses for this Act, and the proof of them; 12
(g) setting standards, controls or procedures for the manufacture, 13
sale, use, transportation, storage, treatment or disposal of a 14
contaminant, including waste; 15
(h) the qualifications or licence required by a person engaged in 16
carrying out an environmentally relevant activity, and the approval 17
of training courses to provide the qualifications or licence; 18
(i) requiring environmental impact assessments, studies or reports 19
for developments involving the release of contaminants; 20
(j) littering on public places. 21
(3) Without limiting subsection (2)(a), a regulation may prescribe fees by 22
reference to-- 23
(a) factors related to the quantity or quality of contamination caused 24
or likely to be caused by the persons liable to pay the fees; or 25
(b) other factors. 26
(4) A regulation may be made-- 27
(a) creating offences against the regulation; and 28
(b) fixing a maximum penalty of a fine of 165 penalty units for an 29
offence against the regulation. 30
s 220 131 s 220
Environmental Protection
development approval system regulations and guidelines 1
Integrated
220.(1) This section applies if the administering authority delegates the 2
authority's powers under this Act to a local government. 3
(2) A regulation may make provision about, or empower the 4
administering authority to make guidelines about-- 5
(a) the policy objectives and criteria to which the local government 6
must have regard; and 7
(b) the way in which the local government must exercise a delegated 8
power, including, for example, time limits for the making of 9
decisions; and 10
(c) appeals from the local government's decisions; and 11
(d) the cases involving the exercise of a delegated power that must be 12
referred to the administering authority or someone else for 13
decision, including the criteria to be applied in deciding whether a 14
particular case must be referred; and 15
(e) the conditions to which an authority issued by the delegate must 16
be subject; and 17
(f) the consequences of contravention of the regulation or guidelines. 18
(3) This section does not limit section 27A (Delegation of powers) of the 19
Acts Interpretation Act 1954. 20
s 221 132 s 223
Environmental Protection
CHAPTER 7--REPEALS, AMENDMENTS, 1
SAVINGS AND TRANSITIONAL 2
PART 1--REPEALS AND CONSEQUENTIAL 3
AMENDMENTS 4
repealed 5
Acts
221. The Acts specified in Schedule 2 are repealed. 6
amended 7
Act
222. The Act mentioned in Schedule 3 is amended as specified in the 8
Schedule. 9
ART 2--SAVINGS AND TRANSITIONAL 10
P
1--Preliminary 11
Division
12
Definitions
223. In this Part-- 13
"first applicable day" means the day that is 1 year after the commencing 14
day. 15
"commencing day" means the day on which this Part commences. 16
"second applicable day" means the day that is 2 years after the 17
commencing day. 18
s 224 133 s 226
Environmental Protection
of Division 1
Expiry
224. This Division expires on the second applicable day. 2
2--Savings and transitional provisions (Clean Air Act 1963 3
Division
and Clean Waters Act 1971) 4
licences 5
Existing
225.(1) A licence issued under the Clean Air Act 1963 or the Clean 6
Waters Act 1971 and in force immediately before the commencing day 7
continues in force as if it were issued under this Act until it is cancelled by 8
written notice given to the licensee by the administering authority. 9
(2) The notice must be given at least 60 days before the cancellation of 10
the licence is to take effect. 11
(3) For subsection (1), the licence is taken to be a licence issued for the 12
environmentally relevant activity conducted by the licensee on the premises 13
for which the licence was originally issued. 14
(4) Section 42 (Public notice of some applications for licences) does not 15
apply to an application for a licence by a licensee under a licence continued 16
in force under subsection (1). 17
applications under repealed Acts 18
Licence
226.(1) An application for a licence under the Clean Air Act 1963 or the 19
Clean Waters Act 1971 that is not decided immediately before the 20
commencing day is taken to be an application to the administering authority 21
for a licence under this Act for the environmentally relevant activity to be 22
conducted by the applicant on the premises for which the application was 23
made. 24
(2) Section 42 (Public notice of some applications for licences) does not 25
apply to the application. 26
(3) The application date for the application is the commencing day. 27
s 227 134 s 232
Environmental Protection
of Division 1
Expiry
227. This Division expires on the first applicable day. 2
3--Transitional Provisions (State Environment Act 1988) 3
Division
Environment Trust Fund 4
State
228. The amount standing to the credit of the State Environment Trust 5
Fund kept under the State Environment Act 1988 is to be paid to the 6
Consolidated Fund on the commencing day. 7
of Division 8
Expiry
229. This Division expires on the commencing day. 9
Division 4--Transitional Provisions (Noise Abatement Act 1978) 10
is not environmental nuisance 11
Noise
230. Despite section 15 (Environmental nuisance), noise is not an 12
environmental nuisance. 13
of Division 14
Expiry
231. This Division expires on the first applicable day or the repeal of the 15
Noise Abatement Act 1978, whichever is the earlier. 16
5--Savings and transitional provisions (Health Act 1937) 17
Division
under s 10A Health Act 18
Agreements
232.(1) This section applies to an agreement that-- 19
(a) was made under section 10A of the Health Act 1937 (Discharge 20
of waste process water into watercourses) authorising a person 21
(the "authorised person") to discharge waste process water into 22
s 233 135 s 234
Environmental Protection
a watercourse; and 1
(b) is in force immediately before the commencing day. 2
(2) The agreement continues in force until it is cancelled by written notice 3
given to the authorised person by the administering authority. 4
(3) The notice must be given at least 60 days before the cancellation of 5
the agreement is to take effect. 6
(4) Compensation is not payable to the authorised person for the 7
cancellation of the agreement. 8
(5) Section 42 (Public notice of some applications for licences) does not 9
apply to an application for a licence by the authorised person for the 10
environmentally relevant activity conducted by the person on the premises 11
the subject of the agreement. 12
of Division 13
Expiry
233. This Division expires on the first applicable day. 14
Division 6--Miscellaneous transitional provisions 15
16
Definitions
234. In this Division-- 17
"existing activity" means an activity-- 18
(a) for which a licence is not required under the repealed Acts; and 19
(b) that becomes an environmentally relevant activity on the 20
commencing day. 21
"existing mining authority" means-- 22
(a) a mining authority granted before the commencing day; or 23
(b) a renewal of an authority mentioned in paragraph (a) that is 24
granted, and states it is granted, after consideration of the standard 25
criteria. 26
"mining authority" means-- 27
s 235 136 s 235
Environmental Protection
(a) a prospecting permit, mining claim, exploration permit, mineral 1
development licence or mining lease granted under the Mineral 2
Resources Act 1989; or 3
(b) a prospecting petroleum permit, authority to prospect or 4
petroleum lease granted under the Petroleum Act 1923. 5
"new mining authority" means-- 6
(a) a mining authority that-- 7
(i) is granted on or after the commencing day but before the 8
second applicable day; and 9
(ii) is granted, and states it is granted, after consideration of the 10
standard criteria; or 11
(b) a renewal of an authority mentioned in paragraph (a) that is 12
granted, and states it is granted, after consideration of the standard 13
criteria. 14
"repealed Acts" means the Acts repealed by this Act. 15
environmentally relevant activities to be licensed 16
Existing
235.(1) Section 39 (Level 1 environmentally relevant activities to be 17
licensed) does not apply to a person who is carrying out an existing activity 18
at the beginning of the commencing day until whichever is the later of the 19
following-- 20
(a) 9 months after the commencing day; 21
(b) an application by the person for a licence to carry out the activity 22
is decided. 23
(2) The administering authority may, by written notice given to the 24
person, require the person to apply for a licence to carry out the activity 25
within a stated time (not earlier than 30 days after the person's receipt of the 26
notice). 27
(3) If the person does not apply for a licence within the time stated in the 28
notice, subsection (1) ceases to apply to the person at the end of the time. 29
(4) Section 42 (Public notice of some applications for licences) does not 30
apply to the person's licence application. 31
s 236 137 s 239
Environmental Protection
(5) Section 43(1) (Administering authority to decide application for 1
authority) applies to the person's licence application as if the time for 2
deciding the application were 90 days after the application date. 3
(6) This section expires on the first applicable day. 4
of Chapter 2 5
Application
236.(1) Sections 26 (Notice of proposal to prepare draft policy) and 27 6
(Preparation of draft policy) do not apply to a draft environmental protection 7
policy-- 8
(a) the preparation of which was started by the Minister before the 9
commencement of Chapter 2; and 10
(b) notice of the preparation of which-- 11
(i) is given under section 28 (Notice of preparation of draft 12
policy) before the first applicable day; and 13
(ii) states this section applies to it. 14
(2) This section expires on the first applicable day. 15
transitional provision for agricultural industry 16
Special
237. A person who carries out an agricultural activity complies with the 17
general environmental duty if the person carries out the activity in 18
accordance with current and appropriate industry practices. 19
transitional provision for mining industry 20
Special
238. If, under an existing or new mining authority, the holder of the 21
authority is authorised to carry out a level 2 environmentally relevant 22
activity, a regulation may provide that the authority is taken to be an 23
approval to carry out the activity. 24
regulations 25
Transitional
239.(1) The Governor in Council may make regulations about any matter 26
for which-- 27
s 240 138 s 240
Environmental Protection
(a) it is necessary or convenient to facilitate the transition from the 1
operation of the repealed Acts to the operation of this Act; and 2
(b) this Part does not make provision or enough provision. 3
(2) A regulation may be given retrospective operation to a date not earlier 4
than the commencing day. 5
(3) This section expires on the first applicable day. 6
of Division 7
Expiry
240. This Division (other than the following sections) expires on the 8
second applicable day-- 9
· section 235 (Existing environmentally relevant activities to be 10
licensed) 11
· section 236 (Application of Chapter 2) 12
· section 239 (Transitional regulations). 13
14
139
Environmental Protection
CHEDULE 1 1
¡S
RIGINAL DECISIONS 2
O
section 200 3
Section Description of decision
45 Grant of an application for an environmental authority
46 Imposition of conditions of an environmental authority
48 Refusal of an application for an environmental authority
49(10) Grant of an application to amend a licence
49(11) Refusal of an application to amend licence
50 Amendment of licence
58 Refusal of application for transfer of licence
60(5) Suspension or cancellation of licence
61 Requirement for additional information about an application
for, or amendment or transfer of, an environmental authority
64 Extension of time for decision on an application for, or
amendment or transfer of, an environmental authority
71 Requirement for environmental audit
72 Requirement for environmental investigation
75(4) Requirement for additional information about an
environmental evaluation
81 Requirement for environmental management program
85 Requirement for additional information about a draft
environmental management program
89(1) Approval of a draft environmental management program
140
Environmental Protection
SCHEDULE 1 (continued)
89(3) Imposition of conditions on an environmental management
program approval
90 Refusal to approve draft environmental management
program
103(3)(a) Removal of immunity from prosecution for a person under
a refusal to approve a draft environmental management
program
108 Issue of environmental protection order
116 Refusal to amend or discharge a financial assurance
117(7) Claim on, or realisation of, financial assurance
133 Requirement for information relevant to the administration
or enforcement of this Act
155(2)(a) Direction to a person to take action in an emergency
1
141
Environmental Protection
CHEDULE 2 1
¡S
CTS REPEALED 2
A
section 221 3
PART A 4
Clean Air Act 1963 No. 23 5
Clean Air Act Amendment Act 1970 No. 43 6
Clean Air Act Amendment Act 1976 No. 14 7
Clean Air Act Amendment Act 1976 (No. 2) No. 71 8
Clean Air Act Amendment Act 1978 No. 45 9
Clean Air Act Amendment Act 1984 No. 94 10
Clean Air Act Amendment Act 1987 No. 21 11
Clean Air Act Amendment Act 1990 No. 51 12
Clean Waters Act 1971 No. 81 13
Clean Waters Act Amendment Act 1976 No. 12 14
Clean Waters Act Amendment Act 1979 No. 39 15
Clean Waters Act Amendment Act 1981 No. 10 16
Clean Waters Act Amendment Act 1982 No. 69 17
State Environment Act 1988 No. 77 18
PART B 19
Fig Tree Pocket Noise Emission Act 1984 No. 38 20
Litter Act 1971 No. 28 21
142
Environmental Protection
SCHEDULE 2 (continued)
Litter Act Amendment Act 1978 No. 44 1
Noise Abatement Act 1978 No. 51 2
Noise Abatement Act Amendment Act 1982 No. 24 3
Noise Abatement Act Amendment Act 1983 No. 3 4
Noise Abatement Act Amendment Act 1984 No. 100 5
Noise Abatement Act Amendment Act 1985 No. 16 6
7
143
Environmental Protection
CHEDULE 3 1
¡S
ACT AMENDED 2
section 222 3
HEALTH ACT 1937 4
1. Section 10A-- 5
omit. 6
7
144
Environmental Protection
FIGURE 1
¡
section 4(3) 2
3
145
Environmental Protection
ICTIONARY 1
¡D
section 7 2
"abate" for noise includes prevent, reduce, eliminate and control the noise. 3
"administering authority" means-- 4
(a) for a matter, the administration and enforcement of which has 5
been devolved to a local government under section 195 6
(Devolution of powers)--the local government; or 7
(b) for another matter--the chief executive. 8
"administering executive" means-- 9
(a) for a matter, the administration and enforcement of which has 10
been devolved to a local government under section 195 11
(Devolution of powers)--the local government's chief executive 12
officer; or 13
(b) for another matter--the chief executive. 14
"application date" see section 35. 15
"approval" means an approval under Chapter 3 (Environmental 16
management), Part 4 (Environmental authorities) to carry out a level 2 17
environmentally relevant activity. 18
"approved form" means a form approved by the administering executive. 19
"authorised person" means a person holding office as an authorised 20
person under an appointment under this Act by the chief executive or 21
chief executive officer of a local government. 22
"best practice environmental management", for an activity, see 23
section 18. 24
"boat" means a boat, ship or other vessel of any size or kind, and includes 25
a hovercraft. 26
"business" of a licensee means the business of carrying out the 27
environmentally relevant activity the subject of the licence. 28
"buyer", of a licensee's business, see section 53. 29
146
Environmental Protection
DICTIONARY (continued)
"chief executive officer" of a local government includes the town clerk of 1
the Brisbane City Council. 2
"class 1, 2 or 3 environmental offence" see section 123(3). 3
"contaminant" see section 11. 4
"contamination" see section 10. 5
"continuation", for an original offence under a program notice, includes 6
the happening again of the offence because of a relevant event of the 7
same type stated in the notice. 8
"conviction" includes a plea of guilty or a finding of guilt by a court even 9
though a conviction is not recorded. 10
"Court" means the Planning and Environment Court. 11
"dissatisfied person" see section 199. 12
"ecologically sustainable development" see section 3. 13
"emergency direction" see section 156. 14
"emergency powers" see section 155(6). 15
"environment" see section 8. 16
"environmental audit" see section 71. 17
"environmental authority" means a licence or approval. 18
"environmental evaluation" means an environmental audit or 19
investigation. 20
"environmental harm" see section 14. 21
"environmental investigation" see section 72. 22
"environmentally relevant activity" means an activity prescribed by 23
regulation as an environmentally relevant activity. 24
"environmental management program" means an environmental 25
management program approved under Chapter 3 (Environmental 26
management), Part 6 (Environmental management programs). 27
"environmental nuisance" see section 15. 28
"environmental protection order" see section 155. 29
147
Environmental Protection
DICTIONARY (continued)
"environmental protection policy" means an environmental protection 1
policy approved under Chapter 2 (Environmental protection policies). 2
"environmental report" means a report on an environmental evaluation. 3
"environmental value" see section 9. 4
"executive officer" of a corporation means-- 5
(a) if the corporation is the Commonwealth or a State--a chief 6
executive of a department of government or a person who is 7
concerned with, or takes part in, the management of a department 8
of government, whatever the person's position is called; or 9
(b) if the corporation is a local government-- 10
(i) the chief executive officer of the local government; or 11
(ii) a person who is concerned with, or takes part in, the local 12
government's management, whatever the person's position 13
is called; or 14
(c) if paragraphs (a) and (b) do not apply--a person who is-- 15
(i) a member of the governing body of the corporation; or 16
(ii) concerned with, or takes part in, the corporation's 17
management; 18
whatever the person's position is called and whether or not the 19
person is a director of the corporation. 20
"fee" includes tax. 21
"general environmental duty" see section 36. 22
"hovercraft" means a vehicle designed to be supported on cushion of air. 23
"identity card" of an authorised person means the identity card issued to 24
the authorised person under section 130 (Issue of identity cards). 25
"interested party" means a party that properly makes a submission on-- 26
(a) an application for, or the amendment of, a licence; or 27
(b) the submission of an environmental management program to 28
which section 84 (Public notice of submission for approval of 29
148
Environmental Protection
DICTIONARY (continued)
certain draft programs) applies. 1
"land" includes-- 2
(a) the airspace above land; and 3
(b) land that is, or is at any time, covered by waters; and 4
(c) waters. 5
"licence" means a licence under Chapter 3 (Environmental management), 6
Part 4 (Environmental authorities) to carry out a level 1 7
environmentally relevant activity, and includes a provisional licence. 8
"licensed place" means a place, or the part of a place, to which a licence 9
relates, but does not include premises, or the part of premises, used 10
only for residential purposes. 11
"material environmental harm" see section 16. 12
"national environmental protection measure" means a national 13
environmental protection measure made under the national scheme 14
laws. 15
"national scheme laws" means-- 16
(a) the National Environmental Protection Council Act 1994 17
(Cwlth); and 18
(b) the National Environmental Protection Council (Queensland) Act 19
1994. 20
"National Strategy for Ecologically Sustainable Development" means 21
the National Strategy for Ecologically Sustainable Development 22
endorsed by the Council of Australian Governments on 7 December 23
1992. 24
"noise" see section 12. 25
"noise abatement direction" see section 149(2)(b). 26
"obstruct" includes hinder, resist and attempt to obstruct. 27
"occupier" of a place includes the person apparently in charge of the place. 28
"original decision" see section 200. 29
149
Environmental Protection
DICTIONARY (continued)
"original offence", for a program notice, see section 101. 1
"ozone depleting substance" means-- 2
(a) any chlorofluorocarbon or halon; or 3
(b) another substance prescribed by regulation to be an ozone 4
depleting substance. 5
"person in control" of a vehicle includes-- 6
(a) the driver of the vehicle; and 7
(b) the person in command of the vehicle; and 8
(c) the person who appears to be in control or command of the 9
vehicle. 10
"premises" includes-- 11
(a) a building or structure, or part of a building or structure, of any 12
kind; and 13
(b) the land on which a building or structure is situated. 14
"program notice" see section 100. 15
"public authority" includes an entity established under an Act and a 16
government owned corporation under the Government Owned 17
Corporations Act 1993. 18
"public place" means any place the public is entitled to use or is open to, or 19
used by, the public (whether or not on payment of an admission fee). 20
"recipient" means-- 21
(a) for an environmental evaluation--the person on whom the 22
requirement for the evaluation is made; or 23
(b) for an environmental protection order--the person to whom the 24
order is issued. 25
"register" means a register kept under section 212 (Register). 26
"release" of a contaminant into the environment includes-- 27
(a) to deposit, discharge, emit or disturb the contaminant; and 28
(b) to cause or allow the contaminant to be deposited, discharged 29
150
Environmental Protection
DICTIONARY (continued)
emitted or disturbed; and 1
(c) to fail to prevent the contaminant from being deposited, 2
discharged, emitted or disturbed; and 3
(d) to allow the contaminant to escape; and 4
(e) to fail to prevent the contaminant from escaping. 5
"relevant event", for a program notice, see section 100(1). 6
"relevant matters" for an environmental evaluation means the matters to 7
be addressed by the evaluation. 8
"representative" of a person means-- 9
(a) if the person is a corporation--an executive officer, employee or 10
agent of the corporation; or 11
(b) if the person is an individual--an employee or agent of the 12
individual. 13
"review date" see section 201(2)(a)(i). 14
"review decision" see section 201(5)(b). 15
"serious environmental harm" see section 17. 16
"standard criteria", for an environmental authority, management program 17
or protection order, means-- 18
(a) the principles of ecologically sustainable development as set out 19
in the National Strategy for Ecologically Sustainable 20
Development; and 21
(b) any applicable environmental protection policy; and 22
(c) any applicable Commonwealth, State or local government plans, 23
standards, agreements or requirements; and 24
(d) any applicable environmental impact study, assessment or report; 25
and 26
(e) the character, resilience and values of the receiving environment; 27
and 28
(f) all submissions made by the applicant and interested parties; and 29
151
Environmental Protection
DICTIONARY (continued)
(g) the best practice environmental management for the activity under 1
the authority, program or order; and 2
(h) the financial implications of the requirements of the authority, 3
program or order as they would relate to the type of activity or 4
industry carried on under the authority, program or order; and 5
(i) the public interest; and 6
(j) any other matter prescribed by regulation. 7
"state of mind" of a person includes-- 8
(a) the person's knowledge, intention, opinion, belief or purpose; and 9
(b) the person's reasons for the intention, opinion, belief or purpose. 10
"unlawful environmental harm" means environmental harm that is 11
unlawful under section 118(1) (Unlawful environmental harm). 12
"vehicle" includes a train, boat and an aircraft. 13
"waste" see section 13. 14
"waters" means Queensland waters. 15
"wilfully" means-- 16
(a) intentionally; or 17
(b) recklessly; or 18
(c) with gross negligence. 19
20
© State of Queensland 1994
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