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ENVIRONMENTAL PROTECTION ACT 1994


TABLE OF PROVISIONS

           Long Title

           Contents

CHAPTER 1--PRELIMINARY

           Part 1--Introductory provisions

   1.      Short title

           Part 2--Object and achievement of Act

   3.      Object
   4.      How object of Act is to be achieved
   5.      Obligations of persons to achieve object of Act
   6.      Community involvement in administration of Act

           Part 3--Interpretation

           Division 1--Dictionary

   7.      Definitions—dictionary

           Division 2--Key concepts
           Subdivision 1--The environment and its values

   8.      Environment
   9.      Environmental value
           Subdivision 2--Environmental contamination
   10.     Contamination
   11.     Contaminant
   12.     Noise
   13.     Waste
           Subdivision 3--Environmental harm and nuisance
   14.     Environmental harm
   15.     Environmental nuisance
   16.     Material environmental harm
   17.     Serious environmental harm
           Subdivision 4--Environmentally relevant activities
   18.     Meaning of environmentally relevant activity
   19.     Environmentally relevant activity may be prescribed
   20.     Levels for environmentally relevant activities
           Subdivision 5--Environmental management
   21.     Best practice environmental management

           Part 4--Operation of Act

   22.     Act binds all persons
   23.     Relationship with other Acts
   24.     Effect of Act on other rights, civil remedies etc.
   25.     Extra-territorial application of Act

CHAPTER 2--ENVIRONMENTAL PROTECTION POLICIES

   26.     Minister may make policies
   27.     Scope of policies
   28.     Contents of policies
   33.     Policies are subordinate legislation
   34.     Giving effect to policies

CHAPTER 3--ENVIRONMENTAL IMPACT STATEMENTS

           Part 1--EIS process

           Division 1--Preliminary
           Subdivision 1--Application

   37.     When EIS process applies
           Subdivision 2--Definitions for pt 1
   38.     Who is an affected person for a project
   39.     Other definitions
           Subdivision 3--Purposes of EIS and EIS process
   40.     Purposes

           Division 2--Terms of reference stage
           Subdivision 1--Draft terms of reference

   41.     Submission
           Subdivision 2--Public notification of draft terms of reference
   42.     Preparation of TOR notice
   43.     Public notification
   44.     Proponent to be given comments
   45.     Advice to chief executive
           Subdivision 3--Final terms of reference
   46.     Finalising terms of reference

           Division 3--Submission stage

   47.     When EIS may be submitted
   48.     Chief executive may require copies of EIS
   49.     Decision on whether EIS may proceed
   50.     Ministerial review of refusal to allow to proceed

           Division 4--Notification stage
           Subdivision 1--Public notice requirements

   51.     Public notification
   52.     Required content of EIS notice
   53.     Declaration of compliance
           Subdivision 2--Submissions
   54.     Right to make submission
   55.     Acceptance of submissions
   56.     Response to submissions
   56A.    Assessment of adequacy of response to submission and submitted EIS
   56B.    Ministerial review of refusal to allow submitted EIS to proceed

           Division 5--EIS assessment report

   57.     EIS assessment report
   58.     Criteria for preparing report
   59.     Required content of report

           Division 6--Completion of process

   60.     When process is completed

           Division 7--Miscellaneous provisions
           Subdivision 1--Inquiries by chief executive

   61.     Application of sdiv 1
   62.     Chief executive may seek advice, comment or information
   63.     Disclosure of relevant documents or information
   64.     Making of inquiry does not of itself alter EIS process
           Subdivision 2--Public inspection
   65.     Public access to draft terms of reference or submitted EIS
           Subdivision 3--Amending EIS
   66.     Amending EIS
           Subdivision 4--Effects of noncompliance with process
   67.     Process is suspended
   68.     Substantial compliance with notice requirements may be accepted

           Part 2--Voluntary preparation of EIS

   69.     Purpose of pt 2
   70.     Projects that may be approved for EIS
   71.     Requirements for application
   72.     Deciding application

CHAPTER 4--DEVELOPMENT APPROVALS AND REGISTRATION (OTHER THAN FOR MINING OR PETROLEUM ACTIVITIES)

           Part 1--Assessing development applications

   73.     Application of pt 1
   73A.    Assessing development applications
   73AA.   Development applications in relation to wild river areas
   73B.    Conditions of development approval that may and must be imposed
   73C.    Adding, changing or cancelling a development condition

           Part 2--Registration

   73D.    Application for registration to carry out chapter 4 activity
   73E.    Grounds for refusing application for registration
   73F.    Registration certificates
   73G.    When registration certificate takes effect
   73GA.   Registration certificate expires if new operator registered

           Part 3--Amending registration

           Division 1--Grounds for amending registration certificates

   73H.    Amendment to correct error
   73HA.   Amendment by agreement
   73HB.   Amendment to ensure consistency with code of environmental compliance
   73HC.   Amendment for registration of new activity
   73HD.   Amendment for removing registration of continuing chapter 4 activity

           Division 2--Amendment of registration certificates

   73HE.   How a registration certificate is to be amended

           Part 4--Cancelling or suspending registration

   73I.    Cancelling or suspending a registration certificate
   73J.    Notice of proposed action
   73K.    Considering representations
   73L.    Decision on proposed action
   73M.    Notice of proposed action decision
   73N.    Steps for cancelling or suspending a registration certificate

           Part 5--Surrendering registration

   73O.    Surrendering a registration certificate
   73P.    Steps for surrendering a registration certificate

           Part 6--Miscellaneous

   73Q.    Notice of disposal by registered operator
   73R.    Additional consequences of not giving notice
   73S.    Effect of self-assessable development becoming assessable development
   73T.    Offences under s 427 do not apply in certain circumstances

CHAPTER 4A--ENVIRONMENTAL AUTHORITIES FOR PETROLEUM ACTIVITIES

           Part 1--Preliminary

   74.     Purpose of ch 4A
   75.     Types of environmental authority (petroleum activities)
   76.     What is a petroleum authority and the Petroleum legislation
   77.     What is a petroleum activity, a level 1 petroleum activity and a level 2 petroleum activity
   78.     What is a relevant petroleum authority
   79.     What is a relevant petroleum activity
   80.     What is a petroleum project

           Part 2--Applying for and obtaining environmental authority (petroleum activities)

           Division 1--Preliminary

   81.     Definitions for pt 2

           Division 2--General provisions for applications
           Subdivision 1--Restriction on who may apply

   82.     Restriction
           Subdivision 2--Petroleum projects
   83.     Single application required for petroleum project
   84.     Single environmental authority (petroleum activities) required for petroleum project
           Subdivision 3--Joint applications
   85.     Application of sdiv 3
   86.     Joint application may be made
   87.     Appointment of principal applicant
   88.     Effect of appointment

           Division 3--Level 2 petroleum activities
           Subdivision 1--Code compliant authorities

   89.     Operation of sdiv 1
   90.     Requirements for application
   91.     Deciding application
   92.     Steps after granting application and the giving of financial assurance
   93.     Code compliance condition
           Subdivision 2--Non-code compliant authorities
   94.     Operation of sdiv 2
   95.     Requirements for application
   95A.    Conditions may be requested
   96.     Deciding application
   97.     Criteria for decision
   98.     Conditions that may and must be imposed
   99.     Steps after granting application and the giving of financial assurance
   100.    Information notice about particular decisions

           Division 4--Level 1 petroleum activities

   101.    Operation of div 4
   102.    Requirements for application
   103.    Environmental management plan
   104.    EIS may be required
   105.    Public access to application
   106.    Public notice of application
   107.    Required contents of application notice
   108.    Declaration of compliance
   109.    Substantial compliance may be accepted
   110.    Right to make submission
   111.    Acceptance of submission
   112.    Deciding application
   113.    Criteria for decision
   114.    Conditions that may and must be imposed
   115.    Steps after granting application and the giving of financial assurance
   116.    Information notice about particular decisions

           Division 5--Term of environmental authority (petroleum activities)

   117.    Term

           Part 3--Amending environmental authorities (petroleum activities) by application

           Division 1--Making amendment application

   118.    Who may apply for amendment
   119.    Code compliance condition may be amended
   120.    Requirements for amendment application

           Division 2--Processing amendment application

   121.    EIS may be required
   122.    Public notice may be required if application is for level 1 petroleum activity
   123.    Public notice process
   124.    Deciding application
   125.    Criteria for decision

           Division 3--Miscellaneous provisions

   126.    Steps after making decision
   127.    When amendment takes effect
   128.    Information notice about particular decisions

           Part 4--Transfers

   129.    Transfer only by approval
   130.    General requirements for transfer application
   131.    Amendment application may accompany transfer application
   132.    Additional requirement for transfer application for code compliant authority if no amendment application made
   133.    Audit statement may be required
   134.    Deciding application
   135.    Additional ground for refusal
   136.    Steps after making decision

           Part 5--Surrenders

           Division 1--General provisions for surrenders

   137.    Surrender only by approval
   138.    Surrender may be partial
   139.    When surrender application required
   140.    Notice by administering authority to make surrender application
   141.    Failure to comply with surrender notice

           Division 2--Making surrender application

   142.    Requirements for surrender application

           Division 3--Final rehabilitation reports

   143.    Content requirements for final rehabilitation report
   144.    Amending report
   145.    FRR assessment report may be given

           Division 4--Processing surrender applications

   145A.   Deciding application
   145B.   Criteria for decision
   145C.   Steps after making decision

           Part 6--Amendment, cancellation or suspension by administering authority

           Division 1--Conditions for amendment, cancellation or suspension
           Subdivision 1--Amendments

   145D.   Corrections
   145E.   Other amendments
           Subdivision 2--Cancellation or suspension
   145F.   Conditions for cancellation or suspension

           Division 2--Procedure for amendment without agreement or for cancellation or suspension

   145G.   Application of div 2
   145H.   Notice of proposed action
   145I.   Considering representations
   145J.   Decision on proposed action
   145K.   Notice of proposed action decision

           Division 3--Steps after making decision

   145L.   Steps for corrections
   145M.   Steps for amendment by agreement
   145N.   Steps for amendment without agreement or for cancellation or suspension

           Part 7--Financial assurance

   145O.   Financial assurance may be required before authority is issued or transferred
   145P.   Power to require financial assurance if not previously required or to require a change to financial assurance
   145Q.   Replenishment of financial assurance

           Part 8--Principal holders

   145R.   Application of pt 8
   145S.   Appointment of principal holder
   145T.   Effect of appointment

           Part 9--Miscellaneous provisions

   145U.   Grounds for refusing application for or to transfer non-code compliant authority
   145V.   Restrictions on authority or transfer taking effect

CHAPTER 5--ENVIRONMENTAL AUTHORITIES FOR MINING ACTIVITIES

           Part 1--Preliminary

           Division 1--Introduction

   146.    Purpose of ch 5

           Division 2--Key definitions for ch 5

   147.    What is a mining activity
   148.    Types of environmental authority (mining activities)
   149.    What is a mining project
   150.    What are application documents
   151.    What is a level 1 mining project and a level 2 mining project

           Part 2--General provisions for obtaining environmental authority (mining activities)

           Division 1--Applications
           Subdivision 1--General provisions about applications

   153.    Who may apply
   154.    General requirements for application
           Subdivision 2--Applications for mining projects
   155.    Single application required for mining project
   156.    Single environmental authority required for mining project
           Subdivision 3--Joint applications
   157.    Application of sdiv 3
   158.    Joint application may be made
   159.    Appointment of principal applicant
   160.    Effect of appointment

           Division 2--EIS decision for particular non-code compliant applications

   161.    Application of div 2
   162.    Decision about EIS requirement
   163.    Minister's power to overturn decision about EIS requirement

           Division 3--EM plan decision for particular non-code compliant applications

   163A.   Application of div 3
   163B.   Decision about EM plan requirement

           Part 3--Processing of applications for level 2 mining projects

           Division 1--Code compliant applications
           Subdivision 1--No relevant mining claim or mining lease

   164.    Automatic issuing of code compliant authority if no relevant mining claim or mining lease
   165.    Conditions of code compliant authority
           Subdivision 2--Process if there is a relevant mining claim or mining lease
   166.    Application of sdiv 2
   167.    Modified application of pt 6, divs 6 to 8
   168.    Automatic issuing of code compliant authority in particular circumstances
   168A.   Conditions of code compliant authority
   168B.   Provisions for grant of application if Minister's decision is to grant on different conditions

           Division 2--Non-code compliant applications
           Subdivision 1--Process if no relevant mining claim or mining lease

   169.    Application of sdiv 1
   169A.   EM plan required
   170.    Additional conditions may be imposed
   171.    Deciding application
   171A.   Consequence of failure to decide
   171B.   Grant of application
   171C.   Notice about refusal or condition decision
           Subdivision 2--Process if there is a relevant mining claim or mining lease
   171D.   Modified application of pt 6, divs 4 to 8
   171DA.  Inclusion of additional conditions in draft environmental authority

           Part 4--Processing non-code compliant applications for environmental authority (mining claim) for level 1 mining project

           Division 1--Preliminary

   172.    Operation of pt 4

           Division 2--Decision to refuse or to allow to proceed

   173.    Administering authority may refuse application
   174.    Notice of refusal

           Division 3--Draft environmental authority stage

   175.    Obligation to prepare draft environmental authority
   176.    Additional conditions may be imposed

           Division 4--Public notice, objection and decision stage

   177.    Mining lease process under pt 6, divs 6-8 applies

           Part 5--Processing non-code compliant applications for environmental authority (exploration) or environmental authority (mineral development) for level 1 mining project

   178.    Operation of pt 5
   186.    EIS process applies
   187.    Environmental management plan required
   188.    Purpose of submitted EM plan
   189.    Content requirements for submitted EM plan
   190.    Submitted EM plan may be amended
   191.    EM plan assessment report may be prepared
   192.    Requirements for EM plan assessment report
   193.    Deciding application
   194.    Grant of application
   195.    Information notice about refusal or condition decision

           Part 6--Processing non-code compliant applications for environmental authority (mining lease) for level 1 mining project

           Division 1--Preliminary

   196.    Operation of pt 6
   197.    Summary of pt 6 process

           Division 2--EIS stage

   198.    Application of div 2
   199.    EIS process applies

           Division 3--Environmental management plan stage

   201.    Environmental management plan required
   202.    Purpose of submitted EM plan
   203.    Content requirements for submitted EM plan
   204.    Submitted EM plan may be amended
   205.    EM plan assessment report may be prepared
   206.    Requirements for EM plan assessment report

           Division 4--Decision to refuse or to allow to proceed

   207.    Administering authority may refuse application

           Division 5--Draft environmental authority stage

   208.    Obligation to prepare draft environmental authority
   210.    Conditions that may and must be included in draft environmental authority

           Division 6--Public notice and objections stage

   211.    Public notice of application
   212.    Required content of application notice
   213.    Public access to application documents
   214.    Declaration of compliance
   215.    Substantial compliance may be accepted
   216.    Right to make objection
   217.    Acceptance of objections
   218.    Amendment or withdrawal of objection

           Division 7--Decision stage
           Subdivision 1--Referral to Land Court if current objection

   219.    Referral to Land Court
   220.    Objections decision hearing
   221.    Land Court mediation of objections
   222.    Nature of objections decision
   223.    Matters to be considered for objections decision
   224.    Advice from MRA and State Development Ministers about objections decision
   225.    EPA Minister's decision on application
   226.    Grant of application
   226A.   Submitted EM plan may be amended if conditions of environmental authority are different to draft
           Subdivision 2--Grant if no current objection at end of objection period or before objections decision
   227.    Application of sdiv 2
   228.    Grant of application on basis of draft environmental authority

           Division 8--Miscellaneous provisions

   229.    Withdrawing an application
   230.    Certain objections apply for later applications
   231.    Effects of noncompliance with application process

           Part 7--Plan of operations for environmental authority (mining lease)

   232.    Application of pt 7
   233.    Plan of operations required before acting under relevant mining lease
   234.    Content requirements
   235.    Amending or replacing plan
   236.    Environmental authority overrides plan

           Part 8--Amendment of authorities by application

           Division 1--Preliminary

   237.    Exclusions from amendment under pt 8

           Division 2--General provisions for amendment applications

   238.    Who may apply
   239.    Conditions of code compliant authority may be amended
   240.    Requirements for application

           Division 3--Processing application
           Subdivision 1--Assessment level decision

   246.    Assessment level and EIS decisions for application
   247.    Ministerial decision about assessment level and EIS decisions
   247A.   Significant increase must be decided in particular cases
   248.    Notice of EIS requirement
   249.    Notice of assessment level decision
           Subdivision 2--Process if decision is significant increase in environmental harm likely and EIS not required
   250.    Application of sdiv 2
   251.    Relevant application process applies
   252.    Refusal on ground that replacement environmental authority needed
   253.    Submitted EM plan may be amended
   254.    Public notice of application
   255.    Objection period
           Subdivision 3--Process if decision is significant environmental harm increase unlikely
   256.    Application of sdiv 3
   257.    Deciding application
   258.    Steps after making decision
   258A.   Submitted EM plan may be amended

           Part 9--Transfer of authorities

           Division 1--Transfer applications

   259.    Transfer only by approval
   260.    General requirements for transfer application
   260A.   Additional requirement for transfer application for code compliant authority if no amendment application made
   261.    Audit statement may be required

           Division 2--Processing transfer applications

   262.    Deciding application
   263.    Refusal on ground that amendment required
   264.    Steps after making decision
   265.    Effect of plan of operations and environmental management documents after transfer
   266.    Notice to owners of transfer

           Part 9A--Progressive rehabilitation

           Division 1--Certification of progressive rehabilitation for level 1 mining projects
           Subdivision 1--Progressive certification and its effects

   266A.   What is progressive certification
   266B.   Effect of progressive certification
   266C.   Continuing responsibility of environmental authority holder relating to certified rehabilitated area
           Subdivision 2--Applying for progressive certification
   266D.   Who may apply for progressive certification
   266E.   Requirements for application
   266F.   Amending application
           Subdivision 3--Progressive rehabilitation report
   266G.   Requirements for progressive rehabilitation report
   266H.   Amending report
   266I.   Assessment report may be given
           Subdivision 4--Processing application
   266J.   Deciding application
   266K.   Criteria for decision
   266L.   Steps after making decision

           Division 2--Payment for residual risks of rehabilitation

   266M.   Application of div 2
   266N.   Payment may be required for residual risks
   266O.   Criteria for decision to make requirement
   266P.   Amount and form of payment

           Part 10--Surrender of authorities

           Division 1--General provisions for surrender

   267.    Prospecting permit can not be surrendered
   268.    Surrender only by approval
   269.    Partial surrenders
   269A.   Conditional surrender of environmental authority (mining activities)
   270.    When surrender application required
   271.    Notice by administering authority to make surrender application
   272.    Failure to comply with surrender notice

           Division 2--Surrender applications
           Subdivision 1--Requirements for surrender applications

   273.    Requirements
           Subdivision 2--Final rehabilitation reports
   274.    Content requirements for report
   275.    Amending report
   276.    FRR assessment report may be given
           Subdivision 3--Processing surrender applications
   277.    Deciding application
   278.    Criteria for decisions
   278A.   Directions to carry out rehabilitation may be given if surrender refused
   278B.   Payment may be required for residual risks of rehabilitation
   279.    Steps after making decision
   279A.   Restriction on surrender taking effect if payment required for residual risks

           Part 11--Environmental audits for mining activities

           Division 1--Audit requirements

   280.    Administering authority may require environmental audit
   281.    Failure to comply with audit notice
   282.    Costs of complying with audit notice

           Division 2--Audits by administering authority

   283.    Administering authority may conduct environmental audit
   284.    Administering authority's costs of environmental audit or report

           Division 3--Auditors and conduct of environmental audits

   285.    Appointment of auditors
   286.    Appointment conditions and term
   287.    Who may conduct environmental audit
   288.    Impersonation of auditor

           Division 4--Miscellaneous provisions

   289.    False or misleading information about environmental audits

           Part 12--Amendment, cancellation or suspension by administering authority

           Division 1--Conditions for amendment, cancellation or suspension
           Subdivision 1--Amendments

   290.    Corrections
   290A.   Amendments to reflect NNTT conditions
   292.    Other amendments
           Subdivision 2--Cancellation or suspension
   293.    Conditions for cancellation or suspension

           Division 2--Procedure for amendment without agreement or for cancellation or suspension

   294.    Application of div 2
   295.    Notice of proposed action
   296.    Considering representations
   297.    Decision on proposed action
   298.    Notice of proposed action decision

           Division 3--Steps after making decision

   299.    Steps for corrections
   299A.   Steps for amendment to reflect NNTT conditions
   300.    Steps for amendment by agreement
   301.    Steps for amendment without agreement or for cancellation or suspension

           Part 13--Miscellaneous provisions

           Division 1--Advice from MRA chief executive

   302.    Requirement to seek advice from MRA chief executive

           Division 1A--Transfer of interest in an application for or to transfer environmental authority (mining activities)

   302A.   Amending application to change applicant

           Division 2--When authorities or transfers take effect

   303.    Restrictions on environmental authority or transfer taking effect

           Division 3--General provisions for applications and conditions

   304.    Grounds for refusing application for or to transfer environmental authority
   305.    Conditions that may be made
   306.    Additional conditions override standard environmental conditions
   306A.   Paramountcy of native title issues decision conditions

           Division 4--Principal holder of authority

   307.    Application of div 4
   308.    Appointment of principal holder
   309.    Effect of appointment

CHAPTER 6 GENERAL PROVISIONS ABOUT ENVIRONMENTAL AUTHORITIES
           AND REGISTRATION CERTIFICATES

   316.    Annual fee and return
   317.    Reference to environmental authority includes its conditions
   318A.   Changing anniversary day
   318B.   Special provisions for changeover in anniversary day
   318C.   Death of environmental authority holder or registered operator

CHAPTER 7--ENVIRONMENTAL MANAGEMENT

           Part 1--Environmental duties

   319.    General environmental duty
   320.    Duty to notify environmental harm

           Part 2--Environmental evaluations

   321.    What is an environmental evaluation
   322.    When environmental audit required
   323.    When environmental investigation required
   324.    Notice to conduct or commission environmental evaluation
   325.    Declarations to accompany report
   326.    Administering authority to consider and act on environmental reports
   327.    Costs of environmental evaluation and report
   328.    Extensions of time for decisions on submission of environmental reports
   329.    Failure to make decision on environmental report taken to be refusal

           Part 3--Transitional environmental programs

           Division 1--Preliminary

   330.    What is a transitional environmental program
   331.    Content of program

           Division 2--Submission and approval of transitional environmental programs

   332.    Administering authority may require draft program
   333.    Voluntary submission of draft program
   334.    Fee for consideration of draft program
   335.    Public notice of submission for approval of certain draft programs
   336.    Authority may call conference
   337.    Administering authority to consider draft programs
   338.    Criteria for deciding draft program
   339.    Approval of draft program
   340.    Notice of refusal or conditions
   342.    Substantial compliance with Act may be accepted as compliance
   343.    Failure to approve draft program taken to be refusal

           Division 3--Amendment of approval for transitional environmental programs

   344.    Application

           Division 4--Miscellaneous

   345.    Annual return
   346.    Effect of compliance with program
   347.    Notice of disposal by holder of program approval
   348.    Notice of ceasing activity by holder of program approval
   349.    Compliance with Act at completion of program

           Part 4--Special provisions about voluntary submission of transitional environmental programs

   350.    Program notice
   351.    Program notice privileged
   352.    Authority to act on notice
   353.    Effect of program notice
   354.    Effect of failure to comply with program
   355.    Authority may apply to Court for order setting aside immunity from prosecution
   356.    Court to decide application
   357.    Power of Court to make order pending decision on application

           Part 5--Environmental protection orders

   358.    When order may be issued
   359.    Standard criteria to be considered before issue of order
   360.    Form and content of order
   361.    Offence not to comply with order
   362.    Notice of disposal by recipient
   363.    Notice of ceasing to carry out activity

           Part 6--Financial assurances

   364.    When financial assurance may be required
   365.    Person may show cause why financial assurance should not be required for transitional environmental program or site management plan
   366.    Application for amendment or discharge of financial assurance
   367.    Claims on financial assurances

           Part 7--Special provisions about waste management

   368.    Chief executive may require local government to remove waste etc.
   369.    Restrictions on performing waste management works
   369A.   Obtaining approval to perform waste management works
   369B.   Amendment or cancellation of approval

           Part 8--Contaminated land

           Division 1--Interpretation

   370.    Definition for pt 8

           Division 2--Inclusion of land on environmental management register

   371.    Owner or occupier of land to notify administering authority
   372.    Local government to notify administering authority
   373.    Notice to be given to owner of land
   374.    Decision about including land in environmental management register

           Division 3--Investigation of land on environmental management register

   375.    Voluntary submission of report about investigation
   376.    Administering authority may require site investigation
   377.    Notice to conduct or commission site investigation
   378.    Waiver of requirement to conduct or commission site investigation
   379.    Failure to make decision on waiver of site investigation taken to be refusal
   380.    Procedure to be followed if recipient is not owner
   381.    Who must conduct site investigation
   382.    Fee for consideration of report about site investigation
   383.    Declarations to accompany report
   384.    Administering authority to consider and act on site investigation report
   385.    Administering authority may require another report or additional information
   386.    Owner of land to be given copy of report
   387.    Cost of site investigation and report
   388.    Extensions of time for decisions on submission of site investigation report
   389.    Failure to make decision on site investigation report taken to be refusal

           Division 4--Remediation of land

   390.    Voluntary remediation of contaminated land
   391.    Administering authority may require remediation of contaminated land
   392.    Waiver of requirement to remediate land
   393.    Failure to make decision on remediation taken to be refusal
   394.    Procedure to be followed if recipient is not owner
   395.    Who must prepare validation report
   396.    Administering authority to consider and act on validation report
   397.    Notice to be given of decision made about validation report
   398.    Administering authority may require another report or additional information
   399.    Extensions of time for consideration of validation report
   400.    Failure to make decision on validation report taken to be refusal

           Division 5--Site management plans
           Subdivision 1--Preliminary

   401.    What is a site management plan
   402.    Content of site management plan
           Subdivision 2--Procedure for approval of site management plan
   403.    Voluntary submission of draft site management plan
   404.    Application for approval of site management plan
   405.    Administering authority may prepare or require site management plan
   406.    Requirement to prepare draft site management plan
   407.    Waiver of requirement to prepare or commission site management plan
   408.    Failure to make decision on waiver of site management plan taken to be refusal
   409.    Procedure to be followed if recipient is not owner
   410.    Who must prepare draft site management plan
   411.    Administering authority may require another site management plan or additional information
   412.    Administering authority to consider draft site management plan
   413.    Approval of draft site management plan
   414.    Refusal to approve draft site management plan
   415.    Extensions of time for decisions on submission of draft site management plans
   416.    Failure to approve draft site management plan taken to be refusal
           Subdivision 3--Restriction on local government approvals and authorities
   417.    Approval or authority must not allow contravention of site management plan
           Subdivision 4--Amendment of site management plan
   418.    Voluntary amendment of site management plans
   419.    Administering authority may amend or require amendment of site management plan

           Division 6--Notices to be given about land recorded in registers

   420.    Notice to be given about recording of land in contaminated land register
   421.    Notice to be given to proposed purchaser of land

           Division 7--Miscellaneous

   422.    Registrar to maintain records about contaminated land
   423.    Offence to destroy etc. signs
   424.    Removal and treatment or disposal of contaminated soil
   425.    Failure to comply with disposal permit

CHAPTER 8--GENERAL ENVIRONMENTAL OFFENCES

           Part 1--Offences relating to environmentally relevant activities

           Division 1--Offences

   426.    Environmental authority required for mining or petroleum activity
   427.    Only registered operators may carry out chapter 4 activities

           Division 2--Exemptions

   429.    Special provisions for interstate transporters of controlled waste

           Part 2--Offences relating to environmental requirements

           Division 1--Environmental authorities

   430.    Contravention of condition of environmental authority
   431.    Environmental authority holder responsible for ensuring conditions complied with

           Division 2--Transitional environmental programs

   432.    Contravention of program
   433.    Approval holder responsible for ensuring program complied with

           Division 3--Site management plans

   434.    Contravention of plan

           Part 2A--Offences relating to conditions

   435.    Offence to contravene development condition
   435A.   Offence to contravene standard environmental conditions
   435B.   Registered operator responsible for ensuring conditions complied with

           Part 3--Offences relating to environmental harm

   436.    Unlawful environmental harm
   437.    Offences of causing serious environmental harm
   438.    Offences of causing material environmental harm
   439.    Court may find defendant guilty of causing material environmental harm if charged with causing serious environmental harm
   440.    Offence of causing environmental nuisance

           Part 3A--Offences relating to depositing litter

           Division 1--Preliminary

   440A.   Definitions for pt 3A
   440B.   Meaning of litter

           Division 2--General offence

   440C.   When deposit of litter unlawful
   440D.   Depositing litter

           Division 3--Vehicle littering offence

   440E.   Definitions for div 3
   440F.   Application of div 3
   440G.   Application of State Penalties Enforcement Act 1999
   440H.   Effect of passenger declaration
   440I.   Service of infringement notice for vehicle littering offence
   440J.   Chief executive (transport) must disclose information

           Part 4--Other offences

   441.    Offences of contravention of environmental protection policy or regulation
   442.    Offence of releasing prescribed contaminant
   443.    Offence to place contaminant where environmental harm or nuisance may be caused
   444.    Offence of interfering with monitoring equipment
   444A.   Offence not to notify chapter 4 activity has stopped

CHAPTER 9--INVESTIGATION AND ENFORCEMENT

           Part 1--Administration generally

   445.    Appointment of authorised persons
   446.    Terms of appointment of authorised persons
   447.    Powers of authorised persons
   448.    Issue of identity cards
   449.    Production of identity card
   450.    Protection from liability
   451.    Administering authority may require relevant information

           Part 2--Powers of authorised persons for places and vehicles

   452.    Entry of place—general
   453.    Entry of land—search, test, sample etc. for release of contaminant
   454.    Entry of land—preliminary investigation
   455.    Entry of land for access
   456.    Warrants
   457.    Warrants—applications made otherwise than in person
   458.    Order to enter land to conduct investigation or conduct work
   459.    Entry or boarding of vehicles
   460.    General powers for places and vehicles
   461.    Power to seize evidence
   462.    Procedure after seizure of evidence
   463.    Forfeiture of seized thing on conviction

           Part 2A--Power of authorised persons to give directions about litter removal

   463A.   Direction to remove litter

           Part 3--Other enforcement powers of authorised persons

   464.    Power to require name and address
   465.    Power to require answers to questions
   466.    Power to require production of documents

           Part 4--Emergency powers of authorised persons

   467.    Emergency powers
   468.    Authorised person may direct emergency release of contaminant

           Part 5--Offences

   469.    Failure of authorised person to return identity card
   470.    Failure to give information to administering authority
   471.    Failure to comply with signal
   472.    Failure to comply with requirements about vehicles
   473.    Failure to help authorised person—emergency
   474.    Failure to help authorised person—other cases
   474A.   Failure to comply with authorised person's direction to remove litter
   475.    Failure to give name and address etc.
   476.    Failure to answer questions
   477.    Failure to produce document
   478.    Failure to comply with authorised person's direction in emergency
   479.    Offences in relation to release of contaminant in emergency
   480.    False, misleading or incomplete documents
   481.    False or misleading information
   482.    Obstruction of authorised persons
   483.    Impersonation of authorised person
   484.    Attempts to commit offences

           Part 6--General

   485.    Consent to entry
   486.    Authorised person to give notice of seizure or damage
   487.    Compensation
   488.    Administering authority to reimburse costs and expenses incurred
   489.    Costs of investigation or remediation to be paid by recipient

CHAPTER 10--LEGAL PROCEEDINGS

           Part 1--Evidence

   490.    Evidentiary provisions
   491.    Special evidentiary provision—environmental nuisance
   492.    Responsibility for acts or omissions of representatives

           Part 2--Executive officer liability

   493.    Executive officers must ensure corporation complies with Act

           Part 3--Legal proceedings

   494.    Indictable and summary offences
   495.    Proceedings for indictable offences
   496.    Limitation on who may summarily hear indictable offence proceedings
   497.    Limitation on time for starting summary proceedings
   498.    Notice of defence
   499.    Proof of authority
   500.    Fines payable to local government
   501.    Recovery of costs of rehabilitation or restoration etc.
   502.    Court may order payment of compensation etc.
   503.    Recovery of costs of investigation

           Part 4--Restraint orders

   504.    Application of pt 4
   505.    Restraint of contraventions of Act etc.
   506.    Power of Court to make order pending determination of proceeding

           Part 5--Enforcement orders

   507.    Proceeding for orders
   508.    Proceeding brought in a representative capacity
   509.    Making interim enforcement order
   510.    Making enforcement order
   511.    Effect of orders
   512.    Court's powers about orders
   513.    Costs involved in bringing proceeding

CHAPTER 11--ADMINISTRATION

           Part 1--Devolutions

   514.    Devolution of powers

           Part 2--Delegations

   515.    Delegation by Minister
   516.    Delegation by chief executive
   517.    Delegation by administering executive or local government chief executive officer
   518.    Delegation by administering authority

           Part 3--Review of decisions and appeals

           Division 1--Interpretation

   519.    Original decisions
   520.    Dissatisfied person

           Division 2--Internal review of decisions

   521.    Procedure for review
   522.    Stay of operation of original decisions

           Division 3--Appeals
           Subdivision 1--Appeals to Land Court

   523.    Review decisions subject to Land Court appeal
   524.    Right of appeal
   525.    Appeal period
   526.    Land Court mediation
   527.    Nature of appeal
   528.    Land Court's powers for appeal
   529.    Decision for appeals against refusals under s 207
   530.    Decision for other appeals
           Subdivision 2--Appeals to Court
   531.    Who may appeal
   532.    How to start appeal
   533.    Appellant to give notice of appeal to other parties
   534.    Persons may elect to become respondents to appeal
   535.    Stay of operation of decisions
   536.    Hearing procedures
   537.    Assessors
   538.    Appeals may be heard with planning appeals
   539.    Powers of Court on appeal

           Part 4--General

   540.    Required registers
   541.    Keeping of registers
   542.    Inspection of register
   543.    Appropriate fee for copies
   544.    Approved forms
   545.    Advisory committees
   546.    Annual reports
   547.    State of environment report

CHAPTER 12--MISCELLANEOUS

           Part 1--Approval of codes of practice and standard environmental conditions

   548.    Codes of practice
   549.    Minister may approve standard environmental conditions
   549A.   When standard environmental conditions must be complied with
   550.    Effect of changes to standard environmental conditions

           Part 2--General provisions about applications and submissions

           Division 1--Preliminary

   551.    Definitions for pt 2

           Division 2--General provisions

   552.    What is the application date for application or TEP submission
   553.    Electronic applications and submissions
   554.    Electronic notices about applications and submissions
   555.    Extension of decision period
   556.    Administering authority may seek advice, comment or information
   557.    Decision criteria are not exhaustive
   558.    Publication of decision or document by administering authority

           Division 3--Investigating suitability

   559.    Investigation of applicant suitability or disqualifying events
   560.    Use of information in suitability report
   561.    Notice of use of information in suitability report
   562.    Confidentiality of suitability reports
   563.    Destruction of suitability reports

           Part 3--Exemption from disclosure

           Division 1--Obtaining disclosure exemption

   564.    Who may apply
   565.    Requirements for application
   566.    Deciding application
   567.    Criteria for decision
   568.    Exemption may be limited
   569.    Notice of refusal or decision to limit exemption

           Division 2--Effects of disclosure exemption
           Subdivision 1--Preliminary

   570.    Application of div 2
   571.    Meaning of exempted material for div 2
           Subdivision 2--Effects
   572.    Effect on operation of disclosure requirements under Act
   573.    Effect on administering authority
   574.    Effect on officials

           Part 4--Entry to land to comply with environmental requirement

   575.    Entry orders
   576.    Procedure for entry under entry order
   577.    Duty to avoid damage
   578.    Notice of damage
   579.    Compensation

           Part 4A--Validation

   579A.   Validation of amendment of environmental authority MIM800098402

           Part 5--Regulations

   580.    Regulation-making power
   581.    Integrated development approval system regulations and guidelines

CHAPTER 13--SAVINGS, TRANSITIONAL AND RELATED PROVISIONS

           Part 1--Transitional provisions for Environmental Protection and Other Legislation Amendment Act 1997

   582.    Transfer of certain land on contaminated sites register to environmental management register
   583.    Transfer of certain land on contaminated sites register to contaminated land register

           Part 2--Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2000

           Division 1--Preliminary

   584.    Definitions for pt 2

           Division 2--Existing environmental authorities and mining activities
           Subdivision 1--Preliminary

   585.    What is a condition of a mining tenement for div 2
           Subdivision 2--Existing authorities for mining activities
   586.    Existing authority becomes an environmental authority (mining activities)
   586A.   Existing authority becomes an environmental authority (mining activities)
   587.    Conditions of environmental authority
           Subdivision 3--Existing mining activities without environmental authority
   588.    New environmental authority (mining activities) for existing activities
   589.    Conditions of environmental authority

           Division 3--Unfinished applications

   590.    Procedure if certificate of application issued and conditions decided
   591.    Procedure for other unfinished applications

           Division 4--Transitional authorities for mining activities
           Subdivision 1--Preliminary

   592.    Meaning of transitional authority for div 4
           Subdivision 2--Special provisions for transitional authorities
   593.    Transitional authority taken to be non-code compliant
   594.    Limited application of s 426 for transitional authority
   595.    Requirement to apply to amend, surrender or transfer transitional authority
   596.    Notice by administering authority to amend, surrender or transfer transitional authority
   597.    Consequences of failure to comply with reminder notice
   598.    Financial assurance for transitional authority
   599.    Effect of financial assurance on security
   600.    Plan of operations
   601.    Annual fee and return for first year of transitional period
   602.    Anniversary day for certain transitional authorities
           Subdivision 3--Amendment and consolidation of transitional authorities
   603.    Application to convert transitional authority to environmental authority for a level 2 mining project
   603A.   Requirements for conversion application
   603B.   Automatic conversion for particular applications
   603C.   Deciding application if additional conditions requested
   604.    Other amendment applications
   605.    Additional grounds for amendment by administering authority
   606.    Ministerial power to amend
   607.    Consolidation of conditions for same mining project
           Subdivision 4--Environmental management plan requirements
   608.    Environmental management plan may be required
   609.    Consequence of failure to comply with requirement

           Division 5--Transitional provisions other than for mining activities

   610.    Application of div 5
   611.    Unfinished applications under existing Act
   612.    Environmental authorities under existing Act

           Division 6--Original provisions about special agreement Acts

   614.    Existing Act continues to apply for special agreement Acts until div 7 commences

           Division 7--Provisions about special agreement Acts inserted under Environmental Protection and Other Legislation Amendment Act 2008
           Subdivision 1--Preliminary

   615.    Definitions for div 7
   616.    What is a condition under a special agreement Act
   616A.   EPA provisions prevail
           Subdivision 2--Conversion of SAA environmental authorities (mining)
   616B.   Conversion to transitional authority (SAA)
   616C.   Conditions of transitional authority (SAA)
   616D.   Changing conditions of transitional authority (SAA)
           Subdivision 3--Unfinished applications
   616E.   Procedure for unfinished applications
           Subdivision 4--Special provisions for transitional authorities (SAA)
   616F.   Transitional authority (SAA) taken to be non-code compliant
   616G.   Limited application of s 426 for transitional authority (SAA)
   616H.   Requirement to apply for new authority or amend etc. transitional authority (SAA)
   616I.   Financial assurance for transitional authority (SAA)
   616J.   Effect of financial assurance on security
   616K.   Plan of operations
   616L.   First anniversary day for transitional authority (SAA)
   616M.   End of transitional authority (SAA)
           Subdivision 5--Applications for new authorities
   616N.   Application of sdiv 5
   616O.   Application of current Act to new authority application
   616P.   No public notice or EIS requirement for particular new authority application
   616Q.   Reference to State government agreement includes particular rights
           Subdivision 6--Amendment of transitional authorities (SAA) for conversion to new authorities
   616R.   Application of sdiv 6
   616S.   Application of current Act to amendment application
   616T.   No public notice or EIS requirement for particular amendment applications
   616U.   Reference to State government agreement includes particular rights
   616V.   Consolidation of conditions for same mining project
           Subdivision 7--Amendment of transitional authorities (SAA) other than by application
   616W.   Additional grounds for amendment by administering authority
   616X.   Ministerial power to amend
           Subdivision 8--Provisions for chapter 4 activities
   616Y.   Application of sdiv 8
   616Z.   Continuing effect of environmental authority as a registration certificate and development approval
   616ZA.  Additional ground for changing or cancelling development conditions
   616ZB.  End of environmental authority
   616ZC.  Administering authority may issue replacement documents
           Subdivision 9--Other matters
   616ZCA. Continuing effect of particular environmental authorities
   616ZCB. Validation of particular development approvals and registration certificates

           Division 8--Miscellaneous provision

   616ZD.  Requirement to seek advice from MRA chief executive

           Part 3--Validation provision for Environmental Protection and Another Act Amendment Act 2002

   617.    Validation of particular environmental authorities

           Part 4--Transitional provision for Environmental Protection and Other Legislation Amendment Act 2002

   618.    Section 318A does not apply for transitional authority

           Part 5--Transitional provisions for Environmental Protection Legislation Amendment Act 2003

   619.    Continuing effect of particular environmental authorities
   620.    Additional ground for changing or cancelling development conditions
   621.    Administering authority may issue replacement documents
   623.    Effect of commencement on level 1 approvals for particular environmentally relevant activities
   624.    Effect of commencement on particular approvals
   625.    Effect of commencement on applications for development approvals for level 2 environmentally relevant activities
   626.    Effect of commencement on particular applications in progress
   627.    Effect of commencement on development approval applications in progress
   628.    Effect of commencement on particular actions in progress
   630.    Continuing operation of s 611 (Unfinished applications under existing Act)

           Part 6--Transitional provisions for Petroleum and Other Legislation Amendment Act 2004

   631.    Financial assurance if security for related petroleum authority is monetary
   632.    Financial assurance if security for related petroleum authority is non-monetary
   633.    Effect of financial assurance on the security
   634.    Amendment of financial assurance condition under this part

           Part 7--Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2004

           Division 1--Original provisions
           Subdivision 1--Preliminary

   635.    Definitions for div 1
           Subdivision 2--Provisions for former integrated authorities
   636.    Application of sdiv 2
   637.    Continuing status of each constituent part as an environmental authority
   638.    Re-issuing of environmental authorities if they do not form a single mining or petroleum project
           Subdivision 3--Other provisions
   639.    Environmental authorities under old chapter 4A
   640.    Applications in progress under old chapter 4A
   641.    Existing environmental management documents

           Division 2--Provisions inserted under Environmental Protection and Other Legislation Amendment Act 2007

   641A.   Definition for div 2
   641B.   Non-standard environmental authority taken to be environmental authority for level 1 mining project
   641C.   Standard environmental authority taken to be environmental authority for level 2 mining project

           Part 8--Transitional provision for Environmental Protection and Other Legislation Amendment Act 2005

   642.    EISs currently undergoing EIS process
   643.    Transitional provision for amended ss 619 and 624

           Part 9--Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2007

   644.    References to environmental management programs or draft programs
           SCHEDULE 1 ORIGINAL DECISIONS
           SCHEDULE 2 NOTIFIABLE ACTIVITIES
           SCHEDULE 3 DICTIONARY
           FIGURE
           Endnotes


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