ENVIRONMENTAL PROTECTION ACT 1994 - SECT 580
Regulation-making power
ENVIRONMENTAL PROTECTION ACT 1994 - SECT 580
Regulation-making power
580 Regulation-making power
(1) The Governor in Council may make regulations under this Act.
(2) Without
limiting subsection (1) , a regulation may be made about any of the following
matters—
(a) the matters for which fees are payable under this Act, the
amounts of the fees, the persons who are liable to pay fees, when the fees are
payable, the recovery of unpaid amount of fees, and the exemption from payment
of fees or the waiver of fees;
(b) the records to be kept and returns to be
made by persons and the inspection of the records;
(c) the types of tests and
monitoring programs to be conducted by holders of environmental authorities;
(d) the types of plant or equipment that may be used for environmentally
relevant activities and the way in which the plant or equipment is to be
installed, operated and maintained;
(e) help, access and facilities to be
provided to authorised persons by persons for inspections, examinations, tests
and measurements for this Act;
(f) the taking, preserving and transporting of
samples and the making of inspections, examinations, tests, measurements and
analyses for this Act, and the proof of them;
(g) setting standards, controls
or procedures for the manufacture, generation, sale, use, transportation,
storage, treatment or disposal of a contaminant, including waste;
(h) the
removal, collection, transport, deposit, storage or disposal of waste;
(i)
the qualifications or licence required by a person engaged in carrying out an
environmentally relevant activity, and the approval of training courses to
provide the qualifications or licence;
(j) environmental impact assessments,
reports, statements or studies;
(k) requirements for EISs or the EIS process
to allow—
(i) the process to be accredited under the Commonwealth
Environment Act ; or
(ii) the making of a bilateral agreement; or
(iii) the
State to meet its obligations under a bilateral agreement;
(l) litter;
(m)
the keeping of the environmental management register and contaminated land
register, including, for example, the information to be included in the
registers and made available to persons searching the registers;
(r) a matter
relating to an environmental value, other than a matter mentioned in this Act,
that must be considered to decide an application relating to an activity that
adversely affects, or may adversely affect, the environmental value;
(s)
protecting an environmental value by requirements for labelling particular
products.
(3) Without limiting subsection (2) (a) , a regulation may
prescribe fees by reference to—
(a) factors related to the quantity or
quality of contamination caused or likely to be caused by the persons liable
to pay the fees, or a score, assigned by the regulation to an activity to
which the fees relate, that reflects the factors; or
(b) other factors.
(4)
Also, a regulation may prescribe the following—
(a) assessment benchmarks
for the Planning Act for the assessment of a prescribed ERA under that Act,
other than an assessment carried out by the planning chief executive;
(b) for
the Planning Act , the matters a referral agency other than the planning chief
executive—
(i) must or may assess a development application for a prescribed
ERA against; or
(ii) must or may assess a development application for a
prescribed ERA having regard to.
(5) A regulation may be made to give effect
to, and enforce compliance with, a national environment protection measure
made under the national scheme laws.
(6) A regulation may be made—
(a)
creating offences against the regulation; and
(b) fixing a maximum penalty of
a fine of 165 penalty units for an offence against the regulation.