ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2023 - As at 5 April 2023 - Act 6 of 2023
Table of Provisions
PART 1 - PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Act amended
- 4 Amendment of s 16 (Material environmental harm)
- 5 Amendment of s 17 (Serious environmental harm)
- 6 Amendment of s 39 (Other definitions)
- 7 Amendment of s 40 (Purposes)
- 8 Amendment of s 41 (Submission)
- 9 Insertion new ss 41A and 41B
- 10 Amendment of s 42 (Preparation of TOR notice)
- 11 Amendment of s 49 (Decision on whether EIS may proceed)
- 12 Amendment of s 49A (Proponent may resubmit EIS)
- 13 Omission of s 50 (Ministerial review of refusal to allow to proceed)
- 14 Amendment of s 51 (Public notification)
- 15 Amendment of s 56A (Assessment of adequacy of response to submission and submitted EIS)
- 16 Amendment of s 56AA (Proponent may resubmit EIS)
- 17 Omission of s 56B (Ministerial review of refusal to allow submitted EIS to proceed)
- 18 Amendment of s 57 (EIS assessment report)
- 19 Amendment of s 59 (Required content of report)
- 20 Insertion of new s 59A
- 21 Amendment of s 125 (Requirements for applications generally)
- 22 Amendment of s 139 (Information stage does not apply if EIS process complete)
- 23 Amendment of s 143 (EIS may be required)
- 24 Amendment of s 172 (Deciding site-specific application and approving PRCP schedule)
- 25 Amendment of s 183 (Applicant may request referral to Land Court)
- 26 Amendment of s 190 (Requirements for objections decision)
- 27 Amendment of s 196 (Requirements for issuing environmental authority or PRCP schedule)
- 28 Amendment of s 215 (Other amendments)
- 29 Amendment of s 223 (Definitions for part)
- 30 Amendment of s 225 (Amendment application can not be made in particular circumstances)
- 31 Amendment of s 230 (Administering authority may require public notification for particular amendment applications)
- 32 Amendment of s 232 (Relevant application process applies)
- 33 Amendment of s 247 (Deciding amalgamation application)
- 34 Amendment of s 250C (De-amalgamation)
- 35 Amendment of s 252 (Who may apply for transfer)
- 36 Insertion of new s 278B
- 37 Amendment of s 279 (Application of div 2)
- 38 Amendment of s 283 (Notice of proposed action decision)
- 39 Amendment of s 284 (Steps for cancellation or suspension)
- 40 Amendment of s 284AA (Cancellation after suspension if annual fee not paid)
- 41 Amendment of s 284A (Who may apply)
- 42 Amendment of s 284B (Requirements for suspension application)
- 43 Omission of s 284E (Restrictions on giving approval)
- 44 Amendment of s 284F (Steps after deciding suspension application)
- 45 Amendment of s 284G (Termination of suspension)
- 46 Insertion of new ch 5, pt 14, div 1, sdiv 1, hdg
- 47 Insertion of new ch 5, pt 14, div 1, sdiv 2, hdg
- 48 Amendment of s 299 (Administering authority may require additional information)
- 49 Insertion of new ch 5, pt 14, div 1, sdiv 3 and sdiv 4, hdg
- 50 Amendment of s 300 (Making ERC decision)
- 51 Replacement of s 305 (Effect of re-application on ERC decision)
- 52 Amendment of s 316C (Application of division)
- 53 Insertion of new ch 5, pt 14A
- 54 Insertion of new s 319A
- 55 Amendment of s 320A (Application of div 2)
- 56 Amendment of s 320DA (Duty of owner, occupier or auditor to notify administering authority)
- 57 Amendment of s 320DB (Duty of local government to notify administering authority)
- 58 Amendment of s 321 (What is an environmental evaluation)
- 59 Amendment of s 326BA (When environmental investigation required—contamination of land)
- 60 Amendment of s 326F (Administering authority may request further information)
- 61 Replacement of s 331 (Content of program)
- 62 Amendment and relocation of ch 7, pt 3, div 2, hdg (Submission and approval of transitional environmental programs)
- 63 Amendment of s 332 (Administering authority may require draft program)
- 64 Replacement of ss 333–334A
- 65 Amendment of s 335 (Public notice of submission for approval of certain draft programs)
- 66 Amendment of s 336 (Authority may call conference)
- 67 Amendment of s 337 (Administering authority to consider draft programs)
- 68 Amendment of s 338 (Criteria for deciding draft program)
- 69 Replacement of s 339 (Decision about draft program)
- 70 Amendment of s 340 (Notice of decision)
- 71 Insertion of new s 340A
- 72 Replacement of s 341 (Content of approved program)
- 73 Amendment of s 343 (Failure to approve draft program taken to be refusal)
- 74 Amendment of s 343A (Notation of approval of transitional environmental program on particular environmental authorities)
- 75 Amendment of s 344 (Application)
- 76 Amendment of s 344E (Cancelling approval)
- 77 Amendment of s 345 (Annual return)
- 78 Amendment of s 352 (Authority to act on notice)
- 79 Amendment of s 353 (Effect of program notice)
- 80 Amendment of s 357A (What is an applicable event)
- 81 Amendment of s 363AA (Definitions for division)
- 82 Amendment of s 363B (Authorised person may issue a direction notice)
- 83 Amendment of s 363D (Requirements of direction notices)
- 84 Insertion of new s 370A
- 85 Amendment of s 371 (Grounds for including land in environmental management register)
- 86 Amendment of ch 7, pt 8, div 2, sdiv 2, hdg (Process for including land in relevant land register)
- 87 Amendment of s 373 (Application of sdiv 2)
- 88 Amendment of s 375 (Show cause notice to be given to owner of land)
- 89 Insertion of new ch 7, pt 8, div 2, sdiv 2A
- 90 Replacement of s 389 (Content of contaminated land investigation document)
- 91 Amendment of s 405 (Registrar of titles to maintain records about contaminated land)
- 92 Amendment of s 432 (Contravention of requirement of program)
- 93 Omission of s 432A (Contravention of condition of approval)
- 94 Amendment of s 440O (Local law may prescribe noise standards)
- 95 Amendment of s 440R (Building work)
- 96 Amendment of s 440S (Regulated devices)
- 97 Amendment of s 440ZA (Operating power boat engine at premises)
- 98 Amendment of s 460 (General powers for places and vehicles)
- 99 Amendment of s 465 (Power to require answers to questions)
- 100 Amendment of s 476 (Failure to attend or answer questions)
- 101 Insertion of new ch 9, pt 5A
- 102 Insertion of new s 486A
- 103 Amendment of s 490 (Evidentiary provisions)
- 104 Amendment of s 491 (Special evidentiary provision—particular emissions)
- 105 Amendment of s 493 (Executive officers must ensure corporation complies with Act)
- 106 Amendment of s 493A (When environmental harm or related acts are unlawful)
- 107 Amendment of s 502 (Court may make particular orders)
- 108 Insertion of new s 506A
- 109 Amendment of s 540A (Registers to be kept by chief executive)
- 110 Amendment of s 542 (Inspection of register)
- 111 Insertion of new s 542A
- 112 Amendment of s 554 (Electronic notices about applications and submissions)
- 113 Amendment of s 564 (Definitions for pt 3)
- 114 Replacement of s 574C (Report and declaration to accompany document)
- 115 Amendment of ch 12, pt 3A, div 4, hdg (Suspension or cancellation of approval)
- 116 Amendment of s 574D (Grounds for suspension or cancellation)
- 117 Amendment of s 574E (Show cause notice)
- 118 Amendment of s 574G (Suspension or cancellation)
- 119 Replacement of s 574H (Who may make a complaint)
- 120 Amendment of s 574M (False or misleading information about reports or certification)
- 121 Insertion of new ch 12, pt 4C
- 122 Insertion of new ch 13, pt 31
- 123 Amendment of sch 1 (Exclusions relating to environmental nuisance or environmental harm)
- 124 Amendment of sch 2 (Original decisions)
- 125 Amendment of sch 4 (Dictionary)
- 126 Act amended
- 127 Amendment of s 50 (Requirements for registration of plan of subdivision)
- 128 Act amended
- 129 Amendment of s 99GD (Restriction on sale of banned single-use plastic items)
- 130 Amendment of s 172 (Procedure for amending, cancelling or suspending end of waste code)
- 131 Amendment of s 173M (Applying to amend end of waste approval)
- 132 Amendment of s 173N (Deciding amendment application)
- 133 Amendment of s 173O (Applying to transfer end of waste approval)
- 134 Insertion of new ch 16, pt 4
- 135 Amendment and numbering of schedule (Dictionary)
- 136 Act amended
- 137 Amendment of s 10 (Authority’s functions)
- 138 Amendment of s 17 (Duration of appointment etc.)
- 139 Amendment of s 41 (Preparation of plans by authority)
- 140 Amendment of s 51 (Inconsistency between plans)
- 141 Amendment of s 56 (Prohibited acts)
- 142 Insertion of new pt 9
- 143 Omission of sch 2 (World heritage convention)
- 144 Amendment of sch 3 (Dictionary)
PART 6 - LEGISLATION AMENDED
