ENVIRONMENT PROTECTION ACT 1993

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 3 Interpretation
• 4 Waste
• 4A Approved recovered resources
• 4B Waste management hierarchy
• 5 Environmental harm
• 5B Site contamination
• 5C Responsibility for pollution
• 5D Liability for certain offences from vehicles
• 6 Act binds Crown
• 7 Interaction with other Acts
• 8 Civil remedies not affected
• 9 Territorial and extra-territorial application of Act

PART 2--Objects of Act

• 10 Objects of Act
• 10A Matters to be taken into account in relation to specially protected areas

PART 3--Administering agencies, conferences and the Fund

Division 1--Environment Protection Authority

• 11 Establishment of Authority
• 13 Functions of Authority
• 14 Powers of Authority
• 14A Chief Executive
• 14B Board of Authority
• 15 Terms and conditions of office
• 16 Proceedings of Board
• 17 Board may establish committees and subcommittees

Division 1A--Administering agencies

• 18A Administering agencies
• 18B Powers and functions of administering agencies
• 18C Delegation
• 18D Reports by administering agencies

Division 2--Round-table conference

• 19 Round-table conference

Division 3--Environment Protection Fund

• 24 Environment Protection Fund

PART 4--General environmental duty

• 25 General environmental duty

PART 5--Environment protection policies

Division 1--General

• 26 Interpretation
• 27 Nature and contents of environment protection policies
• 28 Normal procedure for making policies
• 29 Simplified procedure for making certain policies
• 30 Reference of policies to Parliament
• 31 Interim policies
• 32 Certain amendments may be made by Gazette notice only

Division 2--Contravention of mandatory provisions

• 34 Offence to contravene mandatory provisions of policy

PART 6--Environmental authorisations and development authorisations

Division 1--Requirement for works approval

• 35 Requirement for works approval

Division 2--Requirement for licence

• 36 Requirement for licence

Division 3--Exemptions

• 37 Exemptions

Division 4--Grant, renewal, conditions and transfer of environmental authorisations

• 38 Applications for environmental authorisations
• 39 Notice and submissions in respect of applications for environmental authorisations
• 40 Grant of environmental authorisations
• 41 Authorisations may be held jointly
• 42 Time limit for determination of applications
• 43 Term and renewal of environmental authorisations
• 44 Applicants may lodge proposed environment improvement programmes
• 45 Conditions
• 46 Notice and submissions in respect of proposed variations of conditions
• 47 Criteria for grant and conditions of environmental authorisations
• 48 Annual fees and returns
• 49 Transfer of environmental authorisations
• 50 Death of person holding environmental authorisation
• 50A Avoidance of duplication of procedures etc

Division 5--Special conditions

• 50B Special conditions not exhaustive
• 51 Conditions requiring financial assurance
• 52 Conditions requiring tests, monitoring or audits
• 52A Conditions requiring closure and post-closure plans
• 53 Conditions requiring preparation and publication of plan to deal with emergencies
• 54 Conditions requiring environment improvement programme
• 54A Conditions requiring training of employees etc
• 54B Conditions requiring certificate of compliance
• 54C Conditions requiring approval of certain works and processes

Division 6--Suspension, cancellation and surrender of environmental authorisations

• 55 Suspension or cancellation of environmental authorisations
• 56 Surrender of environmental authorisations

Division 7--Criteria for decisions of Authority in relation to development applications

• 57 Criteria for decisions of Authority in relation to development authorisations

PART 6A--Sustainability licence endorsements

• 57A Requirement for endorsement of licence
• 57B Applications for endorsements
• 57C Endorsement of licences
• 57D Term and renewal of endorsements
• 57E Annual fees and returns
• 57F Transfer of endorsements
• 57G Suspension or revocation of endorsements

PART 7--Voluntary audits and environment performance agreements

• 58 Protection for information produced in voluntary environmental audits
• 59 Environment performance agreements
• 60 Registration of environment performance agreements in relation to land

PART 8--Special environment protection provisions

Division 1--Water quality in water protection areas

• 61 Interpretation
• 61A Proclamation of water protection areas
• 62 Appointment of authorised officers by the Water Resources Minister
• 63 Water Resources Minister may exercise Authority's enforcement powers
• 64 Certain matters to be referred to Water Resources Minister
• 64A Action by Minister in case of unauthorised release of pollutant
• 64B Risk of escape of pollutant from land etc
• 64C Delegation of powers under sections 64A and 64B
64D. Costs to be a charge on land

Division 2--Beverage containers

• 64E Outline of Division
• 65 Interpretation
• 66 Division not to apply to certain containers
• 67 Exemption of certain containers by regulation
• 68 Approval of classes of containers as category A or category B containers
• 69 Approval of collection depots and super collectors
• 69A Annual fees and returns for collection depots and super collectors
• 69B Sale and supply of beverages in containers
• 69C Offence to claim refund on beverage containers purchased outside State or corresponding jurisdiction
• 69D Offence to contravene condition of beverage container approval
• 70 Retailers to pay refund amounts for certain empty category A containers
• 71 Collection depots to pay refund amounts for certain empty category B containers
• 71A Manner of payment of refund amounts
• 72 Certain containers prohibited
• 73 Evidentiary provisions

PART 9--General offences

• 79 Causing serious environmental harm
• 80 Causing material environmental harm
• 81 Alternative finding
• 82 Causing environmental nuisance
• 83 Notification where serious or material environmental harm caused or threatened
• 83A Notification of site contamination of underground water
• 84 Defence where alleged contravention of Part

PART 10--Enforcement

Division 1--Authorised officers and their powers

• 85 Appointment of authorised officers
• 85A Senior authorised officers
• 86 Identification of authorised officers
• 87 Powers of authorised officers
• 88 Warrants other than special powers warrants
• 88A Powers of senior authorised officers to investigate illegal dumping etc
• 89 Provisions relating to seizure
• 90 Offence to hinder etc authorised officers
• 91 Self-incrimination
• 92 Offences by authorised officers etc

Division 2--Environment protection orders

• 93 Environment protection orders
• 93A Environment protection orders relating to cessation of activity
• 94 Registration of environment protection orders in relation to land
• 95 Action on non-compliance with environment protection order

Division 3--Power to require or obtain information

• 96 Information discovery orders
• 97 Obtaining of information on non-compliance with order or condition of environmental authorisation
• 98 Admissibility in evidence of information

Division 4--Action to deal with environmental harm

• 99 Clean-up orders
• 100 Clean-up authorisations
• 101 Registration of clean-up orders or clean-up authorisations in relation to land
• 102 Action on non-compliance with clean-up order
• 103 Recovery of costs and expenses

PART 10A--Special provisions and enforcement powers for site contamination

Division 1--Interpretation and application

• 103A Interpretation
• 103B Application of Part to site contamination

Division 2--Appropriate persons to be issued with orders and liability for site contamination

• 103C General provisions as to appropriate persons
• 103D Causing site contamination
• 103E Liability for site contamination subject to certain agreements
• 103F Order may be issued to one or more appropriate persons
• 103G Court may order that director of body is appropriate person in certain circumstances

Division 3--Orders and other action to deal with site contamination

• 103H Site contamination assessment orders
• 103I Voluntary site contamination assessment proposals
• 103J Site remediation orders
• 103K Voluntary site remediation proposals
• 103L Entry onto land by person to whom order is issued
• 103M Liability for property damage etc caused by person entering land
• 103N Special management areas
• 103O Registration of site contamination assessment orders or site remediation orders in relation to land
• 103P Notation of site contamination audit report in relation to land
• 103Q Action on non-compliance with site contamination assessment order or site remediation order
• 103R Recovery of costs and expenses incurred by Authority
• 103S Prohibition or restriction on taking water affected by site contamination

Division 4--Site contamination auditors and audits

• 103T Application of Division
• 103U Requirement for auditors to be accredited
• 103V Accreditation of site contamination auditors
• 103W Illegal holding out as site contamination auditor
• 103X Conflict of interest and honesty
• 103Y Annual returns and notification of change of address etc
• 103Z Requirements relating to site contamination audits

Division 5--Reports by site contamination auditors and consultants

• 103ZA Reports by site contamination auditors and consultants
• 103ZB Provision of false or misleading information

PART 11--Civil remedies and penalties

• 104 Civil remedies
• 104A Authority may recover civil penalty in respect of contravention

PART 12--Emergency authorisations

• 105 Emergency authorisations

PART 13--Appeals to Court

• 106 Appeals to Court
• 107 Operation and implementation of decisions or orders subject to appeal
• 108 Powers of Court on determination of appeals

PART 14--Public register

• 109 Public register

PART 15--Miscellaneous

• 110 Constitution of Environment, Resources and Development Court
• 111 Annual reports by Authority
• 112 State of environment reports
• 113 Waste depot levy
• 114 Waste facilities operated by Authority
• 115 Delegations
• 116 Waiver or refund of fees and levies and payment by instalments
• 117 Notices, orders or other documents issued by Authority or authorised officers
• 118 Service
• 119 False or misleading information
• 120 Statutory declarations
• 120A False or misleading reports
• 121 Confidentiality
• 123 Continuing offences
• 124 General defence
• 125 Notice of defences
• 126 Proof of intention etc
• 127 Imputation of conduct or state of mind of officer, employee etc
• 128 Statement of officer evidence against body corporate
• 129 Liability of officers of body corporate
• 130 Reports in respect of alleged contraventions
• 131 Commencement of proceedings for summary offences
• 132 Offences and Environment, Resources and Development Court
• 133 Orders in respect of contraventions
• 134 Appointment of analysts
• 135 Recovery of administrative and technical costs associated with contraventions
• 135A Recovery of administrative and technical costs associated with action under Part 10A
• 136 Assessment of reasonable costs and expenses
• 137 Recovery from related bodies corporate
• 137A Joint and several liability
• 138 Enforcement of charge on land
• 139 Evidentiary
• 140 Regulations
• SCHEDULE 1--Prescribed activities of environmental
Legislative history