ENVIRONMENT PROTECTION ACT 1993 - SECT 140
ENVIRONMENT PROTECTION ACT 1993 - SECT 140
(1) The Governor may
make such regulations as are contemplated by, or as are necessary or expedient
for the purposes of, this Act.
(2) Without limiting
the generality of subsection (1), the regulations may—
(aa)
make provisions implementing a national environment protection measure;
(a)
amend Schedule 1 by—
(i)
inserting a provision into, substituting a provision in,
or deleting a provision from, the Schedule; or
(ii)
inserting material into, substituting material in, or
deleting material from, a provision of the Schedule;
(ab)
provide for the manner in which Acts or instruments may refer to a
prescribed activity of environmental significance (eg by way of an item number
or an activity (or both));
(b)
exempt classes of persons or activities from the application of this Act or
specified provisions of this Act, either unconditionally or subject to
specified conditions;
(c)
prescribe forms for the purposes of this Act;
(d)
prescribe fees, or provide for the Authority to determine fees, to be paid in
respect of any matter under this Act and provide for the recovery of those
fees;
(da)
provide for matters relating to the identification or tracking of waste or
other matter or the handling, storage, treatment, transfer, transportation,
receipt or disposal of waste or other matter at depots, facilities, works or
any other place including—
(i)
the weighing, calculation and certification of mass or
volume of the waste or matter; and
(ii)
the monitoring of the handling, storage, treatment,
transfer, transportation, receipt or disposal of the waste or matter; and
(iii)
the installation, use or maintenance of cameras at
depots, facilities or works; and
(iv)
the installation, use or maintenance of GPS devices in or
in relation to vehicles of a prescribed class (including, but not limited to,
vehicles used in the course of a
prescribed activity of environmental significance); and
(v)
the prevention of tampering with such cameras or GPS
devices; and
(vi)
the access, use or retention by the Authority or another
administering agency of information collected by such cameras or GPS devices;
(db)
provide for the furnishing to the Authority, another administering agency or
an authorised officer, of any other reports, statements, documents or other
forms of information;
(e)
authorise the release or publication of information of a specified kind
obtained in the administration of this Act;
(f)
include evidentiary provisions to facilitate proof of contraventions of this
Act for the purposes of proceedings for offences;
(g)
prescribe fines (not exceeding $10 000) for offences against the regulations;
(h)
prescribe expiation fees (not exceeding $1 000) for alleged offences against
the regulations.
(3) Regulations under
this Act—
(a) may
be of general application or limited application;
(b) make
different provision according to the matters or circumstances to which they
are expressed to apply;
(ba)
refer to, or incorporate, wholly or partially and with or without
modification, a code, standard or other document prepared or published by a
prescribed person or body, as in force from time to time or as in force at a
specified time; and
(c)
provide that a matter or thing in respect of which regulations may be made is
to be determined according to the discretion of the Authority, another
administering agency, an authorised officer or a prescribed person or body.
(3a) If the
regulations refer to a code, standard or other document—
(a) a
copy of the code, standard or other document must be kept available for
inspection by members of the public, without charge and during normal office
hours, at an office or offices specified in the regulations; and
(b) in
any legal proceedings, evidence of the contents of the code, standard or other
document may be given by production of a document purporting to be certified
by or on behalf of the Minister or the Authority or another
administering agency as a true copy of the code, standard or other document;
and
(c) the
code, standard or other document has effect as if it were a regulation made
under this Act.
(4) A regulation under
this Act may prescribe differential fees for the purposes of this Act or may
provide for fees to be determined by reference to factors related to the
quality and quantity of pollution caused or likely to be caused by the persons
liable to pay the fees or by reference to other factors.
(5) A regulation under
this Act may make provisions of a savings or transitional nature consequent on
the enactment of this Act or the commencement of specified provisions of this
Act or specified regulations or environment protection policies under this
Act.
(6) A provision
referred to in subsection (5) may, if the regulations so provide, take
effect from the date of assent to this Act or a later day.
(7) To the extent to
which a provision referred to in subsection (5) takes effect from a date
that is earlier than the date of its publication in the Gazette, the provision
does not operate so as—
(a) to
affect, in a manner prejudicial to any person (other than the Crown), the
rights of that person existing before the date of its publication; or
(b) to
impose liabilities on any person (other than the Crown) in respect of anything
done or omitted to be done before the date of its publication.