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TASMANIA
__________
ENVIRONMENTAL MANAGEMENT AND
POLLUTION CONTROL AMENDMENT BILL
2002
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 24 amended (Assessment of permissible level 1
activities)
5. Section 25 amended (Assessment of permissible level 2
activities)
6. Section 25A amended (Assessment of applications for
permits under Division 2A of Part 3 of the Land Use
Planning and Approvals Act 1993)
[Bill 88]-III
2
ENVIRONMENTAL MANAGEMENT AND
POLLUTION CONTROL AMENDMENT BILL
2002
(Brought in by the Minister for Primary Industries, Water
and Environment, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the Environmental Management
and Pollution Control Act 1994
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Environmental
Management and Pollution Control Amendment Act 2002.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
[Bill 88] 3
s. 3 No. Environmental Management and 2002
Pollution Control Amendment
Principal Act
3. In this Act, the Environmental Management and
Pollution Control Act 1994* is referred to as the Principal
Act.
Section 24 amended (Assessment of permissible level
1 activities)
4. Section 24 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "for
assessment under this Act";
(b) by omitting from subsection (2) "for
assessment";
(c) by omitting subsection (3) and substituting the
following subsection:
(3) Subsections (2), (5), (6), (8), (8A), (8B)
and (8C) of section 25 apply to the application
as if it were an application in respect of a
permissible level 2 activity that the Board has
determined it needs to assess under this Act.
(d) by omitting from subsection (3A) "assessment"
and substituting "application";
(e) by omitting from subsection (4) "assessed by
the Board under subsection (3)" and
substituting "referred to the Board under
subsection (1)".
*No. 44 of 1994
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2002 Environmental Management and No. s. 5
Pollution Control Amendment
Section 25 amended (Assessment of permissible level
2 activities)
5. Section 25 of the Principal Act is amended as follows:
(a) by omitting from subsection (1)(b) "for
assessment under this Act";
(b) by inserting the following subsections after
subsection (1C):
(1D) Within 14 days after an application
is referred to it under subsection (1), other
than an application under Division 2A of Part
3 of the Land Use Planning and Approvals Act
1993, the Board is to determine whether it
needs to assess the activity to which the
application relates under this Act.
(1E) The Board is taken to have
determined that it needs to assess the activity
to which the application relates under this Act
if, before the period referred to in
subsection (1D) expires, it has not notified the
planning authority to the contrary.
(c) by omitting subsections (2), (3) and (4) and
substituting the following subsections:
(2) If the Board determines that it needs
to assess the activity to which an application
relates under this Act then, unless the
application is refused under section 57(2) of
the Land Use Planning and Approvals Act
1993
(a) the Board is to do the assessment
in accordance with the
Environmental Impact
Assessment Principles and in
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s. 5 No. Environmental Management and 2002
Pollution Control Amendment
consultation with the planning
authority; and
(b) the planning authority is not to
advertise the application until it
has received written notice from
the Director that the Board has
received sufficient information to
satisfy the requirements of
section 74(3); and
(c) the planning authority is to give
the Board copies of any
representations received under
section 57(5) of the Land Use
Planning and Approvals Act 1993;
and
(d) the period referred to in section
54(1) of the Land Use Planning
and Approvals Act 1993 is
extended to 42 days; and
(e) section 57(6) of the Land Use
Planning and Approvals Act 1993
does not apply; and
(f) the planning authority,
notwithstanding any enactment to
the contrary, is not required to
assess any matter addressed in
the Board's assessment under
paragraph (a); and
(g) if, despite paragraph (f), the
planning authority does its own
assessment of a matter addressed
in the assessment under
paragraph (a), it is not entitled to
recover the cost of its assessment
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2002 Environmental Management and No. s. 5
Pollution Control Amendment
from the applicant, the Crown or
any other person.
(3) If the Board determines that it does
not need to assess the activity to which an
application relates under this Act
(a) the planning authority may
process the application without
further reference to the Board; and
(b) the Board's determination does not
affect a requirement to assess the
application under the Land Use
Planning and Approvals Act 1993
or any other Act; and
(c) for an application referred under
subsection (1), subsections (1)(a)
and (2) do not apply.
(d) by omitting from subsection (8)(d)(ii)
"direction." and substituting "direction; and";
(e) by inserting the following paragraph after
paragraph (d) in subsection (8):
(e) must not, if it grants the permit,
exercise its power under section
56(2) of the Land Use Planning
and Approvals Act 1993 in respect
of that permit without the prior
written consent of the Board.
(f) by inserting the following subsections after
subsection (8):
(8A) If a permit is issued with conditions
or restrictions required by the Board, the
planning authority is not required or entitled
to exercise any power that it could otherwise
7
s. 6 No. Environmental Management and 2002
Pollution Control Amendment
exercise under this or any other Act to enforce
those conditions or restrictions unless the
Director and the planning authority have, in
writing, agreed otherwise.
(8B) Subsection (8A) has effect
notwithstanding Part 4 of this Act, Part 4 of
the Land Use Planning and Approvals Act
1993 or any other enactment.
(8C) The Director may, by notice in
writing to a planning authority, revoke any
agreement that the Director has entered into
with that planning authority for the purposes
of subsection (8A).
Section 25A amended (Assessment of applications
for permits under Division 2A of Part 3 of the Land
Use Planning and Approvals Act 1993)
6. Section 25A of the Principal Act is amended by omitting
subsection (1) and substituting the following subsection:
(1) If an application for a permit made under
Division 2A of Part 3 of the Land Use Planning and
Approvals Act 1993 is referred to it under section 24
or 25, the Board
(a) is to assess the activity to which the
application relates; and
(b) may, by notice in writing served on the
applicant for the permit within 28 days
after the day of referral, require the
applicant to provide it with additional
information for the purpose of the
assessment.
8 Government Printer, Tasmania