ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994
- Act 44 of 1994 - Royal Assent 25 August 1994Table of Provisions
Long TitlePART 1 - Preliminary
- 1 Short title
- 2 Commencement
- 3 Interpretation
- 4 Best practice environmental management
- 5 Environmental harm
- 5A Assessment of reasonable costs and expenses
- 5B Environmental audit
- 5C Finfish farming
- 6 Responsibility for pollution
- 7 Act binds Crown
- 8 Objectives to be furthered
- 9 Interaction with other Acts
- 10 Civil remedies not affected
- 11 Amendment of Schedule 2
PART 2 - Administration Division 1 - Administrative bodies
- 12 Establishment of Environment Protection Authority
- 13 Board of Environment Protection Authority
- 13A Membership of Board
- 14 Functions and powers of Board
- 15 Ministerial statement of expectation
- 15A Contents of ministerial statement of expectation
- 15B Statement of intent
- 15C Conduct to be consistent with ministerial statement of expectation and statement of intent
- 16 Delegation
- 17 Committees
- 18 Director, Environment Protection Authority
- 18A Independence of Director
- 19 Staff
- 20 Authorized officers
- 20A Duty of council to prevent or control pollution
- 20B Council may ask Board to exercise powers
- 21 Council officers
- 21A Annual report
Division 2 - Access to information
- 22 Registers of environmental management and enforcement instruments
- 23 Trade secrets
- 23AA Environmental monitoring information
PART 2A - Environmental duties
- 23A General environmental duty
PART 3 - Environmental Management Division 1 - Assessment of
environmental impacts- 24 Assessment of permissible level 1 activities
- 25 Assessment of permissible level 2 activities
- 25A Assessment of applications for permits that are combined with applications for planning scheme amendments
- 26 Assessment of level 3 activities
- 27 Assessment of activities which do not require a permit
- 27AA Assessment of EL activities where no planning permit required or where Director refers proposal for variation to Board
- 27AB Section 27AB
- 27AC Directions in relation to permits in respect of EL activities
- 27AD Minor variations of planning permit in relation to EL activities
Division 1A - Assessment of activities
- 27A Classes of assessment
- 27B Notice of intent
- 27C Board to advise of proposed class of assessment
- 27D Periods for provision of guidance under section 74(4)
- 27E Board may require further information
- 27F Case for assessment to be lodged within 12 months
- 27FA Acceptance by Board of case for assessment
- 27G Periods for advertising of applications and proposals
- 27H Period for completion of assessment
- 27I Additional information
- 27J Extension of periods
- 27K Calculation of number of days
Division 2 - Environmental agreements
Division 3 - Environmental audits
- 30 Mandatory environmental audits
- 31 Protection for information produced in voluntary environmental audits
Division 4 - Notification obligations
Division 5 - Emergency authorizations
- 34 Emergency authorizations
Division 6 - Financial assurances
Division 7 - Environmental improvement programmes
- 37 Environmental improvement programme
- 38 Content of environmental improvement programme
- 39 When environmental improvement programme required
- 40 Approval of environmental improvement programmes
- 41 Appeals against environmental improvement programmes
- 41A Minor amendment of environmental improvement programmes
- 42 Contravention of requirements contained in environmental improvement programmes
- 42A Completion of environmental improvement programmes
Division 8 - Environmental licences Subdivision 1 - Interpretation
and offences- 42B Interpretation of Division 8
- 42C Offences relating to licences Subdivision 2 - Licences in relation to existing lawful activities
- 42D Persons to whom licences for existing lawful activities may be granted
- 42E Grant of licences in relation to existing lawful activities
- 42F Conditions of licences in relation to existing lawful activities
- 42G Effect of decision to grant licence in relation to existing authorisations
- 42H Notification that existing authorisation is void or condition inconsistent Subdivision 3 - Licences where no existing authority
- 42I Applications for environmental licences
- 42J Grant of licence by Director
- 42K Grant of licence by Board
- 42L Refusal by Director or Board to grant licence
- 42M Notifications of grant or refusal of licences or refusal to accept application for licences Subdivision 4 - Variation of licences
- 42N Variation of licence by Director at holder's request
- 42O Referral to Board of certain applications for variation
- 42P Variation of licence on Director's initiative
- 42Q Variation by Board of licence
- 42R Notice of decision by Board in relation to variation Subdivision 5 - Renewal of licences
- 42S Applications for renewal of licences
- 42T Renewal of licences on application
- 42U Renewal of licence on Director's own initiative Subdivision 6 - Transfer of licences
- 42V Transfer of licence only authorised if approved
- 42W Transfer of licences
- 42X Refusal to transfer licence
- 42Y Director may require condition to be satisfied before transfer Subdivision 7 - General provisions
- 42Z Conditions and restrictions of licences
- 42ZA Director may require information to be provided
- 42ZB Issue of licence document in relation to licence granted, varied, transferred or renewed
- 42ZC When licences take and cease to have effect
- 42ZD Deferral of certain decisions pending outcome of proceedings
- 42ZE Notices of certain decisions to be given Subdivision 8 - Surrender, suspension and cancellation of licences
- 42ZF Suspension, or cancellation, of licences
- 42ZG Notice to be given before suspension or cancellation
- 42ZH Surrender of licence Subdivision 9 - Appeals in relation to licences
- 42ZI Right of appeal
- 42ZJ Appeals by persons who have made representations
- 42ZK Effect of notice of appeal
- 42ZL Power of Appeal Tribunal in relation to certain appeals
PART 4 - Enforcement Provisions Division 1 - Information to be
suppliedDivision 2 - Environment protection notices
- 43B Interpretation of Division
- 44 Environment protection notices
- 44A Correction of mistakes
- 45 Duties arising under environment protection notice
- 45A Transfer of environment protection notice
- 46 Registration of environment protection notices
- 47 Action on non-compliance with environment protection notice
Division 3 - Civil enforcement
Division 4 - General offences
- 50 Offences of causing serious environmental harm
- 51 Offences of causing material environmental harm
- 51A Offence to deposit pollutant where environmental harm may be caused
- 51B Offence of contravening permit conditions
- 51C Offence to conduct certain level 2 activities other than under permit or EPN
- 52 Treatment of offences
- 53 Offence of causing environmental nuisance
- 53A Evidentiary provision for environmental nuisance
- 54 Continuing offences
- 55 General criminal defence
- 55A General environmental duty defence
- 56 Notice of defences
- 57 Proof of intention, &c., for offences
- 58 Imputation in proceedings of conduct or state of mind of officer, employee, &c.
- 59 Statement of officer evidence against body corporate
- 60 Liability of officers of body corporate
- 61 Reports in respect of alleged contraventions
- 62 Commencement of proceedings for offences
- 63 Orders by court against offenders
- 64 Recovery of technical costs associated with prosecutions
- 65 Recovery of other costs associated with prosecutions
- 66 Recovery from related bodies corporate
Division 5 - Environmental infringement notices
- 67 Environmental infringement notices
- 68 Section 68
- 69 Section 69
- 70 Section 70
- 71 Payments in respect of environmental infringement notices
- 72 Prescribed offences and penalties for Division 5
PART 5 - Environmental Impact Assessments
PART 5A - Contaminated Sites Division 1 - Preliminary
- 74A Interpretation of Part 5A
Division 2 - Action on becoming aware of contaminated site
- 74B Action by owner or occupier on becoming aware of contaminated site
Division 3 - Investigation, remediation and site management notices
- 74C Types of notices
- 74D Content of notices generally
- 74E Investigation notice
- 74F Remediation notice
- 74G Site management notice
- 74H Copies of notice to be served
- 74I Registration of notice
- 74J Amendment of notice
- 74K Revocation of notice and issue of completion certificate
- 74L Caveatable interest
- 74M Effect of section 40 of Land Titles Act 1980
- 74N Costs
- 74O Appeals
Division 4 - Compliance with notice
- 74P Duty to comply with notice
- 74Q Duty to notify if contaminated site sold
- 74R Entry of person on land to comply with notice
Division 5 - Action by Director if failure to comply with notice
or in other circumstances- 74S Action on non-compliance with notice
- 74T Action if person to be served cannot be found
- 74U Recovery of cost of action under section 74S or 74T as debt due
- 74V Cost of action under section 74S or 74T may be charge on land
- 74W Recovery of costs by certain persons from polluter
- 74X Sale or transfer of land if owner cannot be found
Division 6 - Miscellaneous
- 74Y Responsibility of related body corporate
PART 6 -
. . . . . . . .Division 1 -
. . . . . . . .- 75 Section 75
Division 2 -
. . . . . . . .- 76 Section 76
- 77 Section 77
- 78 Section 78
- 79 Section 79
- 80 Section 80
- 80A Section 80A
- 81 Section 81
- 81A Section 81A
- 81B Section 81B
Division 3 -
. . . . . . . .- 82 Section 82
- 83 Section 83
- 84 Section 84
- 85 Section 85
- 86 Section 86
- 87 Section 87
- 88 Section 88
- 89 Section 89
- 90 Section 90
- 91 Section 91
Division 4 -
. . . . . . . .PART 7 - Miscellaneous and Supplemental Division 1 - Powers of
authorized officers and council officers- 92 Powers of authorized officers and council officers
- 92A Failure to provide name or address
- 92B Power of arrest
- 93 Issue of warrants
- 94 Provisions relating to seizure
- 95 Offence to hinder, &c., authorized officers and council officers
- 95A Self-incrimination
- 96 Offences by authorized officers, &c.
Division 1A - Environment protection policies Subdivision 1 -
Environment Protection Policy Review Panel- 96A Environment Protection Policy Review Panel
- 96B Functions and powers of Panel Subdivision 2 - Contents and effect of environment protection policy
- 96C Reason for, and scope of, environment protection policy
- 96D Contents of environment protection policy
- 96E Interpretation of environment protection policy
- 96F Application of certain Acts Subdivision 3 - Making of environment protection policy
- 96G Notice of proposal to prepare draft environment protection policy
- 96H Preparation of draft environment protection policy
- 96I Notice of draft environment protection policy
- 96J Assessment of draft environment protection policy
- 96K Making of environment protection policy
- 96L Interim environment protection policy
- 96M Amendment of environment protection policy
- 96N Review of environment protection policy
Division 1B - Environmental standards and technical standards
Subdivision 1 - Environmental standards- 96O Purpose and contents of environmental standards
- 96P Consistency with certain instruments
- 96Q Making, amendment and revocation of environmental standards
- 96R Public consultation in relation to proposed environmental standards
- 96S Environmental standards, &c., not statutory rules
- 96T Environmental standards, &c., may be disallowed by House of Parliament, &c.
- 96U Effect of environmental standards
- 96V Copies of environmental standards to be made available for viewing by public
- 96W Review of environmental standards Subdivision 2 - Technical standards
- 96X Purposes, and contents, of technical standards
- 96Y Making, amendment, revocation and expiry of technical standard
- 96Z Technical standards, &c., are not statutory rules
- 96ZA Copies of technical standards, &c., to be made available for viewing by public
Division 2 - Miscellaneous provisions
- 97 Environment Protection Fund
- 98 Penalties
- 98AA Liability for payment of fees
- 98A Recovery of unpaid fees
- 99 Grants for environmental improvement purposes
- 100 Analysts
- 100A Section 100A
- 101 Protection from personal liability
- 102 Regulations
- 103 Fees imposed by councils
- 104 Provisions relating to commencement
- 105 Repeal of Environment Protection Act 1973 , &c.
- 106 Section 106
- 107 Transitional provisions
- 107A Transitional and savings provisions consequent on Environmental Management and Pollution Control Amendment (Environment Protection Authority) Act 2007
- 107B Transitional and savings provisions consequent on Building and Construction (Regulatory Reform Amendments) Act (No. 2) 2020
- 107C Transitional provision consequent on Waste and Resource Recovery Act 2022
- 108 Review of Act
- 109 Administration of Act SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 SCHEDULE 5a SCHEDULE 6 SCHEDULE 7 SCHEDULE 8
[ Note: This table has been automatically generated and may be incomplete. ]