ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994
ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994
- Act 44 of 1994
- Royal Assent 25 August 1994
TABLE OF PROVISIONS
Long Title
PART 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
28. Environmental agreements
29. Effect of environmental agreements
Division 3 - Environmental audits
30. Mandatory environmental audits
31. Protection for information produced in voluntary environmental audits
Division 4 - Notification obligations
32. Notification of incidents
33. Section 33
Division 5 - Emergency authorizations
34. Emergency authorizations
Division 6 - Financial assurances
35. Financial assurance to secure compliance with Act
36. Claim on financial assurance
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
supplied
43. Power to require information
43A. False or misleading statements
Division 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
48. Civil enforcement proceedings
48A. Minister may revoke order of Appeal Tribunal
49. Section 49
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
73. Requirement for environmental impact assessment
74. Environmental Impact Assessment Principles
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 -
. . . . . . . .
91A. Section 91A
91B. Section 91B
91C. Section 91C
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. ]