ENVIRONMENTAL PROTECTION ACT 1986
Table of Provisions
PART I -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Terms used
- 3A Terms used relating to pollution and environmental harm
- 4 Crown bound
- 4A Object and principles of Act
- 5 Inconsistent laws
- 6 Power of Minister or Authority to exempt
PART II -- Environmental Protection Authority
Division 1 -- Composition, procedure, etc. of Environmental Protection Authority
- 7 Continuation and composition of Environmental Protection Authority
- 8 Independence of Authority and Chair
- 9 Remuneration and allowances of Authority members
- 10 Business of Authority
- 11 Meetings of Authority
- 12 Disclosure of interests by Authority members
- 13 Decisions of persons presiding at meetings of Authority
- 14 Minutes to be kept of meetings of Authority
- 14A Decision without meeting
- 15 Objectives of Authority
- 16 Functions of Authority
- 17 Powers of Authority
- 17A Provision of services, information etc. to Authority
- 18 Delegation by Minister
- 19 Delegation by Authority
- 20 Delegation by CEO
- 21 Authority to make annual report
Division 2 -- Staff of Department, etc.
- 22 Appointment and engagement of staff generally
- 24 Use of staff and facilities of other departments etc.
- 25 Advisory groups, committees, councils and panels
PART III -- Environmental protection policies
- 26 Draft policy, preparation and publicising of
- 27 Persons may make representations to Authority on draft policy
- 28 Consideration, revision and submission to Minister of draft policy by Authority
- 29 Public inquiry into draft policy
- 30 Minister to consult on draft policy
- 31 Minister to remit draft policy, or approve it (with or without amendments) or refuse to approve it
- 32 Reconsidering and resubmitting remitted draft policy
- 33 Approved policies, status and revocation of
- 34 Orders made under s. 31(d), Parliamentary oversight of
- 35 Content of approved policies
- 36 Review of approved policies
- 37 Minor changes to approved policies
- 37A NEPM may be declared to be approved policy
PART IV -- Environmental impact assessment
Division 1 -- Referral and assessment of proposals
- 37B Terms used
- 38 Referral of proposals
- 38A Calling in a proposal
- 38B Requirements as to referrals
- 38C Proponent may amend a referred proposal
- 38D Proponent may give notice that a referred proposal will not proceed
- 38E Proposals derived from assessed strategic proposals
- 38F Request for further information
- 38G Authority must decide whether to assess a referred proposal
- 38H Nomination of person responsible for proposal
- 38I Change of person responsible for proposal
- 39 Authority to keep records of referred proposals
- 40 Assessing referred proposals
- 40AA Assessment of significant amendments
- 40A Termination of assessment
- 40B Application of assessment provisions to strategic proposals and strategic assessments
- 41 Decision-making authority not to approve proposal until certain events occur
- 41A Proposal not to be implemented before action under s. 45 taken
- 42 Conduct of public inquiries under s. 40(2)(c)
43. Minister may direct Authority as to assessing proposal
- 43A Amendments to proposals during assessment
- 44 Report by Authority on assessment of proposal
Division 2 -- Implementation of proposals
- 44A Terms used
- 45 Procedure for deciding if assessed proposal may be implemented
- 45A Implementation conditions
- 45B Implementation of derived proposal
- 45C Amending approved proposals or implementation conditions without inquiry or assessment
- 45D Division or consolidation of proposals and issue of separate or combined Ministerial statements
- 46 Amending implementation conditions after inquiry
- 46A Interim conditions and procedures
- 47 Duties of proponents after service of Ministerial statement
- 47A Duration and withdrawal of Ministerial statement
- 48 Control of implementation of proposals
Division 2A -- Payments relating to proposals
- 48AA Fees and charges for referral and assessment of proposals
Division 3 -- Assessment of schemes
- 48AAA Certain schemes not required to be assessed
- 48A Authority to decide whether or not schemes to be assessed
- 48B Authority to keep public records of schemes referred to it
- 48C Authority’s powers for assessing referred schemes
- 48D Authority to report to Minister on schemes
- 48E Minister may direct Authority to assess etc. referred schemes
Division 4 -- Implementation of schemes
- 48EA Terms used
- 48F Procedure for agreeing or deciding on conditions to which schemes are to be subject
- 48G Review of conditions in statements published under section 48F
48H. Control of implementation of assessed schemes
- 48I Which proposals under assessed schemes to be referred to Authority
- 48J Disputes between Minister and responsible Ministers, Governor to decide
PART V -- Environmental regulation
Division 1 -- Pollution and environmental harm offences
- 49 Causing pollution and unreasonable emissions
- 49A Dumping waste
- 50 Discharging waste in circumstances likely to cause pollution
- 50A Causing serious environmental harm
- 50B Causing material environmental harm
- 50C Court may find accused guilty of alternative offences if charged with causing serious environmental harm
- 50D Regulations may require authorisation for conduct that might cause pollution or environmental harm
- 51 Occupiers of premises, duties as to emissions
Division 2 -- Clearing of native vegetation
- 51A Terms used
- 51B Declaration of environmentally sensitive areas by regulation
- 51C Unauthorised clearing of native vegetation
- 51D Section 51C(a) does not apply to certain land
- 51DA Referral of proposed clearing to CEO for decision on whether a clearing permit should be obtained
- 51E How applications for clearing permits are made and dealt with
- 51F Effect of referred proposal on decisions about clearing
- 51G Duration of clearing permits
- 51H Clearing permit conditions
- 51I Some kinds of conditions
- 51J Contravening clearing permit conditions
- 51K Amending clearing permit
- 51KA Application to amend clearing permit
- 51KB Effect of referred proposal on application to amend clearing permit
- 51L Revoking or suspending clearing permit
- 51M Procedure for CEO when amending, revoking or suspending clearing permit
- 51MA Surrendering clearing permit
- 51N Continuation of area permit on change of ownership
- 51O Principles and instruments to be considered when making decisions as to clearing permits
- 51P Relationship between clearing permits and approved policies
- 51Q CEO to keep a record of clearing permits and related matters
- 51R Evidentiary matters
- 51S Clearing injunctions
- 51T Other laws as to clearing vegetation not affected by this Division
Division 3 -- Prescribed premises, works approvals and licences
- 52 Changing premises to become prescribed premises requires approval
- 53 Prescribed premises, restrictions as to changes to etc.
- 54 Works approvals, applying for, granting, refusing etc.
- 55 Contravening conditions of works approvals
- 56 Occupiers of prescribed premises to be licensed for emissions etc.
- 57 Licences, applying for, granting, refusing etc.
- 58 Contravening licence conditions
- 59 Amending works approval or licence
- 59A Revoking or suspending works approval or licence
- 59B Procedure for amending, revoking or suspending works approval or licence
- 60 Relationship between works approvals or licences and approved policies
- 61 Duty of persons becoming occupiers of prescribed premises
- 62 Works approval and licence conditions
- 62A Some kinds of conditions
- 63 Duration of works approvals and licences
- 63A CEO to keep and publish record of works approvals and licences
- 64 Transfer of works approvals and licences
Division 4 -- Notices, orders and directions
- 64A CEO to keep records of notices
- 65 Environmental protection notices, issue and effect of
- 66 Environmental protection notices, registration of etc. on land titles
- 67 Duties of person ceasing to be owner etc. of land subject to notice registered under s.
- 68 Restriction on subdividing etc. land subject to notice registered under s.
- 68A Closure notices, issue and effect of
- 69 Stop orders, issue and effect of
- 70 Vegetation conservation notices, issue and effect of
- 71 Environmental protection directions, issue and effect of
- 72 Duty to notify CEO of discharges of waste
- 73 Powers to deal with etc. discharges of waste, pollution and environmental harm
- 73A Prevention notices, issue and effect of
- 73B Breach of notice issued under s. 65, 70 or 73A, damages for
Division 5 -- Miscellaneous
- 74 Defences to certain offences
- 74A Defences to offences of causing pollution etc.: authority of this Act
- 74B Other defences to environmental harm offences
- 75 Discharges or emissions in emergencies
- 76 Miscellaneous offences
- 77 Vehicles and vessels, duties of owners etc. of
- 78 Interfering with anti-pollution devices on vehicles or vessels
- 79 Unreasonable noise emissions from premises
- 80 Installing equipment emitting unreasonable noise
- 81 Noise abatement, powers for
- 81A Seizing noisy equipment
- 82 Ancillary powers for s. 81 and 81A
83. Duty to give assistance and information to officials
- 84 Excessive noise emissions from vehicles or vessels
- 85 Excessive noise emissions from equipment
- 86 Manufacture, sale etc. of products emitting excessive noise
PART VA -- Financial assurances
- 86A Terms used
- 86B Financial assurance requirements, imposition and effect of
- 86C Minister’s consent needed to impose etc. financial assurance requirement
- 86D Amount of financial assurance
- 86E Claim on or realising of financial assurance
- 86F Lapsing of financial assurance requirement
- 86G Use of financial assurance not to affect other action
PART VI -- Enforcement
- 87 Authorised persons, appointment of
- 88 Inspectors, appointment and purposes of
- 89 Entry powers of inspectors
- 89A Use of assistance and force
- 90 Powers of inspectors to obtain information
- 91 Entry powers of inspectors for s.
- 91A Stopping etc. vehicles and vessels, powers of inspectors and authorised persons as to
- 92 Inspectors may require details of certain occupiers and others
- 92A Seizing evidence etc.
- 92B Dealing with seized things
- 92C Returning seized things
- 92D Forfeiture of abandoned property
- 92E Person not to interfere with seized things
- 92G Inspector to try to minimise damage
- 92H Compensation for loss etc. due to enforcement action
- 93 Obstructing etc. inspectors or authorised persons
- 94 Analysts, appointment of
- 95 CEO may require information about industrial processes etc.
- 96 CEO may require information about vehicles or vessels
- 97 CEO may require vehicles, vessels and equipment to be made available for testing
- 98 Police officers’ powers for inspecting etc. vehicles and vessels
- 99 Police officers may stop audible alarms
PART VIA -- Legal proceedings and penalties
Division 1 -- Prescribed offences and modified penalties
- 99AA Term used: prescribed offence
- 99A Modified penalty notice, issue of
- 99B Content of modified penalty notice
- 99C Extending time to pay modified penalty
- 99D Withdrawing modified penalty notice
- 99E Consequence of paying modified penalty
- 99F Register of modified penalty notices etc.
- 99G Application of penalties collected
Division 2 -- Infringement notice offences
- 99H Terms used
- 99I Designated persons for s. 99K, 99M or 99N, appointment of
- 99J Infringement notice, issue of
- 99K Content of infringement notice
- 99L Some prior convictions and payments of modified penalties to be disregarded for s. 99K(3)
99M. Extending time to pay modified penalty
- 99N Withdrawing infringement notice
- 99O Consequence of paying modified penalty
- 99P Application of penalties collected
Division 3 -- Penalties
- 99Q Penalties
- 99R Daily penalty
- 99S Attempt and accessory after the fact
Division 4 -- Additional powers available to the court
- 99T Term used: convicted
- 99U Orders generally
- 99V Orders for forfeiture
- 99W Disposal of forfeited things
- 99X Orders for prevention, restoration etc.
- 99Y Orders for costs, expenses and compensation
- 99Z Orders regarding monetary benefits
- 99ZA Orders requiring public notice to be given etc.
- 99ZB Enforcing orders to pay moneys
PART VII -- Appeals
- 100 Appeals against Authority’s decisions etc. as to proposals and schemes
- 101 Minister’s powers on appeals under s.
- 101A Appeals against decisions as to clearing permits
- 102 Appeals against decisions as to works approvals and licences
- 103 Appeals against decisions as to notices issued under s. 65, 68A, 70 or 73A
104. Appeals against CEO’s requirements under s. 96 or
105. Matters that cannot be appealed
- 106 Preliminary procedure on appeals
- 107 Minister’s powers on appeal
- 107A Appeals Convenor, appointment of
- 107B Functions of Appeals Convenor
- 107C Appeals panel, appointment of
- 107D Administrative procedures for appeals
- 108 Appeals committees, composition and remuneration of
- 109 Procedure of appeals committees
- 110 Minister’s decisions on appeals, implementation and publication of
PART VIIA -- Landfill levy
- 110A Terms used
- 110B Payment of levy
- 110C Financial assurance
- 110D Payment by instalments
- 110E Penalty for non-payment
- 110F Recovery of levy
- 110G Evading levy
Division 2 -- Waste Management and Recycling Account
PART VIII -- General
- 111 Saving of rights at law to prevent etc. pollution etc.
- 111A Victimisation of informants etc.
- 112 False information
- 112A Self-incrimination
- 114 Prosecutions, who may institute
- 114A Prosecutions, limitation periods for
- 115 Investigation expenses
- 116 Disputes between Authority and other public authority
- 116A Proof not required of certain matters
- 116B Proof of remotely sensed images
- 117 Proof of documents
- 118 Establishing state of mind of body corporate
- 118A Liability of officers for offence by body corporate
- 119 Averment of occupation or control
- 120 Disclosing certain information restricted
- 121A Authority to perform certain functions in relation to Crown land for purposes of this Act
- 121 Protection from personal liability
- 122 Administrative procedures, Authority may establish
- 122A Codes of practice
- 122B Forms and other matters relating to documentation
- 123 Regulations
- 124 Review of Act
PART VIIIA -- Bilateral agreements with the Commonwealth
- 124A Terms used
- 124B Effect of Part
- 124C Additional function of Authority
- 124D Application for a matter to be dealt with as a bilateral matter
- 124E Performance of functions in respect of bilateral matters
- 124F Fees in relation to bilateral matters
- 124G Disclosure of information for the purposes of bilateral agreements
- 124H Regulations
PART IX -- Transitional
- 125 Interpretation Act 1984 not affected
- 126 Transitional provisions for Environmental Protection Act 1971
- 127 Transitional provisions not related to Environmental Protection Act 1971
- 128 General saving
Division 2 -- Transitional provisions for Approvals and Related Reforms (No. 1) (Environment) Act 2010 Part
- 129 Term used: amending Act
- 130 Appeals in respect of proposals
- 131 Appeals in respect of clearing permits
- 132 Appeals in respect of works approvals and licences
Division 3 -- Transitional provisions for Approvals and Related Reforms (No. 1) (Environment) Act 2010 Part
- 133 Minor or preliminary work that has Authority’s consent
Division 4 -- Transitional provisions for Environmental Protection Amendment Act 2020
Subdivision 1 -- General provision
- 133A Term used: amending Act
Subdivision 2 -- Transitional provisions relating to clearing matters
- 133B Declaration of environmentally sensitive areas
- 133C Clearing permit applications
- 133D Clearing injunctions
Subdivision 3 -- Transitional provisions relating to works approvals and licences
- 133E Terms used
- 133F Works approvals
- 133G Licences
- 133H Existing applications for works approvals or licences
- 133I Existing applications as to existing works approvals
- 133J Existing applications as to existing licences
- 133K Appeals in respect of refusal to grant works approvals and licences
- 133L Other appeals in respect of works approvals and licences
Subdivision 4 -- Other matters
- 133M Referred proposals
- 133N Chair and Deputy Chair
- 133O Transitional regulations
- 133P Interpretation Act 1984 not affected
PART X -- Validation
- 134 Terms used
- 135 Grounds of invalidity
- 136 Certain proceedings of Environmental Protection Authority and other things validated
- 137 Exclusions from validation