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This is a Bill, not an Act. For current law, see the Acts databases.
2024
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment, Parks and Land Management)
Contents
Page
2024
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment, Parks and Land Management)
Environment Protection Legislation Amendment Bill 2024
A Bill for
An Act to amend legislation about protection of the environment, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Environment Protection Legislation Amendment Act 2024
.
(1) This Act (other than the provisions mentioned in subsection (2)) commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
(2) The following provisions commence 6 months after this Act’s notification day:
• section 4
• section 40
• sections 42 to 44.
This Act amends the following legislation:
•
•
•
.
Part 2 Environment Protection Act 1997
4 Offences against
Act—application of Criminal Code etc
Section 3B, note 1, new dot
point
insert
• sch 2, s 2.4 (Sale or installation of solid fuel-burning equipment without certification or plate)
5 Objects of Act
Section 3C
(1) (d)
omit
economic and social
substitute
economic, social and cultural
6 Principles applying to
Act
New section 3D (1) (f)
insert
(f) the principle of ecologically sustainable development.
7 Section 3D (2), new definition of ecologically sustainable development
insert
ecologically sustainable development means the effective integration of economic and environmental considerations in decision-making processes, achievable through implementation of the following:
(a) the precautionary principle;
(b) the inter-generational equity principle;
(c) conservation of biological diversity and ecological integrity;
(d) improved valuation and pricing of environmental resources.
8 Criminal liability of the
Territory
Section 10, new note
insert
Note This Act binds all governments, including the Commonwealth
(see
, s 121 (1) and the Australian Capital Territory (Self-Government) Regulations 2021
(Cwlth)). However, this Act does not make a government (other than the Territory) liable to be prosecuted for an offence (see Legislation Act
, s 121 (3)).
substitute
Division 2.2 Public access to documents
substitute
19 Public access to documents
omit everything before paragraph (a), substitute
(1) The authority must make the following documents available to the public:
insert
(ca) an environment protection policy made under part 4;
after
results
insert
given to the authority
substitute
(l) an order under section 91C (1) (Order to assess whether land contaminated);
substitute
(o) an order under section 91D (1) (Order to remediate land);
substitute
(q) the register of contaminated sites kept under section 21A;
substitute
(2) The authority must make a document mentioned in subsection (1) available by—
(a) making the document available for inspection without charge during ordinary business hours at an ACT government office; or
(b) making the document accessible without charge on an ACT government website, or by a link on an ACT government website; or
(c) if a person requests a copy of the document—giving the person a copy of the document on payment of any reasonable copying costs.
(3) This section is subject to section 21 (Exclusion of material from public access).
18 Copies of
documents
Section 20
omit
substitute
21 Exclusion of material from public access
(1) This section applies if a person provides a document to the authority in relation to—
(a) the grant, variation or review of an environmental authorisation; or
(b) the submission of an environmental improvement plan; or
(c) the approval of an emergency plan; or
(d) the entry into an environment protection agreement; or
(e) the making of an order under—
(i) section 91C (1) (Order to assess whether land contaminated); or
(ii) section 91D (1) (Order to remediate land); or
(f) the making of an environment protection order; or
(g) setting out the results of monitoring or testing required by the authority to be conducted; or
(h) the submission of an environmental audit report; or
(i) the conduct of an activity to which section 159A (National pollutant inventory—provision of information) applies.
(2) The person, or another person whose interests are affected by the provision of the document, may apply to the authority to exclude the document, or a stated part of the document, from public access under section 19 because—
(a) public access to the document or part of the document—
(i) would reveal a trade secret; or
(ii) would, or would reasonably be expected to, adversely affect the applicant in relation to the lawful business affairs of the applicant; and
(b) it would not be in the public interest for the document or part of the document to be published.
(3) The application must—
(a) be in writing; and
(b) be made at the same time as the document is provided to the authority.
(4) If the authority is satisfied of the matters mentioned in subsection (2) (a) and (b), it must—
(a) for a document—not make the document available to the public under section 19; or
(b) for part of a document—
(i) exclude that part from any copy of the document made available to the public under section 19; and
(ii) include a statement in the copy made available to the public that an unspecified part of the document has been excluded to protect the confidentiality of information in the excluded part.
(5) The authority must not make a document, or part of a document, that is the subject of an application available to the public under section 19 until the later of—
(a) 28 days after the authority makes a decision on the application; and
(b) if an entity applies to the ACAT for review of the decision—the application (including any appeal) has been decided.
20 Notification of making of certain
entries in register
Section 21B (2)
omit everything before paragraph (a), substitute
(1) The notice must state where the following documents are available to the public under section 19:
after
section 91C (1)
insert
(Order to assess whether land contaminated)
after
section 91D (1)
insert
(Order to remediate land)
23 Consultation on draft environment
protection policy
Section 25 (1) (b)
substitute
(b) stating where the draft policy is available to the public; and
omit
copies of the draft environment protection policy available for inspection
substitute
the draft environment protection policy available to the public
25 Notification of environment
protection policies etc
Section 28 (2) (c), except note
substitute
(c) a statement of where the policy is made available to the public under section 19.
omit
27 Public notice of accredited codes of
practice
Section 32 (2)
substitute
(2) A public notice under subsection (1) must state where the accredited code of practice is available to the public under section 19 (Public access to documents).
28 Notification of environmental
protection agreements
Section 41 (1) (b)
substitute
(b) is available to the public under section 19 (Public access to documents).
29 Notification of
grant
Section 50 (3) (b)
substitute
(b) is available to the public under section 19 (Public access to documents).
30 Notification of review of
environmental authorisations
Section 59 (1) (b)
substitute
(b) indicating that a copy of the review is available to the public under section 19 (Public access to documents).
31 Matters required to be taken into
account for certain decisions under div 8.2
Section 61 (d)
omit
economic and social
substitute
economic, social and cultural
32 Notification of certain people about
orders for assessment or remediation
Section 91E (2) (b)
omit
may be inspected
substitute
is available to the public
substitute
91F Certain documents to be available free of charge
The authority must—
(a) make a document mentioned in section 91E (2) (b) available to the public without charge by—
(i) making it accessible on an ACT government website, or by a link on an ACT government website; or
(ii) making it available for inspection during ordinary business hours at an ACT government office; and
(b) on request by a person, give the person a copy of the document without charge.
34 Directions of
Minister
Section 93 (2)
substitute
(2) The Minister must not give a direction to the authority in relation to a matter under—
(a) part 11 (Powers of authorised officers); or
(b) part 12 (Powers of analysts); or
(c) part 13 (Enforcement); or
(d) part 14 (Notification and review of decisions); or
(e) part 14A (Enforceable undertakings).
insert
164B Incorporation of documents
(1) A statutory instrument under this Act may apply, adopt or incorporate a law or instrument as in force from time to time.
(2) The
, section 47 (5) and (6) do not apply to a law or instrument applied, adopted or incorporated under a statutory instrument under this Act (an incorporated law or instrument).
Note An incorporated law or instrument does not need to be notified
under the
because s 47 (5) and (6) do not apply (see Legislation Act
, s 47 (7)).
(3) The authority must ensure an incorporated law or instrument is—
(a) on the ACT legislation register; or
(b) available for inspection without charge during ordinary business hours at an ACT government office; or
(c) accessible without charge on an ACT government website, or by a link on an ACT government website.
(4) An incorporated law or instrument is not enforceable by or against the Territory or anyone else unless it is made accessible in accordance with subsection (3).
(5) However, subsections (3) and (4) do not apply if the incorporated law or instrument is—
(a) a law of another jurisdiction; or
(b) an Australian Standard; or
(c) an Australian/New Zealand Standard.
Note Laws of other jurisdictions are available on each jurisdiction’s legislation website. Standards are available at www.standards.org.au
.
(6) In this section:
law of another jurisdiction—see the Legislation Act
, section 47 (10).
36 Regulation-making
power
Section 166 (2) and notes
substitute
(2) A regulation may make provision in relation to the sampling and analysis of pollutants.
omit
10 penalty units
substitute
20 penalty units
38 Class A
activities
Schedule 1, table 1.2, item 35
substitute
|
35
|
the commercial production of alcoholic beverages or distilled alcohol at a
facility designed to produce more than—
(a) 30 kL of alcoholic beverages or distilled alcohol per day; or
(b) 10 000kL of alcoholic beverages or distilled alcohol per year
|
39 Schedule 2, section 2.1 (2) and note
omit
substitute
2.4 Sale or installation of solid fuel-burning equipment without certification or plate
(1) A person commits an offence if—
(a) the person sells fuel-burning equipment; and
(b) the equipment is solid fuel-burning equipment; and
(c) the equipment is sold for use at residential premises; and
(d) 1 or more of the requirements mentioned in subsection (3) are not met in relation to the equipment.
Maximum penalty: 30 penalty units.
(2) A person commits an offence if—
(a) the person installs fuel-burning equipment on premises; and
(b) the equipment is solid fuel-burning equipment; and
(c) the premises are residential premises; and
(d) 1 or more of the requirements mentioned in subsection (3) are not met in relation to the equipment.
Maximum penalty: 30 penalty units.
(3) For subsections (1) (d) and (2) (d), the following requirements apply in relation to solid fuel-burning equipment:
(a) if AS/NZS 4012 applies to the equipment—
(i) a certificate of compliance issued by a certifying entity must be in force, certifying—
(A) that the equipment, or equipment of the same model and manufacturer, has been tested in accordance with AS/NZS 4012; and
(B) the overall average efficiency under AS/NZS 4012 of the tested equipment; and
(ii) the certified overall average efficiency of the tested equipment must be equal to, or higher than, the minimum overall average efficiency prescribed by regulation; and
(iii) a plate marked in accordance with AS/NZS 4012 must be attached to the equipment; and
(b) if AS/NZS 4013 applies to the equipment—
(i) a certificate of compliance issued by a certifying entity must be in force, certifying—
(A) that the equipment, or equipment of the same model and manufacturer, has been tested in accordance with AS/NZS 4013; and
(B) the appliance particulate emission factor under AS/NZS 4013 for the tested equipment; and
(ii) the certified appliance particulate emission factor for the tested equipment must be equal to, or less than, the maximum appliance particulate emission factor prescribed by regulation; and
(iii) a plate marked in accordance with AS/NZS 4013 must be attached to the equipment.
(4) Subsections (1) and (2) do not apply—
(a) to solid fuel-burning equipment prescribed by regulation; or
(b) if the person has a reasonable excuse.
Note The defendant has an evidential burden in relation to the matters
mentioned in s (4) (see
, s 58).
(5) The authority may declare an entity to be a certifying entity.
(6) A declaration under subsection (5) is a disallowable instrument.
(7) In this section:
certifying entity means an entity declared to be a certifying entity by the authority under subsection (5).
41 Reviewable
decisions
Schedule 3, item 1
substitute
|
1
|
21 (4)
|
refuse to exclude document or part of document from being made available to
the public
|
applicant
|
Part 3 Environment Protection Regulation 2005
substitute
14B Minimum overall average efficiency—Act, sch 2, s 2.4 (3) (a) (ii)
after
overall
insert
average
substitute
14C Maximum appliance particulate emission factor—Act, sch 2, s 2.4 (3) (b) (ii)
45 Definitions for pt
3
Section 21, definition of affected person, paragraph (b),
note
omit
46 Sale and hiring of
things
Section 40 (1), new note 2
insert
Note 2 The Protection of the Environment Operations Act 1997
(NSW) does not need to be notified under the Legislation Act
because s 47 (6) does not apply (see Act
, s 164B).
omit
48 Definitions—pt
6
Section 53, definition of agvet code, note 2
substitute
Note 2 The Agricultural and Veterinary Chemicals Code Act 1994
(Cwlth) does not need to be notified under the Legislation Act
because s 47 (6) does not apply (see Act
, s 164B).
49 Definitions—div
6.4
Section 55C, definition of registered training
organisation, new note
insert
Note The National Vocational Education and Training Regulator Act 2011
(Cwlth) does not need to be notified under the Legislation Act
because s 47 (6) does not apply (see Act
, s 164B).
50 Definitions for pt
7
Section 56, definition of NEPM, notes 2 and 3
substitute
Note 2 The NEPM does not need to be notified under the Legislation Act
because s 47 (6) does not apply (see Act
, s 164B). The NEPM is accessible at www.legislation.gov.au
.
51 Application of div
7.2
Section 57 (b), note
substitute
Note The Hazardous Waste (Regulation of Exports and Imports) Act 1989
(Cwlth) does not need to be notified under the Legislation Act
because s 47 (6) does not apply (see Act
, s 164B).
52 Procedures and
protocols
Section 65 (a), notes 2 and 3
omit
omit
substitute
Note A law or instrument applied by this section does not need to be
notified under the
because s 47 (5) and (6) do not apply (see Act
, s 164B). A law or instrument applied by this section is available:
• for a law of another jurisdiction—on the jurisdiction’s legislation website
• for a standard published by or on behalf of Standards Australia—at www.standards.org.au
• for another law or instrument—in accordance with the Act
, s 164B (3).
omit
56 Definitions for pt
2.1
Schedule 2, section 2.1, definition of Central National Area
(City Hill Precinct), note
substitute
Note The national capital plan does not need to be notified under the
because s 47 (6) does not apply (see Act
, s 164B). The national capital plan is accessible at www.legislation.gov.au
.
57 Schedule 2, section 2.1, definition of Queanbeyan city business zone, note
omit
58 Dictionary, definition of Poisons Standard, note
substitute
Note The Poisons Standard does not need to be notified under the Legislation Act
because s 47 (6) does not apply (see Act
, s 164B). The Poisons Standard is accessible at www.legislation.gov.au
.
Part 4 Water Resources Act 2007
59 ACT water resource
plan
Section 11A (2) and (3)
omit
an instrument
substitute
a law or instrument
omit
An instrument
substitute
A law or instrument
substitute
100 Incorporation of documents
(1) A statutory instrument under this Act may apply, adopt or incorporate a law or instrument as in force from time to time.
Note The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act
, s 47 (5) or (6) is not disapplied (see s 47 (7)).
(2) The
, section 47 (5) and (6) do not apply to any of the following laws or instruments applied, adopted or incorporated under a statutory instrument under this Act:
(a) a law of another jurisdiction;
(b) an Australian Standard;
(c) an Australian/New Zealand Standard.
Note These laws and instruments do not need to be notified under the
because s 47 (5) and (6) do not apply (see Legislation Act
, s 47 (7)). Laws of other jurisdictions are available on each jurisdiction’s website. Standards are available at www.standards.org.au
.
(3) In this section:
law of another jurisdiction—see the Legislation Act
, section 47 (10).
62 Regulation-making
power
Section 109 (2) and notes
omit
omit
10 penalty units
substitute
20 penalty units
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 14 May 2024.
2 Notification
Notified under the
on 2024.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2024
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