Australian Capital Territory Current Acts Australian Capital Territory Current ActsSchedule 1 Activities requiring environmental authorisation
(see s 42)
In this schedule:
"airgun" means a firearm, other than a paintball marker, that—
(a) can propel, or is designed to propel, a projectile by means of—
(i) any gas or mixture of gases, including air but not including a gas or mixture of gases generated by an explosive; or
(ii) a spring; and
(b) is operated or designed for operation by means of a trigger or similar device.
"aquifer" means a geological formation or structure, or an artificial landfill, permeated or capable of being permeated (whether permanently or intermittently) with water.
"authorised concert venue" means a concert venue where the holder of an environmental authorisation for the conduct of outdoor concert activities is authorised to conduct such an activity.
"authorised motor racing venue" means a motor racing venue where the holder of an environmental authorisation for the conduct of motor racing events is authorised to conduct such an activity.
"blank fire firearm"—see the Firearms Act 1996
, dictionary.
"bore" means a bore, hole, well, excavation or other opening in the ground or an underground cavity (whether occurring naturally or having been artificially constructed or modified)—
(a) that is used, or is capable of being used, to intercept or collect ground water; or
(b) from which ground water is, or is capable of being, obtained or used; or
(c) that is used, or is capable of being used, for the disposal of water or waste below the surface of the ground; or
(d) that extends into an aquifer.
"clinical waste"—see the Clinical Waste Act 1990
, dictionary.
"concert" means a public performance of music the primary purpose of which is to entertain.
"concert venue" means a place or location where a concert is being, or is proposed to be, conducted.
"environmental standards" means the ACT's Environmental Standards: Assessment and Classification of Liquid and Non-liquid Wastes published by Environment ACT, as in force for the time being.
"firearm"—
(a) means a gun, or other weapon, that is, or at any time was, capable of propelling a projectile by means of an explosive force, however caused; and
(b) includes an airgun; but
(c) does not include—
(i) a blank fire firearm; or
(ii) a paintball marker.
"ground water" means water occurring or obtained from below the surface of the ground, including water occurring in or obtained from a bore or an aquifer, but not including water occurring in or obtained from any other system for the distribution, reticulation, transportation, storage or treatment of water or waste.
"hazardous component", of electronic waste, means any component of the electronic waste that has chemical, physical or biological properties with the potential to cause harm to a person, property or the environment.
"live animal weight", for animals, means the weight of the animals calculated on the basis that—
(a) for birds—555 layer chickens, 1 100 broiler chickens, 310 ducks, 165 geese, 110 turkeys or 17 emus represent 1t; or
(b) for a stock feedlot—2 cattle, 13 goats, 2 horses or 22 sheep represent 1t; or
(c) for a stock saleyard—2 cattle, 13 goats, 2 horses, 22 sheep, 5 deer, 17 emus, 13 kangaroos, 5 breeding sows, 17 porker pigs or 11 baconer pigs represent 1t.
"logging" includes the cutting and removal of pulpwood.
"mobile plant", for the processing of agricultural crops, means plant operated on a temporary basis at a place for not more than 6 months in a year.
"motor racing event" means—
(a) a motor vehicle race or practice for a motor vehicle race; or
(b) a motor vehicle reliability trial or speed test, including a trial or test for which the vehicles have been exempted under the road transport legislation from the provisions of that legislation about attaching silencers to the exhaust pipes of motor vehicles, rules of the road and speed limits during the trial or test.
"paintball marker "means a device that shoots capsules of paint, or a similar substance, for the game of paintball.
Note The Macquarie Dictionary, 4th ed, defines paintball as a game in which players participate in mock military skirmishes using guns which fire capsules of paint instead of bullets.
"receiving waters" means ground water or water in a waterway.
"regulated waste"—see section 1.1A.
"road transport legislation"—see the Road Transport (General) Act 1999
"stock"—see the Stock Act 2005
, dictionary.
"stormwater" means water run-off from an urban area that is normally collected by the stormwater system.
"stormwater system" means a system of pipes, gutters, drains, floodways and channels, being public works constructed to collect or transport stormwater in or through an urban area.
"waste" means any solid, liquid or gas, or any combination of them, that is a surplus product or unwanted by-product of an activity, whether the product or by-product is of value or not.
"wastewater" means water that is the by-product of an activity if the water—
(a) contains other matter (whether in a solid, liquid or gaseous state); or
(b) if added to receiving waters—has the potential to pollute those waters.
"water" includes water that contains impurities.
"waterway" means—
(a) a river, creek, stream or other natural channel in which water flows (whether permanently or intermittently); or
(b) a channel formed (whether in whole or part) by altering or relocating a waterway described in paragraph (a), and includes the stormwater system; or
(c) a lake, pond, lagoon or marsh (whether formed by geomorphic processes or by works) in which water collects (whether continuously or intermittently);
and includes the bed that the water in the waterway normally flows over or is covered by and the banks that the water in the waterway normally flows between or is contained by, but does not include land normally not part of the waterway that may be covered from time to time by floodwaters from the waterway.
"year" means any 12 month period.
1.1A Meaning of regulated waste
(1) In this schedule:
"regulated waste" means waste that is, or contains, 1 or more of the following kinds of waste:
(a) hazardous waste;
(b) group A waste;
(c) group B waste;
(d) group C waste;
(e) industrial waste.
(2) An expression used in subsection (1) and defined in the environmental standards has the same meaning as in the standards.
For section 42, the following activities are class A activities:
Table 1.2
column 1 item | column 2 activity |
|---|---|
| 1 | the extraction of more than 100m 3 of material (other than water) from a waterway |
| 2 | the operation of equipment designed to extract more than 30 000t per year of material (other than ground water) from land outside a waterway |
| 3 | the operation of an incineration facility for the destruction of waste by thermal oxidation (including biological, veterinary, medical, dental, quarantine and municipal wastes) |
| 4 | the sterilisation of clinical waste |
| 5 | the conduct of a crematorium for the reduction by means of thermal oxidation of human bodies to cremated remains |
| 6 | the operation of a commercial landfill facility that receives, or is intended by the operator to receive, more than 5 000t of waste per year |
| 7 | the acceptance of more than 100m 3 of soil for placement on land by a lessee (or for land under a land sublease, the sublessee) or occupier of the land if the land is in— (a) an area identified in the territory plan |
as land in any of the following zones: (b) an area identified in the territory plan |
as an area where plantation forestry is permitted subject to development assessment; or (c) an area
identified in the national capital plan as any of the following: | |
| 8 | transport activities to which the National Environment Protection (Movement of Controlled Waste between States and Territories) Measure dated 26 June 1998, as in force from time to time, made under the National Environment Protection Council Act 1994 |
, applies | |
| 9 | the transportation, from 1 place in the ACT to another place in the ACT, for fee or reward of— (a) 200kg or more of regulated waste, other than waste consisting only of stabilised asbestos waste in bonded matrix; or (b) 2t or more of used, rejected or unwanted tyres (including shredded tyres and tyre pieces) |
| 10 | sewage treatment if the activity involves the discharge of treated or untreated sewage or septic tank effluent to land or water and having a peak loading capacity designed for more than 100 people per day, other than an activity involving the recycling of wastewater if there is no discharge to receiving waters |
| 11 | the treatment (other than by incineration), storage or handling of more than 1 000m 3 of contaminated soil from land outside the parcel of land where the contaminated soil is treated, stored or handled |
| 12 | the treatment (other than by incineration), storage or handling of more than 10 000m 3 of contaminated soil from land |
| 13 | the operation of a facility at which more than 800 animals per day may be milked |
| 14 | the operation of a facility designed to process more than 30 000kL of milk or milk products per year |
| 15 | the operation of a facility designed to process more than 30 000t of agricultural crops per year, other than— (a) the processing of grapes or grape products, milk or milk products or forestry products; or (b) the processing of agricultural crops by a mobile plant on a farm |
| 16 | commercial aquaculture, being the propagation or rearing of fish or other aquatic organisms in the course of which supplementary feeding is used |
| 17 | the operation of a stock feedlot— (a) for the rearing or fattening of stock fed entirely or largely on prepared or manufactured feed; and (b) that is designed to accommodate at any one time more than 200t live animal weight of stock in a confinement area; other than a feedlot operated for drought or similar emergency relief or for the holding of stock at an abattoir or saleyard |
| 18 | the keeping of poultry, game birds or emus if the premises where the birds are kept is designed to accommodate at any one time more than 180t live animal weight of birds |
| 19 | the operation of commercial stock saleyards (including associated transport loading facilities) that sells or exchanges, or is intended by the operator to sell or exchange, more than 10 000t live animal weight of animals per year |
| 20 | the operation of an abattoir or another facility for the processing of the products of slaughtered animals (other than for the tanning of animal skins or fellmongery) designed to process more than 3 000kg of live animals per day |
| 21 | the commercial cleaning or carbonising of wool at a facility designed to process more than 200t of wool per year |
| 22 | the processing of animal skins or other animal products (including fellmongery) to produce leather or other similar products |
| 23 | outdoor concert activities using amplifying equipment if the venue has the capacity to hold more than 2 000 people and is not an authorised concert venue |
| 24 |
the management of a concert venue that has the capacity to hold more than 2 000 people where outdoor concert activities using amplifying equipment are held |
| 25 | the generation of electricity by a generator classified as a scheduled generating unit under the national electricity rules, clause 2.2.2, under the National Electricity (ACT) Law |
26
motor racing events, other than motor racing events held at an authorised racing venue
27
the management of a motor racing venue where motor racing events are held
28
lighting, using or maintaining a fire in the open air, or causing or permitting a fire to be lit, used or maintained in the open air, for the purpose of burning plant matter—
(a) to reduce a fire hazard; or
(b) to clear the land; or
(c) to conserve biological diversity or ecological integrity
Note The Emergencies Act 2004
contains an offence about lighting etc fire during a total fire ban (see that Act |
, s 116). That Act may also require the owner of land to obtain oral approval or a permit before lighting etc a fire on the land (see that Act |
, s 123 and s 126A). | |
| 29 | the commercial use of chemical products registered under the Agricultural and Veterinary Chemicals Code as in force for the time being under the Agricultural and Veterinary Chemicals Code Act 1994 |
(Cwlth) for pest control or turf management | |
| 30 | the storage of petroleum products in a facility designed to store more than 50m 3 of products |
31 | the production of petroleum products (other than the recovery, processing or disposal of petroleum product waste) at a facility designed to produce more than 100t of petroleum products per year |
| 32 | the operation of a facility that recovers, processes or disposes, or is intended by the operator to recover, process or dispose, of more than 20t of waste petroleum products per year |
| 33 | the operation of an aerodrome for helicopters (other than a facility used only for the emergency medical evacuation, retrieval or rescue of people by helicopter) if— (a) the aerodrome is operated for more than 2 weeks; and (b) the number of take-offs and landings by helicopters is, or is intended by the operator to be, more than 30 per week; and (c) the aerodrome is located less than 1km from a dwelling not associated with the aerodrome |
|
34 | the conduct of a logging operation that logs, or is intended by the operator to log, more than 5 000t of timber per year |
| 35 | the commercial production of alcoholic beverages or distilled alcohol at a facility designed to produce more than 100kL of alcoholic beverages or distilled alcohol per year |
| 36 | the conduct of an operation that applies to land, or is intended by the operator to apply to land, more than 500t per year of organic products produced by the treatment of sewerage for the improvement of soil |
37 | the operation of a facility that composts, or is intended by the operator to compost, more than 200t of animal waste, or 5 000t of plant waste, per year |
| 38 | timber chipping, pulping or milling at a facility (other than at a joinery or retail timber yard) designed to process or produce more than 30 000m 3 of timber or wood products per year |
| 39 | the manufacture of things in furnaces or kilns (including bricks, glass, pipes, pottery goods and tiles) at a facility designed to produce 10 000t or more of things per year |
| 40 | the preservation of wood for commercial purposes using chemicals (including copper, chromium, arsenic and creosote) at a facility designed to process 10 000m 3 or more of wood per year |
| 41 | the production of concrete or concrete products at a facility designed to produce more than 7 000m 3 of concrete per year |
| 42 | the production of road building materials by the mixing of ground rock aggregate and bituminous materials at a production facility that— (a) is, or is intended to be, located at the one site for more than 1 year; and (b) is designed to produce more than 30 000t of road building materials per year |
43 | the operation of a facility for the crushing, grinding or separating of materials (including sand, gravel, rock, minerals, slag, road base, concrete, bricks, tiles, asphaltic material, metal or timber) into different sizes, if the processing facility is designed to produce more than 10 000t of processed materials per year |
| 44 | the operation of a firearm shooting range Note A person commits an offence if the person operates a shooting range other than an approved shooting range. Also, a person commits an offence if the person operates an approved shooting range and is not licensed to operate the shooting range (see Firearms Act 1996 |
, s 224). | |
| 45 | the operation of a waste transfer station receiving 30 000t or more of waste each year |
| 46 | the operation of a commercial facility for the treatment of the hazardous components of electronic waste |
For section 42, the following activities are class B activities:
Table 1.3
column 1 item | column 2 activity |
|---|---|
| 1 | the manufacture of things in furnaces or kilns (including bricks, glass, pipes, pottery goods and tiles) at a facility designed to produce between 100t and 10 000t of things per year |
2 | the preservation of wood for commercial purposes using chemicals (including copper, chromium, arsenic and creosote) at a facility designed to process less than 10 000m 3 of wood per year |
| 3 | forestry activities, being the growing, harvesting and management of forestry products |
| 4 |
major land development or construction activities, being— (a) land development, or the construction of a commercial building, on a site of 0.3ha or more and including the construction of associated public infrastructure; or (b) the construction of public infrastructure on a site of 0.3ha or more; but not including the installation of pipes or lines for linear utilities such as gas, water, electricity and telephone |
| 5 | management of municipal services maintenance on unleased land, being the maintenance of— (a) urban parkland or other municipal landscapes; or (b) public places, public roads or public footpaths; or (c) the stormwater system |
| 6 | wastewater recycling that discharges recycled water onto land or into a waterway if the recycling involves— (a) the treatment for the purpose of reuse of wastewater (including effluent) in a treatment plant that has a capacity of greater than 3ML per year; or (b) the reuse of more than 3ML per year |
| 7 |
the commercial collection of waste from commercial premises |
| 8 | the operation of a commercial facility for the storage and dismantling of electronic waste |