Australian Capital Territory Numbered Acts
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ENVIRONMENT PROTECTION ACT 1997 (NO. 92 OF 1997)
TABLE OF PROVISIONS
Long Title
PART I--PRELIMINARY
1. Short title
2. Commencement
3. Objects
4. Interpretation
5. Things taken to have an impact causing environmental harm
6. Relationship with Bushfire Act 1936 and Fire Brigade Act 1957
7. Construction consistent with certain other laws
8. Application in respect of people and certain things is limited
9. Civil remedies and common law not affected
10. Criminal liability of Crown agents
PART II--ADMINISTRATION
11. Appointment
12. Functions and powers
13. Delegations
14. Authorised officers
15. Analysts
16. Identity cards
17. Disclosure of interests
19. Inspection of documents
20. Copies of documents
21. Exclusion of material
PART III--ENVIRONMENTAL DUTIES
22. General environmental duty
23. Duty to notify of actual or threatened environmental harm
PART IV--ENVIRONMENT PROTECTION POLICIES
24. Contents
25. Consultation
26. Promulgation
27. Formal changes
28. Revocation
29. Inspection
30. Legal character
PART V--ACCREDITED CODES OF PRACTICE
31. Accrediting codes of practice
32. Notification of accredited codes of practice
33. Deemed compliance with general environmental duty
PART VI--ECONOMIC MEASURES
34. Schemes for economic measures
35. Bubble licences
36. Tradeable permits
37. Regulations may make provision for schemes
PART VII--ENVIRONMENTAL PROTECTION AGREEMENTS
38. Entering agreements
39. Form and terms of agreements
40. Effect of agreements
41. Notification of environmental protection agreements
PART VIII--ENVIRONMENTAL AUTHORISATIONS
42. Conducting prescribed classes of activities
43. Authority may require an environmental authorisation
44. Conducting activities other than prescribed activities
45. Compliance with an authorisation
46. Kinds of authorisation
47. Application
48. Public consultation
49. Grant
50. Notification of grant
51. Kinds of conditions
52. Period of authorisation
53. Authorisation fees
54. Determination of fee instalments
55. Non-payment of fees
56. Refund and remission of fees
57. Annual review of certain authorisations
58. Review of accredited environmental authorisations
59. Notification of review of environmental authorisations
60. Variation
61. Matters required to be taken into account for certain decisions under this
62. Notice of intention to vary an authorisation
63. Suspension and cancellation
64. Notice of intention to suspend or cancel an authorisation
65. Effect of suspension
66. Surrender of environmental authorisation
67. Notification of ceasing activity
PART IX--ENVIRONMENTAL PROTECTION
68. Contents of an environmental improvement plan
69. Authority may require an environmental improvement plan
70. Submission of environmental improvement plan
71. Approval of environmental improvement plan
72. Accreditation of voluntary improvement plans
73. Interpretation
74. Conduct of audits
75. Certain auditors to be approved
76. Authority may require an environmental audit
77. Authority's response to environmental audit report
78. Protection for reports of voluntary audits
79. Protection does not extend to environment protection orders
80. Interpretation
81. Contents of an emergency plan
82. Authority may require an emergency plan
83. Submission of emergency plan
84. Approval of emergency plan
85. Authority may require a financial assurance
86. Show cause why financial assurance should not be provided
87. Non-provision of financial assurance
88. Claim on or realisation of a financial assurance
89. Notice before claim on or realisation of a financial assurance
90. Recovery of extra costs
PART X--FUNCTIONS OF THE MINISTER
92. Decisions by Minister
93. Directions of Minister
94. Environmental Assessments and Inquiries
PART XI--AUTHORISED OFFICERS' POWERS
95. Interpretation
96. Entry of premises—routine inspections
97. Entry of premises—search warrants
98. Identity cards must be produced
99. Inspection of premises—routine inspections
100. Inspection of premises—search warrant
101. Inspection of premises—seriousness and urgency
102. Procedure where samples taken
103. Consent to entry
104. Search warrants
105. Emergency situations
106. Taking or directing action
107. Entry and exercise of powers
108. Seizure
109. Retention to adduce evidence
110. Disposal
111. Power to require name and address
PART XII--ANALYSTS' POWERS
112. Entry of premises
113. Evidence of analysis
PART XIII--ENFORCEMENT
114. Interpretation
115. Infringement notices
116. First notice
117. Final notice
118. Discharge of liability
119. Application for withdrawal of infringement notices
120. Withdrawal of infringement notices
121. Prosecution of minor environmental offences
122. Non-antecedent value of infringement notice offences
123. Service of notices
124. Evidence
125. Environment protection orders
126. Contravention of an environment protection order
127. Application for order
128. Making of order
129. Interim order
130. Costs—public interest
131. Security for costs etc.
132. Compensation
133. Information discovery orders
134. Contravention of information discovery order
PART XIV--ADMINISTRATIVE REVIEW
135. Review of decisions
136. Review of Minister's decisions
PART XV--OFFENCES
137. Causing serious environmental harm
138. Causing material environmental harm
139. Causing environmental harm
140. Person may be found guilty of lesser charge
141. Causing an environmental nuisance
142. Placing a pollutant where it could cause harm
143. No offence committed
144. Liability limited to harm caused by excess pollutants
145. Offences in Schedule 2
146. Conduct of directors, servants and agents
147. Criminal liability of officers of body corporate
148. (1) Before transferring ownership of an activity or place in respect of which an instrument is in effect, the transferor shall not, without reasonable excuse, fail to notify the transferee of the existence and content of the instrument.
149. Notice to Authority of alteration to equipment and works
150. Self-incrimination
151. Obstructing etc. authorised officers
152. False or misleading statements
153. Due diligence
154. Defence of emergency
155. Strict liability offences
156. Continuing offences
157. Additional court orders
158. Matters to be considered in imposing penalty
PART XVI--MISCELLANEOUS
159. Authorised acts and omissions
160. Recovery of clean-up costs
161. Assessment of reasonable costs and expenses
162. Statutory declarations
163. Environmental record of directors, servants and agents
164. Evidentiary matters
165. Determination of fees
166. Regulations
167. Review of Act
SCHEDULE 1
SCHEDULE 2
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