Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• chief officer (fire brigade)
• chief officer (rural fire service)
• contravene
• environment protection authority
• function
• law (of the Territory)
• may (see s 146)
• must (see s 146)
• national capital plan
• State
• territory plan.
Note 3 Terms used in this regulation have the same meaning that they have in the Environment Protection Act 1997 (see Legislation Act, s 148). For example, the following terms are defined in the Environment Protection Act 1997, s 4 (1):
• authorised officer
• environment
• environmental authorisation
• environmental harm
• environmental protection agreement
• general environmental duty
• national scheme laws
• pollutant
• pollute.
"adjoining", for noise zones, for part 3 (Noise)—see section 21.
"affected person", for part 3 (Noise)—see section 21.
"affected place", for part 3 (Noise)—see section 22.
"agency", for part 7 (Controlled waste)—see section 56.
"agvet chemical product" means—
(a) an agricultural chemical product under the agvet code, section 4; or
(b) a veterinary chemical product under the agvet code, section 5.
"agvet code" means the Agvet Code of the ACT, under the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth), as in force from time to time.
Note 1 The Agvet Code of the ACT is set out in the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth), sch 1 (see that Act, s 5 (1)).
Note 2 See s 67 (Displacement of Legislation Act, s 47 (5) and (6)).
"approval", for an activity, means a licence, lease, permit or other authority (however described) under a territory law if the authority authorises or allows the conduct of the activity on stated public land.
"as near as practicable", for part 3 (Noise)—see section 21.
"Australian university" means an entity established, recognised or approved as a university under a territory law or the law of the Commonwealth or a State.
"building work"—see the Building Act 2004, section 6 (Meaning of building work).
"built-up area"—see the Emergencies Act 2004, dictionary.
"Central National Area (City)", for schedule 2 (Noise zones, noise standards and conditions)—see schedule 2, part 2.1, section 2.1.
"Central National Area (Fairbairn)", for schedule 2 (Noise zones, noise standards and conditions)—see schedule 2, part 2.1, section 2.1.
Central National Area (The Parliamentary Zone; Barton; sections 39, 40 and 41 of Yarralumla; Acton; Anzac Parade and Constitution Avenue; Russell; Duntroon, ADFA and Campbell Park; Development Nodes and Clubs of Lake Burley Griffin and Foreshores), for schedule 2 (Noise zones, noise standards and conditions)—see schedule 2, part 2.1, section 2.1.
"CFC" means a substance mentioned in the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cwlth), schedule 1, part 1, as in force from time to time, whether existing alone or in a mixture.
Note See s 67 (Displacement of Legislation Act, s 47 (5) and (6)).
"chimney" means a structure or opening designed to allow the emission of pollutants into the air from premises, whether or not the chimney is structurally part of the premises.
"compliance point", for part 3 (Noise)—see section 32 to section 38.
"consignment authorisation", for part 7 (Controlled waste)—see section 56.
"controlled waste", for part 7 (Controlled waste)—see section 56.
"domestic article"—
(a) includes—
(i) a domestic aerosol; and
(ii) a domestic refrigerator; and
(iii) domestic airconditioning equipment; but
(b) does not include motor vehicle airconditioning equipment.
"environmental values", for part 4, schedule 3 and schedule 4—see section 41.
"facility", for part 7 (Controlled waste)—see section 56.
"halon" means a substance mentioned in the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cwlth), schedule 1, part 2, as in force from time to time, whether existing alone or in a mixture.
Note See s 67 (Displacement of Legislation Act, s 47 (5) and (6)).
"HCFC" means a hydrochlorofluorocarbon mentioned in the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cwlth), schedule 1, part 5, as in force from time to time, whether existing alone or in a mixture.
Note See s 67 (Displacement of Legislation Act, s 47 (5) and (6)).
"jurisdiction of destination", for the movement of waste, for part 7 (Controlled waste)—see section 56.
"jurisdiction of origin", for the movement of waste, for part 7 (Controlled waste)—see section 56.
"jurisdiction of transit", for the movement of waste, for part 7 (Controlled waste)—see section 56.
"national emission guidelines", for division 2.2 (Chimney emissions causing environmental harm)—see section 7.
"NEPM", for part 7 (Controlled waste)—see section 56.
"noise control manual" means the Environmental Noise Control Manual, published by the NSW Environment Protection Authority, under the Protection of the Environment Administration Act 1991 (NSW), as in force from time to time.
Note See s 67 (Displacement of Legislation Act, s 47 (5) and (6)).
"noise standard", for part 3 (Noise)—see section 24.
"noise zone", for part 3 (Noise)—see section 23.
"owner", of land, includes lessee.
"PCB", for part 5—see section 51.
"PCB material", for part 5—see section 51.
"premises" includes vacant land, a vehicle, a vessel or an aircraft.
"primary production"—see the Act, schedule 1, section 1.1.
Note 1 Under the Act, sch 1, cl 1, primary production has the same meaning as in the Income Tax Assessment Act 1936 (Cwlth). Under the Income Tax Assessment Act 1936, s 6 (1), primary production means production resulting directly from:
(a) the cultivation of land; or
(b) the maintenance of animals or poultry for the purpose of selling them or their bodily produce, including natural increase; or
(c) fishing operations; or
(d) forest operations; or
(e) horticulture;
and includes the manufacture of dairy produce by the person who produced the raw material used in that manufacture.
Note 2 The Income Tax Assessment Act 1936 (Cwlth) is available at www.comlaw.gov.au.
"producer", for part 7 (Controlled waste)—see section 56.
"public holiday"—means a day that is a public holiday under the Holidays Act 1958.
"public land" means land identified under the territory plan as public land.
Note The territory plan is available at www.actpla.act.gov.au.
"Queanbeyan city business zone", for schedule 2 (Noise zones, noise standards and conditions)—see schedule 2, part 2.1, section 2.1.
"Queanbeyan city industrial zone", for schedule 2 (Noise zones, noise standards and conditions)—see schedule 2, part 2.1, section 2.1.
"Queanbeyan city special uses zone", for schedule 2 (Noise zones, noise standards and conditions)—see schedule 2, part 2.1, section 2.1.
"residential land" means land subject to the territory plan land use policy B1 (residential).
Note The territory plan is available at www.actpla.act.gov.au.
"road"—see the Road Transport (General) Act 1999, dictionary.
"road related area"—see the Road Transport (General) Act 1999, dictionary.
"sell"—see the Act, schedule 2, section 2.1.
Note Under the Act, sch 2, s 2.1, sell includes exhibit or offer for sale (whether by wholesale or retail) and supply by way of exchange, lease, hire or credit sale.
"stormwater"—see the Act, schedule 1, section 1.1.
Note Under the Act, sch 1, s 1.1, stormwater means water run-off from an urban area that is normally collected by the stormwater system.
"stormwater system"—see the Act, schedule 1, section 1.1.
Note Under the Act, sch 1, s 1.1, 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.
"territory lease", for part 3 (Noise)—see section 21.
"transporter", for part 7 (Controlled waste)—see section 56.
"unit", for part 3 (Noise)—see the Unit Titles Act 2001, section 9.
"units plan", for part 3 (Noise), means a units plan under the Unit Titles Act 2001, section 7.
"unseasoned" wood means wood containing more than 20% moisture.
"waste"—
(a) see the Act, schedule 1, section 1.1; but
(b) for part 7 (Controlled waste)—see section 56.
Note Under the Act, sch 1, s 1.1, waste means a solid, liquid or gas, or a 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.
"waterway"—see the Act, schedule 1, section 1.1.
Note Under the Act, sch 1, s 1.1, 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.
Endnotes
1 Notification
Notified under the Legislation Act on 17 November 2005.
2 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory 2005