Australian Capital Territory Numbered Regulations

ENVIRONMENT PROTECTION REGULATIONS (NO. 36 OF 1997)

TABLE OF PROVISIONS

   PART I--PRELIMINARY CITATION 1. THESE REGULATIONS MAY BE CITED AS THE ENVIRONMENT PROTECTION REGULATIONS.

   2.      (1) Regulation 1 and this regulation commence on the day on which these Regulations are notified in the Gazette.  
   3.      (1) In these Regulations, unless the contrary intention appears—“affected land” means a parcel of land (whether inside or outside the Territory) a person on which is affected by excessive noise, but does not include—  

   PART II--AIR

   4.      This Part does not apply in relation to the lighting or smoking of a cigar, cigarette or pipe.  
   5.      For the purposes of paragraph 5 (a) of the Act, a pollutant emitted into the air through a chimney, being a pollutant specified in Table 1 or 2 of the national emission guidelines, shall be taken to cause environmental harm if the measure of the pollutant being emitted into the air from a source specified in that table opposite that pollutant exceeds the standard specified in that table opposite that source.  
   6.      (1) Despite regulation 5, the concentration of smoke being emitted into the air through a chimney from a source specified in Table 1 of the national emission guidelines opposite that pollutant—  
   7.      Despite anything in this Division, a pollutant being emitted into the air shall not be taken to cause environmental harm if the source of that pollutant is a fire that is permitted under Division 3.  
   8.      Despite anything in this Division, a pollutant being emitted into the air shall not be taken to cause environmental harm if—  
   9.      (1) For the purposes of clause 3 of Schedule 2 to the Act, sulfur is a prescribed constituent of fuel oil and the proportion of sulfur that may be present in fuel oil shall not exceed—  
   10.     For the purposes of Division 1 of Part XIII of the Act—  
   11.     (1) A person shall not cause to be burnt—  
   12.     (1) A person shall not—  
   13.     (1) Where the Minister is satisfied that meteorological conditions are, or are likely to become, such that fire related activities would—  
   14.     A person shall not light, use or maintain a fire inside a building unless the person takes such steps as are practicable and reasonable to prevent or minimise the environmental harm caused, or likely to be caused, by the emission of pollutants into the air from the fire.  

   PART III--HAZARDOUS MATERIALS

   15.     (1) For the purposes of paragraph 5 (a) of the Act, a registered or permitted agvet chemical product shall be taken to cause environmental harm if the measure of the product entering the environment exceeds the measure authorised by the NRA.  
   16.     In this Division—“discarded domestic article” includes a domestic aerosol, domestic refrigerator or domestic air conditioning equipment, but does not include discarded motor vehicle air conditioner equipment.  
   17.     This Division does not apply to—  
   18.     For the purposes of paragraph 5 (b) of the Act, an ozone depleting substance shall be taken to cause environmental harm if it enters the atmosphere.  
   19.     Despite regulation 18, an ozone depleting substance entering the atmosphere shall not be taken to cause environmental harm if the substance—  
   20.     Despite regulation 18, an ozone depleting substance entering the atmosphere shall not be taken to cause environmental harm if the substance—  
   21.     (1) For the purposes of paragraph 2 (a) of Schedule 1 to the Act, the following are Class A activities:  
   22.     (1) This regulation applies in relation to—  
   23.     For the purposes of paragraph 5 (b) of the Act, PCB material or a thing containing PCB material shall be taken to cause environmental harm if the material or thing enters the environment.  

   PART IV--NOISE

   24.     For the purpose of determining whether noise being emitted from a parcel of land is in compliance with the Act or these Regulations—  
   25.      (1) For the purpose of determining whether noise being emitted from a parcel of land is in compliance with the Act or these Regulations, the noise level shall be measured at the compliance location for that parcel of land.  
   26.     For the purposes of these Regulations, noise zones are adjoining if the zones—  
   27.     (1) For the purposes of paragraph 5 (a) of the Act, subject to this regulation, noise being emitted from a parcel of land in a noise zone shall be taken to cause environmental harm if the noise level exceeds the zone noise standard in respect of the period during which the noise is emitted.  
   28.     Despite regulation 27, noise being emitted from a parcel of land shall not be taken to cause environmental harm if—  
   29.     (1) Despite regulation 27, noise being emitted during the conduct of an activity specified in Table 2 in Schedule 2 shall not be taken to cause environmental harm if the activity is conducted in accordance with the conditions specified in that table opposite that activity.  
   30.     In the event of an inconsistency between an approval and this Part, the approval prevails.  
   31.     A person who conducts an activity that emits excessive noise shall not be taken to have committed an offence against the Act or these Regulations in respect of that emission unless—  
   32.     (1) This regulation applies in relation to—  

   PART V--PETROLEUM PRODUCTS

   33.     (1) For the purposes of clause 10 of Schedule 2 to the Act, a petrol pump used to dispense unleaded petrol into motor vehicles shall—  

   PART VI--WATER

   34.     (1) For the purposes of this Part and Schedules 3 and 4, the environmental values of a waterway are the environmental values specified in Part C2, Water Use and Catchment Policies, of the Territory Plan in respect of the waterway.  
   35.     For the purposes of paragraph 5 (b) of the Act, a pollutant specified in a table in Schedule 3 shall be taken to cause environmental harm if it enters a waterway that has as 1 of its environmental values the value specified in that table.  
   36.     The ambient environmental standards in relation to water quality for a waterway that has as 1 of its environmental values the value specified in a table in Schedule 4, in flow conditions not exceeding the long term 5 percentile high flow value, are the standards specified in that table opposite that value.  
   37.     (1) An indicator specified in a table in Schedule 4 (other than dissolved oxygen and light penetration) shall be taken to comply with the standard value specified in that table opposite that indicator if—  

   PART VII--MINOR ENVIRONMENTAL OFFENCES

   38.     (1) An offence specified in column 2 of an item in Schedule 5 is punishable, on conviction, by a penalty not exceeding—  
   39.     A person does not commit a minor environmental offence within the meaning of Division 1 of Part XIII of the Act if—  

   PART VIII--OTHER MATTERS TO BE PRESCRIBED

   40.     (1) The sampling and analysis of a pollutant other than noise shall be conducted in accordance with—  

   PART IX--MISCELLANEOUS

   41.     (1) Application may be made to the Administrative Appeals Tribunal for review of a decision of the Authority—  
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