Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
Table of Amendments
Long Title
PART I--PRELIMINARY
1. This Act may be cited as the Air Pollution Act 1984.1
2. 2.1 (1) Subject to
4. In this Act, unless the contrary intention appears—“access holes” means holes by means of which samples of emissions into the outdoor atmosphere may be taken; “AS 4013” means Australian Standard 4013, “Domestic solid fuel burning appliances—Method for determination of flue gas emission”; “Authority” means the Pollution Control Authority under section 7; “chimney”, in relation to premises, means a structure or opening designed to permit the emission of pollutants into the air from those premises or from part of those premises, whether or not it is structurally a part of those premises; “control equipment” means—
5. This Act has effect subject to the Building Act 1972, the Fire Brigade Act 1957, the Machinery Act 1949, the Scaffolding and Lifts Act 1957 and the regulations in force from time to time under any of those Acts.
6. (1) Nothing in this Act applies in relation to a railway locomotive, vessel or aircraft.
PART II--ADMINISTRATION
7. (1) There shall be a Pollution Control Authority.
8. The Authority may, by instrument, delegate any of the Authority's powers under this Act to a public servant, other than the powers under sections 30 and 32 and this power of delegation.
9. (1) There shall be 1 or more inspectors for the purposes of this Act.
10. (1) The Chief Executive shall issue to the Authority an identity card that specifies the Authority's name and office, and on which appears a recent photograph of the Authority.
PART III--CONTROL OF AIR POLLUTION
23. (1) A person shall not operate, or cause or permit to be operated, any fuel-burning equipment or industrial plant, or carry on or permit the carrying on, of any trade, industry or process, on those premises so as to cause the emission into the air through a chimney on those premises of pollutants in excess of the prescribed standard of concentration or in excess of the prescribed rate.
24. (1) Where a person operates, or causes or permits to be operated, any fuel-burning equipment or industrial plant, or carries on, or permits the carrying on of, any trade, industry or process, on those premises, the person shall take such steps as are necessary to prevent, so far as is practicable, the emission of pollutants into the air—
25. (1) Notwithstanding that an offence referred to in subsection 23 (3), 24 (2), 24A (2) or 24B (4) is expressed to be indictable, the Magistrates Court may hear and determine proceedings for such an offence if—
26. (1) For the purposes of sections 23, 24, 24A and 24B, conduct engaged in on behalf of a body corporate by an employee or agent of the body corporate shall be deemed to have been engaged in also by the body corporate.
27. (1) A person shall not—
28. (1) Where the Minister is satisfied that meteorological conditions are, or are likely to become, such that the burning of combustible material, or the lighting, using or maintaining of a fire, in the open air would have an adverse effect on the environment or cause or increase pollution in the air, the Minister may, by notice—
29. Nothing in this Act affects the powers and authorities that may be exercised under section 5N of the Bushfire Act 1936 by—
30. (1) Where there are reasonable grounds for believing—
31. A pollution abatement notice shall, in addition to the matters required to be specified in accordance with subsection 30 (4), specify—
32. (1) Where a pollution abatement notice has been given to an occupier, the Authority may, of its own motion or upon application in writing by the occupier—
32A. 32A. An occupier to whom a pollution abatement notice has been given, shall not, without reasonable excuse, fail to comply with the requirements of that notice within the specified compliance period.
33. (1) Where the Authority is satisfied that the operation of fuel-burning equipment or industrial plant, or the carrying on of any trade, industry or process, on any premises is causing, or is likely to cause, the emission of pollutants into the air in excess of the prescribed standard of concentration or in excess of the prescribed rate, the Authority may, by notice in writing given to the occupier of those premises, require the occupier—
34. (1) Where fuel-burning equipment or industrial plant is situated on any premises, the Authority may, by notice in writing given to the occupier of those premises, require the occupier to provide, on those premises, access holes that comply with the prescribed requirements within such period (being not less than 15 days) as is specified in the notice.
35. (1) An occupier of premises shall ensure that all control equipment installed in or on the premises is maintained properly and operated efficiently.
36. (1) For the purposes of this Division, a thing is connected with a particular offence if it is—
37. (1) An inspector may, at any reasonable hour of the day or night, with such assistance as he or she thinks necessary, enter upon or into any premises (other than residential premises) for the purpose of ensuring that the provisions of this Act or the regulations are being complied with.
38. Subject to section 37, an inspector may enter upon or into any premises and may search for, and exercise all or any of the powers under subsection 37 (3) in relation to, any thing which he or she believes on reasonable grounds to be connected with an offence against this Act that is found on or in those premises if, and only if, the search is made and those powers are exercised—
39. (1) Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds for suspecting that there may be upon or in any premises a thing or things of a particular kind connected with a particular offence against a provision of this Act, and the information sets out those grounds, the Magistrate may issue a search warrant authorising the inspector named in the warrant, with such assistance as he or she thinks necessary and if necessary by force, to enter upon or into those premises, to search those premises and to exercise all or any of his or her powers under subsection 37 (3) in regard to such a thing.
40. (1) An inspector may enter upon or into any premises on or in which he or she believes, on reasonable grounds, that any thing connected with an offence against this Act is situated and he or she may search for and exercise all or any of his or her powers under subsection 37 (3) in relation to such a thing if—
41. (1) Before obtaining the consent of a person for the purposes of section 38, an inspector shall inform the person that he or she may refuse to give consent.
42. A person shall not, without reasonable excuse—
PART IIIA--PETROL
42C. 42C. A person who sells petrol by retail shall ensure that the equipment used for or in connection with the sale of petrol is constructed and marked as prescribed.
PART IV--MISCELLANEOUS
43. In proceedings for an offence against this Act, a certificate purporting to be signed by an inspector and stating—
44. (1) Application may be made to the Administrative Appeals Tribunal for a review of a decision of the Authority—
45. A notice under subsection 27A (4), a pollution abatement notice under subsection 30 (1) or a notice under subsection 32 (4), shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.
46. (1) A document that is required by this Act to be lodged with, or given to, the Authority may be so lodged or given—
48. The Smoke Nuisance Abatement Act, 1902 of the State of New South Wales shall cease to be in force in the Territory.
49. (1) The Executive may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, may make regulations—
ENDNOTES