Northern Territory Numbered Acts
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ENVIRONMENT PROTECTION ACT 2019 (NO 31 OF 2019)
TABLE OF PROVISIONS
Long Title
PART 1--INTRODUCTION
Division 1-- Preliminary matters
1. Short title
2. Commencement
3. Objects
4. Definitions
Division 2--Important concepts
5. Meaning of action
6. Meaning of environment
7. Meaning of environmental harm
8. Meaning of material environmental harm
9. Meaning of s ignificant environmental harm
10. Meaning of impact
11. Meaning of significant impact
12. Meaning of significant variation
13. Meaning of strategic proposal
Division 3--Application provisions
14. Act binds Crown
15. Civil remedies and common law not affected
16. Application of Criminal Code
PART 2--PRINCIPLES OF ENVIRONMENT PROTECTION AND MANAGEMENT
Division 1--Principles of ecologically sustainable development
17. Principles of ecologically sustainable development
18. Decision-making principle
19. Precautionary principle
20. Principle of evidence-based decision-making
21. Principle of intergenerational and intragenerational equity
22. Principle of sustainable use
23. Principle of conservation of biological diversity and ecological integrity
24. Principle of improved valuation, pricing and incentive mechanisms
Division 2--Management hierarchies
25. Hierarchies
26. Environmental decision-making hierarchy
27. Waste management hierarchy
PART 3--ENVIRONMENT PROTECTION DECLARATIONS
Division 1--Declaration of environmental objectives and referral triggers
28. Declaration of environmental objectives
29. Purpose and effect of referral triggers
30. Declaration of referral triggers
31. NT EPA may recommend environmental objectives and referral triggers and amendments
32. Review of environmental objectives and referral triggers
33. Amendment or revocation of environmental objective or referral trigger
34. Referral trigger – environmental offences
Division 2--Protected environmental areas and prohibited actions
35. Temporary declaration of protected environmental area
36. Permanent declaration of protected environmental area
37. Regulation of actions in declared areas
38. Declaration of prohibited actions
39. Revocation of declaration
40. Protected environmental areas – environmental offences
41. Prohibited actions – environmental offences
PART 4--ENVIRONMENTAL IMPACT ASSESSMENT PROCESS
Division 1--Purpose of environmental impact assessment process
42. Purpose of environmental impact assessment process
43. General duty of proponents
44. Certain referrals prohibited
Division 2--Cooperative agreements
45. Cooperative agreements – assessment process
46. Proponent to have only one environmental impact assessment process
47. Significant variation of action
Division 3--Referral and assessment
Subdivision 1--Referrals
48. Referral of proposed action
49. Referral of strategic proposal
50. Referral if application made to statutory decision-maker
Subdivision 2--Significant variations
51. Proponent to notify NT EPA of significant variation of proposed action or strategic proposal
52. Approval holder to refer proposed significant variation for assessment
Subdivision 3--Call-in notices
53. Call-in notice
54. Offence to contravene call-in notice
Subdivision 4--Consideration by NT EPA
55. Process for considering referred actions and strategic proposals
56. Process for considering notified significant variations
Subdivision 5--Environmental impact assessment by NT EPA
57. NT EPA to carry out environmental impact assessments of referred actions or strategic proposals
Subdivision 6--Statutory authorisations
58. Statutory authorisations and environmental impact assessments
59. Statutory authorisation granted before referral of action
PART 5--ENVIRONMENTAL APPROVALS
Division 1--Preliminary matters
60. Purpose of Part
61. Purpose of environmental approval
62. Fit and proper person to hold environmental approval
Division 2--NT EPA to provide assessment report and other documents to Minister
63. Application of Division
64. Assessment report
65. Draft environmental approval
66. Statement of unacceptable impact
67. Notice of assessment report and other documents
Division 3--Decision of Minister on environmental approval
68. Application of Division
69. Decision of Minister in relation to draft environmental approval
70. Consultation on proposal to grant an amended approval
71. Consultation on proposal to refuse to grant environmental approval
72. Show cause process
73. Matters to be considered by Minister in deciding on environmental approval
74. Time for decision on environmental approval
Division 4--Decision of Minister on statement of unacceptable impact
75. Application of Division
76. Minister's decision in relation to statement
77. Time for decision on statement of unacceptable impact
78. Show cause process
79. Refusal of approval if Minister accepts statement
80. Environmental approval granted if Minister rejects statement
Division 5--Publication of environmental approval
81. Application of Division
82. Publication of environmental approval
Division 6--Conditions of environmental approval
83. Application of Division
84. Conditions of environmental approval
85. Condition may apply after action completed
86. Conditions imposing financial requirements
87. Conditions requiring reporting of compliance with approval
88. Conditions relating to management of health, social and cultural impacts
89. Conditions of environmental approval – environmental offences
Division 7--Effect of environmental approval
90. Application of Division
91. Effect of environmental approval
92. Environmental approval to prevail over other statutory authorisations
93. Environmental approval not personal property
94. Expiry of environmental approval
95. Environmental approval revoked if amended approval granted
Division 8--Approval notice for actions under environmental approval for strategic proposal
96. Application of Division
97. Purpose of approval notice
98. Application for approval notice
99. Minister may request further information
100. Consultation on application
101. Decision of Minister in relation to approval notice
102. Issue of approval notice
103. Effect of approval notice
104. Notice of refusal
105. Publication of notice and reasons
Division 9--Amendment of environmental approval
106. Amendment of environmental approval
107. Consultation on proposed amendment
108. Publication of amended environmental approval
Division 10--Revocation or suspension of environmental approval
109. Revocation of environmental approval
110. Suspension of approval
111. Show cause process
112. Notice to statutory decision-makers
113. Obligations under approval to continue
114. Revocation at request of approval holder
115. Strategic assessment – revocation of approval
116. Strategic assessment – revocation or suspension of approval
117. Contravention of continuing obligations – environmental offences
Division 11--Transfer of environmental approval
118. Transfer of environmental approval
119. Application for approval to transfer
120. Minister may request information
121. Minister may have regard to certain matters
122. Consultation on transfer
123. Decision on transfer
124. Publication of approval of transfer and reasons
PART 6--ENVIRONMENTAL OFFSETS
125. Environmental offsets framework and guidelines
126. Environmental offsets register
PART 7--FINANCIAL PROVISIONS
Division 1--Environment protection bonds
127. Application of Division
128. Purpose of environment protection bond
129. Amount of bond
130. Environment protection bond account
131. Claim on bond
132. Unused bond refundable
Division 2--Environment protection levy
133. Environment protection levy
134. Liability for environment protection levy
135. Amount of levy
Division 3--Environment protection funds
136. Minister may establish environment protection funds
137. Payments into environment protection funds
138. Expenditure from an environment protection fund
139. Recovery of amounts paid out of fund
PART 8--ENVIRONMENTAL AUDITS, ENVIRONMENTAL AUDITORS AND ENVIRONMENTAL PRACTITIONERS
Division 1--Preliminary matters
140. Relationship of this Part to other provisions
141. Environmental audit
Division 2--Environmental audit requirements
142. Direction by CEO to carry out environmental audit
143. CEO may appoint qualified person to carry out environmental audit
144. Environmental audit and report
145. Contravention of direction – environmental offence
146. Offence relating to conflict of interest
147. Authorisation of audit despite conflict
148. Nature of conflict of interest
149. Qualified person may direct information to be provided
150. Declarations in relation to environmental audit reports
151. Contravention of direction to provide relevant information – environmental offences
152. Offence if false or misleading information in audit report or missing information
153. Retention and production of audit documentation
154. Contravention of direction – environmental offences
Division 3--Registration of environmental auditors
155. Offence to represent that registered as auditor
156. Registration of environmental auditors
Division 4--Registration of environmental practitioners
157. Offence to represent that registered as environmental practitioner
158. Registration of environmental practitioners
PART 9--ENFORCEMENT
Division 1--Environmental officers
159. Appointment or authorisation of environmental officers
160. Identity card
161. Offence not to return identity card
162. Powers of environmental officers: purposes
163. General powers of environmental officers
164. Entry of residential premises
165. Entry on Aboriginal land
166. Duties of environmental officer on land or premises
167. Duty of environmental officer in relation to seized thing
168. Forfeiture of seized thing
169. Offence to contravene requirement
170. Application for and issue of search warrant
171. Effect and term of search warrant
172. Directions by environmental officer
173. Offence to contravene direction
174. Offence to obstruct environmental officer
175. Compliance with requirement to provide information
Division 2--Environment protection notices
176. Environment protection notice – purpose and issue
177. Content of environment protection notice
178. Requirements of environment protection notices
179. Environment protection notice may permit certain acts or omissions
180. Effect of environment protection notice on need for statutory authorisation
181. Notice to prescribed statutory decision-maker of proposed notice
182. Emergency environment protection notice issued by CEO
183. Emergency environment protection notice issued by environmental officer
184. Variation or revocation of environment protection notice
185. Copy of environment protection notice may be lodged with Registrar-General
186. Recorded notice applies to owners and occupiers of land
187. Notice to owners and occupiers of land
188. Notice by owner or occupier to CEO
189. Offence to contravene notice requirement
190. Cancellation of recording of environment protection notice
191. Contravention of environment protection notice – environmental offences
192. Obstruct compliance with notice – environmental offence
Division 3--Stop work notices
193. Purpose of stop work notice
194. NT EPA may issue stop work notice
195. Requirements of stop work notice
196. Stop work notice where proponent contravenes call-in notice
197. Stop work notice may be issued even if other statutory authorisation issued
198. Contravention of stop work notice – environmental offences
Division 4--Closure notices
199. Closure notice
200. Contents of closure notice
201. Effect of closure notice
202. Copy of closure notice may be lodged with Registrar-General
203. Recorded notice applies to owners and occupiers of land
204. Notice to owners and occupiers of land
205. Notice by owner or occupier to CEO
206. Offence to contravene notice requirement
207. Cancellation of recording of closure notice
208. Contravention of closure notice – environmental offence
209. Obstruct compliance with closure notice – environmental offence
210. Closure notice not complied with
Division 5--Closure certificates
211. Criteria for closure certificate
212. Application for closure certificate
213. Issue of closure certificate
214. Effect of closure certificate
Division 6--Enforceable undertakings
215. CEO may accept enforceable undertaking
216. Enforcement orders
217. CEO may do specified acts or things
218. Withdrawal or variation of enforceable undertaking by proponent or approval holder
219. Withdrawal of acceptance by CEO of enforceable undertaking
220. No criminal proceedings while enforceable undertaking is in force
221. Proceedings following revocation of enforceable undertaking
222. No further proceedings if enforceable undertaking complied with
Division 7--Emergency authorisations
223. Emergency authorisations
Division 8--Duty to notify incidents
224. Application of Division
225. Duty to notify CEO of incidents
226. Manner and form of notice
227. Incidents not required to be reported
228. Failure to notify incident – environmental offences
229. Incriminating information
PART 10--CIVIL PROCEEDINGS
Division 1--Injunctions and other orders
230. Who may bring proceeding
231. Prohibitory injunctions
232. Mandatory injunctions
233. Interim injunctions
234. Certain considerations for granting injunctions not relevant
235. Discharge of injunctions
236. Other orders
237. Court may vary or revoke order
238. Security and undertakings
239. Orders as to costs
240. Orders as to damages on application of respondent
241. Time for commencing proceedings under this Division
242. Powers conferred are in addition to other powers of court
Division 2--Civil penalty orders, other civil orders and directions
243. Purpose of Division
244. CEO may give certain directions
245. Application for civil orders
246. CEO to have regard to certain matters
247. Notice of proposed application to court
248. Civil orders
249. Court to have regard to certain matters
250. Civil orders under section 248 (1)(b)
251. CEO may take measures if order not complied with
252. Jurisdiction is civil jurisdiction
253. Contravention of 2 or more provisions
254. Proceeding to be stayed if criminal proceedings commenced
255. Evidence not admissible in criminal proceedings
256. Orders as to costs
257. Recovery of amounts ordered to be paid to Territory
258. Time for bringing proceedings under this Division
259. Civil proceedings not to affect environment protection notices
PART 11--OFFENCES, PENALTIES AND CRIMINAL PROCEEDINGS
Division 1--Offences
260. Offence to provide false or misleading information
261. Contravention of court order under section 216 or 236 – environmental offence
262. Continuing offences
263. Liability of occupier
264. Liability of owner
265. Criminal liability of executive officer of body corporate
266. Liability of partners and unincorporated associations
267. Liability for employees and agents
268. Court may order reimbursement of investigation costs
269. Alternative verdicts
Division 2--Specified environmental offences
270. Principles to be applied in imposing a penalty for specified environmental offences
271. Additional court orders where specified environmental offence proved
272. CEO may take measures if order not complied with
Division 3--Criminal proceedings
273. Who can commence proceedings
274. Time for commencing prosecution
275. Enforcement agency for Fines and Penalties (Recovery) Act 2001
PART 12--REVIEW OF DECISIONS
276. Standing for judicial review
277. Review by NTCAT
PART 13--GENERAL MATTERS
Division 1--Delegation
278. Delegation by Minister
279. Delegation by CEO
Division 2--Service
280. Service
Division 3--Confidentiality of information
281. Confidential information
282. Decision of Minister or NT EPA
283. Effect of decision
Division 4--Public register
284. Public register
Division 5--Directions to provide information
285. Direction notice
286. Methodologies
287. Proponent or approval holder to provide information
288. Proponent or approval holder may seek exemption
289. Publication of information
Division 6--Report by CEO
290. CEO to report on enforcement and compliance
Division 7--Guidance and procedural documents
291. Guidance documents
292. Approved forms
Division 8--Regulations
293. Regulations
PART 14--REPEALS AND TRANSITIONAL MATTERS
Division 1--Acts repealed
294. Acts repealed
Division 2--Transitional matters
295. Definitions
296. Saving of existing assessments commenced but not completed
297. Termination of assessment under former Act
298. Environmental audit
299. Assessment report
300. Assessment report completed under former Act before commencement
301. Assessment report completed under former Act after commencement
302. Process for environmental approval
303. Transitional regulations
PART 15--CONSEQUENTIAL AMENDMENTS
Division 1--Geothermal Energy Act 2009
304. Act amended
305. Section 68 amended (Approval of geothermal operations plan)
Division 2--Meat Industries Act 1996
306. Act amended
307. Section 15 amended (Applications relating to establishment in area not subject to development provisions or interim development control order)
Division 3--Mining Management Act 2001
308. Act amended
309. Section 36 amended (Approval of mining management plan and grant of Authorisation)
310. Section 37 amended (Duration and conditions of Authorisation)
311. Section 82 amended (Protection of environment)
312. Part 13 inserted
Division 4--Northern Territory Environment Protection Authority Act 2012
313. Act amended
314. Section 3 amended (Definitions)
315. Section 25AA amended (Regard to principles of ecologically sustainable development)
Division 5--Petroleum Act 1984
316. Act amended
317. Section 15A amended (Appropriate person to hold permit or licence)
Division 6--Planning Act 1999
318. Act amended
319. Section 30C amended (Making concurrent application)
320. Section 30P amended (Preliminary decision about development proposal)
321. Section 30S amended (Matters to be taken into account for amendment decision)
322. Section 42 amended (Matters to be taken into account when making decision)
323. Section 46 amended (Development applications)
324. Section 51 amended (Matters to be taken into account)
325. Section 112 amended (Review if consent authority does not determine application)
326. Part 12, Division 6 inserted
Division 7--Waste Management and Pollution Control Act 1998
327. Act amended
328. Section 32 amended (Matters to be considered in granting approvals and licences)
329. Part 16 inserted
Division 8--Environmental Offences and Penalties Regulations 2011
330. Regulations amended
331. Schedule amended (Prescribed Acts)
Division 9--Fines and Penalties (Recovery) Regulations 2001
332. Regulations amended
333. Schedule 1 amended
Division 10--Northern Territory Aboriginal Sacred Sites Regulations 2004
334. Regulations amended
335. Schedule 1 amended (Guidelines for classifying applications)
Division 11--Petroleum (Environment) Regulations 2016
336. Regulations amended
337. Regulation 3 amended (Definitions)
338. Regulation 9 amended (Approval criteria for plan)
339. Regulation 12 amended (Approval notice and statement of reasons)
340. Regulation 13 amended (Refusal notice and statement of reasons)
341. Part 5 inserted
Division 12--Repeal of Part
342. Repeal of Part
SCHEDULE
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