5—Amendment of section 3—Interpretation
(1)
Section 3(1)—after the definition of "activity" insert:
"administering agency"—see Division 1A of Part 3;
(2) Section 3(1),
definition of "council"—delete the definition and substitute:
"council" means a council within the meaning of the Local Government
Act 1999 ;
(3) Section 3(1),
definition of "environmental nuisance", (a)(i)—delete subparagraph (i)
and substitute:
(i)
is caused by pollution; and
(4) Section 3(1),
definition of "environmental nuisance",
(b)—delete "waste" and substitute:
pollution
(5) Section 3(1),
definition of "occupier"—delete the definition and substitute:
"occupier", in relation to a place, includes a person with a right to occupy
the place or a licensee or any holder of a right to use or carry on operations
at the place, but does not include a mortgagee in possession unless the
mortgagee assumes active management of the place;
(6) Section 3(1),
definition of "pollutant", (d)—delete paragraph (d) and substitute:
(d)
anything declared by regulation (after consultation under section 5A) or by an
environment protection policy to be a pollutant,
but does not include anything declared by regulation or by an environment
protection policy not to be a pollutant;
(7)
Section 3(1)—after the definition of "the prescribed national scheme
laws insert:
"prescribed person" means—
(a) a
natural person; or
(b) a
body corporate that is not the holder of an environmental authorisation under
this Act; or
(c) if
the regulations specify a scheme under which the holder of an environmental
authorisation may apply to the Authority to be accredited as an accredited
licensee in respect of a particular prescribed activity of environmental
significance—a body corporate that is an accredited licensee under such
a scheme;
(8) Section 3(1),
definition of "related body corporate —delete " Corporations Law " and
substitute:
Corporations Act 2001 of the Commonwealth
(9)
Section 3(1)—after the definition of "spouse" insert:
"undertake" an activity includes commence or proceed with an activity or
cause, suffer or permit an activity to be commenced or to proceed;
(10) Section 3(1),
definition of "waste"—delete the definition and substitute:
"waste" means—
(a) any
discarded, rejected, abandoned, unwanted or surplus matter, whether or not
intended for sale or for recycling, reprocessing, recovery or purification by
a separate operation from that which produced the matter; or
(b)
anything declared by regulation (after consultation under section 5A) or by an
environment protection policy to be waste,
whether of value or not;