AustLII Tasmanian Consolidated Acts

[Index] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994

- Act 44 of 1994
- Royal Assent 25 August 1994

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Best practice environmental management
   5.      Environmental harm
   5A.     Assessment of reasonable costs and expenses
   5B.     Environmental audit
   5C.     Finfish farming
   6.      Responsibility for pollution
   7.      Act binds Crown
   8.      Objectives to be furthered
   9.      Interaction with other Acts
   10.     Civil remedies not affected
   11.     Amendment of Schedule 2

   PART 2 - Administration Division 1 - Administrative bodies

   12.     Establishment of Environment Protection Authority
   13.     Board of Environment Protection Authority
   13A.    Membership of Board
   14.     Functions and powers of Board
   15.     Ministerial statement of expectation
   15A.    Contents of ministerial statement of expectation
   15B.    Statement of intent
   15C.    Conduct to be consistent with ministerial statement of expectation
           and statement of intent
   16.     Delegation
   17.     Committees
   18.     Director, Environment Protection Authority
   19.     Staff
   20.     Authorized officers
   20A.    Duty of council to prevent or control pollution
   20B.    Council may ask Board to exercise powers
   21.     Council officers
   21A.    Annual report

           Division 2 - Access to information

   22.     Registers of environmental management and enforcement instruments
   23.     Trade secrets

   PART 2A - Environmental duties

   23A.    General environmental duty

   PART 3 - Environmental Management Division 1 - Assessment of
   environmental impacts

   24.     Assessment of permissible level 1 activities
   25.     Assessment of permissible level 2 activities
   25A.    Assessment of applications for permits that are combined with
           applications for planning scheme amendments
   26.     Assessment of level 3 activities
   27.     Assessment of activities which do not require a permit
   27AA.   Assessment of EL activities where no planning permit required or
           where Director refers proposal for variation to Board
   27AB.   Section 27AB
   27AC.   Directions in relation to permits in respect of EL activities
   27AD.   Minor variations of planning permit in relation to EL activities

           Division 1A - Assessment of activities

   27A.    Classes of assessment
   27B.    Notice of intent
   27C.    Board to advise of proposed class of assessment
   27D.    Periods for provision of guidance under section 74(4)
   27E.    Board may require further information
   27F.    Case for assessment to be lodged within 12 months
   27FA.   Acceptance by Board of case for assessment
   27G.    Periods for advertising of applications and proposals
   27H.    Period for completion of assessment
   27I.    Additional information
   27J.    Extension of periods
   27K.    Calculation of number of days

           Division 2 - Environmental agreements

   28.     Environmental agreements
   29.     Effect of environmental agreements

           Division 3 - Environmental audits

   30.     Mandatory environmental audits
   31.     Protection for information produced in voluntary environmental audits

           Division 4 - Notification obligations

   32.     Notification of incidents
   33.     Section 33

           Division 5 - Emergency authorizations

   34.     Emergency authorizations

           Division 6 - Financial assurances

   35.     Financial assurance to secure compliance with Act
   36.     Claim on financial assurance

           Division 7 - Environmental improvement programmes

   37.     Environmental improvement programme
   38.     Content of environmental improvement programme
   39.     When environmental improvement programme required
   40.     Approval of environmental improvement programmes
   41.     Appeals against environmental improvement programmes
   41A.    Minor amendment of environmental improvement programmes
   42.     Contravention of requirements contained in environmental improvement
           programmes
   42A.    Completion of environmental improvement programmes

           Division 8 - Environmental licences Subdivision 1 - Interpretation
           and offences

   42B.    Interpretation of Division 8
   42C.    Offences relating to licences
           Subdivision 2 - Licences in relation to existing lawful activities
   42D.    Persons to whom licences for existing lawful activities may be
           granted
   42E.    Grant of licences in relation to existing lawful activities
   42F.    Conditions of licences in relation to existing lawful activities
   42G.    Effect of decision to grant licence in relation to existing
           authorisations
   42H.    Notification that existing authorisation is void or condition
           inconsistent
           Subdivision 3 - Licences where no existing authority
   42I.    Applications for environmental licences
   42J.    Grant of licence by Director
   42K.    Grant of licence by Board
   42L.    Refusal by Director or Board to grant licence
   42M.    Notifications of grant or refusal of licences or refusal to accept
           application for licences
           Subdivision 4 - Variation of licences
   42N.    Variation of licence by Director at holder's request
   42O.    Referral to Board of certain applications for variation
   42P.    Variation of licence on Director's initiative
   42Q.    Variation by Board of licence
   42R.    Notice of decision by Board in relation to variation
           Subdivision 5 - Renewal of licences
   42S.    Applications for renewal of licences
   42T.    Renewal of licences on application
   42U.    Renewal of licence on Director's own initiative
           Subdivision 6 - Transfer of licences
   42V.    Transfer of licence only authorised if approved
   42W.    Transfer of licences
   42X.    Refusal to transfer licence
   42Y.    Director may require condition to be satisfied before transfer
           Subdivision 7 - General provisions
   42Z.    Conditions and restrictions of licences
   42ZA.   Director may require information to be provided
   42ZB.   Issue of licence document in relation to licence granted, varied,
           transferred or renewed
   42ZC.   When licences take and cease to have effect
   42ZD.   Deferral of certain decisions pending outcome of proceedings
   42ZE.   Notices of certain decisions to be given
           Subdivision 8 - Surrender, suspension and cancellation of licences
   42ZF.   Suspension, or cancellation, of licences
   42ZG.   Notice to be given before suspension or cancellation
   42ZH.   Surrender of licence
           Subdivision 9 - Appeals in relation to licences
   42ZI.   Right of appeal
   42ZJ.   Appeals by persons who have made representations
   42ZK.   Effect of notice of appeal
   42ZL.   Power of Appeal Tribunal in relation to certain appeals

   PART 4 - Enforcement Provisions Division 1 - Information to be
   supplied

   43.     Power to require information
   43A.    False or misleading statements

           Division 2 - Environment protection notices

   43B.    Interpretation of Division
   44.     Environment protection notices
   44A.    Correction of mistakes
   45.     Duties arising under environment protection notice
   45A.    Transfer of environment protection notice
   46.     Registration of environment protection notices
   47.     Action on non-compliance with environment protection notice

           Division 3 - Civil enforcement

   48.     Civil enforcement proceedings
   48A.    Minister may revoke order of Appeal Tribunal
   49.     Section 49

           Division 4 - General offences

   50.     Offences of causing serious environmental harm
   51.     Offences of causing material environmental harm
   51A.    Offence to deposit pollutant where environmental harm may be caused
   51B.    Offence of contravening permit conditions
   51C.    Offence to conduct certain level 2 activities other than under
           permit or EPN
   52.     Treatment of offences
   53.     Offence of causing environmental nuisance
   53A.    Evidentiary provision for environmental nuisance
   54.     Continuing offences
   55.     General criminal defence
   55A.    General environmental duty defence
   56.     Notice of defences
   57.     Proof of intention, &c., for offences
   58.     Imputation in proceedings of conduct or state of mind of officer,
           employee, &c.
   59.     Statement of officer evidence against body corporate
   60.     Liability of officers of body corporate
   61.     Reports in respect of alleged contraventions
   62.     Commencement of proceedings for offences
   63.     Orders by court against offenders
   64.     Recovery of technical costs associated with prosecutions
   65.     Recovery of other costs associated with prosecutions
   66.     Recovery from related bodies corporate

           Division 5 - Environmental infringement notices

   67.     Environmental infringement notices
   68.     Section 68
   69.     Section 69
   70.     Section 70
   71.     Payments in respect of environmental infringement notices
   72.     Prescribed offences and penalties for Division 5

   PART 5 - Environmental Impact Assessments

   73.     Requirement for environmental impact assessment
   74.     Environmental Impact Assessment Principles

   PART 5A - Contaminated Sites Division 1 - Preliminary

   74A.    Interpretation of Part 5A

           Division 2 - Action on becoming aware of contaminated site

   74B.    Action by owner or occupier on becoming aware of contaminated site

           Division 3 - Investigation, remediation and site management notices

   74C.    Types of notices
   74D.    Content of notices generally
   74E.    Investigation notice
   74F.    Remediation notice
   74G.    Site management notice
   74H.    Copies of notice to be served
   74I.    Registration of notice
   74J.    Amendment of notice
   74K.    Revocation of notice and issue of completion certificate
   74L.    Caveatable interest
   74M.    Effect of section 40 of Land Titles Act 1980
   74N.    Costs
   74O.    Appeals

           Division 4 - Compliance with notice

   74P.    Duty to comply with notice
   74Q.    Duty to notify if contaminated site sold
   74R.    Entry of person on land to comply with notice

           Division 5 - Action by Director if failure to comply with notice
           or in other circumstances

   74S.    Action on non-compliance with notice
   74T.    Action if person to be served cannot be found
   74U.    Recovery of cost of action under section 74S or 74T as debt
           due
   74V.    Cost of action under section 74S or 74T may be charge on land
   74W.    Recovery of costs by certain persons from polluter
   74X.    Sale or transfer of land if owner cannot be found

           Division 6 - Miscellaneous

   74Y.    Responsibility of related body corporate

   PART 6 -
   .  .  .  .  .  .  .  .  

           Division 1 -
           .  .  .  .  .  .  .  .  

   75.     Section 75

           Division 2 -
           .  .  .  .  .  .  .  .  

   76.     Section 76
   77.     Section 77
   78.     Section 78
   79.     Section 79
   80.     Section 80
   80A.    Section 80A
   81.     Section 81
   81A.    Section 81A
   81B.    Section 81B

           Division 3 -
           .  .  .  .  .  .  .  .  

   82.     Section 82
   83.     Section 83
   84.     Section 84
   85.     Section 85
   86.     Section 86
   87.     Section 87
   88.     Section 88
   89.     Section 89
   90.     Section 90
   91.     Section 91

           Division 4 -
           .  .  .  .  .  .  .  .  

   91A.    Section 91A
   91B.    Section 91B
   91C.    Section 91C

   PART 7 - Miscellaneous and Supplemental Division 1 - Powers of
   authorized officers and council officers

   92.     Powers of authorized officers and council officers
   92A.    Failure to provide name or address
   92B.    Power of arrest
   93.     Issue of warrants
   94.     Provisions relating to seizure
   95.     Offence to hinder, &c., authorized officers and council officers
   95A.    Self-incrimination
   96.     Offences by authorized officers, &c.

           Division 1A - Environment protection policies Subdivision 1 -
           Environment Protection Policy Review Panel

   96A.    Environment Protection Policy Review Panel
   96B.    Functions and powers of Panel
           Subdivision 2 - Contents and effect of environment protection policy
   96C.    Reason for, and scope of, environment protection policy
   96D.    Contents of environment protection policy
   96E.    Interpretation of environment protection policy
   96F.    Application of certain Acts
           Subdivision 3 - Making of environment protection policy
   96G.    Notice of proposal to prepare draft environment protection policy
   96H.    Preparation of draft environment protection policy
   96I.    Notice of draft environment protection policy
   96J.    Assessment of draft environment protection policy
   96K.    Making of environment protection policy
   96L.    Interim environment protection policy
   96M.    Amendment of environment protection policy
   96N.    Review of environment protection policy
   96O.    Section 96O

           Division 2 - Miscellaneous provisions

   97.     Environment Protection Fund
   98.     Penalties
   98AA.   Liability for payment of fees
   98A.    Recovery of unpaid fees
   99.     Grants for environmental improvement purposes
   100.    Analysts
   100A.   Section 100A
   101.    Protection from personal liability
   102.    Regulations
   103.    Fees imposed by councils
   104.    Provisions relating to commencement
   105.    Repeal of Environment Protection Act 1973 , &c.
   106.    Section 106
   107.    Transitional provisions
   107A.   Transitional and savings provisions consequent on Environmental
           Management and Pollution Control Amendment (Environment Protection
           Authority) Act 2007
   107B.   Transitional and savings provisions consequent on Building and
           Construction (Regulatory Reform Amendments) Act (No. 2) 2020
   107C.   Transitional provision consequent on Waste and Resource Recovery Act
           2022
   108.    Review of Act
   109.    Administration of Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 5a
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8

[ Note: This table has been automatically generated and may be incomplete. ]



[Index] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]