(1)  In this Act, unless the contrary intention appears –

Agency has the same meaning as in the State Service Act 2000 ;

air includes any layer of the atmosphere;

Appeal Tribunal means the Tasmanian Civil and Administrative Tribunal;

article includes a system;

Authority means the Environment Protection Authority established under section 12 ;

authorized officer means an authorized officer under section 20 ;

best practice environmental management , in relation to an activity, means the management described in section 4 ;

Board means the Board of the Environment Protection Authority established under section 13 ;

business includes a business not carried on for profit or gain or any activity undertaken by government or a public authority;

clean fill type 1 means a mixture –

(a) containing natural materials, such as soil, rock, crushed rock, gravel, clay or sand, that are in a raw, unaltered form and that have been excavated from an area of land; and

(b) that does not contain –

(i) an amount, of a pollutant, or pollutants, that is above a level, of the pollutant or pollutants, declared under subsection (3)(a) ; and

(ii) a proportion, of a substance, or substances, that are not within paragraph (a) , that is greater than the proportion of the substance, or substances, declared under subsection (3)(b) ; and

(iii) pieces of material that are of dimensions greater than the dimensions declared under subsection (3)(c) ;

clean fill type 2 means a mixture –

(a) containing any one or more of the following:

(i) bricks, masonry or paving blocks;

(ii) concrete or mortar;

(iii) bituminised or rubble pavement; and

(b) that does not contain –

(i) an amount, of a pollutant, or pollutants, that is above a level, of the pollutant, or pollutants, declared under subsection (3)(a) ; and

(ii) a proportion, of a substance, or substances, that are not within paragraph (a) , that is greater than the proportion of the substance, or substances, declared under subsection (3)(b) ; and

(iii) pieces of material that are of dimensions greater than the dimensions declared under subsection (3)(c) ;

coastal waters of the State means any part of the sea that is from time to time included in the coastal waters of the State by virtue of the Coastal Waters (State Powers) Act 1980 of the Commonwealth;

Commissioner means the Commissioner of Police appointed under the Police Service Act 2003 ;

condition includes a limitation;

contaminated site has the meaning given by section 74A ;

contravene includes fail to comply with;

controlled waste means –

(a) a substance that is controlled waste within the meaning of –

(i) the National Environment Protection Measure entitled the Movement of Controlled Waste Between States and Territories made by the National Environment Protection Council on 26 June 1998, as amended from time to time; or

(ii) any National Environment Protection Measure substituted for the Measure referred to in paragraph (a) , as amended from time to time; and

(b) a substance that is prescribed by the regulations to be controlled waste;

council has the same meaning as in the Local Government Act 1993 ;

council officer means an employee of a council appointed under section 21 ;

Director means the Director, Environment Protection Authority appointed under section 18 ;

director , in relation to a body corporate, includes –

(a) a person occupying or acting in the position of a director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorized to act in the position; and

(b) any person in accordance with whose directions or instructions the directors or members of the governing body are accustomed to act;

EL activity means an activity that is a level 2 activity by virtue of paragraph (h) of clause 4 of Schedule 2 and any development for the purposes of enabling such an activity to be carried out;

emergency authorization means an authorization referred to in section 34 ;

environment means components of the earth, including –

(a) land, air and water; and

(b) any organic matter and inorganic matter and any living organism; and

(c) human-made or modified structures and areas –

and includes interacting natural ecosystems that include components referred to in paragraph (a) or (b) ;

environment protection notice means an environment protection notice issued under Division 2 of Part 4 ;

environment protection policy means an environment protection policy made and in force under Division 1A of Part 7 ;

environmental agreement means an environmental agreement entered into under section 28 ;

environmental audit has the meaning given by section 5B ;

environmental harm means environmental harm as described in section 5 ;

Environmental Impact Assessment Principles means the principles set out in section 74 ;

environmental improvement programme means a programme referred to in section 37 ;

environmental infringement notice means a notice referred to in section 67 ;

environmental licence means an environmental licence granted under Division 8 of Part 3 ;

environmental nuisance means –

(a) the emission, discharge, depositing or disturbance of a pollutant that unreasonably interferes with, or is likely to unreasonably interfere with, a person's enjoyment of the environment; and

(b) any emission, discharge, depositing or disturbance specified in an environment protection policy to be an environmental nuisance;

environmental standards means environmental standards, as amended from time to time, that are made under section 96Q(1) and that are in effect;

environmental standards condition means a provision, of any environmental standards, that is a provision of the kind referred to in section 96O(4)(d) ;

environmental standards offence provision means a provision, of any environmental standards, that is a provision of the kind referred to in section 96O(4)(c) ;

environmentally relevant activity means an existing or proposed activity which may cause environmental harm, and includes a level 1, level 2 or level 3 activity and an environmental nuisance;

financial assurance means a financial assurance referred to in section 35 ;

finfish means fish of the class Osteichthyes, other than fish of the order Anguilliformes;

finfish farming  – see section 5C ;

fish farm has the same meaning as in the Inland Fisheries Act 1995 ;

fish farm licence means a fish farm licence that is in force under the Inland Fisheries Act 1995 ;

Fund means the Environment Protection Fund established under section 97 ;

general environmental duty means the duty of care described in section 23A(1) ;

general manager means the general manager of a council;

inland fish farming means an activity, in relation to finfish farming, that is an activity –

(a) that comprises fish farming, within the meaning of the Inland Fisheries Act 1995 ; or

(b) to which section 64(1)(c) of the Living Marine Resources Management Act 1995 relates;

investigation notice has the meaning given by section 74A ;

level 1 activity means an activity which may cause environmental harm and in respect of which a permit under the Land Use Planning and Approvals Act 1993 is required but does not include a level 2 activity or a level 3 activity;

level 2 activity means an activity specified in Schedule 2 and any development for the purposes of enabling such an activity to be carried out;

level 3 activity means an activity which is a project of State significance under the State Policies and Projects Act 1993 and any development for the purposes of enabling such an activity to be carried out;

marine farming has the same meaning as in the Living Marine Resources Management Act 1995 ;

marine farming licence means a marine farming licence that is in force under the Living Marine Resources Management Act 1995 ;

noise includes vibration;

occupier, in relation to –

(a) a place in respect of which different parts are occupied by different persons, means the respective persons occupying each part and includes a licensee and the holder of any right at law to use or carry on operations at that place but does not include a mortgagee who has not assumed active management of that place; and

(b) any other place, includes a licensee and the holder of any right at law to use or carry on operations at that place but does not include a mortgagee who has not assumed active management of that place;

officer , in relation to a body corporate, means –

(a) a director of the body corporate; or

(b) the chief executive officer of the body corporate; or

(c) a receiver or manager of any property of the body corporate or a liquidator of the body corporate –

and includes, in relation to a contravention or alleged contravention of this Act by the body corporate, an employee of the body corporate with responsibilities in respect of the matters to which the contravention or alleged contravention relates;

owner means any one or more of the following:

(a) in the case of a fee simple estate in land, the person in whom that estate is vested;

(b) in the case of land not registered under the Land Titles Act 1980 and subject to a mortgage, the person having, for the time being, the equity of redemption in that mortgage;

(c) in the case of land held under a tenancy for life, the person who is the life tenant;

(d) in the case of land held under a lease for a term of not less than 99 years or for a term of not less than such other prescribed period, the person who is the lessee of the land;

(e) in the case of land in respect of which a person has a prescribed interest, that person;

(f) if the land is unalienated from the Crown, the Crown;

Panel means the Environment Protection Policy Review Panel established by section 96A(1) ;

person includes any body of persons, corporate or unincorporate;

person in charge , in relation to a vehicle, does not include a lessor, mortgagee or financial institution that has not assumed active use of that vehicle;

place includes residential premises as defined in section 53(6) ;

pollutant includes –

(a) a gas, liquid or solid; or

(b) an odour; or

(c) an organism (whether alive or dead), including a virus; or

(d) energy, including noise, radioactivity and electromagnetic radiation; or

(e) a combination of pollutants –

that may cause environmental harm;

pollute means –

(a) discharge, emit, deposit or disturb pollutants; or

(b) cause or fail to prevent the discharge, emission, depositing, disturbance or escape of pollutants;

public authority means –

(a) any council; or

(b) any body corporate established under an enactment having jurisdiction limited to a district, locality or part of the State; or

(c) any body corporate established under an enactment or in the exercise or prerogative rights of the Crown to administer or control any department, business, undertaking or public institution on behalf of the State;

reasonable costs and expenses means any reasonable costs and expenses assessed in accordance with section 5A ;

regulations means regulations made and in force under this Act;

related body corporate has the same meaning as in the Corporations Act;

remediation notice has the meaning given by section 74A ;

repealed Act means the Environment Protection Act 1973 ;

sell includes –

(a) offer or display for sale; and

(b) keep or have in possession for sale; and

(c) barter or exchange; and

(d) agree to sell; and

(e) send, forward or deliver for sale; and

(f) supply on a gratuitous basis for commercial promotional purposes; and

(g) authorize, direct, permit, cause or attempt any act referred to in paragraph (a) , (b) , (c) , (d) , (e) or (f) ;

site management notice has the meaning given by section 74A ;

State Policy has the same meaning as in the State Policies and Projects Act 1993 ;

State waters means –

(a) the waters of the territorial sea adjacent to the State that are within 3 nautical miles of the seaward side of the baseline of the territorial sea, by reference to which the territorial limits of Australia are defined for the purposes of international law; and

(b) the sea on the landward side of that baseline of the territorial sea adjacent to the State that is not within the limits of the State; and

(c) waters within the limits of the State;

technical standard means a technical standard, as amended from time to time, that is made under section 96Y(1) and that is in effect;

threatened species means a taxon of flora or fauna listed in Schedule 3 , 4 or 5 to the Threatened Species Protection Act 1995 ;

vehicle includes any vessel or aircraft;

waste means any –

(a) discarded, rejected, unwanted, surplus or abandoned matter, whether of any value or not; or

(b) discarded, rejected, unwanted, surplus or abandoned matter, whether of any value or not, intended –

(i) for recycling, reprocessing, recovery, reuse or purification by a separate operation from that which produced the matter; or

(ii) for sale;

water includes water underground but does not include water in any tank, pipe or cistern in use or destined for use;

waters within the limits of the State means all tidal waters adjacent to the State other than waters in respect of which a permit may be required under sections 10A, 10B, 10C or 10D of the Environment Protection (Sea Dumping) Act 1981 of the Commonwealth.

(2)  Words and expressions used both in this Act and in the Land Use Planning and Approvals Act 1993 have in this Act, unless the contrary intention appears, the same respective meanings as they have in that Act.

(3)  The Director may declare –

(a) a level of a pollutant, or pollutants, for the purposes of paragraph (b)(i) of the definition of  clean fill type 1 in subsection (1) or paragraph (b)(i) of the definition of  clean fill type 2 in subsection (1) , or both; and

(b) a proportion, of a substance, or substances, for the purposes of paragraph (b)(ii) of the definition of  clean fill type 1 in subsection (1) or paragraph (b)(ii) of the definition of  clean fill type 2 in subsection (1) , or both; and

(c) the dimensions of pieces of material for the purposes of paragraph (b)(iii) of the definition of  clean fill type 1 in subsection (1) or paragraph (b)(iii) of the definition of  clean fill type 2 in subsection (1) , or both.

(4)  The Director is to ensure that a copy of a declaration under subsection (3) that is in force is published on a website of the Department.