AustLII Tasmanian Consolidated Acts

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ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 96U

Effect of environmental standards

(1)  If the environmental standards indicate that a provision included, in accordance with section 96O(4)(a) , in the environmental standards is a provision to which the Board must have regard in determining whether to –
(a) grant or vary an environmental licence; or
(b) direct a planning authority, or the Commission, to refuse to grant a permit –
the Board, in making such a determination, must have regard to the provision and any related provision of the environmental standards.
(2)  If the environmental standards indicate that a provision included, in accordance with section 96O(4)(a) , in the environmental standards is a provision to which the Director must have regard in determining whether to –
(a) grant or vary an environmental licence; or
(b) issue or vary a notice under Part 5A or an environment protection notice under section 44  –
the Director, in making such a determination, must have regard to the provision and any related provision of the environmental standards.
(3)  If the environmental standards indicate that a provision included, in accordance with section 96O(4)(b) , in the environmental standards is a provision to which the Board and the Director must have regard in conducting an assessment, or making a decision, under this Act or another Act, the Board, or the Director, respectively, must have regard to –
(a) the provision; and
(b) any related provision of the environmental standards –
in conducting such an assessment, or making such a decision, under this Act or another Act.
(4)  If a provision of environmental standards is, in accordance with section 96O(4)(c) , an environmental standards offence provision, a person to whom the provision applies who contravenes the provision commits an offence.
Penalty:  In the case of –
(a) a body corporate, a fine not exceeding 1 000 penalty units; or
(b) an individual, a fine not exceeding 500 penalty units or imprisonment for a term not exceeding 12 months, or both.
(5)  If a provision of environmental standards is, in accordance with section 96O(4)(d) , an environmental standards condition, the environmental standards condition may be imposed as a condition or restriction on a permit, an environmental licence, a notice under Part 5A or an environment protection notice.
(6)  If –
(a) a condition or restriction is imposed on a permit, an environmental licence, a notice under Part 5A or an environment protection notice; and
(b) the condition or restriction was, when it was imposed, an environmental standards condition –
the condition or restriction imposed on the permit, environmental licence, notice under Part 5A or environment protection notice is taken to be revoked if the provision of the environmental standards containing the environmental standards condition is revoked.
(7)  If a provision of environmental standards is a provision referred to in section 96O(5) , the Board or the Director, as the case may be, to whom the provision applies must comply with the requirements of the provision.



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