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ENVIRONMENTAL PROTECTION ACT 1986
TABLE OF PROVISIONS
Long Title
PART I -- Preliminary
1. Short title
2. Commencement
3. Terms used
3A. Terms used relating to pollution and environmental harm
4. Crown bound
4A. Object and principles of Act
5. Inconsistent laws
6. Power of Minister or Authority to exempt
PART II -- Environmental Protection Authority
Division 1 -- Composition, procedure, etc. of Environmental Protection Authority
7. Continuation and composition of Environmental Protection Authority
7A. Authority member unable to act
8. Independence of Authority and Chair
9. Remuneration and allowances of Authority members
10. Business of Authority
11. Meetings of Authority
12. Disclosure of interests by Authority members
13. Decisions of persons presiding at meetings of Authority
14. Minutes to be kept of meetings of Authority
14A. Decision without meeting
15. Objectives of Authority
16. Functions of Authority
17. Powers of Authority
17A. Provision of services, information etc. to Authority
18. Delegation by Minister
19. Delegation by Authority
20. Delegation by CEO
21. Authority to make annual report
Division 1A -- Ministerial statement of expectation
21A. Terms used
21B. Minister to issue ministerial statement of expectation
21C. Review and reissue of expectation statement
21D. Expectation statement to be laid before Parliament
21E. Expectation statement to be published
Division 2 -- Staff of Department, etc.
22. Appointment and engagement of staff generally
24. Use of staff and facilities of other departments etc.
25. Advisory groups, committees, councils and panels
PART III -- Environmental protection policies
26. Draft policy, preparation and publicising of
27. Persons may make representations to Authority on draft policy
28. Consideration, revision and submission to Minister of draft policy by Authority
29. Public inquiry into draft policy
30. Minister to consult on draft policy
31. Minister to remit draft policy, or approve it (with or without amendments) or refuse to approve it
32. Reconsidering and resubmitting remitted draft policy
33. Approved policies, status and revocation of
34. Orders made under s. 31(d), Parliamentary oversight of
35. Content of approved policies
36. Review of approved policies
37. Minor changes to approved policies
37A. NEPM may be declared to be approved policy
PART IV -- Environmental impact assessment
Division 1 -- Referral and assessment of proposals
37B. Terms used
38. Referral of proposals
38A. Calling in a proposal
38B. Requirements as to referrals
38C. Proponent may amend a referred proposal
38D. Proponent may give notice that a referred proposal will not proceed
38E. Proposals derived from assessed strategic proposals
38F. Request for further information
38G. Authority must decide whether to assess a referred proposal
38H. Nomination of person responsible for proposal
38I. Change of person responsible for proposal
39. Authority to keep records of referred proposals
40. Assessing referred proposals
40AA. Assessment of significant amendments
40A. Termination of assessment
40B. Application of assessment provisions to strategic proposals and strategic assessments
41. Restrictions on decisions by decision-making authorities
41A. Proposal not to be implemented before action under s. 45 taken
42. Conduct of public inquiries under s. 40(2)(c)
43. Minister may direct Authority as to assessing proposal
43A. Amendments to proposals during assessment
44. Report by Authority on assessment of proposal
Division 2 -- Implementation of proposals
44A. Terms used
45. Procedure for deciding if assessed proposal may be implemented
45A. Implementation conditions
45B. Implementation of derived proposal
45C. Amending approved proposals or implementation conditions without inquiry or assessment
45D. Division or consolidation of proposals and issue of separate or combined Ministerial statements
46. Amending implementation conditions after inquiry
46A. Interim conditions and procedures
47. Duties of proponents after service of Ministerial statement
47A. Duration and withdrawal of Ministerial statement
48. Control of implementation of proposals
Division 2A -- Supplementary provisions relating to proposals
48AA. Fees and charges for referral and assessment of proposals
48AB. Reporting on matters relating to proposals
Division 3 -- Assessment of schemes
48AAA. Certain schemes not required to be assessed
48A. Authority to decide whether or not schemes to be assessed
48B. Authority to keep public records of schemes referred to it
48C. Authority’s powers for assessing referred schemes
48D. Authority to report to Minister on schemes
48E. Minister may direct Authority to assess etc. referred schemes
Division 4 -- Implementation of schemes
48EA. Terms used
48F. Procedure for agreeing or deciding on conditions to which schemes are to be subject
48G. Review of conditions in statements published under section 48F
48H. Control of implementation of assessed schemes
48I. Which proposals under assessed schemes to be referred to Authority
48J. Disputes between Minister and responsible Ministers, Governor to decide
PART V -- Environmental regulation
Division 1 -- Pollution and environmental harm offences
49. Causing pollution and unreasonable emissions
49A. Dumping waste
50. Discharging waste in circumstances likely to cause pollution
50A. Causing serious environmental harm
50B. Causing material environmental harm
50C. Court may find accused guilty of alternative offences if charged with causing serious environmental harm
50D. Regulations may require authorisation for conduct that might cause pollution or environmental harm
51. Occupiers of premises, duties as to emissions
Division 2 -- Clearing of native vegetation
51A. Terms used
51B. Declaration of environmentally sensitive areas by regulation
51C. Unauthorised clearing of native vegetation
51D. Section 51C(a) does not apply to certain land
51DA. Referral of proposed clearing to CEO for decision on whether a clearing permit should be obtained
51E. How applications for clearing permits are made and dealt with
51F. Decisions about clearing related to proposals
51G. Duration of clearing permits
51H. Clearing permit conditions
51I. Some kinds of conditions
51J. Contravening clearing permit conditions
51K. Amending clearing permit
51KA. Application to amend clearing permit
51KB. Amendments to clearing permits related to proposals
51L. Revoking or suspending clearing permit
51M. Procedure for CEO when amending, revoking or suspending clearing permit
51MA. Surrendering clearing permit
51N. Continuation of area permit on change of ownership
51O. Principles and instruments to be considered when making decisions as to clearing permits
51P. Relationship between clearing permits and approved policies
51Q. CEO to keep a record of clearing permits and related matters
51R. Evidentiary matters
51S. Clearing injunctions
51T. Other laws as to clearing vegetation not affected by this Division
Division 3 -- Prescribed premises, works approvals and licences
52. Changing premises to become prescribed premises requires approval
53. Prescribed premises, restrictions as to changes to etc.
54. Works approvals, applying for, granting, refusing etc.
55. Contravening conditions of works approvals
56. Occupiers of prescribed premises to be licensed for emissions etc.
57. Licences, applying for, granting, refusing etc.
58. Contravening licence conditions
59. Amending works approval or licence
59A. Revoking or suspending works approval or licence
59B. Procedure for amending, revoking or suspending works approval or licence
60. Relationship between works approvals or licences and approved policies
61. Duty of persons becoming occupiers of prescribed premises
62. Works approval and licence conditions
62A. Some kinds of conditions
63. Duration of works approvals and licences
63A. CEO to keep and publish record of works approvals and licences
64. Transfer of works approvals and licences
Division 4 -- Notices, orders and directions
64A. CEO to keep records of notices
65. Environmental protection notices, issue and effect of
66. Environmental protection notices, registration of etc. on land titles
67. Duties of person ceasing to be owner etc. of land subject to notice registered under s.
68. Restriction on subdividing etc. land subject to notice registered under s.
68A. Closure notices, issue and effect of
69. Stop orders, issue and effect of
70. Vegetation conservation notices, issue and effect of
71. Environmental protection directions, issue and effect of
72. Duty to notify CEO of discharges of waste
73. Powers to deal with etc. discharges of waste, pollution and environmental harm
73A. Prevention notices, issue and effect of
73B. Breach of notice issued under s. 65, 70 or 73A, damages for
Division 5 -- Miscellaneous
74. Defences to certain offences
74A. Defences to offences of causing pollution etc.: authority of this Act
74B. Other defences to environmental harm offences
75. Discharges or emissions in emergencies
76. Miscellaneous offences
77. Vehicles and vessels, duties of owners etc. of
78. Interfering with anti-pollution devices on vehicles or vessels
79. Unreasonable noise emissions from premises
80. Installing equipment emitting unreasonable noise
81. Noise abatement, powers for
81A. Seizing noisy equipment
82. Ancillary powers for s. 81 and 81A
83. Duty to give assistance and information to officials
84. Excessive noise emissions from vehicles or vessels
85. Excessive noise emissions from equipment
86. Manufacture, sale etc. of products emitting excessive noise
PART VA -- Financial assurances
86A. Terms used
86B. Financial assurance requirements, imposition and effect of
86C. Minister’s consent needed to impose etc. financial assurance requirement
86D. Amount of financial assurance
86E. Claim on or realising of financial assurance
86F. Lapsing of financial assurance requirement
86G. Use of financial assurance not to affect other action
PART VI -- Enforcement
87. Authorised persons, appointment of
88. Inspectors, appointment and purposes of
89. Entry powers of inspectors
89A. Use of assistance and force
90. Powers of inspectors to obtain information
91. Entry powers of inspectors for s.
91A. Stopping etc. vehicles and vessels, powers of inspectors and authorised persons as to
92. Inspectors may require details of certain occupiers and others
92A. Seizing evidence etc.
92B. Dealing with seized things
92C. Returning seized things
92D. Forfeiture of abandoned property
92E. Person not to interfere with seized things
92G. Inspector to try to minimise damage
92H. Compensation for loss etc. due to enforcement action
93. Obstructing etc. inspectors or authorised persons
94. Analysts, appointment of
95. CEO may require information about industrial processes etc.
96. CEO may require information about vehicles or vessels
97. CEO may require vehicles, vessels and equipment to be made available for testing
98. Police officers’ powers for inspecting etc. vehicles and vessels
99. Police officers may stop audible alarms
PART VIA -- Legal proceedings and penalties
Division 1 -- Prescribed offences and modified penalties
99AA. Term used: prescribed offence
99A. Modified penalty notice, issue of
99B. Content of modified penalty notice
99C. Extending time to pay modified penalty
99D. Withdrawing modified penalty notice
99E. Consequence of paying modified penalty
99F. Register of modified penalty notices etc.
99G. Application of penalties collected
Division 2 -- Infringement notice offences
99H. Terms used
99I. Designated persons for s. 99K, 99M or 99N, appointment of
99J. Infringement notice, issue of
99K. Content of infringement notice
99L. Some prior convictions and payments of modified penalties to be disregarded for s. 99K(3)
99M. Extending time to pay modified penalty
99N. Withdrawing infringement notice
99O. Consequence of paying modified penalty
99P. Application of penalties collected
Division 3 -- Penalties
99Q. Penalties
99R. Daily penalty
99S. Attempt and accessory after the fact
Division 4 -- Additional powers available to the court
99T. Term used: convicted
99U. Orders generally
99V. Orders for forfeiture
99W. Disposal of forfeited things
99X. Orders for prevention, restoration etc.
99Y. Orders for costs, expenses and compensation
99Z. Orders regarding monetary benefits
99ZA. Orders requiring public notice to be given etc.
99ZB. Enforcing orders to pay moneys
PART VII -- Appeals
100. Appeals against Authority’s decisions etc. as to proposals and schemes
101. Minister’s powers on appeals under s.
101A. Appeals against decisions as to clearing permits
102. Appeals against decisions as to works approvals and licences
103. Appeals against decisions as to notices issued under s. 65, 68A, 70 or 73A
104. Appeals against CEO’s requirements under s. 96 or
105. Matters that cannot be appealed
106. Preliminary procedure on appeals
107. Minister’s powers on appeal
107A. Appeals Convenor, appointment of
107B. Functions of Appeals Convenor
107C. Appeals panel, appointment of
107D. Administrative procedures for appeals
108. Appeals committees, composition and remuneration of
109. Procedure of appeals committees
110. Minister’s decisions on appeals, implementation and publication of
PART VIIA -- Landfill levy
Division 1 -- Collection of levy imposed under Environmental Protection (Landfill) Levy Act 1998
110A. Terms used
110B. Payment of levy
110C. Financial assurance
110D. Payment by instalments
110E. Penalty for non-payment
110F. Recovery of levy
110G. Evading levy
Division 2 -- Waste Management and Recycling Account
110H. Waste Management and Recycling Account
110I. Application of Financial Management Act 2006 and Auditor General Act 2006
110J. Review of Part VIIA
PART VIII -- General
111. Saving of rights at law to prevent etc. pollution etc.
111A. Victimisation of informants etc.
112. False information
112A. Self-incrimination
114. Prosecutions, who may institute
114A. Prosecutions, limitation periods for
115. Investigation expenses
116. Disputes between Authority and other public authority
116A. Proof not required of certain matters
116B. Proof of remotely sensed images
117. Proof of documents
118. Establishing state of mind of body corporate
118A. Liability of officers for offence by body corporate
119. Averment of occupation or control
120. Disclosing certain information restricted
121A. Authority to perform certain functions in relation to Crown land for purposes of this Act
121. Protection from personal liability
122. Administrative procedures, Authority may establish
122A. Codes of practice
122B. Forms and other matters relating to documentation
123. Regulations
124. Review of Act
PART VIIIA -- Bilateral agreements with the Commonwealth
124A. Terms used
124B. Effect of Part
124C. Additional function of Authority
124D. Application for a matter to be dealt with as a bilateral matter
124E. Performance of functions in respect of bilateral matters
124F. Fees in relation to bilateral matters
124G. Disclosure of information for the purposes of bilateral agreements
124H. Regulations
PART IX -- Transitional
Division 1 -- Transitional provisions for Environmental Protection Act 1986
125. Interpretation Act 1984 not affected
126. Transitional provisions for Environmental Protection Act 1971
127. Transitional provisions not related to Environmental Protection Act 1971
128. General saving
Division 2 -- Transitional provisions for Approvals and Related Reforms (No. 1) (Environment) Act 2010 Part
129. Term used: amending Act
130. Appeals in respect of proposals
131. Appeals in respect of clearing permits
132. Appeals in respect of works approvals and licences
Division 3 -- Transitional provisions for Approvals and Related Reforms (No. 1) (Environment) Act 2010 Part
133. Minor or preliminary work that has Authority’s consent
Division 4 -- Transitional provisions for Environmental Protection Amendment Act 2020
Subdivision 1 -- General provision
133A. Term used: amending Act
Subdivision 2 -- Transitional provisions relating to clearing matters
133B. Declaration of environmentally sensitive areas
133C. Clearing permit applications
133D. Clearing injunctions
Subdivision 3 -- Transitional provisions relating to works approvals and licences
133E. Terms used
133F. Works approvals
133G. Licences
133H. Existing applications for works approvals or licences
133I. Existing applications as to existing works approvals
133J. Existing applications as to existing licences
133K. Appeals in respect of refusal to grant works approvals and licences
133L. Other appeals in respect of works approvals and licences
Subdivision 4 -- Other matters
133M. Referred proposals
133N. Chair and Deputy Chair
133O. Transitional regulations
133P. Interpretation Act 1984 not affected
Division 5 -- Transitional provisions for Environmental Protection Amendment Act 2024
Subdivision 1 -- Preliminary
133Q. Terms used
133R. Application of Interpretation Act 1984
Subdivision 2 -- Main provisions
133S. Transitional regulations
133T. Existing Authority members
133U. Parallel decision-making: section
133V. Parallel decision-making: Part V
133W. Existing appeals against Authority’s decision not to assess proposal
133X. Exemption order
133Y. Amendment to Environmental Protection Regulations 1987 r. 5DA
PART X -- Validation
Division 1 -- Provisions relating to The Wilderness Society v Minister for Environment
134. Terms used
135. Grounds of invalidity
136. Certain proceedings of Environmental Protection Authority and other things validated
137. Exclusions from validation
Division 2 -- Provisions relating to licences that ceased to have effect due to non-payment of licence fee
138. Terms used
139. Validation
140. CEO notified holder of licence that licence had ceased to have effect
141. Licence replaced by new licence before validation day
SCHEDULE 1 -- Penalties
SCHEDULE 2 -- Matters in respect of which regulations may be made
SCHEDULE 3 -- Transitional provisions related to Environmental Protection Act 1971
SCHEDULE 4 -- Transitional provisions not related to Environmental Protection Act 1971
SCHEDULE 5 -- Principles for clearing native vegetation
SCHEDULE 6 -- Clearing for which a clearing permit is not required
SCHEDULE 7 -- Appeals Convenor
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