[s. 123(2)]
[Heading amended: No. 19 of 2010 s. 4.]
1. In this Schedule —
fee includes charge;
specified means specified in regulations made
under section 123.
2. The fees to apply under this Act, including,
without limiting sections 43, 45 and 45A of the Interpretation Act 1984 , the
following —
(a)
subject to this Act, the time at which, or the periods for or during which,
fees are to be paid;
(b) the
structure of fees;
(c) the
basis on which a fee is to be calculated;
(ca)
when a fee submitted in respect of an application made under this Act is taken
to have been received for the purposes of this Act;
(d)
interest on unpaid fees;
(e)
penalties for, and other consequences of, failure to pay fees, late payment of
fees or underpayment of fees;
(f)
recovery of fees;
(g)
refunding of fees.
2A. Without limiting item 2, in the case of a
works approval or licence under Part V or a licence, permit, approval or
exemption under the regulations (an authorisation ) —
(a)
prescribing fees that are payable before or when the authorisation is granted,
issued or given and fees that are payable at prescribed intervals or in
prescribed circumstances during the currency of the authorisation;
(b)
providing for the authorisation to cease to have effect if a fee is not paid
in accordance with the regulations;
(c)
prescribing fees that are payable before or when the authorisation is amended,
transferred or surrendered.
3. The taking of measurements and analysis of
substances and things for the purposes of this Act.
4. The conduct and methods of testing the extent
and effects of an emission, the equipment to be used for the purpose of that
testing, and the persons who are authorised to use that equipment.
5. The matters that may be set out in a
certificate or report relating to —
(a) the
taking, or results, of measurements referred to in item 3;
(b) the
conduct, method, or results, of analysis referred to in item 3 or testing
referred to in item 4;
(c) the
equipment for such measurements, analysis or testing;
(d) the
persons taking such measurements, conducting such tests or analysis or testing
equipment for such measurements, analysis or testing,
and the evidential status and probative value of
those matters.
6. The facts by which and the manner in which it
may be proved that any noise, odour or electromagnetic radiation emitted from
any source does not comply with any standard prescribed in respect of that
source by or under this Act.
7. Limiting an emission in relation to any area,
premises, act or thing.
8. The standards for determining when any matter,
act or thing is poisonous, noxious, objectionable, detrimental to health or
within any other description referred to in this Act, which standards may be
different in different localities.
9. Prohibiting the discharge into the environment
of any matter, whether liquid, solid, gaseous or radioactive, and prohibiting
or regulating the use of any specified chemical substance or fuel.
10. Prohibiting either generally or in specified
circumstances or subject to specified conditions an emission into the
environment.
11. Prescribing ambient standards and emission
standards and specifying the maximum permissible concentrations of any matter
that may be present in or discharged into the environment.
12. Prescribing noise emission standards for
different kinds of premises and equipment.
13. The times within which specified noise
emission levels may be exceeded or shall not be exceeded.
14. Prohibiting or regulating the emission or
transmission of noise, odour or electromagnetic radiation from premises or a
place.
15. Prohibiting or regulating the emission or
transmission of noise, odour or electromagnetic radiation in public places.
16. Requiring the means to be used for the
prevention, and for counteracting the effect, of pollution or environmental
harm in relation to any area, premises, act or thing, including the laying
down of minimum requirements.
17. Prohibiting or regulating any conduct,
operation or activity that is capable of causing pollution or environmental
harm.
18. Prohibiting the use of any equipment capable
of emitting noise that does not meet any prescribed noise emission standard in
any respect or regulating the construction, installation or operation thereof
so as to prevent or minimise the emission of noise.
18A. Regulating the seizure and storage of things
under section 92A and the sale, preservation, treatment and other ways of
dealing with those things.
19. Regulating the construction, installation or
operation of any premises or equipment or the repair or maintenance of any
vehicle or vessel so as to prevent or minimise pollution or environmental
harm.
20. Requiring the installation and use in
connection with any equipment of any other equipment to prevent pollution or
environmental harm and prohibiting the operation of any specified equipment
unless there is installed and operated, in connection with the specified
equipment, any other equipment to prevent pollution or environmental harm.
21. Requiring any equipment or the packaging
thereof to be fitted or marked with a plate, label or other marking and
prescribing the manner in which the plate, label or other marking is to be
fitted or marked.
22. Prescribing types of plates, labels and other
markings and the information to be contained thereon or therein.
23. Prohibiting the removal or defacing of any
plate, label or other marking of a prescribed type required to be fitted or
marked to or on any equipment or the packaging thereof.
24. The enforcement and implementation of approved
policies or the identification of any portion of the environment.
25. Prescribing standards and criteria for the
implementation of any approved policy.
25A. Identifying an area of the State to which an
approved policy applies, or does not apply.
25B. Supplementing an approved policy by providing
for any matter referred to in section 35(2).
25C. Prescribing methods for measuring, predicting
or evaluating the effectiveness of an approved policy in achieving and
maintaining the environmental quality objectives specified in the policy.
25D. Prescribing procedures for consultation with
respect to the making of regulations in relation to a matter referred to in
item 24, 25, 25A, 25B or 25C.
26. Prescribing any premises or class of premises
as prescribed premises for the purposes of Part V.
27. Regulating the establishment of sites for the
disposal of solid or liquid wastes on or in land and the use of any such
sites, whether or not established after the commencement of this item.
28. The control, prevention or abatement of
pollution or environmental harm generally.
29. Without limiting the generality of section 6
or of section 43(8)(d) of the Interpretation Act 1984 , exempting any persons,
premises or equipment or class of persons, premises or equipment or any
category, type, volume or kind of waste or source of noise from all or any of
the provisions of this Act, and specifying circumstances in which and
conditions subject to which such an exemption shall apply.
30. Prohibiting the sale, use or operation of an
article except in accordance with specified conditions relating to the
emission or transmission of noise, odour or electromagnetic radiation from the
article when in use or operation and, in particular prohibiting the sale, use
or operation of an article unless it is fitted with specified noise, odour or
electromagnetic radiation control equipment.
30A. Prohibiting or regulating the manufacture,
sale or distribution for sale of solid fuel burning equipment, or solid fuel,
of a prescribed class or description.
30B. Specifying the minimum and maximum
permissible concentrations or amounts of constituents of any matter that may
be present in any substance or thing.
30C. Prohibiting or regulating the manufacture,
sale, distribution for sale, use or operation of any prescribed substance or
thing or any substance or thing of a prescribed class or description.
31. Prohibiting the carrying on of a trade,
industry or process except in accordance with such conditions relating to the
emission or transmission of noise, odour or electromagnetic radiation arising
in the course of the carrying on of the trade, industry or process as are
specified.
32. Prohibiting or regulating the use or operation
of any article, or the carrying on of any trade, industry or process, at any
specified times.
33. Regulating and controlling the collection,
transport, storage and disposal of waste and specifying conditions for the
re-use thereof.
33A. Requiring any information or documents
supplied for the purposes of the Act to be verified by statutory declaration.
33B. Making provision for or with respect to
guidelines to be observed in relation to the content of financial assurance
requirements.
34. Prescribing administrative procedures for the
purposes referred to in section 122(1)(a).
35. Prescribing procedures in respect of appeals
under Part VII.
35A. Requiring things to be done or information to
be provided under this Act in a prescribed manner or prescribed form.
35B. Providing for notices, orders or other
documents to be given, sent or served under this Act by electronic
communication (as defined in the Electronic Transactions Act 2011
section 5(1)) and providing for the proof of that giving, sending or service.
36. Without limiting section 122B, the keeping,
inspection and production of records and registers under this Act.
36A. The keeping and production of returns and
other information by a licensee in relation to the receipt of waste.
36B. Establishing or recognising a scheme or
system for the accreditation of persons as environmental practitioners for
purposes related to this Act.
36C. Specifying timelines for steps in processes
contained in Part V.
37. Creating offences under the regulations and
penalties for the commission thereof not exceeding $20 000.
[Schedule 2 amended: No. 14 of 1998 s. 19, 21 and
36; No. 54 of 2003 s. 26, 67, 86, 89, 96 and 138; No. 36 of 2007 s. 100; No.
40 of 2020 s. 108(1)-(6) and (8)-(11).]