 Environmental Management and Pollution Control Act 1994
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| 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 |
| 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 under Division 2A of Part 3
of the Land Use Planning and Approvals Act 1993 |
| 26. Assessment of level 3 activities |
| 27. Assessment of activities which do not require a permit |
| 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 section74(4) |
| 27E. Board may require further information |
| 27F. Case for assessment to be lodged within 12 months |
| 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. repealed |
| 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 |
| PART 4 - ENFORCEMENT PROVISIONS |
| Division 1 - Information to be supplied |
| 43. Power to require information |
| Division 2 - Environment protection notices |
| 44. Environment protection notices |
| 45. Duties arising under 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. Appeal in respect of decision of Appeal Tribunal under section 48 |
| 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 |
| 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. repealed |
| 69. repealed |
| 70. Service of notices |
| 71. Payments in respect of environmental infringement notices |
| 72. Prescribed offences and penalties for Division5 |
| 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 Part5A |
| 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 section74S or 74T as debt due |
| 74V. Cost of action under section74S 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 - REPEALED |
| Division 1 - repealed |
| 75. repealed |
| Division 2 - repealed |
| 76. repealed |
| 77. repealed |
| 78. repealed |
| 79. repealed |
| 80. repealed |
| 80A. repealed |
| 81. repealed |
| 81A. repealed |
| 81B. repealed |
| Division 3 - repealed |
| 82. repealed |
| 83. repealed |
| 84. repealed |
| 85. repealed |
| 86. repealed |
| 87. repealed |
| 88. repealed |
| 89. repealed |
| 90. repealed |
| 91. repealed |
| Division 4 - repealed |
| 91A. repealed |
| 91B. repealed |
| 91C. repealed |
| 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 |
| 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. repealed |
| 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. Listening Devices Act 1991 not to apply |
| 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.
. . . . . . . . |
| 107. Transitional provisions |
| 107A. Transitional and savings provisions consequent on Environmental
Management and Pollution Control Amendment (Environment Protection Authority) Act 2007 |
| 108. Review of Act |
| 109. Administration of Act |
| SCHEDULE 1 - OBJECTIVES |
| Part 1 - Objectives of the resource Management and Planning System of
Tasmania |
| Part 2 - Objectives of the Environmental Management and Pollution
Control System Established by this Act |
| SCHEDULE 2 - LEVEL 2 ACTIVITIES |
| SCHEDULE 3 - PROVISIONS WITH RESPECT TO MEMBERSHIP OF THE BOARD |
| SCHEDULE 4 - PROVISIONS WITH RESPECT TO MEETINGS OF THE BOARD |
| SCHEDULE 5 - REPEALED |
| SCHEDULE 5A - MEMBERSHIP, PROCEEDINGS, MEETINGS AND HEARINGS OF PANEL |
| Part 1 - Membership and proceedings of Panel |
| Part 2 - Meetings conducted by Panel |
| Part 3 - Hearings conducted by Panel |
| SCHEDULE 6 - TRANSITIONAL AND MISCELLANEOUS PROVISIONS |
| SCHEDULE 7 - TRANSITIONAL AND SAVINGS PROVISIONS CONSEQUENT ON
ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL AMENDMENT (ENVIRONMENT PROTECTION
AUTHORITY) ACT 2007 |
| Part 1 - Preliminary |
| Part 2 - Board |
| Part 3 - Director |
| Part 4 - Panel |
| Part 5 - Authorized Officers |
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