Australian Capital Territory
Environment Protection Act 1997    
A1997-92
Republication No 17
Effective:  1 July 2007 – 10 July 2007
Republication date: 1 July 2007
Last amendment made by A2007-17

Not all amendments are in force: see last endnote

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Environment Protection Act 1997 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2007.  It also includes any amendment, repeal or expiry affecting the republished law to 1 July 2007.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Environment Protection Act 1997

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Objects	2
	3	Dictionary	4
	3A	Notes	5
	4	Meaning of contaminated land	5
	5	Things taken to have impact causing environmental harm	5
	6	Relationship with Emergencies Act	6
	7	Construction consistent with certain other laws	6
	8	Limitation of application in relation to certain people and things	7
	9	Civil remedies and common law not affected	8
	10	Criminal liability of government entities	8
Part 2	Administration
Division 2.1	Environment Protection Authority
	11	Environment Protection Authority	9
	12	Functions and powers	9
	13	Delegations	10
	14	Authorised officers	10
	15	Analysts	11
	16	Identity cards	11
	17	Disclosure of interests	12
	18	Legal immunity	12
Division 2.2	Public inspection of documents
	19	Inspection of documents	13
	20	Copies of documents	14
	21	Exclusion of material	14
Division 2.3	Register of contaminated sites
	21A	Register of contaminated sites	16
	21B	Notification of making of certain entries in register	17
Part 3	Environmental duties
	22	General environmental duty	19
	23	Duty to notify of actual or threatened environmental harm	20
	23A	Duty to notify existence of contaminated land	20
Part 4	Environment protection policies
	23B	Definitions for pt 4	22
	24	Contents	22
	25	Consultation on draft environment protection policy	23
	26	Consideration of suggestions etc and revision of draft environment protection policy	23
	27	Making of environment protection policy	24
	28	Notification of environment protection policies etc	24
	29	Inspection	24
	30	Legal character	24
Part 5	Accredited codes of practice
	31	Accrediting codes of practice	25
	32	Notification of accredited codes of practice	25
	33	Deemed compliance with general environmental duty	26
Part 6	Economic measures
	34	Schemes for economic measures	27
	35	Bubble licences	27
	36	Tradeable permits	27
	37	Regulation may make provision for schemes	28
Part 7	Environmental protection agreements
	38	Entering agreements	29
	39	Form and terms of agreements	29
	40	Effect of agreements	30
	41	Notification of environmental protection agreements	30
Part 8	Environmental authorisations
Division 8.1A	Interpretation for pt 8
	41A	Meaning of environmental authorisation	32
Division 8.1	Requirements to hold and comply with an authorisation
	42	Conducting prescribed classes of activities	32
	43	Authority may require environmental authorisation	33
	44	Conducting activities other than prescribed activities	33
	45	Compliance with authorisation	34
Division 8.2	Grant, variation, cancellation and suspension
	46	Kinds of authorisation	35
	47	Application	35
	48	Consultation on application for environmental authorisation	36
	49	Grant	37
	50	Notification of grant	39
	51	Kinds of conditions	40
	52	Period of authorisation	41
	53	Authorisation fees	43
	55	Nonpayment of fees	43
	57	Annual review of certain authorisations	44
	58	Review of accredited environmental authorisations	44
	59	Notification of review of environmental authorisations	44
	60	Variation	45
	61	Matters required to be taken into account for certain decisions under div 8.2	46
	62	Notice of intention to vary an authorisation	47
	63	Suspension and cancellation	47
	64	Notice of intention to suspend or cancel an authorisation	48
	65	Effect of suspension	49
	66	Surrender of environmental authorisation	49
	67A	Recognised environmental authorisations	49
	67	Notification of ceasing activity	49
Part 9	Environmental protection
Division 9.1	Environmental improvement plans
	68	Contents of environmental improvement plan	50
	69	Authority may require environmental improvement plan	50
	71	Approval of environmental improvement plan	51
	72	Accreditation of voluntary improvement plans	52
Division 9.2	Environmental audits
	73	Meaning of auditor for div 9.2	53
	74	Conduct of audits	53
	75	Certain auditors to be approved	54
	76	Authority may require environmental audit	55
	76A	Requests for auditor’s statements	56
	76B	Annual returns—auditors	57
	77	Authority’s response to environmental audit report	57
	78	Protection for reports of voluntary audits	58
	79	Protection does not extend to environment protection orders	59
Division 9.3	Emergency plans
	80	Definitions for div 9.3	59
	81	Contents of emergency plan	60
	82	Authority may require emergency plan	60
	84	Approval of emergency plan	61
Division 9.4	Financial assurances
	85	Authority may require financial assurance	62
	86	Show cause why financial assurance should not be provided	64
	87	Non-provision of financial assurance	64
	88	Claim on or realisation of financial assurance	65
	89	Notice before claim on or realisation of a financial assurance	65
	90	Recovery of extra costs	66
	91	Money held by Territory as financial assurance	67
Division 9.5	Assessment and remediation
	91A	Definitions for div 9.5	68
	91B	Assessment of risk of harm	69
	91C	Order to assess whether land contaminated	70
	91D	Order to remediate land	72
	91E	Notification of certain people about orders for assessment or remediation	75
	91F	Certain documents to be available free of charge	76
	91G	Extension of time	76
	91H	Further information	76
	91I	Choice of appropriate person	77
Division 9.6	Costs of assessment and remediation
	91J	Meaning of assessment order and remediation order—pt 9	78
	91K	Recovery of costs associated with assessment or remediation	78
	91L	Priority for costs if owner insolvent	79
	91M	Recovery of costs—assessment and remediation	79
	91N	Costs—person responsible for contamination	80
	91O	Liability for losses	80
	91P	Director of body corporate that is wound up	81
	91Q	Director of body corporate that disposed of land	83
	91R	Holding company of body corporate that is wound up	85
Part 9A	Fuel sales information
	92	Fuel sales—provision of information	87
	92A	Confidential commercial information must not be disclosed	88
Part 10	Functions of the Minister
	93	Directions of Minister	90
	94	Environmental assessments and inquiries	90
Part 11	Powers of authorised officers
Division 11.1	Preliminary
	95	Interpretation for pt 11	92
Division 11.2	Entry and inspection generally
	96	Entry of premises—routine inspections	92
	97	Entry of premises—search warrants	93
	98	Identity cards must be produced	93
	99	Inspection of premises—routine inspections	93
	100	Inspection of premises—search warrant	94
	101	Routine inspections—serious and urgent circumstances	94
	102	Procedure if samples taken	95
	103	Consent to entry	96
	104	Search warrants	97
Division 11.3	Emergency powers
	105	Emergency situations	98
	106	Taking or directing action	99
	107	Entry and exercise of powers	99
Division 11.4	Seizure, retention and disposal of things
	108	Seizure	100
	109	Retention to adduce evidence	101
	110	Disposal	102
Division 11.5	Other powers
	111	Power to require name and address	103
Part 12	Powers of analysts
	112	Entry of premises	104
	113	Evidence of analysis	104
Part 13	Enforcement
Division 13.2	Environment protection orders
	125	Environment protection orders	105
	126	Contravention of environment protection order	107
Division 13.3	Injunctive orders
	127	Application for order	108
	128	Making of order	108
	129	Interim order	110
	130	Costs—public interest	110
	131	Security for costs etc	111
	132	Compensation	111
Division 13.4	Power to require information
	133	Information discovery orders	112
	134	Contravention of information discovery order	112
Part 14	Administrative review
	135	Review of decisions	113
Part 15	Offences
Division 15.1	Environmental offences
Subdivision 15.1.1	General environmental offences
	137	Causing serious environmental harm	118
	138	Causing material environmental harm	119
	139	Causing environmental harm	119
	140	Person may be found guilty of lesser charge	120
	141	Causing environmental nuisance	121
	142	Placing pollutant where it could cause harm	121
	143	No offence committed	121
	144	Liability limited to harm caused by excess pollutants	121
Subdivision 15.1.2	Specific offences
	145	Offences in schedule 2	122
Division 15.2	Extensions of liability for offences
	146	Acts and omissions of representatives	122
	147	Criminal liability of officers of body corporate	123
Division 15.3	Other offences
	148	Notice to transferee on transfer of activity or place	124
	149	Notice to authority of alteration to equipment and works	125
	150	Selfincrimination	126
	151	Failing to comply with requirement of inspector	126
Division 15.4	Defences
	153	Due diligence	127
	154	Defence of emergency	129
Division 15.5	General
	155	Strict liability offences	129
	156	Continuing offences	130
	157	Additional court orders	130
	158	Matters to be considered in imposing penalty	131
Part 16	Miscellaneous
	158A	Annual reports to deal with environmental matters	133
	159	Authorised acts and omissions	134
	159A	National pollutant inventory—provision of information	134
	160	Recovery of clean-up costs	135
	161	Assessment of reasonable costs and expenses	136
	162	Statutory declarations	136
	163	Environmental record of directors, servants and agents	137
	164	Evidentiary matters	137
	165	Determination of fees etc	138
	165A	Approved forms	138
	166	Regulation-making power	139
	167	Review of Act	140
Schedule 1	Activities requiring environmental authorisation	141
	1.1	Definitions for sch 1	141
	1.1A	Meaning of regulated waste	144
	1.2	Class A activities	145
	1.3	Class B activities	152
Schedule 2	Specific offences	154
Part 2.1	Preliminary	154
	2.1	Definitions for sch 2	154
Part 2.2	Offences relating to articles that emit noise	156
	2.2	Sale of articles that emit excessive noise	156
Part 2.3	Offences relating to fuel-burning equipment	157
	2.3	Emission of pollutants in excess of prescribed concentrations	157
	2.4	Sale of solid fuel-burning equipment	157
	2.5	Interference with solid fuel-burning equipment or attached plates	158
Part 2.4	Offences relating to petrol	160
	2.6	Determination of higher sulfur content of unleaded petrol	160
	2.7	Sale of leaded petrol as unleaded petrol	160
	2.8	Prohibition of sale of leaded petrol unless low lead	161
	2.8A	Declaration about application of certain provisions	163
	2.9	Exemption	163
	2.10	Petrol pumps to be constructed and marked as prescribed	164
	2.11	Petrol additives	164
	2.12	Type of petrol to be used	165
	2.13	Sale of high-octane unleaded petrol	165
Part 2.5	Summary proceedings for indictable offences	166
	2.14	Certain offences may be dealt with summarily	166
Dictionary		167
Endnotes
	1	About the endnotes	177
	2	Abbreviation key	177
	3	Legislation history	178
	4	Amendment history	181
	5	Earlier republications	193
	6	Uncommenced amendments	194

Australian Capital Territory
Environment Protection Act 1997

An Act to provide for the protection of the environment, and for related purposes

    

Part 1	Preliminary
    
1	Name of Act
This Act is the Environment Protection Act 1997.
2	Objects
	(1)	The particular objects of this Act are—
	(a)	to protect and enhance the quality of the environment; and
	(b)	to prevent environmental degradation and adverse risks to human health and the health of ecosystems by promoting pollution prevention, clean production technology, reuse and recycling of materials and waste minimisation programs; and
	(c)	to require people engaging in polluting activities to make progressive environmental improvements, including reductions of pollution at the source as such improvements become practical through technological and economic development; and
	(d)	to achieve effective integration of environmental, economic and social considerations in decision-making processes; and
	(e)	to promote the concept of a shared responsibility for the environment by acknowledging environmental needs in economic and social decision-making; and
	(f)	to promote the concept of a shared responsibility for the environment through public education about and public involvement in decisions about protection, restoration and enhancement of the environment; and
	(g)	to promote the principles of ecologically sustainable development; and
	(h)	to regulate, reduce or eliminate the discharge of pollutants and hazardous substances into the air, land or water consistent with maintaining environmental quality; and
	(i)	to allocate the costs of environmental protection and restoration equitably and in a way that encourages responsible use of, and reduces harm to, the environment with polluters bearing the appropriate share of the costs that arise from their activities; and
	(j)	to facilitate the implementation of national environment protection measures under national scheme laws; and
	(k)	to provide for the monitoring and reporting of the environmental quality on a regular basis in conjunction with the commissioner for the environment; and
	(l)	to control the generation, storage, collection, transportation, treatment and disposal of waste with a view to reducing, minimising and, where practical, eliminating harm to the environment; and
	(m)	to adopt a precautionary approach when assessing environmental risk to ensure that all aspects of environmental quality, including ecosystem sustainability and integrity and beneficial use of the environment, are considered in assessing, and making decisions in relation to, the environment; and
	(n)	to ensure that contaminated land is managed having regard to human health and the environment; and
	(o)	to coordinate all activities as are necessary to protect, restore or improve the ACT environment; and
	(p)	to establish a process for investigating and, where appropriate, remediating land areas where contamination is causing or is likely to cause—
	(i)	a significant risk of harm to human health; or
	(ii)	a significant risk of material environmental harm or serious environmental harm;
and this Act must be construed and administered accordingly.
	(2)	For subsection (1) (g), ecologically sustainable development means the effective integration of economic and environmental considerations in decision-making processes and to be achievable through implementation of the following principles:
	(a)	the precautionary principle, namely, that if there is a threat of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;
	(b)	the inter-generational principle, namely, that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;
	(c)	conservation of biological diversity and ecological integrity;
	(d)	improved valuation and pricing of environmental resources.
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘development—see the Land Act, section 222.’ means that the term ‘development’ is defined in that section and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3A	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
4	Meaning of contaminated land
	(1)	In this Act:
contaminated, in relation to land, means the presence in, on or under the land, or a building or structure on the land, of a substance at a concentration above the concentration at which the substance is normally present in, on or under land, or a building or structure on land, in the same locality, if the presence causes, or is likely to cause either or both of the following:
	(a)	a risk of harm to human health;
	(b)	a risk of environmental harm.
	(2)	For subsection (1), land may be contaminated even if it became contaminated partly or entirely by the migration of contaminants into, onto or under the land from other land.
	(3)	However, land is not contaminated only because in any surface water standing or running on the land a substance is present in a concentration above the concentration at which the substance is normally present in, on or under land, or a building or structure on land, in the same locality.
5	Things taken to have impact causing environmental harm
For this Act, a thing mentioned in the dictionary, definition of pollutant, paragraphs (a) to (e) is taken to cause environmental harm if—
	(a)	the measure of the pollutant entering the environment exceeds the prescribed measure; or
	(b)	the pollutant entering the environment is a prescribed pollutant.
6	Relationship with Emergencies Act 
	(1)	This Act does not apply to the exercise or purported exercise by a relevant person of a function under the Emergencies Act 2004 for the purpose of protecting life or property, or controlling, extinguishing or preventing the spread of a fire.
	(2)	In this section:
relevant person means—
	(a)	the chief officer (fire brigade); or
	(b)	any other member of the fire brigade; or
	(c)	the chief officer (rural fire service); or
	(d)	any other member of the rural fire service; or
	(e)	any other person under the control of the chief officer (fire brigade) or the chief officer (rural fire service); or
	(f)	a police officer.
7	Construction consistent with certain other laws
	(1)	This Act must be construed and administered in a way that is consistent with an environment law or a health law unless the contrary intention appears from this Act or that law.
	(2)	This Act must be taken to be consistent with an environment law or a health law to the extent that it is capable of operating concurrently with that law.
	(3)	In this section:
environment law means a territory law that has as 1 of its objects or purposes the protection of the environment.
health law means a territory law that has as 1 of its objects or purposes the protection of public health.
8	Limitation of application in relation to certain people and things
	(1)	This Act does not apply in relation to noise made by or a pollutant emitted into the air by—
	(a)	a train; or
	(b)	a Commonwealth jurisdiction aircraft within the meaning of the Air Services Act 1995 (Cwlth); or
	(c)	a person using only his or her body; or
	(d)	an animal; or
	(e)	a motor vehicle being driven on a road, unless the motor vehicle—
	(i)	is being driven on the road for the purpose of conducting reliability trials or speed tests; and
	(ii)	has been exempted under the road transport legislation from the provisions of that legislation about attaching silencers to the exhaust pipes of motor vehicles, rules of the road and speed limits during the trials or tests.
	(2)	This Act does not apply to environmental harm that results, or is alleged to result solely from the appearance or siting, or both, of a structure (other than a structure naturally occurring).
	(3)	In this section:
road—see the Road Transport (Vehicle Registration) Act 1999.
road transport legislation—see the Road Transport (General) Act 1999, section 6.
9	Civil remedies and common law not affected
	(1)	Except as expressly provided by this Act, nothing in this Act must be taken to affect any civil right or remedy available to a person in relation to conduct to which this Act applies.
	(2)	Compliance with this Act is not, of itself, evidence that a common law duty of care has been satisfied.
10	Criminal liability of government entities
	(1)	Except as expressly provided by this Act, a government entity is not immune from criminal liability under this Act in relation to an authorised act or omission of the entity.
	(2)	Subsection (1) does not apply in relation to a prosecution for—
	(a)	an offence against any of the following provisions:
·	section 45 (Compliance with an authorisation)
·	section 137 (3) (which is about polluting the environment causing serious environmental harm)
·	section 138 (3) (which is about polluting the environment causing material environmental harm)
·	section 139 (3) (which is about polluting the environment causing environmental harm)
·	section 141 (Causing an environmental nuisance)
·	section 142 (Placing a pollutant where it could cause harm); or
	(b)	an offence against a regulation that is prescribed for this section.
	(3)	This section has effect despite the Legislation Act, section 121 (4).
Note	Section 121 (4) extends the effect of the immunity that a government has from an Act to government entities.
	(4)	A word or expression defined in the Legislation Act, section 121 has the same meaning in this section.

Part 2	Administration
Division 2.1	Environment Protection Authority
11	Environment Protection Authority
	(1)	The chief executive must appoint a public servant as the Environment Protection Authority.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. 
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
	(2)	Until the chief executive makes an appointment under subsection (1), the authority is the public servant for the time being exercising the duties of the public service office the duties of which include exercising the functions of the authority.
	(3)	Subsection (2) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
	(4)	Subsections (2) and (3) and this subsection expire 1 year after the day this section commences.
 U 	12	Functions and powers
	(1)	In addition to the functions given to the authority by or under the other provisions of this Act, the authority has the following functions:
	(a)	to administer this Act;
	(b)	any other functions given to the authority by or under another territory law.
	(2)	In the exercise of his or her functions, the authority must have regard to the objects set out in section 2.
	(3)	In addition to the specific powers provided by this Act, the authority has the powers that are necessary and convenient for the exercise of his or her functions.
 U 	13	Delegations
The authority may, in writing, delegate any of the authority’s powers under this Act to a public employee, other than this power of delegation.
14	Authorised officers
	(1)	The chief executive may appoint a public servant as an authorised officer.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. 
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
	(2)	The authority is also an authorised officer.
	(3)	In addition to the powers given to an authorised officer under this Act, an authorised officer also has powers given to the officer under any other territory law.
	(4)	Until the chief executive makes an appointment under subsection (1), an authorised officer is—
	(a)	the authority; and
	(b)	a public servant for the time being exercising the duties of a public service office the duties of which include exercising the functions of an authorised officer; and
	(c)	a public servant appointed as an authorised officer.
	(5)	Subsection (4) is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
	(6)	Subsections (4) and (5) and this subsection expire 1 year after the day this section commences.
15	Analysts
	(1)	The authority may appoint a person as an analyst for this Act.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. 
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
	(2)	The government analyst under the Drugs of Dependence Act 1989 is also an analyst for this Act.
16	Identity cards
	(1)	The chief executive must issue to the authority an identity card that specifies the authority’s name and office, and on which appears a recent photograph of the authority.
	(2)	The authority must issue to an authorised officer an identity card that specifies the authorised officer’s name and office, and on which appears a recent photograph of the authorised officer.
	(3)	The authority must issue to an analyst an identity card that specifies the analyst’s name and office, and on which appears a recent photograph of the analyst.
	(4)	On ceasing to occupy, or to act in—
	(a)	the office of the authority; or
	(b)	to occupy, or to act in, an office of authorised officer or analyst;
a person must not, without reasonable excuse, fail to return his or her identity card to the chief executive or the authority, as the case may be.
Maximum penalty (subsection (4)):  1 penalty unit.
 U 	17	Disclosure of interests
	(1)	If the authority makes a disclosure about a matter under the Public Sector Management Act 1994, section 9 (j), the authority must not, unless the chief executive otherwise decides, make a decision in relation to the matter.
	(2)	Unless the chief executive decides that the authority should make a decision in relation to the matter, the chief executive must, in writing, appoint another public servant to act as the authority for the purpose of making a decision in relation to the matter.
	(3)	An appointment under subsection (2) is for the period specified in the appointment. 
	(4)	For the purposes of making a decision in relation to the matter, the appointee may exercise all the functions of the authority.
	(5)	For this Act a decision made by the appointee is taken to have been made by the authority.
	(6)	This section does not prevent the authority from continuing to exercise the functions of the authority in relation to any other matter during the period mentioned in subsection (3).
 U 	18	Legal immunity
	(1)	No civil or criminal proceedings lie against a person who is, or has been—
	(a)	the authority; or
	(b)	an authorised officer; or
	(c)	an analyst;
in relation to an act done or omitted to be done in good faith in the exercise or purported exercise of a function given to the person in that capacity for this Act.
	(2)	Subsection (1) does not affect any liability that the Territory would, apart from that subsection, have in relation to an act or omission mentioned in that subsection.
	(3)	The Territory is vicariously liable in relation to a tort committed by a person in the exercise or purported exercise of a function given to the person for this Act, if the exercise or purported exercise is in the course of his or her capacity as a public employee.
Division 2.2	Public inspection of documents
19	Inspection of documents
	(1)	Subject to section 21, a person may inspect at any reasonable time any of the following documents kept by or on behalf of the authority:
	(a)	any environmental authorisation granted by the authority including details of the conditions to which the authorisation is subject, the person holding that authorisation and whether the authorisation is in effect;
	(b)	any environmental improvement plan submitted in compliance with a requirement by the authority;
	(c)	any emergency plan approved by the authority;
	(d)	codes of practice accredited under part 5;
	(e)	any environmental protection agreement entered into by the authority;
	(f)	any environment protection order;
	(g)	any document setting out the results of a review of an environmental authorisation;
	(h)	results of monitoring or testing required by the authority to be conducted under an environmental authorisation, environmental protection agreement or environment protection order;
	(i)	the list of auditors approved under section 75;
	(j)	environmental audit reports under division 9.2;
	(k)	the list of authorised officers;
	(l)	an order for assessment under section 91C;
	(m)	an assessment under section 91C (4) (a);
	(n)	an environmental audit under section 91C (4) (b);
	(o)	a remediation order under section 91D;
	(p)	an environmental audit under section 91D (4) (b);
	(q)	the register;
	(r)	any document prescribed by regulation.
	(2)	If a person wishes to inspect a document specified in subsection (1) that is not in the authority’s possession, the authority must make arrangements for the person to inspect the document. 
20	Copies of documents
	(1)	A person may, on payment of the reasonable copying costs, obtain a copy of a document specified in section 19 (1).
	(2)	If a person wishes to obtain a copy of a document specified in section 19 (1) that is not in the authority’s possession, the authority must make arrangements for the person to obtain the copy.
21	Exclusion of material
	(1)	If for this Act, a person provides a document to the authority in relation to—
	(a)	the grant, variation or review of an environmental authorisation; or
	(b)	the submission of an environmental improvement plan; or
	(c)	the approval of an emergency plan; or
	(d)	the entry into an environment protection agreement; or
	(e)	the making of an order under section 91C or section 91D; or
	(f)	the making of an environment protection order; or
	(g)	setting out the results of monitoring or testing required by the authority to be conducted; or
	(h)	the submission of an environmental audit report; or
	(i)	the conduct of an activity to which section 159A applies;
the person who provided the document, or a person whose interests are affected by the provision of the document, may apply to the authority to exclude so much of the document as is specified in the application from inspection by the public under section 19 on the ground that—
	(j)	the disclosure would reveal a trade secret; or
	(k)	the disclosure would, or would reasonably be expected to, adversely affect the person in relation to the lawful business affairs of that person;
and it would not be in the public interest for that part to be published.
	(2)	An application under subsection (1) must—
	(a)	be in writing; and
	(b)	be made at the same time the document to which the application relates is provided to the authority.
	(3)	If the authority is satisfied that a ground mentioned in subsection (1) exists for the exclusion of a document or part of a document, the authority must exclude that part from each copy of a document made available for public inspection under that subsection.
	(4)	If a part of a document is excluded from the copy made available for public inspection, each copy must include a statement to the effect that an unspecified part of the document has been excluded for the purpose of protecting the confidentiality of information included in that part.
	(5)	The authority must not permit the inspection of a document or part of a document under section 19 to which an application under subsection (1) relates—
	(a)	until 28 days after the authority has made a decision under subsection (1) excluding or refusing to exclude all or part of the document from inspection; or
	(b)	if an application for review of that decision has been made to the administrative appeals tribunal—until that matter has been decided by the tribunal.
Division 2.3	Register of contaminated sites
21A	Register of contaminated sites
	(1)	The authority must keep a register of contaminated sites.
	(2)	The register—
	(a)	may be in electronic form; and
	(b)	must comprise particulars of land in relation to an order under section 91C (1), section 91D (1) or section 125 (4).
	(3)	As soon as practicable after making an order under section 91C (1), section 91D (1) or section 125 (4), the authority must give written notice of the making of the order and the entry in the register of particulars of contaminated sites to—
	(a)	the planning and land authority; and
	(b)	if the land is in a designated area—the national capital authority.
	(4)	The authority must make an entry in the register—
	(a)	for an order under section 91D (1)—if satisfied that the remediation of the land has been conducted as mentioned in section 91D (4) (a); and
	(b)	for an order under section 125 (4)—if the authority is no longer satisfied as mentioned in that section, or the order is revoked, whichever happens first.
	(5)	The authority must remove an entry from the register for an order under section 91C (1) within 60 days after receipt of an audit of assessment under section 91C in relation to that entry unless the authority has, within that period, made an order under section 91D (1) or section 125 (4).
	(6)	In this section:
designated area—see the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), section 4, definition of Designated Area.
21B	Notification of making of certain entries in register
	(1)	If the authority makes an entry in the register under section 21A (2) (b) or (4) or removes an entry under section 21A (5), the authority must prepare a written notice stating that the entry has been made or removed.
	(2)	The notice must state the places where a copy of any of the following documents may be inspected or obtained:
	(a)	an order under section 91C (1);
	(b)	an assessment under section 91C (4) (a);
	(c)	an environmental audit under section 91C (4) (b);
	(d)	an order under section 91D (1);
	(e)	an environmental audit under section 91D (4) (b).
	(3)	The notice is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	The authority must also publish the notice in a daily newspaper.

Part 3	Environmental duties
    
22	General environmental duty
	(1)	A person must take the steps that are practicable and reasonable to prevent or minimise environmental harm or environmental nuisance caused, or likely to be caused, by an activity conducted by that person.
	(2)	In deciding whether a person has complied with the general environmental duty, regard must first be had, and greater weight must be given, to the risk of the environmental harm or environmental nuisance involved in conducting the activity, and, in addition, regard must then be had to—
	(a)	the nature and sensitivity of the receiving environment; and
	(b)	the current state of technical knowledge for the activity; and
	(c)	the financial implications of taking the steps mentioned in subsection (1); and
	(d)	the likelihood and degree of success in preventing or minimising the environmental harm or environmental nuisance of each of the steps that might be taken; and
	(e)	other circumstances relevant to the conduct of the activity.
	(3)	Subject to section 125, section 143 and section 160, failure to comply with the general environmental duty does not of itself—
	(a)	give rise to a civil right or remedy; or
	(b)	constitute an offence; or
	(c)	constitute grounds for action under this Act.
23	Duty to notify of actual or threatened environmental harm
	(1)	Subject to subsection (2), this section applies to a person conducting an activity who becomes aware that the activity has caused, is causing or is likely to cause serious or material environmental harm from pollution (an environmental situation).
	(2)	This section does not apply if the environmental harm or potential environmental harm is authorised by or under this Act or another territory law.
	(3)	As soon as reasonably practicable after becoming aware of the environmental situation, the person must notify the authority of the environmental situation, its nature and the action taken to deal with the situation and any environmental harm that has been caused.
	(4)	Subject to subsection (5), a person must not, without reasonable excuse, contravene subsection (3).
Maximum penalty:  50 penalty units.
	(5)	A person is not required to notify the authority of an environmental situation if the person has reasonable grounds for believing that the environmental situation has already come to the notice of an authorised officer.
23A	Duty to notify existence of contaminated land
	(1)	A lessee or occupier of land must notify the authority in writing as soon as practicable after becoming aware that land of which he or she is the lessee or occupier is contaminated in such a way as to present, or to be likely to present—
	(a)	a significant risk of harm to human health; or
	(b)	a risk of material environmental harm or serious environmental harm.
	(2)	A person must not, without reasonable excuse, contravene subsection (1).
Maximum penalty:  50 penalty units.

Part 4	Environment protection policies
    
23B	Definitions for pt 4
In this part:
consultation period—see section 25 (1).
draft environment protection policy includes a draft amendment of an environment protection policy, other than an amendment proposing changes solely of a formal nature.
environment protection policy includes an amendment or repeal of an environment protection policy.
24	Contents
Environment protection policies are documents prepared by the authority, in accordance with this part and relevant best practice, setting out—
	(a)	guidelines to which the authority must have regard in administering this Act generally or in relation to specified functions of the authority; or
	(b)	guidelines for effective environment protection and management within a particular industry or for the community generally; or
	(c)	matters that the authority may take into account in relation to the making of a decision in the exercise of a discretion under this Act.
25	Consultation on draft environment protection policy
	(1)	If the authority prepares a draft environment protection policy, the authority must also prepare a written notice—
	(a)	containing a brief description of the draft policy; and
	(b)	stating where copies of the draft policy may be obtained; and
	(c)	inviting anyone to make written suggestions or comments about the draft policy to the authority, at the place stated in the notice, within 40 working days after the day the notice is notified under the Legislation Act (the consultation period).
	(2)	The notice is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(3)	The authority must also publish the notice in a daily newspaper.
	(4)	During the consultation period, the authority must make copies of the draft environment protection policy available for inspection in accordance with the notice.
	(5)	The authority must also send a copy of a draft policy, without charge, to—
	(a)	the Conservation Council of the South-East Region and Canberra (Inc.); and
	(b)	the Canberra Business Council Inc.
26	Consideration of suggestions etc and revision of draft environment protection policy
	(1)	The authority must consider the suggestions and comments made to it during the consultation period about the draft environment protection policy.
	(2)	The authority may, in writing, revise the draft environment protection policy in accordance with any of the suggestions or comments.
27	Making of environment protection policy
	(1)	After complying with section 26 in relation to the draft environment protection policy, the authority may submit the draft policy (as revised, if at all, under that section) to the Minister for consent to make the policy.
	(2)	If the Minister consents, the authority must make the draft policy as an environment protection policy.
28	Notification of environment protection policies etc
	(1)	An environment protection policy is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(2)	If an environment protection policy is made, a notice must also be published in a daily newspaper—
	(a)	containing a brief description of the policy; and
	(b)	stating when the policy takes effect; and
	(c)	stating where the policy may be inspected.
29	Inspection
A person may inspect an environment protection policy at the principal office of the authority at any time when the office is open for business.
30	Legal character
Despite any other territory law, an environment protection policy—
	(a)	must be taken for all purposes to be an instrument of an administrative character; and
	(b)	must not be taken for any purpose to be an instrument of a legislative character.

Part 5	Accredited codes of practice
    
31	Accrediting codes of practice
	(1)	The Minister may, in writing, accredit a code of practice that sets out ways of achieving compliance with the general environmental duty when—
	(a)	a specified activity or a group of related activities; or
	(b)	some or all of the activities carried on within a particular industry;
is conducted that causes or is likely to cause environmental harm.
	(2)	The Minister may accredit a code of practice under subsection (1) only if satisfied that the code has been prepared in consultation with people or organisations representing those conducting an activity or carrying on the industry to which the code relates, and the public.
	(3)	A code of practice accredited under subsection (1) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
32	Notification of accredited codes of practice
	(1)	Within 10 working days after the day an accredited code of practice is notified under the Legislation Act, the Minister must publish notice of the accreditation in a daily newspaper.
	(2)	A notice under subsection (1) must contain a statement to the effect that a copy of the accredited code of practice is available for public inspection in accordance with section 19.
33	Deemed compliance with general environmental duty
A person is taken to have complied with the general environmental duty in conducting an activity if the person has substantially complied with the code of practice accredited under section 31 (1) for the activity.

Part 6	Economic measures
    
34	Schemes for economic measures
The authority may develop and implement schemes involving economic measures as a means of achieving the objects of this Act, examples of which include bubble licence schemes and tradeable permit schemes.
35	Bubble licences
A bubble licence scheme may include 1 or both of the following:
	(a)	the determination of the aggregate measure of a pollutant that is permitted to enter the environment as a result of activities conducted by a group of people or on a group of sites;
	(b)	the apportionment from time to time of the aggregate measure among the members of the group.
36	Tradeable permits
A tradeable permit scheme may include any of the following:
	(a)	the determination of the aggregate measure of a pollutant that is permitted to enter the environment, whether for the whole of the ACT or a particular part of the ACT;
	(b)	the creation of tradeable emission permits or credits;
	(c)	the allocation (whether by sale or otherwise) from time to time of tradeable permits or credits. 
37	Regulation may make provision for schemes
	(1)	A regulation may make provision in relation to schemes under this part, including regulating or prohibiting certain conduct.
	(2)	A regulation under subsection (1) may be inconsistent with another part of this Act to the extent to which they authorise or prohibit certain conduct that apart from the regulation would not be authorised, and, in the event of an inconsistency, the regulation prevails.
Note	A reference to a provision of an Act includes a reference to the statutory instruments made or in force under the provision, including regulations (see Legislation Act, s 104).

Part 7	Environmental protection agreements
    
38	Entering agreements
The authority may—
	(a)	for section 42 (2) (a); or 
	(b)	otherwise giving effect to the objects of this Act;
enter into an environmental protection agreement in relation to an activity with the person who is conducting, or proposing to conduct, the activity.
39	Form and terms of agreements
An environmental protection agreement—
	(a)	must be in writing executed by the parties to the agreement; and
	(b)	has effect for a specified period, unless terminated earlier in accordance with the agreement; and
	(c)	may contain terms providing for any matter that the parties agree is appropriate for furthering the objects of this Act, for example, agreeing—
	(i)	to take specified action, to comply with an industry standard or code of practice or to comply with other specified standards (including prescribed standards), for the purpose of preventing, minimising or eliminating environmental harm caused by the activity; or
	(ii)	to meet progressively higher standards for the prevention, minimisation or elimination of environmental harm caused by the activity; or
	(iii)	to provide for how the agreement will operate if there is a change in the person who is conducting the activity; or
	(iv)	to provide for the consequences of a party breaching the agreement, including the circumstances in which a party may terminate for breach; or
	(v)	to provide for the circumstances in which and the method by which a party may terminate the agreement; and
	(d)	may be varied in writing by the parties, including by extending the term of the agreement.
40	Effect of agreements
	(1)	An environmental protection agreement does not relieve a party to the agreement from any obligation or duty under this Act or another law.
	(2)	No action or proceeding lies against a party to an environment protection agreement arising out of an act or omission only because it constitutes a breach of the agreement.
41	Notification of environmental protection agreements
	(1)	If the authority enters into an environmental protection agreement under section 38 (Entering agreements), the authority must prepare a written notice stating that the agreement—
	(a)	has been entered into; and
	(b)	is available for public inspection under section 19 (Inspection of documents).
	(2)	The notice is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(3)	The authority must also publish the notice in a daily newspaper.
	(4)	The notice must be notified under the Legislation Act, and published in a daily newspaper, within 10 working days after the day the environmental protection agreement is entered into.
	(5)	The Minister may, in writing, declare that this section does not apply to an environmental protection agreement if satisfied that the implementation of the agreement—
	(a)	is not likely to cause environmental harm; or
	(b)	is likely to cause environmental harm, but not material environmental harm.
	(6)	A declaration under subsection (5) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Part 8	Environmental authorisations
Division 8.1A	Interpretation for pt 8
41A	Meaning of environmental authorisation
In this part:
environmental authorisation includes an authorisation that is declared under section 67A to be a recognised environmental authorisation to which division 8.2 applies.
Division 8.1	Requirements to hold and comply with an authorisation
42	Conducting prescribed classes of activities
	(1)	A person must not conduct an activity listed in schedule 1 as a class A activity unless the person holds an environmental authorisation in relation to that activity.
Maximum penalty:  200 penalty units.
	(2)	A person must not conduct an activity listed in schedule 1 as a class B activity unless the person—
	(a)	is a party to an environmental protection agreement that is in effect in relation to that activity; or
	(b)	holds an environmental authorisation in relation to that activity.
Maximum penalty:  200 penalty units.
43	Authority may require environmental authorisation
	(1)	Subject to subsection (2), the authority may notify a person in writing that the person is not to conduct, or continue to conduct, a specified activity unless the person holds an environmental authorisation in relation to that activity.
	(2)	The authority may notify a person under subsection (1) if the authority has reasonable grounds for believing—
	(a)	that, in conducting the specified activity, the person has contravened, is contravening or is likely to contravene a provision of this Act; and
	(b)	that, as a result, serious or material environmental harm has happened, is happening or is likely to happen.
	(3)	A notice under subsection (1) must contain a statement to the effect that, if the person wishes to obtain an environmental authorisation in relation to the specified activity, the person must lodge an application under section 47 on or before the date specified in the notice (not less than 10 working days after the date of the notice).
	(4)	The authority may, on application or on his or her own initiative, revoke a notice under subsection (1) by written notice specifying the date when the revocation takes effect.
44	Conducting activities other than prescribed activities
	(1)	A person who is served with a notice under section 43 (1) must not conduct, or continue to conduct, the activity described in the notice unless the person holds an environmental authorisation in relation to that activity.
Maximum penalty:  200 penalty units.
	(2)	A person does not commit an offence against subsection (1)—
	(a)	on or before the date specified in the notice by which an application for an environmental authorisation must be lodged; or
	(b)	if the person lodges an application on or before that date—while a decision on the application is pending; or
	(c)	if the notice is revoked—on or after the date of revocation.
45	Compliance with authorisation
	(1)	A person must not contravene an environmental authorisation.
Maximum penalty:  200 penalty units.
	(2)	If—
	(a)	a court finds a person guilty of an offence against subsection (1) the circumstances of which were—
	(i)	that the person caused the entry into the environment of a measure of a pollutant in excess of the measure authorised by the environmental authorisation; and
	(ii)	that, as a result, environmental harm was caused; and
	(b)	the court, in deciding the penalty (if any) to be imposed on the person, considers it relevant to have regard to the environmental harm caused in the commission of the offence;
the court must have regard to all the circumstances of the offence including—
	(c)	the conditions of the environmental authorisation; and
	(d)	the environmental harm caused by the excess pollutant. 
Division 8.2	Grant, variation, cancellation and suspension
46	Kinds of authorisation
The authority may, on application, grant—
	(a)	a standard environmental authorisation in relation to any prescribed activity; or
	(b)	an accredited environmental authorisation in relation to a prescribed activity in relation to which effect has been given or is being given to an environmental improvement initiative; or
	(c)	a special environmental authorisation in relation to a prescribed activity that is being conducted for the purposes of research and development, including for the purpose of trialing experimental equipment.
47	Application
	(1)	A person who is conducting or proposing to conduct a prescribed activity may apply to the authority for an environmental authorisation in relation to that activity.
	(2)	An application—
	(a)	must specify the kind of environmental authorisation applied for; and
	(b)	if that kind is an accredited or special environmental authorisation—may specify that in the alternative a standard environmental authorisation is applied for.
Note	A fee may be determined under s 165 (Determination of fees etc) for this section.
	(3)	If the applicant is not the lessee of the parcel of land on which the activity is being conducted,  or is proposed to be conducted, the application must be accompanied by the written consent to the making of the application of—
	(a)	if the land is leased—the lessee; or
	(b)	if the land is unleased territory land—the Territory; or
	(c)	if the land is unleased national land—the Commonwealth.
48	Consultation on application for environmental authorisation
	(1)	If the authority receives an application under section 47 in relation to a prescribed activity (other than a prescribed activity to which a declaration under subsection (6) applies), the authority must prepare a written notice—
	(a)	containing a brief description of the prescribed activity and its location; and
	(b)	indicating where copies of the application may be obtained; and
	(c)	inviting anyone to make written submissions about the application to the authority, at the place stated in the notice, no later than the date (the relevant date) stated in the notice.
	(2)	The relevant date must be at least 15 working days after the day the notice is notified under the Legislation Act.
	(3)	The notice is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	The authority must also publish the notice in a daily newspaper.
	(5)	The notice must be notified under the Legislation Act, and published in a daily newspaper, within 10 working days after the day the authority receives the application.
	(6)	The Minister may, in writing, declare that this section does not apply to a prescribed activity.
	(7)	A declaration under subsection (6) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
49	Grant
	(1)	Subject to section 61, the authority must, within 20 working days of the receipt of an application under section 47, or within 20 working days of the date specified in a notice under section 48 (1) (c) and after taking into account any submissions received in response to that notice, as the case requires—
	(a)	grant an environmental authorisation in relation to a specified activity, for the period and subject to the conditions (if any) specified in the authorisation; or
	(b)	refuse to grant an environmental authorisation in relation to a specified activity; or
	(c)	require the applicant to provide further specified information by a specified date, not earlier than 10 working days after the date of the notice; or
	(d)	request the Minister under section 94—
	(i)	to direct that an assessment be made of the possible environmental impact of the specified activity; or
	(ii)	to establish a panel to conduct an inquiry into the specified activity.
	(2)	If under subsection (1) (c) the authority requires the applicant to provide further information, the authority must within 10 working days after receiving the further information—
	(a)	grant the environmental authorisation under subsection (1) (a); or
	(b)	refuse to grant the environmental authorisation under subsection (1) (b); or
	(c)	make a request of the Minister under subsection (1) (d).
	(3)	If within 20 working days after the authority makes a request under subsection (1) (d) or (2) (c) the Minister has not acceded to the request, the authority must—
	(a)	grant the environmental authorisation under subsection (1) (a); or
	(b)	refuse to grant the environmental authorisation under subsection (1) (b); or
	(c)	require further information under subsection (1) (c).
	(4)	If under subsection (3) (c) the authority requires the applicant to provide further information, the authority must within 10 working days after receiving the further information—
	(a)	grant the environmental authorisation under subsection (1) (a); or
	(b)	refuse to grant the environmental authorisation under subsection (1) (b).
	(5)	If—
	(a)	before the authority makes a decision granting or refusing to grant an environmental authorisation under subsection (1), (2), (3) or (4), the Minister on his or her own initiative under section 94—
	(i)	directs that an assessment be made of the possible environmental impact of the specified activity; or
	(ii)	establishes a panel to conduct an inquiry into the specified activity; or
	(b)	before the authority makes a decision granting or refusing to grant an environmental authorisation under subsection (3), the Minister accedes to a request under subsection (1) (d) or (2) (c);
the authority must within 20 working days after receiving a copy of the assessment or report of the inquiry panel—
	(c)	grant the environmental authorisation under subsection (1) (a); or
	(d)	refuse to grant the environmental authorisation under subsection (1) (b).
	(6)	The authority must not grant an environmental authorisation in relation to a development unless an application to conduct that development has been approved under the Land Act, part 6 (Approvals and orders).
50	Notification of grant
	(1)	The authority must notify the applicant of its decision under section 49 granting an environmental authorisation.
	(2)	A notice under subsection (1) must—
	(a)	if the authorisation fee is payable by instalments—
	(i)	specify the amount of each instalment or the rate at which, or the formula or other method by which, each instalment is to be calculated; and
	(ii)	specify the due date for each instalment; or
	(b)	specify the amount of the authorisation fee and state that the fee is payable as a lump sum.
	(3)	The authority must also prepare a written notice stating that the authorisation—
	(a)	has been granted; and
	(b)	is available for public inspection under section 19 (Inspection of documents).
	(4)	The notice under subsection (3) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(5)	The authority must also publish the notice under subsection (3) in a daily newspaper.
	(6)	The notice must be notified under the Legislation Act, and published in a daily newspaper, within 10 working days after the day the decision is notified under subsection (1).
	(7)	The Minister may, in writing, declare that subsections (3) to (6) do not apply to an authorisation if satisfied that the activity authorised, if carried out in accordance with any conditions stated in the authorisation—
	(a)	is not likely to cause environmental harm; or
	(b)	is likely to cause environmental harm, but not material environmental harm.
	(8)	A declaration under subsection (7) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
51	Kinds of conditions
Subject to section 61, the conditions that the authority may impose under section 49 (1) (a) or section 60 are—
	(a)	conditions for the purposes of ensuring compliance with this Act and relevant best practice, including, for example—
	(i)	that the applicant commission an environmental audit in relation to a specified matter and submit for consideration by the authority under section 77 a report of the audit; or
	(ii)	that the applicant prepare and submit to the authority for approval under section 71 a draft environmental improvement plan; or
	(iii)	that the applicant prepare and submit to the authority for approval under section 84 a draft emergency plan; or
	(iv)	that the applicant provide to the authority under section 85 a financial assurance of a specified kind and amount; or
	(v)	that the applicant give to the authority specified information regarding the environmental impact of the activity at any specified time or times during the period of the environmental authorisation; or
	(vi)	that the applicant conduct specified environmental monitoring or testing; or
	(vii)	that the applicant comply with a specified provision of an industry standard or code of practice, that relates to minimising environmental harm; or
	(viii)	that the applicant comply with specified prescribed standards; or
	(ix)	that the applicant not begin the specified activity until the authority is satisfied of specified matters; and
	(b)	any other conditions the authority considers necessary.
Note	A fee may be determined under s 165 (Determination of fees etc) for this section.
52	Period of authorisation
	(1)	Environmental authorisations may be granted for the following periods:
	(a)	for a standard environmental authorisation or an accredited environmental authorisation—
	(i)	an unlimited period; or
	(ii)	a specified period of not longer than 3 years;
	(b)	for a special environmental authorisation—a specified period of not longer than 3 years.
	(2)	A standard environmental authorisation or accredited environmental authorisation granted for an unlimited period—
	(a)	takes effect on the day after the day when—
	(i)	if the annual fee under section 53 for the first year of the authorisation is payable by instalments—the first instalment is paid; or
	(ii)	if the annual fee under section 53 for the first year of the authorisation is payable as a lump sum—the fee is paid; and
	(b)	has effect until—
	(i)	the authorisation is cancelled under section 55 or section 63; or
	(ii)	the authorisation is surrendered under section 66.
	(3)	An environmental authorisation granted for a specified period—
	(a)	takes effect on the day after the day when—
	(i)	if the whole of period fee under section 53 for the authorisation is payable by instalments—the first instalment is paid; or
	(ii)	if the whole of period fee under section 53 for the authorisation is payable as a lump sum—the fee is paid; and
	(b)	has effect until—
	(i)	the end of the period specified in the authorisation; or
	(ii)	the authorisation is cancelled under section 55 or section 63; or
	(iii)	the authorisation is surrendered under section 66.
53	Authorisation fees
	(1)	The holder of a standard environmental authorisation granted for an unlimited period is liable to pay an annual fee for each year or part of a year that the authorisation is in effect.
	(2)	The holder of an environmental authorisation granted for a specified period is liable to pay a whole of period fee for the whole of the period for which the authorisation is granted.
	(3)	The holder of an accredited or special environmental authorisation is entitled to a reduction in the whole of period fee that would have been payable if, instead of that kind of environmental authorisation, the holder had been granted a standard environmental authorisation.
55	Nonpayment of fees
	(1)	If the holder of an environmental authorisation fails to pay an amount determined in relation to the authorisation when it is due, the authority must, by written notice to the holder—
	(a)	require that the amount be paid by the day specified in the notice; and
	(b)	advise the holder that, if the amount is not paid on or before that day, the authorisation will be cancelled.
	(2)	The authority must cancel an environmental authorisation if—
	(a)	a notice under subsection (1) has been sent to the holder of the authorisation; and
	(b)	the amount due has not been paid by the day specified in the notice.
57	Annual review of certain authorisations
	(1)	Subject to section 61, the authority must review annually—
	(a)	any standard environmental authorisation granted for an unlimited period; or
	(b)	any standard or special environmental authorisation granted for a specified period longer than 1 year.
	(2)	After conducting a review under subsection (1), the authority may take action under this Act or decide not to do so.
58	Review of accredited environmental authorisations
	(1)	The authority must, at least once in every 3 years after the grant of an accredited environmental authorisation, review the accreditation.
	(2)	After conducting a review, the authority may take action under this section or decide not to do so.
	(3)	If as a result of the review and after taking into account the matters mentioned in section 61, the authority is of the opinion that the activity conducted under the authorisation should not continue to be an accredited environmental authorisation, the authority must cancel the accredited environmental authorisation.
	(4)	If the authority takes action under subsection (3), the authorisation is taken (in relation to activities conducted after the date of cancellation) to be a standard environmental authorisation and to have been granted under section 49 for the unexpired period of the former accredited environmental authorisation.
59	Notification of review of environmental authorisations
	(1)	When a review under section 57 (1) or section 58 (1) is finished, the authority must prepare a written notice—
	(a)	stating the outcome of the review; and
	(b)	indicating that a copy of the review is available for public inspection under section 19 (Inspection of documents).
	(2)	The notice is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(3)	The authority must also publish the notice in a daily newspaper.
	(4)	The notice must be notified under the Legislation Act, and published in a daily newspaper, within 10 working days after the day the review is completed.
60	Variation
	(1)	Subject to section 61 and section 62, the authority may vary an environmental authorisation by written notice to the holder of the authorisation—
	(a)	on application by the holder; or
	(b)	if this Act has been amended since the authorisation was granted; or
	(c)	if the authority has reasonable grounds for believing—
	(i)	that—
	(A)	in conducting the authorised activity, the holder has contravened, is contravening or is likely to contravene the environmental authorisation, an environmental protection order or a provision of this Act; and
	(B)	as a result, serious or material environmental harm has happened, is happening or is likely to happen; or
	(ii)	that the potential for the authorised activity to cause serious or material environmental harm has changed; or
	(iii)	that the circumstances in which the environmental authorisation was granted or previously varied have changed in a material respect; or
	(iv)	that the environmental authorisation was granted or previously varied on the basis of false or misleading information.
	(2)	The authority may not vary the term of an environmental authorisation under this section.
61	Matters required to be taken into account for certain decisions under div 8.2
In making a decision under section 49 (1), section 51, section 57 or section 60 (1), the authority must take into account—
	(a)	the potential for the activity to cause environmental harm, including the likelihood over time of that potential changing or that harm being serious or material environmental harm; and
	(b)	the environmental record of the applicant; and
	(c)	any relevant environment protection policy; and
	(d)	the actual or potential economic and social benefits that are being or would be derived from the activity; and
	(e)	for a decision under section 60—
	(i)	the environmental record of the applicant since the environmental authorisation was granted or last varied, as the case may be; and
	(ii)	any submissions made in response to an invitation under section 62 (1) (c); and
	(f)	any other matters that the authority considers relevant.
62	Notice of intention to vary an authorisation
	(1)	Subject to subsection (2), before acting under section 60, the authority must give the holder of the environmental authorisation a notice—
	(a)	stating that the authority is proposing to vary the authorisation; and
	(b)	stating the nature of, and the reasons for, the proposed variation; and
	(c)	inviting a written submission on the proposed variation on or before a specified date, being a date 10 working days after the date of the notice.
	(2)	This section does not apply if—
	(a)	the variation is for the sole purpose of correcting an error or omission of a formal nature and the holder of the authorisation has given his or her written consent to the variation; or
	(b)	the authority—
	(i)	has reasonable grounds for believing that the authorised activity is causing, or in the immediate future will cause, serious or material environmental harm; and
	(ii)	is satisfied that the variation will assist in reducing or preventing that harm; or
	(c)	the variation is in accordance with an application under section 60 (1) (a).
63	Suspension and cancellation
	(1)	Subject to section 64, the authority may suspend or cancel an environmental authorisation by written notice to the holder of the authorisation if the authority has reasonable grounds for believing—
	(a)	that—
	(i)	in conducting the authorised activity, the holder has contravened or is contravening the environmental authorisation, an environmental protection order or a provision of this Act; and
	(ii)	as a result, serious or material environmental harm has happened or is happening; or
	(b)	that the holder has ceased to conduct the authorised activity; or
	(c)	that the environmental authorisation was granted or varied on the basis of false or misleading information.
	(2)	An environmental authorisation may be suspended under subsection (1) until the authority is satisfied that specified conditions are fulfilled.
	(3)	In making a decision under subsection (1), the authority must take into account—
	(a)	the environmental record of the applicant since the environmental authorisation was granted or last varied, as the case requires; and
	(b)	any submissions made in response to an invitation under section 64 (c).
64	Notice of intention to suspend or cancel an authorisation
Before acting under section 58 or section 63, the authority must give the holder of the environmental authorisation a notice—
	(a)	stating that the authority is—
	(i)	under section 58—proposing to cancel the authorisation; or
	(ii)	under section 63—proposing to suspend or cancel the authorisation, as the case may be; and
	(b)	stating the reasons for the proposed suspension or cancellation; and
	(c)	inviting a written submission on the proposed suspension or cancellation on or before a specified date, being a date 10 working days after the date of the notice.
65	Effect of suspension
For this Act, if an environmental authorisation to conduct an activity is suspended, the conduct of the activity is taken not to be authorised during the period of the suspension.
66	Surrender of environmental authorisation
The holder of an environmental authorisation may surrender the authorisation by written notice to the authority.
67A	Recognised environmental authorisations
	(1)	The Minister may, in writing, declare a licence, authorisation, permit, notice or approval issued, granted or given under a law of a State or another Territory to conduct an activity of the kind specified in schedule 1, section 2 to be a recognised environmental authorisation to which this division applies.
	(2)	A declaration under subsection (1) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
67	Notification of ceasing activity
If the holder of an environmental authorisation ceases permanently to conduct the authorised activity, the holder must not fail, without reasonable excuse, to notify the authority in writing within 10 working days of that cessation.
Maximum penalty:  10 penalty units.

Part 9	Environmental protection
Division 9.1	Environmental improvement plans
68	Contents of environmental improvement plan
	(1)	For section 69, an environmental improvement plan in relation to an activity must, having regard to relevant best practice, specify—
	(a)	the matters addressed by the plan; and
	(b)	the ways in which the conduct of the activity will be altered—
	(i)	to minimise or reduce the adverse environmental impact of the activity; and
	(ii)	to ensure that the activity is conducted in accordance with this Act; and
	(c)	a timetable for the implementation of each part of the plan.
	(2)	An environmental improvement plan may include a requirement that specified monitoring or testing be conducted to assess the environmental impact of the activity.
69	Authority may require environmental improvement plan
	(1)	The authority may by written notice require a person conducting, or proposing to conduct, an activity to prepare or cause to be prepared and to submit for approval to the authority a draft environmental improvement plan in relation to the activity if the authority—
	(a)	has reasonable grounds for believing—
	(i)	that, in conducting the activity, the person has contravened, is contravening or is likely to contravene an environmental authorisation, an environmental protection order or a provision of this Act; and
	(ii)	that, as a result, serious or material environmental harm has happened, is happening or is likely to happen; and
	(b)	is satisfied that changes in the method of conducting the activity would reduce the likelihood of that contravention or resultant harm.
	(2)	A notice under subsection (1) must—
	(a)	specify the grounds on which the draft environmental improvement plan is required; and
	(b)	outline the facts and circumstances forming the basis for the grounds; and
	(c)	specify any particular matters that must be addressed in the draft plan; and
	(d)	specify a date, not earlier than 20 working days after the date of the notice, on or before which the person must submit the draft plan to the authority; and
	(e)	specify—
	(i)	the fee that must be paid when the draft plan is submitted; or
	(ii)	the rate at which, or the formula or other method by which, that fee is to be calculated.
	(3)	A person must not fail to comply with a notice under subsection (1).
Maximum penalty (subsection (3)):  50 penalty units.
71	Approval of environmental improvement plan
	(1)	If the authority receives a draft environmental improvement plan submitted in compliance with—
	(a)	a notice under section 69 (1); or
	(b)	a condition of an environmental authorisation;
the authority must, within 20 working days of that receipt, by written notice—
	(c)	approve the draft plan and require the person who submitted the plan to implement the plan as approved; or
	(d)	reject the draft plan and require the person to—
	(i)	amend the draft plan in accordance with any requirements specified in the notice; and
	(ii)	resubmit the draft plan to the authority.
	(2)	If the authority requires a person to resubmit a draft plan under subsection (1) (d), the authority must, by written notice to the person within 10 working days of receipt of the resubmitted draft plan—
	(a)	approve the draft plan and require the person to implement the plan as approved; or
	(b)	reject the draft plan.
	(3)	A person must not fail to comply with—
	(a)	a notice under subsection (1) (c) or (2) (a) requiring the person to implement the plan approved under that paragraph; or
	(b)	a notice under subsection (1) (d) requiring the person to amend the draft plan and resubmit it to the authority.
Maximum penalty (subsection (3)):  50 penalty units.
72	Accreditation of voluntary improvement plans
	(1)	A person who is conducting, or proposing to conduct, an activity may apply to the authority for accreditation of an environmental improvement plan in relation to the activity that the person has, on his or her own initiative, prepared or caused to be prepared.
	(2)	An application must include—
	(a)	a request that the plan be accredited under this section; and
	(b)	a copy of the plan, specifying the period during which the plan is proposed to be implemented and the measures proposed to be taken under the plan to achieve the best environmental practice.
	(3)	The authority may accredit an environmental improvement plan under this section if satisfied that, as a result of implementing the plan, over the specified period environmental harm would be reduced to the maximum extent reasonably possible.
	(4)	In making a decision under subsection (3), the authority must take into account—
	(a)	the extent to which the objects of this Act would be furthered by accrediting the plan; and
	(b)	the nature of the activity, particularly the potential of the activity to cause serious or material environmental harm; and
	(c)	the state of available technology.
Division 9.2	Environmental audits
73	Meaning of auditor for div 9.2
In this division:
auditor, in relation to an environmental audit, means the person who conducts the audit.
74	Conduct of audits
For section 76 or section 78, an environmental audit is an assessment of an activity to decide—
	(a)	the source, cause or extent of environmental harm being caused, or likely to be caused, by the activity; and
	(b)	the need for any alteration of management practices to reduce the environmental impact of the activity; and
	(c)	the extent and nature of any contravention, or likely contravention, of an environmental authorisation, an environment protection order or a provision of this Act.
75	Certain auditors to be approved
	(1)	An environmental audit for section 76 or section 78 must be conducted by a person approved by the authority to conduct the environmental audit.
	(2)	The authority must not approve a person under subsection (1) unless satisfied that the person—
	(a)	has appropriate qualifications and experience to enable the person to conduct the audit; and
	(b)	meets the prescribed criteria.
	(3)	For this section, the authority must prepare and maintain a list of approved auditors whom it is satisfied meet the requirements of subsection (2).
	(4)	The authority must remove the name of an auditor from the list maintained under subsection (3) if satisfied that the auditor no longer meets the prescribed criteria.
	(5)	An auditor is taken to be on a list maintained for subsection (3) for so long as the name of the auditor appears on a list of auditors maintained under a corresponding law of a State or another Territory.
	(6)	A condition applying to a person whose name appears on a list of auditors maintained under a corresponding law of a State or another Territory applies to that person when conducting an audit under this Act.
76	Authority may require environmental audit
	(1)	The authority may by written notice require a person conducting, or proposing to conduct, an activity to commission an environmental audit of the activity and submit a report on the audit to the authority, if the authority has reasonable grounds for believing that—
	(a)	in conducting the activity, the person—
	(i)	has contravened, is contravening or is likely to contravene an environmental authorisation, an environmental protection order or a provision of this Act;  or
	(ii)	has breached, is breaching or is likely to breach an environmental protection agreement; and
	(b)	if the person were to conduct the proposed activity, the person may contravene an environmental authorisation, an environmental protection order or a provision of this Act, or may breach an environmental protection agreement; and
	(c)	as a result, serious or material environmental harm has happened, is happening or may happen.
	(2)	The authority may, by written notice, require a person to commission an environmental audit of contaminated land.
	(3)	An auditor must not carry out an audit for subsection (2) if the auditor carried out an assessment or remediation of the land to which the audit relates.
	(4)	A notice under subsection (1) must—
	(a)	specify the grounds on which the audit is required; and
	(b)	outline the facts and circumstances forming the basis for the grounds; and
	(c)	specify any particular matters that must be addressed in the audit; and
	(d)	specify a date, not earlier than 20 working days after the date of the notice, on or before which the person must submit the auditor’s report to the authority; and
	(e)	specify—
	(i)	the fee that must be paid when the auditor’s report is submitted; or
	(ii)	the rate at which, or the formula or other method by which, that fee is to be calculated.
	(5)	A person must not fail to comply with a notice under subsection (1).
Maximum penalty:  50 penalty units.
	(6)	A reference in subsection (1) to conducting an activity includes a reference to a variation or proposed variation of how the activity is conducted.
76A	Requests for auditor’s statements
	(1)	An auditor must, within 7 working days of receiving a request under this or another Act to carry out an audit of contaminated land, give to the authority a statement specifying—
	(a)	the name of the person making the request; and
	(b)	the location of the land to which the audit relates; and
	(c)	an estimation of the time within which the audit will be completed.
	(2)	An auditor must, within 15 working days after completing an audit, give to the authority a copy of the site audit statement.
76B	Annual returns—auditors
An auditor must, within 60 working days after the end of each financial year, give to the authority a report about each audit of contaminated land carried out under this Act or another Act during that year.
Note	If a form is approved under s 165A (Approved forms) for a report, the form must be used.
77	Authority’s response to environmental audit report
	(1)	If the authority receives an environmental audit report submitted in compliance with—
	(a)	a notice under section 76 (1); or
	(b)	a condition of an environmental authorisation;
the authority must, within 20 working days of that receipt, consider the report and by written notice—
	(c)	require the person who submitted the report to provide further specified information by the specified date, not less than 10 working days after the date of the notice; or
	(d)	advise the person that the authority intends to take specified action under this Act in relation to the activity assessed by the audit; or
	(e)	advise the person that no further action will be taken by the authority in relation to the audit report.
	(2)	If the authority requires a person to provide further information under subsection (1) (c), the authority must take action under subsection (1) (d) or (e) by written notice to the person within 10 working days of—
	(a)	receipt of the further information; or
	(b)	the end of the date specified in the notice under subsection (1) (c);
whichever happens first.
	(3)	A person must not fail to comply with a notice under subsection (1) (c) requiring the person to provide further specified information by a specified date.
Maximum penalty (subsection (3)):  50 penalty units.
78	Protection for reports of voluntary audits
	(1)	A person who is conducting, or proposing to conduct, an activity may apply to the authority to obtain the protection of this section in relation to an environmental audit of the activity that the person, on his or her own initiative, proposes to commission.
	(2)	An application must include—
	(a)	a request that the applicant be granted protection under this section; and
	(b)	a detailed outline of the matters to be addressed by the audit and how those matters will be addressed.
	(3)	The authority may grant an applicant protection under this section in relation to a specified environmental audit if satisfied that the objects of this Act would be better furthered by granting protection than by not doing so.
	(4)	A grant under subsection (3) may be made subject to conditions, including—
	(a)	that the report of the audit must address, and may only address, specified matters; and
	(b)	that the report be prepared in a specified way.
	(5)	A person who has been granted protection under this section in relation to an environmental audit must submit to the authority a copy of the auditor’s report within 20 working days after receiving the report.
Maximum penalty:  50 penalty units.
Note	A fee may be determined under s 165 for this subsection.
	(6)	Subject to compliance with the conditions (if any) of a grant of protection made under subsection (3), the environmental audit report specified in the grant is not admissible in evidence against the applicant in any proceedings for the enforcement of this Act.
	(7)	This section does not affect—
	(a)	the obligation of the holder of an environmental authorisation to comply with the conditions of the authorisation; or
	(b)	the obligation of a person to notify the authority under section 23.
79	Protection does not extend to environment protection orders
A grant of protection under section 78 does not prevent the authority from serving an environment protection order in relation to a matter addressed in the audit report.
Division 9.3	Emergency plans
80	Definitions for div 9.3
In this division:
environmental emergency means a foreseeable occurrence that, if it occurred, would be likely to cause—
	(a)	the entry into the environment of a measure of a pollutant that exceeds the measure authorised by or under this Act; and
	(b)	as a result of the entry of that excess pollutant, serious or material environmental harm.
preparation requirements means a course of action mentioned in section 81 (1) (b).
81	Contents of emergency plan
	(1)	An emergency plan—
	(a)	must specify a course of action to be undertaken by a person conducting an activity in the event of a specified kind of environmental emergency occurring in the conduct of that activity; and
	(b)	may specify a course of action to be undertaken to prepare for the possible future occurrence of such an emergency; and
	(c)	may specify a timetable for the implementation of any preparation requirements.
	(2)	An emergency plan may address 1 or more environmental emergencies.
82	Authority may require emergency plan
	(1)	The authority may, by written notice require a person conducting, or proposing to conduct, an activity to prepare and submit for approval to the authority a draft emergency plan in relation to the activity, if the authority has reasonable grounds for believing that 1 or more specified environmental emergencies may occur during the conduct of that activity.
	(2)	A notice under subsection (1)—
	(a)	must specify the grounds on which the draft emergency plan is required; and
	(b)	must outline the facts and circumstances forming the basis for the grounds; and
	(c)	must specify the environmental emergencies that must be addressed in the draft plan; and
	(d)	may specify that certain preparation requirements be included in the draft plan; and
	(e)	may require that the draft plan be prepared on the person’s behalf by a person who holds specified qualifications; and
	(f)	may require that specified inquiries be undertaken by that person before preparing the draft plan; and
	(g)	must specify a date (not earlier than 20 working days after the date of the notice) on or before which the person must submit the draft plan to the authority; and
	(h)	must specify—
	(i)	the fee that must be paid when the draft plan is submitted; or
	(ii)	the rate at which, or the formula or other method by which, that fee is to be calculated.
	(3)	A person must not fail to comply with a notice under subsection (1).
Maximum penalty (subsection (3)):  50 penalty units.
84	Approval of emergency plan
	(1)	If the authority receives a draft emergency plan submitted in compliance with—
	(a)	a notice under section 82 (1); or
	(b)	a condition of an environmental authorisation;
the authority must, within 20 working days of that receipt, by written notice—
	(c)	approve the draft plan and require the person who submitted the plan to implement any preparation requirements included in the plan as approved; or
	(d)	reject the draft plan and require the person to—
	(i)	amend the draft plan in accordance with any requirements specified in the notice; and
	(ii)	resubmit the draft plan to the authority.
	(2)	If the authority requires a person to resubmit a draft plan under subsection (1) (d), the authority must, by written notice to the person within 10 working days of receipt of the resubmitted draft plan—
	(a)	approve the draft plan and require the person to implement any preparation requirements included in the plan as approved; or
	(b)	reject the draft plan.
	(3)	A person must not fail to comply with—
	(a)	a notice under subsection (1) (c) or (2) (a) requiring the person to implement the preparation requirements included in the plan approved under that paragraph; or
	(b)	a notice under subsection (1) (d) requiring the person to amend the draft plan and resubmit it to the authority.
Maximum penalty:  50 penalty units.
Division 9.4	Financial assurances
85	Authority may require financial assurance
	(1)	The authority may, as a condition of an environmental authorisation, require the holder of the authorisation to provide a financial assurance to the authority if satisfied that the condition is justified having regard to—
	(a)	the likelihood that the authorised activity will cause serious or material environmental harm other than harm permitted by or under this Act; and
	(b)	the likelihood that action will need to be taken in the future to remedy the environmental harm described in paragraph (a); and
	(c)	the environmental record of the holder of the authorisation; and
	(d)	any other matter the authority considers relevant.
	(2)	A financial assurance must be in the form of—
	(a)	a bank guarantee; or
	(b)	a bond; or
	(c)	an insurance policy; or
	(d)	another form of security that the authority considers appropriate.
	(3)	The authority must not require financial assurance of an amount greater than the total amount that the authority has reasonable grounds for believing is likely to be needed to remedy the foreseeable environmental harm that could result from the conduct of the authorised activity.
	(4)	A financial assurance must be provided—
	(a)	for the period specified in the authorisation; or
	(b)	if no period is so specified, until—
	(i)	the authorisation is varied to remove the condition requiring the financial assurance; or
	(ii)	the authorisation is cancelled under section 55 or section 63 or is surrendered under section 66.
86	Show cause why financial assurance should not be provided
	(1)	If the authority proposes to grant an environmental authorisation subject to a condition requiring the provision of a financial assurance, the authority must give the applicant written notice of its intention to impose the condition.
	(2)	A notice under subsection (1) must —
	(a)	specify the grounds on which the condition is proposed to be imposed; and
	(b)	specify the amount and form of the financial assurance proposed to be required; and
	(c)	invite the applicant to show cause why the condition should not be imposed; and
	(d)	specify the date, not earlier than 20 working days after the date of the notice, on or before which any representations under paragraph (c) are to be made.
	(3)	Within 20 working days after the end of the period allowed under subsection (2) (d) for representations, the authority must —
	(a)	notify the applicant that the condition is or is not being imposed; and
	(b)	if it is being imposed—specify in the notice the date, not earlier than 10 working days after the date of the notice, on or before which the financial assurance must be provided.
87	Non-provision of financial assurance
If a financial assurance required as a condition of an environmental authorisation is not provided on or before the due date, the authority must cancel the authorisation.
88	Claim on or realisation of financial assurance
	(1)	This section applies if the authority incurs, or will incur, costs and expenses in taking action to remedy serious or material environmental harm—
	(a)	that was caused by an authorised activity in relation to which a financial assurance has been provided; and
	(b)	that is within the class of harm in relation to which the financial assurance may be claimed or realised; and
	(c)	that was not permitted by or under this Act.
	(2)	The authority may recover the reasonable costs and expenses of taking the action by making a claim on or realising the financial assurance or part of it.
89	Notice before claim on or realisation of a financial assurance
	(1)	Before acting under section 88, the authority must give to the holder of the environmental authorisation in relation to which the financial assurance was provided, a written notice—
	(a)	specifying the environmental harm caused by the authorised activity; and
	(b)	giving details of the action taken, or to be taken, to remedy the environmental harm; and
	(c)	specifying the amount of the financial assurance to be claimed or realised; and
	(d)	inviting the holder of the authorisation to make a written representation to the authority to show why the financial assurance should not be claimed or realised as proposed on or before a specified date (not earlier than 20 working days after the date of the notice).
	(2)	The authority must, within 20 working days after the date specified in the invitation under subsection (1) (d) and taking into account any representations made in response to the invitation—
	(a)	decide whether or not to make a claim on or realise the financial assurance or part of it; and
	(b)	give the holder of the authorisation written notice of that decision.
90	Recovery of extra costs
	(1)	If the amount recovered by the authority by a claim on or by realising a financial assurance (the realised assurance) is less than the reasonable costs and expenses that the authority incurred or will incur in taking action to remedy the environmental harm caused by the authorised activity (the reasonable costs and expenses), the authority may give the holder of the environmental authorisation written notice requiring the holder to pay the specified amount, being the difference between the reasonable costs and expenses and the realised assurance.
	(2)	The notice must specify the date, not earlier than 20 working days after the date of the notice, on or before which the specified amount is required to be paid.
	(3)	If—
	(a)	the authority has given a person a notice under subsection (1); and
	(b)	the holder of the environmental authorisation has failed to pay the specified amount on or before the specified date;
so much of the specified amount as remains unpaid, together with interest on the unpaid amount, is a debt due to the Territory by the holder.
Note	A rate of interest may be determined under s 165 for this subsection.
91	Money held by Territory as financial assurance
If an amount  of money is held by the Territory as a financial assurance or part of a financial assurance, the following provisions apply:
	(a)	interest accrues on so much of that original amount as from time to time remains unclaimed by the authority under section 89;
	(b)	for the purposes of any claim the authority may make under section 89, the financial assurance is taken to include any accrued interest other than interest to which the holder of the authorisation is entitled to be paid under paragraph (c);
	(c)	during the period the financial assurance is required, on each anniversary of the payment of the original amount, the holder of the authorisation is entitled to be paid by the Territory so much of the interest that accrued during the year that ended on the day before that anniversary as remains unclaimed by the authority under section 89;
	(d)	when—
	(i)	the financial assurance is no longer required by the authority; or
	(ii)	the environmental authorisation is cancelled under section 55 or section 63 or is surrendered under section 66;
so much of the original amount and accrued interest as remains unclaimed by the authority under section 89 must be paid by the Territory to the holder of the authorisation.
Note	A rate of interest may be determined under s 165 for par (a).
Division 9.5	Assessment and remediation 
91A	Definitions for div 9.5
	(1)	In this division:
approved use, in relation to land, means use—
	(a)	that is consistent with the national capital plan or the territory plan, as the case requires; and
	(b)	for leased land—that is permitted by the lease.
national environment protection measure means a national environment protection measure made under the National Environment Protection Council Act 1994, section 13 (1) as in force from time to time.
substance includes matter or thing.
	(2)	For this division, an environmental audit for assessment or remediation of contaminated land is an audit by an auditor—
	(a)	that relates to an assessment or remediation carried out (whether under this Act or otherwise) in relation to actual or possible contamination of land; and
	(b)	that is conducted for the purposes of deciding any 1 or more of the following:
	(i)	the nature and extent of the assessment or remediation undertaken;
	(ii)	the nature and extent of any contamination or remaining contamination of the land;
	(iii)	what further assessment or remediation is necessary before the land is suitable for any specified use or range of uses.
	(iv)	the appropriateness of any remediation plan, long-term management plan, assessment proposal or remediation proposal.
91B	Assessment of risk of harm
	(1)	For this division, to assess whether land is contaminated with 1 or more substances in such a way as to present, or to be likely to present a significant risk of harm to human health, or a risk of material environmental harm or serious environmental harm, the authority must include a consideration of all of the following matters in the assessment:
	(a)	whether the contamination of the land has already caused harm;
	(b)	whether the substances are toxic, persistent or bioaccumulative or are present in large quantities or high concentrations or occur in combinations;
	(c)	whether there are routes by which the substances may proceed from the source of the contamination to human beings or other aspects of the environment;
	(d)	whether the uses to which the land and land adjoining it are currently being put are such as to increase the risk of harm;
	(e)	whether the use of the land and land adjoining it, being a use permitted by the lease to which the land is subject, is such as to increase the risk of harm;
	(f)	whether the substances have migrated or are likely to migrate from the land (whether because of the nature of the substances or the nature of the land);
	(g)	any environment protection policy made by the authority on contamination and remediation;
	(h)	any relevant national environment protection measure.
	(2)	Subject to subsection (3), land may be regarded at any particular time as being contaminated in such a way as to present a significant risk of harm even if the harm could come into existence only in certain circumstances of occupation or use of the land and those circumstances do not exist at that time.
	(3)	Land shall be regarded in the way mentioned in subsection (2), if the circumstances are reasonably foreseeable, and consistent with the approved use of the land, at that time.
91C	Order to assess whether land contaminated
	(1)	If the authority has reasonable grounds for believing that land is contaminated in such a way as to cause, or be likely to cause, either a significant risk of harm to human health or a significant risk of material environmental harm or serious environmental harm, or both, the authority may—
	(a)	by written notice served on the appropriate person, order the appropriate person to conduct an assessment of the land; or
	(b)	itself conduct the assessment.
	(2)	An order under subsection (1) must —
	(a)	be in writing; and
	(b)	specify—
	(i)	the person to whom the order relates; and 
	(ii)	the land to which the order relates; and
	(iii)	the period within which the assessment is to be conducted; and
	(iv)	the nature of the contamination that the authority has reasonable grounds for believing is causing, or is likely to cause, a significant risk of harm to human health or a significant risk of material environmental harm or serious environmental harm; and
	(v)	the action that the person subject to the order must take in assessing and reporting; and
	(vi)	any other requirements the authority considers appropriate having regard to the nature and extent of the contamination and the physical attributes of the land.
	(3)	The action that may be required to be taken under subsection (2) (b) (vi) includes, but is not limited to, the following:
	(a)	that the person serve notice of the order on the occupiers of land access to which is necessary for the person to carry out the assessment and, if an occupier is not the lessee of that land, serve notice on the lessee;
	(b)	that the person make progress reports to the authority on the assessment;
	(c)	that the person advertise and conduct meetings to give progress reports to the public, and to receive public comment, on the assessment.
	(4)	A person to whom an order is given under subsection (1) must —
	(a)	conduct the assessment—
	(i)	within the period specified in an order under subsection (1); and
	(ii)	in accordance with the prescribed standards and procedures for carrying out an assessment, including standards and procedures specified in a relevant national environment protection measure; and
	(iii)	otherwise in accordance with the terms of the order; and
	(b)	commission an environmental audit of the assessment by an auditor approved under section 75.
	(5)	In preparing a report of an audit for this section, the auditor commissioned to conduct the assessment must have regard to—
	(a)	the provisions of this Act; and
	(b)	the permitted and approved uses of the land to which the assessment relates; and
	(c)	the degree or extent of contamination; and
	(d)	any relevant environmental protection policies; and
	(e)	any relevant national environment protection measures.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
	(6)	For subsection (4) (b), the person to whom the order is given must submit the name of an auditor to the authority for approval within 10 working days of the date of the order.
	(7)	Despite section 75, the authority must not approve an auditor for this section unless the auditor meets the prescribed criteria.
	(8)	A person who, without reasonable excuse, contravenes subsection (4) commits an offence.
Maximum penalty:  50 penalty units.
91D	Order to remediate land
	(1)	If the authority has reasonable grounds for believing that the land to which the audit relates is contaminated in such a way as to cause, or be likely to cause, either a significant risk of harm to human health or a significant risk of material environmental harm or serious environmental harm, or both, the authority may—
	(a)	by written notice served on an appropriate person, order the appropriate person to remediate the land; or
	(b)	itself conduct the remediation.
	(2)	An order under subsection (1) must —
	(a)	be in writing; and
	(b)	specify—
	(i)	the person or people to whom the order relates; and
	(ii)	the land to which the order relates; and
	(iii)	the period within which the remediation is to be conducted; and
	(iv)	the nature of the contamination that the authority has reasonable grounds for believing is causing, or is likely to cause, a significant risk of harm to human health or a significant risk of material environmental harm or serious environmental harm; and
	(v)	the action that the person subject to the order must take in remediating and reporting; and
	(vi)	any other requirements the authority considers appropriate having regard to the nature and extent of the contamination and the physical attributes of the land.
	(3)	The action that may be required to be taken under subsection (2) (b) (vi) includes, but is not limited to, the following actions:
	(a)	that the person serve notice of the order on the occupiers of land access to which is necessary for the person to carry out the remediation and, if an occupier is not the lessee of that land, serve notice on the lessee;
	(b)	that the person make progress reports to the authority on the remediation;
	(c)	that the person advertise and conduct meetings to give progress reports to the public, and to receive public comment, on the remediation.
	(4)	A person to whom an order is given under subsection (1) must—
	(a)	conduct the remediation—
	(i)	within the period specified in an order under subsection (1); and
	(ii)	in accordance with the prescribed standards and procedures for carrying out remediation, including standards and procedures specified in a relevant national environment protection measure; and
	(iii)	otherwise in accordance with the terms of the order; and
	(b)	commission an environmental audit of the remediation by an auditor approved under section 75.
	(5)	In preparing a report of an audit for this section, the auditor commissioned to conduct the remediation must have regard to—
	(a)	the provisions of this Act; and
	(b)	the permitted and approved uses of the land to which the assessment relates; and
	(c)	the degree or extent of contamination; and
	(d)	any relevant environmental protection policies; and
	(e)	any relevant national environment protection measures.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
	(6)	For subsection (4) (b), the person to whom the order is given must submit the name of an auditor to the authority for approval within 10 working days of the date of the order.
	(7)	Despite section 75, the authority must not approve an auditor for this section unless the auditor meets the prescribed criteria.
	(8)	The lessee of land to whom an order is given under subsection (1) must not, without the consent of the authority, transfer or sublet the land while the order is in force.
	(9)	A person who, without reasonable excuse, contravenes subsection (4) commits an offence.
Maximum penalty:  200 penalty units.
91E	Notification of certain people about orders for assessment or remediation
	(1)	The authority must, by written notice, notify the occupier and, if the occupier is not the lessee, the lessee, of land adjacent to land to which section 91C (1) or section 91D (1) relates—
	(a)	that notice of an assessment or remediation of the land has been given to the appropriate person; or
	(b)	that the authority is carrying out the requirements of an assessment order or remediation order in relation to the land.
	(2)	A notice under subsection (1) must —
	(a)	invite the person to whom notice is given to make written submissions to the authority within 21 days beginning the day after the day the person received the notice; and
	(b)	state the places where a copy of any of the following documents may be inspected:
	(i)	a report of the outcome of an assessment under section 91C (1);
	(ii)	a progress report on the assessment under section 91C (3);
	(iii)	an assessment under section 91C (4) (a);
	(iv)	an audit under section 91C (4) (b);
	(v)	a report of the outcome of an assessment under section 91D (1);
	(vi)	a progress report on the assessment under section 91D (3);
	(vii)	an audit under section 91C (4) (b).
91F	Certain documents to be available free of charge
The authority must—
	(a)	make available for inspection by any person free of charge a document mentioned in section 91E (2) (b); and
	(b)	on the request of a person, give a copy of a document mentioned in that paragraph to the person free of charge.
91G	Extension of time
	(1)	The authority may, on written application by a person on whom an order is served under section 91C (1) or section 91D (1) for an extension of the period within which the person must conduct an assessment or remediation—
	(a)	extend or refuse to extend the period; or
	(b)	extend the period for a period less than that applied for.
	(2)	In deciding whether or not to extend the period, the authority must have regard to—
	(a)	the period of extension for which application is made; and
	(b)	whether the contamination is causing, or is likely to cause, a significant risk of harm to human health or a risk of material environmental harm or serious environmental harm.
91H	Further information
For section 91C and section 91D, the authority may, by written notice, require an auditor to give to the authority, either orally or in writing, the further information relating to an assessment or remediation that is specified in the notice.
91I	Choice of appropriate person
	(1)	For section 91C (1) and section 91D (1), an appropriate person must be chosen from among the following people in the following order:
	(a)	a person who had principal responsibility for the contamination of the land with the substance (whether or not there were other people who had responsibility for the contamination of the land with the substance) or, if that is not practicable, the person referred to in paragraph (b);
	(b)	a lessee of the land (whether or not the person had any responsibility for the contamination of the land with the substance) or, if that is not practicable, the person mentioned in paragraph (c);
	(c)	a notional lessee of the land (whether or not the person had any responsibility for the contamination of the land with the substance).
	(2)	If there is more than 1 person in the category of appropriate person specified in subsection (1), the authority may, but is not required to, make more than 1 person in the category the subject of the order.
	(3)	For this section, the choice of a person is to be regarded as not practicable if—
	(a)	the authority cannot, after reasonable inquiry, ascertain the identity or location of the person; or
	(b)	in the opinion of the authority, the person does not have the resources to comply with the order.
Division 9.6	Costs of assessment and remediation
91J	Meaning of assessment order and remediation order—pt 9
In this part:
assessment order means an order under section 91C (1).
remediation order means an order under section 91D (1).
91K	Recovery of costs associated with assessment or remediation
	(1)	If the authority takes action under section 91C (1) (b) or section 91D (1) (b), the authority may, by written notice, require an appropriate person against whom an order under that section may be made, to pay to the authority the reasonable costs and expenses incurred by it in taking that action.
	(2)	The notice must specify the date, not earlier than 20 working days after the date of the notice, on or before which the amount is to be paid.
	(3)	If—
	(a)	the authority has given a person a notice under subsection (2); and
	(b)	the person has failed to pay the specified amount on or before the specified date;
so much of the amount as remains unpaid, together with interest on the unpaid amount, is a debt due to the Territory by that person.
Note	A rate of interest may be determined under s 165 for this subsection.
91L	Priority for costs if owner insolvent
If the authority carries out the requirements of an assessment order or remediation order in relation to land disclaimed (by a liquidator or trustee in bankruptcy) as onerous property in the course of proceedings for winding up or bankruptcy, the authority may recover the cost of carrying out the order together with a rate of interest and reasonable costs and expenses so incurred, in priority to any holder of security over the land.
Note	A rate of interest may be determined under s 165 for this section.
91M	Recovery of costs—assessment and remediation
	(1)	A person who carries out the requirements of an assessment or remediation under division 9.5 in relation to the contamination of land with a substance who was not responsible for the contamination, may recover in a court of competent jurisdiction a part of the person’s costs in carrying out those requirements from each person who did have the responsibility.
	(2)	A person who carries out the requirements of an assessment or remediation under division 9.5 in relation to the contamination of land with a substance who was responsible for the contamination, may recover in a court of competent jurisdiction from each other person who had responsibility for the contamination a part of the first person’s costs in carrying out those requirements.
	(3)	A reference in subsections (1) and (2) to the recovery of a part of a person’s costs is a reference to the recovery of a part of the costs that is just and reasonable in the circumstances including the following circumstances:
	(a)	the proportion of responsibility of each person for the contamination;
	(b)	the reasonable cost of the remediation (if any) carried out by each person in relation to the contamination.
91N	Costs—person responsible for contamination
In any proceedings under section 91M to recover from a person the cost of carrying out an assessment order or remediation order in relation to any land, the person is taken to have responsibility for contamination on that land, unless it is established that the contamination was not caused by the person, if—
	(a)	the person carried on activities on the land; and
	(b)	activities of the kind carried on generate or consume the same substances as those that caused the contamination or generate or consume substances that may be converted by reacting with each other or by the action of natural processes on the land into substances that are the same as those that caused the contamination.
91O	Liability for losses
	(1)	A person who, with the permission of the occupier of land, enters any land, or does anything else on land, as required by an assessment order or remediation order, is liable to the occupier of the land for any loss suffered by the occupier as a result of the entry or other actions (including any loss suffered by the occupier because of the interruption to the occupier’s business on that land by that entry or those actions).
	(2)	A person (other than the lessee of land) who, with the permission of the occupier, enters the land or does anything else on the land, as required by an assessment order or remediation order, is liable to the lessee of the land for any loss suffered by the lessee as a result of the entry or those actions or for any injury to the land caused by that person.
	(3)	In addition to any liability that a person may have under subsection (1) or (2), the person has a duty to meet the reasonable costs and expenses of the lessee and the occupier of land, as the case requires, in providing access to that land as mentioned in this section.
	(4)	A person has a duty—
	(a)	to take reasonable steps—
	(i)	to minimise the loss, and injury, mentioned in this section caused by the person’s actions; and
	(ii)	toward restitution in relation to that loss or injury; and
	(c)	to compensate the party that suffered the loss, or injury, for which the person is liable to the extent that restitution is not practicable.
91P	Director of body corporate that is wound up
	(1)	The Supreme Court may make an order under this section only if satisfied, on an application by the authority, that—
	(a)	the person was a director of, or a person concerned in the management of, the body corporate at the time when the assessment order or remediation order was made; and
	(b)	there is reason to believe that the body corporate was wound up as part of a scheme to avoid compliance with the assessment order or remediation order.
	(2)	The Supreme Court may order a person to comply with an assessment order or remediation order at the person’s own expense if the person was a director of, or a person concerned in the management of, a body corporate that—
	(a)	has been wound up within 2 years before the court’s order is made; and
	(b)	has failed to comply with the assessment order or remediation order.
	(3)	There is reason for belief of the kind mentioned in subsection (1) (b) if—
	(a)	the body corporate carried out 1 or more transactions—
	(i)	that were voidable because of the Corporations Act, section 588FE; or
	(ii)	that were such that the liquidator of the body corporate had a right to recovery of cash under the Corporations Act, section 567; or
	(iii)	by which the body corporate incurred a debt in relation to which a person contravened the Corporations Act, section 588G; and
	(b)	there was (at the time or times when the body corporate entered those transactions or a substantial part of them) reason to believe that the land was contaminated; and
	(c)	if a regulation made for this section applies—the prescribed conditions are satisfied.
	(4)	The Supreme Court must not make an order under this section if the person against whom the order would be made satisfies the court that—
	(a)	the person exercised due diligence to prevent the body corporate from avoiding compliance with the assessment order or remediation order; or
	(b)	the person could not reasonably have been expected to be aware of a scheme to avoid compliance with the assessment order or remediation order; or
	(c)	the person was not in a position to influence the conduct of the body corporate in relation to that scheme.
	(5)	The fact that the relevant assessment order or remediation order was partially complied with by the body corporate does not exclude the possibility that there is reason to form the belief mentioned in subsection (3).
	(6)	For this section, the fact that steps are taken to windup a body corporate before the authority makes an assessment order or remediation order in relation to the body corporate does not preclude the Supreme Court from finding that there is reason to believe that the body corporate was wound up as part of a scheme to avoid compliance with the order.
91Q	Director of body corporate that disposed of land
	(1)	The Supreme Court may order a person to comply with an assessment order or remediation order at the person’s own expense if—
	(a)	the person was a director of, or a person concerned in the management of, a body corporate that transferred land within 2 years before the court’s order is made; and
	(b)	the transferee has failed to comply with the assessment order or remediation order in relation to the land.
	(2)	The person must comply with the assessment order or remediation order, subject to any modification by the Supreme Court.
	(3)	The Supreme Court may make an order under this section only if satisfied, on an application by the authority that—
	(a)	the person was a director of, or a person concerned in the management of, the body corporate at the time of the transfer of the land or at the time when the assessment order or remediation order was made in relation to the transferee; and
	(b)	there is reason to believe that the body corporate transferred the land as part of a scheme to avoid having itself to carry out assessment or remediation of the land (whether or not an assessment order or remediation order had been made in relation to the body corporate).
	(4)	There is reason for belief of the kind mentioned in subsection (3) (b) if, at the time or times when the body corporate entered into 1 or more transactions, or a substantial part of the transactions, for the transfer of the land—
	(a)	there was reason to believe that the land was contaminated; and
	(b)	the transferee was another body corporate that was related to the first body corporate (within the meaning of the Corporations Act); and
	(c)	the first body corporate had reason to believe that the transferee was unable to pay its debts or would, if it took steps to remediate the land (to the extent that a reasonable person would have expected, at the time or times, would be necessary), become unable to pay its debts.
	(5)	The Supreme Court must not make an order under this section if the person against whom the order would be made satisfies the court that—
	(a)	the person exercised due diligence to prevent the body corporate from avoiding compliance with the assessment order or remediation order; or
	(b)	the person could not reasonably have been expected to be aware of a scheme to avoid compliance with the assessment order or remediation order; or
	(c)	the person was not in a position to influence the conduct of the body corporate in relation to that scheme.
	(6)	The fact that the relevant order was partially complied with by the transferee does not exclude the possibility that there is reason to form the belief mentioned in subsection (3).
91R	Holding company of body corporate that is wound up
	(1)	The Supreme Court may order a corporation to comply with an assessment order or remediation order at the corporation’s own expense if the corporation was the holding company of a company that—
	(a)	has been wound up within 2 years before the court’s order is made; and
	(b)	has failed to comply with the assessment order or remediation order.
	(2)	The corporation must comply with the assessment order or remediation order, subject to any modification by the Supreme Court.
	(3)	The Supreme Court may make an order under this section only if satisfied, on an application by the authority, that—
	(a)	the corporation was the holding company of the other company at the time when the assessment order or remediation order was made; and
	(b)	there is reason to believe that the other company was wound up as part of a scheme to avoid compliance with the assessment order or remediation order.
	(4)	There is reason for belief of the kind mentioned in subsection (3) (b) if—
	(a)	the corporation contravened the Corporations Act, section 588V in relation to the other company; and
	(b)	there was (at the time or times when the contravention happened) reason to believe that the land was contaminated; and
	(c)	if a regulation made for this section applies—the prescribed conditions are satisfied.
	(5)	Despite subsection (4), there is reason for belief of the kind mentioned in subsection (3) (b) also if—
	(a)	the other company carried out 1 or more transactions—
	(i)	that were voidable because of the Corporations Act, section 588FE; or
	(ii)	that were such that the liquidator of the other company had a right to recovery of cash under the Corporations Act, section 567; or
	(iii)	by which the other company incurred a debt in relation to which a person contravened the Corporations Act, section 588G; and
	(b)	there was (at the time or times when the other company entered those transactions or a substantial part of them) reason to believe that the land was contaminated.
	(6)	The fact that the relevant assessment order or remediation order was partially complied with by the other company does not exclude the possibility that there is reason to form the belief mentioned in subsection (3).
	(7)	For this section, the fact that steps are taken to wind up a company before the authority makes an assessment order or remediation order in relation to the company does not preclude the Supreme Court from finding that there is reason to believe that the company was wound up as part of a scheme to avoid compliance with the order.

Part 9A	Fuel sales information
    
92	Fuel sales—provision of information
	(1)	The occupier of a service station (the occupier) must, not later than 30 September, give the chief executive details (the fuel information) of the amount of each kind of liquid fuel sold at the service station in the year ending on the preceding 30 June.
Note	If a form is approved under s 165A for information required under this section, the form must be used.
	(2)	The occupier must also give the chief executive any further information reasonably required by the chief executive to verify the fuel information.
	(3)	If the occupier fails to comply with subsection (1) or (2), the chief executive may, in writing, require the occupier to do so by a stated day.
	(4)	The occupier commits an offence if the occupier fails to comply with a requirement under subsection (3).
Maximum penalty:  50 penalty units.
	(5)	An offence against subsection (4) is a strict liability offence.
	(6)	In this section:
occupier, in relation to a service station, means a person who carries on the business of a service station.
service station means any place where unpackaged liquid fuel is offered for sale by retail.
92A	Confidential commercial information must not be disclosed
	(1)	This section applies to information given to the chief executive under section 92.
	(2)	A person commits an offence if—
	(a)	the person discloses confidential commercial information that the person has only because of exercising a function under this Act; and 
	(b)	the person knows that the information is confidential commercial information; and 
	(c)	the disclosure is not—
	(i)	to the Territory or a Territory agency; or
	(ii)	by order of a court; or
	(iii)	with the consent of each person to whom the information has a commercial or other value.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(3)	A person commits an offence if—
	(a)	the person discloses confidential commercial information that the person has only because of a disclosure permitted under subsection (2); and 
	(b)	the person knows that the information is confidential commercial information; and 
	(c)	the disclosure is not—
	(i)	to the Territory or a Territory agency; or
	(ii)	by order of a court; or
	(iii)	with the consent of each person to whom the information has a commercial or other value.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(4)	In this section:
confidential commercial information means—
	(a)	information that has a commercial or other value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or
	(b)	other information that—
	(i)	concerns the lawful commercial or financial affairs of a person or undertaking; and
	(ii)	if it were disclosed, could unreasonably affect the person or undertaking.
court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
Territory agency means—
	(a)	a Minister; or
	(b)	an administrative unit; or
	(c)	a Territory instrumentality; or
	(d)	a corporation established for a public purpose under a Territory Act.

Part 10	Functions of the Minister
    
93	Directions of Minister
	(1)	The authority must exercise his or her functions in accordance with any directions of the Minister under this section. 
	(2)	The Minister must not give a direction to the authority in relation to a matter under parts 11 to 14. 
	(3)	A direction must be in writing. 
	(4)	A direction is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
94	Environmental assessments and inquiries
	(1)	This section applies in relation to an application for an environmental authorisation.
	(2)	At the authority’s request, or on his or her own initiative, the Minister may—
	(a)	direct that an assessment be made of the possible environmental impact of the activity; or
	(b)	establish a panel to conduct an inquiry into the activity.
	(3)	For subsection (2)—
	(a)	the Minister must not direct an assessment to be made or establish a panel unless satisfied that the activity is not the subject of a development application under the Land Act; and
	(b)	the authority must not make a request unless the authority—
	(i)	is satisfied that the activity is not the subject of a development application under the Land Act; and
	(ii)	has reasonable grounds for believing the activity has the potential to cause serious or material environmental harm.
	(4)	The Minister must give the authority—
	(a)	a copy of any assessment directed to be made under subsection (2) (a), together with copies of any other material referred to in the Land Act, section 132 (2); or
	(b)	a copy of the report of any inquiry panel established under subsection (2) (b).

Part 11	Powers of authorised officers
Division 11.1	Preliminary
 U 	95	Interpretation for pt 11
	(1)	In this part:
enter includes board.
premises includes vacant land, vehicles, vessels and aircraft.
residential premises means premises used exclusively or primarily for residential purposes, and includes a private room in but not any other part of a motel, hotel, hostel or guesthouse.
	(2)	For this part, a thing is connected with a particular offence if—
	(a)	the offence has been committed in relation to it; or
	(b)	it will afford evidence of the commission of the offence; or
	(c)	it was used, is being used, or is intended to be used, for the purpose of committing the offence.
	(3)	A reference in this part to an offence includes a reference to an offence that there are reasonable grounds for believing has been, is being, or will be committed.
Division 11.2	Entry and inspection generally
96	Entry of premises—routine inspections
	(1)	For the purposes of ascertaining whether this Act is being complied with, an authorised officer may enter—
	(a)	premises (other than residential premises) at any reasonable time; or
	(b)	any premises with the consent (obtained under section 103) of the occupier or a person apparently in charge of the premises.
	(2)	An authorised officer may enter premises under subsection (1) with the assistance that is necessary and reasonable.
97	Entry of premises—search warrants
	(1)	If an authorised officer has reasonable grounds for suspecting that there may be on any premises a thing of a particular kind connected with a particular offence against this Act, the authorised officer may enter premises under a search warrant under section 104.
	(2)	An authorised officer may enter premises under subsection (1) with the assistance and by the force that is necessary and reasonable.
	(3)	A police officer may, if called on by an authorised officer to do so, assist the authorised officer in the execution of a search warrant.
98	Identity cards must be produced
An authorised officer who enters premises under section 96 (1) or section 97 (1) is not authorised to remain on the premises if, on request by the occupier or a person apparently in charge of the premises, the officer does not produce his or her identity card.
99	Inspection of premises—routine inspections
An authorised officer who enters premises under section 96 (1) may do any of the following in relation to the premises or anything on the premises:
	(a)	inspect or examine;
	(b)	take measurements or conduct tests;
	(c)	take samples for analysis;
	(d)	examine records or documents relating to the operation of equipment and the operational processes carried out on those premises;
	(e)	take photographs, films, or audio, video or other recordings.
100	Inspection of premises—search warrant
	(1)	Subject to section 101, an authorised officer who enters premises under section 97 (1) may do any of the following in relation to the premises or anything on the premises:
	(a)	inspect or examine;
	(b)	take measurements or conduct tests;
	(c)	take samples for analysis;
	(d)	take photographs, films, or audio, video or other recordings;
	(e)	for a thing—subject to section 108, seize the thing;
	(f)	if the thing is a document—take copies of, or extracts from, the document.
	(2)	An authorised officer who enters premises under section 97 (1) may require the occupier or a person on the premises to do any of the following:
	(a)	answer questions or give information;
	(b)	make available any record or other document kept on the premises;
	(c)	provide reasonable assistance to the officer in relation to the exercise of his or her powers under subsection (1). 
101	Routine inspections—serious and urgent circumstances
	(1)	An authorised officer who enters premises under section 96 (Entry of premises—routine inspections) may, if satisfied on reasonable grounds that it is necessary to do so because of urgent and serious circumstances, require the occupier or a person on the premises to do any of the following:
	(a)	answer questions;
	(b)	give information;
	(c)	make available to the authorised officer any record or document kept on the premises;
	(d)	provide reasonable assistance to the authorised officer in relation to the exercise of the authorised officer’s functions.
	(2)	The power to act under subsection (1)—
	(a)	may be exercised even though the officer entered the premises without a warrant; and
	(b)	is in addition to any other power of the officer.
102	Procedure if samples taken
If an authorised officer takes a sample under section 99 or section 100, the officer must —
	(a)	divide the sample into 3 parts; and
	(b)	place each of the parts in a separate container and seal each container; and
	(c)	attach to each container a label bearing the signature of the authorised officer and particulars of the date and time when, and the place where, the sample was taken; and
	(d)	give 1 of the 3 containers to each of the following people:
	(i)	the occupier or the person apparently in charge of the premises; 
	(ii)	an analyst;
	(iii)	the authority.
103	Consent to entry
	(1)	Before obtaining the consent of a person for section 96 (1) (b), an authorised officer must—
	(a)	produce his or her identity card; and
	(b)	inform the person that the person may refuse to give consent.
	(2)	If an authorised officer obtains the consent of a person for section 96 (1) (b), the officer must ask the person to sign a written acknowledgment of—
	(a)	the fact that the person has been informed that the person may refuse to give consent; and
	(b)	the fact that the person has voluntarily given consent; and
	(c)	the day and time when the consent was given.
	(3)	An entry by an authorised officer because of a person’s consent is not lawful unless the consent was voluntary.
	(4)	If—
	(a)	it is material, in any proceedings, for a court to be satisfied that the consent of a person for section 96 (1) (b) was voluntary; and
	(b)	an acknowledgment, in accordance with subsection (2), signed by the person is not produced in evidence;
the court must assume, unless the contrary intention is proved, that the consent was not voluntary.
104	Search warrants
	(1)	If—
	(a)	an information is laid before a magistrate alleging that an authorised officer has reasonable grounds for suspecting that there may be on any premises a thing of a particular kind connected with a particular offence against this Act; and
	(b)	the information sets out those grounds;
the magistrate may issue a search warrant authorising the authorised officer named in the warrant, with the assistance and by the force that is necessary and reasonable—
	(c)	to enter the premises described in the warrant; and
	(d)	to search the premises for things of the kind mentioned in paragraph (a); and
	(e)	to exercise any of the powers listed in section 100 in relation to those things.
	(2)	A magistrate must not issue a warrant unless—
	(a)	the informant or another person has given the magistrate, either orally on oath or by affidavit, any further information that the magistrate requires about the grounds on which the issue of the warrant is being sought; and
	(b)	the magistrate is satisfied that there are reasonable grounds for issuing the warrant.
	(3)	A warrant must—
	(a)	state the purpose for which it is issued, including a reference to the nature of the offence in relation to which the entry and search is authorised; and 
	(b)	state that the entry is authorised at any time of the day or night, or specify particular hours during which the entry is authorised; and
	(c)	include a description of the kind of things in relation to which the powers listed in section 100 may be exercised; and
	(d)	specify a date, not later than 1 month after the date the warrant is issued, when the warrant ceases to have effect.
	(4)	If in the course of searching under a warrant for things of a particular kind connected with a particular offence, an authorised officer—
	(a)	finds a thing that the officer has reasonable grounds for believing to be—
	(i)	connected with the offence, although not a thing of the kind specified in the warrant; or
	(ii)	connected with another offence against this Act; and
	(b)	is satisfied that it is necessary to exercise any of the powers listed in section 100 in relation to the thing to prevent the committing, continuing or repeating of the offence or the other offence;
the warrant must be taken to authorise the officer to exercise those powers in relation to that thing.
Division 11.3	Emergency powers
105	Emergency situations
This division applies if an authorised officer—
	(a)	has reasonable grounds for believing that serious or material environmental harm has been or is likely to be caused, other than harm permitted by or under this Act; and
	(b)	is satisfied that it is necessary to take immediate action to prevent, minimise or remedy the harm (in this division called emergency action).
106	Taking or directing action
	(1)	The authorised officer must, orally or in writing, direct another person who is present on the relevant premises to take emergency action if the authorised officer has reasonable grounds for believing that the person has the appropriate practical or technical knowledge and authority to take the action.
	(2)	If the authorised officer does not have belief of the kind mentioned in subsection (1), the authorised officer may take emergency action.
	(3)	The authorised officer must confirm an oral direction in writing as soon as practicable.
107	Entry and exercise of powers
	(1)	The authorised officer may—
	(a)	for the purposes of taking emergency action, enter any premises (other than residential premises) at any time of the day or night—
	(i)	without a warrant; and
	(ii)	with the assistance, and by the force, that is necessary and reasonable; and
	(b)	in the course of taking emergency action, exercise any of the powers listed in section 100.
	(2)	An authorised officer who enters premises under subsection (1) (a) is not authorised to remain on the premises if, on request by the occupier or a person apparently in charge of the premises, the officer does not produce his or her identity card.
Division 11.4	Seizure, retention and disposal of things
108	Seizure
	(1)	An authorised officer may seize anything under a power of seizure under this part if the officer has reasonable grounds for believing that it is connected with an offence against this Act and—
	(a)	the seizure is necessary to prevent the thing being—
	(i)	concealed, lost, damaged or destroyed; or
	(ii)	used to commit the offence; or
	(b)	the seizure is necessary to conduct tests for the purpose of adducing evidence in a prosecution for the offence.
	(2)	A person must not, without the written consent of the authority—
	(a)	interfere with or dispose of a thing seized under this part; or
	(b)	remove the thing from the premises where it was seized or to which it was taken by the authorised officer who seized it.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(3)	If an authorised officer has seized a thing under this part, the officer must give a receipt for the thing to—
	(a)	the occupier of the premises where it was seized; or
	(b)	the person who had possession, custody or control of the thing immediately before it was seized.
109	Retention to adduce evidence
	(1)	The following provisions apply in relation to anything seized under this part:
	(a)	the thing must be held by the authority for the purpose of adducing evidence in a prosecution for an offence against this Act, unless the authority authorises the release of the thing to its owner or the person who had possession, custody or control of the thing immediately before it was seized;
	(b)	if a prosecution for an offence against this Act is instituted within the prescribed period and the defendant is found guilty—the court may order that—
	(i)	the thing be forfeited to the authority; or
	(ii)	the defendant pay to the authority an amount equal to the market value of the thing at the time of the seizure, being the value decided by the court;
	(c)	if—
	(i)	a prosecution for an offence against this Act is not instituted within the prescribed period; or
	(ii)	on such a prosecution being instituted within that period, the defendant is found not guilty or the court does not make an order under paragraph (b);
the authority must, subject to section 110, release the thing to its owner or the person who had possession, custody or control of the thing immediately before it was seized.
	(2)	In subsection (1):
prescribed period means the period of 6 months beginning on the day after the seizure.
110	Disposal
	(1)	Instead of releasing a thing under section 109 (1) (c), the authority may give written notice to—
	(a)	the owner of the thing; or
	(b)	the person who had possession, custody or control of the thing immediately before it was seized;
inviting the person to show why the thing should not be disposed of.
	(2)	Despite subsection (1), the authority must, at the same time as giving notice under that subsection, by notice in a daily newspaper, invite people who have a legal or equitable interest in the thing to be disposed of to show why it should not be disposed of.
	(3)	A notice under subsection (1) or (2) must specify—
	(a)	the grounds on which the authority bases his or her belief that the disposal of the thing is necessary; and
	(b)	the period (not shorter than 20 working days after the day on which the notice was given) after which the authority may cause the thing to be disposed of under subsection (4).
	(4)	The authority must—
	(a)	after the period specified in a notice under subsection (1) or (2) has ended; and
	(b)	after taking into account any representations made in response to the notice;
dispose of the thing if satisfied that the disposal is necessary to prevent or minimise any environmental harm caused, or likely to be caused, by the thing.
	(5)	If the authority is not satisfied that it is necessary to dispose of a thing, the authority must release the thing to its owner or the person who had possession, custody or control of the thing immediately before it was seized.
	(6)	If a thing is disposed of under subsection (4), the Territory must compensate the owner.
Division 11.5	Other powers
111	Power to require name and address
	(1)	If an authorised officer—
	(a)	finds a person committing an offence against this Act; or
	(b)	has reasonable grounds for believing that a person has committed an offence against this Act;
the officer—
	(c)	may require the person to state the person’s name and address; and
	(d)	in doing so, must —
	(i)	inform the person of the reasons for the requirement; and
	(ii)	as soon as practicable afterwards, record those reasons.
	(2)	A person is not required to comply with a requirement under subsection (1) if, on request by the person, the authorised officer does not produce his or her identity card.
	(3)	Subject to subsection (2), a person must not, without reasonable excuse, fail to comply with a requirement under subsection (1).
Maximum penalty:  5 penalty units.

Part 12	Powers of analysts
    
112	Entry of premises
	(1)	An analyst may accompany an authorised officer who has entered premises under a power of entry under part 11 to conduct the tests necessary to decide whether this Act is being complied with.
	(2)	A person must not, without reasonable excuse, obstruct or hinder an analyst in the exercise of his or her powers under subsection (1).
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(3)	An analyst who enters premises under subsection (1) is not authorised to remain on the premises if, on request by the occupier or a person apparently in charge of the premises, the analyst does not produce his or her identity card.
113	Evidence of analysis
A certificate purporting to be signed by an analyst—
	(a)	stating that he or she has analysed, or caused to be analysed, a sample from a sealed container to which was attached a label purporting to be signed by the authorised officer named in the certificate and bearing particulars of the date and time when, and the place where, the sample was taken by the authorised officer; and
	(b)	describing the analysis to which the sample was subjected; and
	(c)	setting out the results of the analysis;
is evidence of the matters so stated.

Part 13	Enforcement
Division 13.2	Environment protection orders
125	Environment protection orders
	(1)	If the authority has reasonable grounds for believing that a person has contravened or is contravening an environmental authorisation or a provision of this Act, the authority may serve an environment protection order on the person.
	(2)	If the authority is satisfied that land is contaminated, but has reasonable grounds for believing that if the land were—
	(a)	to continue to be used for its present use; or
	(b)	to be used for a specified use, or a use in a specified class of uses, other than its present use;
it would not cause, or would not be likely to cause, a significant risk of harm to human health or a significant risk of material environmental harm or serious environmental harm, the authority may serve an environment protection order on the occupier of the land and, if the occupier is not the lessee, on the lessee.
	(3)	If the authority is satisfied that land is contaminated but has reasonable grounds for believing that the contamination is not, or is not likely to, cause a significant risk of harm to human health or a significant risk of material environmental harm or serious environmental harm while measures for its containment continue, the authority may serve an environment protection order on the occupier of the land and, if the occupier is not the lessee, on the lessee.
	(4)	An order must be in writing and must—
	(a)	identify the person on whom the order is served; and
	(b)	if the order is grounded on a contravention of this Act, specify—
	(i)	the provision of this Act alleged to have been contravened; and
	(ii)	the nature of, and the day, time and place of, the alleged contravention; and
	(c)	if the order is grounded on a contravention of an environmental authorisation, specify—
	(i)	the condition of the authorisation alleged to have been contravened; and
	(ii)	the nature of, and the day, time and place of, the alleged contravention; and
	(d)	if the order is served under subsection (2) or (3)—
	(i)	the nature of the substances in, on or under the land the subject of the order; and
	(ii)	the grounds on which the authority holds its belief; and
	(e)	require that specified action be taken, stopped or not begun by the person; and
	(f)	set out the maximum penalty, on conviction, for a failure to comply with the order.
	(5)	An order may impose any requirement reasonably required for the purposes for which the order is served, including 1 or more of the following:
	(a)	that the person stop or not begin a specified activity indefinitely or for a specified period;
	(b)	that the person undertake, within a specified period—
	(i)	specified action to remedy specified environmental harm; and
	(ii)	if appropriate, specified action to prevent or mitigate further environmental harm;
	(c)	that the person undertake, within a specified period, specified action for the restoration of the environment in a public place or for the public benefit;
	(d)	that the person undertake, within a specified period, any other specified action;
	(e)	that the person not conduct a specified activity except during specified times or subject to specified conditions;
	(f)	that the person provide specified information to the authority in relation to the environmental impact of an activity being conducted by the person.
	(6)	In this section, a reference to a contravention of this Act includes a reference to a failure to comply with the general environmental duty.
126	Contravention of environment protection order
A person must not contravene an environment protection order.
Maximum penalty:
	(a)	if the order was grounded on a contravention of this Act and this Act specifies a penalty for the contravention—that penalty; or
	(b)	if the order was grounded on a contravention of an environmental authorisation and this Act specifies a penalty for the contravention—that penalty; or
	(c)	in any other case—200 penalty units.
Division 13.3	Injunctive orders
127	Application for order
	(1)	An application for an order under section 128 may be made to the Supreme Court by—
	(a)	the authority; or
	(b)	any other person with leave of the court.
	(2)	The court must not grant leave under subsection (1) (b) unless satisfied that—
	(a)	the person has requested the authority to take action under the Act and the authority has failed, within a time that is reasonable in the circumstances, to notify the person in writing that it has taken any action that is appropriate in the circumstances; and
	(b)	it is in the public interest that the proceedings should be brought.
128	Making of order
	(1)	If the Supreme Court is satisfied—
	(a)	that—
	(i)	the respondent has contravened or is contravening; or
	(ii)	there is a significant likelihood that the respondent will contravene;
an environmental authorisation, an environment protection order or a provision of this Act; and
	(b)	that, as a result, serious or material environmental harm has happened, is happening or is likely to happen;
the court may make—
	(c)	an order requiring the respondent to remedy the contravention; or
	(d)	an order restraining the respondent from continuing to commit the contravention; or
	(e)	an order restraining the respondent from committing the threatened or anticipated contravention;
and any other orders the court considers appropriate for the purpose of giving effect to that order.
	(2)	An order under subsection (1) must specify the date on or before which the order is to be complied with.
	(3)	The court may make an order under subsection (1) directing the respondent to stop doing a particular thing, whether or not—
	(a)	it appears to the court that the respondent intends to do the thing or continue to do the thing; or
	(b)	the respondent has previously done a thing of that kind; or
	(c)	there is a potential for serious or material environmental harm to result if the respondent does the thing or continues to do the thing.
	(4)	The court may make an order under subsection (1) directing the respondent to do a particular thing, whether or not—
	(a)	it appears to the court that the respondent does not intend to do the thing or continue to do the thing; or
	(b)	the respondent has previously not done a thing of that kind; or
	(c)	there is a potential for serious or material environmental harm to result if the respondent does not do the thing.
129	Interim order
	(1)	If—
	(a)	an application for an order under section 128 is pending; and
	(b)	the Supreme Court is satisfied that there is a real or significant likelihood of serious or material environmental harm happening before the application  is determined;
the court may make an interim order of the kind described in section 128 (1) (c), (d) or (e) and any other orders the court considers appropriate.
	(2)	An interim order under subsection (1) remains in force—
	(a)	if a copy of the application has not been served on the respondent—
	(i)	until the court otherwise orders; or
	(ii)	for the period (not longer than 14 days) specified in the order;
whichever happens first; or
	(b)	if a copy of the application has been served on the respondent—
	(i)	until the court otherwise orders; or
	(ii)	until the court decides the application;
whichever happens first.
130	Costs—public interest
In deciding the amount of costs to be awarded against a party to a proceeding under section 128 or section 129, the Supreme Court shall take into account the nature of the public interest.
131	Security for costs etc
The Supreme Court may order an applicant for an order under section 128—
	(a)	to provide security for the payment of costs that may be awarded against the applicant if the application is subsequently dismissed; or
	(b)	to give an undertaking about the payment of any amount that may be awarded against the applicant under section 132.
132	Compensation
If, on an application for an order under section 128 alleging that there has been a contravention of an environmental authorisation, an environment protection order or a provision of this Act, the Supreme Court is satisfied that—
	(a)	there has been no such contravention by the respondent; and
	(b)	the respondent has suffered loss or damage as a result of the actions of the applicant in bringing the proceedings; and
	(c)	in the circumstances it is appropriate to make an order under this subsection;
the court may, on the application of the respondent (and in addition to any order about costs), order the applicant to pay to the respondent an amount, decided by the court, to compensate the respondent for the loss or damage suffered by the respondent.
Division 13.4	Power to require information
133	Information discovery orders
	(1)	If the authority has reasonable grounds for suspecting that a person—
	(a)	has knowledge of information reasonably required by the authority for the administration or enforcement of this Act; or
	(b)	has possession or control of a document containing such information; 
the authority may serve on the person an information discovery order requiring the person to give the information or produce the document.
	(2)	An order must be in writing and must —
	(a)	identify the person on whom the order is served; and
	(b)	specify why the information is required; and
	(c)	specify the date on or before which the order must be complied with; and
	(d)	set out the maximum penalty, on conviction, for a failure to comply with the order.
134	Contravention of information discovery order
A person must not contravene an information discovery order.
Maximum penalty:  100 penalty units.

Part 14	Administrative review
    
135	Review of decisions
	(1)	An eligible person may make application to the administrative appeals tribunal for review of a decision of the authority—
	(a)	under section 21 (1) excluding or refusing to exclude a document or part of a document from public inspection; and
	(b)	under section 21A (4) (b) or (c) refusing to remove an entry from the register; and
	(c)	under section 43 (1) notifying a person that the person is not to conduct, or continue to conduct, a specified activity unless the person holds an environmental authorisation; and
	(d)	under section 43 (4) refusing to revoke a notice under section 43 (1); and
	(e)	under section 49 (1) (a), (2) (a), (3) (a) or (4) (a) granting an environmental authorisation; and
	(f)	under section 49 (1) (a), (2) (a), (3) (a) or (4) (a) granting an environmental authorisation for a specified period; and
	(g)	under section 49 (1) (a), (2) (a), (3) (a) or (4) (a) granting an environmental authorisation subject to a specified condition; and
	(h)	under section 49 (1) (b), (2) (b), (3) (b) or (4) (b) refusing to grant an environmental authorisation; and
	(i)	under section 57 (2) deciding not to take any action under this Act; and
	(j)	under section 58 to cancel an accredited environmental authorisation; and
	(k)	under section 60 (1) varying an environmental authorisation; and
	(l)	under section 60 (1) refusing to vary an environmental authorisation on the application of a person under section 60 (1) (a); and
	(m)	under section 63 (1) suspending an environmental authorisation; and
	(n)	under section 63 (1) cancelling an environmental authorisation; and
	(o)	under section 63 (1) suspending an environmental authorisation until a specified condition mentioned in section 63 (2) has been fulfilled; and
	(p)	under section 63 (2) refusing to lift a suspension of an environmental authorisation on the ground that a specified condition has not been fulfilled; and
	(q)	under section 69 (1) requiring a person to prepare and submit for approval a draft environmental improvement plan; and
	(r)	under section 71 (1) (d) rejecting a draft environmental improvement plan and requiring the plan to be amended and resubmitted; and
	(s)	under section 71 (2) (b) rejecting a draft environmental improvement plan; and
	(t)	under section 72 (3) accrediting or refusing to accredit an environmental improvement plan; and
	(u)	under section 75 (1) refusing to approve a person to conduct a particular environmental  audit; and
	(v)	under section 75 (4) removing the name of an auditor from the list of auditors maintained by the authority; and
	(w)	under section 76 (1) requiring a person to commission an environmental audit and submit a report on the audit; and
	(x)	under section 76 (2) requiring a person to commission an environmental audit; and
	(y)	under section 78 (3) refusing to grant protection in relation to an environmental audit report; and
	(z)	under section 78 (3) granting protection in relation to an environmental audit report subject to a specified condition referred to in section 78 (4); and
	(za)	under section 82 (1) requiring a person to prepare and submit for approval a draft emergency plan; and
	(zb)	under section 84 (1) (d) rejecting a draft emergency plan and requiring the plan to be amended and resubmitted; and
	(zc)	under section 84 (2) (b) rejecting a draft emergency plan; and
	(zd)	under section 91C (1) making an order to conduct an assessment; and
	(ze)	under section 91D (1) making an order to remediate; and
	(zf)	under section 91D (8) refusing to consent; and
	(zg)	under section 91G (1) refusing to extend a period for compliance; and
	(zh)	under section 91G (1) specifying a period of compliance for a period less than that applied for; and
	(zi)	under section 91K requiring a stated person to pay reasonable costs and expenses; and
	(zj)	under section 110 (4) that disposal of a thing seized is necessary; and
	(zk)	under section 125 (1) serving an environment protection order; and
	(zl)	under section 125 (1) serving an environment protection order imposing a specified requirement mentioned in section 125 (5); and
	(zm)	under section 125 (2) or (3) to serve an environment protection order.
	(2)	If a decision of a kind mentioned in subsection (1) is made, the authority must give written notice of the decision to—
	(a)	for a decision mentioned in subsection (1) (a)—the applicant; and
	(b)	for a decision mentioned in subsection (1) (b)—the person to whom the entry relates; and
	(c)	for a decision mentioned in subsection (1) (e), (f), (g), (h), (y), (z), (zf), (zg) or (zh)—the applicant; and
	(d)	for a decision mentioned in subsection (1) (c), (d), (q), (r), (s), (t), (w), (za), (zb) or (zc)—the person conducting, or proposing to conduct, the relevant activity; and
	(e)	for a decision mentioned in subsection (1) (i), (j), (k), (l), (m), (n), (o) or (p)—the holder of the environmental authorisation; and
	(f)	for a decision mentioned in subsection (1) (t)—the person who is refused approval under section 75 (2) and the person commissioning the environmental audit; and
	(g)	for a decision mentioned in subsection (1) (zk), (zl) or (zm)—the person on whom the order is served.
	(3)	A notice under subsection (2) must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).
	(4)	For this section, a decision of the authority under subsection (1) (e), (f) or (g) does not include a decision granting an environmental authorisation in relation to an activity of a kind listed in schedule 1, section 1.2, item 30.
	(5)	In subsection (1):
eligible person, in relation to a decision, means—
	(a)	a person to whom a notice is required to be given under subsection (2); or
	(b)	any other person whose interests are affected by the decision.

Part 15	Offences
Division 15.1	Environmental offences
Subdivision 15.1.1	General environmental offences
137	Causing serious environmental harm
	(1)	A person must not knowingly or recklessly pollute the environment causing serious environmental harm.
Maximum penalty:  2 000 penalty units, imprisonment for 5 years or both.
	(2)	A person must not negligently pollute the environment causing serious environmental harm.
Maximum penalty:  1 500 penalty units, imprisonment for 3 years or both.
	(3)	A person must not pollute the environment causing serious environmental harm.
Maximum penalty:  1 000 penalty units.
	(4)	If in a proceeding for an offence against subsection (1), the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against subsection (2), the court may find the defendant guilty of the latter offence.
	(5)	If in a proceeding for an offence against subsection (1) or subsection (2), the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against subsection (3), the court may find the defendant guilty of the latter offence.
138	Causing material environmental harm
	(1)	A person must not knowingly or recklessly pollute the environment causing material environmental harm.
Maximum penalty:  1 000 penalty units, imprisonment for 2 years or both.
	(2)	A person must not negligently pollute the environment causing material environmental harm.
Maximum penalty:  750 penalty units, imprisonment for 1 year or both.
	(3)	A person must not pollute the environment causing material environmental harm.
Maximum penalty:  500 penalty units.
	(4)	If in a proceeding for an offence against subsection (1), the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against subsection (2), the court may find the defendant guilty of the latter offence.
	(5)	If in a proceeding for an offence against subsection (1) or subsection (2), the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against subsection (3), the court may find the defendant guilty of the latter offence.
139	Causing environmental harm
	(1)	A person must not knowingly or recklessly pollute the environment causing environmental harm.
Maximum penalty:  100 penalty units, imprisonment for 6 months or both.
	(2)	A person must not negligently pollute the environment causing environmental harm.
Maximum penalty:  75 penalty units.
	(3)	A person must not pollute the environment causing environmental harm.
Maximum penalty:  50 penalty units.
	(4)	If in a proceeding for an offence against subsection (1), the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against subsection (2), the court may find the defendant guilty of the latter offence.
	(5)	If in a proceeding for an offence against subsection (1) or (2), the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against subsection (3), the court may find the defendant guilty of the latter offence.
140	Person may be found guilty of lesser charge
	(1)	If in a proceeding for an offence against section 137, the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against section 138 (1), (2) or (3), the court may find the defendant guilty of the latter offence.
	(2)	If in a proceeding for an offence against section 137 or section 138, the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against section 139 (1), (2) or (3), the court may find the defendant guilty of the latter offence.
141	Causing environmental nuisance
A person must not cause an environmental nuisance.
Maximum penalty:  50 penalty units.
142	Placing pollutant where it could cause harm
A person must not cause or allow a pollutant or the source of a pollutant to be placed in a position as a result of which the pollutant could reasonably be expected to cause environmental harm.
Maximum penalty:  100 penalty units.
143	No offence committed
A person does not commit an offence against section 137, section 138, section 139, section 141 or section 142 if—
	(a)	the act or omission that would apart from this provision have constituted the offence or an element of the offence was authorised by or under this Act; or
	(b)	in any other case—
	(i)	the act or omission that would apart from this provision have constituted the offence or an element of the offence happened during the conduct of an activity that was, apart from this Act, lawful; and
	(ii)	in conducting the activity, the person was complying with the general environmental duty.
144	Liability limited to harm caused by excess pollutants
For section 137, section 138 and section 139, if a person causes environmental harm by causing the entry into the environment of a measure of a pollutant that exceeds the measure authorised by or under this Act, the person is liable to be prosecuted only in relation to the environmental harm caused by the excess pollutant.
Subdivision 15.1.2	Specific offences
145	Offences in schedule 2
Certain offences against this Act are specified in schedule 2.
Division 15.2	Extensions of liability for offences
146	Acts and omissions of representatives
	(1)	In this section:
person means an individual.
Note	See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility.
representative, of a person, means an employee or agent of the person.
state of mind, of a person, includes—
	(a)	the person’s knowledge, intention, opinion, belief or purpose; and
	(b)	the person’s reasons for the intention, opinion, belief or purpose.
	(2)	This section applies to a prosecution for any offence against this Act.
	(3)	If it is relevant to prove a person’s state of mind about an act or omission, it is enough to show—
	(a)	the act was done or omission made by a representative of the person within the scope of the representative’s actual or apparent authority; and
	(b)	the representative had the state of mind.
	(4)	An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative’s actual or apparent authority is also taken to have been done or omitted to be done by the person.
	(5)	However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission.
	(6)	A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).
147	Criminal liability of officers of body corporate
	(1)	If a body corporate commits an offence against this Act, a prescribed officer of the body corporate—
	(a)	is guilty of the offence; and
	(b)	is liable, on conviction, to a penalty of not more than the maximum penalty that may be imposed for a contravention of the offence when committed by an individual.
	(2)	It is a defence to a prosecution for an offence against subsection (1) that—
	(a)	the defendant exercised due diligence to prevent the body corporate from doing the act or making the omission alleged to constitute the offence or an element of the offence committed by the body corporate; or
	(b)	an officer or employee of the body corporate occupying the defendant’s position could not reasonably have been expected to be aware of the contravention; or
	(c)	the body corporate would not have been found guilty of the offence because of its being able to establish a defence available to it under this Act.
	(3)	A prescribed officer may be prosecuted and convicted of an offence against subsection (1) whether or not the body corporate has been prosecuted for or convicted of the offence.
	(4)	In this section:
prescribed officer, in relation to an offence committed by a body corporate, means—
	(a)	a director of the body corporate or other person (however described), responsible for the direction, management and control of the body corporate; or 
	(b)	any other person who is concerned in, or takes part in, the management of the body corporate and whose responsibilities include duties in relation to the matters giving rise to the offence.
Division 15.3	Other offences
148	Notice to transferee on transfer of activity or place
	(1)	Before transferring ownership of an activity or place in relation to which an instrument is in effect, the transferor must not, without reasonable excuse, fail to notify the transferee of the existence and content of the instrument.
Maximum penalty:  20 penalty units.
	(2)	In subsection (1):
instrument means—
	(a)	an environmental authorisation; or
	(b)	an environmental protection agreement; or
	(c)	a notice under section 69 requiring a person to prepare and submit to the authority a draft environmental improvement plan; or
	(d)	a notice under section 76 requiring a person to commission an environmental audit; or
	(e)	a notice under section 82 requiring a person to prepare and submit to the authority a draft emergency plan; or
	(f)	an environment protection order.
149	Notice to authority of alteration to equipment and works
	(1)	The holder of an environmental authorisation must notify the authority in writing of any proposed installation, construction or modification to prescribed equipment and works in or on the premises on which the authorised activity is being, or is proposed to be, conducted.
Maximum penalty:  20 penalty units.
	(2)	For subsection (1), it is sufficient notification if the holder of the authorisation gives to the authority a copy of—
	(a)	the application under the Land Act, division 6.2 (Approvals) for approval to undertake the relevant development; or
	(b)	the application under the Building Act 2004, part 3 for a building approval to carry out the relevant building work.
	(3)	The authority may, within 10 days after receiving notification of a proposal under subsection (1), require the holder of the environmental authorisation to provide further specified information (including plans and drawings) about the proposal by the specified date.
	(4)	A person must not fail to comply with a notice under subsection (3).
Maximum penalty:  50 penalty units.
	(5)	In subsection (1):
prescribed equipment and works, in relation to premises, means equipment or works for—
	(a)	the discharge or emission of a pollutant from the premises; or
	(b)	the treatment or storage of a pollutant before such discharge or emission.
150	Selfincrimination
	(1)	A person (whether an individual or corporation) is not excused from answering a question, giving information or producing a document if required under this Act on the ground that to do so would tend to incriminate the person.
	(2)	If an individual answers a question, gives information or produces a document in compliance with a requirement under section 100 (2), section 101 or section 133—
	(a)	the answer to the question; or
	(b)	the information given; or 
	(c)	the document produced;
is not admissible in evidence against the person in any proceedings (whether civil or criminal), other than proceedings for an offence against section 151 or the Criminal Code, part 3.4 (False or misleading statements, information and documents) or section 361 (Obstructing territory public official).
151	Failing to comply with requirement of inspector
A person must not, without reasonable excuse, fail to comply with a requirement made, or direction given, by an authorised officer under this Act.
Maximum penalty:  50 penalty units.
Division 15.4	Defences
153	Due diligence
	(1)	It is a defence to a prosecution for an offence against section 137, section 138, section 139, section 141, section 142 or section 147, or an offence against a regulation that is prescribed for this section, that the defendant exercised due diligence to prevent the act or omission alleged to constitute the offence or an element of the offence.
	(2)	Without subsection (1), in deciding whether the defendant exercised due diligence, the court may have regard to—
	(a)	if the defendant is a corporation—the steps taken by it—
	(i)	to ensure that people employed or engaged by it were aware of the requirements of this Act and any relevant environmental laws and standards relating to the prevention or minimisation of environmental harm; or
	(ii)	to ensure compliance with those laws and standards by those people; or
	(iii)	to establish an environmental management system and to ensure implementation and compliance with it; or
	(b)	if the defendant was the director of a corporation or other person responsible for the management of the activity in relation to which the environmental harm happened—
	(i)	whether the defendant was personally familiar with the requirements of this Act and any relevant environmental laws and standards relating to the prevention or minimisation of environmental harm; or
	(ii)	whether the defendant had taken all reasonable steps to comply with those laws and standards; or
	(iii)	the steps taken by the defendant to ensure other people for whom it was relevant were familiar with this Act and any relevant laws and standards, and compliance with those laws and standards by those people; or
	(iv)	the steps taken by the defendant to establish an environmental management system and to ensure familiarity and compliance with it by other people for whom it was relevant; or
	(v)	whether the defendant reacted immediately and personally when the defendant became aware of any noncompliance with the environmental management system or other incident connected with the environmental harm that happened; or
	(c)	if the defendant was an employee or other person whose responsibilities did not extend to the management of the activity in relation to which the environmental harm happened—
	(i)	whether the defendant had taken all reasonable steps to become familiar with this Act and any relevant environmental laws and standards relating to the prevention or minimisation of environmental harm; or
	(ii)	whether the defendant had taken all reasonable steps to comply with those laws and standards; or
	(iii)	whether the defendant had taken all reasonable steps to become familiar, and comply, with any environmental management system established by the corporation to the extent that the system is relevant to his or her position; or
	(iv)	the steps taken by the defendant to prevent or minimise environmental harm when the defendant became aware of any incident connected with the environmental harm that happened or the likelihood of any such incident.
154	Defence of emergency
	(1)	Subject to subsection (2), it is a defence to a prosecution for an offence against section 45, section 137, section 138, section 139, section 141 or section 142, or an offence against a regulation that is prescribed for this section, that—
	(a)	the act or omission alleged to constitute the offence or an element of the offence was necessary to protect life, the environment or property in an emergency situation; and
	(b)	the defendant took all reasonable and practicable measures to prevent or deal with the emergency.
	(2)	Subsection (1) does not apply in relation to a prosecution for an offence against section 137 (1), section 138 (1) or section 139 (1) for recklessly polluting the environment causing environmental harm.
	(3)	A reference in subsection (1) to an act or omission alleged to constitute an offence or an element of an offence is, in relation to an offence against section 147 (1), a reference to the act or omission alleged to constitute the offence or an element of the offence committed by the corporation.
Division 15.5	General
155	Strict liability offences
Subject to section 153 and section 154, an offence against section 45, section 126, section 137 (3), section 138 (3), section 139 (3), section 141 or section 142, or an offence against a regulation that is prescribed for this section, are offences of strict liability.
156	Continuing offences
If an offence against this Act is alleged to have been committed by a person, in addition to the penalty otherwise applicable to the offence, the person is liable to a penalty for each day during which the act or omission continues of not more than an amount equal to 20% of the maximum penalty prescribed for that offence.
157	Additional court orders
	(1)	If a court finds a person guilty of an offence against this Act that resulted in environmental harm (whether or not the causing of environmental harm was an element of the offence), in addition to any penalty it may impose, the court may—
	(a)	order the person to take specified action to remedy or mitigate the environmental harm and, if appropriate, specified action to prevent further environmental harm; or
	(b)	order the person to carry out specified action for the restoration or enhancement of the environment in a public place or for the public benefit; or
	(c)	order the person to take specified action to publicise—
	(i)	the contravention and its environmental and other consequences; and
	(ii)	any other orders made against the person; or
	(d)	order the person to pay the amount decided by the court—
	(i)	to the Territory for any reasonable costs and expenses incurred by the Territory in taking action to remedy or mitigate the environmental harm or prevent further harm; or
	(ii)	to any other person as compensation for any injury, loss or damage to property as a result of the contravention or for costs reasonably incurred by the person in taking action to prevent or mitigate such injury, loss or damage;
and may make any other orders that the court considers necessary or convenient for the enforcement of an order under this section.
	(2)	If the court finds a person guilty of an offence against this Act, the court may, on the application of the authority, make 1 or more of the following orders:
	(a)	that the person pay the reasonable costs and expenses of the authority incurred in relation to taking samples, conducting tests or collecting other evidence for the purposes of the proceeding;
	(b)	that the person pay the legal costs of the authority incurred in relation to conducting the proceeding;
	(c)	that the person pay any other specified costs or expenses incurred by the authority in relation to conducting the proceeding.
158	Matters to be considered in imposing penalty
In imposing a penalty for an offence against this Act, a court must take into consideration (in addition to any other matter the court considers relevant)—
	(a)	the extent of the harm caused or likely to be caused to the environment by the commission of the offence; and
	(b)	the practical measures that may be taken to prevent, control, abate or mitigate that harm; and
	(c)	the extent to which the person who committed the offence could reasonably have foreseen the harm caused or likely to be caused to the environment by the commission of the offence; and
	(d)	the extent to which the person who committed the offence had control over the causes that gave rise to the offence; and
	(e)	whether, in committing the offence, the person was complying with orders from an employer or a supervising employee.

Part 16	Miscellaneous
    
158A	Annual reports to deal with environmental matters 
	(1)	The chief executive of an administrative unit must ensure that a report prepared by the chief executive under the Annual Reports (Government Agencies) Act 2004, section 5 (Annual report of chief executive) complies with subsection (3).
	(2)	A public authority must ensure that a report prepared by the authority under the Annual Reports (Government Agencies) Act 2004, section 6 (Annual report of public authority) complies with subsection (3).
	(3)	A report described in subsection (1) or (2) relating to an entity (the reporter) for a period must—
	(a)	include a report on how the actions of, and the administration (if any) of legislation by, the reporter during the period accorded with the principles of ecologically sustainable development; and
	(b)	identify how the outputs (if any) specified for the reporter in budget papers presented to the Legislative Assembly with an Appropriation Act relating to the period contributed to ecologically sustainable development; and
	(c)	document the effect of the reporter’s actions on the environment, including details of the reporter’s compliance with relevant environmental laws and standards and any contravention of a particular environmental law or standard;  and
	(d)	identify any measures the reporter is taking to minimise the impact of actions by the reporter on the environment; and
	(e)	identify the mechanisms (if any) for reviewing and increasing the effectiveness of those measures.
	(4)	The auditor-general may audit compliance with subsections (1) and (2). 
	(5)	In this section:
ecologically sustainable development—see section 2 (2).
principles of ecologically sustainable development means the principles set out in section 2 (2) (a) to (d).
public authority—see the Annual Reports (Government Agencies) Act 2004, dictionary.
159	Authorised acts and omissions
A person does not—
	(a)	contravene an environmental authorisation, an environment protection order or a provision of this Act; or
	(b)	breach an environmental protection agreement;
if the act or omission that would, apart from this provision, have constituted (whether in whole or in part) the contravention or breach was authorised by or under this Act.
159A	National pollutant inventory—provision of information
	(1)	The occupier of a facility to which the national environment protection (national pollutant inventory) measure applies, must give to the authority information required to be provided by the occupier of the facility under that measure in accordance with the measure.
Maximum penalty:  10 penalty units.
Note	If a form is approved under s 165A for information required under this section, the form must be used.
	(2)	In subsection (1):
national environment protection (national pollutant inventory) measure means the National Environment Protection (National Pollutant Inventory) Measure dated 27 February 1998, as in force from time to time, made under the National Environment Protection Council Act 1994.
160	Recovery of clean-up costs
	(1)	This section applies—
	(a)	if—
	(i)	an environment protection order requires a person to take specified action to remedy specified environmental harm; and
	(ii)	the person has failed to take the specified action; and
	(iii)	the authority has taken the specified action instead; or
	(b)	if—
	(i)	a person has breached the general environmental duty; and
	(ii)	environmental harm has been caused by the breach; and
	(iii)	it is impracticable to issue an environment protection order requiring the person to take action to remedy the harm; and
	(iv)	the authority has taken action to remedy the harm.
	(2)	The authority may give the person who failed to take the specified action or who breached the duty, a notice requiring the person to pay the specified amount, being the reasonable costs and expenses incurred by the authority in taking the action mentioned in subsection (1) (a) (iii) or (b) (iv).
	(3)	The notice must specify the date, not earlier than 20 working days after the date of the notice, on or before which the amount is required to be paid.
	(4)	If—
	(a)	the authority has given a person a notice under subsection (2); and
	(b)	the person has failed to pay the specified amount on or before the specified date;
so much of the amount as remains unpaid, together with interest on the unpaid amount, is a debt due to the Territory by that person.
Note	A rate of interest may be determined under s 165 for this subsection.
161	Assessment of reasonable costs and expenses
For this Act, the reasonable costs and expenses that have been or would be incurred by the authority or another person in taking any action are to be assessed by reference to—
	(a)	the reasonable costs and expenses that would have been or would be incurred if an independent contractor had been or were to be engaged for the purpose of taking that action; and
	(b)	the reasonable administrative costs and expenses associated with the taking of that action.
162	Statutory declarations
	(1)	If a person is required under this Act to provide information to the authority, the authority may require that the truth of the information be verified by statutory declaration.
	(2)	If the authority requires a person to verify information by statutory declaration, the person must not be taken to have provided the information as required unless it has been verified by statutory declaration.
163	Environmental record of directors, servants and agents
If, for this Act, it is necessary for the authority to consider the environmental record of a corporation or individual, the environmental record of a director, servant or agent of the corporation, or a servant or agent of the individual, may be taken to be part of the environmental record of the corporation or individual.
164	Evidentiary matters
	(1)	A certificate purporting to be signed by the authority stating that—
	(a)	on a specified date or during a specified period an environment protection policy was or was not in effect under section 24; or
	(b)	on a specified date or during a specified period, an environmental authorisation—
	(i)	was or was not held by a specified person; or
	(ii)	was or was not in effect; or
	(iii)	was or was not subject to a specified condition; or
	(c)	on a specified date, protection under section 78—
	(i)	was or was not granted in relation to a specified environmental audit report; or
	(ii)	was or was not subject to a specified condition; or
	(d)	on a specified date, a specified environmental improvement plan was or was not approved under section 71; or
	(e)	on a specified date, a specified emergency plan was or was not approved under section 84;
is evidence of the matters so stated.
	(2)	A certificate purporting to be signed by the planning and land authority stating that an area is an area to which the dictionary, definition of area of high conservation value, paragraph (a), (c) or (d) applies is evidence of the matter stated.
165	Determination of fees etc
	(1)	The Minister may, in writing, determine—
	(a)	fees for this Act; or
	(b)	the annual percentage rate at which interest payable under section 90 (3), section 91K (3), section 91L or section 160 (4) is to be calculated; or
	(c)	the annual percentage rate at which interest accruing under section 91 (a) is to be calculated.
Note	The Legislation Act contains provisions about the making of determinations and regulations relating to fees, charges and other amounts (see pt 6.3).
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
165A	Approved forms
	(1)	The authority may, in writing, approve forms for this Act.
	(2)	If the authority approves a form for a particular purpose, the approved form must be used for that purpose.
Note	For other provisions about forms, see Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
166	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note	A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(2)	A regulation may make provision in relation to—
	(a)	applying, adopting or incorporating any instrument, or any provision of an instrument, as in force from time to time; or
	(b)	the sampling and analysis of pollutants.
Note 1	A statutory instrument may also apply, adopt or incorporate (with or without change) a law or instrument (or a provision of a law or instrument) as in force at a particular time (see Legislation Act, s 47 (1)).
Note 2	If a statutory instrument applies, adopts or incorporates a law or instrument (or a provision of a law or instrument), the law, instrument or provision may be taken to be a notifiable instrument that must be notified under the Legislation Act (see s 47 (2)-(6)).
	(3)	A regulation may also prescribe offences for contraventions of a regulation and prescribe maximum penalties of not more than 10 penalty units for offences against a regulation.
	(4)	A regulation may make provision in relation to the distribution, purchase, sale, dispensation or use of petroleum products, including regulating or prohibiting certain conduct.
	(5)	A regulation may make provision in relation to the lighting, use or maintenance of a fire in the open air (other than a fire to which schedule 1, section 1.2, item 30 relates), including regulating or prohibiting certain conduct.
	(6)	A regulation may make provision in relation to—
	(a)	the manufacture, purchase, sale, storage, supply, transport, use, disposal, discharge or emission of, or other dealing with, a specified pollutant, article or other thing; or
	(b)	the servicing of equipment containing a specified pollutant, article or other thing; or
	(c)	the servicing of equipment used in relation to the manufacture, purchase, sale, storage, supply, transport, use, disposal, discharge or emission of, or other dealing  with, a specified pollutant, article or other thing;
including regulating or prohibiting certain conduct.
	(7)	A regulation may make provision in relation to ambient environmental standards.
	(8)	A regulation may amend schedule 1—
	(a)	by adding activities to, or deleting activities from, that schedule; and
	(b)	by making any other amendments of that schedule arising from, connected with or consequential on an amendment under paragraph (a).
167	Review of Act
	(1)	The Minister must review the operation of this Act as soon as possible after 1 June 2003.
	(2)	The Minister must present to the Legislative Assembly a report on the outcome of the review on or before 1 June 2004.

Schedule 1	Activities requiring environmental authorisation
    
(see s 42)
    
1.1	Definitions for sch 1
In this schedule:
aquifer means a geological formation or structure, or an artificial landfill, permeated or capable of being permeated (whether permanently or intermittently) with water.
authorised concert venue means a concert venue where the holder of an environmental authorisation for the conduct of outdoor concert activities is authorised to conduct such an activity.
authorised motor racing venue means a motor racing venue where the holder of an environmental authorisation for the conduct of motor racing events is authorised to conduct such an activity.
bore means a bore, hole, well, excavation or other opening in the ground or an underground cavity (whether occurring naturally or having been artificially constructed or modified)—
	(a)	that is used, or is capable of being used, to intercept or collect ground water; or
	(b)	from which ground water is, or is capable of being, obtained or used; or
	(c)	that is used, or is capable of being used, for the disposal of water or waste below the surface of the ground; or
	(d)	that extends into an aquifer.
clinical waste—see the Clinical Waste Act 1990, dictionary.
concert means a public performance of music the primary purpose of which is to entertain.
concert venue means a place or location where a concert is being, or is proposed to be, conducted.
environmental standards means the ACT’s Environmental Standards: Assessment and Classification of Liquid and Non-liquid Wastes published by Environment ACT, as in force for the time being.
ground water means water occurring or obtained from below the surface of the ground, including water occurring in or obtained from a bore or an aquifer, but not including water occurring in or obtained from any other system for the distribution, reticulation, transportation, storage or treatment of water or waste.
live animal weight, for animals, means the weight of the animals calculated on the basis that—
	(a)	for birds—555 layer chickens, 1 100 broiler chickens, 310 ducks, 165 geese, 110 turkeys or 17 emus represent 1t; or
	(b)	for a stock feedlot—2 cattle, 13 goats, 2 horses or 22 sheep represent 1t; or
	(c)	for a stock saleyard—2 cattle, 13 goats, 2 horses, 22 sheep, 5 deer, 17 emus, 13 kangaroos, 5 breeding sows, 17 porker pigs or 11 baconer pigs represent 1t.
logging includes the cutting and removal of pulpwood.
mobile plant, for the processing of agricultural crops, means plant operated on a temporary basis at a place for not more than 6 months in a year.
motor racing event means—
	(a)	a motor vehicle race or practice for a motor vehicle race; or 
	(b)	a motor vehicle reliability trial or speed test, including a trial or test for which the vehicles have been exempted under the road transport legislation from the provisions of that legislation about attaching silencers to the exhaust pipes of motor vehicles, rules of the road and speed limits during the trial or test.
National Electricity (ACT) Law—see the Electricity (National Scheme) Act 1997, section 5 (Application in ACT of National Electricity Law).
ozone-depleting substance means a substance listed in the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cwlth), schedule 1, whether existing alone or in a mixture.
primary production—see the Income Tax Assessment Act 1936 (Cwlth).
receiving waters means ground water or water in a waterway.
regulated waste—see section 1.1A.
road transport legislation—see the Road Transport (General) Act 1999, section 6.
stock—see the Stock Act 2005, dictionary.
stormwater means water run-off from an urban area that is normally collected by the stormwater system.
stormwater system means a system of pipes, gutters, drains, floodways and channels, being public works constructed to collect or transport stormwater in or through an urban area.
waste means any solid, liquid or gas, or any combination of them, that is a surplus product or unwanted by-product of an activity, whether the product or by-product is of value or not.
wastewater means water that is the by-product of an activity if the water—
	(a)	contains other matter (whether in a solid, liquid or gaseous state); or
	(b)	if added to receiving waters—has the potential to pollute those waters.
water includes water that contains impurities.
waterway means—
	(a)	a river, creek, stream or other natural channel in which water flows (whether permanently or intermittently); or
	(b)	a channel formed (whether in whole or part) by altering or relocating a waterway described in paragraph (a), and includes the stormwater system; or
	(c)	a lake, pond, lagoon or marsh (whether formed by geomorphic processes or by works) in which water collects (whether continuously or intermittently);
and includes the bed that the water in the waterway normally flows over or is covered by and the banks that the water in the waterway normally flows between or is contained by, but does not include land normally not part of the waterway that may be covered from time to time by floodwaters from the waterway.
year means any 12 month period.
1.1A	Meaning of regulated waste
	(1)	Regulated waste means waste that is, or contains, 1 or more of the following kinds of waste:
	(a)	hazardous waste;
	(b)	group A waste;
	(c)	industrial waste;
	(d)	solid waste, other than—
	(i)	municipal waste; or
	(ii)	food waste; or
	(iii)	vegetable matter produced by agriculture or horticulture.
	(2)	An expression used in subsection (1) and defined in the environmental standards has the same meaning as in the standards.
1.2	Class A activities
For section 42, the following activities are class A activities:
Table 1.2
column 1
item	column 2
activity	
1	the manufacture, sale, storage, supply, transport, use, servicing or disposal of, or other dealing with—
(a)	an ozone-depleting or other substance; or
(b)	a thing containing an ozone-depleting or other substance;
if that activity is a prescribed activity in relation to that substance or thing	
2	the extraction of material (other than water) from a waterway	
3	the operation of equipment designed to extract more than 30 000t per year of material (other than ground water) from land outside a waterway	
4	the operation of an incineration facility for the destruction of waste by thermal oxidation (including biological, veterinary, medical, dental, quarantine and municipal wastes)	
5	the sterilisation of clinical waste	
6	the conduct of a crematorium for the reduction by means of thermal oxidation of human bodies to cremated remains	
7	the operation of a commercial landfill facility that receives, or is intended by the operator to receive, more than 5 000t of waste per year	
8	the acceptance by a lessee or occupier of land that is in an area identified in—	
	(a)	the territory plan as 1 of the following:
	Broadacre; Rural; Hills, Ridges and Buffer Areas; River Corridors; Mountains and Bushlands; Plantation Forestry; or	
	(b)	the national capital plan as 1 of the following:
	Broadacre Areas; Rural Areas; Hills, Ridges and Buffer Spaces; River Corridors; Mountains and Bushland;
of more than 100m3 of soil for placement on that land	
9	transport activities to which the National Environment Protection (Movement of Controlled Waste between States and Territories) Measure dated 26 June 1998, as in force from time to time, made under the National Environment Protection Council Act 1994, applies	
10	the provision of regulated waste for transportation from 1 place in the ACT to another place in the ACT	
11	the transportation of regulated waste from 1 place in the ACT to another place in the ACT	
12	sewage treatment if the activity involves the discharge of treated or untreated sewage or septic tank effluent to land or water and having a peak loading capacity designed for more than 100 people per day, other than an activity involving the recycling of wastewater if there is no discharge to receiving waters	
13	the treatment (other than by incineration), storage or handling of more than 1 000m3 of contaminated soil from land outside the parcel of land where the contaminated soil is treated, stored or handled	
14	the treatment (other than by incineration), storage or handling of more than 10 000m3 of contaminated soil from land	
15	the operation of a facility at which more than 800 animals per day may be milked	
16	the operation of a facility designed to process more than 30 000kL of milk or milk products per year	
17	the operation of a facility designed to process more than 30 000t of agricultural crops per year, other than—
(a)	the processing of grapes or grape products, milk or milk products or forestry products; or
(b)	the processing of agricultural crops by a mobile plant on a farm	
18	commercial aquaculture, being the propagation or rearing of fish or other aquatic organisms in the course of which supplementary feeding is used	
19	the operation of a stock feedlot—
(a)	for the rearing or fattening of stock fed entirely or largely on prepared or manufactured feed; and
(b)	that is designed to accommodate at any one time more than 200t live animal weight of stock in a confinement area; 
other than a feedlot operated for drought or similar emergency relief or for the holding of stock at an abattoir or saleyard	
20	the keeping of poultry, game birds or emus if the premises where the birds are kept is designed to accommodate at any one time more than 180t live animal weight of birds	
21	the operation of commercial stock saleyards (including associated transport loading facilities) that sells or exchanges, or is intended by the operator to sell or exchange, more than 10 000t live animal weight of animals per year	
22	the operation of an abattoir or another facility for the processing of the products of slaughtered animals (other than for the tanning of animal skins or fellmongery) designed to process more than 3 000kg of live animals per day	
23	the commercial cleaning or carbonising of wool at a facility designed to process more than 200t of wool per year	
24	the processing of animal skins or other animal products (including fellmongery) to produce leather or other similar products	
25	outdoor concert activities using amplifying equipment if the venue has the capacity to hold more than 2 000 people and is not an authorised concert venue	
26	the management of a concert venue that has the capacity to hold more than 2 000 people where outdoor concert activities using amplifying equipment are held	
27	the generation of electricity by a generator classified as a scheduled generating unit under the national electricity rules, clause 2.2.2, under the National Electricity (ACT) Law	
28	motor racing events, other than motor racing events held at an authorised racing venue	
29	the management of a motor racing venue where motor racing events are held	
30	lighting, using or maintaining a fire in the open air, or causing or permitting a fire to be lit, used or maintained in the open air, for the purpose of burning plant matter—
(a)	to reduce a fire hazard; or
(b)	to clear the land; or
(c)	to conserve biological diversity or ecological integrity	
31	the commercial use of chemical products registered under the Agricultural and Veterinary Chemicals Code as in force for the time being under the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth) for pest control or turf management	
32	the operation of a facility designed to store more than 500m3 of petroleum products	
33	the production of petroleum products (other than the recovery, processing or disposal of petroleum product waste) at a facility designed to produce more than 100t of petroleum products per year	
34	the operation of a facility that  recovers, processes or disposes, or is intended by the operator to recover, process or dispose, of more than 20t of waste petroleum products per year	
35	the operation of an aerodrome for helicopters (other than a facility used only for the emergency medical evacuation, retrieval or rescue of people by helicopter) if—
(a)	the aerodrome is operated for more than 2 weeks; and
(b)	the number of take-offs and landings by helicopters is, or is intended by the operator to be, more than 30 per week; and
(c)	the aerodrome is located less than 1km from a dwelling not associated with the aerodrome	
36	the conduct of a logging operation that logs, or is intended by the operator to log, more than 5 000t of timber per year	
37	the commercial production of alcoholic beverages or distilled alcohol at a facility designed to produce more than 100kL of alcoholic beverages or distilled alcohol per year	
38	the conduct of an operation that applies to land, or is intended by the operator to apply to land, more than 500t per year of organic products produced by the treatment of sewerage for the improvement of soil	
39	the operation of a facility that composts, or is intended by the operator to compost, more than 200t of animal waste, or 5 000t of plant waste, per year	
40	timber chipping, pulping or milling at a facility (other than at a joinery or retail timber yard) designed to process or produce more than 30 000m3 of timber or wood products per year	
41	the manufacture of things in furnaces or kilns (including bricks, glass, pipes, pottery goods and tiles) at a facility designed to produce 10 000t or more of things per year	
42	the preservation of wood for commercial purposes using chemicals (including copper, chromium, arsenic and creosote) at a facility designed to process 10 000m3 or more of wood per year	
43	the production of concrete or concrete products at a facility designed to produce more than 7 000m3 of concrete per year	
44	the production of road building materials by the mixing of ground rock aggregate and bituminous materials at a production facility that—
(a)	is, or is intended to be, located at the one site for more than 1 year; and 
(b)	is designed to produce more than 30 000t of road building materials per year	
45	the operation of a facility for the crushing, grinding or separating of materials (including sand, gravel, rock, minerals, slag, road base, concrete, bricks, tiles, asphaltic material, metal or timber) into different sizes, if the processing facility is designed to produce more than 10 000t of processed materials per year	
46	the sale or supply in the ACT of firewood to the person who uses it, unless—
(a)	the quantity of firewood sold or supplied is less than 100kg; or
(b)	the firewood is sold under a scheme in which an annual fee is paid for the right to collect waste softwood in pine plantations	
47	the sale or supply in the ACT of firewood to a person other than one mentioned in item 46	
48	the cutting, storing or seasoning in preparation for sale or supply, of firewood in the ACT	

1.3	Class B activities
For section 42, the following activities are class B activities:
Table 1.3
column 1
item	column 2
activity	
1	the manufacture of things in furnaces or kilns (including bricks, glass, pipes, pottery goods and tiles) at a facility designed to produce between 100t and 10 000t of things per year	
2	the preservation of wood for commercial purposes using chemicals (including copper, chromium, arsenic and creosote) at a facility designed to process less than 10 000m3 of wood per year	
3	forestry activities, being the growing, harvesting and management of forestry products	
4	major land development or construction activities, being—
(a)	land development, or the construction of a commercial building, on a site of 0.3ha or more and including the construction of associated public infrastructure; or
(b)	the construction of public infrastructure on a site of 0.3ha or more;
but not including the installation of pipes or lines for linear utilities such as gas, water, electricity and telephone	
5	management of municipal services maintenance on unleased land, being the maintenance of—
(a)	urban parkland or other municipal landscapes; or
(b)	public places, public roads or public footpaths; or
(c)	the stormwater system	
6	wastewater recycling activities, being—
(a)	the treatment for the purpose of reuse of wastewater (including effluent) in a treatment plant that has a capacity of greater than 3ML per year; or
(b)	the reuse of more than 3ML per year	
7	the commercial collection of waste from commercial premises	

Schedule 2	Specific offences
(see s 145)
    
Part 2.1	Preliminary
2.1	Definitions for sch 2
In this schedule:
AS 4013 means Australian Standard 4013, ‘Domestic solid fuel burning appliances—Method for determination of flue gas emission’.
fuel-burning equipment means a furnace, boiler, fireplace, oven, retort, incinerator, internal-combustion engine, chimney or any other apparatus, device, mechanism or structure, in the operation of which combustible material is, or is intended to be, used or that is, or is intended to be, used in relation to the burning of combustible material.
high-octane unleaded petrol means unleaded petrol that has a research octane number of more than 93.0.
leaded petrol means petrol other than unleaded petrol.
low-octane unleaded petrol means unleaded petrol that has a research octane number of not less than 91.0 and not more than 93.0.
maximum lead concentration means the lead concentration specified in the Clean Air (Motor Vehicles and Motor Vehicles Fuels) Regulation 1997 (NSW), clause 14 (1).
residential premises means premises that are used exclusively or primarily for residential purposes.
sell includes exhibit or offer for sale (whether by wholesale or retail) and supply by way of exchange, lease, hire or credit sale.
solid fuel-burning equipment means fuel-burning equipment that is designed to burn hard wood, soft wood or briquettes and to which AS 4013 applies.
unleaded petrol means petrol that—
	(a)	contains not more than 0.013g of lead per L; and
	(b)	contains not more than 0.0013g of phosphorus per L; and
	(c)	contains not more than 0.10% of sulfur by weight or, while a determination under section 2.6 specifying a higher percentage is in force, not more than that percentage; and
	(d)	has a research octane number of not less than 91.0; and
	(e)	has a motor octane number of not less than 82.0.

Part 2.2	Offences relating to articles that emit noise
2.2	Sale of articles that emit excessive noise
A person must not sell a prescribed article that, when in operation, emits noise that exceeds the prescribed level.
Maximum penalty:  100 penalty units.

Part 2.3	Offences relating to fuel-burning equipment
2.3	Emission of pollutants in excess of prescribed concentrations
	(1)	A person must not use, or cause or permit to be used, on any premises, a fuel that contains more than the prescribed proportion of a prescribed constituent unless the activity is authorised by an environmental authorisation.
	(2)	A person who contravenes subsection (1) commits an indictable offence. 
Maximum penalty:  100 penalty units.
2.4	Sale of solid fuel-burning equipment
	(1)	A person must not sell solid fuel-burning equipment, other than prescribed equipment, for use on residential premises unless—
	(a)	it complies with AS 4013; and
	(b)	a certificate of compliance under subsection (3) has been issued in relation to equipment of the same type by an entity authorised by the authority in writing for this paragraph.
	(2)	A person who, without reasonable excuse, contravenes subsection (1) commits an indictable offence. 
Maximum penalty:  30 penalty units.
	(3)	For subsection (1) (b), an authorised entity may certify, in relation to solid fuel-burning equipment of a particular type, that—
	(a)	equipment of that type has been tested (whether by that entity, or by another entity) in accordance with the test procedure specified in AS 4013; and
	(b)	the authorised entity is satisfied that the equipment tested had an appliance particulate emission factor not greater than the maximum allowable particulate emission factor specified in AS 4013, section 7.
	(4)	An authorisation under subsection (1) (b) is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(5)	The Legislation Act, chapter 7 (Presentation, amendment and disallowance of subordinate laws and disallowable instruments) applies to an authorisation as if each reference in that chapter to 6 sitting days were a reference to 5 sitting days.
2.5	Interference with solid fuel-burning equipment or attached plates
	(1)	A person must not alter the information on, or remove, a plate attached to solid fuel-burning equipment that contains information required to be marked on a plate in accordance with AS 4013, section 10.
	(2)	A person who sells solid fuel-burning equipment for use on residential premises, or installs solid fuel-burning equipment on residential premises, must not alter in a material way—
	(a)	the structure, exhaust system or inlet air system of the equipment; or
	(b)	a part of the equipment that is involved in the combustion process.
	(3)	Subsection (2) does not apply to the sale or installation of prescribed equipment.
	(4)	A person who, without reasonable excuse, contravenes subsection (1) or (2) commits an indictable offence.
Maximum penalty:  30 penalty units.

Part 2.4	Offences relating to petrol
2.6	Determination of higher sulfur content of unleaded petrol
	(1)	If the authority is satisfied that, because of the high sulfur levels present in petrol available in the ACT, there are insufficient supplies of unleaded petrol available in the ACT, the authority may, in writing, determine the percentage of sulfur for section 2.1, definition of unleaded petrol, paragraph (c).
	(2)	A determination is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(3)	A determination expires at the end of the period (not later than 30 days) stated in the determination.
2.7	Sale of leaded petrol as unleaded petrol
	(1)	A person must not, in the course of the distribution or wholesaling of petrol—
	(a)	sell or distribute for sale as unleaded petrol; or
	(b)	offer or exhibit for sale as unleaded petrol; or
	(c)	have in his or her possession for sale as, or for distribution for sale as, unleaded petrol;
petrol that, at the time it is sold, distributed, offered, exhibited or had in possession, as the case may be, is leaded petrol.
Maximum penalty:  100 penalty units.
	(2)	A person must not, otherwise than in the course of the distribution or wholesaling of petrol—
	(a)	sell or distribute for sale as unleaded petrol; or
	(b)	offer or exhibit for sale as unleaded petrol; or 
	(c)	have in his or her possession for sale as, or for distribution for sale as, unleaded petrol;
petrol that, at the time it is sold, distributed, offered, exhibited or had in possession, as the case may be, is leaded petrol.
Maximum penalty:  50 penalty units.
	(3)	A person (the defendant) is not guilty of an offence against this section if the defendant adduces evidence that—
	(a)	the petrol to which the charge relates was supplied to the defendant by another named person as unleaded petrol; and
	(b)	the defendant reasonably believed that the petrol to which the charge relates was unleaded petrol; and
	(c)	the petrol to which the charge relates had not ceased to be unleaded petrol because it had been contaminated while in the defendant’s possession;
and that evidence is not rebutted by the prosecution.
	(4)	An offence against this section is punishable on indictment.
2.8	Prohibition of sale of leaded petrol unless low lead
	(1)	Subsections (3) and (4) do not apply during any period when a declaration is in force under section 2.8A (Declaration about application of certain provisions).
	(2)	A notice may be expressed to come into effect immediately on the end of a previous notice.
	(3)	Subject to subsection (5) and unless exempted by the authority under section 2.9, a person must not, in the course of the distribution or wholesaling of petrol—
	(a)	sell or distribute for sale leaded petrol; or
	(b)	offer or exhibit for sale leaded petrol; or
	(c)	have in his or her possession for sale, or for distribution for sale, leaded petrol;
if the petrol contains more than the maximum lead concentration per litre.
Maximum penalty:  100 penalty units.
	(4)	Subject to subsection (5) and unless exempted by the authority under section 2.9, a person must not, otherwise than in the course of the distribution or wholesaling of petrol—
	(a)	sell or distribute for sale leaded petrol; or
	(b)	offer or exhibit for sale leaded petrol; or
	(c)	have in his or her possession for sale, or for distribution for sale, leaded petrol;
if the petrol contains more than the maximum lead concentration per litre.
Maximum penalty:  50 penalty units.
	(5)	Subsections (3) and (4) do not apply to the sale, distribution for sale, offer or exhibition for sale or the having in possession for sale or distribution for sale, of petrol containing more than the maximum lead concentration per litre if the petrol is for use in aircraft.
	(6)	A person who purchases leaded petrol for resale may demand from the vendor a written warranty that the petrol contains not more than the maximum lead concentration per litre.
	(7)	A vendor of petrol who refuses to give a warranty demanded under subsection (6) commits an offence.
Maximum penalty:  10 penalty units.
	(8)	It is a defence to a prosecution for an offence against this section that the petrol to which the charge relates—
	(a)	was supplied to the defendant with a warranty under subsection (6); and
	(b)	was sold in the state in which it had been purchased.
2.8A	Declaration about application of certain provisions
	(1)	The Minister may, in writing, declare that section 2.8 (4) and (5) does not apply.
	(2)	A declaration is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(3)	A declaration expires at the end of the period (not longer than 1 month) stated in the declaration.
2.9	Exemption
	(1)	If the authority is satisfied—
	(a)	that the supply of leaded petrol is, or is likely to be, inadequate for the needs of the ACT; or
	(b)	that a supplier or distributor of petrol is unable, for reasons beyond his or her control, to supply or distribute leaded petrol to the people in the ACT to whom he or she usually supplies or distributes it; 
the authority may, in writing, exempt a person from section 2.8 (4) or (5).
	(2)	An exemption is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(3)	The authority must also publish the exemption in a daily newspaper.
	(4)	An exemption expires at the end of the period (not longer than 1 month) stated in the exemption.
2.10	Petrol pumps to be constructed and marked as prescribed
A person who sells petrol by retail must ensure that the equipment used for or in relation to the sale of petrol is constructed and marked as prescribed.
Maximum penalty:  20 penalty units.
2.11	Petrol additives
	(1)	A person must not—
	(a)	sell or distribute for sale; or
	(b)	advertise for sale;
a substance as a substance that is suitable for adding to petrol that is to be used in a motor vehicle if that substance contains lead, phosphorus or sulfur.
Maximum penalty:  20 penalty units.
	(2)	Nothing in subsection (1) applies in relation to a substance that is sold, distributed for sale or advertised for sale as a substance that is suitable for adding to petrol to make a fuel suitable for use in engines having a two-stroke combustion cycle.
2.12	Type of petrol to be used
	(1)	A person must not—
	(a)	fuel with leaded petrol a motor vehicle that is designed to operate on unleaded petrol; or
	(b)	except when a declaration under section 2.8A (1) is in force, or an exemption under section 2.9 (1) is in force in relation to the person, without reasonable excuse, fuel with petrol that contains more than the maximum lead concentration per litre any other motor vehicle that is designed to operate on petrol.
Maximum penalty:  5 penalty units.
	(2)	A reference in this section to a motor vehicle that is designed to operate on unleaded petrol is a reference to an unleaded petrol motor vehicle within the meaning of the regulations under the Road Transport (Vehicle Registration) Act 1999.
2.13	Sale of high-octane unleaded petrol
	(1)	A person must not offer high-octane unleaded petrol for sale unless the person also offers low-octane unleaded petrol for sale.
Maximum penalty:  50 penalty units.
	(2)	A person is not guilty of an offence against subsection (1) if the person adduces evidence that the person failed to offer low-octane unleaded petrol for sale for reasons beyond the person’s control, and that evidence is not rebutted by the prosecution.
	(3)	An offence against this section is punishable on indictment.

Part 2.5	Summary proceedings for indictable offences
2.14	Certain offences may be dealt with summarily
	(1)	A proceeding for an offence against this schedule must be heard and decided by the Magistrates Court.
	(2)	If, in accordance with subsection (1), the Magistrates Court hears and decides a  proceeding for an offence, the court may not impose a fine exceeding 20 penalty units.

 U 	Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	administrative appeals tribunal
·	exercise 
·	function
·	heritage register
·	Minister (see s 162)
·	public employee
·	public servant
·	State.
activity means a current or proposed activity including a process, operation, project, venture or business.
analyst means an analyst under section 15.
an offence, for part 11 (Powers of authorised officers)—see section 95.
appropriate person means the appropriate person under section 91I.
approved use, for division 9.5 (Assessment and remediation)—see section 91A.
area of high conservation value means—
	(a)	an area identified in the territory plan as—
	(i)	a wilderness area; or
	(ii)	a national park; or
	(iii)	a nature reserve; or
	(iv)	a cemetery or burial ground; or
	(b)	a place, other than a structure or group of structures, registered under the Heritage Act 2004; or
	(c)	the area identified in the territory plan as the area to which the river corridor land use policy for the Murrumbidgee River applies; or
	(d)	any other prescribed area.
AS 4013, for schedule 2 (Specific offences)—see section 2.1.
assessment means an assessment made under the Land Act, division 4.3.
assessment order, for part 9 (Environmental protection)—see section 91J.
auditor, for division 9.2 (Environmental audits)—see section 73.
authorisation fee, for an environment authorisation, means the fee payable in relation to the authorisation.
authorised activity means an activity in relation to which there is an environmental authorisation.
authorised officer means an authorised officer under section 14 (3).
authority means the Environment Protection Authority under section 11.
conduct includes acts and omissions.
connected, for part 11 (Powers of authorised officers)—see section 95.
consultation period, for part 4 (Environment protection policies)—see section 23B.
contaminated, in relation to land—see section 4.
development—see the Land Act, section 222.
draft environment protection policy, for part 4 (Environment protection policies)—see section 23B.
emergency plan means an emergency plan described in section 81.
enter, for part 11 (Powers of authorised officers)—see section 95.
environment means each of the following:
	(a)	the components of the earth, including soil, the atmosphere and water;
	(b)	any organic or inorganic matter and any living organism;
	(c)	human made or modified structures and areas;
	(d)	ecosystems and their constituent parts, including people and communities;
	(e)	the qualities and characteristics of places and areas that contribute to their biological diversity and ecological integrity, scientific value, and amenity; 
	(f)	the interactions and interdependencies within and between the things mentioned in paragraphs (a) to (e);
	(g)	the social, aesthetic, cultural and economic conditions that affect, or are affected by, the things mentioned in paragraphs (a) to (e).
environmental audit, for division 9.5 (Assessment and remediation)—see section 91A.
environmental authorisation—
	(a)	for this Act generally—means an environmental authorisation under part 8 (Environmental authorisations); and
	(b)	for part 8—see section 41A.
environmental emergency, for division 9.3 (Emergency plans)—see section 80.
environmental harm means any impact on the environment as a result of human activity that has the effect of degrading the environment (whether temporarily or permanently).
environmental nuisance means an unreasonable interference with the enjoyment by the public, a section of the public or a person of a place or area, if the interference caused or likely to be caused by—
	(a)	dust, fumes, light, noise, odour or smoke; or
	(b)	an unhealthy, unsightly or otherwise offensive condition because of pollution.
environmental protection agreement means an environmental protection agreement under section 38.
environmental record means the environmental record of a person both in the ACT and elsewhere, and includes any action taken by the person for this Act.
environment improvement initiative means—
	(a)	an environmental protection agreement that has as 1 of its terms a requirement that a party comply with a code of practice accredited under section 31; or
	(b)	an environmental improvement plan accredited under section 72; or
	(c)	a prescribed standard of the International Organization for Standardization; or
	(d)	a prescribed initiative.
environment protection order means an environment protection order under section 125.
environment protection policy means an environment protection policy under part 4.
Note	A reference to an instrument (including a policy) includes a reference to the instrument as originally made and as amended (see Legislation Act, s 102).
environment protection policy—
	(a)	for this Act generally, means an environment protection policy under part 4 (Environment protection policies); and
	(b)	for part 4—see section 23B.
Note	A reference to an instrument (including a policy) includes a reference to the instrument as originally made and as amended (see Legislation Act, s 102).
financial assurance means a financial assurance under section 85.
financial controller means a receiver, manager or other person who has possession or control of land for the purpose of realising part or all of the value of the land to discharge an obligation secured over the land.
fuel-burning equipment, for schedule 2 (Specific offences)—see section 2.1.
general environmental duty means the duty of care described in section 22 (1).
high-octane unleaded petrol, for schedule 2 (Specific offences)—see section 2.1.
information discovery order means an information discovery order under section 133.
inquiry means an inquiry conducted under the Land Act, division 4.4.
land includes water on or below the surface of land and the bed of such water.
Land Act means the Land (Planning and Environment) Act 1991.
leaded petrol, for schedule 2 (Specific offences)—see section 2.1.
low-octane unleaded petrol, for schedule 2 (Specific offences)—see section 2.1.
material environmental harm means environmental harm—
	(a)	that is significant, including environmental harm that becomes significant—
	(i)	over time; or
	(ii)	due to its frequent recurrence; or
	(iii)	due to its cumulative effect with other relevant events; or
	(b)	that is to an area of high conservation value, other than harm that is trivial or negligible; or
	(c)	that results in loss or damage to property to the value of more than $5 000; or
	(d)	that results in necessary remedial action costing more than $5 000.
maximum lead concentration, for schedule 2 (Specific offences)—see section 2.1.
motor vehicle—see the Road Transport (General) Act 1999, dictionary.
national capital plan means the national capital plan under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), part 3.
national environment protection measure, for division 9.5 (Assessment and remediation)—see section 91A.
national scheme laws means—
	(a)	the National Environment Protection Council Act 1994 (Cwlth); and
	(b)	the National Environment Protection Council Act 1994.
newspaper means a newspaper published and circulating in the ACT.
notional lessee, in relation to land, means a person who has vested rights in relation to the land that—
	(a)	carry an entitlement to have the lease transferred to that person; or 
	(b)	enable the person to dispose of or otherwise deal with the land;
so that the person is able to benefit from the value of the lease, or a substantial part of it, by the transfer, disposal or dealing, and includes a mortgagee in possession of the land the subject of the lease, but does not include—
	(c)	a person having security over the lease; or
	(d)	a person who is a legal personal representative of a person who was the lessee of the land immediately before the appointment of the representative took effect or who was a lessee of the land immediately before his or her death; or
	(e)	the public trustee because of the operation of the Public Trustee Act 1985, section 19; or 
	(f)	a person who would otherwise be a notional lessee if—
	(i)	the person has some security of the lease; and
	(ii)	the person, or a financial controller appointed by the person, has entered into a contract to sell the land for the purpose of realising all or part of the value of the land to discharge an obligation so secured.
pollutant means—
	(a)	a gas, liquid or solid; or
	(b)	dust, fumes, odour or smoke; or
	(c)	an organism (whether alive or dead), including a virus and a prion; or
	(d)	energy, including heat, noise or radioactivity, or light or other electromagnetic radiation; or
	(e)	anything prescribed; or
	(f)	a combination of 1 or more of the things described in paragraphs (a) to (e);
that, when discharged, emitted, deposited or disturbed, may cause environmental harm.
pollute includes to cause or fail to prevent the discharge, emission, depositing, disturbance or escape of a pollutant.
premises, for part 11 (Powers of authorised officers)—see section 95.
preparation requirements, for division 9.3 (Emergency plans)—see section 80.
prescribed activity means—
	(a)	a class A activity listed in schedule 1, section 1.2; or
	(b)	a class B activity listed in schedule 1, section 1.3; or
	(c)	an activity in relation to which a person has been given a notice under section 43 (1).
register means the register kept under section 21A.
remediation, in relation to contaminated land, includes—
	(a)	preparing a long-term management plan (if any) for the land; and
	(b)	removing, dispersing, destroying, reducing, mitigating or containing the contamination of the land; and
	(c)	eliminating or reducing any hazard arising from the contamination of the land (including by preventing the entry of people or animals on the land).
remediation order, for part 9 (Environmental protection)—see section 91J.
residential premises—
	(a)	for part 11 (Powers of authorised officers)—see section 95; and
	(b)	for schedule 2 (Specific offences)—see section 2.1.
sell, for schedule 2 (Specific offences)—see section 2.1.
serious environmental harm means environmental harm—
	(a)	that is very significant, including environmental harm that becomes very significant—
	(i)	over time; or
	(ii)	due to its frequent recurrence; or
	(iii)	due to its cumulative effect with other relevant events; or
	(b)	that is to an area of high conservation value and is significant, including environmental harm that becomes significant—
	(i)	over time; or
	(ii)	due to its frequent recurrence; or
	(iii)	due to its cumulative effect with other relevant events; or
	(c)	that results in loss or damage to property to the value of more than $50 000; or
	(d)	that results in necessary remedial action costing more than  $50 000.
site audit statement means a written statement of the findings of an environmental audit conducted by an auditor for division 9.5 for assessment for, or remediation of, contaminated land.
solid fuel-burning equipment, for schedule 2 (Specific offences)—see section 2.1.
substance, for division 9.5 (Assessment and remediation)—see section 91A.
unleaded petrol, for schedule 2 (Specific offences)—see section 2.1.
working day means a day other than a Saturday, a Sunday, a public holiday or  a day that is a holiday for public servants.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Environment Protection Act 1997 No 92
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
remainder commenced 1 June 1998 (s 2 (3))
as amended by
Building (Amendment) Act (No 2) 1998 No 52 sch
notified 16 November 1998 (Gaz 1998 No S205)
ss 1-3 commenced 16 November 1998 (s 2 (1))
sch commenced 4 January 1999 (Gaz 1999 No S1)
Environment Protection (Amendment) Act 1999 No 54
notified 17 September 1999 (Gaz 1999 No S54)
ss 1-3 commenced 17 September 1999 (s 2 (1))
remainder (ss 4-26) commenced 17 March 2000 (s 2 (3))
Road Transport Legislation Amendment Act 1999 No 79 sch 3
notified 23 December 1999 (Gaz 1999 No S65)
s 1, s 2 commenced 23 December 1999 (IA s 10B)
sch 3 commenced 1 March 2000 (s 2 and Gaz 2000 No S5)
Environment Protection Amendment Act 2000 No 12
notified 6 April 2000 (Gaz 2000 No 14)
commenced 6 April 2000 (s 2)
Environment Protection (Prescribed Activities) Regulations SL 2000 No 31
notified 20 July 2000 (Gaz 2000 No 29)
commenced 20 July 2000 (reg 2)
Environment Protection (Legislation) Regulations SL 2000 No 36 pt 2
notified 21 September 2000 (Gaz 2000 No 38)
commenced 21 September 2000 (reg 2)
Environment Protection Legislation Amendment Act 2000 No 55 pt 2
notified 5 October 2000 (Gaz 2000 No 40)
s 1, s 2 commenced 5 October 2000 (IA s 10B)
pt 2 (s 3, s 4) commenced 5 April 2001 (IA s 10E)
Environment Protection Regulations Amendment SL 2001 No 9 pt 2
notified 5 April 2001 (Gaz 2001 No 14)
reg 1 commenced 5 April 2001 (IA s 10B)
pt 2 (regs 2-5) commenced 5 April 2001 (reg 1)
Legislation (Consequential Amendments) Act 2001 No 44 pt 130
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 130 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Environment Protection Amendment Act 2001 No 91
notified LR 24 September 2001
s 1, s 2 commenced 24 September 2001 (LA s 75)
remainder (ss 3-24) commenced 24 September 2001 (s 2)
Legislation Amendment Act 2002 No 11 pt 2.19
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)
pt 2.19 commenced 28 May 2002 (s 2 (1))
Planning and Land (Consequential Amendments) Act 2002 A2002-56 sch 3 pt 3.5
notified LR 20 December 2002 
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
sch 3 pt 3.5 commenced 1 July 2003 (s 2 and see Planning and Land Act 2002 A2002-55, s 2)
Statute Law Amendment Act 2003 A2003-41 sch 3 pt 3.9
notified LR 11 September 2003
s 1, s 2 commenced 11 September 2003 (LA s 75 (1))
sch 3 pt 3.9 commenced 9 October 2003 (s 2 (1))
Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.13
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
sch 1 pt 1.13 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)
Construction Occupations Legislation Amendment Act 2004 
A2004-13 sch 2 pt 2.10
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.10 commenced 1 September 2004 (s 2 and see Construction Occupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8)
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.13, sch 2 pt 2.33
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 1 pt 1.13, sch 2 pt 2.33 commenced 9 April 2004 (s 2 (1))
Environment Legislation Amendment Act 2004 A2004-23 pt 3
notified LR 19 May 2004
s 1, s 2 commenced 19 May 2004 (LA s 75 (1))
pt 3 commenced 19 July 2004 (s 2 and CN2004-13)
Emergencies Act 2004 A2004-28 pt 3.9
notified LR 29 June 2004
s 1, s 2 commenced 29 June 2004 (LA s 75 (1))
pt 3.9 commenced 1 July 2004 (s 2 (1) and CN2004-11)
Heritage Act 2004 A2004-57 sch 1 pt 1.4
notified LR 9 September 2004
s 1, s 2 commenced 9 September 2004 (LA s 75 (1))
sch 1 pt 1.4 commenced 9 March 2005 (s 2 and LA s 79)
Stock Act 2005 A2005-19 sch 1 pt 1.2
notified LR 13 April 2005
s 1, s 2 commenced 13 April 2005 (LA s 75 (1))
sch 1 pt 1.2 commenced 26 August 2005 (s 2 and CN2005-13)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.19
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.19 commenced 12 November 2005 (s 2 (2) and LA s 79)
Statute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.9
notified LR 21 December 2005
s 1, s 2 commenced 21 December 2005 (LA s 75 (1))
sch 3 pt 3.9 commenced 11 January 2006 (s 2 (1))
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.37
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.37 commenced 12 April 2007 (s 2 (1))
Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.12
notified LR 20 June 2007
s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))
sch 3 pt 3.12 commences 11 July 2007 (s 2 (1))
Environment Protection (Fuel Sales Data) Amendment Act 2007 A2007-17 pt 2
notified LR 14 June 2007
s 1, s 2 commenced 14 June 2007 (LA s 75 (1))
pt 2 commenced 1 July 2007 (s 2)
4	Amendment history
Objects
s 2	orig s 2
	om 2001 No 44 amdt 1.1472
	pres s 2
	(prev s 3) am 1999 No 54 s 4; 2001 No 91 s 4; pars renum R12 LA; A2007-3 amdt 3.183
	renum as s 2 A2007-3 amdt 3.184
Dictionary
s 3	orig s 3
	renum as s 2
	pres s 3
	ins A2007-3 amdt 3.190
Notes
s 3A	ins A2007-3 amdt 3.190
Meaning of contaminated land
s 4	am 1999 No 54 s 5 (b); 2001 No 44 amdt 1.1473
	defs reloc to dict A2007-3 amdt 3.189
	sub A2007-3 amdt 3.190
	def contaminated or contamination ins 1999 No 54 s 5 (a)
	om A2007-3 amdt 3.186
	def determined fee om 2001 No 44 amdt 1.1475
	def environmental authorisation om A2007-3 amdt 3.187
	def heritage places register om A2004-57 amdt 1.6
	def heritage register ins A2004-57 amdt 1.6
	om A2007-3 amdt 3.188
	def Territory plan om 2001 No 44 amdt 1.1477
	def this Act om 2001 No 44 amdt 1.1478
Things taken to have impact causing environmental harm
s 5	am A2007-3 amdt 3.191
Relationship with Emergencies Act
s 6	sub A2004-28 amdt 3.25
Limitation of application in relation to certain people and things
s 8	am 1999 No 54 s 6; 1999 No 79 sch 3
Criminal liability of government entities
s 10	sub 2002 No 11 amdt 2.39
	am A2005-20 amdt 3.147
Environment Protection Authority
div 2.1 hdg	(prev pt 2 div 1 hdg) renum R2 LA
Environment Protection Authority
s 11	am 2001 No 91 s 6, s 7
	sub A2007-3 amdt 3.192
	(2)-(4) exp 12 April 2008 (s 11 (4) (LA s 88 declaration applies))
Authority’s functions
s 12	sub A2007-16 amdt 3.47
Delegation by authority
s 13	sub A2007-16 amdt 3.48
Authorised officers
s 14	sub A2007-3 amdt 3.193
	(4)-(6) exp 12 April 2008 (s 14 (6) (LA s 88 declaration applies))
Analysts
s 15	sub A2007-3 amdt 3.194
Disclosure of interests
s 17	am A2007-16 amdt 3.49
Legal immunity
s 18	am A2007-16 amdt 3.50
Public inspection of documents
div 2.2	(prev pt 2 div 2 hdg) renum R2 LA
Inspection of documents
s 19	am 1999 No 54 s 7; pars renum R6 LA
Exclusion of material
s 21	am 1999 No 54 s 8; pars renum R6 LA
Register of contaminated sites
div 2.3 hdg	(prev pt 2 div 3 hdg) ins 1999 No 54 s 9
	renum R2 LA
Register of contaminated sites
s 21A	ins 1999 No 54 s 9
	am A2002-56 amdt 3.31
Notification of making of certain entries in register
s 21B	ins 1999 No 54 s 9
	am 2001 No 44 amdts 1.1479-1.1481
Duty to notify existence of contaminated land
s 23A	ins 1999 No 54 s 10
Definitions for pt 4
s 23B	ins 2001 No 44 amdt 1.1482
Contents
s 24	am 2001 No 91 s 8
Consultation on draft environment protection policy
s 25	sub 2001 No 44 amdt 1.1483
Consideration of suggestions etc and revision of draft environment protection policy
s 26	sub 2001 No 44 amdt 1.1483
Making of environment protection policy
s 27	sub 2001 No 44 amdt 1.1483
Notification of environment protection policies etc
s 28	sub 2001 No 44 amdt 1.1483
Accrediting codes of practice
s 31	am 2001 No 44 amdts 1.1484-1.1486
Notification of accredited codes of practice
s 32	am 2001 No 44 amdt 1.1487
Regulation may make provision for schemes
s 37	am 2001 No 44 amdt 1.1488, amdt 1.1489
Notification of environmental protection agreements
s 41	sub 2001 No 44 amdt 1.1490
	am 2001 No 91 s 9
Interpretation for pt 8
pt 8 div 1A hdg	ins 1999 No 54 s 11
Meaning of environmental authorisation
s 41A	ins 1999 No 54 s 11
Application
s 47	am 2001 No 44 amdts 1.1491-1.1493
Consultation on application for environmental authorisation
s 48	sub 2001 No 44 amdt 1.1494
Grant
s 49	am A2003-41 amdt 3.215
Notification of grant
s 50	am 2001 No 44 amdt 1.1495; 2001 No 91 s 10
Kinds of conditions
s 51	am 2001 No 44 amdt 1.1496; 2001 No 91 s 11
Period of authorisation
s 52	am 2001 No 44 amdt 1.1497, amdt 1.1498
Authorisation fees
s 53	sub 2001 No 44 amdt 1.1499
Determination of fee instalments
s 54	om 2001 No 44 amdt 1.1500
Nonpayment of fees
s 55	am 2001 No 44 amdt 1.1501
Refund and remission of fees
s 56	om 2001 No 44 amdt 1.1502
Notification of review of environmental authorisations
s 59	sub 2001 No 44 amdt 1.1503
Recognised environmental authorisations
s 67A	ins 1999 No 54 s 12
	am 2001 No 44 amdt 1.1504, amdt 1.1505
Environmental improvement plans
div 9.1 hdg	(prev pt 9 div 1 hdg) renum R2 LA
Contents of environmental improvement plan
s 68	am 2001 No 91 s 12
Authority may require environmental improvement plan
s 69	am 2001 No 44 amdt 1.1506
Submission of environmental improvement plan
s 70	om 2001 No 44 amdt 1.1507
Environmental audits
div 9.2 hdg	(prev pt 9 div 2 hdg) renum R2 LA
Certain auditors to be approved
s 75	am 1999 No 54 s 13
Authority may require environmental audit
s 76	am 1999 No 54 s 14; 2001 No 44 amdts 1.1508-1.1510
Requests for auditor’s statements
s 76A	ins 1999 No 54 s 15
Annual returns—auditors
s 76B	ins 1999 No 54 s 15
	am 2001 No 44 amdts 1.1511-1.1513; 2001 No 91 s 13
Protection for reports of voluntary audits
s 78	am 2001 No 44 amdts 1.1514-1.1516
Emergency plans
div 9.3 hdg	(prev pt 9 div 3 hdg) renum R2 LA
Authority may require emergency plan
s 82	am 2001 No 44 amdt 1.1517
Submission of emergency plan
s 83	om 2001 No 44 amdt 1.1518
Financial assurances
div 9.4 hdg	(prev pt 9 div 4 hdg) renum R2 LA
Recovery of extra costs
s 90	am 2001 No 44 amdt 1.1519, amdt 1.1520
Money held by Territory as financial assurance
s 91	am 2001 No 44 amdt 1.1521, amdt 1.1522
Assessment and remediation
pt 9 div 5 hdg	ins 1999 No 54 s 16
Definitions for div 9.5
s 91A hdg	sub R2 LA (see also 2001 No 91 s 15)
s 91A	ins 1999 No 54 s 16
	am 2001 No 91 s 15; A2007-3 amdt 3.195
Assessment of risk of harm
s 91B	ins 1999 No 54 s 16
Order to assess whether land contaminated
s 91C	ins 1999 No 54 s 16
	am 2001 No 44 amdt 1.1523, amdt 1.1524
Order to remediate land
s 91D	ins 1999 No 54 s 16
	am 2001 No 44 amdt 1.1525, amdt 1.1526
Notification of certain people about orders for assessment or remediation
s 91E	ins 1999 No 54 s 16
Certain documents to be available free of charge 
s 91F	ins 1999 No 54 s 16
Extension of time
s 91G	ins 1999 No 54 s 16
Further information
s 91H	ins 1999 No 54 s 16
Choice of appropriate person
s 91I	ins 1999 No 54 s 16
Costs of assessment and remediation
pt 9 div 6 hdg	ins 1999 No 54 s 16
Meaning of assessment order and remediation order
s 91J	ins 1999 No 54 s 16
Recovery of costs associated with assessment or remediation
s 91K	ins 1999 No 54 s 16
	am 2001 No 44 amdt 1.1527, amdt 1.1528
Priority for costs if owner insolvent
s 91L	ins 1999 No 54 s 16
	am 2001 No 44 amdt 1.1529, amdt 1.1530
Recovery of costs—assessment and remediation
s 91M	ins 1999 No 54 s 16
Costs—person responsible for contamination
s 91N	ins 1999 No 54 s 16
Liability for losses
s 91O	ins 1999 No 54 s 16
Director of body corporate that is wound-up
s 91P	ins 1999 No 54 s 16
Director of body corporate that disposed of land
s 91Q	ins 1999 No 54 s 16
Holding company of body corporate that is wound-up
s 91R	ins 1999 No 54 s 16
Fuel sales information
pt 9A hdg	ins A2007-17 s 4
Fuel sales—provision of information
s 92	am 2001 No 44 amdts 1.1531-1.1533
	om 2001 No 91 s 16
	ins A2007-17 s 4
Confidential commercial information must not be disclosed
s 92A	ins A2007-17 s 4
Directions of Minister
s 93	am 2001 No 44 amdt 1.1534
Powers of authorised officers
pt 11 hdg	sub A2007-3 amdt 3.196
Definitions—pt 11
s 95	sub A2007-16 amdt 3.51
	def connected sub A2007-16 amdt 3.51
	def enter sub A2007-16 amdt 3.51
	def offence sub A2007-16 amdt 3.51
	def premises sub A2007-16 amdt 3.51
	def residential premises sub A2007-16 amdt 3.51
Inspection of premises—routine inspections
s 99	am 2001 No 91 s 17
Routine inspections—serious and urgent circumstances
s 101	sub 2001 No 91 s 18
Powers of analysts
pt 12 hdg	sub A2007-3 amdt 3.197
On-the-spot fines
div 13.1 hdg	om A2005-20 amdt 3.148
Definitions for div 13.1
s 114	om A2005-20 amdt 3.148
	def administrative charge om A2005-20 amdt 3.148
	def minor environmental offence om A2005-20 amdt 3.148
	def on-the-spot fine om A2005-20 amdt 3.148
Infringement notices
s 115	am 1999 No 54 s 17; pars renum R12 LA
	om A2005-20 amdt 3.148
First notice
s 116	om A2005-20 amdt 3.148
Final notice
s 117	om A2005-20 amdt 3.148
Discharge of liability
s 118	om A2005-20 amdt 3.148
Application for withdrawal of infringement notices
s 119	om A2005-20 amdt 3.148
Withdrawal of infringement notices
s 120	om A2005-20 amdt 3.148
Prosecution of minor environmental offences
s 121	om A2005-20 amdt 3.148
Non-antecedent value of infringement notice offences
s 122	om A2005-20 amdt 3.148
Service of notices
s 123	om A2005-20 amdt 3.148
Evidence
s 124	om A2005-20 amdt 3.148
Environment protection orders
s 125	am 1999 No 54 s 18; ss, pars renum R6 LA
Review of decisions
s 135	am 1999 No 54 s 19; pars renum R6 LA
Review of Minister’s decisions
s 136	om 2001 No 91 s 19
Extensions of liability for offences
div 15.2 hdg	sub A2004-15 amdt 1.14
Acts and omissions of representatives
s 146	sub A2004-15 amdt 1.15
Notice to authority of alteration to equipment and works
s 149	am 1998 No 52 sch; A2003-41 amdt 3.216; A2004-13 amdt 2.44
Selfincrimination
s 150	am A2004-15 amdt 2.68
Failing to comply with requirement of inspector
s 151 hdg	sub A2004-15 amdt 2.69
s 151	am A2004-15 amdt 2.70, amdt 2.71
False or misleading statements
s 152	om A2004-15 amdt 2.72
Due diligence
s 153	am A2005-20 amdt 3.149
Defence of emergency
s 154	am A2005-20 amdt 3.149
Strict liability offences
s 155	am 1999 No 54 s 20; A2005-20 amdt 3.149
Annual reports to deal with environmental matters
s 158A	ins 2000 No 12 s 3
	am A2004-9 amdt 1.17, amdt 1.18; A2004-23 s 15; A2007-3 amdt 3.198
National pollutant inventory—provision of information
s 159A	ins 1999 No 54 s 21
	am 2001 No 44 amdt 1.1535, amdt 1.1536
Recovery of clean-up costs
s 160	am 1999 No 54 s 22; 2001 No 44 amdt 1.1537, amdt 1.1538
Evidentiary matters
s 164	am A2002-56 amdt 3.31; A2004-57 amdt 1.7; A2007-3 amdt 3.199
Determination of fees etc
s 165	am 1999 No 54 s 23
	sub 2001 No 44 amdt 1.1539
	am A2005-20 amdt 3.150
Approved forms
s 165A	ins 2001 No 44 amdt 1.1539
Regulation-making power
s 166	am 2001 No 44 amdt 1.1540; ss renum R2 LA (see 2001 No 44 amdt 1.1541)
Review of Act
s 167	sub 2001 No 91 s 20
Activities requiring environmental authorisation
sch 1	ss renum R12 LA
Definitions for sch 1
s 1.1	def clinical waste ins 2001 No 91 s 21
	sub A2007-3 amdt 3.200
	def environmental standards ins SL 2000 No 36 reg 3
	def firewood ins 2000 No 55 s 4
	om SL 2001 No 9 reg 3
	def live animal weight ins SL 2000 No 31 amdt 1.1
	def logging ins SL 2000 No 31 amdt 1.1
	def mobile plant ins SL 2000 No 31 amdt 1.1
	def motor racing event am 1999 No 79 sch 3
	def National Electricity (ACT) Law ins A2005-62 amdt 3.117
	def regulated waste ins SL 2000 No 36 reg 3
	def road transport legislation ins 1999 No 79 sch 3
	def stock sub A2005-19 amdt 1.2
	def year ins SL 2000 No 31 amdt 1.1
Meaning of regulated waste
s 1.1A	ins SL 2000 No 36 reg 3
Class A activities
s 1.2	am 1999 No 54 s 24; SL 2000 No 31 amdts 1.2-1.7; SL 2000 No 36 reg 3; 2000 No 55 s 4; SL 2001 No 9 reg 4, reg 5; 2001 No 91 s 22, s 23; items renum R3 LA (see 2001 No 91 s 24); table renum R14 LA; am A2005-62 amdt 3.118
Class B activities
s 1.3	am SL 2000 No 31 amdt 1.8; items renum R3 LA (see 2001 No 91 s 24); table renum R14 LA
Specific offences
sch 2	ss renum R12 LA
Preliminary
sch 2 pt 2.1 hdg	(prev pt 1 hdg) renum R2 LA
Definitions for sch 2
s 2.1	def maximum lead concentration am 1999 No 54 s 25
	def unleaded petrol am 2001 No 44 amdt 1.1542
Offences relating to articles that emit noise
sch 2 pt 2.2 hdg	(prev pt 2 hdg) renum R2 LA
Offences relating to fuel-burning equipment
sch 2 pt 2.3 hdg	(prev pt 3 hdg) renum R2 LA
Emission of pollutants in excess of prescribed concentrations
s 2.3	am 2001 No 44 amdt 1.1543
Sale of solid fuel-burning equipment
s 2.4	am 2001 No 44 amdt 1.1544, amdt 1.1545
Offences relating to petrol
sch 2 pt 2.4 hdg	(prev pt 4 hdg) renum R2 LA
Determination of higher ulphur content of unleaded petrol
s 2.6	sub 2001 No 44 amdt 1.1546
Prohibition of sale of leaded petrol unless low lead
s 2.8	am 1999 No 54 s 25; 2001 No 44 amdt 1.1547; ss renum R2 LA (see 2001 No 44 amdt 1.1548)
Declaration about application of certain provisions
s 2.8A	ins 2001 No 44 amdt 1.1549
Exemption
s 2.9	am 2001 No 44 amdt 1.1550, amdt 1.1551
Type of petrol to be used
s 2.12	am 1999 No 79 sch 3; 2001 No 44 amdt 1.1552
Summary proceedings for indictable offences
sch 2 pt 2.5 hdg	(prev pt 5 hdg) renum R2 LA
Dictionary
dict	ins A2007-3 amdt 3.201
	def activity reloc from s 4 A2007-3 amdt 3.189
	def analyst reloc from s 4 A2007-3 amdt 3.189
	def an offence ins A2007-3 amdt 3.201
	om A2007-16 amdt 3.52
	def appropriate person ins 1999 No 54 s 5 (a)
	sub A2007-3 amdt 3.185
	reloc from s 4 A2007-3 amdt 3.189
	def approved use ins A2007-3 amdt 3.201
	def area of high conservation value am A2004-57 amdt 1.5
	reloc from s 4 A2007-3 amdt 3.189
	def AS 4013 ins A2007-3 amdt 3.201
	def assessment reloc from s 4 A2007-3 amdt 3.189
	def assessment order ins A2007-3 amdt 3.201
	def auditor ins A2007-3 amdt 3.201
	def authorisation fee sub 2001 No 44 amdt 1.1474
	reloc from s 4 A2007-3 amdt 3.189
	def authorised activity reloc from s 4 A2007-3 amdt 3.189
	def authorised officer reloc from s 4 A2007-3 amdt 3.189
	def authority am 2001 No 91 s 5
	reloc from s 4 A2007-3 amdt 3.189
	def conduct reloc from s 4 A2007-3 amdt 3.189
	def connected ins A2007-3 amdt 3.201
	def consultation period ins A2007-3 amdt 3.201
	def contaminated ins A2007-3 amdt 3.186
	reloc from s 4 A2007-3 amdt 3.189
	def development sub A2003-41 amdt 3.214
	reloc from s 4 A2007-3 amdt 3.189
	def draft environment protection policy ins A2007-3 amdt 3.201
	def emergency plan reloc from s 4 A2007-3 amdt 3.189
	def enter ins A2007-3 amdt 3.201
	def environment reloc from s 4 A2007-3 amdt 3.189
	def environmental audit ins A2007-3 amdt 3.201
	def environmental authorisation ins A2007-3 amdt 3.201
	def environmental emergency ins A2007-3 amdt 3.201
	def environmental harm reloc from s 4 A2007-3 amdt 3.189
	def environmental nuisance reloc from s 4 A2007-3 amdt 3.189
	def environmental protection agreement reloc from s 4 A2007-3 amdt 3.189
	def environmental record reloc from s 4 A2007-3 amdt 3.189
	def environment improvement initiative reloc from s 4 A2007-3 amdt 3.189
	def environment protection order reloc from s 4 A2007-3 amdt 3.189
	def environment protection policy sub 2001 No 44 amdt 1.1476
	reloc from s 4 A2007-3 amdt 3.189
	def environment protection policy ins A2007-3 amdt 3.201
	sub A2007-16 amdt 3.53
	def financial assurance reloc from s 4 A2007-3 amdt 3.189
	def financial controller ins 1999 No 54 s 5 (a)
	reloc from s 4 A2007-3 amdt 3.189
	def fuel-burning equipment ins A2007-3 amdt 3.201
	def general environmental duty reloc from s 4 A2007-3 amdt 3.189
	def high-octane unleaded petrol ins A2007-3 amdt 3.201
	def information discovery order reloc from s 4 A2007-3 amdt 3.189
	def inquiry reloc from s 4 A2007-3 amdt 3.189
	def land ins 1999 No 54 s 5 (a)
	reloc from s 4 A2007-3 amdt 3.189
	def Land Act reloc from s 4 A2007-3 amdt 3.189
	def leaded petrol ins A2007-3 amdt 3.201
	def low-octane unleaded petrol ins A2007-3 amdt 3.201
	def material environmental harm reloc from s 4 A2007-3 amdt 3.189
	def maximum lead concentration ins A2007-3 amdt 3.201
	def motor vehicle sub 1999 No 79 sch 3
	reloc from s 4 A2007-3 amdt 3.189
	def national capital plan ins 1999 No 54 s 5 (a)
	reloc from s 4 A2007-3 amdt 3.189
	def national environment protection measure ins A2007-3 amdt 3.201
	def national scheme laws reloc from s 4 A2007-3 amdt 3.189
	def newspaper reloc from s 4 A2007-3 amdt 3.189
	def notional lessee ins 1999 No 54 s 5 (a)
	reloc from s 4 A2007-3 amdt 3.189
	def offence ins A2007-16 amdt 3.54
	def pollutant reloc from s 4 A2007-3 amdt 3.189
	def pollute reloc from s 4 A2007-3 amdt 3.189
	def premises ins A2007-3 amdt 3.201
	def preparation requirments ins A2007-3 amdt 3.201
	def prescribed activity reloc from s 4 A2007-3 amdt 3.189
	def register ins 1999 No 54 s 5 (a)
	reloc from s 4 A2007-3 amdt 3.189
	def remediation ins 1999 No 54 s 5 (a)
	reloc from s 4 A2007-3 amdt 3.189
	def remediation order ins A2007-3 amdt 3.201
	def residential premises ins A2007-3 amdt 3.201
	def sell ins A2007-3 amdt 3.201
	def serious environmental harm reloc from s 4 A2007-3 amdt 3.189
	def site audit statement ins 1999 No 54 s 5 (a)
	reloc from s 4 A2007-3 amdt 3.189
	def solid fuel-burning equipment ins A2007-3 amdt 3.201
	def substance ins A2007-3 amdt 3.201
	def unleaded petrol ins A2007-3 amdt 3.201
	def working day reloc from s 4 A2007-3 amdt 3.189
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	Act 2000 No 12	31 May 2000	
2	Act 2001 No 44	12 September 2001	
3	Act 2001 No 91	24 September 2001	
4	A2002-11	30 May 2002	
5	A2002-56	1 July 2003	
6*	A2003-41	9 October 2003	
7	A2004-15	9 April 2004	
8	A2004-15	13 April 2004	
9	A2004-28	1 July 2004	
10	A2004-28	19 July 2004	
11	A2004-28	1 September 2004	
12	A2004-57	9 March 2005	
13	A2005-20	26 August 2005	
14	A2005-20	12 November 2005	
15*	A2005-62	11 January 2006	
16	A2007-3	12 April 2007	
6	Uncommenced amendments
The following amendments have not been included in this republication because they were uncommenced at the republication date:
	Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.12
Part 3.12	Environment Protection Act 1997
[3.47]	Section 12
substitute
12	Authority’s functions
	(1)	The authority’s functions are—
	(a)	to administer this Act; and
	(b)	any other function given to the authority by this Act or another territory law.
	(2)	In the exercise of the authority’s functions, the authority must have regard to the objects stated in section 2.
Note	A provision of a law that gives an entity (including a person) a function also gives the entity the powers necessary and convenient to exercise the function (see Legislation Act, s 196 (1) and dict, pt 1, defs of entity and function).
Explanatory note
This amendment brings the section into line with current drafting practice.  In particular, existing subsection (3), which gives the authority the powers that are necessary and convenient for the exercise of its functions, is omitted because the Legislation Act, section 196 provides that a provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function.  A note to that effect is included in the substituted section.  Also, the section reference in subsection (2) is updated because of the renumbering of section 3 as section 2 by another amendment.
[3.48]	Section 13
substitute
13	Delegation by authority 
The authority may delegate the authority’s functions under this Act to a public employee.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
Explanatory note
This amendment updates the delegation provision and adds a standard note about delegations.  The Legislation Act, section 232 requires a delegation to be made by signed writing.  The Legislation Act, section 234 allows the delegation of any part of functions that may be delegated.
[3.49]	Section 17 (2) to (6)
substitute
	(2)	Unless the chief executive decides that the authority should make a decision in relation to the matter, the chief executive must appoint another public servant (the acting authority) to act as the authority for making a decision in relation to the matter.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. 
Note 2	In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 217).
	(3)	The instrument of appointment must state the period for which the acting authority is appointed. 
	(4)	For making a decision in relation to the matter, the acting authority may exercise all the functions of the authority.
	(5)	For this Act, a decision made by the acting authority is taken to have been made by the authority.
	(6)	This section does not prevent the authority from continuing to exercise the functions of the authority in relation to any other matter during the period for which the acting authority is appointed.
Explanatory note
This amendment brings the provisions more closely into line with current drafting practice.
Existing subsection (2) is amended by—
·	omitting a reference to ‘in writing’ because the Legislation Act, section 216 provides that an acting appointment must be made, or evidenced, by writing signed by the appointer;
·	adding the tag-term definition of acting authority for the acting appointee;
·	adding standard appointment notes.
Existing subsection (3) is brought into line with current drafting practice.
The remaining provisions are consequentially amended to refer to ‘acting authority’.
[3.50]	Section 18 (1)
substitute
	(1)	No civil or criminal proceedings lie against a person who is, or has been the authority, an authorised officer or an analyst for an act or omission done honestly in the exercise or purported exercise of a function given to the person in that capacity for this Act.
Explanatory note
This amendment brings the language and structure of the subsection more closely into line with current drafting practice.  In particular, it omits a reference to ‘good faith’ and substitutes ‘honestly’, which is the current drafting term.
[3.51]	Section 95
substitute
95	Definitions—pt 11
In this part:
connected—a thing is connected with a particular offence if—
	(a)	the offence has been committed in relation to it; or
	(b)	it will afford evidence of the commission of the offence; or
	(c)	it was used, is being used, or is intended to be used, for the purpose of committing the offence.
enter includes board.
offence includes an offence that there are reasonable grounds for believing has been, is being, or will be committed.
premises includes vacant land, vehicles, vessels and aircraft.
residential premises means premises used exclusively or primarily for residential purposes, and includes a private room in, but not any other part of, a motel, hotel, hostel or guesthouse.
Explanatory note
This amendment remakes existing subsection (2) (definition of connected) and subsection (3) (definition of an offence) to bring the section into line with current drafting practice.
[3.52]	Dictionary, definition of an offence
omit
Explanatory note
This amendment is consequential on the amendment of section 95 by another amendment which changes the definition of an offence to offence in accordance with current drafting practice.
[3.53]	Dictionary, definition of environment protection policy
substitute
environment protection policy—
	(a)	for this Act generally—means an environment protection policy under part 4 (Environment protection policies); and
	(b)	for part 4—see section 23B.
Note	A reference to an instrument (including a policy) includes a reference to the instrument as originally made and as amended (see Legislation Act, s 102).
Explanatory note
This amendment omits a redundant definition of the term and brings the remaining definition into line with current drafting practice.
[3.54]	Dictionary, new definition of offence
insert
offence, for part 11 (Powers of authorised officers)—see section 95.
Explanatory note
This amendment is consequential on the amendment of section 95 by another amendment which changes the definition of an offence to offence in accordance with current drafting practice.

©  Australian Capital Territory 2007