ENVIRONMENT PROTECTION ACT 1997

ENVIRONMENT PROTECTION DECLARATION OF NON-APPLICATION OF SECTION 48 2002(No. 1)

EXPLANATORY STATEMENT

DI 2002 - 156

The Environment Protection Act 1997 (the Act) establishes a scheme for application for and grant of environmental authorisations for activities that may harm the environment.  Part of that scheme includes a requirement in section 48 that the Environment Protection Authority (the EPA) advertise applications for authorisations and accept submissions from the public about them.

Subsection 48(6) empowers the Minister to declare that section 48 (and its requirement for advertisement of authorisations) does not apply to a given activity.

This instrument exempts the EPA from advertising applications from ACT Workcover in relation to burning fireworks seized under the Dangerous Goods Act 1975.  If the proposed activity is advertised, there are substantial safety and security issues, so it is far preferable that it take place without public knowledge.