ENVIRONMENT PROTECTION ACT 1997

ENVIRONMENT PROTECTION DECLARATION OF NON-APPLICATION OF SECTION 50 2002 (No. 1)

EXPLANATORY STATEMENT

DI2002-162

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 subsections 50(3) to (6) that the Environment Protection Authority (the EPA) notify the grant of an environmental authorisation publicly. Subsection 50(7) empowers the Minister to declare that section 50(3) to (6) does not apply to a given activity.

This instrument exempts the EPA from publicly notifying the grant of an environmental authorisation to ACT Workcover in relation to burning fireworks seized under the Dangerous Goods Act 1975.  If the grant of the environmental authorisation is notified there are substantial safety and security issues, so it is far preferable that it take place without public knowledge.