ENVIRONMENT PROTECTION ACT 1997

ENVIRONMENT PROTECTION DECLARATION OF NON APPLICATION OF SECTION 48 2003(No. 1)

EXPLANATORY STATEMENT

DI 2003 - 14

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 publicly notifying an application for an authorisation for the operation of a commercial landfill.  It is expected that ACT NOWaste will make an application for an environmental authorisation in relation to the disposal of materials from sites that were destroyed by bushfires in January 2003.  Advertising the application of the environmental authorisation will take time and it is preferable to prepare the disposal site and commence operation as soon as possible.

This exemption is intended for that authorisation only, and will be revoked once the application from ACT NOWaste has been processed.