ENVIRONMENT PROTECTION ACT 1997

ENVIRONMENT PROTECTION DECLARATION THAT CONSULTATION UNDER SECTION 48 ON APPLICATION FOR AN ENVIRONMENTAL AUTHORISATION IS NOT TO APPLY TO THIS PRESRIBED ACTIVITY 2003 (NO. 2)

EXPLANATORY STATEMENT

DI 2003 - 31

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 to undertake outdoor concert activities, using amplifying equipment where the venue has the capacity to hold more than 2 000 persons and is not an authorised concert venue.  It is expected that Ministry of Sound Pty Ltd will make an application for an environmental authorisation in relation to a Bush Fire Benefit concert to be held on 16 March 2003 at Stage 88 in Commonwealth Park.  Advertising the application for the environmental authorisation will take time and cannot be completed before the planned concert.

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