{"id":"a-1997-92","name":"Environment Protection Act 1997","slug":"environment-protection-act-1997","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"92 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23494,"registerId":"act-a-1997-92-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"5 Summary proceedings for indictable offences 169","content":"Part 2.5 Summary proceedings for indictable offences 169\n2.14 Certain offences may be dealt with summarily 169\n\nPage\ncontents 10 Environment Protection Act 1997\nSchedule 3 Reviewable decisions 170\nDictionary 175\n1 About the endnotes 186\n2 Abbreviation key 186\n3 Legislation history 187\n4 Amendment history 198\n5 Earlier republications 218\n\nAn Act to provide for the protection of the environment, and for related purposes\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Environment Protection Act 1997.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘land sublease—see the Planning\nAct 2023, dictionary.’ means that the term ‘land sublease’ is defined in\nthat dictionary and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":2},{"sectionNumber":"3A","sectionType":"section","heading":"Notes","content":"3A Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\n","sortOrder":3},{"sectionNumber":"3B","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"3B Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to the following offences against this\nAct (see Code, pt 2.1):\n• s 92 (Fuel sales––provision of information)\n• s 92A (Confidential commercial information must not be disclosed)\n• s 136K (Contravention of enforceable undertakings)\n• sch 2, s 2.4 (Sale or installation of solid fuel-burning equipment\nwithout certification or plate).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nCertain provisions of the Criminal Code, ch 2 (the applied provisions)\napply to all offences against this Act. The applied provisions include\ngeographical application provisions (see Code, s 10).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n","sortOrder":4},{"sectionNumber":"3C","sectionType":"section","heading":"Objects of Act","content":"3C Objects of Act\n(1) The objects of this Act are to—\n(a) protect and enhance the quality of the environment; and\n(b) prevent environmental degradation and risk of harm to human\nhealth by promoting the following:\n(i) pollution prevention;\n(ii) clean production technology;\n(iii) reuse and recycling of materials;\n(iv) waste minimisation programs; and\n\n(c) require people engaging in polluting activities to make\nprogressive environmental improvements; and\n(d) achieve effective integration of environmental, economic, social\nand cultural considerations in decision-making processes; and\n(e) facilitate the implementation of national environment protection\nmeasures under national scheme laws; and\n(f) provide for the monitoring and reporting of environmental\nquality on a regular basis; and\n(g) ensure that contaminated land is managed having regard to\nhuman health and the environment; and\n(h) coordinate activities needed to protect, restore or improve the\nACT environment; and\n(i) establish a process for investigating and, where appropriate,\nremediating land areas where contamination is causing or is\nlikely to cause a significant risk—\n(i) of harm to human health; or\n(ii) of material environmental harm or serious environmental\nnational scheme law means—\n(a) the National Environment Protection Council Act 1994 (Cwlth);\nand\n(b) the National Environment Protection Council Act 1994.\n\n","sortOrder":5},{"sectionNumber":"3D","sectionType":"section","heading":"Principles applying to Act","content":"3D Principles applying to Act\n(1) A person administering this Act must have regard to the following\nprinciples where relevant:\n(a) the principle of a shared responsibility for the environment,\nincluding through—\n(i) acknowledging environmental needs in economic and\nsocial decision-making; and\n(ii) public education about and public involvement in\ndecisions about protection, restoration and enhancement of\nthe environment;\n(b) the precautionary principle;\n(c) the inter-generational equity principle;\n(d) the waste minimisation principle;\n(e) the polluter pays principle;\n(f) the principle of ecologically sustainable development.\necologically sustainable development means the effective integration\nof economic and environmental considerations in decision-making\nprocesses, achievable through implementation of the following:\n(a) the precautionary principle;\n(b) the inter-generational equity principle;\n(c) conservation of biological diversity and ecological integrity;\n(d) improved valuation and pricing of environmental resources.\ninter-generational equity principle means that the present generation\nshould ensure that the health, diversity and productivity of the\nenvironment is maintained or enhanced for the benefit of future\ngenerations.\n\npolluter pays principle means that polluters should bear the\nappropriate share of the costs that arise from their activities.\nprecautionary principle means that, if there is a threat of serious or\nirreversible environmental damage, a lack of full scientific certainty\nshould not be used as a reason for postponing measures to prevent\nenvironmental degradation.\nwaste minimisation principle means controlling the generation,\nstorage, collection, transportation, treatment and disposal of waste to\nreduce, minimise and, where practical, eliminate harm to the\nenvironment.\n","sortOrder":6},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of contaminated land","content":"4 Meaning of contaminated land\n(1) In this Act:\ncontaminated, in relation to land, means the presence in, on or under\nthe land, or a building or structure on the land, of a substance at a\nconcentration above the concentration at which the substance is\nnormally present in, on or under land, or a building or structure on\nland, in the same locality, if the presence causes, or is likely to cause\neither or both of the following:\n(a) a risk of harm to human health;\n(b) a risk of environmental harm.\n(2) For subsection (1), land may be contaminated even if it became\ncontaminated partly or entirely by the migration of contaminants into,\nonto or under the land from other land.\n(3) However, land is not contaminated only because in any surface water\nstanding or running on the land a substance is present in a\nconcentration above the concentration at which the substance is\nnormally present in, on or under land, or a building or structure on\nland, in the same locality.\n\n","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Things taken to have impact causing environmental harm","content":"5 Things taken to have impact causing environmental harm\nFor this Act, a thing mentioned in the dictionary, definition of\npollutant, paragraphs (a) to (e) is taken to cause environmental harm\nif—\n(a) the measure of the pollutant entering the environment exceeds\nthe prescribed measure; or\n(b) the pollutant entering the environment is a prescribed pollutant.\n","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Application of Act to Emergencies Act 2004","content":"6 Application of Act to Emergencies Act 2004\n(1) This Act does not apply to the exercise or purported exercise by a\nrelevant person of a function under the Emergencies Act 2004 for the\npurpose of—\n(a) protecting life or property; or\n(b) controlling, extinguishing or preventing the spread of a fire.\nemergency controller—see the Emergencies Act 2004, dictionary.\nrelevant person means—\n(a) an emergency controller; or\n(b) a member of the ambulance service; or\n(c) a member of the fire and rescue service; or\n(d) a member of the rural fire service; or\n(e) a member of the SES; or\n(f) any other person under the control of—\n(i) an emergency controller; or\n(ii) the chief officer (ambulance service); or\n(iii) the chief officer (fire and rescue service); or\n\n(iv) the chief officer (rural fire service); or\n(v) the chief officer (SES); or\n(g) a police officer.\n","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Construction consistent with certain other laws","content":"7 Construction consistent with certain other laws\n(1) This Act must be construed and administered in a way that is\nconsistent with an environment law or a health law unless the contrary\nintention appears from this Act or that law.\n(2) This Act must be taken to be consistent with an environment law or a\nhealth law to the extent that it is capable of operating concurrently\nwith that law.\nenvironment law means a territory law that has as 1 of its objects or\npurposes the protection of the environment.\nhealth law means a territory law that has as 1 of its objects or\npurposes the protection of public health.\n","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Limitation of application in relation to certain people and","content":"8 Limitation of application in relation to certain people and\nthings\n(1) This Act does not apply in relation to noise made by or a pollutant\nemitted into the air by—\n(a) a light rail vehicle or other train; or\n(b) a Commonwealth jurisdiction aircraft within the meaning of the\nAir Services Act 1995 (Cwlth); or\n(c) a person using only the person’s body; or\n(d) an animal; or\n\n(e) a motor vehicle being driven on a road, unless the motor\nvehicle—\n(i) is being driven on the road for the purpose of conducting\nreliability trials or speed tests; and\n(ii) has been exempted under the road transport legislation\nfrom the provisions of that legislation about attaching\nsilencers to the exhaust pipes of motor vehicles, rules of\nthe road and speed limits during the trials or tests.\n(2) This Act does not apply to environmental harm that results, or is\nalleged to result solely from the appearance or siting, or both, of a\nstructure (other than a structure naturally occurring).\nlight rail vehicle—see the Road Transport (General) Act 1999,\ndictionary.\nroad—see the Road Transport (General) Act 1999, dictionary.\nroad transport legislation—see the Road Transport (General)\n","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Civil remedies and common law not affected","content":"9 Civil remedies and common law not affected\n(1) Except as expressly provided by this Act, nothing in this Act must be\ntaken to affect any civil right or remedy available to a person in\nrelation to conduct to which this Act applies.\n(2) Compliance with this Act is not, of itself, evidence that a common\nlaw duty of care has been satisfied.\n\n","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Criminal liability of the Territory","content":"10 Criminal liability of the Territory\nThe Territory is liable for an offence against this Act.\nNote This Act binds all governments, including the Commonwealth\n(see Legislation Act, s 121 (1) and the Australian Capital Territory\n(Self-Government) Regulations 2021 (Cwlth)). However, this Act does\nnot make a government (other than the Territory) liable to be prosecuted\nfor an offence (see Legislation Act, s 121 (3)).\n\nEnvironment Protection Authority Division 2.1\n","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Environment Protection Authority","content":"11 Environment Protection Authority\nThe director-general must appoint a public servant as the\nEnvironment Protection Authority.\n","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Authority’s functions","content":"12 Authority’s functions\n(1) The authority’s functions are—\n(a) to administer this Act; and\n(b) any other function given to the authority by this Act or another\nterritory law.\n(2) In the exercise of the authority’s functions, the authority must have\nregard to the objects stated in section 3C.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity the powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 (1) and dict, pt 1, defs of entity and\nfunction).\n","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Delegation by authority","content":"13 Delegation by authority\nThe authority may delegate the authority’s functions under this Act\nor another territory law to—\n(a) a public servant; or\n\n(b) an officer or employee of a State or Commonwealth agency, if\nthe functions of the State or Commonwealth agency relate,\ndirectly or indirectly, to the protection of the environment in the\nState or Commonwealth.\nNote 1 State includes the Northern Territory (see Legislation Act, dict, pt 1).\nNote 2 For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\nNote 3 In exercising the delegation, the delegate is subject to any conditions,\nlimitations or directions in the instrument making or evidencing the\ndelegation (see Legislation Act, s 239).\n","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Authorised officers","content":"14 Authorised officers\n(1) The director-general may appoint a public servant as an authorised\nofficer.\n(2) The authority is also an authorised officer.\n(3) In addition to the powers given to an authorised officer under this Act,\nan authorised officer also has powers given to the officer under any\nother territory law.\n","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Analysts","content":"15 Analysts\n(1) The authority may appoint a person as an analyst for this Act.\n\nEnvironment Protection Authority Division 2.1\n(2) An analyst under the Public Health Act 1997, section 15 is also an\nanalyst for this Act.\nNote Analyst includes the government analyst (see Public Health Act 1997,\ndict).\n","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Identity cards","content":"16 Identity cards\n(1) The director-general must issue to the authority an identity card that\nspecifies the authority’s name and office, and on which appears a\nrecent photograph of the authority.\n(2) The authority must issue to an authorised officer an identity card that\nspecifies the authorised officer’s name and office, and on which\nappears a recent photograph of the authorised officer.\n(3) The authority must issue to an analyst an identity card that specifies\nthe analyst’s name and office, and on which appears a recent\nphotograph of the analyst.\n(4) On ceasing to occupy, or to act in—\n(a) the office of the authority; or\n(b) to occupy, or to act in, an office of authorised officer or analyst;\na person must not, without reasonable excuse, fail to return the\nperson’s identity card to the director-general or the authority, as the\ncase may be.\nMaximum penalty (subsection (4)): 1 penalty unit.\n","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Disclosure of interests","content":"17 Disclosure of interests\n(1) If the authority discloses a conflict of interest in accordance with the\nPublic Sector Management Act 1994, section 9 (1) (b), the authority\nmust not, unless the director-general otherwise decides, make a\ndecision in relation to the matter.\n\n(2) Unless the director-general decides that the authority should make a\ndecision in relation to the matter, the director-general must appoint\nanother public servant (the acting authority) to act as the authority\nfor making a decision in relation to the matter.\nnominating the occupant of a position (see Legislation Act, s 217).\n(3) The instrument of appointment must state the period for which the\nacting authority is appointed.\n(4) For making a decision in relation to the matter, the acting authority\nmay exercise all the functions of the authority.\n(5) For this Act, a decision made by the acting authority is taken to have\nbeen made by the authority.\n(6) This section does not prevent the authority from continuing to\nexercise the functions of the authority in relation to any other matter\nduring the period for which the acting authority is appointed.\n","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Legal immunity","content":"18 Legal immunity\n(1) No civil or criminal proceedings lie against a person who is, or has\nbeen the authority, an authorised officer or an analyst for an act or\nomission done honestly in the exercise or purported exercise of a\nfunction given to the person in that capacity for this Act.\n(2) Subsection (1) does not affect any liability that the Territory would,\napart from that subsection, have in relation to an act or omission\nmentioned in that subsection.\n(3) The Territory is vicariously liable in relation to a tort committed by a\nperson in the exercise or purported exercise of a function given to the\nperson for this Act, if the exercise or purported exercise is in the\ncourse of the person’s capacity as a public employee.\n\nPublic access to documents Division 2.2\n","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Public access to documents","content":"19 Public access to documents\n(1) The authority must make the following documents available to the\npublic:\n(a) any environmental authorisation granted by the authority\nincluding details of the conditions to which the authorisation is\nsubject, the person holding that authorisation and whether the\nauthorisation is in effect;\n(b) any environmental improvement plan submitted in compliance\nwith a requirement by the authority;\n(c) any emergency plan approved by the authority;\n(d) an environment protection policy made under part 4;\n(e) codes of practice accredited under part 5;\n(f) any environmental protection agreement entered into by the\nauthority;\n(g) any environment protection order;\n(h) any document setting out the results of a review of an\nenvironmental authorisation;\n(i) results given to the authority of monitoring or testing required\nby the authority to be conducted under an environmental\nauthorisation, environmental protection agreement or\nenvironment protection order;\n(j) the list of auditors approved under section 75;\n(k) environmental audit reports under division 9.2;\n(l) the list of authorised officers;\n(m) an order under section 91C (1) (Order to assess whether land\ncontaminated);\n\n(n) an assessment under section 91C (4) (a);\n(o) an environmental audit under section 91C (4) (b);\n(p) an order under section 91D (1) (Order to remediate land);\n(q) an environmental audit under section 91D (4) (b);\n(r) the register of contaminated sites kept under section 21A;\n(s) any document prescribed by regulation.\n(2) The authority must make a document mentioned in subsection (1)\navailable by—\n(a) making the document available for inspection without charge\nduring ordinary business hours at an ACT government office; or\n(b) making the document accessible without charge on an ACT\ngovernment website, or by a link on an ACT government\nwebsite; or\n(c) if a person requests a copy of the document—giving the person\na copy of the document on payment of any reasonable copying\ncosts.\n(3) This section is subject to section 21 (Exclusion of material from\npublic access).\n","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Exclusion of material from public access","content":"21 Exclusion of material from public access\n(1) This section applies if a person provides a document to the authority\nin relation to—\n(a) the grant, variation or review of an environmental authorisation;\nor\n(b) the submission of an environmental improvement plan; or\n(c) the approval of an emergency plan; or\n(d) the entry into an environment protection agreement; or\n\nPublic access to documents Division 2.2\n(e) the making of an order under—\n(i) section 91C (1) (Order to assess whether land\ncontaminated); or\n(ii) section 91D (1) (Order to remediate land); or\n(f) the making of an environment protection order; or\n(g) setting out the results of monitoring or testing required by the\nauthority to be conducted; or\n(h) the submission of an environmental audit report; or\n(i) the conduct of an activity to which section 159A (National\npollutant inventory—provision of information) applies.\n(2) The person, or another person whose interests are affected by the\nprovision of the document, may apply to the authority to exclude the\ndocument, or a stated part of the document, from public access under\nsection 19 because—\n(a) public access to the document or part of the document—\n(i) would reveal a trade secret; or\n(ii) would, or would reasonably be expected to, adversely\naffect the applicant in relation to the lawful business affairs\nof the applicant; and\n(b) it would not be in the public interest for the document or part of\nthe document to be published.\n(3) The application must—\n(b) be made at the same time as the document is provided to the\nauthority.\n\n(4) If the authority is satisfied of the matters mentioned in\nsubsection (2) (a) and (b), it must—\n(a) for a document—not make the document available to the public\nunder section 19; or\n(b) for part of a document—\n(i) exclude that part from any copy of the document made\navailable to the public under section 19; and\n(ii) include a statement in the copy made available to the public\nthat an unspecified part of the document has been excluded\nto protect the confidentiality of information in the excluded\npart.\n(5) The authority must not make a document, or part of a document, that\nis the subject of an application available to the public under section 19\nuntil the later of—\n(a) 28 days after the authority makes a decision on the application;\nand\n(b) if an entity applies to the ACAT for review of the decision—\nthe application (including any appeal) has been decided.\n","sortOrder":23},{"sectionNumber":"21A","sectionType":"section","heading":"Register of contaminated sites","content":"21A Register of contaminated sites\n(1) The authority must keep a register of contaminated sites.\n(2) The register—\n(a) may be in electronic form; and\n\nRegister of contaminated sites Division 2.3\n(b) must contain particulars of land in relation to—\n(i) an order under section 91C (1) (Order to assess whether\nland contaminated), section 91D (1) (Order to remediate\nland) or section 125 (2) or (3) (Environment protection\norders); and\n(ii) a requirement to commission an environmental audit under\nsection 76 (2) (Authority may require environmental\naudit); and\n(iii) a notice under section 76A (1) (Requests for auditor’s\nstatements) not relating to an order or requirement\nmentioned in subparagraph (i) or (ii).\n(3) The authority must make an entry in the register—\n(a) for an order under section 91D (1)—if satisfied that the\nremediation of the land has been conducted as mentioned in\nsection 91D (4) (a); and\n(b) for an order under section 125 (2) or (3)—if the authority is no\nlonger satisfied as mentioned in that section, or the order is\nrevoked, whichever happens first.\n(4) The authority must remove an entry from the register—\n(a) for an entry made under subsection (2) (b) (i) in relation to an\norder under section 91C (1)—within 60 days after receiving an\nenvironmental audit of assessment under section 91C in relation\nto the entry unless the authority has, within that period, made an\norder under section 91D (1) or section 125 (2) or (3); or\n(b) for an entry made under subsection (2) (b) (ii) or (iii)—within\n60 days after receiving the audit required under section 76 (2) or\nthe site audit statement mentioned in section 76A (2) in relation\nto the entry unless, within that period—\n(i) the authority has entered into an environmental protection\nagreement under section 38 (Entering agreements); or\n\n(ii) a condition or annotation has been included on the crown\nlease or title for the land in relation to the environmental\naudit; or\n(c) in any case—if the authority decides, based on advice from an\napproved auditor under section 75 (Certain auditors to be\napproved), that ongoing management of the land is no longer\nrequired.\n(5) As soon as practicable after entering particulars of land in the register\nor removing an entry from the register, the authority must give written\nnotice of the entry or removal to—\n(a) the territory planning authority; and\n(b) if the land is in a designated area—the national capital authority.\ndesignated area—see the Australian Capital Territory (Planning and\nLand Management) Act 1988 (Cwlth), section 4, definition of\nDesignated Area.\n","sortOrder":24},{"sectionNumber":"21B","sectionType":"section","heading":"Notification of making of certain entries in register","content":"21B Notification of making of certain entries in register\n(1) If the authority makes an entry in the register under\nsection 21A (2) (b) or (3) or removes an entry under section 21A (4),\nthe authority must prepare a notice stating that the entry has been\nmade or removed.\n(2) The notice must state where the following documents are available to\nthe public under section 19:\n(a) an order under section 91C (1) (Order to assess whether land\ncontaminated);\n(b) an assessment under section 91C (4) (a);\n(c) an environmental audit under section 91C (4) (b);\n(d) an order under section 91D (1) (Order to remediate land);\n\nRegister of contaminated sites Division 2.3\n(e) an environmental audit under section 91D (4) (b).\n(3) The notice is a notifiable instrument.\n(4) The authority must give additional public notice of the notice.\nrequirement in s (4) is in addition to the requirement for notification on\n\n","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"General environmental duty","content":"22 General environmental duty\n(1) A person must take the steps that are practicable and reasonable to\nprevent or minimise environmental harm or environmental nuisance\ncaused, or likely to be caused, by an activity conducted by that person.\n(2) In deciding whether a person has complied with the general\nenvironmental duty, regard must first be had, and greater weight must\nbe given, to the risk of the environmental harm or environmental\nnuisance involved in conducting the activity, and, in addition, regard\nmust then be had to—\n(a) the nature and sensitivity of the receiving environment; and\n(b) the current state of technical knowledge for the activity; and\n(c) the financial implications of taking the steps mentioned in\n(d) the likelihood and degree of success in preventing or minimising\nthe environmental harm or environmental nuisance of each of\nthe steps that might be taken; and\n(e) other circumstances relevant to the conduct of the activity.\n(3) Subject to section 125, section 143 and section 160, failure to comply\nwith the general environmental duty does not of itself—\n(a) give rise to a civil right or remedy; or\n(b) constitute an offence; or\n(c) constitute grounds for action under this Act.\n\nEnvironmental duties Part 3\n","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Duty to notify of actual or threatened environmental harm","content":"23 Duty to notify of actual or threatened environmental harm\n(1) Subject to subsection (2), this section applies to a person conducting\nan activity who becomes aware that the activity has caused, is causing\nor is likely to cause serious or material environmental harm from\npollution (an environmental situation).\n(2) This section does not apply if the environmental harm or potential\nenvironmental harm is authorised by or under this Act or another\nterritory law.\n(3) As soon as reasonably practicable after becoming aware of the\nenvironmental situation, the person must notify the authority of the\nenvironmental situation, its nature and the action taken to deal with\nthe situation and any environmental harm that has been caused.\n(4) Subject to subsection (5), a person must not, without reasonable\nexcuse, contravene subsection (3).\n(5) A person is not required to notify the authority of an environmental\nsituation if the person has reasonable grounds for believing that the\nenvironmental situation has already come to the notice of an\nauthorised officer.\n","sortOrder":27},{"sectionNumber":"23A","sectionType":"section","heading":"Duty to notify existence of contaminated land","content":"23A Duty to notify existence of contaminated land\n(1) A relevant person in relation to land must notify the authority, in\nwriting, as soon as practicable after becoming aware that the land is\ncontaminated in such a way as to present, or to be likely to present—\n(a) a significant risk of harm to human health; or\n(b) a risk of material environmental harm or serious environmental\n(2) A relevant person must not, without reasonable excuse, contravene\nsubsection (1).\n\n(a) the occupier of the land; or\n(b) if the occupier is not the lessee—the lessee; or\n\nEnvironment protection policies Part 4\n","sortOrder":28},{"sectionNumber":"23B","sectionType":"section","heading":"Definitions for pt 4","content":"23B Definitions for pt 4\nconsultation period—see section 25 (1).\ndraft environment protection policy includes a draft amendment of\nan environment protection policy, other than an amendment\nproposing changes solely of a formal nature.\nenvironment protection policy includes an amendment or repeal of\nan environment protection policy.\n","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Contents","content":"24 Contents\nEnvironment protection policies are documents prepared by the\nauthority, in accordance with this part and relevant best practice,\nsetting out—\n(a) guidelines to which the authority must have regard in\nadministering this Act generally or in relation to specified\nfunctions of the authority; or\n(b) guidelines for effective environment protection and\nmanagement within a particular industry or for the community\ngenerally; or\n(c) matters that the authority may take into account in relation to the\nmaking of a decision in the exercise of a discretion under this\nAct.\n\n","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Consultation on draft environment protection policy","content":"25 Consultation on draft environment protection policy\n(1) If the authority prepares a draft environment protection policy, the\nauthority must also prepare a notice—\n(a) containing a brief description of the draft policy; and\n(b) stating where the draft policy is available to the public; and\n(c) inviting anyone to make suggestions or comments about the\ndraft policy to the authority, at the place stated in the notice,\nwithin 40 working days after the day the notice is notified under\nthe Legislation Act (the consultation period).\n(3) The authority must give additional public notice of the notice.\n(4) During the consultation period, the authority must make the draft\nenvironment protection policy available to the public in accordance\nwith the notice.\n(5) The authority must also send a copy of a draft policy, without charge,\nto an entity prescribed by regulation.\n","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Consideration of suggestions etc and revision of draft","content":"26 Consideration of suggestions etc and revision of draft\nenvironment protection policy\n(1) The authority must consider the suggestions and comments made to\nit during the consultation period about the draft environment\nprotection policy.\n(2) The authority may, in writing, revise the draft environment protection\npolicy in accordance with any of the suggestions or comments.\n\nEnvironment protection policies Part 4\n","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"Making of environment protection policy","content":"27 Making of environment protection policy\n(1) After complying with section 26 in relation to the draft environment\nprotection policy, the authority may submit the draft policy (as\nrevised, if at all, under that section) to the Minister for consent to\nmake the policy.\n(2) If the Minister consents, the authority must make the draft policy as\nan environment protection policy.\n","sortOrder":33},{"sectionNumber":"28","sectionType":"section","heading":"Notification of environment protection policies etc","content":"28 Notification of environment protection policies etc\n(1) An environment protection policy is a notifiable instrument.\n(2) If an environment protection policy is made, public notice must be\ngiven of the following:\n(a) a brief description of the policy;\n(b) a statement of when the policy takes effect;\n(c) a statement of where the policy is made available to the public\nunder section 19.\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n","sortOrder":34},{"sectionNumber":"30","sectionType":"section","heading":"Legal character","content":"30 Legal character\nDespite any other territory law, an environment protection policy—\n(a) must be taken for all purposes to be an instrument of an\nadministrative character; and\n(b) must not be taken for any purpose to be an instrument of a\nlegislative character.\n\n","sortOrder":35},{"sectionNumber":"31","sectionType":"section","heading":"Accrediting codes of practice","content":"31 Accrediting codes of practice\n(1) The Minister may accredit a code of practice that sets out ways of\nachieving compliance with the general environmental duty when—\n(a) a specified activity or a group of related activities; or\n(b) some or all of the activities carried on within a particular\nindustry;\nis conducted that causes or is likely to cause environmental harm.\n(2) The Minister may accredit a code of practice under subsection (1)\nonly if satisfied that the code has been prepared in consultation with\npeople or organisations representing those conducting an activity or\ncarrying on the industry to which the code relates, and the public.\n(3) A code of practice accredited under subsection (1) is a disallowable\ninstrument.\n","sortOrder":36},{"sectionNumber":"32","sectionType":"section","heading":"Public notice of accredited codes of practice","content":"32 Public notice of accredited codes of practice\n(1) Within 10 working days after the day an accredited code of practice\nis notified under the Legislation Act, the Minister must give\nadditional public notice of the accreditation.\nrequirement in s (1) is in addition to the requirement for notification on\nthe legislation register as a disallowable instrument.\n(2) A public notice under subsection (1) must state where the accredited\ncode of practice is available to the public under section 19 (Public\naccess to documents).\n\nAccredited codes of practice Part 5\n","sortOrder":37},{"sectionNumber":"33","sectionType":"section","heading":"Deemed compliance with general environmental duty","content":"33 Deemed compliance with general environmental duty\nA person is taken to have complied with the general environmental\nduty in conducting an activity if the person has substantially complied\nwith the code of practice accredited under section 31 (1) for the\nactivity.\n\n","sortOrder":38},{"sectionNumber":"34","sectionType":"section","heading":"Schemes for economic measures","content":"34 Schemes for economic measures\nThe authority may develop and implement schemes involving\neconomic measures as a means of achieving the objects of this Act,\nexamples of which include bubble licence schemes and tradeable\npermit schemes.\n","sortOrder":39},{"sectionNumber":"35","sectionType":"section","heading":"Bubble licences","content":"35 Bubble licences\nA bubble licence scheme may include 1 or both of the following:\n(a) the determination of the aggregate measure of a pollutant that is\npermitted to enter the environment as a result of activities\nconducted by a group of people or on a group of sites;\n(b) the apportionment from time to time of the aggregate measure\namong the members of the group.\n","sortOrder":40},{"sectionNumber":"36","sectionType":"section","heading":"Tradeable permits","content":"36 Tradeable permits\nA tradeable permit scheme may include any of the following:\n(a) the determination of the aggregate measure of a pollutant that is\npermitted to enter the environment, whether for the whole of the\nACT or a particular part of the ACT;\n(b) the creation of tradeable emission permits or credits;\n(c) the allocation (whether by sale or otherwise) from time to time\nof tradeable permits or credits.\n\nEconomic measures Part 6\n","sortOrder":41},{"sectionNumber":"37","sectionType":"section","heading":"Regulation may make provision for schemes","content":"37 Regulation may make provision for schemes\n(1) A regulation may make provision in relation to schemes under this\npart, including regulating or prohibiting certain conduct.\n(2) A regulation under subsection (1) may be inconsistent with another\npart of this Act to the extent to which they authorise or prohibit certain\nconduct that apart from the regulation would not be authorised, and,\nin the event of an inconsistency, the regulation prevails.\nNote A reference to a provision of an Act includes a reference to the statutory\ninstruments made or in force under the provision, including regulations\n(see Legislation Act, s 104).\n\n","sortOrder":42},{"sectionNumber":"Part 7","sectionType":"part","heading":"Environmental protection","content":"Part 7 Environmental protection\nagreements\n","sortOrder":43},{"sectionNumber":"38","sectionType":"section","heading":"Entering agreements","content":"38 Entering agreements\n(1) Under section 42 (2) (a) or otherwise giving effect to the objects of\nthis Act, the Authority may enter into an environmental protection\nagreement in relation to an activity with the person who is conducting,\nor proposing to conduct, the activity.\n(2) The authority must give the person in subsection (1) a copy of the\nagreement.\n","sortOrder":44},{"sectionNumber":"39","sectionType":"section","heading":"Form and terms of agreements","content":"39 Form and terms of agreements\nAn environmental protection agreement—\n(a) must be in writing executed by the parties to the agreement; and\n(b) has effect for a specified period, unless terminated earlier in\naccordance with the agreement; and\n(c) may contain terms providing for any matter that the parties agree\nis appropriate for furthering the objects of this Act, for example,\nagreeing—\n(i) to take specified action, to comply with an industry\nstandard or code of practice or to comply with other\nspecified standards (including prescribed standards), for\nthe purpose of preventing, minimising or eliminating\nenvironmental harm caused or likely to be caused by the\nactivity; or\n(ii) to meet progressively higher standards for the prevention,\nminimisation or elimination of environmental harm caused\nor likely to be caused by the activity; or\n(iii) to provide for how the agreement will operate if there is a\nchange in the person who is conducting the activity; or\n\nEnvironmental protection agreements Part 7\n(iv) to provide for the consequences of a party breaching the\nagreement, including the circumstances in which a party\nmay terminate for breach; or\n(v) to provide for the circumstances in which and the method\nby which a party may terminate the agreement; and\n(d) may be varied in writing by the parties, including by extending\nthe term of the agreement.\n","sortOrder":45},{"sectionNumber":"40","sectionType":"section","heading":"Effect of agreements","content":"40 Effect of agreements\n(1) An environmental protection agreement does not relieve a party to the\nagreement from any obligation or duty under this Act or another law.\n(2) No action or proceeding lies against a party to an environment\nprotection agreement arising out of an act or omission only because\nit constitutes a breach of the agreement.\n","sortOrder":46},{"sectionNumber":"41","sectionType":"section","heading":"Notification of environmental protection agreements","content":"41 Notification of environmental protection agreements\n(1) If the authority enters into an environmental protection agreement\nunder section 38 (Entering agreements), the authority must prepare a\nnotice stating that the agreement—\n(a) has been entered into; and\n(b) is available to the public under section 19 (Public access to\ndocuments).\n(3) Within 10 working days after the day an environmental protection\nagreement is notified under the Legislation Act, the authority must\ngive additional public notice of the accreditation.\n\n(4) The Minister may declare that this section does not apply to an\nenvironmental protection agreement if satisfied that the\nimplementation of the agreement—\n(a) is not likely to cause environmental harm; or\n(b) is likely to cause environmental harm, but not material\n(5) A declaration under subsection (4) is a disallowable instrument.\n\nInterpretation for pt 8 Division 8.1A\n","sortOrder":47},{"sectionNumber":"Div 8","sectionType":"division","heading":"1A Interpretation for pt 8","content":"Division 8.1A Interpretation for pt 8\n","sortOrder":48},{"sectionNumber":"41A","sectionType":"section","heading":"Meaning of environmental authorisation","content":"41A Meaning of environmental authorisation\nenvironmental authorisation includes an authorisation that is\ndeclared under section 67A to be a recognised environmental\nauthorisation to which division 8.2 applies.\nDivision 8.1 Requirements to hold and comply\nwith an authorisation\n","sortOrder":49},{"sectionNumber":"42","sectionType":"section","heading":"Conducting prescribed classes of activities","content":"42 Conducting prescribed classes of activities\n(1) A person must not conduct an activity listed in schedule 1 as a class A\nactivity unless the person holds an environmental authorisation in\nrelation to that activity.\n(2) A person must not conduct an activity listed in schedule 1 as a class B\nactivity unless the person—\n(a) is a party to an environmental protection agreement that is in\neffect in relation to that activity; or\n(b) holds an environmental authorisation in relation to that activity.\n","sortOrder":50},{"sectionNumber":"43","sectionType":"section","heading":"Authority may require environmental authorisation","content":"43 Authority may require environmental authorisation\n(1) Subject to subsection (2), the authority may notify a person in writing\nthat the person is not to conduct, or continue to conduct, a specified\nactivity unless the person holds an environmental authorisation in\nrelation to that activity.\n\nDivision 8.1 Requirements to hold and comply with an authorisation\n(2) The authority may notify a person under subsection (1) if the\nauthority has reasonable grounds for believing—\n(a) that, in conducting the specified activity, the person has\ncontravened, is contravening or is likely to contravene a\n(b) that, as a result, serious or material environmental harm has\nhappened, is happening or is likely to happen.\n(3) A notice under subsection (1) must contain a statement to the effect\nthat, if the person wishes to obtain an environmental authorisation in\nrelation to the specified activity, the person must lodge an application\nunder section 47 on or before the date specified in the notice (not less\nthan 10 working days after the date of the notice).\n(4) The authority may, on application or on the authority’s own initiative,\nrevoke a notice under subsection (1) by written notice specifying the\ndate when the revocation takes effect.\n","sortOrder":51},{"sectionNumber":"44","sectionType":"section","heading":"Conducting activities other than prescribed activities","content":"44 Conducting activities other than prescribed activities\n(1) A person who is served with a notice under section 43 (1) must not\nconduct, or continue to conduct, the activity described in the notice\nunless the person holds an environmental authorisation in relation to\nthat activity.\n(2) A person does not commit an offence against subsection (1)—\n(a) on or before the date specified in the notice by which an\napplication for an environmental authorisation must be lodged;\nor\n(b) if the person lodges an application on or before that date—while\na decision on the application is pending; or\n(c) if the notice is revoked—on or after the date of revocation.\n\n","sortOrder":52},{"sectionNumber":"45","sectionType":"section","heading":"Compliance with authorisation","content":"45 Compliance with authorisation\n(1) A person must not contravene an environmental authorisation.\n(2) If—\n(a) a court finds a person guilty of an offence against subsection (1)\nthe circumstances of which were—\n(i) that the person caused the entry into the environment of a\nmeasure of a pollutant in excess of the measure authorised\nby the environmental authorisation; and\n(ii) that, as a result, environmental harm was caused or likely\nto be caused; and\n(b) the court, in deciding the penalty (if any) to be imposed on the\nperson, considers it relevant to have regard to the environmental\nharm caused, or likely to be caused, in the commission of the\noffence;\nthe court must have regard to all the circumstances of the offence\nincluding—\n(c) the conditions of the environmental authorisation; and\n(d) the environmental harm caused by the excess pollutant.\nDivision 8.2 Grant, variation, cancellation and\nsuspension\n","sortOrder":53},{"sectionNumber":"46","sectionType":"section","heading":"Kinds of authorisation","content":"46 Kinds of authorisation\n(1) The authority may, on application, grant—\n(a) a standard environmental authorisation in relation to any\nprescribed activity; or\n\n(b) an accredited environmental authorisation in relation to a\nprescribed activity in relation to which effect has been given or\nis being given to an environmental improvement initiative; or\n(c) a special environmental authorisation in relation to a prescribed\nactivity that is being conducted for the purposes of research and\ndevelopment, including for the purpose of trialling experimental\nequipment.\nenvironment improvement initiative means—\n(a) an environmental protection agreement that has as one of its\nterms a requirement that a party comply with a code of practice\naccredited under section 31; or\n(b) an environmental improvement plan accredited under\nsection 72; or\n(c) a prescribed standard of the International Organization for\nStandardization; or\n(d) a prescribed initiative.\n","sortOrder":54},{"sectionNumber":"47","sectionType":"section","heading":"Application","content":"47 Application\n(1) A person who is conducting or proposing to conduct a prescribed\nactivity may apply to the authority for an environmental authorisation\nin relation to that activity.\n(2) An application—\n(a) must specify the kind of environmental authorisation applied\nfor; and\n(b) if that kind is an accredited or special environmental\nauthorisation—may specify that in the alternative a standard\nenvironmental authorisation is applied for.\n\n(3) If the applicant is not the lessee of the land (or for land under a land\nsublease, the sublessee) on which the activity is being conducted, or\nis proposed to be conducted, the application must be accompanied by\nthe written consent to the making of the application of—\n(a) if the land is leased—\n(i) the lessee; or\n(ii) for land under a land sublease—the sublessee and\nsublessor; or\nNote A sublessor, under a land sublease, is the lessee under the Crown\nlease under which the sublease is granted.\n(b) if the land is unleased territory land—the Territory; or\n(c) if the land is unleased national land—the Commonwealth.\n","sortOrder":55},{"sectionNumber":"48","sectionType":"section","heading":"Consultation on application for environmental","content":"48 Consultation on application for environmental\n(1) If the authority receives an application under section 47 in relation to\na prescribed activity (other than a prescribed activity to which a\ndeclaration under subsection (6) applies), the authority must prepare\na notice—\n(a) containing a brief description of the prescribed activity and its\nlocation; and\n(b) indicating where copies of the application may be obtained; and\n(c) inviting anyone to make submissions about the application to the\nauthority, at the place stated in the notice, no later than the date\n(the relevant date) stated in the notice.\n(2) The relevant date must be at least 15 working days after the day the\nnotice is notified under the Legislation Act.\n(3) The notice is a notifiable instrument.\n\n(4) Within 10 working days after the day the notice mentioned in\nsubsection (1) is notified under the Legislation Act, the authority must\ngive additional public notice of the notice.\nrequirement in s (4) is in addition to the requirement for notification on\n(5) The Minister may declare that this section does not apply to a\nprescribed activity.\n(6) A declaration under subsection (5) is a disallowable instrument.\n","sortOrder":56},{"sectionNumber":"49","sectionType":"section","heading":"Grant","content":"49 Grant\n(1) Subject to section 61, the authority must, within 20 working days of\nthe receipt of an application under section 47, or within 20 working\ndays of the date specified in a notice under section 48 (1) (c) and after\ntaking into account any submissions received in response to that\nnotice, as the case requires—\n(a) grant an environmental authorisation in relation to a specified\nactivity, for the period and subject to the conditions (if any)\nspecified in the authorisation; or\n(b) refuse to grant an environmental authorisation in relation to a\nspecified activity; or\n(c) require the applicant to provide further specified information by\na specified date, not earlier than 10 working days after the date\nof the notice; or\n(d) request the Minister under section 94 to direct that an EIS be\nprepared in relation to the possible environmental impact of a\nspecified activity.\n\n(2) If under subsection (1) (c) the authority requires the applicant to\nprovide further information, the authority must within 10 working\ndays after receiving the further information—\nor\nsubsection (1) (b); or\n(c) make a request of the Minister under subsection (1) (d).\n(3) If within 20 working days after the authority makes a request under\nsubsection (1) (d) or (2) (c) the Minister has not acceded to the\nrequest, the authority must—\nor\nsubsection (1) (b); or\n(c) require further information under subsection (1) (c).\n(4) If under subsection (3) (c) the authority requires the applicant to\nprovide further information, the authority must within 10 working\ndays after receiving the further information—\nor\nsubsection (1) (b).\n(5) Subsection (6) applies if—\n(a) before the authority makes a decision granting or refusing to\ngrant an environmental authorisation under subsection (1), (2),\n(3) or (4), the Minister, on the Minister’s own initiative under\nsection 94, directs that an EIS be prepared in relation to the\npossible environmental impact of the specified activity; or\n\n(b) before the authority makes a decision granting or refusing to\ngrant an environmental authorisation under subsection (3), the\nMinister agrees to a request under subsection (1) (d) or (2) (c).\n(6) The authority must, not later than 20 working days after the day the\nEIS is finalised—\nor\nsubsection (1) (b).\n(7) The authority must give written notice of its decision to anyone who\nhas made a submission in relation to the application under\nsection 48 (1) (c).\nNote See s 136 for the requirement to notify other people.\n(8) In this section:\nfinalised, for an EIS (other than a public health EIS), means the day\nthe EIS is finalised under the Planning Act 2023, section 128 as\napplied by this Act, section 94A.\npublic health EIS—see the Planning Act 2023, dictionary.\n","sortOrder":57},{"sectionNumber":"50","sectionType":"section","heading":"Notification of grant","content":"50 Notification of grant\n(1) The authority must notify the applicant of its decision under\nsection 49 granting an environmental authorisation.\n(a) if the authorisation fee is payable by instalments—\n(i) specify the amount of each instalment or the rate at which,\nor the formula or other method by which, each instalment\nis to be calculated; and\n\n(ii) specify the due date for each instalment; or\n(b) specify the amount of the authorisation fee and state that the fee\nis payable as a lump sum.\n(3) The authority must also prepare a notice stating that the\nauthorisation—\n(a) has been granted; and\n(b) is available to the public under section 19 (Public access to\ndocuments).\n(4) The notice under subsection (3) is a notifiable instrument.\n(5) The notice must be notified under the Legislation Act within\n10 working days after the day the decision is notified under\nsubsection (1).\n(6) The Minister may declare that subsections (3) to (5) do not apply to\nan authorisation if satisfied that the activity authorised, if carried out\nin accordance with any conditions stated in the authorisation—\n(a) is not likely to cause environmental harm; or\n(b) is likely to cause environmental harm, but not material\n(7) A declaration under subsection (6) is a disallowable instrument.\n","sortOrder":58},{"sectionNumber":"51","sectionType":"section","heading":"Kinds of conditions","content":"51 Kinds of conditions\nSubject to section 61, the conditions that the authority may impose\nunder section 49 (1) (a) or section 60 are—\n(a) conditions for the purposes of ensuring compliance with this Act\nand relevant best practice, including, for example—\n(i) that the applicant commission an environmental audit in\nrelation to a specified matter and submit for consideration\nby the authority under section 77 a report of the audit; or\n\n(ii) that the applicant prepare and submit to the authority for\napproval under section 71 a draft environmental\nimprovement plan; or\n(iii) that the applicant prepare and submit to the authority for\napproval under section 84 a draft emergency plan; or\n(iv) that the applicant provide to the authority under section 85\na financial assurance of a specified kind and amount; or\n(v) that the applicant give to the authority specified\ninformation regarding the environmental impact of the\nactivity at any specified time or times during the period of\nthe environmental authorisation; or\n(vi) that the applicant conduct specified environmental\nmonitoring or testing; or\n(vii) that the applicant comply with a specified provision of an\nindustry standard or code of practice, that relates to\nminimising environmental harm or likely environmental\nharm; or\n(viii) that the applicant comply with specified prescribed\nstandards; or\n(ix) that the applicant not begin the specified activity until the\nauthority is satisfied of specified matters; and\n(b) any other conditions the authority considers necessary.\n\n","sortOrder":59},{"sectionNumber":"52","sectionType":"section","heading":"Period of authorisation","content":"52 Period of authorisation\n(1) Environmental authorisations may be granted for the following\nperiods:\n(a) for a standard environmental authorisation or an accredited\n(i) an unlimited period; or\n(ii) a specified period of not longer than 3 years;\n(b) for a special environmental authorisation—a specified period of\nnot longer than 3 years.\n(2) A standard environmental authorisation or accredited environmental\nauthorisation granted for an unlimited period—\n(a) takes effect on the day after the day when—\n(i) if the annual fee under section 53 for the first year of the\nauthorisation is payable by instalments—the first\ninstalment is paid; or\n(ii) if the annual fee under section 53 for the first year of the\nauthorisation is payable as a lump sum—the fee is paid;\nand\n(b) has effect until—\n(i) the authorisation is cancelled under section 55 or\nsection 63; or\n(ii) the authorisation is surrendered under section 66.\n(3) An environmental authorisation granted for a specified period—\n(a) takes effect on the day after the day when—\n(i) if the whole of period fee under section 53 for the\nauthorisation is payable by instalments—the first\ninstalment is paid; or\n\n(ii) if the whole of period fee under section 53 for the\nauthorisation is payable as a lump sum—the fee is paid;\nand\n(b) has effect until—\n(i) the end of the period specified in the authorisation; or\n(ii) the authorisation is cancelled under section 55 or\nsection 63; or\n(iii) the authorisation is surrendered under section 66.\n","sortOrder":60},{"sectionNumber":"53","sectionType":"section","heading":"Authorisation fees","content":"53 Authorisation fees\n(1) The holder of a standard environmental authorisation granted for an\nunlimited period is liable to pay an annual fee for each year or part of\na year that the authorisation is in effect.\n(2) The holder of an environmental authorisation granted for a specified\nperiod is liable to pay a whole of period fee for the whole of the period\nfor which the authorisation is granted.\n(3) The holder of an accredited or special environmental authorisation is\nentitled to a reduction in the whole of period fee that would have been\npayable if, instead of that kind of environmental authorisation, the\nholder had been granted a standard environmental authorisation.\n","sortOrder":61},{"sectionNumber":"55","sectionType":"section","heading":"Nonpayment of fees","content":"55 Nonpayment of fees\n(1) If the holder of an environmental authorisation fails to pay an amount\ndetermined in relation to the authorisation when it is due, the authority\nmust, by written notice to the holder—\n(a) require that the amount be paid by the day specified in the\nnotice; and\n(b) advise the holder that, if the amount is not paid on or before that\nday, the authorisation will be cancelled.\n\n(2) The authority must cancel an environmental authorisation if—\n(a) a notice under subsection (1) has been sent to the holder of the\nauthorisation; and\n(b) the amount due has not been paid by the day specified in the\nnotice.\n","sortOrder":62},{"sectionNumber":"57","sectionType":"section","heading":"Review of certain authorisations","content":"57 Review of certain authorisations\n(1) The authority must review a standard environmental authorisation\ngranted for an unlimited period at least once—\n(a) within 5 years after the day the authorisation first comes into\neffect; and\n(b) in each further 5-year period during which the authorisation\ncontinues to have effect.\n(2) The authority must review a special environmental authorisation\ngranted for a specified period longer than 1 year annually.\n(3) The authority may also review a standard or special environmental\nauthorisation at any time that the authorisation is in effect.\n(4) After conducting a review under this section, the authority may take\naction under this Act or decide not to do so.\nNote Section 61 requires the authority to take into account certain matters in\nmaking a decision under this section.\n","sortOrder":63},{"sectionNumber":"58","sectionType":"section","heading":"Review of accredited environmental authorisations","content":"58 Review of accredited environmental authorisations\n(1) The authority must, at least once in every 3 years after the grant of an\naccredited environmental authorisation, review the accreditation.\n(2) After conducting a review, the authority may take action under this\nsection or decide not to do so.\n\n(3) If as a result of the review and after taking into account the matters\nmentioned in section 61, the authority is of the opinion that the\nactivity conducted under the authorisation should not continue to be\nan accredited environmental authorisation, the authority must cancel\nthe accredited environmental authorisation.\n(4) If the authority takes action under subsection (3), the authorisation is\ntaken (in relation to activities conducted after the date of cancellation)\nto be a standard environmental authorisation and to have been granted\nunder section 49 for the unexpired period of the former accredited\n","sortOrder":64},{"sectionNumber":"59","sectionType":"section","heading":"Notification of review of environmental authorisations","content":"59 Notification of review of environmental authorisations\n(1) When a review under section 57 (1) or section 58 (1) is finished, the\nauthority must prepare a notice—\n(a) stating the outcome of the review; and\n(b) indicating that a copy of the review is available to the public\nunder section 19 (Public access to documents).\n(3) Within 10 working days after the day the notice mentioned in\nsubsection (1) is notified under the Legislation Act, the authority must\ngive additional public notice of the notice.\n\n","sortOrder":65},{"sectionNumber":"60","sectionType":"section","heading":"Variation","content":"60 Variation\n(1) Subject to section 61 and section 62, the authority may vary an\nenvironmental authorisation by written notice to the holder of the\nauthorisation—\n(a) on application by the holder; or\n(b) if this Act has been amended since the authorisation was\ngranted; or\n(c) if the authority has reasonable grounds for believing—\n(i) that—\n(A) in conducting the authorised activity, the holder has\ncontravened, is contravening or is likely to contravene\nthe environmental authorisation, an environment\nprotection order or a provision of this Act; and\n(B) as a result, serious or material environmental harm\nhas happened, is happening or is likely to happen; or\n(ii) that the potential for the authorised activity to cause serious\nor material environmental harm has changed; or\n(iii) that the circumstances in which the environmental\nauthorisation was granted or previously varied have\nchanged in a material respect; or\n(iv) that the environmental authorisation was granted or\npreviously varied on the basis of false or misleading\ninformation.\n(2) The authority may not vary the term of an environmental\nauthorisation under this section.\n\n","sortOrder":66},{"sectionNumber":"61","sectionType":"section","heading":"Matters required to be taken into account for certain","content":"61 Matters required to be taken into account for certain\ndecisions under div 8.2\nIn making a decision under section 49 (1), section 51, section 57 or\nsection 60 (1), the authority must take into account—\n(a) the potential for the activity to cause environmental harm,\nincluding the likelihood over time of that potential changing or\nthat harm being serious or material environmental harm; and\n(b) the environmental record of the applicant; and\n(c) any relevant environment protection policy; and\n(d) the actual or potential economic, social and cultural benefits that\nare being or would be derived from the activity; and\n(e) for a decision under section 60—\n(i) the environmental record of the applicant since the\nenvironmental authorisation was granted or last varied, as\nthe case may be; and\n(ii) any submissions made in response to an invitation under\nsection 62 (1) (c); and\n(f) if the activity relates to a function of the director-general under\nthe Water Resources Act 2007—any advice of the\ndirector-general in relation to the activity; and\nNote The director-general’s functions under the Water Resources\nAct 2007 are set out in that Act, s 64.\n(g) any other matters that the authority considers relevant.\n","sortOrder":67},{"sectionNumber":"62","sectionType":"section","heading":"Notice of intention to vary an authorisation","content":"62 Notice of intention to vary an authorisation\n(1) Subject to subsection (2), before acting under section 60, the authority\nmust give the holder of the environmental authorisation a notice—\n(a) stating that the authority is proposing to vary the authorisation;\nand\n\n(b) stating the nature of, and the reasons for, the proposed variation;\nand\n(c) inviting a written submission on the proposed variation on or\nbefore a specified date, being a date 10 working days after the\ndate of the notice.\n(2) This section does not apply if—\n(a) the variation is for the sole purpose of correcting an error or\nomission of a formal nature and the holder of the authorisation\nhas given written consent to the variation; or\n(b) the authority—\n(i) has reasonable grounds for believing that the authorised\nactivity is causing, or in the immediate future will cause or\nis likely to cause, serious or material environmental harm;\nand\n(ii) is satisfied that the variation will assist in reducing or\npreventing that harm; or\n(c) the variation is in accordance with an application under\nsection 60 (1) (a).\n","sortOrder":68},{"sectionNumber":"63","sectionType":"section","heading":"Suspension and cancellation","content":"63 Suspension and cancellation\n(1) Subject to section 64, the authority may suspend or cancel an\nenvironmental authorisation by written notice to the holder of the\nauthorisation if the authority has reasonable grounds for believing—\n(a) that—\n(i) in conducting the authorised activity, the holder has\ncontravened or is contravening the environmental\nauthorisation, an environment protection order or a\n(ii) as a result, serious or material environmental harm has\nhappened, is happening or is likely to happen; or\n\n(b) that the holder has ceased to conduct the authorised activity; or\n(c) that the environmental authorisation was granted or varied on\nthe basis of false or misleading information.\n(2) An environmental authorisation may be suspended under\nsubsection (1) until the authority is satisfied that specified conditions\nare fulfilled.\n(3) In making a decision under subsection (1), the authority must take\ninto account—\n(a) the environmental record of the applicant since the\nenvironmental authorisation was granted or last varied, as the\ncase requires; and\n(b) any submissions made in response to an invitation under\nsection 64 (c).\n","sortOrder":69},{"sectionNumber":"64","sectionType":"section","heading":"Notice of intention to suspend or cancel an authorisation","content":"64 Notice of intention to suspend or cancel an authorisation\nBefore acting under section 58 or section 63, the authority must give\nthe holder of the environmental authorisation a notice—\n(a) stating that the authority is—\n(i) under section 58—proposing to cancel the authorisation; or\n(ii) under section 63—proposing to suspend or cancel the\nauthorisation, as the case may be; and\n(b) stating the reasons for the proposed suspension or cancellation;\nand\n(c) inviting a written submission on the proposed suspension or\ncancellation on or before a specified date, being a date\n10 working days after the date of the notice.\n\n","sortOrder":70},{"sectionNumber":"65","sectionType":"section","heading":"Effect of suspension","content":"65 Effect of suspension\nFor this Act, if an environmental authorisation to conduct an activity\nis suspended, the conduct of the activity is taken not to be authorised\nduring the period of the suspension.\n","sortOrder":71},{"sectionNumber":"66","sectionType":"section","heading":"Surrender of environmental authorisation","content":"66 Surrender of environmental authorisation\nThe holder of an environmental authorisation may surrender the\nauthorisation by written notice to the authority.\n","sortOrder":72},{"sectionNumber":"67","sectionType":"section","heading":"Notification of ceasing activity","content":"67 Notification of ceasing activity\nIf the holder of an environmental authorisation ceases permanently to\nconduct the authorised activity, the holder must not fail, without\nreasonable excuse, to notify the authority in writing within\n10 working days of that cessation.\nMaximum penalty: 10 penalty units.\n","sortOrder":73},{"sectionNumber":"67A","sectionType":"section","heading":"Recognised environmental authorisations","content":"67A Recognised environmental authorisations\n(1) The Minister may declare a licence, authorisation, permit, notice or\napproval issued, granted or given under a law of a State or another\nTerritory to conduct a class of activity specified in schedule 1,\nsection 1.2 to be a recognised environmental authorisation to which\nthis division applies.\n(2) A declaration under subsection (1) is a disallowable instrument.\n\n","sortOrder":74},{"sectionNumber":"68","sectionType":"section","heading":"Contents of environmental improvement plan","content":"68 Contents of environmental improvement plan\n(1) For section 69, an environmental improvement plan in relation to an\nactivity must, having regard to relevant best practice, specify—\n(a) the matters addressed by the plan; and\n(b) the ways in which the conduct of the activity will be altered—\n(i) to minimise or reduce the adverse environmental impact of\nthe activity; and\n(ii) to ensure that the activity is conducted in accordance with\nthis Act; and\n(c) a timetable for the implementation of each part of the plan.\n(2) An environmental improvement plan may include a requirement that\nspecified monitoring or testing be conducted to assess the\nenvironmental impact of the activity.\n","sortOrder":75},{"sectionNumber":"69","sectionType":"section","heading":"Authority may require environmental improvement plan","content":"69 Authority may require environmental improvement plan\n(1) The authority may by written notice require a person conducting, or\nproposing to conduct, an activity to prepare or cause to be prepared\nand to submit for approval to the authority a draft environmental\nimprovement plan in relation to the activity if the authority—\n(a) has reasonable grounds for believing—\n(i) that, in conducting the activity, the person has contravened,\nis contravening or is likely to contravene an environmental\nauthorisation, an environment protection order or a\n(ii) that, as a result, serious or material environmental harm has\nhappened, is happening or is likely to happen; and\n\nEnvironmental improvement plans Division 9.1\n(b) is satisfied that changes in the method of conducting the activity\nwould reduce the likelihood of that contravention or resultant\n(a) specify the grounds on which the draft environmental\nimprovement plan is required; and\n(b) outline the facts and circumstances forming the basis for the\ngrounds; and\n(c) specify any particular matters that must be addressed in the draft\nplan; and\n(d) specify a date, not earlier than 20 working days after the date of\nthe notice, on or before which the person must submit the draft\nplan to the authority; and\n(e) specify—\n(i) the fee that must be paid when the draft plan is submitted;\nor\n(3) A person must not fail to comply with a notice under subsection (1).\n","sortOrder":76},{"sectionNumber":"71","sectionType":"section","heading":"Approval of environmental improvement plan","content":"71 Approval of environmental improvement plan\n(1) If the authority receives a draft environmental improvement plan\nsubmitted in compliance with—\n(a) a notice under section 69 (1); or\n\nthe authority must, within 20 working days of that receipt, by written\nnotice—\n(c) approve the draft plan and require the person who submitted the\nplan to implement the plan as approved; or\n(d) reject the draft plan and require the person to—\n(i) amend the draft plan in accordance with any requirements\nspecified in the notice; and\n(ii) resubmit the draft plan to the authority.\n(2) If the authority requires a person to resubmit a draft plan under\nsubsection (1) (d), the authority must, by written notice to the person\nwithin 10 working days of receipt of the resubmitted draft plan—\n(a) approve the draft plan and require the person to implement the\nplan as approved; or\n(b) reject the draft plan.\n(3) A person must not fail to comply with—\n(a) a notice under subsection (1) (c) or (2) (a) requiring the person\nto implement the plan approved under that paragraph; or\n(b) a notice under subsection (1) (d) requiring the person to amend\nthe draft plan and resubmit it to the authority.\n","sortOrder":77},{"sectionNumber":"72","sectionType":"section","heading":"Accreditation of voluntary improvement plans","content":"72 Accreditation of voluntary improvement plans\n(1) A person who is conducting, or proposing to conduct, an activity may\napply to the authority for accreditation of an environmental\nimprovement plan in relation to the activity that the person has, on\nthe person’s own initiative, prepared or caused to be prepared.\n\n(2) An application must include—\n(a) a request that the plan be accredited under this section; and\n(b) a copy of the plan, specifying the period during which the plan\nis proposed to be implemented and the measures proposed to be\ntaken under the plan to achieve the best environmental practice.\n(3) The authority may accredit an environmental improvement plan\nunder this section if satisfied that, as a result of implementing the\nplan, over the specified period environmental harm would be reduced\nto the maximum extent reasonably possible.\n(4) In making a decision under subsection (3), the authority must take\ninto account—\n(a) the extent to which the objects of this Act would be furthered by\naccrediting the plan; and\n(b) the nature of the activity, particularly the potential of the activity\nto cause serious or material environmental harm; and\n(c) the state of available technology.\n","sortOrder":78},{"sectionNumber":"73","sectionType":"section","heading":"Meaning of auditor for div 9.2","content":"73 Meaning of auditor for div 9.2\nIn this division:\nauditor, in relation to an environmental audit, means the person who\nconducts the audit.\n","sortOrder":79},{"sectionNumber":"74","sectionType":"section","heading":"Conduct of audits","content":"74 Conduct of audits\n(1) For section 76 or section 78, an environmental audit is an assessment\nof an activity to decide—\n(a) the source, cause or extent of environmental harm being caused,\nor likely to be caused, by the activity; and\n\n(b) the need for any alteration of management practices to reduce\nthe environmental impact of the activity; and\n(c) the extent and nature of any contravention, or likely\ncontravention, of an environmental authorisation, an\nenvironment protection order or a provision of this Act.\n(2) An environmental audit must consider—\n(b) the permitted and approved uses of the land to which the audit\nrelates; and\n(c) any relevant environmental protection policies; and\n(d) any relevant national environment protection measures.\n","sortOrder":80},{"sectionNumber":"75","sectionType":"section","heading":"Certain auditors to be approved","content":"75 Certain auditors to be approved\n(1) An environmental audit for section 76 or section 78 must be\nconducted by a person approved by the authority to conduct the\nenvironmental audit.\n(2) The authority must not approve a person under subsection (1) unless\nsatisfied that the person—\n(a) has appropriate qualifications and experience to enable the\nperson to conduct the audit; and\n(b) meets the prescribed criteria.\n(3) For this section, the authority must prepare and maintain a list of\napproved auditors whom it is satisfied meet the requirements of\nsubsection (2).\n\n(4) The authority must remove the name of an auditor from the list\nmaintained under subsection (3) if satisfied that the auditor no longer\nmeets the prescribed criteria.\n(5) An auditor is taken to be on a list maintained for subsection (3) for so\nlong as the name of the auditor appears on a list of auditors\nmaintained under a corresponding law of a State or another Territory.\n(6) A condition applying to a person whose name appears on a list of\nauditors maintained under a corresponding law of a State or another\nTerritory applies to that person when conducting an audit under this\nAct.\n","sortOrder":81},{"sectionNumber":"76","sectionType":"section","heading":"Authority may require environmental audit","content":"76 Authority may require environmental audit\n(1) The authority may by written notice require a person conducting, or\nproposing to conduct, an activity to commission an environmental\naudit of the activity and submit a report on the audit to the authority,\nif the authority has reasonable grounds for believing that—\n(a) in conducting the activity, the person—\n(i) has contravened, is contravening or is likely to contravene\nan environmental authorisation, an environment protection\norder or a provision of this Act; or\n(ii) has breached, is breaching or is likely to breach an\nenvironmental protection agreement; and\n(b) if the person were to conduct the proposed activity, the person\nmay contravene an environmental authorisation, an environment\nprotection order or a provision of this Act, or may breach an\nenvironmental protection agreement; and\n(c) as a result, serious or material environmental harm has\nhappened, is happening or may happen.\n(2) The authority may, by written notice, require a person to commission\nan environmental audit of contaminated land.\n\n(3) An auditor must not carry out an audit for subsection (2) if the auditor\ncarried out an assessment or remediation of the land to which the audit\nrelates.\n(4) A notice under subsection (1) or (2) must—\n(a) specify the grounds on which the audit is required; and\n(b) outline the facts and circumstances forming the basis for the\ngrounds; and\n(c) specify any particular matters that must be addressed in the\naudit; and\n(d) specify a date, not earlier than 20 working days after the date of\nthe notice, on or before which the person must submit the\nauditor’s report to the authority; and\n(e) specify—\n(i) the fee that must be paid when the auditor’s report is\nsubmitted; or\n(5) A person must not fail to comply with a notice under subsection (1)\nor (2).\n(6) A reference in subsection (1) to conducting an activity includes a\nreference to a variation or proposed variation of how the activity is\nconducted.\n","sortOrder":82},{"sectionNumber":"76A","sectionType":"section","heading":"Requests for auditor’s statements","content":"76A Requests for auditor’s statements\n(1) An auditor must, within 7 working days of receiving a request under\nthis or another Act to carry out an audit of contaminated land, give to\nthe authority a written notice specifying—\n(a) the name of the person making the request; and\n\n(b) reasons for the person making the request; and\n(c) the location of the land to which the audit relates; and\n(d) an estimation of the time within which the audit will be\ncompleted.\n(2) An auditor must, within 15 working days after completing an audit,\ngive to the authority a copy of the site audit statement.\n","sortOrder":83},{"sectionNumber":"76B","sectionType":"section","heading":"Annual returns—auditors","content":"76B Annual returns—auditors\nAn auditor must, within 60 working days after the end of each\nfinancial year, give to the authority a report about each audit of\ncontaminated land carried out under this Act or another Act during\nthat year.\n","sortOrder":84},{"sectionNumber":"77","sectionType":"section","heading":"Authority’s response to environmental audit report","content":"77 Authority’s response to environmental audit report\n(1) If the authority receives an environmental audit report submitted in\ncompliance with—\n(a) a notice under section 76 (1); or\nthe authority must, within 20 working days of that receipt, consider\nthe report and by written notice—\n(c) require the person who submitted the report to provide further\nspecified information by the specified date, not less than\n10 working days after the date of the notice; or\n(d) advise the person that the authority intends to take specified\naction under this Act in relation to the activity assessed by the\naudit; or\n(e) advise the person that no further action will be taken by the\nauthority in relation to the audit report.\n\n(2) If the authority requires a person to provide further information under\nsubsection (1) (c), the authority must take action under\nsubsection (1) (d) or (e) by written notice to the person within\n10 working days of—\n(a) receipt of the further information; or\n(b) the end of the date specified in the notice under\nsubsection (1) (c);\nwhichever happens first.\n(3) A person must not fail to comply with a notice under\nsubsection (1) (c) requiring the person to provide further specified\ninformation by a specified date.\n","sortOrder":85},{"sectionNumber":"78","sectionType":"section","heading":"Protection for reports of voluntary audits","content":"78 Protection for reports of voluntary audits\n(1) A person who is conducting, or proposing to conduct, an activity may\napply to the authority to obtain the protection of this section in\nrelation to an environmental audit of the activity that the person, on\nthe person’s own initiative, proposes to commission.\n(2) An application must include—\n(a) a request that the applicant be granted protection under this\nsection; and\n(b) a detailed outline of the matters to be addressed by the audit and\nhow those matters will be addressed.\n(3) The authority may grant an applicant protection under this section in\nrelation to a specified environmental audit if satisfied that the objects\nof this Act would be better furthered by granting protection than by\nnot doing so.\n\n(4) A grant under subsection (3) may be made subject to conditions,\nincluding—\n(a) that the report of the audit must address, and may only address,\nspecified matters; and\n(b) that the report be prepared in a specified way.\n(5) A person who has been granted protection under this section in\nrelation to an environmental audit must submit to the authority a copy\nof the auditor’s report within 20 working days after receiving the\nreport.\n(6) Subject to compliance with the conditions (if any) of a grant of\nprotection made under subsection (3), the environmental audit report\nspecified in the grant is not admissible in evidence against the\napplicant in any proceedings for the enforcement of this Act.\n(7) This section does not affect—\n(a) the obligation of the holder of an environmental authorisation to\ncomply with the conditions of the authorisation; or\n(b) the obligation of a person to notify the authority under\nsection 23.\n","sortOrder":86},{"sectionNumber":"79","sectionType":"section","heading":"Protection does not extend to environment protection","content":"79 Protection does not extend to environment protection\norders\nA grant of protection under section 78 does not prevent the authority\nfrom serving an environment protection order in relation to a matter\naddressed in the audit report.\n\n","sortOrder":87},{"sectionNumber":"80","sectionType":"section","heading":"Definitions for div 9.3","content":"80 Definitions for div 9.3\nIn this division:\nenvironmental emergency means a foreseeable occurrence that, if it\noccurred, would be likely to cause—\n(a) the entry into the environment of a measure of a pollutant that\nexceeds the measure authorised by or under this Act; and\n(b) as a result of the entry of that excess pollutant, serious or\nmaterial environmental harm.\npreparation requirements means a course of action mentioned in\nsection 81 (1) (b).\n","sortOrder":88},{"sectionNumber":"81","sectionType":"section","heading":"Contents of emergency plan","content":"81 Contents of emergency plan\n(1) An emergency plan—\n(a) must specify a course of action to be undertaken by a person\nconducting an activity in the event of a specified kind of\nenvironmental emergency occurring in the conduct of that\nactivity; and\n(b) may specify a course of action to be undertaken to prepare for\nthe possible future occurrence of such an emergency; and\n(c) may specify a timetable for the implementation of any\npreparation requirements.\n(2) An emergency plan may address 1 or more environmental\nemergencies.\n\nEmergency plans Division 9.3\n","sortOrder":89},{"sectionNumber":"82","sectionType":"section","heading":"Authority may require emergency plan","content":"82 Authority may require emergency plan\n(1) The authority may, by written notice require a person conducting, or\nproposing to conduct, an activity to prepare and submit for approval\nto the authority a draft emergency plan in relation to the activity, if\nthe authority has reasonable grounds for believing that 1 or more\nspecified environmental emergencies may occur during the conduct\nof that activity.\n(2) A notice under subsection (1)—\n(a) must specify the grounds on which the draft emergency plan is\nrequired; and\n(b) must outline the facts and circumstances forming the basis for\nthe grounds; and\n(c) must specify the environmental emergencies that must be\naddressed in the draft plan; and\n(d) may specify that certain preparation requirements be included in\nthe draft plan; and\n(e) may require that the draft plan be prepared on the person’s\nbehalf by a person who holds specified qualifications; and\n(f) may require that specified inquiries be undertaken by that person\nbefore preparing the draft plan; and\n(g) must specify a date (not earlier than 20 working days after the\ndate of the notice) on or before which the person must submit\nthe draft plan to the authority; and\n(h) must specify—\n(i) the fee that must be paid when the draft plan is submitted;\nor\n\n(3) A person must not fail to comply with a notice under subsection (1).\n","sortOrder":90},{"sectionNumber":"84","sectionType":"section","heading":"Approval of emergency plan","content":"84 Approval of emergency plan\n(1) If the authority receives a draft emergency plan submitted in\ncompliance with—\n(a) a notice under section 82 (1); or\nthe authority must, within 20 working days of that receipt, by written\nnotice—\n(c) approve the draft plan and require the person who submitted the\nplan to implement any preparation requirements included in the\nplan as approved; or\n(d) reject the draft plan and require the person to—\n(i) amend the draft plan in accordance with any requirements\nspecified in the notice; and\n(ii) resubmit the draft plan to the authority.\n(2) If the authority requires a person to resubmit a draft plan under\nsubsection (1) (d), the authority must, by written notice to the person\nwithin 10 working days of receipt of the resubmitted draft plan—\n(a) approve the draft plan and require the person to implement any\npreparation requirements included in the plan as approved; or\n(b) reject the draft plan.\n(3) A person must not fail to comply with—\n(a) a notice under subsection (1) (c) or (2) (a) requiring the person\nto implement the preparation requirements included in the plan\napproved under that paragraph; or\n\n(b) a notice under subsection (1) (d) requiring the person to amend\nthe draft plan and resubmit it to the authority.\n","sortOrder":91},{"sectionNumber":"85","sectionType":"section","heading":"Authority may require financial assurance","content":"85 Authority may require financial assurance\n(1) The authority may, as a condition of an environmental authorisation,\nrequire the holder of the authorisation to provide a financial assurance\nto the authority if satisfied that the condition is justified having regard\nto—\n(a) the likelihood that the authorised activity will cause serious or\nmaterial environmental harm other than harm permitted by or\nunder this Act; and\n(b) the likelihood that action will need to be taken in the future to\nremedy the environmental harm described in paragraph (a); and\n(c) the environmental record of the holder of the authorisation; and\n(d) any other matter the authority considers relevant.\n(2) A financial assurance must be in the form of—\n(a) a bank guarantee; or\n(b) a bond; or\n(c) an insurance policy; or\n(d) another form of security that the authority considers appropriate.\n(3) The authority must not require financial assurance of an amount\ngreater than the total amount that the authority has reasonable\ngrounds for believing is likely to be needed to remedy the foreseeable\nenvironmental harm that could result from the conduct of the\nauthorised activity.\n\n(4) A financial assurance must be provided—\n(a) for the period specified in the authorisation; or\n(b) if no period is so specified, until—\n(i) the authorisation is varied to remove the condition\nrequiring the financial assurance; or\n(ii) the authorisation is cancelled under section 55 or\nsection 63 or is surrendered under section 66.\n","sortOrder":92},{"sectionNumber":"86","sectionType":"section","heading":"Show cause why financial assurance should not be","content":"86 Show cause why financial assurance should not be\nprovided\n(1) If the authority proposes to grant an environmental authorisation\nsubject to a condition requiring the provision of a financial assurance,\nthe authority must give the applicant written notice of its intention to\nimpose the condition.\n(a) specify the grounds on which the condition is proposed to be\nimposed; and\n(b) specify the amount and form of the financial assurance proposed\nto be required; and\n(c) invite the applicant to show cause why the condition should not\nbe imposed; and\n(d) specify the date, not earlier than 20 working days after the date\nof the notice, on or before which any representations under\nparagraph (c) are to be made.\n(3) Within 20 working days after the end of the period allowed under\nsubsection (2) (d) for representations, the authority must—\n(a) notify the applicant that the condition is or is not being imposed;\nand\n\n(b) if it is being imposed—specify in the notice the date, not earlier\nthan 10 working days after the date of the notice, on or before\nwhich the financial assurance must be provided.\n","sortOrder":93},{"sectionNumber":"87","sectionType":"section","heading":"Non-provision of financial assurance","content":"87 Non-provision of financial assurance\nIf a financial assurance required as a condition of an environmental\nauthorisation is not provided on or before the due date, the authority\nmust cancel the authorisation.\n","sortOrder":94},{"sectionNumber":"88","sectionType":"section","heading":"Claim on or realisation of financial assurance","content":"88 Claim on or realisation of financial assurance\n(1) This section applies if the authority incurs, or will incur, costs and\nexpenses in taking action to remedy serious or material environmental\nharm—\n(a) that was caused, or likely to be caused, by an authorised activity\nin relation to which a financial assurance has been provided; and\n(b) that is within the class of harm in relation to which the financial\nassurance may be claimed or realised; and\n(c) that was not permitted by or under this Act.\n(2) The authority may recover the reasonable costs and expenses of\ntaking the action by making a claim on or realising the financial\nassurance or part of it.\n","sortOrder":95},{"sectionNumber":"89","sectionType":"section","heading":"Notice before claim on or realisation of a financial","content":"89 Notice before claim on or realisation of a financial\nassurance\n(1) Before acting under section 88, the authority must give to the holder\nof the environmental authorisation in relation to which the financial\nassurance was provided, a written notice—\n(a) specifying the environmental harm caused, or likely to be\ncaused, by the authorised activity; and\n(b) giving details of the action taken, or to be taken, to remedy the\nenvironmental harm or likely environmental harm; and\n\n(c) specifying the amount of the financial assurance to be claimed\nor realised; and\n(d) inviting the holder of the authorisation to make a written\nrepresentation to the authority to show why the financial\nassurance should not be claimed or realised as proposed on or\nbefore a specified date (not earlier than 20 working days after\nthe date of the notice).\n(2) The authority must, within 20 working days after the date specified\nin the invitation under subsection (1) (d) and taking into account any\nrepresentations made in response to the invitation—\n(a) decide whether or not to make a claim on or realise the financial\nassurance or part of it; and\n(b) give the holder of the authorisation written notice of that\ndecision.\n","sortOrder":96},{"sectionNumber":"90","sectionType":"section","heading":"Recovery of extra costs","content":"90 Recovery of extra costs\n(1) If the amount recovered by the authority by a claim on or by realising\na financial assurance (the realised assurance) is less than the\nreasonable costs and expenses that the authority incurred or will incur\nin taking action to remedy the environmental harm caused, or likely\nto be caused, by the authorised activity (the reasonable costs and\nexpenses), the authority may give the holder of the environmental\nauthorisation written notice requiring the holder to pay the specified\namount, being the difference between the reasonable costs and\nexpenses and the realised assurance.\n(2) The notice must specify the date, not earlier than 20 working days\nafter the date of the notice, on or before which the specified amount\nis required to be paid.\n(3) If—\n(a) the authority has given a person a notice under subsection (1);\nand\n\n(b) the holder of the environmental authorisation has failed to pay\nthe specified amount on or before the specified date;\nso much of the specified amount as remains unpaid, together with\ninterest on the unpaid amount, is a debt due to the Territory by the\nholder.\n","sortOrder":97},{"sectionNumber":"91","sectionType":"section","heading":"Money held by Territory as financial assurance","content":"91 Money held by Territory as financial assurance\nIf an amount of money is held by the Territory as a financial\nassurance or part of a financial assurance, the following provisions\napply:\n(a) interest accrues on so much of that original amount as from time\nto time remains unclaimed by the authority under section 89;\n(b) for the purposes of any claim the authority may make under\nsection 89, the financial assurance is taken to include any\naccrued interest other than interest to which the holder of the\nauthorisation is entitled to be paid under paragraph (c);\n(c) during the period the financial assurance is required, on each\nanniversary of the payment of the original amount, the holder of\nthe authorisation is entitled to be paid by the Territory so much\nof the interest that accrued during the year that ended on the day\nbefore that anniversary as remains unclaimed by the authority\nunder section 89;\n(d) when—\n(i) the financial assurance is no longer required by the\nauthority; or\n\n(ii) the environmental authorisation is cancelled under\nsection 55 or section 63 or is surrendered under section 66;\nso much of the original amount and accrued interest as remains\nunclaimed by the authority under section 89 must be paid by the\nTerritory to the holder of the authorisation.\nNote A rate of interest may be determined under s 165 for par (a).\n","sortOrder":98},{"sectionNumber":"91A","sectionType":"section","heading":"Definitions for div 9.5","content":"91A Definitions for div 9.5\n(1) In this division:\napproved use, in relation to land, means use—\n(a) that is consistent with the national capital plan or the\nterritory plan, as the case requires; and\n(b) for leased land—that is permitted by the lease.\nnational environment protection measure means a national\nenvironment protection measure made under the National\nEnvironment Protection Council Act 1994, section 13 (1) as in force\nfrom time to time.\nsubstance includes matter or thing.\n(2) For this division, an environmental audit for assessment or\nremediation of contaminated land is an audit by an auditor—\n(a) that relates to an assessment or remediation carried out (whether\nunder this Act or otherwise) in relation to actual or possible\ncontamination of land; and\n(b) that is conducted for the purposes of deciding 1 or more of the\n(i) the nature and extent of the assessment or remediation\nundertaken;\n\n(ii) the nature and extent of any contamination or remaining\ncontamination of the land;\n(iii) if the land is suitable for a specified use or range of uses,\nhaving regard to any contamination or remaining\ncontamination of the land;\n(iv) what further assessment or remediation is necessary before\nthe land is suitable for any specified use or range of uses;\n(v) the appropriateness of any remediation plan, long-term\nmanagement plan, assessment proposal or remediation\nproposal.\n","sortOrder":99},{"sectionNumber":"91B","sectionType":"section","heading":"Assessment of risk of harm","content":"91B Assessment of risk of harm\n(1) For this division, to assess whether land is contaminated with 1 or\nmore substances in such a way as to present, or to be likely to present\na significant risk of harm to human health, or a risk of material\nenvironmental harm or serious environmental harm, the authority\nmust include a consideration of all of the following matters in the\nassessment:\n(a) whether the contamination of the land has already caused harm;\n(b) whether the substances are toxic, persistent or bioaccumulative\nor are present in large quantities or high concentrations or occur\nin combinations;\n(c) whether there are routes by which the substances may proceed\nfrom the source of the contamination to human beings or other\naspects of the environment;\n(d) whether the uses to which the land and land adjoining it are\ncurrently being put are such as to increase the risk of harm;\n(e) whether the use of the land and land adjoining it, being a use\npermitted by the lease to which the land is subject, is such as to\nincrease the risk of harm;\n\n(f) whether the substances have migrated or are likely to migrate\nfrom the land (whether because of the nature of the substances\nor the nature of the land);\n(g) any environment protection policy made by the authority on\ncontamination and remediation;\n(h) any relevant national environment protection measure.\n(2) Subject to subsection (3), land may be regarded at any particular time\nas being contaminated in such a way as to present a significant risk of\nharm even if the harm could come into existence only in certain\ncircumstances of occupation or use of the land and those\ncircumstances do not exist at that time.\n(3) Land must be regarded in the way mentioned in subsection (2), if the\ncircumstances are reasonably foreseeable, and consistent with the\napproved use of the land, at that time.\n","sortOrder":100},{"sectionNumber":"91C","sectionType":"section","heading":"Order to assess whether land contaminated","content":"91C Order to assess whether land contaminated\n(1) If the authority has reasonable grounds for believing that land is\ncontaminated in such a way as to cause, or be likely to cause, either a\nsignificant risk of harm to human health or a significant risk of\nmaterial environmental harm or serious environmental harm, or both,\nthe authority may—\n(a) by written notice served on the appropriate person, order the\nappropriate person to conduct an assessment of the land; or\n(b) itself conduct the assessment.\n(2) An order under subsection (1) must —\n(b) specify—\n(i) the person to whom the order relates; and\n\n(ii) the land to which the order relates; and\n(iii) the period within which the assessment is to be conducted;\nand\n(iv) the nature of the contamination that the authority has\nreasonable grounds for believing is causing, or is likely to\ncause, a significant risk of harm to human health or a\nenvironmental harm; and\n(v) the action that the person subject to the order must take in\nassessing and reporting; and\n(vi) any other requirements the authority considers appropriate\nhaving regard to the nature and extent of the contamination\nand the physical attributes of the land.\n(3) The action that may be required to be taken under\nsubsection (2) (b) (vi) includes, but is not limited to, the following:\n(a) that the person serve notice of the order on the occupiers of land\naccess to which is necessary for the person to carry out the\nassessment and, if an occupier is not the lessee of that land, serve\nnotice on the lessee;\n(b) that the person make progress reports to the authority on the\nassessment;\n(c) that the person advertise and conduct meetings to give progress\nreports to the public, and to receive public comment, on the\nassessment.\n(4) A person to whom an order is given under subsection (1) must—\n(a) conduct the assessment—\n(i) within the period specified in an order under\n\n(ii) in accordance with the prescribed standards and procedures\nfor carrying out an assessment, including standards and\nprocedures specified in a relevant national environment\nprotection measure; and\n(iii) otherwise in accordance with the terms of the order; and\n(b) commission an environmental audit of the assessment by an\nauditor approved under section 75.\n(5) In preparing a report of an audit for this section, the auditor\ncommissioned to conduct the audit of the assessment must have\nregard to—\n(b) the permitted and approved uses of the land to which the\nassessment relates; and\n(c) the degree or extent of contamination; and\n(d) any relevant environmental protection policies; and\n(e) any relevant national environment protection measures.\n(6) For subsection (4) (b), the person to whom the order is given must\nsubmit the name of an auditor to the authority for approval within 10\nworking days of the date of the order.\n(7) Despite section 75, the authority must not approve an auditor for this\nsection unless the auditor meets the prescribed criteria.\n(8) A person who, without reasonable excuse, contravenes subsection (4)\ncommits an offence.\n\n","sortOrder":101},{"sectionNumber":"91D","sectionType":"section","heading":"Order to remediate land","content":"91D Order to remediate land\n(1) If the authority has reasonable grounds for believing that the land to\nwhich the audit relates is contaminated in such a way as to cause, or\nbe likely to cause, either a significant risk of harm to human health or\na significant risk of material environmental harm or serious\nenvironmental harm, or both, the authority may—\n(a) by written notice served on an appropriate person, order the\nappropriate person to remediate the land; or\n(b) itself conduct the remediation.\n(2) An order under subsection (1) must —\n(b) specify—\n(i) the person or people to whom the order relates; and\n(ii) the land to which the order relates; and\n(iii) the period within which the remediation is to be conducted;\nand\n(iv) the nature of the contamination that the authority has\nreasonable grounds for believing is causing, or is likely to\ncause, a significant risk of harm to human health or a\nenvironmental harm; and\n(v) the action that the person subject to the order must take in\nremediating and reporting; and\n(vi) any other requirements the authority considers appropriate\nhaving regard to the nature and extent of the contamination\nand the physical attributes of the land.\n\n(3) The action that may be required to be taken under\nsubsection (2) (b) (vi) includes, but is not limited to, the following\nactions:\n(a) that the person serve notice of the order on the occupiers of land\naccess to which is necessary for the person to carry out the\nremediation and, if an occupier is not—\n(i) the lessee of the land—serve notice on the lessee; or\n(ii) for land under a land sublease, the sublessee—serve notice\non the sublessee;\n(b) that the person make progress reports to the authority on the\nremediation;\n(c) that the person advertise and conduct meetings to give progress\nreports to the public, and to receive public comment, on the\nremediation.\n(4) A person to whom an order is given under subsection (1) must—\n(a) conduct the remediation—\n(i) within the period specified in an order under\n(ii) in accordance with the prescribed standards and procedures\nfor carrying out remediation, including standards and\nprocedures specified in a relevant national environment\nprotection measure; and\n(iii) otherwise in accordance with the terms of the order; and\n(b) commission an environmental audit of the remediation by an\nauditor approved under section 75.\n(5) In preparing a report of an audit for this section, the auditor\ncommissioned to conduct the audit of the remediation must have\nregard to—\n\n(b) the permitted and approved uses of the land to which the\nremediation relates; and\n(c) the degree or extent of contamination; and\n(d) any relevant environmental protection policies; and\n(e) any relevant national environment protection measures.\n(6) For subsection (4) (b), the person to whom the order is given must\nsubmit the name of an auditor to the authority for approval within\n10 working days of the date of the order.\n(7) Despite section 75, the authority must not approve an auditor for this\nsection unless the auditor meets the prescribed criteria.\n(8) The lessee (or for land under a land sublease, the sublessee) of land\nto whom an order is given under subsection (1) must not, without the\nconsent of the authority, transfer or sublet the land while the order is\nin force.\n(9) A person who, without reasonable excuse, contravenes subsection (4)\ncommits an offence.\n","sortOrder":102},{"sectionNumber":"91E","sectionType":"section","heading":"Notification of certain people about orders for","content":"91E Notification of certain people about orders for\nassessment or remediation\n(1) The authority must, by written notice, notify the relevant person in\nrelation to land adjacent to land to which section 91C (1) or\nsection 91D (1) relates—\n(a) that notice of an assessment or remediation of the land has been\ngiven to the appropriate person; or\n(b) that the authority is carrying out the requirements of an\nassessment order or remediation order in relation to the land.\n\n(a) invite the person to whom notice is given to make written\nsubmissions to the authority within 21 days beginning the day\nafter the day the person received the notice; and\n(b) state the places where a copy of any of the following documents\nis available to the public:\n(i) a report of the outcome of an assessment under\nsection 91C (1);\n(ii) a progress report on the assessment under section 91C (3);\n(iii) an assessment under section 91C (4) (a);\n(iv) an audit under section 91C (4) (b);\n(v) a report of the outcome of an assessment under\nsection 91D (1);\n(vi) a progress report on the assessment under section 91D (3);\n(vii) an audit under section 91C (4) (b).\n(a) the occupier of the land; and\n(b) if the occupier is not the lessee—the lessee; and\n\n","sortOrder":103},{"sectionNumber":"91F","sectionType":"section","heading":"Certain documents to be available free of charge","content":"91F Certain documents to be available free of charge\nThe authority must—\n(a) make a document mentioned in section 91E (2) (b) available to\nthe public without charge by—\n(i) making it accessible on an ACT government website, or by\na link on an ACT government website; or\n(ii) making it available for inspection during ordinary business\nhours at an ACT government office; and\n(b) on request by a person, give the person a copy of the document\nwithout charge.\n","sortOrder":104},{"sectionNumber":"91G","sectionType":"section","heading":"Extension of time","content":"91G Extension of time\n(1) The authority may, on written application by a person on whom an\norder is served under section 91C (1) or section 91D (1) for an\nextension of the period within which the person must conduct an\nassessment or remediation—\n(a) extend or refuse to extend the period; or\n(b) extend the period for a period less than that applied for.\n(2) In deciding whether or not to extend the period, the authority must\nhave regard to—\n(a) the period of extension for which application is made; and\n(b) whether the contamination is causing, or is likely to cause, a\nsignificant risk of harm to human health or a risk of material\nenvironmental harm or serious environmental harm.\n\n","sortOrder":105},{"sectionNumber":"91H","sectionType":"section","heading":"Further information","content":"91H Further information\nFor section 91C and section 91D, the authority may, by written\nnotice, require an auditor to give to the authority, either orally or in\nwriting, the further information relating to an assessment or\nremediation that is specified in the notice.\n","sortOrder":106},{"sectionNumber":"91I","sectionType":"section","heading":"Choice of appropriate person","content":"91I Choice of appropriate person\n(1) For section 91C (1) and section 91D (1), an appropriate person must\nbe chosen from among the following people in the following order:\n(a) a person who had principal responsibility for the contamination\nof the land with the substance (whether or not there were other\npeople who had responsibility for the contamination of the land\nwith the substance) or, if that is not practicable, the person\nreferred to in paragraph (b);\n(b) either—\n(i) a lessee of the land (whether or not the person had any\nresponsibility for the contamination of the land with the\nsubstance) or if that is not practicable, the person\nmentioned in paragraph (c); or\n(ii) if the land is land under a land sublease—the sublessee of\nthe land (whether or not the person had any responsibility\nfor the contamination of the land with the substance) or if\nthat is not practicable, the following people in the\nfollowing order:\n(A) the sublessor of the land (whether or not the person\nhad any responsibility for the contamination of the\nland with the substance);\n(B) the person mentioned in paragraph (c);\nNote A sublessor, under a land sublease, is the lessee under the\nCrown lease under which the sublease is granted\n\n(c) a notional lessee of the land (whether or not the person had any\nresponsibility for the contamination of the land with the\nsubstance).\n(2) If there is more than 1 person in the category of appropriate person\nspecified in subsection (1), the authority may, but is not required to,\nmake more than 1 person in the category the subject of the order.\n(3) For this section, the choice of a person is to be regarded as not\npracticable if—\n(a) the authority cannot, after reasonable inquiry, ascertain the\nidentity or location of the person; or\n(b) in the opinion of the authority, the person does not have the\nresources to comply with the order.\n(4) In this section:\nfinancial controller means a receiver, manager or other person who\nhas possession or control of land for the purpose of realising part or\nall of the value of the land to discharge an obligation secured over the\nland.\nnotional lessee, in relation to land—\n(a) means a person who has vested rights in relation to the land\n(i) carry an entitlement to have the lease (or land sublease)\ntransferred to the person; or\n(ii) enable the person to dispose of or otherwise deal with the\nland;\nso that the person is able to benefit from the value of the lease\n(or land sublease), or a substantial part of it, by the transfer,\ndisposal or dealing; and\n(b) includes a mortgagee in possession of the land the subject of the\nlease (or land sublease); but\n\n(c) does not include—\n(i) a person having security over the lease (or land sublease);\nor\n(ii) a person who is a legal personal representative of a person\nwho was the lessee (or for land under a land sublease, the\nsublessee) of the land immediately before the appointment\nof the representative took effect or who was a lessee\n(or sublessee) of the land immediately before the lessee’s\n(or sublessee’s) death; or\n(iii) the public trustee and guardian because of the operation of\nthe Public Trustee and Guardian Act 1985, section 19; or\n(iv) a person who would otherwise be a notional lessee if—\n(A) the person has some security of the lease (or land\nsublease); and\n(B) the person, or a financial controller appointed by the\nperson, has entered into a contract to sell the land for\nthe purpose of realising all or part of the value of the\nland to discharge an obligation so secured.\n","sortOrder":107},{"sectionNumber":"91J","sectionType":"section","heading":"Meaning of assessment order and remediation order—","content":"91J Meaning of assessment order and remediation order—\npt 9\nassessment order means an order under section 91C (1).\nremediation order means an order under section 91D (1).\n\n","sortOrder":108},{"sectionNumber":"91K","sectionType":"section","heading":"Recovery of costs associated with assessment or","content":"91K Recovery of costs associated with assessment or\nremediation\n(1) If the authority takes action under section 91C (1) (b) or\nsection 91D (1) (b), the authority may, by written notice, require an\nappropriate person against whom an order under that section may be\nmade, to pay to the authority the reasonable costs and expenses\nincurred by it in taking that action.\n(2) The notice must specify the date, not earlier than 20 working days\nafter the date of the notice, on or before which the amount is to be\npaid.\n(3) If—\n(a) the authority has given a person a notice under subsection (2);\nand\n(b) the person has failed to pay the specified amount on or before\nthe specified date;\nso much of the amount as remains unpaid, together with interest on\nthe unpaid amount, is a debt due to the Territory by that person.\n","sortOrder":109},{"sectionNumber":"91L","sectionType":"section","heading":"Priority for costs if owner insolvent","content":"91L Priority for costs if owner insolvent\nIf the authority carries out the requirements of an assessment order or\nremediation order in relation to land disclaimed (by a liquidator or\ntrustee in bankruptcy) as onerous property in the course of\nproceedings for winding up or bankruptcy, the authority may recover\nthe cost of carrying out the order together with a rate of interest and\nreasonable costs and expenses so incurred, in priority to any holder\nof security over the land.\nNote A rate of interest may be determined under s 165 for this section.\n\n","sortOrder":110},{"sectionNumber":"91M","sectionType":"section","heading":"Recovery of costs—assessment and remediation","content":"91M Recovery of costs—assessment and remediation\n(1) A person who carries out the requirements of an assessment or\nremediation under division 9.5 in relation to the contamination of land\nwith a substance who was not responsible for the contamination, may\nrecover in a court of competent jurisdiction a part of the person’s costs\nin carrying out those requirements from each person who did have the\nresponsibility.\n(2) A person who carries out the requirements of an assessment or\nremediation under division 9.5 in relation to the contamination of land\nwith a substance who was responsible for the contamination, may\nrecover in a court of competent jurisdiction from each other person\nwho had responsibility for the contamination a part of the first\nperson’s costs in carrying out those requirements.\n(3) A reference in subsections (1) and (2) to the recovery of a part of a\nperson’s costs is a reference to the recovery of a part of the costs that\nis just and reasonable in the circumstances including the following\ncircumstances:\n(a) the proportion of responsibility of each person for the\ncontamination;\n(b) the reasonable cost of the remediation (if any) carried out by\neach person in relation to the contamination.\n","sortOrder":111},{"sectionNumber":"91N","sectionType":"section","heading":"Costs—person responsible for contamination","content":"91N Costs—person responsible for contamination\nIn any proceedings under section 91M to recover from a person the\ncost of carrying out an assessment order or remediation order in\nrelation to any land, the person is taken to have responsibility for\ncontamination on that land, unless it is established that the\ncontamination was not caused by the person, if—\n(a) the person carried on activities on the land; and\n\n(b) activities of the kind carried on generate or consume the same\nsubstances as those that caused the contamination or generate or\nconsume substances that may be converted by reacting with\neach other or by the action of natural processes on the land into\nsubstances that are the same as those that caused the\ncontamination.\n","sortOrder":112},{"sectionNumber":"91O","sectionType":"section","heading":"Liability for losses","content":"91O Liability for losses\n(1) A person who, with the permission of the occupier of land, enters any\nland, or does anything else on land, as required by an assessment\norder or remediation order, is liable to the occupier of the land for any\nloss suffered by the occupier as a result of the entry or other actions\n(including any loss suffered by the occupier because of the\ninterruption to the occupier’s business on that land by that entry or\nthose actions).\n(2) A person (other than the lessee of land) who, with the permission of\nthe occupier, enters the land or does anything else on the land, as\nrequired by an assessment order or remediation order, is liable to the\nlessee of the land for any loss suffered by the lessee as a result of the\nentry or those actions or for any injury to the land caused by that\nperson.\n(3) In addition to any liability that a person may have under\nsubsection (1) or (2), the person has a duty to meet the reasonable\ncosts and expenses of the lessee and the occupier of land, as the case\nrequires, in providing access to that land as mentioned in this section.\n(4) A person has a duty—\n(a) to take reasonable steps—\n(i) to minimise the loss, and injury, mentioned in this section\ncaused by the person’s actions; and\n(ii) toward restitution in relation to that loss or injury; and\n\n(b) to compensate the party that suffered the loss, or injury, for\nwhich the person is liable to the extent that restitution is not\npracticable.\n(5) For this section, if land is land under a land sublease, lessee means\nthe sublessor and sublessee.\nNote A sublessor, under a land sublease, is the lessee under the Crown lease\nunder which the sublease is granted\n","sortOrder":113},{"sectionNumber":"91P","sectionType":"section","heading":"Director of body corporate that is wound up","content":"91P Director of body corporate that is wound up\n(1) The Supreme Court may make an order under this section only if\nsatisfied, on an application by the authority, that—\nmanagement of, the body corporate at the time when the\nassessment order or remediation order was made; and\n(b) there is reason to believe that the body corporate was wound up\nas part of a scheme to avoid compliance with the assessment\norder or remediation order.\n(2) The Supreme Court may order a person to comply with an assessment\norder or remediation order at the person’s own expense if the person\nwas a director of, or a person concerned in the management of, a body\ncorporate that—\n(a) has been wound up within 2 years before the court’s order is\n(b) has failed to comply with the assessment order or remediation\norder.\n(3) There is reason for belief of the kind mentioned in subsection (1) (b)\nif—\n(a) the body corporate carried out 1 or more transactions—\n(i) that were voidable because of the Corporations Act,\nsection 588FE; or\n\n(ii) that were such that the liquidator of the body corporate had\na right to recovery of cash under the Corporations Act,\nsection 567; or\n(iii) by which the body corporate incurred a debt in relation to\nwhich a person contravened the Corporations Act,\nsection 588G; and\n(b) there was (at the time or times when the body corporate entered\nthose transactions or a substantial part of them) reason to believe\nthat the land was contaminated; and\n(c) if a regulation made for this section applies—the prescribed\nconditions are satisfied.\n(4) The Supreme Court must not make an order under this section if the\nperson against whom the order would be made satisfies the court\n(a) the person exercised due diligence to prevent the body corporate\nfrom avoiding compliance with the assessment order or\n(b) the person could not reasonably have been expected to be aware\nof a scheme to avoid compliance with the assessment order or\n(c) the person was not in a position to influence the conduct of the\nbody corporate in relation to that scheme.\n(5) The fact that the relevant assessment order or remediation order was\npartially complied with by the body corporate does not exclude the\npossibility that there is reason to form the belief mentioned in\nsubsection (3).\n\n(6) For this section, the fact that steps are taken to windup a body\ncorporate before the authority makes an assessment order or\nremediation order in relation to the body corporate does not preclude\nthe Supreme Court from finding that there is reason to believe that the\nbody corporate was wound up as part of a scheme to avoid\ncompliance with the order.\n","sortOrder":114},{"sectionNumber":"91Q","sectionType":"section","heading":"Director of body corporate that disposed of land","content":"91Q Director of body corporate that disposed of land\n(1) The Supreme Court may order a person to comply with an assessment\norder or remediation order at the person’s own expense if—\nmanagement of, a body corporate that transferred land within\n2 years before the court’s order is made; and\n(b) the transferee has failed to comply with the assessment order or\nremediation order in relation to the land.\n(2) The person must comply with the assessment order or remediation\norder, subject to any modification by the Supreme Court.\n(3) The Supreme Court may make an order under this section only if\nsatisfied, on an application by the authority that—\nmanagement of, the body corporate at the time of the transfer of\nthe land or at the time when the assessment order or remediation\norder was made in relation to the transferee; and\n(b) there is reason to believe that the body corporate transferred the\nland as part of a scheme to avoid having itself to carry out\nassessment or remediation of the land (whether or not an\nassessment order or remediation order had been made in relation\nto the body corporate).\n\n(4) There is reason for belief of the kind mentioned in subsection (3) (b)\nif, at the time or times when the body corporate entered into 1 or more\ntransactions, or a substantial part of the transactions, for the transfer\nof the land—\n(a) there was reason to believe that the land was contaminated; and\n(b) the transferee was another body corporate that was related to the\nfirst body corporate (within the meaning of the Corporations\nAct); and\n(c) the first body corporate had reason to believe that the transferee\nwas unable to pay its debts or would, if it took steps to remediate\nthe land (to the extent that a reasonable person would have\nexpected, at the time or times, would be necessary), become\nunable to pay its debts.\n(5) The Supreme Court must not make an order under this section if the\nperson against whom the order would be made satisfies the court\n(a) the person exercised due diligence to prevent the body corporate\nfrom avoiding compliance with the assessment order or\n(b) the person could not reasonably have been expected to be aware\nof a scheme to avoid compliance with the assessment order or\n(c) the person was not in a position to influence the conduct of the\nbody corporate in relation to that scheme.\n(6) The fact that the relevant order was partially complied with by the\ntransferee does not exclude the possibility that there is reason to form\nthe belief mentioned in subsection (3).\n\n","sortOrder":115},{"sectionNumber":"91R","sectionType":"section","heading":"Holding company of body corporate that is wound up","content":"91R Holding company of body corporate that is wound up\n(1) The Supreme Court may order a corporation to comply with an\nassessment order or remediation order at the corporation’s own\nexpense if the corporation was the holding company of a company\n(a) has been wound up within 2 years before the court’s order is\n(b) has failed to comply with the assessment order or remediation\norder.\n(2) The corporation must comply with the assessment order or\nremediation order, subject to any modification by the Supreme Court.\n(3) The Supreme Court may make an order under this section only if\nsatisfied, on an application by the authority, that—\n(a) the corporation was the holding company of the other company\nat the time when the assessment order or remediation order was\n(b) there is reason to believe that the other company was wound up\nas part of a scheme to avoid compliance with the assessment\norder or remediation order.\n(4) There is reason for belief of the kind mentioned in subsection (3) (b)\nif—\n(a) the corporation contravened the Corporations Act, section 588V\nin relation to the other company; and\n(b) there was (at the time or times when the contravention\nhappened) reason to believe that the land was contaminated; and\n(c) if a regulation made for this section applies—the prescribed\nconditions are satisfied.\n\n(5) Despite subsection (4), there is reason for belief of the kind mentioned\nin subsection (3) (b) also if—\n(a) the other company carried out 1 or more transactions—\n(i) that were voidable because of the Corporations Act,\nsection 588FE; or\n(ii) that were such that the liquidator of the other company had\na right to recovery of cash under the Corporations Act,\nsection 567; or\n(iii) by which the other company incurred a debt in relation to\nwhich a person contravened the Corporations Act,\nsection 588G; and\n(b) there was (at the time or times when the other company entered\nthose transactions or a substantial part of them) reason to believe\nthat the land was contaminated.\n(6) The fact that the relevant assessment order or remediation order was\npartially complied with by the other company does not exclude the\npossibility that there is reason to form the belief mentioned in\nsubsection (3).\n(7) For this section, the fact that steps are taken to wind up a company\nbefore the authority makes an assessment order or remediation order\nin relation to the company does not preclude the Supreme Court from\nfinding that there is reason to believe that the company was wound\nup as part of a scheme to avoid compliance with the order.\n\n","sortOrder":116},{"sectionNumber":"92","sectionType":"section","heading":"Fuel sales—provision of information","content":"92 Fuel sales—provision of information\n(1) The occupier of a service station (the occupier) must, not later than\n30 September, give the director-general details (the fuel information)\nof the amount of each kind of liquid fuel sold at the service station in\nthe year ending on the preceding 30 June.\n(2) The occupier must also give the director-general any further\ninformation reasonably required by the director-general to verify the\nfuel information.\n(3) If the occupier fails to comply with subsection (1) or (2), the\ndirector-general may, in writing, require the occupier to do so by a\nstated day.\n(4) The occupier commits an offence if the occupier fails to comply with\na requirement under subsection (3).\n(5) An offence against subsection (4) is a strict liability offence.\noccupier, in relation to a service station, means a person who carries\non the business of a service station.\nservice station means any place where unpackaged liquid fuel is\noffered for sale by retail.\n","sortOrder":117},{"sectionNumber":"92A","sectionType":"section","heading":"Confidential commercial information must not be","content":"92A Confidential commercial information must not be\ndisclosed\n(1) This section applies to information given to the director-general under\nsection 92.\n\nFuel sales information Part 9A\n(2) A person commits an offence if—\n(a) the person discloses confidential commercial information that\nthe person has only because of exercising a function under this\nAct; and\n(b) the person knows that the information is confidential\ncommercial information; and\n(c) the disclosure is not—\n(i) to the Territory or a Territory agency; or\n(ii) by order of a court; or\n(iii) with the consent of each person to whom the information\nhas a commercial or other value.\n(3) A person commits an offence if—\n(a) the person discloses confidential commercial information that\nthe person has only because of a disclosure permitted under\nsubsection (2); and\n(b) the person knows that the information is confidential\ncommercial information; and\n(c) the disclosure is not—\n(i) to the Territory or a Territory agency; or\n(ii) by order of a court; or\n(iii) with the consent of each person to whom the information\nhas a commercial or other value.\n\n(4) In this section:\nconfidential commercial information means—\n(a) information that has a commercial or other value that would be,\nor could reasonably be expected to be, destroyed or diminished\nif the information were disclosed; or\n(b) other information that—\n(i) concerns the lawful commercial or financial affairs of a\nperson or undertaking; and\n(ii) if it were disclosed, could unreasonably affect the person\nor undertaking.\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\nTerritory agency means—\n(a) a Minister; or\n(b) an administrative unit; or\n(c) a territory instrumentality; or\n(d) a corporation established for a public purpose under a Territory\nAct.\n\nFunctions of the Minister Part 10\n","sortOrder":118},{"sectionNumber":"92B","sectionType":"section","heading":"Definitions—pt 10","content":"92B Definitions—pt 10\nenvironmental impact statement (or EIS)—see the Planning\nAct 2023, section 94 (c).\ninquiry—see the Planning Act 2023, dictionary.\n","sortOrder":119},{"sectionNumber":"93","sectionType":"section","heading":"Directions of Minister","content":"93 Directions of Minister\n(1) The authority must exercise the functions of the authority in\naccordance with any directions of the Minister under this section.\n(2) The Minister must not give a direction to the authority in relation to\na matter under—\n(a) part 11 (Powers of authorised officers); or\n(b) part 12 (Powers of analysts); or\n(c) part 13 (Enforcement); or\n(d) part 14 (Notification and review of decisions); or\n(e) part 14A (Enforceable undertakings).\n(3) A direction is a disallowable instrument.\n","sortOrder":120},{"sectionNumber":"94","sectionType":"section","heading":"Environmental impact statements and inquiries","content":"94 Environmental impact statements and inquiries\n(1) This section applies in relation to an application for an environmental\nauthorisation in relation to an activity.\n(2) At the authority’s request, or on the Minister’s own initiative, the\nMinister may—\n(a) direct that an EIS be prepared in relation to the possible\nenvironmental impact of the activity; and\n\n(b) after the EIS is given to the Minister—establish a panel to\nconduct an inquiry into the activity.\n(3) For subsection (2)—\n(a) the Minister must not direct that an EIS be prepared or establish\na panel unless satisfied that the activity is not the subject of a\ndevelopment application under the Planning Act 2023; and\n(b) the authority must not make a request unless the authority—\n(i) is satisfied that the activity is not the subject of a\ndevelopment application under the Planning Act 2023; and\n(ii) has reasonable grounds for believing the activity has the\npotential to cause serious or material environmental harm.\n(4) The Minister must give the authority a copy of—\n(a) any EIS prepared as directed under subsection (2) (a); and\n(b) the report of any inquiry panel established under\nsubsection (2) (b).\n","sortOrder":121},{"sectionNumber":"94A","sectionType":"section","heading":"Application of Planning Act 2023, pt 6.3","content":"94A Application of Planning Act 2023, pt 6.3\n(1) The Planning Act 2023, part 6.3 applies to an EIS prepared in\naccordance with a direction under section 94 (2) (a) as if—\n(a) a reference to a development proposal were a reference to an\nactivity; and\n(b) a reference to the Minister were a reference to the Minister\nadministering section 94; and\n(c) a reference to the territory planning authority were a reference\nto the authority; and\n(d) any other necessary changes, and any change prescribed by\nregulation, were made.\n\nFunctions of the Minister Part 10\n(2) The Planning Act 2023, division 6.3.9 applies to an inquiry panel\nestablished under section 94 (2) (b) as if—\n(a) a reference to the Minister were a reference to the Minister\nadministering section 94; and\n(b) a reference to the territory planning authority were a reference\nto the authority; and\n(c) any other necessary changes, and any change prescribed by\nregulation, were made.\n\n","sortOrder":122},{"sectionNumber":"95","sectionType":"section","heading":"Definitions—pt 11","content":"95 Definitions—pt 11\nconnected—a thing is connected with a particular offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will afford evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, for the\npurpose of committing the offence.\nenter includes board.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be committed.\npremises includes vacant land, vehicles, vessels and aircraft.\nresidential premises means premises used exclusively or primarily\nfor residential purposes, and includes a private room in, but not any\nother part of, a motel, hotel, hostel or guesthouse.\n","sortOrder":123},{"sectionNumber":"96","sectionType":"section","heading":"Entry of premises—routine inspections","content":"96 Entry of premises—routine inspections\n(1) For the purposes of ascertaining whether this Act is being complied\nwith, an authorised officer may enter—\n(a) premises (other than residential premises) at any reasonable\ntime; or\n(b) any premises with the consent (obtained under section 103) of\nthe occupier or a person apparently in charge of the premises.\n\n(2) An authorised officer may enter premises under subsection (1) with\nthe assistance that is necessary and reasonable.\n","sortOrder":124},{"sectionNumber":"97","sectionType":"section","heading":"Entry of premises—search warrants","content":"97 Entry of premises—search warrants\n(1) If an authorised officer has reasonable grounds for suspecting that\nthere may be on any premises a thing of a particular kind connected\nwith a particular offence against this Act, the authorised officer may\nenter premises under a search warrant under section 104.\n(2) An authorised officer may enter premises under subsection (1) with\nthe assistance and by the force that is necessary and reasonable.\n(3) A police officer may, if called on by an authorised officer to do so,\nassist the authorised officer in the execution of a search warrant.\n","sortOrder":125},{"sectionNumber":"98","sectionType":"section","heading":"Identity cards must be produced","content":"98 Identity cards must be produced\nAn authorised officer who enters premises under section 96 (1) or\nsection 97 (1) is not authorised to remain on the premises if, on\nrequest by the occupier or a person apparently in charge of the\npremises, the officer does not produce the officer’s identity card.\n","sortOrder":126},{"sectionNumber":"99","sectionType":"section","heading":"Inspection of premises—routine inspections","content":"99 Inspection of premises—routine inspections\nAn authorised officer who enters premises under section 96 (1) may\ndo any of the following in relation to the premises or anything on the\npremises:\n(a) inspect or examine;\n(b) take measurements or conduct tests;\n(c) take samples for analysis;\n(d) examine records or documents relating to the operation of\nequipment and the operational processes carried out on those\npremises;\n(e) take photographs, films, or audio, video or other recordings.\n\n","sortOrder":127},{"sectionNumber":"100","sectionType":"section","heading":"Inspection of premises—search warrant","content":"100 Inspection of premises—search warrant\n(1) Subject to section 101, an authorised officer who enters premises\nunder section 97 (1) may do any of the following in relation to the\npremises or anything on the premises:\n(a) inspect or examine;\n(b) take measurements or conduct tests;\n(c) take samples for analysis;\n(d) take photographs, films, or audio, video or other recordings;\n(e) for a thing—subject to section 108, seize the thing;\n(f) if the thing is a document—take copies of, or extracts from, the\ndocument.\n(2) An authorised officer who enters premises under section 97 (1) may\nrequire the occupier or a person on the premises to do any of the\n(a) answer questions or give information;\n(b) make available any record or other document kept on the\npremises;\n(c) provide reasonable assistance to the officer in relation to the\nexercise of the officer’s powers under subsection (1).\n","sortOrder":128},{"sectionNumber":"101","sectionType":"section","heading":"Routine inspections—serious and urgent circumstances","content":"101 Routine inspections—serious and urgent circumstances\n(1) An authorised officer who enters premises under section 96 (Entry of\npremises—routine inspections) may, if satisfied on reasonable\ngrounds that it is necessary to do so because of urgent and serious\ncircumstances, require the occupier or a person on the premises to do\nany of the following:\n(a) answer questions;\n(b) give information;\n\n(c) make available to the authorised officer any record or document\nkept on the premises;\n(d) provide reasonable assistance to the authorised officer in\nrelation to the exercise of the authorised officer’s functions.\n(2) The power to act under subsection (1)—\n(a) may be exercised even though the officer entered the premises\nwithout a warrant; and\n(b) is in addition to any other power of the officer.\n","sortOrder":129},{"sectionNumber":"103","sectionType":"section","heading":"Consent to entry","content":"103 Consent to entry\n(1) Before obtaining the consent of a person for section 96 (1) (b), an\nauthorised officer must—\n(a) produce the officer’s identity card; and\n(b) inform the person that the person may refuse to give consent.\n(2) If an authorised officer obtains the consent of a person for\nsection 96 (1) (b), the officer must ask the person to sign a written\nacknowledgment of—\n(a) the fact that the person has been informed that the person may\nrefuse to give consent; and\n(b) the fact that the person has voluntarily given consent; and\n(c) the day and time when the consent was given.\n(3) An entry by an authorised officer because of a person’s consent is not\nlawful unless the consent was voluntary.\n(4) If—\n(a) it is material, in any proceedings, for a court to be satisfied that\nthe consent of a person for section 96 (1) (b) was voluntary; and\n\n(b) an acknowledgment, in accordance with subsection (2), signed\nby the person is not produced in evidence;\nthe court must assume, unless the contrary intention is proved, that\nthe consent was not voluntary.\n","sortOrder":130},{"sectionNumber":"104","sectionType":"section","heading":"Search warrants","content":"104 Search warrants\n(1) If—\n(a) an information is laid before a magistrate alleging that an\nauthorised officer has reasonable grounds for suspecting that\nthere may be on any premises a thing of a particular kind\nconnected with a particular offence against this Act; and\n(b) the information sets out those grounds;\nthe magistrate may issue a search warrant authorising the authorised\nofficer named in the warrant, with the assistance and by the force that\nis necessary and reasonable—\n(c) to enter the premises described in the warrant; and\n(d) to search the premises for things of the kind mentioned in\nparagraph (a); and\n(e) to exercise any of the powers listed in section 100 in relation to\nthose things.\n(2) A magistrate must not issue a warrant unless—\n(a) the informant or another person has given the magistrate, either\norally on oath or by affidavit, any further information that the\nmagistrate requires about the grounds on which the issue of the\nwarrant is being sought; and\n(b) the magistrate is satisfied that there are reasonable grounds for\nissuing the warrant.\n\n(3) A warrant must—\n(a) state the purpose for which it is issued, including a reference to\nthe nature of the offence in relation to which the entry and search\nis authorised; and\n(b) state that the entry is authorised at any time of the day or night,\nor specify particular hours during which the entry is authorised;\nand\n(c) include a description of the kind of things in relation to which\nthe powers listed in section 100 may be exercised; and\n(d) specify a date, not later than 1 month after the date the warrant\nis issued, when the warrant ceases to have effect.\n(4) If in the course of searching under a warrant for things of a particular\nkind connected with a particular offence, an authorised officer—\n(a) finds a thing that the officer has reasonable grounds for\nbelieving to be—\n(i) connected with the offence, although not a thing of the kind\nspecified in the warrant; or\n(ii) connected with another offence against this Act; and\n(b) is satisfied that it is necessary to exercise any of the powers\nlisted in section 100 in relation to the thing to prevent the\ncommitting, continuing or repeating of the offence or the other\noffence;\nthe warrant must be taken to authorise the officer to exercise those\npowers in relation to that thing.\n\n","sortOrder":131},{"sectionNumber":"105","sectionType":"section","heading":"Emergency situations","content":"105 Emergency situations\nThis division applies if an authorised officer—\n(a) has reasonable grounds for believing that serious or material\nenvironmental harm has been or is likely to be caused, other than\nharm permitted by or under this Act; and\n(b) is satisfied that it is necessary to take immediate action to\nprevent, minimise or remedy the harm (in this division called\nemergency action).\n","sortOrder":132},{"sectionNumber":"106","sectionType":"section","heading":"Taking or directing action","content":"106 Taking or directing action\n(1) The authorised officer must, orally or in writing, direct another person\nwho is present on the relevant premises to take emergency action if\nthe authorised officer has reasonable grounds for believing that the\nperson has the appropriate practical or technical knowledge and\nauthority to take the action.\n(2) If the authorised officer does not have belief of the kind mentioned in\nsubsection (1), the authorised officer may take emergency action.\n(3) The authorised officer must confirm an oral direction in writing as\nsoon as practicable.\n","sortOrder":133},{"sectionNumber":"107","sectionType":"section","heading":"Entry and exercise of powers","content":"107 Entry and exercise of powers\n(1) The authorised officer may—\n(a) for the purposes of taking emergency action, enter any premises\n(other than residential premises) at any time of the day or\nnight—\n(i) without a warrant; and\n(ii) with the assistance, and by the force, that is necessary and\nreasonable; and\n\nSeizure, retention and disposal of things Division 11.4\n(b) in the course of taking emergency action, exercise any of the\npowers listed in section 100.\n(2) An authorised officer who enters premises under subsection (1) (a) is\nnot authorised to remain on the premises if, on request by the occupier\nor a person apparently in charge of the premises, the officer does not\nproduce the officer’s identity card.\n","sortOrder":134},{"sectionNumber":"Div 11","sectionType":"division","heading":"4 Seizure, retention and disposal of","content":"Division 11.4 Seizure, retention and disposal of\nthings\n","sortOrder":135},{"sectionNumber":"108","sectionType":"section","heading":"Seizure","content":"108 Seizure\n(1) An authorised officer may seize anything under a power of seizure\nunder this part if the officer has reasonable grounds for believing that\nit is connected with an offence against this Act and—\n(a) the seizure is necessary to prevent the thing being—\n(i) concealed, lost, damaged or destroyed; or\n(ii) used to commit the offence; or\n(b) the seizure is necessary to conduct tests for the purpose of\nadducing evidence in a prosecution for the offence.\n(2) A person must not, without the written consent of the authority—\n(a) interfere with or dispose of a thing seized under this part; or\n(b) remove the thing from the premises where it was seized or to\nwhich it was taken by the authorised officer who seized it.\n(3) If an authorised officer has seized a thing under this part, the officer\nmust give a receipt for the thing to—\n(a) the occupier of the premises where it was seized; or\n\nDivision 11.4 Seizure, retention and disposal of things\n(b) the person who had possession, custody or control of the thing\nimmediately before it was seized.\n","sortOrder":136},{"sectionNumber":"109","sectionType":"section","heading":"Retention to adduce evidence","content":"109 Retention to adduce evidence\n(1) The following provisions apply in relation to anything seized under\nthis part:\n(a) the thing must be held by the authority for the purpose of\nadducing evidence in a prosecution for an offence against this\nAct, unless the authority authorises the release of the thing to its\nowner or the person who had possession, custody or control of\nthe thing immediately before it was seized;\n(b) if a prosecution for an offence against this Act is instituted\nwithin the prescribed period and the defendant is found guilty—\nthe court may order that—\n(i) the thing be forfeited to the authority; or\n(ii) the defendant pay to the authority an amount equal to the\nmarket value of the thing at the time of the seizure, being\nthe value decided by the court;\n(c) if—\n(i) a prosecution for an offence against this Act is not\ninstituted within the prescribed period; or\n(ii) on such a prosecution being instituted within that period,\nthe defendant is found not guilty or the court does not make\nan order under paragraph (b);\nthe authority must, subject to section 110, release the thing to its\nowner or the person who had possession, custody or control of\nthe thing immediately before it was seized.\nprescribed period means the period of 6 months beginning on the day\nafter the seizure.\n\nSeizure, retention and disposal of things Division 11.4\n","sortOrder":137},{"sectionNumber":"110","sectionType":"section","heading":"Disposal","content":"110 Disposal\n(1) Instead of releasing a thing under section 109 (1) (c), the authority\nmay give written notice to—\n(a) the owner of the thing; or\n(b) the person who had possession, custody or control of the thing\nimmediately before it was seized;\ninviting the person to show why the thing should not be disposed of.\n(2) If a notice is given under subsection (1) the authority must, at the\nsame time, give public notice that a person who has a legal or\nequitable interest in the thing to be disposed may tell the authority\nabout why it should not be disposed of.\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n(3) A notice under subsection (1) or (2) must specify—\n(a) the grounds on which the authority bases the authority’s belief\nthat the disposal of the thing is necessary; and\n(b) the period (not shorter than 20 working days after the day on\nwhich the notice was given) after which the authority may cause\nthe thing to be disposed of under subsection (4).\n(4) The authority must—\n(a) after the period specified in a notice under subsection (1) or (2)\nhas ended; and\n(b) after taking into account any representations made in response\nto the notice;\ndispose of the thing if satisfied that the disposal is necessary to\nprevent or minimise any environmental harm caused, or likely to be\ncaused, by the thing.\n\n(5) If the authority is not satisfied that it is necessary to dispose of a thing,\nthe authority must release the thing to its owner or the person who\nhad possession, custody or control of the thing immediately before it\nwas seized.\n(6) If a thing is disposed of under subsection (4), the Territory must\ncompensate the owner.\n","sortOrder":138},{"sectionNumber":"111","sectionType":"section","heading":"Power to require name and address","content":"111 Power to require name and address\n(1) If an authorised officer—\n(a) finds a person committing an offence against this Act; or\n(b) has reasonable grounds for believing that a person has\ncommitted an offence against this Act;\nthe officer—\n(c) may require the person to state the person’s name and address;\nand\n(d) in doing so, must —\n(i) inform the person of the reasons for the requirement; and\n(ii) as soon as practicable afterwards, record those reasons.\n(2) A person is not required to comply with a requirement under\nsubsection (1) if, on request by the person, the authorised officer does\nnot produce the officer’s identity card.\n(3) Subject to subsection (2), a person must not, without reasonable\nexcuse, fail to comply with a requirement under subsection (1).\nMaximum penalty: 5 penalty units.\n\nPowers of analysts Part 12\n","sortOrder":139},{"sectionNumber":"Part 12","sectionType":"part","heading":"Powers of analysts","content":"Part 12 Powers of analysts\n","sortOrder":140},{"sectionNumber":"112","sectionType":"section","heading":"Entry of premises","content":"112 Entry of premises\n(1) An analyst may accompany an authorised officer who has entered\npremises under a power of entry under part 11 to conduct the tests\nnecessary to decide whether this Act is being complied with.\n(2) A person must not, without reasonable excuse, obstruct or hinder an\nanalyst in the exercise of the analyst’s powers under subsection (1).\n(3) An analyst who enters premises under subsection (1) is not authorised\nto remain on the premises if, on request by the occupier or a person\napparently in charge of the premises, the analyst does not produce the\nanalyst’s identity card.\n","sortOrder":141},{"sectionNumber":"113","sectionType":"section","heading":"Evidence of analysis","content":"113 Evidence of analysis\nA certificate purporting to be signed by an analyst—\n(a) stating that they have analysed, or caused to be analysed, a\nsample from a sealed container to which was attached a label\npurporting to be signed by the authorised officer named in the\ncertificate and bearing particulars of the date and time when, and\nthe place where, the sample was taken by the authorised officer;\nand\n(b) describing the analysis to which the sample was subjected; and\n(c) setting out the results of the analysis;\nis evidence of the matters so stated.\n\n","sortOrder":142},{"sectionNumber":"125","sectionType":"section","heading":"Environment protection orders","content":"125 Environment protection orders\n(1) If the authority has reasonable grounds for believing that a person has\ncontravened or is contravening an environmental authorisation or a\nprovision of this Act, the authority may serve an environment\nprotection order on the person.\n(2) If the authority is satisfied that land is contaminated, but has\nreasonable grounds for believing that if the land were—\n(a) to continue to be used for its present use; or\n(b) to be used for a specified use, or a use in a specified class of\nuses, other than its present use;\nit would not cause, or would not be likely to cause, a significant risk\nof harm to human health or a significant risk of material\nenvironmental harm or serious environmental harm, the authority\nmay serve an environment protection order on the relevant person in\nrelation to the land.\n(3) If the authority is satisfied that land is contaminated but has\nreasonable grounds for believing that the contamination is not, or is\nnot likely to, cause a significant risk of harm to human health or a\nenvironmental harm while measures for its containment continue, the\nauthority may serve an environment protection order on the relevant\nperson in relation to the land.\n\nEnvironment protection orders Division 13.2\n(4) An order must be in writing and must—\n(a) identify the person on whom the order is served; and\n(b) if the order is grounded on a contravention of this Act, specify—\n(i) the provision of this Act alleged to have been contravened;\nand\n(ii) the nature of, and the day, time and place of, the alleged\ncontravention; and\n(c) if the order is grounded on a contravention of an environmental\nauthorisation, specify—\n(i) the condition of the authorisation alleged to have been\ncontravened; and\n(ii) the nature of, and the day, time and place of, the alleged\ncontravention; and\n(d) if the order is served under subsection (2) or (3)—\n(i) the nature of the substances in, on or under the land the\nsubject of the order; and\n(ii) the grounds on which the authority holds its belief; and\n(e) require that specified action be taken, stopped or not begun by\nthe person; and\n(f) set out the maximum penalty, on conviction, for a failure to\ncomply with the order.\n(5) An order may impose any requirement reasonably required for the\npurposes for which the order is served, including 1 or more of the\n(a) that the person stop or not begin a specified activity indefinitely\nor for a specified period;\n\n(b) that the person undertake, within a specified period—\n(i) specified action to remedy specified environmental harm;\nand\n(ii) if appropriate, specified action to prevent or mitigate\nfurther environmental harm;\n(c) that the person undertake, within a specified period, specified\naction for the restoration of the environment in a public place or\nfor the public benefit;\n(d) that the person undertake, within a specified period, any other\nspecified action;\n(e) that the person not conduct a specified activity except during\nspecified times or subject to specified conditions;\n(f) that the person provide specified information to the authority in\nrelation to the environmental impact of an activity being\nconducted by the person.\n(6) In this section, a reference to a contravention of this Act includes a\nreference to a failure to comply with the general environmental duty.\n(7) In this section:\n(a) the occupier of the land; and\n(b) if the occupier is not the lessee—the lessee; and\n\nInjunctive orders Division 13.3\n","sortOrder":143},{"sectionNumber":"126","sectionType":"section","heading":"Contravention of environment protection order","content":"126 Contravention of environment protection order\nA person must not contravene an environment protection order.\nMaximum penalty:\n(a) if the order was grounded on a contravention of this Act and this\nAct specifies a penalty for the contravention—that penalty; or\n(b) if the order was grounded on a contravention of an\nenvironmental authorisation and this Act specifies a penalty for\nthe contravention—that penalty; or\n(c) in any other case—200 penalty units.\n","sortOrder":144},{"sectionNumber":"127","sectionType":"section","heading":"Application for order","content":"127 Application for order\n(1) An application for an order under section 128 may be made to the\nSupreme Court by—\n(a) the authority; or\n(b) any other person with leave of the court.\n(2) The court must not grant leave under subsection (1) (b) unless\nsatisfied that—\n(a) the person has requested the authority to take action under the\nAct and the authority has failed, within a time that is reasonable\nin the circumstances, to notify the person in writing that it has\ntaken any action that is appropriate in the circumstances; and\n(b) it is in the public interest that the proceedings should be brought.\n","sortOrder":145},{"sectionNumber":"128","sectionType":"section","heading":"Making of order","content":"128 Making of order\n(1) If the Supreme Court is satisfied—\n(a) that—\n(i) the respondent has contravened or is contravening; or\n\n(ii) there is a significant likelihood that the respondent will\ncontravene;\nan environmental authorisation, an environment protection\norder or a provision of this Act; and\n(b) that, as a result, serious or material environmental harm has\nhappened, is happening or is likely to happen;\nthe court may make—\n(c) an order requiring the respondent to remedy the contravention;\nor\n(d) an order restraining the respondent from continuing to commit\nthe contravention; or\n(e) an order restraining the respondent from committing the\nthreatened or anticipated contravention;\nand any other orders the court considers appropriate for the purpose\nof giving effect to that order.\n(2) An order under subsection (1) must specify the date on or before\nwhich the order is to be complied with.\n(3) The court may make an order under subsection (1) directing the\nrespondent to stop doing a particular thing, whether or not—\n(a) it appears to the court that the respondent intends to do the thing\nor continue to do the thing; or\n(b) the respondent has previously done a thing of that kind; or\n(c) there is a potential for serious or material environmental harm\nto result if the respondent does the thing or continues to do the\nthing.\n\nInjunctive orders Division 13.3\n(4) The court may make an order under subsection (1) directing the\nrespondent to do a particular thing, whether or not—\n(a) it appears to the court that the respondent does not intend to do\nthe thing or continue to do the thing; or\n(b) the respondent has previously not done a thing of that kind; or\n(c) there is a potential for serious or material environmental harm\nto result if the respondent does not do the thing.\n","sortOrder":146},{"sectionNumber":"129","sectionType":"section","heading":"Interim order","content":"129 Interim order\n(1) If—\n(a) an application for an order under section 128 is pending; and\n(b) the Supreme Court is satisfied that there is a real or significant\nlikelihood of serious or material environmental harm happening\nbefore the application is determined;\nthe court may make an interim order of the kind described in\nsection 128 (1) (c), (d) or (e) and any other orders the court considers\nappropriate.\n(2) An interim order under subsection (1) remains in force—\n(a) if a copy of the application has not been served on the\nrespondent—\n(i) until the court otherwise orders; or\n(ii) for the period (not longer than 14 days) specified in the\norder;\nwhichever happens first; or\n\n(b) if a copy of the application has been served on the respondent—\n(i) until the court otherwise orders; or\n(ii) until the court decides the application;\nwhichever happens first.\n","sortOrder":147},{"sectionNumber":"130","sectionType":"section","heading":"Costs—public interest","content":"130 Costs—public interest\nIn deciding the amount of costs to be awarded against a party to a\nproceeding under section 128 or section 129, the Supreme Court must\ntake into account the nature of the public interest.\n","sortOrder":148},{"sectionNumber":"131","sectionType":"section","heading":"Security for costs etc","content":"131 Security for costs etc\nThe Supreme Court may order an applicant for an order under\nsection 128—\n(a) to provide security for the payment of costs that may be awarded\nagainst the applicant if the application is subsequently\ndismissed; or\n(b) to give an undertaking about the payment of any amount that\nmay be awarded against the applicant under section 132.\n","sortOrder":149},{"sectionNumber":"132","sectionType":"section","heading":"Compensation","content":"132 Compensation\nIf, on an application for an order under section 128 alleging that there\nhas been a contravention of an environmental authorisation, an\nenvironment protection order or a provision of this Act, the Supreme\nCourt is satisfied that—\n(a) there has been no such contravention by the respondent; and\n(b) the respondent has suffered loss or damage as a result of the\nactions of the applicant in bringing the proceedings; and\n\nPower to require information Division 13.4\n(c) in the circumstances it is appropriate to make an order under this\nsubsection;\nthe court may, on the application of the respondent (and in addition\nto any order about costs), order the applicant to pay to the respondent\nan amount, decided by the court, to compensate the respondent for\nthe loss or damage suffered by the respondent.\n","sortOrder":150},{"sectionNumber":"Div 13","sectionType":"division","heading":"4 Power to require information","content":"Division 13.4 Power to require information\n","sortOrder":151},{"sectionNumber":"133","sectionType":"section","heading":"Information discovery orders","content":"133 Information discovery orders\n(1) If the authority has reasonable grounds for suspecting that a person—\n(a) has information reasonably required by the authority for the\nadministration or enforcement of this Act; or\n(b) has possession or control of a document containing such\ninformation;\nthe authority may serve on the person an information discovery order\nrequiring the person to give the information or produce the document.\n(2) An order must be in writing and must —\n(a) identify the person on whom the order is served; and\n(b) specify why the information is required; and\n(c) specify the date on or before which the order must be complied\nwith; and\n(d) set out the maximum penalty, on conviction, for a failure to\ncomply with the order.\n","sortOrder":152},{"sectionNumber":"134","sectionType":"section","heading":"Contravention of information discovery order","content":"134 Contravention of information discovery order\nA person must not contravene an information discovery order.\n\n","sortOrder":153},{"sectionNumber":"Part 14","sectionType":"part","heading":"Notification and review of","content":"Part 14 Notification and review of\ndecisions\n","sortOrder":154},{"sectionNumber":"135","sectionType":"section","heading":"Definitions—pt 14","content":"135 Definitions—pt 14\ninternally reviewable decision means a decision mentioned in\nschedule 3, column 3 under a provision of this Act mentioned in\ncolumn 2 in relation to the decision.\nreviewable decision means—\n(a) a decision mentioned in schedule 3, column 3 under a provision\nof this Act mentioned in column 2 in relation to the decision; or\n(b) a decision made on internal review.\n","sortOrder":155},{"sectionNumber":"136","sectionType":"section","heading":"Internal review and reviewable decision notices","content":"136 Internal review and reviewable decision notices\n(1) If the authority makes an internally reviewable decision, the authority\nmust give an internal review notice to each entity mentioned in\nschedule 3, column 4 in relation to the decision.\n(2) If the authority makes a reviewable decision, the authority must give\na reviewable decision notice to each entity mentioned in schedule 3,\ncolumn 4 in relation to the decision.\nNote The authority must also take reasonable steps to give an internal review\nnotice and a reviewable decision notice to anyone whose interests are\naffected by the decision (see ACT Civil and Administrative Tribunal\nAct 2008, s 67A and s 67B).\n","sortOrder":156},{"sectionNumber":"136A","sectionType":"section","heading":"Applications for internal review","content":"136A Applications for internal review\n(1) The following may apply to the authority for review of an internally\nreviewable decision:\n(a) an entity mentioned in schedule 3, column 4 in relation to the\ndecision;\n\nNotification and review of decisions Part 14\n(b) any other person whose interests are affected by the decision.\n(2) The application must—\n(b) state the applicant’s name and address; and\n(c) set out the applicant’s reasons for making the application.\n(3) The application must be given to the authority within—\n(a) 14 days after the day the applicant is given the internal review\nnotice for the decision; or\n(b) any longer period allowed by the authority before or after the\nend of the 14-day period.\n","sortOrder":157},{"sectionNumber":"136B","sectionType":"section","heading":"Applications not stay internally reviewable decisions","content":"136B Applications not stay internally reviewable decisions\nThe making of an application for review of an internally reviewable\ndecision does not affect the operation of the decision.\n","sortOrder":158},{"sectionNumber":"136C","sectionType":"section","heading":"Review by authority","content":"136C Review by authority\n(1) The authority must review the internally reviewable decision.\n(2) The review must happen within 28 days (the 28-day period) after the\nday the authority receives the application for review of the internally\nreviewable decision.\n(3) The authority must—\n(a) confirm the decision; or\n(b) vary the decision; or\n(c) set aside the decision and substitute another decision.\n(4) If the decision is not varied or set aside within the 28-day period, the\ndecision is taken to have been confirmed by the authority.\n\n","sortOrder":159},{"sectionNumber":"136D","sectionType":"section","heading":"Applications for review","content":"136D Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 3, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\nEnforceable undertakings Part 14A\n","sortOrder":160},{"sectionNumber":"136E","sectionType":"section","heading":"Definitions—pt 14A","content":"136E Definitions—pt 14A\nenforceable undertaking means an environmental undertaking that\nhas been accepted under section 136G.\nenvironmental undertaking—see section 136F (2).\n","sortOrder":161},{"sectionNumber":"136F","sectionType":"section","heading":"Making of environmental undertakings","content":"136F Making of environmental undertakings\n(1) This section applies if the authority alleges that a person has\ncommitted an offence against division 15.1 (Environmental\noffences).\n(2) The person may give the authority a written undertaking\n(an environmental undertaking) in relation to the offence.\n(3) The environmental undertaking must—\n(a) state that, on acceptance by the authority, it is an enforceable\nundertaking under this Act; and\n(b) acknowledge that the authority alleges that the person has\ncommitted an offence against a stated provision of this Act; and\n(c) identify the facts and circumstances of the alleged offence; and\n(d) include 1 or more undertakings relating to the alleged offence.\nExamples—undertakings\n1 to stop certain conduct\n2 to take particular action to compensate people adversely affected by an alleged\noffence committed against a stated provision of this Act\n3 to take particular action to rectify a state of affairs that arose as a direct or\nindirect result of the alleged offence\n4 to take particular action (including implementing particular systems) to\nprevent future offences against this Act\n5 to implement publicity or education programs\n\n","sortOrder":162},{"sectionNumber":"136G","sectionType":"section","heading":"Acceptance of environmental undertaking","content":"136G Acceptance of environmental undertaking\n(1) The authority may accept an environmental undertaking by written\nnotice given to the person who gave the undertaking.\n(2) On acceptance of the undertaking, the undertaking becomes an\nenforceable undertaking.\n","sortOrder":163},{"sectionNumber":"136H","sectionType":"section","heading":"Withdrawal from or amendment of enforceable","content":"136H Withdrawal from or amendment of enforceable\nundertaking\n(1) The person who gave an enforceable undertaking may withdraw from\nor amend the undertaking only with the authority’s written\nagreement.\n(2) However, the undertaking may not be amended to provide for a\ndifferent alleged offence.\n","sortOrder":164},{"sectionNumber":"136I","sectionType":"section","heading":"Ending enforceable undertaking","content":"136I Ending enforceable undertaking\n(1) The authority may end an enforceable undertaking by written notice\nto the person who gave the undertaking if satisfied that the\nundertaking is no longer necessary or desirable.\n(2) The authority may act under subsection (1) on the authority’s own\ninitiative or on the application of the person who gave the\nundertaking.\n(3) The undertaking ends when the person who gave the undertaking\nreceives the authority’s notice.\n","sortOrder":165},{"sectionNumber":"136J","sectionType":"section","heading":"Undertaking not admission of fault etc","content":"136J Undertaking not admission of fault etc\n(1) This section applies if a person gives the authority an environmental\nundertaking in relation to an alleged offence, whether or not the\nundertaking is accepted by the authority.\n(2) Giving the environmental undertaking is not—\n(a) an express or implied admission of fault or liability by the\nperson in relation to the alleged offence; and\n\nEnforceable undertakings Part 14A\n(b) relevant to deciding fault or liability in relation to the alleged\n","sortOrder":166},{"sectionNumber":"136K","sectionType":"section","heading":"Contravention of enforceable undertakings","content":"136K Contravention of enforceable undertakings\n(1) If the authority believes on reasonable grounds that an enforceable\nundertaking has been contravened by anyone, the authority may apply\nto the Magistrates Court for an order under subsection (2).\n(2) If the Magistrates Court is satisfied that the enforceable undertaking\nhas been contravened, the court may make 1 or more of the following\norders:\n(a) an order requiring the person who gave the undertaking to\nensure that the undertaking is not contravened;\n(b) an order requiring the person who gave the undertaking to pay\nto the Territory the amount assessed by the court as the value of\nthe benefits anyone derived, directly or indirectly, from the\ncontravention of the undertaking;\n(c) an order that the court considers appropriate requiring the person\nwho gave the undertaking to compensate someone who has\nsuffered loss or damage because of the contravention of the\nundertaking;\n(d) any other order that the court considers appropriate.\n(3) A person commits an offence if the person fails to take all reasonable\nsteps to comply with an order under subsection (2).\n\n","sortOrder":167},{"sectionNumber":"136L","sectionType":"section","heading":"Effect of enforceable undertaking on other proceedings","content":"136L Effect of enforceable undertaking on other proceedings\nA proceeding may not be brought against a person for an alleged\noffence against division 15.1 (Environmental offences) if—\n(a) an enforceable undertaking is in force in relation to the alleged\noffence; or\n(b) the person has complied with an enforceable undertaking in\nrelation to the alleged offence.\n\nEnvironmental offences Division 15.1\n","sortOrder":168},{"sectionNumber":"Subdiv 15","sectionType":"subdivision","heading":"1.1 General environmental offences","content":"Subdivision 15.1.1 General environmental offences\n","sortOrder":169},{"sectionNumber":"137","sectionType":"section","heading":"Causing serious environmental harm or likely serious","content":"137 Causing serious environmental harm or likely serious\nenvironmental harm\ncausing serious environmental harm or likely serious environmental\nMaximum penalty: 2 000 penalty units, imprisonment for 5 years or\nserious environmental harm or likely serious environmental harm.\nMaximum penalty: 1 500 penalty units, imprisonment for 3 years or\n(3) A person must not pollute the environment causing serious\nenvironmental harm or likely serious environmental harm.\nMaximum penalty: 1 000 penalty units.\n(5) If in a proceeding for an offence against subsection (1) or\nsubsection (2), the court is not satisfied that the defendant is guilty of\nthe offence charged but is satisfied that the defendant is guilty of an\noffence against subsection (3), the court may find the defendant guilty\nof the latter offence.\n\n","sortOrder":170},{"sectionNumber":"138","sectionType":"section","heading":"Causing material environmental harm or likely material","content":"138 Causing material environmental harm or likely material\nenvironmental harm\ncausing material environmental harm or likely material\nMaximum penalty: 1 000 penalty units, imprisonment for 2 years or\nmaterial environmental harm or likely material environmental harm.\nMaximum penalty: 750 penalty units, imprisonment for 1 year or\n(3) A person must not pollute the environment causing material\nenvironmental harm or likely material environmental harm.\nMaximum penalty: 500 penalty units.\n(5) If in a proceeding for an offence against subsection (1) or\nsubsection (2), the court is not satisfied that the defendant is guilty of\nthe offence charged but is satisfied that the defendant is guilty of an\noffence against subsection (3), the court may find the defendant guilty\nof the latter offence.\n\nEnvironmental offences Division 15.1\n","sortOrder":171},{"sectionNumber":"139","sectionType":"section","heading":"Causing environmental harm or likely environmental","content":"139 Causing environmental harm or likely environmental\nharm\ncausing environmental harm or likely environmental harm.\nMaximum penalty: 100 penalty units, imprisonment for 6 months or\nenvironmental harm or likely environmental harm.\nMaximum penalty: 75 penalty units.\n(3) A person must not pollute the environment causing environmental\nharm or likely environmental harm.\n(5) If in a proceeding for an offence against subsection (1) or (2), the\ncourt is not satisfied that the defendant is guilty of the offence charged\nbut is satisfied that the defendant is guilty of an offence against\nsubsection (3), the court may find the defendant guilty of the latter\n","sortOrder":172},{"sectionNumber":"140","sectionType":"section","heading":"Person may be found guilty of lesser charge","content":"140 Person may be found guilty of lesser charge\n(1) If in a proceeding for an offence against section 137, the court is not\nsatisfied that the defendant is guilty of the offence charged but is\nsection 138 (1), (2) or (3), the court may find the defendant guilty of\nthe latter offence.\n\n(2) If in a proceeding for an offence against section 137 or section 138,\nthe court is not satisfied that the defendant is guilty of the offence\ncharged but is satisfied that the defendant is guilty of an offence\nagainst section 139 (1), (2) or (3), the court may find the defendant\nguilty of the latter offence.\n","sortOrder":173},{"sectionNumber":"141","sectionType":"section","heading":"Causing environmental nuisance","content":"141 Causing environmental nuisance\nA person must not cause an environmental nuisance.\n","sortOrder":174},{"sectionNumber":"142","sectionType":"section","heading":"Placing pollutant where it could cause harm","content":"142 Placing pollutant where it could cause harm\nA person must not cause or allow a pollutant or the source of a\npollutant to be placed in a position as a result of which the pollutant\ncould reasonably be expected to cause environmental harm.\n","sortOrder":175},{"sectionNumber":"143","sectionType":"section","heading":"No offence committed","content":"143 No offence committed\nA person does not commit an offence against section 137,\nsection 138, section 139, section 141 or section 142 if—\n(a) the act or omission that would apart from this provision have\nconstituted the offence or an element of the offence was\nauthorised by or under this Act; or\n(b) in any other case—\n(i) the act or omission that would apart from this provision\nhave constituted the offence or an element of the offence\nhappened during the conduct of an activity that was, apart\nfrom this Act, lawful; and\n(ii) in conducting the activity, the person was complying with\nthe general environmental duty.\n\nExtensions of liability for offences Division 15.2\n","sortOrder":176},{"sectionNumber":"144","sectionType":"section","heading":"Liability limited to harm caused by excess pollutants","content":"144 Liability limited to harm caused by excess pollutants\nFor section 137, section 138 and section 139, if a person causes\nenvironmental harm or likely environmental harm by causing the\nentry into the environment of a measure of a pollutant that exceeds\nthe measure authorised by or under this Act, the person is liable to be\nprosecuted only in relation to the environmental harm or likely\nenvironmental harm caused by the excess pollutant.\nSubdivision 15.1.2 Specific offences\n145 Offences in schedule 2\nCertain offences against this Act are specified in schedule 2.\n146 Acts and omissions of representatives\n(1) In this section:\nperson means an individual.\nNote See the Criminal Code, pt 2.5 for provisions about corporate criminal\nresponsibility.\nrepresentative, of a person, means an employee or agent of the\nperson.\nstate of mind, of a person, includes—\n(a) the person’s knowledge, intention, opinion, belief or purpose;\nand\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n(2) This section applies to a prosecution for any offence against this Act.\n\n(3) If it is relevant to prove a person’s state of mind about an act or\nomission, it is enough to show—\n(a) the act was done or omission made by a representative of the\nperson within the scope of the representative’s actual or\napparent authority; and\n(b) the representative had the state of mind.\n(4) An act done or omitted to be done on behalf of a person by a\nrepresentative of the person within the scope of the representative’s\nactual or apparent authority is also taken to have been done or omitted\nto be done by the person.\n(5) However, subsection (4) does not apply if the person establishes that\nreasonable precautions were taken and appropriate diligence was\nexercised to avoid the act or omission.\n(6) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (3) or (4).\n","sortOrder":177},{"sectionNumber":"147","sectionType":"section","heading":"Criminal liability of executive officers","content":"147 Criminal liability of executive officers\n(1) An executive officer of a corporation commits an offence if—\n(a) the corporation commits a relevant offence; and\n(b) the officer was reckless about whether the relevant offence\nwould be committed; and\n(c) the officer was in a position to influence the conduct of the\ncorporation in relation to the commission of the relevant\noffence; and\n(d) the officer failed to take reasonable steps to prevent the\ncommission of the relevant offence.\nMaximum penalty: The maximum penalty that may be imposed for\nthe commission of the relevant offence by an individual.\n\nExtensions of liability for offences Division 15.2\n(2) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the commission of the relevant offence, a\ncourt must consider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent that the action is relevant to the act or\nomission):\n(i) that the corporation arranges regular professional\nassessments of the corporation’s compliance with the\nprovision to which the relevant offence relates;\n(ii) that the corporation implements any appropriate\nrecommendation arising from such an assessment;\n(iii) that the corporation’s employees, agents and contractors\nhave a reasonable knowledge and understanding of the\nrequirement to comply with the provision to which the\nrelevant offence relates;\n(b) any action the officer took when the officer became aware that\nthe relevant offence was, or might be, about to be committed.\n(3) Subsection (2) does not limit the matters the court may consider.\n(4) Subsection (1) does not apply if the corporation would have a defence\nto a prosecution for the relevant offence.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (4) (see Criminal Code, s 58).\n(5) This section applies whether or not the corporation is prosecuted for,\nor convicted of, the relevant offence.\nexecutive officer, of a corporation, means a person, by whatever\nname called and whether or not the person is a director of the\ncorporation, who is concerned with, or takes part in, the corporation’s\nmanagement.\n\nrelevant offence means an offence against any of the following:\n(a) section 42 (Conducting prescribed classes of activities);\n(b) section 44 (Conducting activities other than prescribed\nactivities);\n(c) section 45 (Compliance with authorisation);\n(d) section 91D (Order to remediate land);\n(e) section 126 (Contravention of environment protection order);\n(f) section 137 (Causing serious environmental harm or likely\nserious environmental harm);\n(g) section 138 (Causing material environmental harm or likely\nmaterial environmental harm);\n(h) section 139 (Causing environmental harm or likely\nenvironmental harm);\n(i) section 141 (Causing environmental nuisance);\n(j) section 142 (Placing pollutant where it could cause harm);\n(k) section 159A (National pollutant inventory—provision of\ninformation).\n","sortOrder":178},{"sectionNumber":"148","sectionType":"section","heading":"Notice to transferee on transfer of activity or place","content":"148 Notice to transferee on transfer of activity or place\n(1) Before transferring ownership of an activity or place in relation to\nwhich an instrument is in effect, the transferor must not, without\nreasonable excuse, fail to notify the transferee of the existence and\ncontent of the instrument.\nMaximum penalty: 20 penalty units.\n\nOther offences Division 15.3\ninstrument means—\n(a) an environmental authorisation; or\n(b) an environmental protection agreement; or\n(c) a notice under section 69 requiring a person to prepare and\nsubmit to the authority a draft environmental improvement plan;\nor\n(d) a notice under section 76 requiring a person to commission an\nenvironmental audit; or\n(e) a notice under section 82 requiring a person to prepare and\nsubmit to the authority a draft emergency plan; or\n(f) an environment protection order.\n","sortOrder":179},{"sectionNumber":"149","sectionType":"section","heading":"Notice to authority of alteration to equipment and works","content":"149 Notice to authority of alteration to equipment and works\n(1) The holder of an environmental authorisation must notify the\nauthority in writing of any proposed installation, construction or\nmodification to prescribed equipment and works in or on the premises\non which the authorised activity is being, or is proposed to be,\nconducted.\nMaximum penalty: 20 penalty units.\n(2) For subsection (1), it is sufficient notification if the holder of the\nauthorisation gives to the authority a copy of—\n(a) the application under the Planning Act 2023, chapter 7 for\napproval to undertake the development; or\n(b) the application under the Building Act 2004, part 3 for a building\napproval to carry out the relevant building work.\n\n(3) The authority may, within 10 days after receiving notification of a\nproposal under subsection (1), require the holder of the environmental\nauthorisation to provide further specified information (including\nplans and drawings) about the proposal by the specified date.\n(4) A person must not fail to comply with a notice under subsection (3).\n(5) In subsection (1):\nprescribed equipment and works, in relation to premises, means\nequipment or works for—\n(a) the discharge or emission of a pollutant from the premises; or\n(b) the treatment or storage of a pollutant before such discharge or\nemission.\n","sortOrder":180},{"sectionNumber":"150","sectionType":"section","heading":"Self-incrimination","content":"150 Self-incrimination\n(1) A person (whether an individual or corporation) is not excused from\nanswering a question, giving information or producing a document if\nrequired under this Act on the ground that to do so would tend to\nincriminate the person.\n(2) If an individual answers a question, gives information or produces a\ndocument in compliance with a requirement under section 100 (2),\nsection 101 or section 133—\n(a) the answer to the question; or\n(b) the information given; or\n(c) the document produced;\nis not admissible in evidence against the person in any proceedings\n(whether civil or criminal), other than proceedings for an offence\nagainst section 151 or the Criminal Code, part 3.4 (False or\nmisleading statements, information and documents) or section 361\n(Obstructing territory public official).\n\nDefences Division 15.4\n","sortOrder":181},{"sectionNumber":"151","sectionType":"section","heading":"Failing to comply with requirement of inspector","content":"151 Failing to comply with requirement of inspector\nA person must not, without reasonable excuse, fail to comply with a\nrequirement made, or direction given, by an authorised officer under\nthis Act.\n","sortOrder":182},{"sectionNumber":"153","sectionType":"section","heading":"Due diligence","content":"153 Due diligence\n(1) It is a defence to a prosecution for an offence against section 137,\nsection 138, section 139, section 141, section 142 or section 147, or\nan offence against a regulation that is prescribed for this section, that\nthe defendant exercised due diligence to prevent the act or omission\nalleged to constitute the offence or an element of the offence.\n(2) Without subsection (1), in deciding whether the defendant exercised\ndue diligence, the court may have regard to—\n(a) if the defendant is a corporation—the steps taken by it—\n(i) to ensure that people employed or engaged by it were\naware of the requirements of this Act and any relevant\nenvironmental laws and standards relating to the\nprevention or minimisation of environmental harm or\nlikely environmental harm; or\n(ii) to ensure compliance with those laws and standards by\nthose people; or\n(iii) to establish an environmental management system and to\nensure implementation and compliance with it; or\n\n(b) if the defendant was the director of a corporation or other person\nresponsible for the management of the activity in relation to\nwhich the environmental harm or likely environmental harm\nhappened—\n(i) whether the defendant was personally familiar with the\nrequirements of this Act and any relevant environmental\nlaws and standards relating to the prevention or\nminimisation of environmental harm or likely\nenvironmental harm; or\n(ii) whether the defendant had taken all reasonable steps to\ncomply with those laws and standards; or\n(iii) the steps taken by the defendant to ensure other people for\nwhom it was relevant were familiar with this Act and any\nrelevant laws and standards, and compliance with those\nlaws and standards by those people; or\n(iv) the steps taken by the defendant to establish an\nenvironmental management system and to ensure\nfamiliarity and compliance with it by other people for\nwhom it was relevant; or\n(v) whether the defendant reacted immediately and personally\nwhen the defendant became aware of any noncompliance\nwith the environmental management system or other\nincident connected with the environmental harm or likely\nenvironmental harm that happened; or\n\nDefences Division 15.4\n(c) if the defendant was an employee or other person whose\nresponsibilities did not extend to the management of the activity\nin relation to which the environmental harm or likely\nenvironmental harm happened—\n(i) whether the defendant had taken all reasonable steps to\nbecome familiar with this Act and any relevant\nenvironmental laws and standards relating to the\nprevention or minimisation of environmental harm or\nlikely environmental harm; or\n(ii) whether the defendant had taken all reasonable steps to\ncomply with those laws and standards; or\n(iii) whether the defendant had taken all reasonable steps to\nbecome familiar, and comply, with any environmental\nmanagement system established by the corporation to the\nextent that the system is relevant to the defendant’s\nposition; or\n(iv) the steps taken by the defendant to prevent or minimise\nenvironmental harm or likely environmental harm when\nthe defendant became aware of any incident connected\nwith the environmental harm or likely environmental harm\nthat happened or the likelihood of any such incident.\n","sortOrder":183},{"sectionNumber":"154","sectionType":"section","heading":"Defence of emergency","content":"154 Defence of emergency\n(1) Subject to subsection (2), it is a defence to a prosecution for an\noffence against section 45, section 137, section 138, section 139,\nsection 141 or section 142, or an offence against a regulation that is\nprescribed for this section, that—\n(a) the act or omission alleged to constitute the offence or an\nelement of the offence was necessary to protect life, the\nenvironment or property in an emergency situation; and\n(b) the defendant took all reasonable and practicable measures to\nprevent or deal with the emergency.\n\n(2) Subsection (1) does not apply in relation to a prosecution for an\noffence against section 137 (1), section 138 (1) or section 139 (1) for\nrecklessly polluting the environment causing environmental harm or\nlikely environmental harm.\n(3) A reference in subsection (1) to an act or omission alleged to\nconstitute an offence or an element of an offence is, in relation to an\noffence against section 147 (1), a reference to the act or omission\nalleged to constitute the offence or an element of the offence\ncommitted by the corporation.\n","sortOrder":184},{"sectionNumber":"155","sectionType":"section","heading":"Strict liability offences","content":"155 Strict liability offences\nSubject to section 153 and section 154, an offence against section 45,\nsection 126, section 137 (3), section 138 (3), section 139 (3),\nsection 141 or section 142, or an offence against a regulation that is\nprescribed for this section, are offences of strict liability.\n","sortOrder":185},{"sectionNumber":"156","sectionType":"section","heading":"Continuing offences","content":"156 Continuing offences\nIf an offence against this Act is alleged to have been committed by a\nperson, in addition to the penalty otherwise applicable to the offence,\nthe person is liable to a penalty for each day during which the act or\nomission continues of not more than an amount equal to 20% of the\nmaximum penalty prescribed for that offence.\n\nGeneral Division 15.5\n","sortOrder":186},{"sectionNumber":"157","sectionType":"section","heading":"Additional court orders","content":"157 Additional court orders\n(1) If a court finds a person guilty of an offence against this Act that\nresulted in environmental harm or likely environmental harm\n(whether or not the causing of environmental harm or likely\nenvironmental harm was an element of the offence), in addition to\nany penalty it may impose, the court may—\n(a) order the person to take specified action to remedy or mitigate\nthe environmental harm or likely environmental harm and, if\nappropriate, specified action to prevent further environmental\nharm or likely environmental harm; or\n(b) order the person to carry out specified action for the restoration\nor enhancement of the environment in a public place or for the\npublic benefit; or\n(c) order the person to take specified action to publicise—\n(i) the contravention and its environmental and other\nconsequences; and\n(ii) any other orders made against the person; or\n(d) order the person to pay the amount decided by the court—\n(i) to the Territory for any reasonable costs and expenses\nincurred by the Territory in taking action to remedy or\nmitigate the environmental harm or likely environmental\nharm or prevent further harm; or\n(ii) to any other person as compensation for any injury, loss or\ndamage to property as a result of the contravention or for\ncosts reasonably incurred by the person in taking action to\nprevent or mitigate such injury, loss or damage;\nand may make any other orders that the court considers necessary or\nconvenient for the enforcement of an order under this section.\n\n(2) If the court finds a person guilty of an offence against this Act, the\ncourt may, on the application of the authority, make 1 or more of the\nfollowing orders:\n(a) that the person pay the reasonable costs and expenses of the\nauthority incurred in relation to taking samples, conducting tests\nor collecting other evidence for the purposes of the proceeding;\n(b) that the person pay the legal costs of the authority incurred in\nrelation to conducting the proceeding;\n(c) that the person pay any other specified costs or expenses\nincurred by the authority in relation to conducting the\nproceeding.\n","sortOrder":187},{"sectionNumber":"158","sectionType":"section","heading":"Matters to be considered in imposing penalty","content":"158 Matters to be considered in imposing penalty\nIn imposing a penalty for an offence against this Act, a court must\ntake into consideration (in addition to any other matter the court\nconsiders relevant)—\n(a) the extent of the harm caused or likely to be caused to the\nenvironment by the commission of the offence; and\n(b) the practical measures that may be taken to prevent, control,\nabate or mitigate that harm; and\n(c) the extent to which the person who committed the offence could\nreasonably have foreseen the harm caused or likely to be caused\nto the environment by the commission of the offence; and\n(d) the extent to which the person who committed the offence had\ncontrol over the causes that gave rise to the offence; and\n(e) whether, in committing the offence, the person was complying\nwith orders from an employer or a supervising employee.\n\n","sortOrder":188},{"sectionNumber":"159","sectionType":"section","heading":"Authorised acts and omissions","content":"159 Authorised acts and omissions\nA person does not—\n(a) contravene an environmental authorisation, an environment\nprotection order or a provision of this Act; or\n(b) breach an environmental protection agreement;\nif the act or omission that would, apart from this provision, have\nconstituted (whether in whole or in part) the contravention or breach\nwas authorised by or under this Act.\n","sortOrder":189},{"sectionNumber":"159A","sectionType":"section","heading":"National pollutant inventory—provision of information","content":"159A National pollutant inventory—provision of information\n(1) The occupier of a facility to which the national environment\nprotection (national pollutant inventory) measure applies, must give\nto the authority information required to be provided by the occupier\nof the facility under that measure in accordance with the measure.\nMaximum penalty: 10 penalty units.\nnational environment protection (national pollutant inventory)\nmeasure means the National Environment Protection (National\nPollutant Inventory) Measure dated 27 February 1998, as in force\nfrom time to time, made under the National Environment Protection\nCouncil Act 1994 .\n\n","sortOrder":190},{"sectionNumber":"160","sectionType":"section","heading":"Recovery of clean-up costs","content":"160 Recovery of clean-up costs\n(1) This section applies—\n(a) if—\n(i) an environment protection order requires a person to take\nspecified action to remedy specified environmental harm\nor likely environmental harm; and\n(ii) the person has failed to take the specified action; and\n(iii) the authority has taken the specified action instead; or\n(b) if—\n(i) a person has breached the general environmental duty; and\n(ii) environmental harm or likely environmental harm has been\ncaused by the breach; and\n(iii) it is impracticable to issue an environment protection order\nrequiring the person to take action to remedy the harm; and\n(iv) the authority has taken action to remedy the harm.\n(2) The authority may give the person who failed to take the specified\naction or who breached the duty, a notice requiring the person to pay\nthe specified amount, being the reasonable costs and expenses\nincurred by the authority in taking the action mentioned in\nsubsection (1) (a) (iii) or (b) (iv).\n(3) The notice must specify the date, not earlier than 20 working days\nafter the date of the notice, on or before which the amount is required\nto be paid.\n(4) If—\n(a) the authority has given a person a notice under subsection (2);\nand\n\n(b) the person has failed to pay the specified amount on or before\nthe specified date;\nso much of the amount as remains unpaid, together with interest on\nthe unpaid amount, is a debt due to the Territory by that person.\n","sortOrder":191},{"sectionNumber":"161","sectionType":"section","heading":"Assessment of reasonable costs and expenses","content":"161 Assessment of reasonable costs and expenses\nFor this Act, the reasonable costs and expenses that have been or\nwould be incurred by the authority or another person in taking any\naction are to be assessed by reference to—\n(a) the reasonable costs and expenses that would have been or\nwould be incurred if an independent contractor had been or were\nto be engaged for the purpose of taking that action; and\n(b) the reasonable administrative costs and expenses associated\nwith the taking of that action.\n","sortOrder":192},{"sectionNumber":"162","sectionType":"section","heading":"Verifying information","content":"162 Verifying information\n(1) If a person is required under this Act to give information to the\nauthority, the authority may require the person to give a statement\nverifying the truth of the information.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n(2) If the authority requires a person to give a statement verifying\ninformation given to the authority, the person must not be taken to\nhave given the information as required unless the person has given a\nstatement verifying the information.\n\n","sortOrder":193},{"sectionNumber":"163","sectionType":"section","heading":"Environmental record of directors, servants and agents","content":"163 Environmental record of directors, servants and agents\nIf, for this Act, it is necessary for the authority to consider the\nenvironmental record of a corporation or individual, the\nenvironmental record of a director, servant or agent of the\ncorporation, or a servant or agent of the individual, may be taken to\nbe part of the environmental record of the corporation or individual.\n","sortOrder":194},{"sectionNumber":"164","sectionType":"section","heading":"Evidentiary matters","content":"164 Evidentiary matters\n(1) A certificate purporting to be signed by the authority stating that—\n(a) on a specified date or during a specified period an environment\nprotection policy was or was not in effect under section 24; or\n(b) on a specified date or during a specified period, an\n(i) was or was not held by a specified person; or\n(ii) was or was not in effect; or\n(iii) was or was not subject to a specified condition; or\n(c) on a specified date, protection under section 78—\n(i) was or was not granted in relation to a specified\nenvironmental audit report; or\n(ii) was or was not subject to a specified condition; or\n(d) on a specified date, a specified environmental improvement plan\nwas or was not approved under section 71; or\n(e) on a specified date, a specified emergency plan was or was not\napproved under section 84;\nis evidence of the matters so stated.\n\n(2) A certificate purporting to be signed by the territory planning\nauthority stating that an area is an area to which the dictionary,\ndefinition of area of high conservation value, paragraph (a), (c)\nor (d) applies is evidence of the matter stated.\n","sortOrder":195},{"sectionNumber":"164A","sectionType":"section","heading":"Expiry of notifiable instruments","content":"164A Expiry of notifiable instruments\n(1) This section applies to a notifiable instrument under any of the\nfollowing provisions:\n• section 25 (Consultation on draft environment protection policy);\n• section 41 (Notification of environmental protection\nagreements);\n• section 48 (Consultation on application for environmental\nauthorisation);\n• section 50 (Notification of grant);\n• section 59 (Notification of review of environmental\nauthorisations).\n(2) If the notifiable instrument does not state when the instrument\nexpires, the instrument expires 6 months after the day it is notified.\n","sortOrder":196},{"sectionNumber":"164B","sectionType":"section","heading":"Incorporation of documents","content":"164B Incorporation of documents\n(1) A statutory instrument under this Act may apply, adopt or incorporate\na law or instrument as in force from time to time.\n(2) The Legislation Act, section 47 (5) and (6) do not apply to a law or\ninstrument applied, adopted or incorporated under a statutory\ninstrument under this Act (an incorporated law or instrument).\nNote An incorporated law or instrument does not need to be notified under the\nLegislation Act because s 47 (5) and (6) do not apply (see Legislation\nAct, s 47 (7)).\n(3) The authority must ensure an incorporated law or instrument is—\n(a) on the ACT legislation register; or\n\n(b) available for inspection without charge during ordinary business\nhours at an ACT government office; or\n(c) accessible without charge on an ACT government website, or by\na link on an ACT government website.\n(4) An incorporated law or instrument is not enforceable by or against\nthe Territory or anyone else unless it is made accessible in accordance\nwith subsection (3).\n(5) However, subsections (3) and (4) do not apply if the incorporated law\nor instrument is—\n(a) a law of another jurisdiction; or\n(b) an Australian Standard; or\n(c) an Australian/New Zealand Standard.\nNote Laws of other jurisdictions are available on each jurisdiction’s legislation\nwebsite. Standards are available at www.standards.org.au.\nlaw of another jurisdiction—see the Legislation Act, section 47 (10).\n","sortOrder":197},{"sectionNumber":"165","sectionType":"section","heading":"Determination of fees etc","content":"165 Determination of fees etc\n(1) The Minister may determine—\n(a) fees for this Act; or\n(b) the annual percentage rate at which interest payable under\nsection 90 (3), section 91K (3), section 91L or section 160 (4) is\nto be calculated; or\n(c) the annual percentage rate at which interest accruing under\nsection 91 (a) is to be calculated.\n(2) A determination is a disallowable instrument.\n\n","sortOrder":198},{"sectionNumber":"166","sectionType":"section","heading":"Regulation-making power","content":"166 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to the sampling and\nanalysis of pollutants.\n(3) A regulation may also prescribe offences for contraventions of a\nregulation and prescribe maximum penalties of not more than\n20 penalty units for offences against a regulation.\n(4) A regulation may make provision in relation to the distribution,\npurchase, sale, dispensation or use of petroleum products, including\nregulating or prohibiting certain conduct.\n(5) A regulation may make provision in relation to the lighting, use or\nmaintenance of a fire in the open air (other than a fire to which\nschedule 1, section 1.2, item 28 relates), including regulating or\nprohibiting certain conduct.\n(6) A regulation may make provision in relation to—\n(a) the manufacture, purchase, sale, storage, supply, transport, use,\ndisposal, discharge or emission of, or other dealing with, a\nspecified pollutant, article or other thing; or\n(b) the servicing of equipment containing a specified pollutant,\narticle or other thing; or\n(c) the servicing of equipment used in relation to the manufacture,\npurchase, sale, storage, supply, transport, use, disposal,\ndischarge or emission of, or other dealing with, a specified\npollutant, article or other thing;\nincluding regulating or prohibiting certain conduct.\n(7) A regulation may make provision in relation to ambient\nenvironmental standards.\n\n(8) A regulation may make provision in relation to preventing or limiting\npollution on development sites, including regulating or prohibiting\ncertain conduct.\n(9) A regulation may amend schedule 1—\n(a) by—\n(i) amending activities mentioned in the schedule, or\n(ii) adding activities to, or deleting activities from, the\nschedule; and\n(b) by making any other amendments of that schedule arising from,\nconnected with or consequential on an amendment under\nparagraph (a).\n\n","sortOrder":199},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Activities requiring","content":"Schedule 1 Activities requiring\nenvironmental authorisation\n(see s 42)\n1.1 Definitions for sch 1\nIn this schedule:\nairgun means a firearm, other than a paintball marker, that—\n(a) can propel, or is designed to propel, a projectile by means of—\n(i) any gas or mixture of gases, including air but not including\na gas or mixture of gases generated by an explosive; or\n(ii) a spring; and\n(b) is operated or designed for operation by means of a trigger or\nsimilar device.\naquifer means a geological formation or structure, or an artificial\nlandfill, permeated or capable of being permeated (whether\npermanently or intermittently) with water.\nauthorised concert venue means a concert venue where the holder of\nan environmental authorisation for the conduct of outdoor concert\nactivities is authorised to conduct such an activity.\nauthorised motor racing venue means a motor racing venue where\nthe holder of an environmental authorisation for the conduct of motor\nracing events is authorised to conduct such an activity.\nblank fire firearm—see the Firearms Act 1996, dictionary.\nbore means a bore, hole, well, excavation or other opening in the\nground or an underground cavity (whether occurring naturally or\nhaving been artificially constructed or modified)—\n(a) that is used, or is capable of being used, to intercept or collect\nground water; or\n\n(b) from which ground water is, or is capable of being, obtained or\nused; or\n(c) that is used, or is capable of being used, for the disposal of water\nor waste below the surface of the ground; or\n(d) that extends into an aquifer.\nclinical waste—see the Clinical Waste Act 1990, dictionary.\nconcert means a public performance of music the primary purpose of\nwhich is to entertain.\nconcert venue means a place or location where a concert is being, or\nis proposed to be, conducted.\nenvironmental standards means the ACT’s Environmental\nStandards: Assessment and Classification of Liquid and Non-liquid\nWastes published by Environment ACT, as in force for the time\nbeing.\nfirearm—\n(a) means a gun, or other weapon, that is, or at any time was,\ncapable of propelling a projectile by means of an explosive\nforce, however caused; and\n(b) includes an airgun; but\n(c) does not include—\n(i) a blank fire firearm; or\n(ii) a paintball marker.\nground water means water occurring or obtained from below the\nsurface of the ground, including water occurring in or obtained from\na bore or an aquifer, but not including water occurring in or obtained\nfrom any other system for the distribution, reticulation,\ntransportation, storage or treatment of water or waste.\n\nhazardous component, of electronic waste, means any component of\nthe electronic waste that has chemical, physical or biological\nproperties with the potential to cause harm to a person, property or\nthe environment.\nlive animal weight, for animals, means the weight of the animals\ncalculated on the basis that—\n(a) for birds—555 layer chickens, 1 100 broiler chickens,\n310 ducks, 165 geese, 110 turkeys or 17 emus represent 1t; or\n(b) for a stock feedlot—2 cattle, 13 goats, 2 horses or 22 sheep\nrepresent 1t; or\n(c) for a stock saleyard—2 cattle, 13 goats, 2 horses, 22 sheep,\n5 deer, 17 emus, 13 kangaroos, 5 breeding sows, 17 porker pigs\nor 11 baconer pigs represent 1t.\nlogging includes the cutting and removal of pulpwood.\nmobile plant, for the processing of agricultural crops, means plant\noperated on a temporary basis at a place for not more than 6 months\nin a year.\nmotor racing event means—\n(a) a motor vehicle race or practice for a motor vehicle race; or\n(b) a motor vehicle reliability trial or speed test, including a trial or\ntest for which the vehicles have been exempted under the road\ntransport legislation from the provisions of that legislation about\nattaching silencers to the exhaust pipes of motor vehicles, rules\nof the road and speed limits during the trial or test.\npaintball marker means a device that shoots capsules of paint, or a\nsimilar substance, for the game of paintball.\nNote The Macquarie Dictionary, 4th ed, defines paintball as a game in which\nplayers participate in mock military skirmishes using guns which fire\ncapsules of paint instead of bullets.\npest—see the Biosecurity Act 2023, section 11.\n\nreceiving waters means ground water or water in a waterway.\nregulated waste—see section 1.1A.\nroad transport legislation—see the Road Transport (General)\nstock—see the Stock Act 2005, dictionary.\nstormwater means water run-off from an urban area that is normally\ncollected by the stormwater system.\nstormwater system means a system of pipes, gutters, drains,\nfloodways and channels, being public works constructed to collect or\ntransport stormwater in or through an urban area.\nwaste means any solid, liquid or gas, or any combination of them, that\nis a surplus product or unwanted by-product of an activity, whether\nthe product or by-product is of value or not.\nwastewater means water that is the by-product of an activity if the\nwater—\n(a) contains other matter (whether in a solid, liquid or gaseous\nstate); or\n(b) if added to receiving waters—has the potential to pollute those\nwaters.\nwater includes water that contains impurities.\nwaterway means—\n(a) a river, creek, stream or other natural channel in which water\nflows (whether permanently or intermittently); or\n(b) a channel formed (whether in whole or part) by altering or\nrelocating a waterway described in paragraph (a), and includes\nthe stormwater system; or\n\nSection 1.1A\n(c) a lake, pond, lagoon or marsh (whether formed by geomorphic\nprocesses or by works) in which water collects (whether\ncontinuously or intermittently);\nand includes the bed that the water in the waterway normally flows\nover or is covered by and the banks that the water in the waterway\nnormally flows between or is contained by, but does not include land\nnormally not part of the waterway that may be covered from time to\ntime by floodwaters from the waterway.\nyear means any 12 month period.\n1.1A Meaning of regulated waste\n(1) In this schedule:\nregulated waste means waste that is, or contains, 1 or more of the\nfollowing kinds of waste:\n(a) hazardous waste;\n(b) group A waste;\n(c) group B waste;\n(d) group C waste;\n(e) industrial waste.\n(2) An expression used in subsection (1) and defined in the\nenvironmental standards has the same meaning as in the standards.\n1.2 Class A activities\nFor section 42, the following activities are class A activities:\nTable 1.2\nitem\n1 the extraction of more than 100m3 of material (other than water) from a\nwaterway\n\nitem\n2 the operation of equipment designed to extract more than 30 000t per year\nof material (other than ground water) from land outside a waterway\n3 the operation of an incineration facility for the destruction of waste by\nthermal oxidation (including biological, veterinary, medical, dental,\nquarantine and municipal wastes)\n4 the sterilisation of clinical waste\n5 the conduct of a crematorium for the reduction by means of thermal\noxidation of human bodies to cremated remains\n6 the operation of a commercial landfill facility that receives, or is intended\nby the operator to receive, more than 5 000t of waste per year\n7 the acceptance of more than 100m3 of soil for placement on land by a lessee\n(or for land under a land sublease, the sublessee) or occupier of the land if\nthe land is in—\n(a) an area identified in the territory plan as land in any of the\nfollowing zones:\nBroadacre; Rural; Hills, Ridges and Buffer; River Corridor;\nMountains and Bushland; or\n(b) an area identified in the territory plan as an area where plantation\nforestry is permitted subject to development assessment; or\n(c) an area identified in the national capital plan as any of the\nBroadacre Areas; Rural Areas; Hills, Ridges and Buffer Spaces;\nRiver Corridors; Mountains and Bushland\n8 transport activities to which the National Environment Protection\n(Movement of Controlled Waste between States and Territories) Measure\ndated 26 June 1998, as in force from time to time, made under the National\nEnvironment Protection Council Act 1994, applies\n9 the transportation, from 1 place in the ACT to another place in the ACT, for\nfee or reward of—\n(a) 200kg or more of regulated waste, other than waste consisting only\nof stabilised asbestos waste in bonded matrix; or\n(b) 2t or more of used, rejected or unwanted tyres (including shredded\ntyres and tyre pieces)\n\nitem\n10 sewage treatment if the activity involves the discharge of treated or\nuntreated sewage or septic tank effluent to land or water and having a peak\nloading capacity designed for more than 100 people per day, other than an\nactivity involving the recycling of wastewater if there is no discharge to\nreceiving waters\n11 the treatment (other than by incineration), storage or handling of more than\n1 000m3 of contaminated soil from land outside the parcel of land where the\ncontaminated soil is treated, stored or handled\n12 the treatment (other than by incineration), storage or handling of more than\n10 000m3 of contaminated soil from land\n13 the operation of a facility at which more than 800 animals per day may be\nmilked\n14 the operation of a facility designed to process more than 30 000kL of milk\nor milk products per year\n15 the operation of a facility designed to process more than 30 000t of\nagricultural crops per year, other than—\n(a) the processing of grapes or grape products, milk or milk products\nor forestry products; or\n(b) the processing of agricultural crops by a mobile plant on a farm\n16 commercial aquaculture, being the propagation or rearing of fish or other\naquatic organisms in the course of which supplementary feeding is used\n17 the operation of a stock feedlot—\n(a) for the rearing or fattening of stock fed entirely or largely on\nprepared or manufactured feed; and\n(b) that is designed to accommodate at any one time more than 200t\nlive animal weight of stock in a confinement area;\nother than a feedlot operated for drought or similar emergency relief or for\nthe holding of stock at an abattoir or saleyard\n18 the keeping of poultry, game birds or emus if the premises where the birds\nare kept is designed to accommodate at any one time more than 180t live\nanimal weight of birds\n\nitem\n19 the operation of commercial stock saleyards (including associated transport\nloading facilities) that sells or exchanges, or is intended by the operator to\nsell or exchange, more than 10 000t live animal weight of animals per year\n20 the operation of an abattoir or another facility for the processing of the\nproducts of slaughtered animals (other than for the tanning of animal skins\nor fellmongery) designed to process more than 3 000kg of live animals per\nday\n21 the commercial cleaning or carbonising of wool at a facility designed to\nprocess more than 200t of wool per year\n22 the processing of animal skins or other animal products (including\nfellmongery) to produce leather or other similar products\n23 outdoor concert activities using amplifying equipment if the venue has the\ncapacity to hold more than 2 000 people and is not an authorised concert\nvenue\n24 the management of a concert venue that has the capacity to hold more than\n2 000 people where outdoor concert activities using amplifying equipment\nare held\n25 the generation of electricity by a generator classified as a scheduled\ngenerating unit under the national electricity rules, clause 2.2.2, under the\nNational Electricity (ACT) Law\n26 motor racing events, other than motor racing events held at an authorised\nracing venue\n27 the management of a motor racing venue where motor racing events are\nheld\n\nitem\n28 lighting, using or maintaining a fire in the open air, or causing or permitting\na fire to be lit, used or maintained in the open air, for the purpose of burning\nplant matter—\n(a) to reduce a fire hazard; or\n(b) to clear the land; or\n(c) to conserve biological diversity or ecological integrity\nNote The Emergencies Act 2004 contains an offence about lighting etc fire\nduring a total fire ban (see that Act, s 116). That Act may also require\nthe owner of land to obtain oral approval or a permit before lighting\netc a fire on the land (see that Act, s 123 and s 126A).\n29 the commercial use of chemical products registered under the Agricultural\nand Veterinary Chemicals Code as in force for the time being under the\nAgricultural and Veterinary Chemicals Code Act 1994 (Cwlth) for pest\ncontrol or turf management\n30 the storage of petroleum products in a facility designed to store more than\n50m3 of products\n31 the production of petroleum products (other than the recovery, processing or\ndisposal of petroleum product waste) at a facility designed to produce more\nthan 100t of petroleum products per year\n32 the operation of a facility that recovers, processes or disposes, or is intended\nby the operator to recover, process or dispose, of more than 20t of waste\npetroleum products per year\n33 the operation of an aerodrome for helicopters (other than a facility used\nonly for the emergency medical evacuation, retrieval or rescue of people by\nhelicopter) if—\n(a) the aerodrome is operated for more than 2 weeks; and\n(b) the number of take-offs and landings by helicopters is, or is\nintended by the operator to be, more than 30 per week; and\n(c) the aerodrome is located less than 1km from a dwelling not\nassociated with the aerodrome\n34 the conduct of a logging operation that logs, or is intended by the operator\nto log, more than 5 000t of timber per year\n\nitem\n35 the commercial production of alcoholic beverages or distilled alcohol at a\nfacility designed to produce more than—\n(a) 30 kL of alcoholic beverages or distilled alcohol per day; or\n(b) 10 000kL of alcoholic beverages or distilled alcohol per year\n36 the conduct of an operation that applies to land, or is intended by the\noperator to apply to land, more than 500t per year of organic products\nproduced by the treatment of sewerage for the improvement of soil\n37 the operation of a facility that composts, or is intended by the operator to\ncompost, more than 200t of animal waste, or 5 000t of plant waste, per year\n38 timber chipping, pulping or milling at a facility (other than at a joinery or\nretail timber yard) designed to process or produce more than 30 000m3 of\ntimber or wood products per year\n39 the manufacture of things in furnaces or kilns (including bricks, glass,\npipes, pottery goods and tiles) at a facility designed to produce 10 000t or\nmore of things per year\n40 the preservation of wood for commercial purposes using chemicals\n(including copper, chromium, arsenic and creosote) at a facility designed to\nprocess 10 000m3 or more of wood per year\n41 the production of concrete or concrete products at a facility designed to\nproduce more than 7 000m3 of concrete per year\n42 the production of road building materials by the mixing of ground rock\naggregate and bituminous materials at a production facility that—\n(a) is, or is intended to be, located at the one site for more than 1 year;\nand\n(b) is designed to produce more than 30 000t of road building\nmaterials per year\n43 the operation of a facility for the crushing, grinding or separating of\nmaterials (including sand, gravel, rock, minerals, slag, road base, concrete,\nbricks, tiles, asphaltic material, metal or timber) into different sizes, if the\nprocessing facility is designed to produce more than 10 000t of processed\nmaterials per year\n\nSection 1.3\nitem\n44 the operation of a firearm shooting range\nNote A person commits an offence if the person operates a shooting\nrange other than an approved shooting range. Also, a person\ncommits an offence if the person operates an approved shooting\nrange and is not licensed to operate the shooting range (see\nFirearms Act 1996, s 224).\n45 the operation of a waste transfer station receiving 30 000t or more of waste\neach year\n46 the operation of a commercial facility for the treatment of the hazardous\ncomponents of electronic waste\n1.3 Class B activities\nFor section 42, the following activities are class B activities:\nTable 1.3\nitem\n1 the manufacture of things in furnaces or kilns (including bricks, glass,\npipes, pottery goods and tiles) at a facility designed to produce between\n100t and 10 000t of things per year\n2 the preservation of wood for commercial purposes using chemicals\n(including copper, chromium, arsenic and creosote) at a facility designed to\nprocess less than 10 000m3 of wood per year\n3 forestry activities, being the growing, harvesting and management of\nforestry products\n4 major land development or construction activities, being—\n(a) land development, or the construction of a commercial building, on\na site of 0.3ha or more and including the construction of associated\npublic infrastructure; or\n(b) the construction of public infrastructure on a site of 0.3ha or more;\nbut not including the installation of pipes or lines for linear utilities such as\ngas, water, electricity and telephone\n\nSection 1.3\nitem\n5 management of municipal services maintenance on unleased land, being the\nmaintenance of—\n(a) urban parkland or other municipal landscapes; or\n(b) public places, public roads or public footpaths; or\n(c) the stormwater system\n6 wastewater recycling that discharges recycled water onto land or into a\nwaterway if the recycling involves—\n(a) the treatment for the purpose of reuse of wastewater (including\neffluent) in a treatment plant that has a capacity of greater than\n3ML per year; or\n(b) the reuse of more than 3ML per year\n7 the commercial collection of waste from commercial premises\n8 the operation of a commercial facility for the storage and dismantling of\nelectronic waste\n\nPreliminary Part 2.1\nSection 2.1\n(see s 145)\nPart 2.1 Preliminary\n2.1 Definitions for sch 2\nIn this schedule:\nAS/NZS 4012 means AS/NZS 4012 (Domestic solid fuel burning\nappliances—Method for determination of power output and\nefficiency) as in force from time to time.\nNote AS/NZS 4012 may be purchased at www.standards.org.au.\nAS/NZS 4013 means AS/NZS 4013 (Domestic solid fuel burning\nappliances—Method for determination of flue gas emission), as in\nforce from time to time.\nNote AS/NZS 4013 may be purchased at www.standards.org.au.\nfuel-burning equipment means a furnace, boiler, fireplace, oven,\nretort, incinerator, internal-combustion engine, chimney or any other\napparatus, device, mechanism or structure, in the operation of which\ncombustible material is, or is intended to be, used or that is, or is\nintended to be, used in relation to the burning of combustible material.\nresidential premises means premises that are used exclusively or\nprimarily for residential purposes.\nsell includes exhibit or offer for sale (whether by wholesale or retail)\nand supply by way of exchange, lease, hire or credit sale.\nsolid fuel-burning equipment means fuel-burning equipment that is\ndesigned to burn hard wood, soft wood or briquettes and to which\nAS/NZS 4012 or AS/NZS 4013 apply.\n\nPart 2.2 Offences relating to articles that emit noise\nSection 2.2\nPart 2.2 Offences relating to articles that\nemit noise\n2.2 Sale of articles that emit excessive noise\nA person must not sell a prescribed article that, when in operation,\nemits noise that exceeds the prescribed level.\n\nOffences relating to fuel-burning equipment Part 2.3\nSection 2.3\nPart 2.3 Offences relating to fuel-burning\nequipment\n2.3 Emission of pollutants in excess of prescribed\nconcentrations\n(1) A person must not use, or cause or permit to be used, on any premises,\na fuel that contains more than the prescribed proportion of a\nprescribed constituent unless the activity is authorised by an\n(2) A person who contravenes subsection (1) commits an indictable\n2.4 Sale or installation of solid fuel-burning equipment\nwithout certification or plate\n(1) A person commits an offence if—\n(a) the person sells fuel-burning equipment; and\n(b) the equipment is solid fuel-burning equipment; and\n(c) the equipment is sold for use at residential premises; and\n(d) 1 or more of the requirements mentioned in subsection (3) are\nnot met in relation to the equipment.\n(2) A person commits an offence if—\n(a) the person installs fuel-burning equipment on premises; and\n(b) the equipment is solid fuel-burning equipment; and\n(c) the premises are residential premises; and\n\nPart 2.3 Offences relating to fuel-burning equipment\nSection 2.4\n(d) 1 or more of the requirements mentioned in subsection (3) are\nnot met in relation to the equipment.\n(3) For subsections (1) (d) and (2) (d), the following requirements apply\nin relation to solid fuel-burning equipment:\n(a) if AS/NZS 4012 applies to the equipment—\n(i) a certificate of compliance issued by a certifying entity\nmust be in force, certifying—\n(A) that the equipment, or equipment of the same model\nand manufacturer, has been tested in accordance with\nAS/NZS 4012; and\n(B) the overall average efficiency under AS/NZS 4012 of\nthe tested equipment; and\n(ii) the certified overall average efficiency of the tested\nequipment must be equal to, or higher than, the minimum\noverall average efficiency prescribed by regulation; and\n(iii) a plate marked in accordance with AS/NZS 4012 must be\nattached to the equipment; and\n(b) if AS/NZS 4013 applies to the equipment—\n(i) a certificate of compliance issued by a certifying entity\nmust be in force, certifying—\n(A) that the equipment, or equipment of the same model\nand manufacturer, has been tested in accordance with\nAS/NZS 4013; and\n(B) the appliance particulate emission factor under\nAS/NZS 4013 for the tested equipment; and\n\nOffences relating to fuel-burning equipment Part 2.3\nSection 2.5\n(ii) the certified appliance particulate emission factor for the\ntested equipment must be equal to, or less than, the\nmaximum appliance particulate emission factor prescribed\nby regulation; and\n(iii) a plate marked in accordance with AS/NZS 4013 must be\nattached to the equipment.\n(4) Subsections (1) and (2) do not apply—\n(a) to solid fuel-burning equipment prescribed by regulation; or\n(b) if the person has a reasonable excuse.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (4) (see Criminal Code, s 58).\n(5) The authority may declare an entity to be a certifying entity.\n(6) A declaration under subsection (5) is a disallowable instrument.\n(7) In this section:\ncertifying entity means an entity declared to be a certifying entity by\nthe authority under subsection (5).\n2.5 Interference with solid fuel-burning equipment or\nattached plates\n(1) A person must not alter the information on, or remove, a plate\nattached to solid fuel-burning equipment that contains information\nrequired to be marked on a plate in accordance with—\n(a) AS/NZS 4012, section 8; or\n(b) AS/NZS 4013, section 10.\n(2) A person must not mark on solid fuel-burning equipment that the\nequipment complies with 1 or both of the following standards if the\nequipment does not comply with the standard:\n(a) AS/NZS 4012 (other than the required overall efficiency for the\nequipment);\n\nPart 2.3 Offences relating to fuel-burning equipment\nSection 2.5\n(b) AS/NZS 4013 (other than the required appliance particulate\nemission factor).\n(3) A person who sells solid fuel-burning equipment for use on\nresidential premises, or installs solid fuel-burning equipment on\nresidential premises, must not alter in a material way—\n(a) the structure, exhaust system or inlet air system of the\nequipment; or\n(b) a part of the equipment that is involved in the combustion\nprocess.\n(4) Subsection (3) does not apply to the sale or installation of prescribed\nequipment.\n(5) A person who, without reasonable excuse, contravenes\nsubsection (1), (2) or (3) commits an indictable offence.\n\nSummary proceedings for indictable offences Part 2.5\nSection 2.14\nPart 2.5 Summary proceedings for\nindictable offences\n2.14 Certain offences may be dealt with summarily\n(1) A proceeding for an offence against this schedule must be heard and\ndecided by the Magistrates Court.\n(2) If, in accordance with subsection (1), the Magistrates Court hears and\ndecides a proceeding for an offence, the court may not impose a fine\nexceeding 20 penalty units.\n\n(see pt 14)\nitem\n1 21 (4) refuse to exclude document\nor part of document from\nbeing made available to the\npublic\napplicant\n2 21A (4) refuse to remove entry\nfrom the register\nentity that entry relates to\n3 43 (1) notify entity not to\nconduct, or continue to\nconduct, stated activity\nunless person holds\n4 43 (4) refuse to revoke notice\nunder section 43 (1)\nperson conducting or\n5 49 (1) (a),\nitem 30)\n6 49 (1) (a),\nitem 30) for stated period\n\nReviewable decisions Schedule 3\nitem\n7 49 (1) (a),\nitem 30) subject to stated\ncondition\n8 49 (1) (b),\n(2) (b), (3) (b)\nor (4) (b)\nrefuse to grant\n9 57 (2) decide not to take any\naction under this Act\n10 58 cancel accredited\n11 60 (1) vary environmental\n12 60 (1) refuse to vary\nauthorisation on\napplication\n13 63 (1) suspend environmental\n14 63 (1) cancel environmental\ncancelled\n15 63 (2) suspend environmental\nauthorisation until stated\ncondition fulfilled\n16 63 (2) refuse to lift suspension of\nauthorisation on ground\nthat stated condition not\nfulfilled\n\nitem\n17 69 (1) require entity to prepare\nand submit for approval\ndraft environmental\nproposing to conduct\n18 71 (1) (d) reject draft environmental\nimprovement plan and\nrequire plan to be amended\nand resubmitted\nentity that submitted plan\n19 71 (2) (b) reject draft environmental\nentity that submitted plan\n20 72 (3) refuse to accredit\napplicant for accreditation\n21 75 (1) refuse to approve person to\nconduct particular\nenvironmental audit\nperson refused approval or\nentity that commissions\nenvironmental audit\n22 75 (4) remove name of auditor\nfrom list maintained by\nauthority\nauditor whose name is\nremoved from list\n23 76 (1) require entity to\ncommission environmental\naudit and submit report on\naudit\n24 76 (2) require entity to\ncommission environmental\naudit of contaminated land\n25 78 (3) refuse to grant protection\nin relation to\nenvironmental audit report\napplicant for protection\n26 78 (3) grant protection in relation\nto environmental audit\nreport subject to stated\nconditions\napplicant for protection\n\nReviewable decisions Schedule 3\nitem\n27 82 (1) require entity to prepare\nand submit for approval\ndraft emergency plan\n28 84 (1) (d) reject draft emergency plan\nand require plan to be\namended and resubmitted\nentity required to submit\nplan\n29 84 (2) (b) reject draft emergency plan entity required to submit\nplan\n30 91C (1) make order to conduct\nassessment\nappropriate person\n31 91D (1) make order to remediate appropriate person\n32 91D (8) refuse to consent to\ntransfer or sublet\napplicant for consent\n33 91G (1) refuse to extend period for\ncompliance\napplicant for extension\n34 91G (1) extend for period less than\nthat applied for\napplicant for extension\n35 91K require stated person to pay\nreasonable costs and\nexpenses\nappropriate person against\nwhom order made\n36 110 (4) decide to dispose of seized\nthing\nowner or entity that had\npossession/custody/control\nof thing immediately before\nit was seized or entity that\nhas legal/equitable interest\nin thing\n37 125 (1) serve environment\nprotection order\n38 125 (1) serve environment\nprotection order that\nimpose stated requirements\nmentioned in s 125 (5)\n\nitem\n39 125 (2) or (3) serve environment\nprotection order\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• AS (see s 164 (1))\n• Commonwealth\n• director-general (see s 163)\n• disallowable instrument (see s 9)\n• exercise\n• found guilty\n• function\n• indictable offence (see s 190)\n• Minister (see s 162)\n• national capital plan\n• National Electricity (ACT) Law\n• notifiable instrument (see s 10)\n• penalty unit (see s 133)\n• public employee\n• public holiday\n• public servant\n• public trustee and guardian\n• reviewable decision notice\n• State\n• territory law\n• territory plan\n• territory planning authority.\nactivity means a current or proposed activity including a process,\noperation, project, venture or business.\n\nairgun, for schedule 1 (Activities requiring environmental\nanalyst means an analyst under section 15.\nappropriate person means the appropriate person under section 91I.\napproved use, for division 9.5 (Assessment and remediation)—see\nsection 91A.\naquifer, for schedule 1 (Activities requiring environmental\narea of high conservation value means—\n(a) an area identified in the territory plan as—\n(i) a wilderness area; or\n(ii) a national park; or\n(iii) a nature reserve; or\n(iv) a cemetery or burial ground; or\n(b) a place, other than a structure or group of structures, registered\nunder the Heritage Act 2004; or\n(c) the area identified in the territory plan as the river corridor zone\nfor the Murrumbidgee River; or\n(d) any other prescribed area.\nAS/NZS 4012, for schedule 2 (Specific offences)—see schedule 2,\nsection 2.1.\nAS/NZS 4013, for schedule 2 (Specific offences)—see schedule 2,\nsection 2.1.\nassessment order, for part 9 (Environmental protection)—see\nsection 91J.\nauditor, for division 9.2 (Environmental audits)—see section 73.\n\nauthorisation fee, for an environment authorisation, means the fee\npayable in relation to the authorisation.\nauthorised activity means an activity in relation to which there is an\nauthorised concert venue, for schedule 1 (Activities requiring\nauthorised motor racing venue, for schedule 1 (Activities requiring\nauthorised officer means an authorised officer under section 14.\nauthority means the Environment Protection Authority under\nsection 11.\nblank fire firearm, for schedule 1 (Activities requiring environmental\nauthorisation)—see the Firearms Act 1996, dictionary.\nbore, for schedule 1 (Activities requiring environmental\nclinical waste, for schedule 1 (Activities requiring environmental\nauthorisation)—see the Clinical Waste Act 1990, dictionary.\nconcert, for schedule 1 (Activities requiring environmental\nconcert venue, for schedule 1 (Activities requiring environmental\nconduct includes acts and omissions.\nconnected, for part 11 (Powers of authorised officers)—see\nsection 95.\nconsultation period, for part 4 (Environment protection policies)—\nsee section 25 (1).\ncontaminated, in relation to land—see section 4.\n\ndevelopment means the following:\n(a) building, altering, repairing or demolishing a building or\nstructure on land;\n(b) disposing of waste materials generated by altering or\ndemolishing a building or structure on land;\n(c) carrying out earthworks or other construction work on or under\nland;\n(d) carrying out work that would affect the landscape of land.\ndraft environment protection policy, for part 4 (Environment\nprotection policies)—see section 23B.\nEIS, for part 10 (Functions of the Minister)—see environmental\nimpact statement.\nelectronic equipment means equipment that requires an electric\ncurrent or electromagnetic field to function.\nExamples—electronic equipment\ntelevisions, fridges, computers, mobile phones, drills, remote control cars\nelectronic waste means waste electronic equipment.\nemergency plan means an emergency plan described in section 81.\nenforceable undertaking, for part 14A (Enforceable undertakings)—\nsee section 136E.\nenter, for part 11 (Powers of authorised officers)—see section 95.\nenvironment means each of the following:\n(a) the components of the earth, including soil, the atmosphere and\nwater;\n(b) any organic or inorganic matter and any living organism;\n(c) human made or modified structures and areas;\n(d) ecosystems and their constituent parts, including people and\ncommunities;\n\n(e) the qualities and characteristics of places and areas that\ncontribute to their biological diversity and ecological integrity,\nscientific value, and amenity;\n(f) the interactions and interdependencies within and between the\nthings mentioned in paragraphs (a) to (e);\n(g) the social, aesthetic, cultural and economic conditions that\naffect, or are affected by, the things mentioned in paragraphs (a)\nto (e).\nenvironmental audit, for division 9.5 (Assessment and\nremediation)—see section 91A.\n(a) for this Act generally—means an environmental authorisation\nunder part 8 (Environmental authorisations); and\n(b) for part 8—see section 41A.\nenvironmental emergency, for division 9.3 (Emergency plans)—see\nsection 80.\nenvironmental harm means any impact on the environment as a\nresult of human activity that has the effect of degrading the\nenvironment (whether temporarily or permanently).\nenvironmental impact statement (or EIS), for part 10 (Functions of\nthe Minister)—see the Planning Act 2023, section 94 (c).\nenvironmental nuisance means an unreasonable interference with\nthe enjoyment by the public, a section of the public or a person of a\nplace or area, if the interference caused or likely to be caused by—\n(a) dust, fumes, light, noise, odour or smoke; or\n(b) an unhealthy, unsightly or otherwise offensive condition\nbecause of pollution.\nenvironmental protection agreement means an environmental\nprotection agreement under section 38.\n\nenvironmental record means the environmental record of a person\nboth in the ACT and elsewhere, and includes any action taken by the\nperson for this Act.\nenvironmental standards, for schedule 1 (Activities requiring\nenvironmental undertaking, for part 14A (Enforceable\nundertakings)—see section 136F (2).\nenvironment protection order means an environment protection\norder under section 125.\nenvironment protection policy—\n(a) for this Act generally—means an environment protection policy\nunder part 4 (Environment protection policies); and\n(b) for part 4—see section 23B.\nNote A reference to an instrument (including a policy) includes a reference to\nthe instrument as originally made and as amended (see Legislation Act,\ns 102).\nfinancial assurance means a financial assurance under section 85.\nfirearm, for schedule 1 (Activities requiring environmental\nfuel-burning equipment, for schedule 2 (Specific offences)—see\nschedule 2, section 2.1.\ngeneral environmental duty means the duty of care described in\nsection 22 (1).\nground water, for schedule 1 (Activities requiring environmental\nhazardous component, of electronic waste, for schedule 1 (Activities\nrequiring environmental authorisation)—see schedule 1, section 1.1.\ninformation discovery order means an information discovery order\nunder section 133.\n\ninquiry, for part 10 (Functions of the Minister)—see the Planning\nAct 2023, dictionary.\ninternally reviewable decision, for part 14 (Notification and review\nof decisions)—see section 135.\nland includes water on or below the surface of land and the bed of\nsuch water.\nland sublease—see the Planning Act 2023, dictionary.\nlive animal weight, for schedule 1 (Activities requiring\nlogging, for schedule 1 (Activities requiring environmental\nmaterial environmental harm means environmental harm—\n(a) that is significant, including environmental harm that becomes\nsignificant—\n(b) that is to an area of high conservation value, other than harm that\nis trivial or negligible; or\n(c) that results in loss or damage to property to the value of more\nthan $5 000; or\n(d) that results in necessary remedial action costing more than\n$5 000.\nmobile plant, for schedule 1 (Activities requiring environmental\nmotor racing event, for schedule 1 (Activities requiring\n\nmotor vehicle—see the Road Transport (General) Act 1999,\ndictionary.\nnational environment protection measure, for division 9.5\n(Assessment and remediation)—see section 91A.\noffence, for part 11 (Powers of authorised officers)—see section 95.\npaintball marker, for schedule 1 (Activities requiring environmental\npest, for schedule 1 (Activities requiring environmental\nauthorisation)—see the Biosecurity Act 2023, section 11.\npollutant means—\n(a) a gas, liquid or solid; or\n(b) dust, fumes, odour or smoke; or\n(c) an organism (whether alive or dead), including a virus and a\nprion; or\n(d) energy, including heat, noise or radioactivity, or light or other\nelectromagnetic radiation; or\n(e) anything prescribed; or\n(f) a combination of 1 or more of the things described in\nparagraphs (a) to (e);\nthat, when discharged, emitted, deposited or disturbed, may cause\npollute includes to cause or fail to prevent the discharge, emission,\ndepositing, disturbance or escape of a pollutant.\npremises, for part 11 (Powers of authorised officers)—see section 95.\npreparation requirements, for division 9.3 (Emergency plans)—see\nsection 80.\nprescribed activity means—\n(a) a class A activity listed in schedule 1, section 1.2; or\n\n(b) a class B activity listed in schedule 1, section 1.3; or\n(c) an activity in relation to which a person has been given a notice\nunder section 43 (1).\nreceiving waters, for schedule 1 (Activities requiring environmental\nregister means the register kept under section 21A.\nregulated waste, for schedule 1 (Activities requiring environmental\nauthorisation)—see schedule 1, section 1.1A.\nremediation, in relation to contaminated land, includes—\n(a) preparing a long-term management plan (if any) for the land;\nand\n(b) removing, dispersing, destroying, reducing, mitigating or\ncontaining the contamination of the land; and\n(c) eliminating or reducing any hazard arising from the\ncontamination of the land (including by preventing the entry of\npeople or animals on the land).\nremediation order, for part 9 (Environmental protection)—see\nsection 91J.\nresidential premises—\n(a) for part 11 (Powers of authorised officers)—see section 95; and\n(b) for schedule 2 (Specific offences)—see schedule 2, section 2.1.\nreviewable decision, for part 14 (Notification and review of\ndecisions)—see section 135.\nroad transport legislation, for schedule 1 (Activities requiring\nenvironmental authorisation)—see the Road Transport (General)\nsell, for schedule 2 (Specific offences)—see schedule 2, section 2.1.\n\nserious environmental harm means environmental harm—\n(a) that is very significant, including environmental harm that\nbecomes very significant—\n(b) that is to an area of high conservation value and is significant,\nincluding environmental harm that becomes significant—\n(c) that results in loss or damage to property to the value of more\nthan $50 000; or\n(d) that results in necessary remedial action costing more than\n$50 000.\nsolid fuel-burning equipment, for schedule 2 (Specific offences)—\nsee schedule 2, section 2.1.\nstock, for schedule 1 (Activities requiring environmental\nauthorisation)—see the Stock Act 2005, dictionary.\nstormwater, for schedule 1 (Activities requiring environmental\nstormwater system, for schedule 1 (Activities requiring\nsubstance, for division 9.5 (Assessment and remediation)—see\nsection 91A.\nwaste, for schedule 1 (Activities requiring environmental\n\nwaste transfer station means a facility that sorts, consolidates or\ntemporarily stores solid waste (including municipal waste) for\ntransfer to another site for disposal, storage, reprocessing, recycling,\nuse or reuse.\nwastewater, for schedule 1 (Activities requiring environmental\nwater, for schedule 1 (Activities requiring environmental\nwaterway, for schedule 1 (Activities requiring environmental\nworking day means a day other than a Saturday, a Sunday, a public\nholiday or a day that is a holiday for public servants.\nyear, for schedule 1 (Activities requiring environmental\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":200},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEnvironment Protection Act 1997 A1997-92\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nremainder commenced 1 June 1998 (s 2 (3))\nas amended by\nBuilding (Amendment) Act (No 2) 1998 A1998-52 sch\nnotified 16 November 1998 (Gaz 1998 No S205)\nss 1-3 commenced 16 November 1998 (s 2 (1))\nsch commenced 4 January 1999 (Gaz 1999 No S1)\nEnvironment Protection (Amendment) Act 1999 A1999-54\nnotified 17 September 1999 (Gaz 1999 No S54)\nss 1-3 commenced 17 September 1999 (s 2 (1))\nremainder (ss 4-26) commenced 17 March 2000 (s 2 (3))\nRoad Transport Legislation Amendment Act 1999 A1999-79 sch 3\nnotified 23 December 1999 (Gaz 1999 No S65)\ns 1, s 2 commenced 23 December 1999 (IA s 10B)\nsch 3 commenced 1 March 2000 (s 2 and Gaz 2000 No S5)\nEnvironment Protection Amendment Act 2000 A2000-12\nnotified 6 April 2000 (Gaz 2000 No 14)\ncommenced 6 April 2000 (s 2)\nEnvironment Protection (Prescribed Activities) Regulations\n","sortOrder":201},{"sectionNumber":"2000","sectionType":"section","heading":"SL2000-31","content":"2000 SL2000-31\nnotified 20 July 2000 (Gaz 2000 No 29)\ncommenced 20 July 2000 (reg 2)\nEnvironment Protection (Legislation) Regulations 2000 SL2000-36\npt 2\nnotified 21 September 2000 (Gaz 2000 No 38)\ncommenced 21 September 2000 (reg 2)\n\nEnvironment Protection Legislation Amendment Act 2000 A2000-55\npt 2\nnotified 5 October 2000 (Gaz 2000 No 40)\ns 1, s 2 commenced 5 October 2000 (IA s 10B)\npt 2 (s 3, s 4) commenced 5 April 2001 (IA s 10E)\nEnvironment Protection Regulations Amendment 2001 SL2001-9 pt 2\nnotified 5 April 2001 (Gaz 2001 No 14)\nreg 1 commenced 5 April 2001 (IA s 10B)\npt 2 (regs 2-5) commenced 5 April 2001 (reg 1)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 130\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 130 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nEnvironment Protection Amendment Act 2001 A2001-91\nnotified LR 24 September 2001\ns 1, s 2 commenced 24 September 2001 (LA s 75)\nremainder (ss 3-24) commenced 24 September 2001 (s 2)\nLegislation Amendment Act 2002 A2002-11 pt 2.19\nnotified LR 27 May 2002\ns 1, s 2 commenced 27 May 2002 (LA s 75)\npt 2.19 commenced 28 May 2002 (s 2 (1))\nPlanning and Land (Consequential Amendments) Act 2002 A2002-56\nsch 3 pt 3.5\nnotified LR 20 December 2002\ns 1, s 2 commenced 20 December 2002 (LA s 75 (1))\nsch 3 pt 3.5 commenced 1 July 2003 (s 2 and see Planning and Land\nAct 2002 A2002-55, s 2)\nStatute Law Amendment Act 2003 A2003-41 sch 3 pt 3.9\nnotified LR 11 September 2003\ns 1, s 2 commenced 11 September 2003 (LA s 75 (1))\nsch 3 pt 3.9 commenced 9 October 2003 (s 2 (1))\n\nAnnual Reports Legislation Amendment Act 2004 A2004-9 sch 1\npt 1.13\nnotified LR 19 March 2004\ns 1, s 2 commenced 19 March 2004 (LA s 75 (1))\nsch 1 pt 1.13 commenced 13 April 2004 (s 2 and see Annual Reports\n(Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)\nConstruction Occupations Legislation Amendment Act 2004\nA2004-13 sch 2 pt 2.10\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.10 commenced 1 September 2004 (s 2 and see\nConstruction Occupations (Licensing) Act 2004 A2004-12, s 2 and\nCN2004-8)\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 1 pt 1.13, sch 2 pt 2.33\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 1 pt 1.13, sch 2 pt 2.33 commenced 9 April 2004 (s 2 (1))\nEnvironment Legislation Amendment Act 2004 A2004-23 pt 3\nnotified LR 19 May 2004\ns 1, s 2 commenced 19 May 2004 (LA s 75 (1))\npt 3 commenced 19 July 2004 (s 2 and CN2004-13)\nEmergencies Act 2004 A2004-28 pt 3.9\nnotified LR 29 June 2004\ns 1, s 2 commenced 29 June 2004 (LA s 75 (1))\npt 3.9 commenced 1 July 2004 (s 2 (1) and CN2004-11)\nHeritage Act 2004 A2004-57 sch 1 pt 1.4\nnotified LR 9 September 2004\ns 1, s 2 commenced 9 September 2004 (LA s 75 (1))\nsch 1 pt 1.4 commenced 9 March 2005 (s 2 and LA s 79)\nStock Act 2005 A2005-19 sch 1 pt 1.2\nnotified LR 13 April 2005\ns 1, s 2 commenced 13 April 2005 (LA s 75 (1))\nsch 1 pt 1.2 commenced 26 August 2005 (s 2 and CN2005-13)\n\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.19\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.19 commenced 12 November 2005 (s 2 (2) and LA s 79)\nStatute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.9\nnotified LR 21 December 2005\ns 1, s 2 commenced 21 December 2005 (LA s 75 (1))\nsch 3 pt 3.9 commenced 11 January 2006 (s 2 (1))\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.37\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.37 commenced 12 April 2007 (s 2 (1))\nStatute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.12\nnotified LR 20 June 2007\ns 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))\nsch 3 pt 3.12 commenced 11 July 2007 (s 2 (1))\nEnvironment Protection (Fuel Sales Data) Amendment Act 2007\nA2007-17 pt 2\nnotified LR 14 June 2007\ns 1, s 2 commenced 14 June 2007 (LA s 75 (1))\npt 2 commenced 1 July 2007 (s 2)\nPlanning and Development (Consequential Amendments) Act 2007\nA2007-25 sch 1 pt 1.12\nnotified LR 13 September 2007\ns 1, s 2 commenced 13 September 2007 (LA s 75 (1))\nsch 1 pt 1.12 commenced 31 March 2008 (s 2 and see Planning and\nDevelopment Act 2007 A2007-24, s 2 and CN2008-1)\nEnvironment Protection Amendment Regulation 2007 (No 2)\nSL2007-35\nnotified LR 25 October 2007\ns 1, s 2 commenced 25 October 2007 (LA s 75 (1))\nremainder commenced 26 October 2007 (s 2)\n\nStatute Law Amendment Act 2007 (No 3) A2007-39 sch 1 pt 1.1, sch 3\npt 3.13\nnotified LR 6 December 2007\ns 1, s 2 commenced 6 December 2007 (LA s 75 (1))\nsch 1 pt 1.1, sch 3 pt 3.13 commenced 27 December 2007 (s 2)\nEnvironment Protection Amendment Regulation 2007 (No 3)\nSL2007-39\nnotified LR 17 December 2007\ns 1, s 2 commenced 17 December 2007 (LA s 75 (1))\nremainder commenced 18 December 2007 (s 2)\nMedicines, Poisons and Therapeutic Goods Act 2008 A2008-26\nsch 2 pt 2.10\nnotified LR 14 August 2008\ns 1, s 2 commenced 14 August 2008 (LA s 75 (1))\nsch 2 pt 2.10 commenced 14 February 2009 (s 2 and LA s 79)\nEnvironment Protection Amendment Regulation 2008 (No 1)\nSL2008-34\nnotified LR 14 August 2008\ns 1, s 2 commenced 14 August 2008 (LA s 75 (1))\nremainder commenced 15 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.39\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.39 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nStatute Law Amendment Act 2009 A2009-20 sch 1 pt 1.1, sch 3 pt 3.28\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 1 pt 1.1, sch 3 pt 3.28 commenced 22 September 2009 (s 2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.27\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.27 commenced 17 December 2009 (s 2)\n\nEnvironment Protection Amendment Regulation 2009 (No 3)\nSL2009-55\nnotified LR 11 December 2009\ns 1, s 2 commenced 11 December 2009 (LA s 75 (1))\nremainder commenced 12 December 2009 (s 2)\nStatute Law Amendment Act 2010 A2010-18 sch 3 pt 3.5\nnotified LR 13 May 2010\ns 1, s 2 commenced 13 May 2010 (LA s 75 (1))\nsch 3 pt 3.5 commenced 3 June 2010 (s 2)\nEnvironment Protection Amendment Regulation 2010 (No 1)\nSL2010-31\nnotified LR 2 August 2010\ns 1, s 2 commenced 2 August 2010 (LA s 75 (1))\nremainder commenced 3 August 2010 (s 2)\nStatute Law Amendment Act 2011 A2011-3 sch 3 pt 3.18\nnotified LR 22 February 2011\ns 1, s 2 commenced 22 February 2011 (LA s 75 (1))\nsch 3 pt 3.18 commenced 1 March 2011 (s 2)\nEnvironment Protection Amendment Act 2011 A2011-8\nnotified LR 16 March 2011\ns 1, s 2 commenced 16 March 2011 (LA s 75 (1))\nremainder commenced 17 March 2011 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.62\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.62 commenced 1 July 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.13\nnotified LR 31 August 2011\ns 1, s 2 commenced 31 August 2011 (LA s 75 (1))\nsch 3 pt 3.13 commenced 21 September 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.24\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.24 commenced 12 December 2011 (s 2)\n\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.17\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.17 commenced 5 June 2012 (s 2 (2))\nCommissioner for the Environment Amendment Act 2012 A2012-25\nsch 1 pt 1.1\nnotified LR 28 May 2012\ns 1, s 2 commenced 28 May 2012 (LA s 75 (1))\nsch 1 pt 1.1 commenced 29 May 2012 (s 2)\nJustice and Community Safety Legislation Amendment Act 2012\n(No 2) A2012-30 sch 1 pt 1.3\nnotified LR 13 June 2012\ns 1, s 2 commenced 13 June 2012 (LA s 75 (1))\nsch 1 pt 1.3 commenced 14 June 2012 (s 2)\nDirectors Liability Legislation Amendment Act 2013 A2013-4 sch 1\npt 1.2\nnotified LR 21 February 2013\ns 1, s 2 commenced 21 February 2013 (LA s 75 (1))\nsch 1 pt 1.2 commenced 22 February 2013 (s 2)\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.16\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.16 commenced 14 June 2013 (s 2)\nAct 2013 (No 2) A2013-40 pt 2\nnotified LR 6 November 2013\ns 1, s 2 commenced 6 November 2013 (LA s 75 (1))\npt 2 commenced 27 January 2014 (s 2 and CN2014-1)\nEnvironment Protection Amendment Act 2014 A2014-52 pt 2\nnotified LR 11 November 2014\ns 1, s 2 commenced 11 November 2014 (LA s 75 (1))\ns 7, ss 9-12, s 33 commenced 11 May 2015 (s 2 (2) and LA s 79)\npt 2 remainder commenced 12 November 2014 (s 2 (1))\n\nPlanning, Building and Environment Legislation Amendment Act\n","sortOrder":202},{"sectionNumber":"2015","sectionType":"section","heading":"A2015-12 pt 6","content":"2015 A2015-12 pt 6\nnotified LR 20 May 2015\ns 1, s 2 commenced 20 May 2015 (LA s 75 (1))\npt 6 commenced 21 May 2015 (s 2)\nStatute Law Amendment Act 2015 A2015-15 sch 3 pt 3.7\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 3 pt 3.7 commenced 10 June 2015 (s 2)\nAnnual Reports (Government Agencies) Amendment Act 2015\nA2015-16 sch 1 pt 1.10\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 1 pt 1.10 commenced 3 June 2015 (s 2)\nPlanning and Development (University of Canberra and Other\nLeases) Legislation Amendment Act 2015 A2015-19 pt 7\nnotified LR 11 June 2015\ns 1, s 2 commenced 11 June 2015 (LA s 75 (1))\npt 7 commenced 1 July 2015 (s 2 and CN2015-9)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.23\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.23 commenced 14 October 2015 (s 2)\nAct 2016 A2016-2 pt 4\nnotified LR 23 February 2016\ns 1, s 2 commenced 23 February 2016 (LA s 75 (1))\npt 4 commenced 24 February 2016 (s 2)\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.21\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.21 commenced 1 April 2016 (s 2 and see Protection of\nRights (Services) Legislation Amendment Act 2016 A2016-1 s 2)\n\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 3 pt 3.22\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.22 commenced 27 April 2016 (s 2)\nAct 2016 (No 2) A2016-24 pt 5\nnotified LR 11 May 2016\ns 1, s 2 commenced 11 May 2016 (LA s 75 (1))\npt 5 commenced 12 May 2016 (s 2 (1))\nEmergencies Amendment Act 2016 A2016-33 sch 1 pt 1.9\nnotified LR 20 June 2016\ns 1, s 2 commenced 20 June 2016 (LA s 75 (1))\nsch 1 pt 1.9 commenced 21 June 2016 (s 2)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.24\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.24 commenced 1 September 2016 (s 2)\nAct 2017 A2017-3 pt 3\nnotified LR 22 February 2017\ns 1, s 2 commenced 22 February 2017 (LA s 75 (1))\npt 3 commenced 23 February 2017 (s 2)\nRed Tape Reduction Legislation Amendment Act 2017 A2017-17 pt 6\nnotified LR 14 June 2017\ns 1, s 2 commenced 14 June 2017 (LA s 75 (1))\npt 6 commenced 31 August 2017 (s 2 (2))\nAct 2017 (No 2) A2017-20 pt 6\nnotified LR 15 June 2017\ns 1, s 2 commenced 15 June 2017 (LA s 75 (1))\npt 6 commenced 16 June 2017 (s 2)\n\nRoad Transport Reform (Light Rail) Legislation Amendment Act 2017\nA2017-21 sch 1 pt 1.7\nnotified LR 8 August 2017\ns 1, s 2 commenced 8 August 2017 (LA s 75 (1))\nsch 1 pt 1.7 commenced 15 August 2017 (s 2)\nPlanning and Environment Legislation Amendment Act 2019\nA2019-20 pt 3\nnotified LR 8 August 2019\ns 1, s 2 commenced 8 August 2019 (LA s 75 (1))\npt 3 commenced 9 August 2019 (s 2)\nEmergencies Amendment Act 2020 A2020-47 sch 1 pt 1.1\nnotified LR 3 September 2020\ns 1, s 2 commenced 3 September 2020 (LA s 75 (1))\nsch 1 pt 1.1 commenced 4 September 2020 (s 2)\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.15\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.15 commenced 23 June 2021 (s 2 (1))\nEmergencies Amendment Act 2021 A2021-30 sch 1 pt 1.2\nnotified LR 10 December 2021\ns 1, s 2 commenced 10 December 2021 (LA s 75 (1))\nsch 1 pt 1.2 commenced 11 December 2021 (s 2)\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.13\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.13 commenced 24 August 2022 (s 2)\nWater Resources Amendment Act 2023 A2023-26 sch 1 pt 1.1\nnotified LR 7 July 2023\ns 1, s 2 commenced 7 July 2023 (LA s 75 (1))\nsch 1 pt 1.1 commenced 8 July 2023 (s 2)\n\nPlanning (Consequential Amendments) Act 2023 A2023-36\nsch 1 pt 1.24\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.24 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nBiosecurity Legislation Amendment Act 2024 A2024-11 sch 2 pt 2.3,\nsch 3 pt 3.4\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\nsch 2 pt 2.3, sch 3 pt 3.4 commenced 15 May 2025 (s 2 and see\nBiosecurity Act 2023 A2023-50, s 2 (2))\nEnvironment Protection Legislation Amendment Act 2024 A2024-35\npt 2\nnotified LR 10 July 2024\ns 1, s 2 commenced 10 July 2024 (LA s 75 (1))\ns 4, s 40 commenced 10 January 2025 (s 2 (2))\npt 2 remainder commenced 11 July 2024 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.36, sch 4\npt 4.70\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.36, sch 4 pt 4.70 commenced 16 November 2025 (s 2 (1),\n(9))\n\nObjects\ns 2 orig s 2\nom A2001-44 amdt 1.1472\npres s 2\n(prev s 3) am A1999-54 s 4; A2001-91 s 4; pars renum R12\nLA; A2007-3 amdt 3.183\nrenum as s 2 A2007-3 amdt 3.184\nam A2011-28 amdt 3.83; A2012-25 amdt 1.1\nom A2014-52 s 4\ns 3 orig s 3\nrenum as s 2\npres s 3\nins A2007-3 amdt 3.190\nam A2011-28 amdt 3.84; A2023-36 amdt 1.129\nNotes\ns 3A ins A2007-3 amdt 3.190\nOffences against Act—application of Criminal Code etc\ns 3B ins A2013-19 amdt 3.113\nam A2014-52 s 5; A2024-35 s 4\nObjects of Act\ns 3C ins A2014-52 s 6\nam A2024-35 s 5\nPrinciples applying to Act\ns 3D ins A2014-52 s 6\nam A2024-35 s 6, s 7\nMeaning of contaminated land\ns 4 am A1999-54 s 5 (b); A2001-44 amdt 1.1473\ndefs reloc to dict A2007-3 amdt 3.189\nsub A2007-3 amdt 3.190\ndef contaminated or contamination ins A1999-54 s 5 (a)\nom A2007-3 amdt 3.186\ndef determined fee om A2001-44 amdt 1.1475\ndef environmental authorisation om A2007-3 amdt 3.187\ndef heritage places register om A2004-57 amdt 1.6\ndef heritage register ins A2004-57 amdt 1.6\nom A2007-3 amdt 3.188\ndef Territory plan om A2001-44 amdt 1.1477\ndef this Act om A2001-44 amdt 1.1478\nThings taken to have impact causing environmental harm\ns 5 am A2007-3 amdt 3.191\n\nApplication of Act to Emergencies Act 2004\ns 6 sub A2004-28 amdt 3.25\nam A2012-21 amdt 3.69, amdt 3.70\nsub A2016-33 amdt 1.23\nam A2020-47 amdts 1.1-1.3; pars renum R61 LA\nLimitation of application in relation to certain people and things\ns 8 am A1999-54 s 6; A1999-79 sch 3; A2017-21 amdt 1.19,\namdt 1.20; A2022-14 amdt 3.75; A2024-11 amdt 3.9\nCriminal liability of the Territory\ns 10 sub A2002-11 amdt 2.39\nam A2005-20 amdt 3.147\nsub A2014-52 s 7\nam A2024-35 s 8\nEnvironment Protection Authority\ndiv 2.1 hdg (prev pt 2 div 1 hdg) renum R2 LA\nEnvironment Protection Authority\ns 11 am A2001-91 s 6, s 7\nsub A2007-3 amdt 3.192\n(2)-(4) exp 12 April 2008 (s 11 (4) (LA s 88 declaration\napplies))\nam A2011-22 amdt 1.196\nAuthority’s functions\ns 12 sub A2007-16 amdt 3.47\nam A2017-3 s 5\nDelegation by authority\ns 13 sub A2007-16 amdt 3.48; A2013-40 s 4\nAuthorised officers\ns 14 sub A2007-3 amdt 3.193\n(4)-(6) exp 12 April 2008 (s 14 (6) (LA s 88 declaration\napplies))\nam A2011-22 amdt 1.196\nAnalysts\ns 15 sub A2007-3 amdt 3.194\nam A2008-26 amdt 2.69\nIdentity cards\ns 16 am A2011-22 amdt 1.196; A2022-14 amdt 3.76\nDisclosure of interests\ns 17 am A2007-16 amdt 3.49; A2011-22 amdt 1.196; A2016-52\namdt 1.81\nLegal immunity\ns 18 am A2007-16 amdt 3.50; A2022-14 amdt 3.76\n\nPublic access to documents\ndiv 2.2 hdg (prev pt 2 div 2 hdg) renum R2 LA\nsub A2024-35 s 9\nPublic access to documents\ns 19 hdg sub A2024-35 s 10\ns 19 am A1999-54 s 7; pars renum R6 LA; A2014-52 s 8; A2024-35\nss 11-17; pars renum R67 LA\nCopies of documents\ns 20 om A2024-35 s 18\nExclusion of material from public access\ns 21 am A1999-54 s 8; pars renum R6 LA; A2008-37 amdt 1.163\nsub A2024-35 s 19\nRegister of contaminated sites\ndiv 2.3 hdg (prev pt 2 div 3 hdg) ins A1999-54 s 9\nrenum R2 LA\nRegister of contaminated sites\ns 21A ins A1999-54 s 9\nam A2002-56 amdt 3.31; A2014-52 ss 9-12; ss renum R44 LA;\nA2023-36 amdt 1.130\nNotification of making of certain entries in register\ns 21B ins A1999-54 s 9\nam A2001-44 amdts 1.1479-1.1481; A2011-28 amdt 3.112;\nA2015-33 amdt 1.70; A2024-35 ss 20-22; A2025-29\nDuty to notify existence of contaminated land\ns 23A ins A1999-54 s 10\nam A2015-19 ss 29-31\nDefinitions for pt 4\ns 23B ins A2001-44 amdt 1.1482\ns 24 am A2001-91 s 8\nConsultation on draft environment protection policy\ns 25 sub A2001-44 amdt 1.1483\nam A2011-28 amdt 3.112; A2015-33 amdt 1.71; A2016-2 s 6;\nA2024-35 s 23, s 24; A2025-29 amdt 4.70\nConsideration of suggestions etc and revision of draft environment\nprotection policy\ns 26 sub A2001-44 amdt 1.1483\nMaking of environment protection policy\ns 27 sub A2001-44 amdt 1.1483\n\nNotification of environment protection policies etc\ns 28 sub A2001-44 amdt 1.1483\nam A2015-33 amdt 1.72; A2024-35 s 25; A2025-29 amdt 4.70\nInspection\ns 29 om A2024-35 s 26\nAccrediting codes of practice\ns 31 am A2001-44 amdts 1.1484-1.1486; A2011-28 amdt 3.111;\nPublic notice of accredited codes of practice\ns 32 am A2001-44 amdt 1.1487\nsub A2015-33 amdt 1.73\nam A2024-35 s 27\nRegulation may make provision for schemes\ns 37 am A2001-44 amdt 1.1488, amdt 1.1489\nEntering agreements\ns 38 sub A2014-52 s 13\nForm and terms of agreements\ns 39 am A2013-19 amdt 3.114; A2014-52 s 14\nNotification of environmental protection agreements\ns 41 sub A2001-44 amdt 1.1490\nam A2001-91 s 9; A2011-28 amdt 3.111, amdt 3.112;\nA2015-33 amdt 1.74; ss renum R49 LA; A2024-35 s 28;\nInterpretation for pt 8\npt 8 div 1A hdg ins A1999-54 s 11\nMeaning of environmental authorisation\ns 41A ins A1999-54 s 11\nAuthority may require environmental authorisation\ns 43 am A2022-14 amdt 3.77\nCompliance with authorisation\ns 45 am A2014-52 s 15, s 16\nKinds of authorisation\ns 46 am A2011-28 amdt 3.85\nApplication\ns 47 am A2001-44 amdts 1.1491-1.1493; A2015-19 s 32, s 33;\n\nConsultation on application for environmental authorisation\ns 48 sub A2001-44 amdt 1.1494\nam A2011-28 amdt 3.111, amdt 3.112; A2015-33 amdt 1.75;\nss renum R49 LA; A2025-29 amdt 4.70\nGrant\ns 49 am A2003-41 amdt 3.215; A2007-25 amdt 1.43, amdt 1.44;\nA2014-52 s 17; ss renum R43 LA; A2023-36 amdt 1.131,\namdt 1.132\nNotification of grant\ns 50 am A2001-44 amdt 1.1495; A2001-91 s 10; A2011-28\namdt 3.111, amdt 3.112; A2014-52 s 18, s 19; A2024-35\ns 29; A2025-29 amdt 4.70\nKinds of conditions\ns 51 am A2001-44 amdt 1.1496; A2001-91 s 11; A2013-19\namdt 3.115; A2014-52 s 20; A2025-29 amdt 4.70\nPeriod of authorisation\ns 52 am A2001-44 amdt 1.1497, amdt 1.1498\nAuthorisation fees\ns 53 sub A2001-44 amdt 1.1499\nDetermination of fee instalments\ns 54 om A2001-44 amdt 1.1500\nNonpayment of fees\ns 55 am A2001-44 amdt 1.1501\nRefund and remission of fees\ns 56 om A2001-44 amdt 1.1502\nReview of certain authorisations\ns 57 sub A2011-8 s 4\nNotification of review of environmental authorisations\ns 59 sub A2001-44 amdt 1.1503\nam A2011-28 amdt 3.112; A2015-33 amdt 1.76; A2024-35\ns 30; A2025-29 amdt 4.70\nMatters required to be taken into account for certain decisions under div 8.2\ns 61 am A2023-26 amdt 1.1; pars renum R65 LA; A2024-35 s 31\nNotice of intention to vary an authorisation\ns 62 am A2014-52 s 21; A2022-14 amdt 3.78\nSuspension and cancellation\ns 63 am A2014-52 s 22\n\nRecognised environmental authorisations\ns 67A ins A1999-54 s 12\nam A2001-44 amdt 1.1504, amdt 1.1505; A2009-49 amdt 3.64\nreloc after s 67 A2009-49 amdt 3.65\nam A2011-28 amdt 3.111; A2025-29 amdt 4.70\nEnvironmental improvement plans\ndiv 9.1 hdg (prev pt 9 div 1 hdg) renum R2 LA\nContents of environmental improvement plan\ns 68 am A2001-91 s 12\nAuthority may require environmental improvement plan\ns 69 am A2001-44 amdt 1.1506\nSubmission of environmental improvement plan\ns 70 om A2001-44 amdt 1.1507\nAccreditation of voluntary improvement plans\ns 72 am A2022-14 amdt 3.79\nEnvironmental audits\ndiv 9.2 hdg (prev pt 9 div 2 hdg) renum R2 LA\nConduct of audits\ns 74 am A2019-20 s 5\nCertain auditors to be approved\ns 75 am A1999-54 s 13\nAuthority may require environmental audit\ns 76 am A1999-54 s 14; A2001-44 amdts 1.1508-1.1510; A2017-20\ns 13\nRequests for auditor’s statements\ns 76A ins A1999-54 s 15\nam A2011-28 amdt 3.86; A2014-52 ss 23-25; pars renum R43\nLA; A2021-12 amdt 3.34\nAnnual returns—auditors\ns 76B ins A1999-54 s 15\nam A2001-44 amdts 1.1511-1.1513; A2001-91 s 13;\nA2021-12 amdt 3.34\nProtection for reports of voluntary audits\ns 78 am A2001-44 amdts 1.1514-1.1516; A2022-14 amdt 3.79;\nEmergency plans\ndiv 9.3 hdg (prev pt 9 div 3 hdg) renum R2 LA\nAuthority may require emergency plan\ns 82 am A2001-44 amdt 1.1517\n\nSubmission of emergency plan\ns 83 om A2001-44 amdt 1.1518\nFinancial assurances\ndiv 9.4 hdg (prev pt 9 div 4 hdg) renum R2 LA\nClaim on or realisation of financial assurance\ns 88 am A2014-52 s 26\nNotice before claim on or realisation of a financial assurance\ns 89 am A2014-52 s 27, s 28\nRecovery of extra costs\ns 90 am A2001-44 amdt 1.1519, amdt 1.1520; A2014-52 s 29\nMoney held by Territory as financial assurance\ns 91 am A2001-44 amdt 1.1521, amdt 1.1522\nAssessment and remediation\npt 9 div 5 hdg ins A1999-54 s 16\nDefinitions for div 9.5\ns 91A hdg sub R2 LA (see also A2001-91 s 15)\ns 91A ins A1999-54 s 16\nam A2001-91 s 15; A2007-3 amdt 3.195; A2015-15 amdt 3.38;\nA2019-20 s 6; pars renum R60 LA\nAssessment of risk of harm\ns 91B ins A1999-54 s 16\nam A2013-19 amdt 3.116\nOrder to assess whether land contaminated\ns 91C ins A1999-54 s 16\nam A2001-44 amdt 1.1523, amdt 1.1524; A2015-15 amdt\n3.39; A2019-20 s 7\nOrder to remediate land\ns 91D ins A1999-54 s 16\nam A2001-44 amdt 1.1525, amdt 1.1526; A2015-15 amdt\n3.39; A2015-19 s 34, s 35; A2019-20 s 8, s 9\nNotification of certain people about orders for assessment or remediation\ns 91E ins A1999-54 s 16\nam A2015-19 s 36, s 37; A2024-35 s 32\nCertain documents to be available free of charge\ns 91F ins A1999-54 s 16\nsub A2024-35 s 33\nExtension of time\ns 91G ins A1999-54 s 16\n\nFurther information\ns 91H ins A1999-54 s 16\nChoice of appropriate person\ns 91I ins A1999-54 s 16\nam A2011-28 amdt 3.87; A2015-19 ss 38-41; A2016-13\namdt 1.61; A2022-14 amdt 3.80\nCosts of assessment and remediation\npt 9 div 6 hdg ins A1999-54 s 16\nMeaning of assessment order and remediation order\ns 91J ins A1999-54 s 16\nRecovery of costs associated with assessment or remediation\ns 91K ins A1999-54 s 16\nam A2001-44 amdt 1.1527, amdt 1.1528\nPriority for costs if owner insolvent\ns 91L ins A1999-54 s 16\nam A2001-44 amdt 1.1529, amdt 1.1530\nRecovery of costs—assessment and remediation\ns 91M ins A1999-54 s 16\nCosts—person responsible for contamination\ns 91N ins A1999-54 s 16\nLiability for losses\ns 91O ins A1999-54 s 16\nam A2015-19 s 42\nDirector of body corporate that is wound-up\ns 91P ins A1999-54 s 16\nDirector of body corporate that disposed of land\ns 91Q ins A1999-54 s 16\nHolding company of body corporate that is wound-up\ns 91R ins A1999-54 s 16\nFuel sales information\npt 9A hdg ins A2007-17 s 4\nFuel sales—provision of information\ns 92 am A2001-44 amdts 1.1531-1.1533\nom A2001-91 s 16\nins A2007-17 s 4\nam A2011-22 amdt 1.196; A2021-12 amdt 3.34\nConfidential commercial information must not be disclosed\ns 92A ins A2007-17 s 4\nam A2011-22 amdt 1.196; A2025-29 amdt 3.100\n\nDefinitions—pt 10\ns 92B ins A2007-25 amdt 1.45\ndef environmental impact statement or EIS ins A2007-25\namdt 1.45\ndef inquiry ins A2007-25 amdt 1.45\nDirections of Minister\ns 93 am A2001-44 amdt 1.1534; A2011-28 amdt 3.88; ss renum\nR35 LA; A2022-14 amdt 3.81; A2024-35 s 34; A2025-29\nEnvironmental impact statements and inquiries\ns 94 sub A2007-25 amdt 1.46\nam A2023-36 amdt 1.134\nApplication of Planning Act 2023, pt 6.3\ns 94A hdg sub A2023-36 amdt 1.135\ns 94A ins A2007-25 amdt 1.46\nam A2010-18 amdt 3.5; A2023-36 amdts 1.136-1.139\nPowers of authorised officers\npt 11 hdg sub A2007-3 amdt 3.196\nDefinitions—pt 11\ns 95 sub A2007-16 amdt 3.51\ndef connected sub A2007-16 amdt 3.51\ndef enter sub A2007-16 amdt 3.51\ndef offence sub A2007-16 amdt 3.51\ndef premises sub A2007-16 amdt 3.51\ndef residential premises sub A2007-16 amdt 3.51\nIdentity cards must be produced\ns 98 am A2022-14 amdt 3.82\nInspection of premises—routine inspections\ns 99 am A2001-91 s 17\nInspection of premises—search warrant\ns 100 am A2022-14 amdt 3.82\nRoutine inspections—serious and urgent circumstances\ns 101 sub A2001-91 s 18\nProcedure if samples taken\ns 102 om A2014-52 s 30\nConsent to entry\ns 103 am A2022-14 amdt 3.82\n\nEntry and exercise of powers\ns 107 am A2022-14 amdt 3.82\nDisposal\ns 110 am A2015-33 amdt 1.77; A2022-14 amdt 3.83\nPower to require name and address\ns 111 am A2022-14 amdt 3.84\nPowers of analysts\npt 12 hdg sub A2007-3 amdt 3.197\nEntry of premises\ns 112 am A2022-14 amdt 3.85\nEvidence of analysis\ns 113 am A2022-14 amdt 3.86\nOn-the-spot fines\ndiv 13.1 hdg om A2005-20 amdt 3.148\nDefinitions for div 13.1\ns 114 om A2005-20 amdt 3.148\ndef administrative charge om A2005-20 amdt 3.148\ndef minor environmental offence om A2005-20 amdt 3.148\ndef on-the-spot fine om A2005-20 amdt 3.148\nInfringement notices\ns 115 am A1999-54 s 17; pars renum R12 LA\nom A2005-20 amdt 3.148\nFirst notice\ns 116 om A2005-20 amdt 3.148\nFinal notice\ns 117 om A2005-20 amdt 3.148\nDischarge of liability\ns 118 om A2005-20 amdt 3.148\nApplication for withdrawal of infringement notices\ns 119 om A2005-20 amdt 3.148\nWithdrawal of infringement notices\ns 120 om A2005-20 amdt 3.148\nProsecution of minor environmental offences\ns 121 om A2005-20 amdt 3.148\nNon-antecedent value of infringement notice offences\ns 122 om A2005-20 amdt 3.148\nService of notices\ns 123 om A2005-20 amdt 3.148\n\nEvidence\ns 124 om A2005-20 amdt 3.148\nEnvironment protection orders\ns 125 am A1999-54 s 18; ss, pars renum R6 LA; A2015-15\namdt 2.29; A2015-19 s 43, s 44\nCosts—public interest\ns 130 am A2013-19 amdt 3.116\nInformation discovery orders\ns 133 am A2014-52 s 31; A2015-15 amdt 3.39\nNotification and review of decisions\npt 14 hdg sub A2008-37 amdt 1.164; A2014-52 s 32\nDefinitions—pt 14\ns 135 am A1999-54 s 19; pars renum R6 LA\nsub A2008-37 amdt 1.164; A2014-52 s 32\ndef internally reviewable decision ins A2014-52 s 32\ndef reviewable decision ins A2014-52 s 32\nReviewable decision notices\ns 136 om A2001-91 s 19\nins A2008-37 amdt 1.164\nsub A2014-52 s 32\nam A2025-29 amdt 4.70\nApplications for internal review\ns 136A ins A2014-52 s 32\nApplications for review\ns 136B ins A2008-37 amdt 1.164\nsub A2014-52 s 32\nReview by authority\ns 136C ins A2014-52 s 32\nApplications for review\ns 136D ins A2014-52 s 32\nam A2025-29 amdt 4.70\nEnforceable undertakings\npt 14A hdg ins A2014-52 s 33\nDefinitions—pt 14A\ns 136E ins A2014-52 s 33\ndef enforceable undertaking ins A2014-52 s 33\ndef environmental undertaking ins A2014-52 s 33\nMaking of environmental undertakings\ns 136F ins A2014-52 s 33\n\nAcceptance of environmental undertaking\ns 136G ins A2014-52 s 33\nWithdrawal from or amendment of enforceable undertaking\ns 136H ins A2014-52 s 33\nEnding enforceable undertaking\ns 136I ins A2014-52 s 33\nUndertaking not admission of fault etc\ns 136J ins A2014-52 s 33\nContravention of enforceable undertakings\ns 136K ins A2014-52 s 33\nEffect of enforceable undertaking on other proceedings\ns 136L ins A2014-52 s 33\nCausing serious environmental harm or likely serious environmental harm\ns 137 hdg am A2014-52 s 34\ns 137 am A2014-52 s 34\nCausing material environmental harm or likely material environmental harm\ns 138 hdg am A2014-52 s 35\ns 138 am A2014-52 s 35\nCausing environmental harm or likely environmental harm\ns 139 hdg am A2014-52 s 35\ns 139 am A2014-52 s 36\nLiability limited to harm caused by excess pollutants\ns 144 am A2014-52 s 37\nExtensions of liability for offences\ndiv 15.2 hdg sub A2004-15 amdt 1.14\nActs and omissions of representatives\ns 146 sub A2004-15 amdt 1.15\nCriminal liability of executive officers\ns 147 sub A2013-4 amdt 1.2\nam A2014-52 s 38; A2025-29 amdt 3.101\nNotice to authority of alteration to equipment and works\ns 149 am A1998-52 sch; A2003-41 amdt 3.216; A2004-13\namdt 2.44; A2007-25 amdt 1.47; A2023-36 amdt 1.140\nSelf-incrimination\ns 150 am A2004-15 amdt 2.68\nFailing to comply with requirement of inspector\ns 151 hdg sub A2004-15 amdt 2.69\ns 151 am A2004-15 amdt 2.70, amdt 2.71\n\nFalse or misleading statements\ns 152 om A2004-15 amdt 2.72\nDue diligence\ns 153 am A2005-20 amdt 3.149; A2014-52 s 39; A2022-14\namdt 3.87\nDefence of emergency\ns 154 am A2005-20 amdt 3.149; A2014-52 s 40\nStrict liability offences\ns 155 am A1999-54 s 20; A2005-20 amdt 3.149\nAdditional court orders\ns 157 am A2014-52 s 41\nAnnual reports to deal with environmental matters\ns 158A ins A2000-12 s 3\nam A2004-9 amdt 1.17, amdt 1.18; A2004-23 s 15; A2007-3\namdt 3.198; A2011-22 amdt 1.196\nom A2015-16 amdt 1.14\nNational pollutant inventory—provision of information\ns 159A ins A1999-54 s 21\nam A2001-44 amdt 1.1535, amdt 1.1536; A2021-12\namdt 3.34\nRecovery of clean-up costs\ns 160 am A1999-54 s 22; A2001-44 amdt 1.1537, amdt 1.1538;\nA2014-52 s 42\nVerifying information\ns 162 am A2011-52 amdt 3.88; A2013-19 amdt 3.117\nsub A2016-18 amdt 3.102\nEvidentiary matters\ns 164 am A2002-56 amdt 3.31; A2004-57 amdt 1.7; A2007-3\namdt 3.199; A2023-36 amdt 1.141\nExpiry of notifiable instruments\ns 164A ins A2009-20 amdt 1.1\nIncorporation of documents\ns 164B ins A2024-35 s 35\nDetermination of fees etc\ns 165 am A1999-54 s 23\nsub A2001-44 amdt 1.1539\nam A2005-20 amdt 3.150; A2011-3 amdt 3.203; A2025-29\n\nApproved forms\ns 165A ins A2001-44 amdt 1.1539\nam A2011-3 amdt 3.204\nom A2021-12 amdt 3.35\nRegulation-making power\ns 166 am A2001-44 amdt 1.1540; ss renum R2 LA (see A2001-44\namdt 1.1541); A2011-3 amdt 3.205; A2013-19\namdts 3.118-3.121; A2014-52 s 43; ss renum R43 LA;\nA2024-35 s 36, s 37; A2025-29 amdt 4.70\nReview of Act\ns 167 sub A2001-91 s 20\nom A2007-39 amdt 3.48\nActivities requiring environmental authorisation\nsch 1 ss renum R12 LA\nam A2015-19 s 45\nDefinitions for sch 1\ns 1.1 def airgun ins SL2008-34 s 4\ndef blank fire firearm ins SL2008-34 s 4\nsub A2011-28 amdt 3.89\ndef clinical waste ins A2001-91 s 21\nsub A2007-3 amdt 3.200\ndef environmental standards ins SL2000-36 reg 3\ndef firearm ins SL2008-34 s 4\ndef firewood ins A2000-55 s 4\nom SL2001-9 reg 3\ndef hazardous component ins A2014-52 s 44\ndef live animal weight ins SL2000-31 amdt 1.1\ndef logging ins SL2000-31 amdt 1.1\ndef mobile plant ins SL2000-31 amdt 1.1\ndef motor racing event am A1999-79 sch 3\ndef National Electricity (ACT) Law ins A2005-62 amdt 3.117\nom A2011-52 amdt 3.89\ndef ozone-depleting substance om A2007-39 amdt 1.1\ndef paintball marker ins SL2008-34 s 4\ndef pest ins A2024-11 amdt 2.6\ndef primary production om A2007-39 amdt 3.49\ndef regulated waste ins SL2000-36 reg 3\ndef road transport legislation ins A1999-79 sch 3\ndef stock sub A2005-19 amdt 1.2\ndef year ins SL2000-31 amdt 1.1\nMeaning of regulated waste\ns 1.1A ins SL2000-36 reg 3\nam SL2007-39 s 4\n\nClass A activities\ns 1.2 am A1999-54 s 24; SL2000-31 amdts 1.2-1.7; SL2000-36\nreg 3; A2000-55 s 4; SL2001-9 reg 4, reg 5; A2001-91 s 22,\ns 23; items renum R3 LA (see A2001-91 s 24); items renum\nR14 LA; am A2005-62 amdt 3.118; SL2007-35 s 4;\nSL2007-39 s 5, s 6; items renum R20 LA; A2007-39 amdt\n1.2; items renum R21 LA; A2007-25 amdt 1.48; SL2008-34\ns 5; SL2009-55 s 4; A2011-28 amdt 3.90; A2012-30\namdt 1.20; A2014-52 s 45, s 46; A2015-12 s 41; A2017-17\ns 23; items renum R59 LA; A2021-30 amdt 1.2; A2023-36\namdt 1.142, amdt 1.143; A2024-35 s 38\nClass B activities\ns 1.3 am SL2000-31 amdt 1.8; items renum R3 LA (see A2001-91\ns 24); items renum R14 LA; SL2010-31 s 4; A2014-52 s 47\nSpecific offences\nsch 2 ss renum R12 LA\nPreliminary\nsch 2 pt 2.1 hdg (prev pt 1 hdg) renum R2 LA\nDefinitions for sch 2\ns 2.1 am A2016-24 s 11; A2024-35 s 39\ndef AS 4013 om A2013-19 amdt 3.122\ndef AS/NZS 4012 ins A2016-24 s 9\ndef AS/NZS 4013 ins A2013-19 amdt 3.123\ndef high-octane unleaded petrol om A2007-39 amdt 1.3\ndef leaded petrol om A2007-39 amdt 1.3\ndef low-octane unleaded petrol om A2007-39 amdt 1.3\ndef maximum lead concentration am A1999-54 s 25\nom A2007-39 amdt 1.3\ndef solid fuel burning equipment am A2013-19 amdt 3.124;\nA2016-24 s 10\ndef unleaded petrol am A2001-44 amdt 1.1542\nom A2007-39 amdt 1.3\nOffences relating to articles that emit noise\nsch 2 pt 2.2 hdg (prev pt 2 hdg) renum R2 LA\nOffences relating to fuel-burning equipment\nsch 2 pt 2.3 hdg (prev pt 3 hdg) renum R2 LA\nEmission of pollutants in excess of prescribed concentrations\ns 2.3 am A2001-44 amdt 1.1543\nSale or installation of solid fuel-burning equipment without certification or\nplate\ns 2.4 am A2001-44 amdt 1.1544, amdt 1.1545;A2013-19\namdt 3.125; A2016-24 ss 12-14\nsub A2024-35 s 40\n\nInterference with solid fuel-burning equipment or attached plates\ns 2.5 am A2013-19 amdt 3.125; A2016-24 ss 15-17; ss renum R53\nLA\nOffences relating to petrol\nsch 2 pt 2.4 hdg (prev pt 4 hdg) renum R2 LA\nDetermination of higher sulphur content of unleaded petrol\ns 2.6 sub A2001-44 amdt 1.1546\nSale of leaded petrol as unleaded petrol\ns 2.7 om A2007-39 amdt 1.4\nProhibition of sale of leaded petrol unless low lead\ns 2.8 am A1999-54 s 25; A2001-44 amdt 1.1547; ss renum R2 LA\n(see A2001-44 amdt 1.1548)\nDeclaration about application of certain provisions\ns 2.8A ins A2001-44 amdt 1.1549\nExemption\ns 2.9 am A2001-44 amdt 1.1550, amdt 1.1551\nPetrol pumps to be constructed and marked as prescribed\ns 2.10 om A2007-39 amdt 1.4\nPetrol additives\ns 2.11 om A2007-39 amdt 1.4\nType of petrol to be used\ns 2.12 am A1999-79 sch 3; A2001-44 amdt 1.1552\nSale of high-octane unleaded petrol\ns 2.13 om A2007-39 amdt 1.4\nSummary proceedings for indictable offences\nsch 2 pt 2.5 hdg (prev pt 5 hdg) renum R2 LA\nReviewable decisions\nsch 3 ins A2008-37 amdt 1.165\nam A2024-35 s 41\ndict ins A2007-3 amdt 3.201\nam A2008-37 amdt 1.166, amdt 1.167; A2009-20 amdt 3.69;\nA2011-22 amdt 1.197; A2011-28 amdt 3.91; A2011-52\namdt 3.90; A2013-19 amdt 3.126, amdt 3.127; A2013-40 s 5;\n\nA2015-12 s 42; A2015-15 amdt 3.40; A2015-33 amdt 1.78;\nA2016-13 amdt 1.62; A2023-36 amdt 1.144; A2025-29\namdt 3.102\ndef activity reloc from s 4 A2007-3 amdt 3.189\ndef airgun ins A2011-28 amdt 3.92\ndef analyst reloc from s 4 A2007-3 amdt 3.189\ndef an offence ins A2007-3 amdt 3.201\nom A2007-16 amdt 3.52\ndef appropriate person ins A1999-54 s 5 (a)\nsub A2007-3 amdt 3.185\ndef approved use ins A2007-3 amdt 3.201\ndef aquifier ins A2011-28 amdt 3.92\ndef area of high conservation value am A2004-57 amdt 1.5\nam A2007-25 amdt 1.49\ndef AS 4013 ins A2007-3 amdt 3.201\nam A2011-28 amdt 3.93\nom A2013-19 amdt 3.128\ndef AS/NZS 4012 ins A2016-24 s 18\ndef AS/NZS 4013 ins A2013-19 amdt 3.129\ndef assessment reloc from s 4 A2007-3 amdt 3.189\nom A2023-36 amdt 1.145\ndef assessment order ins A2007-3 amdt 3.201\ndef auditor ins A2007-3 amdt 3.201\ndef authorisation fee sub A2001-44 amdt 1.1474\ndef authorised activity reloc from s 4 A2007-3 amdt 3.189\ndef authorised concert venue ins A2011-28 amdt 3.94\ndef authorised motor racing venue ins A2011-28 amdt 3.94\ndef authorised officer reloc from s 4 A2007-3 amdt 3.189\nam A2023-26 amdt 1.2\ndef authority am A2001-91 s 5\ndef blank fire firearm ins A2011-28 amdt 3.94\nam A2013-19 amdt 3.130\ndef bore ins A2011-28 amdt 3.94\ndef clinical waste ins A2011-28 amdt 3.94\nam A2013-19 amdt 3.131\ndef concert ins A2011-28 amdt 3.94\ndef concert venue ins A2011-28 amdt 3.94\ndef conduct reloc from s 4 A2007-3 amdt 3.189\ndef connected ins A2007-3 amdt 3.201\ndef consultation period ins A2007-3 amdt 3.201\nam A2013-19 amdt 3.132\ndef contaminated ins A2007-3 amdt 3.186\n\ndef development sub A2003-41 amdt 3.214\nsub A2007-25 amdt 1.50; A2014-52 s 48\ndef draft environment protection policy ins A2007-3\namdt 3.201\ndef EIS ins A2007-25 amdt 1.51\ndef electronic equipment ins A2014-52 s 49\ndef electronic waste ins A2014-52 s 49\ndef emergency plan reloc from s 4 A2007-3 amdt 3.189\ndef enforceable undertaking ins A2014-52 s 49\ndef environmental undertaking ins A2014-52 s 49\ndef enter ins A2007-3 amdt 3.201\ndef environment reloc from s 4 A2007-3 amdt 3.189\ndef environmental audit ins A2007-3 amdt 3.201\ndef environmental authorisation ins A2007-3 amdt 3.201\ndef environmental emergency ins A2007-3 amdt 3.201\ndef environmental harm reloc from s 4 A2007-3 amdt 3.189\ndef environmental impact statement ins A2007-25\namdt 1.52\ndef environmental nuisance reloc from s 4 A2007-3\ndef environmental protection agreement reloc from s 4\nA2007-3 amdt 3.189\ndef environmental record reloc from s 4 A2007-3 amdt 3.189\ndef environmental standards ins A2011-28 amdt 3.94\ndef environment improvement initiative reloc from s 4\nA2007-3 amdt 3.189\nom A2011-28 amdt 3.95\ndef environment protection order reloc from s 4 A2007-3\ndef environment protection policy sub A2001-44\namdt 1.1476\nom R18 LA\ndef environment protection policy ins A2007-3 amdt 3.201\nsub A2007-16 amdt 3.53\ndef financial assurance reloc from s 4 A2007-3 amdt 3.189\ndef financial controller ins A1999-54 s 5 (a)\nom A2011-28 amdt 3.96\ndef firearm ins A2011-28 amdt 3.97\ndef fuel-burning equipment ins A2007-3 amdt 3.201\nam A2011-28 amdt 3.98\ndef general environmental duty reloc from s 4 A2007-3\n\ndef ground water ins A2011-28 amdt 3.99\ndef hazardous component ins A2015-15 amdt 3.40\ndef high-octane unleaded petrol ins A2007-3 amdt 3.201\ndef information discovery order reloc from s 4 A2007-3\ndef inquiry reloc from s 4 A2007-3 amdt 3.189\nsub A2007-25 amdt 1.53; A2011-28 amdt 3.100; A2023-36\namdt 1.146\ndef internally reviewable decision ins A2014-52 s 49\ndef land ins A1999-54 s 5 (a)\ndef Land Act reloc from s 4 A2007-3 amdt 3.189\nom A2007-25 amdt 1.54\ndef land sublease ins A2015-19 s 46\ndef leaded petrol ins A2007-3 amdt 3.201\ndef live animal weight ins A2011-28 amdt 3.101\ndef logging ins A2011-28 amdt 3.101\ndef low-octane unleaded petrol ins A2007-3 amdt 3.201\ndef material environmental harm reloc from s 4 A2007-3\ndef maximum lead concentration ins A2007-3 amdt 3.201\ndef mobile plant ins A2011-28 amdt 3.101\ndef motor racing event ins A2011-28 amdt 3.101\ndef motor vehicle sub A1999-79 sch 3\ndef national capital plan ins A1999-54 s 5 (a)\nom A2011-28 amdt 3.102\ndef National Electricity (ACT) Law ins A2011-28 amdt 3.103\nom A2013-19 amdt 3.133\ndef national environment protection measure ins A2007-3\namdt 3.201\ndef national scheme laws reloc from s 4 A2007-3 amdt 3.189\nom A2011-28 amdt 3.104\ndef newspaper reloc from s 4 A2007-3 amdt 3.189\nom A2009-20 amdt 3.70\ndef notional lessee ins A1999-54 s 5 (a)\nom A2011-28 amdt 3.105\ndef offence ins A2007-16 amdt 3.54\ndef paintball marker ins A2011-28 amdt 3.106\ndef pest ins A2024-11 amdt 2.7\n\ndef pollutant reloc from s 4 A2007-3 amdt 3.189\ndef pollute reloc from s 4 A2007-3 amdt 3.189\ndef premises ins A2007-3 amdt 3.201\ndef preparation requirements ins A2007-3 amdt 3.201\ndef prescribed activity reloc from s 4 A2007-3 amdt 3.189\ndef receiving waters ins A2011-28 amdt 3.106\ndef register ins A1999-54 s 5 (a)\ndef regulated waste ins A2011-28 amdt 3.106\nam A2013-19 amdt 3.134\ndef remediation ins A1999-54 s 5 (a)\ndef remediation order ins A2007-3 amdt 3.201\ndef residential premises ins A2007-3 amdt 3.201\nam R35 LA\ndef reviewable decision ins A2008-37 amdt 1.168\ndef road transport legislation ins A2011-28 amdt 3.106\nam A2013-19 amdt 3.135\ndef sell ins A2007-3 amdt 3.201\nam A2011-28 amdt 3.107\ndef serious environmental harm reloc from s 4 A2007-3\ndef site audit statement ins A1999-54 s 5 (a)\nom A2011-28 amdt 3.108\ndef solid fuel-burning equipment ins A2007-3 amdt 3.201\nam A2011-28 amdt 3.109\ndef stock ins A2011-28 amdt 3.110\nam A2013-19 amdt 3.136\ndef stormwater ins A2011-28 amdt 3.110\ndef stormwater system ins A2011-28 amdt 3.110\ndef substance ins A2007-3 amdt 3.201\ndef unleaded petrol ins A2007-3 amdt 3.201\ndef waste ins A2011-28 amdt 3.110\ndef waste transfer station ins A2014-52 s 49\ndef wastewater ins A2011-28 amdt 3.110\ndef water ins A2011-28 amdt 3.110\ndef waterway ins A2011-28 amdt 3.110\ndef working day reloc from s 4 A2007-3 amdt 3.189\ndef year ins A2011-28 amdt 3.110\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\nR0A\n4 Jan 1999–\n29 Feb 2000\nA1998-52 amendments by\nA1998-52\nR0B\n1 Mar 2000–\n16 Mar 2000\nA1999-79 amendments by\nA1999-79\nR0C\n17 Mar 2000–\n5 Apr 2000\nA1999-79 amendments by\nA1999-54\n6 Apr 2000–\nA2000-12 amendments by\nA2000-12\nR1 (RI)\n6 Apr 2000–\nA2000-12 reissue of printed\nversion\nR1A\n20 July 2000–\n20 Sept 2000\nSL2000-31 amendments by\nSL2000-31\nR1B\n21 Sept 2000–\n4 Apr 2001\nSL2000-36 amendments by\nSL2000-36\n12 Sept 2001\n12 Sept 2001–\n23 Sept 2001\nA2001-44 amendments by\nA2000-55,\nSL2001-9 and\nA2001-44\n24 Sept 2001\n24 Sept 2001–\nA2001-91 amendments by\nA2001-91\n28 May 2002–\nA2002-11 amendments by\nA2002-11\n1 July 2003–\n8 Oct 2003\nA2002-56 amendments by\nA2002-56\n\nEarlier republications 5\nfor\nR6*\n9 Oct 2003\n9 Oct 2003–\n8 Apr 2004\nA2003-41 amendments by\nA2003-41\n9 Apr 2004\n9 Apr 2004–\n12 Apr 2004\nA2004-15 amendments by\nA2004-15\n13 Apr 2004\n13 Apr 2004–\nA2004-15 amendments by\nA2004-9\n1 July 2004–\nA2004-28\n19 July 2004–\n31 Aug 2004\nA2004-23\n1 Sept 2004\n1 Sept 2004–\n8 Mar 2005\nA2004-13\n9 Mar 2005\n9 Mar 2005–\n25 Aug 2005\nA2004-57 amendments by\nA2004-57\n26 Aug 2005\n26 Aug 2005–\n11 Nov 2005\nA2005-20 amendments by\nA2005-19\n12 Nov 2005\n12 Nov 2005–\n10 Jan 2006\nA2005-20 amendments by\nA2005-20\nR15*\n11 Jan 2006\n11 Jan 2006–\n11 Apr 2006\nA2005-62 amendments by\nA2005-62\n12 Apr 2007\n12 Apr 2007–\nA2007-3 amendments by\nA2007-3\n1 July 2007–\nA2007-17 amendments by\nA2007-17\n11 July 2007–\n25 Oct 2007\nA2007-17 amendments by\nA2007-16\n26 Oct 2007\n26 Oct 2007–\n17 Dec 2007\nSL2007-35 amendments by\nSL2007-35\n18 Dec 2007\n18 Dec 2007–\n26 Dec 2007\nSL2007-39\n27Dec 2007\n27 Dec 2008–\n30 Mar 2008\nA2007-39\n\nfor\n31 Mar 2008\n31 Mar 2008–\n12 Apr 2008\nA2007-25\n13 Apr 2008\n13 Apr 2008–\n14 Aug 2008\nSL2007-39 commenced expiry\n15 Aug 2008\n15 Aug 2008–\n1 Feb 2009\nSL2008-34 amendments by\nSL2008-34\n2 Feb 2009\n2 Feb 2009–\n13 Feb 2009\nA2008-37 amendments by\nA2008-37\n14 Feb 2009\n14 Feb 2009–\n21 Sept 2009\nA2008-37 amendments by\nA2008-26\nR27*\n22 Sept 2009\n22 Sept 2009–\n11 Dec 2009\nA2009-20 amendments by\nA2009-20\n12 Dec 2009\n12 Dec 2009–\n16 Dec 2009\nSL2009-55 amendments by\nSL2009-55\n17 Dec 2009\n17 Dec 2009–\nSL2009-55 amendments by\nA2009-49\n3 June 2010–\n2 Aug 2010\nA2010-18 amendments by\nA2010-18\n3 Aug 2010\n3 Aug 2010–\n28 Feb 2011\nSL2010-31 amendments by\nSL2010-31\n1 Mar 2011\n1 Mar 2011–\n16 Mar 2011\nA2011-3 amendments by\nA2011-3\n17 Mar 2011\n17 Mar 2011–\nA2011-8 amendments by\nA2011-8\n1 July 2011–\n20 Sept 2011\nA2011-22 amendments by\nA2011-22\n21 Sept 2011\n21 Sept 2011–\n11 Dec 2011\nA2011-28 amendments by\nA2011-28\n12 Dec 2011\n12 Dec 2011–\nA2011-52 amendments by\nA2011-52\n","sortOrder":203},{"sectionNumber":"29","sectionType":"section","heading":"Mat 2012","content":"29 Mat 2012\n29 May 2012–\nA2012-25 amendments by\nA2012-25\n\nEarlier republications 5\nfor\n5 June 2012–\nA2012-25 amendments by\nA2012-21\n14 June 2012–\n21 Feb 2013\nA2012-30 amendments by\nA2012-30\n22 Feb 2013\n22 Feb 2013–\nA2013-4 amendments by\nA2013-4\n14 June 2013–\n26 Jan 2014\nA2013-19 amendments by\nA2013-19\n27 Jan 2014\n27 Jan 2014–\n11 Nov 2014\nA2013-40 amendments by\nA2013-40\n12 Nov 2014\n12 Nov 2014–\nA2014-52 amendments by\nA2014-52\n11 May 2015–\nA2014-52 amendments by\nA2014-52\n21 May 2015–\nA2015-12 amendments by\nA2015-12\n3 June 2015–\nA2015-16 amendments by\nA2015-16\n10 June 2015–\nA2015-15 amendments by\nA2015-15\n1 July 2015–\n13 Oct 2015\nA2015-19 amendments by\nA2015-19\n14 Oct 2015\n14 Oct 2015–\n23 Feb 2016\nA2015-33 amendments by\nA2015-33\n24 Feb 2016\n24 Feb 2016–\n31 Mar 2016\nA2016-2 amendments by\nA2016-2\n1 Apr 2016\n1 Apr 2016–\n26 Apr 2016\nA2016-13 amendments by\nA2016-13\n27 Apr 2016\n27 Apr 2016–\nA2016-18 amendments by\nA2016-18\n12 May 2016–\nA2016-24 amendments by\nA2016-24\n\nfor\n21 June 2016–\n31 Aug 2016\nA2016-33 amendments by\nA2016-33\n1 Sept 2016\n1 Sept 2016–\n22 Feb 2017\nA2016-52 amendments by\nA2016-52\n23 Feb 2017\n23 Feb 2017–\nA2017-3 amendments by\nA2017-3\n16 June 2017–\n14 Aug 2017\nA2017-20 amendments by\nA2017-20\n15 Aug 2017\n15 Aug 2017–\n30 Aug 2017\nA2017-21 amendments by\nA2017-21\n31 Aug 2017\n31 Aug 2017–\n8 Aug 2019\nA2017-21 amendments by\nA2017-17\n9 Aug 2019\n9 Aug 2019–\n3 Sept 2020\nA2019-20 amendments by\nA2019-20\n4 Sept 2020\n4 Sept 2020–\nA2020-47 amendments by\nA2020-47\n23 June 2021–\n10 Dec 2021\nA2021-12 amendments by\nA2021-12\n11 Dec 2021\n11 Dec 2021–\n23 Aug 2022\nA2021-30 amendments by\nA2021-30\n24 Aug 2022\n24 Aug 2022–\nA2022-14 amendments by\nA2022-14\n8 July 2023–\n26 Nov 2023\nA2023-26 amendments by\nA2023-26\n27 Nov 2023\n27 Nov 2023–\nA2023-36 amendments by\nA2023-36\n11 July 2024–\n9 Jan 2025\nA2024-35\n10 Jan 2025\n10 Jan 2025–\nA2024-35\n15 May 2025–\n15 Nov 2025\nA2024-11\n","sortOrder":204}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded substantially from a core pollution‑control statute to a comprehensive regulatory framework.  The original object—to protect and enhance the environment and prevent pollution (s 3C)—remains, but the machinery now covers a wide set of controls well beyond simple prohibitions: compulsory licensing for dozens of activities (schedule 1), a detailed contaminated‑land regime (ss 91C–91D and register ss 21A–21B), financial assurance and recovery mechanisms (ss 85–91, 91K, 160), personal liability rules for directors and related corporate arrangements (ss 147, 91P–91R), and provision for market instruments (tradeable permits and bubble licences, ss 34–36).  These additions shift the Act from single‑issue environmental protection toward an integrated regulatory, economic and remediation regime with substantial discretionary administrative power, new market‑facing tools and expanded enforcement and cost‑recovery mechanisms (sections cited)."},"complexity_factors":["Length and structure: 16 Parts, multiple Divisions and Subdivisions, and 3 schedules spanning extensive subject matter (authorisations, contaminated land, enforcement, economic measures).","Large number of defined terms and cross‑references in the Dictionary and throughout the Act (dozens of definitions; frequent references to external Acts and standards such as the Planning Act 2023, Emergencies Act 2004, Corporations Act and National Environment Protection measures).","Multiple authorisation tracks and conditional regimes: standard, accredited and special authorisations (s 46), class A and B activities (schedule 1), and recognised authorisations from other jurisdictions (s 67A).","Nested conditional logic and exceptions (e.g. general environmental duty not itself an offence except as applied via orders; many provisions subject to Ministerial declarations or exemptions — ss 22, 43, 50, 59).","Complex contaminated‑land regime with sequential powers (assessment order s 91C → audit → remediation order s 91D → register ss 21A–21B) and detailed rules on who is an ‘appropriate person’ and priority/liability allocation (ss 91I, 91J–91M, 91P–91R).","Multiple enforcement pathways and remedies: administrative orders, civil recovery, criminal offences of different mental elements and penalties, injunctions (Part 13), enforceable undertakings (Part 14A) and on‑the‑spot/penalty structures (various sections).","Significant Ministerial and administrative discretions (Minister can direct EPA, require EISs, make declarations that alter consultation or notification requirements: ss 93–94; many EPA decisions are reviewable under Part 14).","Integration and incorporation powers: statutory incorporation of external standards and instruments (s 164B), and regulation‑making power that can override or be inconsistent with other parts (s 37), increasing interpretive complexity.","Detailed financial and procedural provisions: fees, instalments, financial assurance rules and claims (ss 53, 55, 85–91, 165), plus specific administrative timing obligations (many 10/20/28 working‑day windows).","Public access and confidentiality balancing with specific, procedurally detailed processes to exclude confidential commercial information (ss 19–21; s 92A) and public notification requirements (multiple sections)."],"plain_english_summary":"**What this law does (mechanics first)\n\n- Establishes an Environment Protection Authority (EPA) to run and enforce a broad regulatory system to prevent, reduce and remediate pollution and other environmental harm (ss 11–12).  The Authority is given licensing, inspection, audit, remediation and enforcement powers across many activities (Parts 8–13). \n\n- Requires people doing certain activities to hold environmental authorisations (licenses/permits) or be party to an environmental protection agreement (s 42; schedule 1).  Authorisations can be standard, accredited or special and can include detailed conditions (ss 46–53, 51).  Holders pay fees (s 53) and may be required to provide financial assurance (security) for future remediation (ss 85–91).\n\n- Imposes a general environmental duty: anyone conducting an activity must take all practicable and reasonable steps to prevent or minimise environmental harm or nuisance (s 22).  It creates mandatory notification duties for serious pollution incidents (s 23) and for contaminated land that presents a significant risk (s 23A). \n\n- Gives the EPA powers to require environmental improvement plans, emergency plans and audits; to order assessments and remediation of contaminated land; and to keep a public register of contaminated sites (Parts 9, divs 9.1–9.6; ss 21A–21B; ss 69–76; ss 91C–91D).  The Authority can itself carry out assessment or remediation and recover its costs (ss 91C(1)(b), 91D(1)(b), 91K, 160).\n\n- Provides inspection and enforcement powers for authorised officers and analysts (entry, sampling, seizure, search warrants, emergency action) and criminal and civil penalties for non‑compliance (Parts 11–13; ss 95–113; ss 125–136; Parts 14–15).  Penalties range from administrative actions through orders and fines to imprisonment for serious polluting conduct (ss 137–139).\n\n- Creates tools besides permits: accredited codes of practice (ss 31–33), environmental protection agreements (Parts 7), enforceable undertakings (Part 14A), economic instruments such as bubble licences and tradeable permits (Part 6, ss 34–37), and the power to require fuel sales or pollutant reporting (ss 92–92A, 159A).\n\n**Who it affects\n\n- Businesses and operators of the activities listed in schedule 1 (mining/extraction, large waste facilities, major processing plants, some agricultural and animal operations, concert and motor‑racing events, fuel storage/production, certain transport of regulated waste, etc.).  Those operators generally must hold authorisations, meet conditions, pay fees and may provide financial assurances (s 42; sch 1; ss 51–53; ss 85–91).\n\n- Landowners, lessees, occupiers and transferees of land where contamination is present or possible—these people can be ordered to assess or remediate land and may face liability for costs and loss of value; the Act specifies who is an \"appropriate person\" and how liability may be allocated (ss 91C–91I; ss 91J–91M).\n\n- Directors and senior officers of corporations can face personal liability in some circumstances (ss 147, 91P–91R).  The Act extends liability to representatives where their state of mind is relevant (s 146).\n\n- The public: many decisions, authorisations, audits, improvement plans and contaminated‑site entries are public documents (s 19); the Authority must give public notice of many actions (ss 25, 28, 48, 50, 59, 21B).\n\n**Why it matters (stated purpose and how it changes incentives and costs)\n\n- Stated purpose: to protect and enhance environmental quality, prevent environmental degradation and health risk, promote pollution prevention, waste minimisation and remediation of contaminated land (s 3C).\n\n- Who pays and who decides: the regulated parties bear most direct compliance and remediation costs—application and authorisation fees (s 53), audit and plan costs (ss 69–76), financial assurances (ss 85–91), and potential civil/criminal penalties and cleanup cost recovery (ss 157, 160).  The EPA (a public official) makes most regulator decisions (ss 11–12), subject to some Ministerial directions and review rights (s 93; Part 14).\n\n- Behavioural effects and incentives: the Act replaces or supplements purely reactive enforcement with a permit/authorisation regime, compliance tools (audits, improvement plans, accredited codes), economic instruments (tradeable permits, bubble licences) and financial guarantees.  These mechanisms raise the marginal cost of risky activities (through fees, possible securities and remediation liability), create incentives to adopt accredited practices (s 33), and enable the EPA to enforce progressive environmental improvements (s 3C(c)).\n\n- Trade‑offs and burdens: compliance imposes administrative and direct costs (applications, monitoring, audits, reporting, securing finance for assurances).  Smaller operators may face proportionally higher burdens when activities cross schedule thresholds (sch 1).  The Act also allows reductions in fee for accredited authorisations and offers voluntary accreditation routes (ss 46, 53, 72), creating an incentive to invest in higher standards.\n\n- Market effects: Part 6 contemplates market mechanisms (tradeable permits, bubble licences, ss 34–36).  If implemented, those instruments can lower compliance costs for some firms but create new markets and administrative systems that shift how emissions are allocated and priced.\n\n- Risks and implementation issues: the regime depends on administrative discretion (many decisions rest with the Authority or Minister; see ss 11–12, 93), approved auditors and standards (s 75; s 164B allows incorporation of external standards), and the Authority’s capacity to run registers, audits and remediation programs.  These dependencies create operational and timing risks (e.g., delays in approvals, disputes about appropriate auditors, contestable review processes in Part 14).\n\n**Key statutory features to watch (concrete mechanics)\n\n- The general environmental duty (s 22) imposes a broad preventive obligation but is not by itself a basis for prosecution except as used in environment protection orders or specified provisions (see s 22(3) and s 125).\n\n- Mandatory authorisations for listed activities (s 42; schedule 1) and public consultation on many authorisation applications (s 48).  Accredited compliance with codes of practice is treated as substantial compliance (s 33).\n\n- Contaminated land regime: orders to assess (s 91C) and remediate (s 91D), public register entries (ss 21A–21B), cost recovery (ss 91K–91M) and possible liability for company directors and related parties where there appears to have been avoidance of remediation (ss 91P–91R).\n\n- Enforcement ladder: inspections and seizure (Part 11), environment protection orders (s 125), injunctive remedies in the Supreme Court (Part 13), criminal penalties for serious pollution (ss 137–139) and the option for enforceable undertakings (Part 14A) that can be turned into court orders if breached (s 136K).\n\n**Immediate practical implications for regulated parties\n\n- Check whether your activity appears in schedule 1 (Class A or B).  If so, you need to secure or be party to authorisation/agreements and plan for permit conditions, fees and possible financial assurance (s 42; sch 1; ss 51–53; ss 85–91).\n\n- Put in place monitoring, audit and emergency planning systems (ss 69–76; ss 80–84) and consider accredited codes or voluntary improvement plans to reduce regulatory burden (ss 31–33, 72).\n\n- If you own or operate land that might be contaminated, be ready for orders to assess/remediate or for public register entries; those orders carry cost‑recovery and liability risks (ss 91C–91M; ss 21A–21B).\n\nThis summary focuses on the Act’s mechanics and the concrete incentives, costs and decision‑rights it establishes.  Where the Act states policy goals (pollution prevention, waste minimisation, remediation) those are reported as the legislature’s stated objects (s 3C) and then tested against the statute’s instruments (licensing, economic measures, liability, public registers, enforcement powers) to show how the policy is implemented and who bears the costs (sections cited above)."},"kimi_summary":{"_metrics":{"completionTokens":959},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1997 form. Major additions include: the contaminated land management framework (Part 9, Divisions 9.5-9.6, added 1999), fuel sales information provisions (Part 9A, added 2007), enforceable undertakings (Part 14A, added 2014), and extensive corporate liability provisions extending to directors and holding companies (ss 91P-91R). The 2024 amendments incorporated changes from the Biosecurity Act 2023 and Planning Act 2023, further broadening scope. What began as primarily a licensing and pollution control statute now encompasses comprehensive land remediation, corporate accountability, and national reporting obligations."},"complexity_factors":["Extensive cross-referencing with other ACT legislation (Planning Act 2023, Emergencies Act 2004, Water Resources Act 2007, etc.)","Multiple overlapping regulatory mechanisms: general environmental duty, environmental authorisations, environmental protection agreements, environment protection orders, and enforceable undertakings","Detailed procedural requirements with specific timeframes (e.g., 20 working days, 28 days, 60 days) throughout","Complex contaminated land provisions with hierarchical liability rules (ss 91I-91R) extending to directors, holding companies, and corporate successors","Schedule 1 contains 46 distinct Class A activities and 8 Class B activities with technical thresholds (e.g., 'more than 30,000t per year', 'capacity to hold more than 2,000 people')","Nested definitions and signpost definitions requiring navigation between Act and dictionary","Conditional liability provisions with multiple defences (due diligence, emergency) and exceptions","Integration with national schemes (National Environment Protection Council Act, National Electricity Rules) requiring external knowledge"],"plain_english_summary":"This is the **Environment Protection Act 1997** for the Australian Capital Territory — the main law that protects the environment in Canberra and surrounding areas.\n\n**What it does:**\n\nThe Act creates a comprehensive system to prevent and manage environmental harm. It establishes the **Environment Protection Authority** (a government official appointed to oversee environmental protection) and gives them powers to regulate activities that could damage the environment.\n\n**Key features:**\n\n- **General environmental duty** — Everyone must take reasonable steps to prevent or minimise environmental harm from their activities. This is a broad obligation that applies even without specific regulations.\n\n- **Environmental authorisations** — Many activities need official permission (an \"authorisation\") before they can proceed. These include major operations like waste facilities, sewage treatment, mining, large concerts, motor racing events, and industrial operations. The Act divides these into **Class A** (must have authorisation) and **Class B** (can use an environmental protection agreement instead).\n\n- **Contaminated land management** — The Act requires a **public register of contaminated sites** and gives the Authority power to order assessments and clean-ups. It can force polluters (or landowners if polluters can't be found) to pay for remediation.\n\n- **Enforcement tools** — The Authority can issue **environment protection orders** (legally binding directions to stop or fix environmental harm), conduct inspections, seize evidence, and seek court injunctions. It can also accept **enforceable undertakings** — formal promises from offenders to take corrective action instead of facing prosecution.\n\n- **Offences and penalties** — The Act creates serious criminal offences for causing environmental harm, with penalties up to 2,000 penalty units (currently $320,000 for individuals) and 5 years imprisonment for the most serious offences. There are also offences for corporate executives who fail to prevent environmental crimes by their companies.\n\n- **Public transparency** — Most environmental authorisations, audit reports, and enforcement actions must be made publicly available, though commercial secrets can be protected.\n\n**Who it affects:**\n\n- Businesses and industries operating in the ACT\n- Landowners, especially those with potentially contaminated land\n- Developers and construction companies\n- Anyone conducting activities listed in Schedule 1 (from waste transport to firewood collection)\n- The general public, who benefit from environmental protection and can access information about local environmental conditions\n\n**Why it matters:**\n\nThis Act is the backbone of environmental protection in the ACT. It shifts from simply punishing pollution after it happens to **preventing harm through licensing, monitoring, and proactive duties**. The contaminated land provisions are particularly important for urban development, ensuring that polluted sites are identified and cleaned up before being reused."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/environment-protection-act-1997","history":"/api/acts/environment-protection-act-1997/history","analysis":"/api/acts/environment-protection-act-1997/analysis","conflicts":"/api/acts/environment-protection-act-1997/conflicts","importantCases":"/api/acts/environment-protection-act-1997/important-cases","documents":"/api/acts/environment-protection-act-1997/documents"}}