{"id":"environment-protection-act-2019","name":"Environment Protection Act 2019","slug":"environment-protection-act-2019","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30065,"registerId":"nt-environment-protection-act-2019-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Revocation and suspension of environmental","content":"Subdivision 5 Revocation and suspension of environmental\n124ZZB Revocation of environmental (mining) licence ............................. 105\n124ZZC Suspension of environmental (mining) licence ............................ 105\n124ZZD Revocation of standard condition licence and issue of other\nenvironmental (mining) licence .................................................... 106\n124ZZE Show cause process ................................................................... 106\n124ZZF Automatic revocation or suspension of environmental (mining)\nlicence ......................................................................................... 107\n124ZZG Compliance with environmental (mining) licence to continue ...... 107\n","sortOrder":0},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Notice and cancellation at request of mining","content":"Subdivision 6 Notice and cancellation at request of mining\noperator\n124ZZH When mining activity is completed............................................... 108\n124ZZI Notice to Minister of completion of mining activity ....................... 108\n124ZZJ Offence to contravene notice requirement ................................... 109\n124ZZK Requirement for additional information ........................................ 109\n124ZZL Decision in relation to cancellation .............................................. 109\n124ZZM Notice of decision ........................................................................ 110\n124ZZN Transfer of environmental (mining) licence .................................. 110\n124ZZO Application for approval to transfer .............................................. 110\n124ZZP Minister may request information................................................. 111\n124ZZQ Minister to consider certain matters ............................................. 111\n124ZZR Consultation on transfer .............................................................. 112\n\nEnvironment Protection Act 2019 ix\n124ZZS Decision on transfer..................................................................... 112\n124ZZT Time for decision on request ....................................................... 113\n124ZZU Amendment of environmental (mining) licence or grant of\nenvironmental (mining) licence instead ....................................... 114\n124ZZV Notice of decision ........................................................................ 115\n124ZZW Licensing – environmental offences ............................................ 115\n124ZZX Contravention of environmental (mining) licence –\nenvironmental offences ............................................................... 117\n124ZZY Contravention of requirements of performance improvement\nprogram – environmental offences .............................................. 118\n124ZZZ Obligations relating to release of waste or contaminant .............. 119\n124ZZZA No unauthorised release of waste or contaminant....................... 119\n124ZZZB Publication of reports ................................................................... 121\n124ZZZC Offence to contravene direction ................................................... 121\n","sortOrder":1},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Extension of specified periods","content":"Subdivision 2 Extension of specified periods\n124ZZZD Regulations may provide for extension of period for mining\noperator or transferee to do thing ................................................ 122\n124ZZZE Regulations may provide for extension of period for Minister to\ndo thing ........................................................................................ 122\n124ZZZF Purpose of Part............................................................................ 122\n124ZZZG General obligation to take care of environment ........................... 122\n124ZZZH Obligations in respect of site........................................................ 123\n124ZZZI Obligations of operator – management system ........................... 123\n124ZZZJ Consultation and cooperation for taking care of environment ...... 123\n124ZZZK Obligations of worker ................................................................... 124\n124ZZZL Obligations of contractor who is not worker ................................. 124\n124ZZZM Environmental obligations – environmental offences................... 125\n\nEnvironment Protection Act 2019 x\n","sortOrder":2},{"sectionNumber":"Part 5C","sectionType":"part","heading":"Power to enter land to comply with","content":"Part 5C Power to enter land to comply with\nspecified conditions\n124ZZZN Application ................................................................................... 126\n124ZZZO Power to enter land ..................................................................... 127\n124ZZZP Notice to CEO and Mining Minister.............................................. 128\n124ZZZQ Powers on entry........................................................................... 129\n124ZZZR Duties on entry ............................................................................ 129\n124ZZZS Recovery of costs ........................................................................ 129\n124ZZZT Offence to obstruct ...................................................................... 130\n124ZZZU Offence to fail to give notice ........................................................ 130\n124ZZZV Offence to fail to comply with duty on entry ................................. 131\n125 Environmental offsets framework and guidelines ........................ 131\n126 Environmental offsets register ..................................................... 132\n127 Application of Division ................................................................. 132\n128 Purpose of environment protection bond ..................................... 132\n129 Amount of bond ........................................................................... 133\n130 Environment protection bond account ......................................... 134\n131 Claim on bond ............................................................................. 134\n132 Unused bond refundable ............................................................. 135\n132A Application of Division ................................................................. 135\n132B Purpose of mining security .......................................................... 135\n132C Amount of mining security ........................................................... 136\n132D Mining security account ............................................................... 137\n132E Claim on mining security ............................................................. 138\n132F Unused mining security refundable ............................................. 138\n133 Environment protection levy ........................................................ 139\n134 Liability for environment protection levy....................................... 139\n135 Amount of levy ............................................................................. 139\n136 Minister may establish environment protection funds .................. 140\n137 Payments into environment protection funds ............................... 140\n138 Expenditure from an environment protection fund ....................... 141\n\nEnvironment Protection Act 2019 xi\n139 Recovery of amounts paid out of fund ......................................... 141\nPart 8 Environmental audits, environmental\nauditors and environmental practitioners\n140 Relationship of this Part to other provisions................................. 142\n141 Environmental audit ..................................................................... 142\n142 Direction by CEO to carry out environmental audit ...................... 143\n143 CEO may appoint qualified person to carry out environmental\naudit ............................................................................................. 144\n144 Environmental audit and report.................................................... 144\n145 Contravention of direction – environmental offence..................... 145\n146 Offence relating to conflict of interest .......................................... 145\n147 Authorisation of audit despite conflict .......................................... 145\n148 Nature of conflict of interest ......................................................... 145\n149 Qualified person may direct information to be provided ............... 147\n150 Declarations in relation to environmental audit reports ................ 147\n151 Contravention of direction to provide relevant information –\nenvironmental offences ............................................................... 147\n152 Offence if false or misleading information in audit report or\nmissing information ...................................................................... 148\n153 Retention and production of audit documentation ....................... 148\n154 Contravention of direction – environmental offences ................... 149\n155 Offence to represent that registered as auditor ........................... 149\n156 Registration of environmental auditors ........................................ 150\n157 Offence to represent that registered as environmental\npractitioner ................................................................................... 150\n158 Registration of environmental practitioners ................................. 151\n159 Appointment or authorisation of environmental officers ............... 151\n160 Identity card ................................................................................. 151\n161 Offence not to return identity card ............................................... 152\n162 Powers of environmental officers: purposes ................................ 152\n163 General powers of environmental officers ................................... 153\n\nEnvironment Protection Act 2019 xii\n164 Entry of residential premises ....................................................... 155\n165 Entry on Aboriginal land .............................................................. 156\n166 Duties of environmental officer on land or premises .................... 156\n167 Duty of environmental officer in relation to seized thing .............. 156\n168 Forfeiture of seized thing ............................................................. 157\n169 Offence to contravene requirement ............................................. 157\n170 Application for and issue of search warrant ................................. 158\n171 Effect and term of search warrant................................................ 159\n172 Directions by environmental officer.............................................. 159\n173 Offence to contravene direction ................................................... 160\n174 Offence to obstruct environmental officer .................................... 160\n175 Compliance with requirement to provide information ................... 161\n176 Environment protection notice – purpose and issue .................... 161\n177 Content of environment protection notice .................................... 162\n178 Requirements of environment protection notices......................... 163\n179 Environment protection notice may permit certain acts or\nomissions..................................................................................... 164\n180 Effect of environment protection notice on need for statutory\nauthorisation ................................................................................ 164\n181 Notice to prescribed statutory decision-maker of proposed\nnotice ........................................................................................... 165\n182 Emergency environment protection notice issued by CEO .......... 165\n182A Further power of CEO to issue emergency environment\nprotection notice .......................................................................... 167\n183 Emergency environment protection notice issued by\nenvironmental officer ................................................................... 168\n184 Variation or revocation of environment protection notice ............. 168\n185 Copy of environment protection notice may be lodged with\nRegistrar-General ........................................................................ 168\n186 Recorded notice applies to owners and occupiers of land ........... 169\n187 Notice to owners and occupiers of land ....................................... 169\n188 Notice by owner or occupier to CEO ........................................... 169\n189 Offence to contravene notice requirement ................................... 170\n190 Cancellation of recording of environment protection notice ......... 170\n191 Contravention of environment protection notice –\nenvironmental offences ............................................................... 171\n192 Obstruct compliance with notice – environmental offence ........... 172\n192A Application ................................................................................... 172\n192B Power to enter land ..................................................................... 173\n192C Notice to CEO.............................................................................. 174\n192D Powers on entry........................................................................... 174\n\nEnvironment Protection Act 2019 xiii\n192E Duties on entry ............................................................................ 175\n192F Recovery of costs ........................................................................ 175\n192G Offence to obstruct ...................................................................... 176\n192H Offence to fail to give notice ........................................................ 176\n192J Offence to fail to comply with duty on entry ................................. 176\n192K Purpose of Division ...................................................................... 177\n192L Definitions .................................................................................... 177\n192M Meaning of related person of high risk entity ............................... 178\n192N Relevant connection to high risk entity ........................................ 180\nSubdivision 2 Redirection to related persons by issue of\ncompliance notices\n192P Purpose of Subdivision ................................................................ 182\n192Q Matters to be considered in deciding to issue compliance\nnotice to related person ............................................................... 182\n192R Issue of compliance notice to related person of high risk entity\nissued with notice ........................................................................ 183\n192S Issue of compliance notice to related person of high risk entity\nnot issued with notice .................................................................. 184\n192T Issue of compliance notice after compliance notice issued to\nrelated person of high risk entity .................................................. 185\n192U Issue of compliance notice to previous owner or occupier of\nland .............................................................................................. 186\n192V Provisions applying to issue of compliance notice ....................... 187\n192W Joint and several liability for compliance ..................................... 187\n192X Enforcement of compliance by high risk entity not affected ......... 187\nSubdivision 3 Corporations legislation displacement and\nexcluded matter\n192Y Declarations under section 5F of the Corporations Act 2001\n(Cth) ............................................................................................ 188\n192Z Declarations under section 5G of the Corporations Act 2001\n(Cth) ............................................................................................ 188\n193 Purpose of stop work notice ........................................................ 189\n194 NT EPA may issue stop work notice ............................................ 189\n195 Requirements of stop work notice ............................................... 190\n196 Stop work notice where proponent contravenes call-in notice ..... 190\n197 Stop work notice may be issued even if other statutory\nauthorisation issued..................................................................... 191\n\nEnvironment Protection Act 2019 xiv\n198 Contravention of stop work notice – environmental offences....... 191\n199 Monitoring and management notice – environmental approval ... 192\n199A Monitoring and management notice – protected environmental\narea or prohibited action .............................................................. 192\n199AB Monitoring and management notice – environmental (mining)\nlicence ......................................................................................... 193\n199B Monitoring and management notice – form and giving of notice.. 194\n200 Contents of monitoring and management notice ......................... 194\n201 Effect of monitoring and management notice .............................. 195\n202 Copy of monitoring and management notice may be lodged\nwith Registrar-General ................................................................. 195\n203 Recorded notice applies to owners and occupiers of land ........... 196\n204 Notice to owners and occupiers of land ....................................... 196\n205 Notice by owner or occupier to CEO ........................................... 196\n206 Offence to contravene notice requirement ................................... 197\n207 Cancellation of recording of monitoring and management\nnotice ........................................................................................... 197\n208 Contravention of monitoring and management notice –\nenvironmental offence ................................................................. 198\n209 Obstruct compliance with monitoring and management\nnotice – environmental offence .................................................... 198\n210 Monitoring and management notice not complied with ................ 198\nSubdivision 1 Closure certificates – environmental\n210A Application of Subdivision ............................................................ 199\n211 Criteria for action closure certificate ............................................ 199\n212 Application for action closure certificate ...................................... 199\n213 Issue of action closure certificate................................................. 200\n214 Effect of action closure certificate ................................................ 200\n214A Application of Subdivision ............................................................ 200\n214B Criteria for mining closure certificate ........................................... 200\n214C Application for mining closure certificate ..................................... 201\n214D Issue of mining closure certificate................................................ 201\n214E Effect of mining closure certificate ............................................... 202\n214F Definition specified person........................................................... 203\n215 CEO may accept enforceable undertaking .................................. 203\n\nEnvironment Protection Act 2019 xv\n216 Enforcement orders ..................................................................... 203\n217 CEO may do specified acts or things........................................... 204\n218 Withdrawal or variation of enforceable undertaking ..................... 205\n219 Withdrawal of acceptance by CEO of enforceable undertaking ... 206\n220 No criminal proceedings while enforceable undertaking is in\nforce ............................................................................................ 206\n221 Proceedings following revocation of enforceable undertaking ..... 206\n222 No further proceedings if enforceable undertaking complied\nwith .............................................................................................. 206\n223 Emergency authorisations ........................................................... 207\n224 Definitions .................................................................................... 208\n225 Duty to notify CEO of notifiable incidents .................................... 209\n226 Manner and form of notice ........................................................... 209\n227 Notifiable incidents not required to be reported ........................... 209\n228 Failure to notify notifiable incident – environmental offences....... 210\n228A Offence to interfere with place of notifiable incident .................... 211\n229 Incriminating information.............................................................. 211\n229A Record of notifiable incidents....................................................... 212\n229B Report of notifiable incidents ....................................................... 212\n229C Record of recordable incidents .................................................... 212\n229D Report of recordable incidents ..................................................... 213\n229E Failure to keep required record.................................................... 213\n229F Contravention of direction – environmental offence..................... 213\n230 Who may bring proceeding .......................................................... 214\n231 Prohibitory injunctions ................................................................. 214\n232 Mandatory injunctions .................................................................. 214\n233 Interim injunctions........................................................................ 214\n234 Certain considerations for granting injunctions not relevant ........ 215\n235 Discharge of injunctions .............................................................. 215\n236 Other orders ................................................................................ 215\n\nEnvironment Protection Act 2019 xvi\n237 Court may vary or revoke order ................................................... 216\n238 Security and undertakings ........................................................... 216\n239 Orders as to costs ....................................................................... 216\n240 Orders as to damages on application of respondent ................... 217\n241 Time for commencing proceedings under this Division ............... 217\n242 Powers conferred are in addition to other powers of court .......... 218\nDivision 2 Civil penalty orders, other civil orders and\ndirections\n243 Purpose of Division ...................................................................... 218\n244 CEO may give certain directions ................................................. 218\n244A Contravention of direction – environmental offence..................... 218\n245 Application for civil orders ............................................................ 219\n246 CEO to consider certain matters.................................................. 219\n247 Notice of proposed application to court ....................................... 219\n248 Civil orders................................................................................... 220\n249 Court to consider certain matters................................................. 220\n250 Civil orders under section 248(1)(b) ............................................ 220\n251 CEO may take measures if order not complied with .................... 221\n252 Jurisdiction is civil jurisdiction ...................................................... 222\n253 Contravention of 2 or more provisions ......................................... 222\n254 Proceeding to be stayed if criminal proceedings commenced ..... 222\n255 Evidence not admissible in criminal proceedings ........................ 222\n256 Orders as to costs ....................................................................... 223\n257 Recovery of amounts ordered to be paid to Territory .................. 223\n258 Time for bringing proceedings under this Division ....................... 223\n259 Civil proceedings not to affect environment protection notices .... 223\nPart 11 Offences, penalties and criminal\nproceedings\n259A Offence to cause environmental harm – environmental\noffences ....................................................................................... 223\n260 Offence to provide false or misleading information ...................... 225\n261 Contravention of court order under section 216 or 236 –\nenvironmental offence ................................................................. 226\n262 Continuing offences ..................................................................... 227\n263 Liability of occupier ...................................................................... 228\n264 Liability of owner .......................................................................... 228\n264A Liability of title holder or mining operator of mining site ............... 229\n265 Criminal liability of executive officer of body corporate ................ 229\n266 Liability of partners and unincorporated associations .................. 231\n267 Liability for employees and agents .............................................. 231\n\nEnvironment Protection Act 2019 xvii\n268 Court may order reimbursement of investigation costs................ 232\n269 Alternative verdicts ...................................................................... 232\n270 Principles to be applied in imposing penalty for specified\nenvironmental offences ............................................................... 235\n271 Additional court orders where specified environmental offence\nproved ......................................................................................... 235\n272 CEO may take measures if order not complied with .................... 236\n273 Who can commence proceedings ............................................... 237\n274 Time for commencing prosecution............................................... 237\n274A Notice of defence must be given ................................................. 237\n274B Statements of fact........................................................................ 237\n274C Reports of analysis ...................................................................... 239\n275 Enforcement agency for Fines and Penalties (Recovery)\nAct 2001 ...................................................................................... 240\n276 Standing for judicial review .......................................................... 240\n277 Review by NTCAT ....................................................................... 241\nDivision 1 Delegation\n278 Delegation by Minister ................................................................. 241\n279 Delegation by CEO ...................................................................... 241\n280 Service......................................................................................... 241\n280A Protection from liability ................................................................ 242\n281 Confidential information ............................................................... 243\n282 Decision of Minister or NT EPA ................................................... 244\n283 Effect of decision ......................................................................... 245\n\nEnvironment Protection Act 2019 xviii\nDivision 3A Independent preparation or review of\ninformation\n283A Application of Division ................................................................. 245\n283B Independent review of information............................................... 245\n283C Offence relating to conflict of interest .......................................... 245\n283D Authorisation of conduct despite conflict ..................................... 246\n283E Nature of conflict of interest ......................................................... 246\n283F Qualified person may direct information to be provided ............... 247\n283G Declarations in relation to information prepared or reviewed by\nqualified person ........................................................................... 247\n283H Contravention of direction to provide relevant information –\nenvironmental offences ............................................................... 248\n283J Offence if false or misleading information in report or missing\ninformation ................................................................................... 249\n284 Public register .............................................................................. 249\nDivision 4A Failure by decision-maker to meet specified\ntime or publish decision or statement of\nreasons\n284A Failure of decision-maker to make decision or do thing within\nspecified time............................................................................... 250\n284B Failure to publish decision or statement of reasons..................... 250\n285 Direction notice ............................................................................ 250\n286 Methodologies ............................................................................. 251\n287 Proponent or approval holder to provide information ................... 251\n288 Proponent or approval holder may seek exemption .................... 252\n289 Publication of information ............................................................ 252\nDivision 6 Report by CEO\n290 CEO to report on enforcement and compliance........................... 252\n291 Guidance documents................................................................... 252\n292 Approved forms ........................................................................... 253\nDivision 7A Analysts\n292A Meaning of analyst ...................................................................... 253\n\nEnvironment Protection Act 2019 xix\n293 Regulations.................................................................................. 253\nDivision 1 Acts repealed\n294 Acts repealed............................................................................... 254\n295 Definitions .................................................................................... 254\n296 Saving of existing assessments commenced but not\ncompleted .................................................................................... 255\n297 Termination of assessment under former Act .............................. 256\n298 Environmental audit ..................................................................... 256\n299 Assessment report....................................................................... 256\n300 Assessment report completed under former Act before\ncommencement ........................................................................... 257\n300A Assessment report completed under former Act and action\ncommenced before commencement ........................................... 257\n301 Assessment report completed under former Act after\ncommencement ........................................................................... 257\n301A Assessment report completed under former Act before, and\naction commenced after, commencement ................................... 258\n302 Process for environmental approval ............................................ 258\nPart 15 Transitional matters for Environment\nProtection Legislation Amendment\nAct 2023\n303 Definitions .................................................................................... 259\n304 Existing mining authorisation and existing mining management\nplan taken to be environmental (mining) licence.......................... 260\n305 Duration of deemed mining licence ............................................. 260\n306 Prohibition of variation of deemed mining licence........................ 260\n307 Prohibition of transfer of deemed mining licence ......................... 261\n308 Pending applications for Authorisation ........................................ 261\n309 Existing security........................................................................... 262\n310 Publication of deemed mining licences........................................ 262\n311 Cancellation of deemed mining licence ....................................... 263\n\nEnvironment Protection Act 2019 xx\n312 Replacement of deemed mining licence ...................................... 264\n313 Grant of replacement environmental (mining) licence ................. 264\n314 Amendment of conditions for replacement environmental\n(mining) licence ........................................................................... 265\nDivision 3 Waste Management and Pollution Control\nAct 1998\n315 Compliance plans approved before commencement................... 266\n316 Performance agreements ............................................................ 266\n317 Pollution abatement notice .......................................................... 267\n318 Written notice by Controller of Water Resources in relation to\nenvironmental matter ................................................................... 267\n319 Saving of existing waste discharge licences under section 74 .... 268\nSchedule Reviewable decisions and affected\npersons\n\n____________________\nAs in force at 10 February 2026\n____________________\nENVIRONMENT PROTECTION ACT 2019\nAn Act to provide for the protection of the environment and for related\npurposes\n","sortOrder":3},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Environment Protection Act 2019.\n","sortOrder":4},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n","sortOrder":5},{"sectionNumber":"3","sectionType":"section","heading":"Objects","content":"3 Objects\nThe objects of this Act are:\n(a) to protect the environment of the Territory; and\n(b) to promote ecologically sustainable development so that the\nwellbeing of the people of the Territory is maintained or\nimproved without adverse impact on the environment of the\nTerritory; and\n(c) to recognise the role of environmental impact assessment and\nenvironmental approval in promoting the protection and\nmanagement of the environment of the Territory; and\n(ca) to recognise the role of environmental licensing of mining\nactivities in promoting the protection and management of the\nenvironment of the Territory; and\n(d) to provide for broad community involvement during the\nprocess of environmental impact assessment, environmental\napproval and environmental (mining) licensing; and\n\nEnvironment Protection Act 2019 2\n(e) to recognise the role that Aboriginal people have as stewards\nof their country as conferred under their traditions and\nrecognised in law, and the importance of participation by\nAboriginal people and communities in environmental decision-\nmaking processes.\n","sortOrder":6},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\nIn this Act:\nAboriginal and Torres Strait Islander corporation means a\ncorporation registered under the CATSI Act.\nAboriginal land, see section 3(1) of the Aboriginal Land Rights\n(Northern Territory) Act 1976 (Cth).\naccess authority, see section 8 of the Mineral Titles Act.\nacting in an official capacity, in relation to a person, means the\nperson is exercising powers or performing functions under, or\notherwise related to the administration of, this Act.\naction, see section 5.\naction closure certificate means an action closure certificate\nissued under section 213.\nactivity site means:\n(a) a site on which an action is carried out; or\n(b) a mining site on which a regulated mining activity is carried\nout.\nadministered Aboriginal and Torres Strait Islander corporation\nmeans an Aboriginal and Torres Strait Islander corporation:\n(a) for which a special administrator has been appointed under\n","sortOrder":7},{"sectionNumber":"Part 11","sectionType":"part","heading":"2 of the CATSI Act; or","content":"Part 11-2 of the CATSI Act; or\n(b) for which a receiver or another controller of its property has\nbeen appointed under Part 5.2 of the Corporations\nAct 2001 (Cth) as applied by Part 11-3 of the CATSI Act; or\n(c) for which an administrator has been appointed under\n","sortOrder":8},{"sectionNumber":"Part 5","sectionType":"part","heading":"3A of the Corporations Act 2001 (Cth) as applied by","content":"Part 5.3A of the Corporations Act 2001 (Cth) as applied by\nPart 11-4 of the CATSI Act; or\n(d) that is being wound up under Chapter 5 of the Corporations\nAct 2001 (Cth) as applied by Part 11-5 of the CATSI Act.\n\nEnvironment Protection Act 2019 3\nadministrative amendment means an amendment:\n(a) correcting a clerical error; or\n(b) correcting an error arising from an omission, a material\nmistake in a calculation or in the description of any person,\nthing or matter; or\n(c) removing duplicate or conflicting material; or\n(d) clarifying any matter.\nanalyst, see section 292A.\napproval holder means:\n(a) the person to whom an environmental approval has been\nissued or transferred; or\n(b) for an action to which an approval notice applies – the person\nwho is taken to be the approval holder of the environmental\napproval for the action; or\n(c) a liquidator or administrator appointed for a person mentioned\nin paragraph (a) or (b).\napproval notice means an approval notice issued under\nsection 102.\napproved form means a form approved under section 292.\nassessment report means an assessment report referred to in\nsection 64 or 299.\nassociated activity, see section 13A(2).\nassociated entity:\n(a) in relation to a body corporate (other than an Aboriginal and\nTorres Strait Islander corporation) – see section 50AAA of the\n(b) in relation to an Aboriginal and Torres Strait Islander\ncorporation – see section 50AAA of the Corporations Act 2001\n(Cth) as if that section applied to the corporation.\nAtomic Energy Act means the Atomic Energy Act 1953 (Cth).\ncall-in notice, see section 53(1), (2) or (3).\n\nEnvironment Protection Act 2019 4\ncare and maintenance period means a period when any of the\nfollowing mining activities permitted by an environmental (mining)\nlicence for a mining site are not being carried out on that site:\n(a) exploration for minerals or extractive minerals;\n(b) mining of minerals or extractive minerals;\n(c) extraction of extractive minerals;\n(d) processing of minerals, extractive minerals, tailings, spoil\nheaps or waste dumps;\n(e) operations and works in connection with exploration or mining\ngenerally;\n(f) the construction, maintenance and use of infrastructure\nauthorised by an access authority.\nCATSI Act means the Corporations (Aboriginal and Torres Strait\nIslander) Act 2006 (Cth).\nCEO means the Chief Executive Officer.\nChapter 5 body corporate, see section 9 of the Corporations\nAct 2001 (Cth).\nChief Health Officer means the Chief Health Officer appointed\nunder section 67 of the Public and Environmental Health Act 2011.\ncivil order means an order under section 248.\ncivil penalty order means an order under section 248(1)(a).\nclosure certificate means an action closure certificate or a mining\nclosure certificate.\nCommonwealth Minister means the Commonwealth Minister for\nthe time being administering the Atomic Energy Act.\ncompliance notice means:\n(a) an environment protection notice issued under section 176(1)\nor (2); or\n(b) a prescribed direction.\ncontaminant, see section 4(1) of the Waste Management and\nPollution Control Act 1998.\n\nEnvironment Protection Act 2019 5\ncontractor:\n(a) for Part 9, Division 2, Subdivision 2 – see section 192B(1)(b);\nor\n(b) otherwise – means, in relation to an activity site, a person\nwho, under a contract, performs work or supplies a service on\nthat site.\ncooperative agreement means an agreement mentioned in\nsection 45.\ncourt means the Supreme Court.\ndecision-maker means:\n(a) the Minister; or\n(b) the CEO; or\n(c) the NT EPA.\necologically sustainable development means development that\nimproves the total quality of human life, both now and in the future,\nin a way that:\n(a) maintains the ecological processes on which all life depends;\nand\n(b) recognises the need for development to be equitable between\ncurrent and future generations.\necosystem-based management means management that\nrecognises all interactions in an ecosystem, including ecological\nand human interactions.\nenforceable undertaking means an enforceable undertaking\nunder section 215.\nenforcement order means an enforcement order under\nsection 216.\nengineered feature means a feature of land that is engineered for\na purpose related to a mining activity.\nExamples for definition engineered feature include the following:\n1 waste rock dumps;\n2 dam walls;\n3 pits;\n4 portals;\n\nEnvironment Protection Act 2019 6\n5 shafts;\n6 tailings storage facilities.\nenvironment, see section 6.\nenvironment protection bond means an environment protection\nbond mentioned in Part 7, Division 1.\nenvironment protection fund means an environment protection\nfund established under section 136.\nenvironment protection levy means an environment protection\nlevy established under section 133.\nenvironment protection management system means an\nenvironment protection management system established,\nimplemented and maintained under section 124ZZZI.\nenvironment protection notice means:\n(a) an environment protection notice issued under section 176(1)\nor (2); or\n(b) an emergency environment protection notice issued under\nsection 182 or 183.\nenvironmental approval means:\n(a) an environmental approval granted under Part 5; or\n(b) for an action to which an approval notice applies – the\nenvironmental approval granted under Part 5 that identifies\nthe action.\nenvironmental audit, see section 141.\nenvironmental decision-making hierarchy means the hierarchy\nmentioned in section 26.\nenvironmental harm, see section 7.\nenvironmental impact assessment means a standard\nassessment or strategic assessment carried out in accordance with\nthe regulations but does not include the process for:\n(a) receiving or considering a referral of a proposed action or\nstrategic proposal; or\n(b) receiving or considering a notification or referral of a\nsignificant variation.\n\nEnvironment Protection Act 2019 7\nenvironmental impact assessment process means a process\nunder Part 4 including a process for any of the following:\n(a) referral, and consideration of a referral, of a proposed action\nor strategic proposal;\n(b) notification or referral, and consideration of a notice or referral,\nof a significant variation;\n(c) environmental impact assessment of a proposed action,\nstrategic proposal or significant variation.\nenvironmental (mining) licence means a licence granted under\nPart 5A, Division 4, Subdivision 3 or Subdivision 7 or section 313 to\ncarry out a mining activity and if that licence is amended under this\nAct, that licence as amended.\nenvironmental (mining) licence process means a process for the\ngranting of an environmental (mining) licence under Part 5A,\nDivision 4, Subdivision 3 that requires public notice to be given of\nthe application for the licence.\nenvironmental objective means an environmental objective\ndeclared under section 28.\nenvironmental officer means:\n(a) a person who is appointed or authorised as an environmental\nofficer under section 159(1); or\n(b) a police officer; or\n(c) for Part 9, Division 2A – in relation to a prescribed Act, an\ninspector or other person appointed or authorised to enforce\nthe prescribed Act.\nenvironmental offset means a measure designed to compensate\nfor the residual impact of an action on the environment.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in the management of\nthe body corporate.\nexploration means an activity that is carried out under any of the\nfollowing under the Mineral Titles Act:\n(a) a mineral exploration licence;\n(b) a mineral exploration licence in retention;\n\nEnvironment Protection Act 2019 8\n(c) an extractive mineral exploration licence;\n(d) a mineral authority to the extent that it authorises exploration\nfor minerals or extractive minerals;\n(e) a non-compliant existing interest to the extent that it\nauthorises exploration for minerals.\nextractive mineral, see section 10 of the Mineral Titles Act.\nextractive operation means an activity that is carried out under\nany of the following under the Mineral Titles Act:\n(a) an extractive mineral lease;\n(b) an extractive mineral permit;\n(c) a mineral authority to the extent that it authorises the\nextraction of minerals or extractive minerals;\n(d) a non-compliant existing interest to the extent that it\nauthorises the extraction of extractive minerals.\ngovernment authority means an Agency or a statutory authority.\ngreenhouse gas means any of the following, whether as a gas or a\nliquid or as a mixture of both:\n(a) carbon dioxide;\n(b) methane;\n(c) nitrous oxide;\n(d) sulphur hexafluoride;\n(e) hydrofluorocarbons;\n(f) perfluorocarbons;\n(g) a substance prescribed by regulation to be a greenhouse gas.\nhigh risk entity means a person, body or entity who or which is, or\nwas, the holder of a prescribed approval or a prescribed\nenvironmental duty and who or which:\n(a) is a Chapter 5 body corporate; or\n(b) is an administered Aboriginal and Torres Strait Islander\ncorporation; or\n\nEnvironment Protection Act 2019 9\n(c) is an associated entity of a body mentioned in paragraph (a)\nor (b); or\n(d) is bankrupt, has applied to take the benefit of a law for the\nrelief of bankrupt or insolvent debtors or has compounded with\ncreditors or made an assignment of remuneration for their\nbenefit; or\n(e) has failed to comply with the requirements of a compliance\nnotice; or\n(f) has failed to comply with the requirements of the prescribed\napproval or the prescribed environmental duty.\nholding entity, for Part 9, Division 2A, see section 192L.\nimpact, see section 10.\ninfrastructure includes buildings, workshops, workers camps,\nprocessing facilities, storage tanks, fences, roads, pipelines,\nconveyors and wharfs.\nland includes:\n(a) the airspace above land; and\n(b) land that is, or is at any time, covered by waters; and\n(c) waters.\nland register means the register kept by the Registrar-General\nunder the Land Title Act 2000.\nlegacy mine feature, see section 5 of the Legacy Mines\nlegacy mine site, see section 4 of the Legacy Mines Remediation\nAct.\nLegacy Mines Remediation Act means the Legacy Mines\nRemediation Act 2023.\nmaterial environmental harm, see section 8.\nmineral, see section 9 of the Mineral Titles Act.\nmineral interest means one of the following:\n(a) a mineral title;\n(b) a non-compliant existing interest;\n\nEnvironment Protection Act 2019 10\n(c) a Part III authority;\n(d) the special mineral lease granted under the Mining (Gove\nPeninsula Nabalco Agreement) Act 1968;\n(e) a mineral lease or exploration licence validated or granted\nunder the McArthur River Project Agreement Ratification\nAct 1992.\nmineral title, see section 11(1) of the Mineral Titles Act.\nmineral title holder means a title holder as defined in section 8 of\nthe Mineral Titles Act.\nMineral Titles Act means the Mineral Titles Act 2010.\nmining activity, see section 13A.\nmining closure certificate means a mining closure certificate\nissued under section 214D.\nmining levy means the mining remediation levy mentioned in\nsection 12 of the Legacy Mines Remediation Act.\nMining Minister means the Minister administering the Mineral\nTitles Act.\nmining operation means an activity that is carried out under any of\nthe following:\n(a) a mineral authority under the Mineral Titles Act to the extent\nthat it authorises the mining of minerals;\n(b) a mineral lease under the Mineral Titles Act;\n(c) a non-compliant existing interest to the extent that it\nauthorises the mining of minerals;\n(d) a Part III authority.\nmining operator, for a mining site, means:\n(a) a mining operator for the mining site appointed by the title\nholder under section 124D; or\n(b) if the title holder is a mining operator for the mining site under\nsection 124D – the title holder.\nmining security means mining security mentioned in Part 7,\nDivision 1A.\n\nEnvironment Protection Act 2019 11\nmining site means an area of land:\n(a) in respect of which a person holds a mineral interest and on\nwhich a mining activity mentioned in section 13A(1) has been,\nis being or will be carried out; or\n(b) in respect of which a person holds an access authority; or\n(c) on which an associated activity is being or will be carried out;\nor\n(d) that is declared by the Minister, by Gazette notice, to be a\nmining site for this Act.\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\nmodified condition licence means a modified condition licence\ngranted under section 124ZG(1)(a)(ii) or 124ZZU(2) or 313(2) and if\nthat licence is amended under this Act, that licence as amended.\nmonitor:\n(a) for Part 5C – means a person engaged by an approval holder\nor mining operator under section 124ZZZO(2) to monitor the\ncarrying out of works; or\n(b) for Part 9, Division 2, Subdivision 2 – see section 192B(2)(a).\nmonitoring and management notice means a monitoring and\nmanagement notice issued under Part 9, Division 4.\nNT EPA, see section 3 of the Northern Territory Environment\nProtection Authority Act 2012.\nnon-compliant existing interest, see section 204(1) of the Mineral\nTitles Act.\nnotifiable incident, for Part 9, Division 8 see section 224.\nobstruct includes hinder and resist.\noccupier, in relation to land, means:\n(a) a person occupying the land (under any title or permission, or\nwithout title or permission); or\n(b) a person entitled to occupy the land whether or not the person\nis actually occupying the land.\n\nEnvironment Protection Act 2019 12\n(a) for Part 9, Division 2 – see section 224; or\n(b) otherwise – means, in relation to an activity site:\n(i) the approval holder for a regulated action that is carried\nout on that site; or\n(ii) for a mining site – the mining operator.\nPart III authority, see section 5(1) of the Atomic Energy Act.\nperformance improvement program means a performance\nimprovement program under Part 5A, Division 4, Subdivision 4.\npetroleum activity means an activity for which any of the following\nis required:\n(a) an exploration permit under the Petroleum Act 1984;\n(b) a retention licence under the Petroleum Act 1984;\n(c) a production licence under the Petroleum Act 1984;\n(d) a permit or lease mentioned in section 119(1) of the\nPetroleum Act 1984.\nplant includes machinery, pressure vessels, equipment,\nappliances, implements, scaffolding and tools, any component of\nthe plant and anything fitted or connected to the plant.\npollution, see section 4(1) of the Waste Management and Pollution\nControl Act 1998.\npremises includes:\n(a) equipment, plant and structures, whether stationary or\nportable, and the land on which the premises are situated; and\n(b) a vehicle or other conveyance.\nprescribed Act, for Part 9, Division 2A, see section 192L.\nprescribed approval, for Part 9, Division 2A, see section 192L.\nprescribed direction, for Part 9, Division 2A, see section 192L.\n\nEnvironment Protection Act 2019 13\nprescribed environmental duty, for Part 9, Division 2A, see\nprescribed substance, see section 5(1) of the Atomic Energy Act.\nprinciples of ecologically sustainable development, see Part 2,\nDivision 1.\nprohibited action means an action declared under section 38 to be\na prohibited action.\nproponent means a person proposing to carry out, or carrying out,\nan action.\nprotected environmental area means an area declared under\nsection 35 or 36 to be a protected environmental area.\npublic register, see section 284.\npublish means make publicly available in the Territory.\nqualified person means:\n(a) a registered environmental auditor; or\n(b) a registered environmental practitioner; or\n(c) a person or class of persons, who have the qualifications and\nexperience determined by the CEO for the purpose of this\ndefinition.\nRanger Project Area, see section 5(1) of the Atomic Energy Act.\nrecordable incident, for Part 9, Division 8, see section 224.\nreferral trigger means:\n(a) an activity-based referral trigger referred to in section 29(2)\nand declared under section 30(1)(a); or\n(b) a location-based referral trigger referred to in section 29(3)\nand declared under section 30(1)(b).\nregistered environmental auditor means a person registered\nunder Part 8, Division 3.\nregistered environmental practitioner means a person registered\nunder Part 8, Division 4.\n\nEnvironment Protection Act 2019 14\nregulated action means an action, including an action under a\nstrategic proposal, that requires environmental approval.\nregulated mining activity means a mining activity that requires an\nrelated person, of a high risk entity, see section 192M.\nrelevant commencement, for Part 9, Division 2A, see\nrelevant decision-maker, for Part 9, Division 2A, see\nreserved legacy mine site means a reserved legacy mine site\ndeclared under section 14 of the Legacy Mines Remediation Act.\nresidential premises, in relation to premises that are used for both\nresidential and non-residential purposes, means that part of the\nbuilding or structure that is used only for residential purposes and\ndoes not include any land surrounding the building or structure.\nsacred site, see section 3(1) of the Aboriginal Land Rights\n(Northern Territory) Act 1976 (Cth).\nsignificant environmental harm, see section 9.\nsignificant impact, see section 11.\nsignificant variation, see section 12.\nspecified environmental offence means an offence against this\nAct for which the penalty is expressed as:\n(a) environmental offence level 1; or\n(b) environmental offence level 2; or\n(c) environmental offence level 3; or\n(d) environmental offence level 4.\nspecified person, for Part 9, Division 6, see section 214F.\nstandard assessment, see section 48.\nstandard condition licence means a standard condition licence\ngranted under section 124ZG(1)(a)(i) or 313(1).\nstatement of unacceptable impact, see section 66.\n\nEnvironment Protection Act 2019 15\nstatutory authorisation, in relation to an action, means an\napproval, consent, authority, permit or other authorisation relating to\nthat action that is provided for under an Act.\nstatutory authority means a body established under an Act for a\npublic purpose.\nstatutory decision-maker, in relation to an action, means a person\nor a government authority authorised under an Act to make a\ndecision in relation to that action.\nstop work notice means a stop work notice issued under\nsection 194.\nstrategic assessment, see section 49.\nstrategic proposal, see section 13.\ntailored condition licence means a tailored condition licence\ngranted under section 124ZG(1)(a)(iii), 124ZZU(2) or 313(3) and if\nthat licence is amended under this Act, that licence as amended.\ntitle holder:\n(a) in relation to a mining site mentioned in the definition, mining\nsite, paragraph (a):\n(i) for a mineral title or non-compliant existing interest – see\nsection 8 of the Mineral Titles Act; or\n(ii) for a mineral interest that is a Part III authority – means\na person on whom the authority is conferred or to whom\nan interest in the authority is assigned under the Atomic\nEnergy Act; or\n(iii) for the special mineral lease granted under the Mining\n(Gove Peninsula Nabalco Agreement) Act 1968 –\nmeans the Company, as defined in that Act; or\n(iv) for a mineral lease or exploration licence validated or\ngranted under the McArthur River Project Agreement\nRatification Act 1992 – means the Company, as defined\nin that Act; or\n(b) for any other mining site – means the owner of the site.\nvehicle or other conveyance means any of the following:\n(a) a motor vehicle;\n\nEnvironment Protection Act 2019 16\n(b) a trailer or caravan;\n(c) an aircraft;\n(d) a boat or other vessel;\n(e) a train or rolling stock on or for use on a railway.\nwaste, see section 4(1) of the Waste Management and Pollution\nControl Act 1998.\nwaste management hierarchy means the hierarchy mentioned in\nsection 27.\nwaters includes:\n(a) surface water, groundwater and tidal waters; and\n(b) coastal waters of the Territory, within the meaning of the\nCoastal Waters (Northern Territory Powers) Act 1980 (Cth);\nand\n(c) water containing an impurity.\nworker means an individual on an activity site who, under a\ncontract or agreement of any kind (whether express or implied, oral\nor in writing, or under a law of the Territory or not), performs work or\nsupplies a service on the site and includes:\n(a) an employee of an operator for the site; and\n(b) a contractor or employee of a contractor.\nNote for section 4\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":9},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of action","content":"5 Meaning of action\n(1) Action includes any of the following:\n(a) a project;\n(b) a development;\n(c) an undertaking;\n(d) an activity or series of activities;\n\nEnvironment Protection Act 2019 17\n(e) works;\n(f) a material alteration of any of the things mentioned in\nparagraphs (a) to (e).\n(2) A decision by a government authority authorising another person to\ntake an action is not an action.\n(3) A grant of funding by a government authority for an action is not an\n","sortOrder":10},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of environment","content":"6 Meaning of environment\nEnvironment means all aspects of the surroundings of humans\nincluding physical, biological, economic, cultural and social aspects.\n","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of environmental harm","content":"7 Meaning of environmental harm\n(1) Environmental harm means direct or indirect alteration of the\nenvironment to its detriment or degradation, of any degree or\nduration, whether temporary or permanent.\n(2) The regulations may specify alterations to which the definition of\nenvironmental harm applies.\n(3) Without limiting subsection (1) or (2), environmental harm may be\ncaused by pollution whether the harm:\n(a) is a direct or indirect result of the pollution; or\n(b) results from the pollution alone or from the combined effects\nof the pollution and other factors.\n","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of material environmental harm","content":"8 Meaning of material environmental harm\nMaterial environmental harm means environmental harm that:\n(a) is not trivial or negligible in nature; and\n(b) is less serious than significant environmental harm.\n","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of significant environmental harm","content":"9 Meaning of significant environmental harm\nSignificant environmental harm means environmental harm that:\n(a) is of major consequence having regard to:\n(i) the context and intensity of the harm; and\n\nEnvironment Protection Act 2019 18\n(ii) the sensitivity, value and quality of the environment\nharmed and the duration, magnitude and geographic\nextent of the harm; or\n(b) would, or is likely to, cost more to remediate than the\nmonetary amount prescribed by regulation.\n","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of impact","content":"10 Meaning of impact\n(1) An impact of an action is:\n(a) an event or circumstance that is a direct consequence of the\naction; or\n(b) an event or circumstance that is an indirect consequence of\nthe action and the action is a substantial cause of that event\nor circumstance.\n(2) An impact may be a cumulative impact and may occur over time.\n","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of significant impact","content":"11 Meaning of significant impact\nA significant impact of an action is an impact of major\nconsequence having regard to:\n(a) the context and intensity of the impact; and\n(b) the sensitivity, value and quality of the environment impacted\non and the duration, magnitude and geographic extent of the\nimpact.\n","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of significant variation","content":"12 Meaning of significant variation\nA significant variation of an action or strategic proposal is a\nvariation that:\n(a) will alter the action, or the action or actions under the strategic\nproposal, to the extent that a referral trigger that did not\npreviously apply to the action or actions now applies; or\n(b) has the potential to have a significant impact on the\n(c) will result in new or additional areas being subject to a\npotential significant impact on the environment.\n","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Meaning of strategic proposal","content":"13 Meaning of strategic proposal\nStrategic proposal means any of the following:\n(a) a policy;\n\nEnvironment Protection Act 2019 19\n(b) a program;\n(c) a plan;\n(d) a methodology.\n","sortOrder":18},{"sectionNumber":"13A","sectionType":"section","heading":"Meaning of mining activity","content":"13A Meaning of mining activity\n(1) For this Act, each of the following is a mining activity:\n(a) exploration for minerals or extractive minerals;\n(b) mining of minerals or extractive minerals;\n(c) extraction of extractive minerals;\n(d) processing of minerals, extractive minerals, tailings, spoil\nheaps or waste dumps;\n(e) decommissioning, remediation and rehabilitation of a site on\nwhich an activity referred to in paragraphs (a) to (d) has been\nor is being carried out;\n(f) operations and works in connection with the activities in\nparagraphs (a), (b), (c), (d) and (e), including:\n(i) the removal, handling, transport and storage of minerals,\nextractive minerals, substances, contaminants and\nwaste; and\n(ii) the construction, operation, maintenance and removal of\nplant, infrastructure and engineered features;\n(g) the construction, maintenance and use of infrastructure\nauthorised by an access authority;\n(h) operations and works in connection with exploration or mining\ngenerally;\n(i) operations for the monitoring, management and maintenance\nduring a care and maintenance period of a site on which an\nactivity in paragraphs (a) to (h) has been or is being carried\nout.\n(2) In addition to the activities mentioned in subsection (1), an activity\n(an associated activity) is a mining activity for this Act if:\n(a) the activity is related to a mining activity mentioned in\nsubsection (1); and\n\nEnvironment Protection Act 2019 20\n(b) is carried out on an area of land other than an area mentioned\nin the definition of mining site, paragraph (a) or (d).\n(3) Despite subsections (1) and (2), aerial surveying is not a mining\n","sortOrder":19},{"sectionNumber":"Div 3","sectionType":"division","heading":"Application provisions","content":"Division 3 Application provisions\n","sortOrder":20},{"sectionNumber":"14","sectionType":"section","heading":"Act binds Crown","content":"14 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n","sortOrder":21},{"sectionNumber":"15","sectionType":"section","heading":"Civil remedies and common law not affected","content":"15 Civil remedies and common law not affected\n(1) Except where expressly provided for, this Act is taken not to affect a\ncivil right or remedy available to a person in relation to conduct, or a\nfailure or refusal to engage in conduct, to which this Act applies.\n(2) Compliance with this Act is not of itself evidence that a common law\nduty of care has been satisfied.\n","sortOrder":22},{"sectionNumber":"16","sectionType":"section","heading":"Application of Criminal Code","content":"16 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNotes for section 16\n1 Part IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof.\nIt also defines, or elaborates on, certain concepts commonly used in the\ncreation of offences.\n2 Sections 43CA and 43CB of the Criminal Code provide for extraterritoriality in\nrelation to offences.\nPart 2 Principles of environment protection and\nmanagement\n17 Principles of ecologically sustainable development\n(1) This Division sets out the principles of ecologically sustainable\ndevelopment.\n(2) A decision-maker must consider and apply these principles in\nmaking a decision under this Act.\n\nEnvironment Protection Act 2019 21\n(3) In making a decision under this Act and stating the reasons for that\ndecision, a decision-maker is not required to specify how the\ndecision-maker has considered or applied these principles.\n","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Decision-making principle","content":"18 Decision-making principle\n(1) Decision-making processes should effectively integrate both\nlong-term and short-term environmental and equitable\nconsiderations.\n(2) Decision-making processes should provide for community\ninvolvement in relation to decisions and actions that affect the\ncommunity.\nNote for section 18\nSee section 6, definition environment.\n","sortOrder":24},{"sectionNumber":"18A","sectionType":"section","heading":"Principle of proportionality","content":"18A Principle of proportionality\nDecision-making processes should ensure that decisions or actions\ndirected at minimising harm or a risk of harm or impact to the\nenvironment are proportionate to the harm or risk of harm or impact\nthat is being addressed.\n","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Precautionary principle","content":"19 Precautionary principle\n(1) If there are threats of serious or irreversible environmental damage,\nlack of full scientific certainty should not be used as a reason for\npostponing measures to prevent environmental degradation.\n(2) Decision-making should be guided by:\n(a) a careful evaluation to avoid serious or irreversible damage to\nthe environment wherever practicable; and\n(b) an assessment of the risk-weighted consequences of various\noptions.\n","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Principle of evidence-based decision-making","content":"20 Principle of evidence-based decision-making\nDecisions should be based on the best available evidence in the\ncircumstances that is relevant and reliable.\n","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Principle of intergenerational and intragenerational equity","content":"21 Principle of intergenerational and intragenerational equity\nThe present generation should ensure that the health, diversity and\nproductivity of the environment is maintained or enhanced for the\nbenefit of present and future generations.\n\nEnvironment Protection Act 2019 22\n","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Principle of sustainable use","content":"22 Principle of sustainable use\nNatural resources should be used in a manner that is sustainable,\nprudent, rational, wise and appropriate.\n","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"Principle of conservation of biological diversity and ecological","content":"23 Principle of conservation of biological diversity and ecological\nintegrity\nBiological diversity and ecological integrity should be conserved\nand maintained.\n","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Principle of improved valuation, pricing and incentive","content":"24 Principle of improved valuation, pricing and incentive\nmechanisms\n(1) Environmental factors should be included in the valuation of assets\nand services.\n(2) Persons who generate pollution and waste should bear the cost of\ncontainment, avoidance and abatement.\n(3) Users of goods and services should pay prices based on the full life\ncycle costs of providing the goods and services, including costs\nrelating to the use of natural resources and the ultimate disposal of\nwastes.\n(4) Established environmental goals should be pursued in the most\ncost-effective way by establishing incentive structures, including\nmarket mechanisms, which enable persons best placed to\nmaximise benefits or minimise costs to develop solutions and\nresponses to environmental problems.\n","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Hierarchies","content":"25 Hierarchies\nThis Division sets out hierarchies for environmental decision-\nmaking and waste management.\n","sortOrder":32},{"sectionNumber":"26","sectionType":"section","heading":"Environmental decision-making hierarchy","content":"26 Environmental decision-making hierarchy\n(1) In making decisions in relation to actions that affect the\nenvironment, decision-makers, proponents and approval holders\nmust apply the following hierarchy of approaches in order of priority:\n(a) ensure that actions are designed to avoid adverse impacts on\nthe environment;\n(b) identify management options to mitigate adverse impacts on\nthe environment to the greatest extent practicable;\n\nEnvironment Protection Act 2019 23\n(c) if appropriate, provide for environmental offsets in accordance\nwith this Act for residual adverse impacts on the environment\nthat cannot be avoided or mitigated.\n(2) In making decisions in relation to actions that affect the\nenvironment, decision-makers, proponents and approval holders\nmust ensure that the potential for actions to enhance or restore\nenvironmental quality is identified and provided for to the extent\npracticable.\n","sortOrder":33},{"sectionNumber":"27","sectionType":"section","heading":"Waste management hierarchy","content":"27 Waste management hierarchy\n(1) In designing, implementing and managing an action, all reasonable\nand practicable measures should be taken to minimise the\ngeneration of waste and its discharge into the environment.\n(2) For subsection (1), waste should be managed in accordance with\nthe following hierarchy of approaches in order of priority:\n(a) avoidance of the production of waste;\n(b) minimisation of the production of waste;\n(c) re-use of waste;\n(d) recycling of waste;\n(e) recovery of energy and other resources from waste;\n(f) treatment of waste to reduce potentially adverse impacts;\n(g) disposal of waste in an environmentally sound manner.\n","sortOrder":34},{"sectionNumber":"Div 1","sectionType":"division","heading":"Declaration of environmental objectives and","content":"Division 1 Declaration of environmental objectives and\nreferral triggers\n","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Declaration of environmental objectives","content":"28 Declaration of environmental objectives\n(1) The Minister may, by Gazette notice, declare environmental\nobjectives for this Act.\n(2) In developing environmental objectives, the Minister must:\n(a) identify environmental matters that have value to the Territory\nand that need to be protected; and\n\nEnvironment Protection Act 2019 24\n(b) determine for each matter the objective to be achieved in\nrelation to the protection of the environment.\n(3) A declaration must be prepared in accordance with the regulations.\n(4) A declaration may be made on the Minister's own initiative or on the\nrecommendation of the NT EPA under section 31.\n(5) The Minister must publish a statement of the reasons for making a\ndeclaration as soon as practicable after the declaration is made.\n","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"Purpose and effect of referral triggers","content":"29 Purpose and effect of referral triggers\n(1) A referral trigger requires a proponent of an action to refer the\naction to the NT EPA for assessment in accordance with the\n(2) An activity-based referral trigger identifies actions that the Minister\nconsiders are likely to have a significant impact on the environment.\n(3) A location-based referral trigger identifies areas that the Minister\nconsiders are:\n(a) of significance because of a feature of the natural or cultural\nenvironment; and\n(b) likely to be subject to significant impact by actions.\n","sortOrder":37},{"sectionNumber":"30","sectionType":"section","heading":"Declaration of referral triggers","content":"30 Declaration of referral triggers\n(1) The Minister may, by Gazette notice, declare either or both of the\n(a) an activity-based referral trigger;\n(b) a location-based referral trigger.\n(2) In declaring a referral trigger, the Minister may specify\ncircumstances in which, and the thresholds above which, actions\nare to be subject to the trigger.\n(3) A declaration of a referral trigger must be prepared in accordance\nwith the regulations.\n(4) The Minister must publish a statement of the reasons for making a\ndeclaration as soon as practicable after the declaration is made.\n\nEnvironment Protection Act 2019 25\n","sortOrder":38},{"sectionNumber":"31","sectionType":"section","heading":"NT EPA may recommend environmental objectives and referral","content":"31 NT EPA may recommend environmental objectives and referral\ntriggers and amendments\n(1) The NT EPA may recommend to the Minister a proposed\nenvironmental objective or a referral trigger or an amendment to an\nobjective or trigger.\n(2) A recommendation may be made at the request of the Minister or\non the NT EPA's own initiative.\n(3) The Minister must consider the NT EPA's recommendation and\nmay:\n(a) accept the recommendation; or\n(b) refuse the recommendation.\n(4) The Minister must publish a statement of reasons for making a\ndecision under subsection (3) as soon as practicable after the\ndecision is made.\n","sortOrder":39},{"sectionNumber":"32","sectionType":"section","heading":"Review of environmental objectives and referral triggers","content":"32 Review of environmental objectives and referral triggers\n(1) The Minister must review the environmental objectives and referral\ntriggers at least every 10 years.\n(2) The Minister may review the environmental objectives and referral\ntriggers at any time.\n(3) A review must be in accordance with the regulations.\n","sortOrder":40},{"sectionNumber":"33","sectionType":"section","heading":"Amendment or revocation of environmental objective or","content":"33 Amendment or revocation of environmental objective or\nreferral trigger\n(1) The Minister may, by Gazette notice, amend or revoke an\nenvironmental objective or a referral trigger.\n(2) An amendment or revocation of an environmental objective or\nreferral trigger must be in accordance with the regulations.\n(3) The Minister must publish a statement of the reasons for the\namendment or revocation as soon as practicable after the\namendment is made or the environmental objective or referral\ntrigger is revoked.\n","sortOrder":41},{"sectionNumber":"34","sectionType":"section","heading":"Referral trigger – environmental offences","content":"34 Referral trigger – environmental offences\n\nEnvironment Protection Act 2019 26\n(e) the conduct causes significant environmental harm.\n\nEnvironment Protection Act 2019 27\n(e) the conduct causes material environmental harm.\n(6) Strict liability applies to subsections (1)(c) and (d) and (2)(c)\n","sortOrder":42},{"sectionNumber":"Div 2","sectionType":"division","heading":"Protected environmental areas and prohibited","content":"Division 2 Protected environmental areas and prohibited\nactions\n","sortOrder":43},{"sectionNumber":"35","sectionType":"section","heading":"Temporary declaration of protected environmental area","content":"35 Temporary declaration of protected environmental area\n(1) The Minister may, by Gazette notice, declare an area of land to be\na protected environmental area (a temporary declaration) if the\nMinister believes on reasonable grounds that:\n(a) the environment or an aspect of the environment of the area\nshould be protected; and\n(b) the declaration of the area is necessary to further the objects\nof this Act.\n(2) A temporary declaration has effect for the period (not exceeding\n12 months) specified in the Gazette notice.\n\nEnvironment Protection Act 2019 28\n(3) A temporary declaration must not be made in respect of an area\nwithin 3 months after the day on which a previous temporary\ndeclaration affecting that area expires, unless it relates to a different\nmatter.\n(4) The Minister must consult with the NT EPA before making a\ntemporary declaration.\n(5) The Minister must make reasonable efforts to advise any owner or\noccupier of land in the declared area of the making of a temporary\ndeclaration.\n(6) The Minister must publish a statement of the reasons for making a\ntemporary declaration as soon as practicable after the declaration is\n","sortOrder":44},{"sectionNumber":"36","sectionType":"section","heading":"Permanent declaration of protected environmental area","content":"36 Permanent declaration of protected environmental area\n(1) The Minister may, by Gazette notice, declare an area of land to be\na protected environmental area (a permanent declaration) if the\nMinister is satisfied that:\n(a) the environment or an aspect of the environment of the area\nshould be protected; and\n(b) the declaration of the area is necessary to further the objects\nof this Act.\n(2) A permanent declaration must be prepared in accordance with the\n(3) The Minister must publish a statement of the reasons for making\nthe permanent declaration as soon as practicable after the\ndeclaration is made.\n(4) The Minister must table a copy of the permanent declaration in the\nLegislative Assembly within 6 sitting days after the declaration is\n(5) It is not necessary to make a temporary declaration of a protected\nenvironmental area before making a permanent declaration.\n(6) On the commencement of a permanent declaration of a protected\nenvironmental area, any temporary declaration of the area dealing\nwith the same matter is revoked.\n\nEnvironment Protection Act 2019 29\n","sortOrder":45},{"sectionNumber":"37","sectionType":"section","heading":"Regulation of actions in declared areas","content":"37 Regulation of actions in declared areas\n(1) A temporary declaration or permanent declaration of a protected\nenvironmental area may specify that:\n(a) all actions or specified actions or classes of actions in the area\nare prohibited; or\n(b) certain actions, or classes of actions, in the area are\nprohibited; or\n(c) certain actions, or classes of actions, in the area are\npermitted.\n(2) A declaration of a protected environmental area may specify\nthresholds:\n(a) at or above which actions, or classes of actions, in the area\nare prohibited; or\n(b) below which actions, or classes of actions, in the area are\npermitted.\n(3) A declaration of a protected environmental area must include the\nfollowing information:\n(a) a description of the declared area;\n(b) the day on which the declaration takes effect;\n(c) for a temporary declaration – the period of the declaration;\n(d) any actions prohibited in the area;\n(e) any actions permitted in the area.\n","sortOrder":46},{"sectionNumber":"38","sectionType":"section","heading":"Declaration of prohibited actions","content":"38 Declaration of prohibited actions\n(1) The Minister may, by Gazette notice, declare an action or class of\nactions to be a prohibited action or prohibited actions if the Minister\nis satisfied that:\n(a) the environment or an aspect of the environment should be\nprotected; and\n(b) the declaration is necessary to further the objects of this Act.\n(2) The notice must include the following information:\n(a) a description of the declared prohibited action or class of\nactions;\n\nEnvironment Protection Act 2019 30\n(b) the day on which the declaration takes effect;\n(c) the reason for the declaration.\n(3) A declaration must be prepared in accordance with the regulations.\n(4) The Minister must publish a statement of the reasons for making\nthe declaration as soon as practicable after the declaration is made.\n(5) The Minister must table a copy of the declaration in the Legislative\nAssembly within 6 sitting days after the declaration is made.\n","sortOrder":47},{"sectionNumber":"39","sectionType":"section","heading":"Revocation of declaration","content":"39 Revocation of declaration\n(1) The Minister may, by Gazette notice, revoke a temporary\ndeclaration in whole or in part if satisfied that:\nand\n(2) The Minister may, by Gazette notice, revoke a permanent\ndeclaration in whole or in part if satisfied that:\nand\n(3) The Minister may, by Gazette notice, revoke a declaration of a\nprohibited action in whole or in part if satisfied that:\nand\n\nEnvironment Protection Act 2019 31\n(4) A revocation of a declaration under this Division must be in\naccordance with the regulations.\n(5) The Minister must publish a statement of the reasons for revoking a\ndeclaration under this Division as soon as practicable after the\ndeclaration is revoked.\n(6) The Minister must table a copy of the revocation of a declaration\nunder this Division in the Legislative Assembly within 6 sitting days\nafter the declaration is revoked.\n","sortOrder":48},{"sectionNumber":"40","sectionType":"section","heading":"Protected environmental areas – environmental offences","content":"40 Protected environmental areas – environmental offences\n(e) the conduct results in significant environmental harm inside or\noutside the protected environmental area and the person is\n(e) the conduct results in material environmental harm inside or\noutside the protected environmental area and the person is\n\nEnvironment Protection Act 2019 32\n(e) the conduct results in significant environmental harm inside or\noutside the protected environmental area.\n(5) Strict liability applies to subsections (1)(c) and (d) and (2)(c)\n","sortOrder":49},{"sectionNumber":"41","sectionType":"section","heading":"Prohibited actions – environmental offences","content":"41 Prohibited actions – environmental offences\n\nEnvironment Protection Act 2019 33\n(c) the action is a prohibited action.\n(5) Strict liability applies to subsections (1)(c) and (2)(c).\n\nDivision 1 Purpose of environmental impact assessment process\nEnvironment Protection Act 2019 34\nDivision 3 General\n41A Interpretation\nThis Part does not limit the operation of section 42 of the\nInterpretation Act 1978.\nDivision 1 Purpose of environmental impact assessment\n","sortOrder":50},{"sectionNumber":"42","sectionType":"section","heading":"Purpose of environmental impact assessment process","content":"42 Purpose of environmental impact assessment process\nThe purpose of the environmental impact assessment process is to\nensure that:\n(a) actions do not have an unacceptable impact on the\nenvironment, now or in the future; and\n(b) all actions that may have a significant impact on the\nenvironment are assessed, planned and carried out taking into\naccount:\n(i) the principles of ecologically sustainable development;\nand\n(ii) the environmental decision-making hierarchy; and\n(iii) the waste management hierarchy; and\n(iv) ecosystem-based management; and\n(v) the impacts of a changing climate; and\n(c) the potential for less environmentally damaging alternative\napproaches, methodologies or technologies for actions is\nconsidered; and\n(d) the community is provided with an opportunity to participate,\nand have its views considered, in decisions on proposed\nactions; and\n(e) the potential for actions to enhance or restore environmental\nquality through restoration or rehabilitation is identified and\nprovided for to the extent practicable.\n\nDivision 1 Purpose of environmental impact assessment process\nEnvironment Protection Act 2019 35\n","sortOrder":51},{"sectionNumber":"43","sectionType":"section","heading":"General duty of proponents","content":"43 General duty of proponents\nA proponent of an action or strategic proposal has the following\ngeneral duties under an environmental impact assessment process:\n(a) to provide communities that may be affected by a proposed\naction or strategic proposal with information and opportunities\nfor consultation to assist each community's understanding of\nthe proposed action or strategic proposal and its potential\nimpacts and benefits;\n(b) to consult with affected communities, including Aboriginal\ncommunities, in a culturally appropriate manner;\n(c) to seek and document community knowledge and\nunderstanding (including scientific and traditional knowledge\nand understanding) of the natural and cultural values of areas\nthat may be impacted by the proposed action or strategic\n(d) to address Aboriginal values and the rights and interests of\nAboriginal communities in relation to areas that may be\nimpacted by the proposed action or strategic proposal;\n(e) to consider the principles of ecologically sustainable\ndevelopment in the design of the proposed action or strategic\n(f) to apply the environmental decision-making hierarchy in the\ndesign of the proposed action or strategic proposal;\n(g) to consider the waste management hierarchy in the design of\nthe proposed action or strategic proposal.\n","sortOrder":52},{"sectionNumber":"44","sectionType":"section","heading":"Certain referrals prohibited","content":"44 Certain referrals prohibited\nA person must not refer an action or strategic proposal to the NT\nEPA for assessment if the action or an action under the strategic\nproposal is:\n(a) a prohibited action or strategic proposal; or\n(b) an action or strategic proposal that is prohibited in a protected\nenvironmental area under Part 3, Division 2.\n\nEnvironment Protection Act 2019 36\n","sortOrder":53},{"sectionNumber":"45","sectionType":"section","heading":"Cooperative agreements – assessment process","content":"45 Cooperative agreements – assessment process\n(1) This section applies if a proposed action or strategic proposal in the\nTerritory also affects another jurisdiction.\n(2) The Minister, on the advice of the NT EPA, may enter into an\nagreement with a Minister of the Commonwealth, a State or another\nTerritory in relation to the process of environmental impact\nassessment of a proposed action or strategic proposal.\n(3) The purpose of the agreement is to establish a single\nenvironmental impact assessment process for the action or\n(4) The agreement must identify the process to be used to assess the\nproposed action or strategic proposal.\n(5) The process must:\n(a) meet the objects of this Act; and\n(b) provide for community participation in the environmental\nimpact assessment process; and\n(c) provide for a report of the environmental impact assessment\nto be prepared.\n","sortOrder":54},{"sectionNumber":"46","sectionType":"section","heading":"Proponent to have only one environmental impact assessment","content":"46 Proponent to have only one environmental impact assessment\nA proponent of an action or strategic proposal that has had an\nenvironmental impact assessment in accordance with a cooperative\nagreement is not required to have another environmental impact\nassessment of the same action or strategic proposal under this Act.\n","sortOrder":55},{"sectionNumber":"47","sectionType":"section","heading":"Significant variation of action or strategic proposal","content":"47 Significant variation of action or strategic proposal\n(1) A significant variation of an action or strategic proposal that has had\nan environmental impact assessment in accordance with a\ncooperative agreement may be dealt with and assessed in\naccordance with the agreement.\n(2) If the cooperative agreement is no longer in place, a significant\nvariation of an action or strategic proposal mentioned in\nsubsection (1) must be dealt with and assessed in accordance with\nDivision 3.\n\nEnvironment Protection Act 2019 37\n","sortOrder":56},{"sectionNumber":"48","sectionType":"section","heading":"Referral of proposed action","content":"48 Referral of proposed action\nSubject to section 49, a proponent must refer to the NT EPA for\nassessment (a standard assessment) a proposed action that:\n(a) has the potential to have a significant impact on the\n(b) meets a referral trigger.\n","sortOrder":57},{"sectionNumber":"49","sectionType":"section","heading":"Referral of strategic proposal","content":"49 Referral of strategic proposal\nA proponent, instead of referring an action under section 48, may\nrefer a strategic proposal to the NT EPA for assessment (a\nstrategic assessment) of a proposed action or group of proposed\nactions under the strategic proposal that individually or in\ncombination with each other:\n(a) will have the potential to have a significant impact on the\n(b) will meet a referral trigger.\n","sortOrder":58},{"sectionNumber":"50","sectionType":"section","heading":"Referral if application made to statutory decision-maker","content":"50 Referral if application made to statutory decision-maker\n(1) This section applies if a proponent applies to a statutory\ndecision-maker for authorisation of a proposed action and the\nstatutory decision-maker considers that the action should be\nreferred to the NT EPA under this Division.\n(2) The statutory decision-maker:\n(a) may refuse to consider the application until the action is\nreferred to the NT EPA under this Division and a decision is\nmade on the referral; and\n(b) must take all reasonable steps to encourage the proponent to\nrefer the action to the NT EPA; and\n(c) may refer the action to the NT EPA.\n(3) Subsection (2) applies despite anything to the contrary in the Act\nunder which the application to the statutory decision-maker is\n\nEnvironment Protection Act 2019 38\n","sortOrder":59},{"sectionNumber":"51","sectionType":"section","heading":"Proponent to notify NT EPA of significant variation of","content":"51 Proponent to notify NT EPA of significant variation of\nproposed action or strategic proposal\n(1) The proponent of a proposed action must give notice to the NT EPA\nof any proposed significant variation to that action.\n(2) The proponent of a strategic proposal must give notice to the NT\nEPA of any proposed significant variation to that strategic proposal.\n(3) A proponent is not required to give a notice of a proposed\nsignificant variation if the proponent refers the amended action or\nstrategic proposal to the NT EPA for assessment under this\nDivision.\n(4) If an amended action or strategic proposal is referred to the NT\nEPA under this Division, the original referral is taken to be\nwithdrawn to the extent that it is modified by the significant\nvariation.\n","sortOrder":60},{"sectionNumber":"51A","sectionType":"section","heading":"Certain notifications taken to be referrals","content":"51A Certain notifications taken to be referrals\n(1) This section applies if a significant variation of a proposed action\nor strategic proposal is notified to the NT EPA under section 51(1)\nor (2) and either:\n(a) the proposed action or strategic proposal was not referred to\nthe NT EPA under section 48 or 49; or\n(b) the proposed action was not referred, notified or submitted\n(however described) for assessment under the Environmental\nAssessment Act 1982.\n(2) This Division applies to the notification of the significant variation as\nif the notification of the significant variation were a referral of a\nproposed action under section 48 or of a strategic proposal under\nsection 49, as the case requires.\n","sortOrder":61},{"sectionNumber":"52","sectionType":"section","heading":"Approval holder to refer proposed significant variation for","content":"52 Approval holder to refer proposed significant variation for\nassessment\n(1) An approval holder must refer a proposed significant variation of an\naction or strategic proposal to which the environmental approval\napplies to the NT EPA for assessment under this Division.\n(2) If a significant variation of an action or strategic proposal is referred\nto the NT EPA under subsection (1), this Division applies as if the\nreferral of the significant variation were a referral of a proposed\naction or strategic proposal, as the case requires.\n\nEnvironment Protection Act 2019 39\n","sortOrder":62},{"sectionNumber":"53","sectionType":"section","heading":"Call-in notice","content":"53 Call-in notice\n(1) If the NT EPA believes on reasonable grounds that a proponent is\ntaking an action that should be referred to the NT EPA for\nassessment under this Division, it may, by written notice (a call-in\nnotice), request the proponent to refer the action within the time\nspecified in the notice.\n(2) If the NT EPA believes on reasonable grounds that a proponent of\na proposed action or strategic proposal has made or is proposing a\nsignificant variation to the proposed action or strategic proposal, the\nNT EPA may, by written notice (a call-in notice), request the\nproponent to give it notice of the significant variation under\nsection 51 within the time specified in the notice.\n(3) If the NT EPA believes on reasonable grounds that an approval\nholder has made or is proposing a significant variation to the action\nor strategic proposal, it may, by written notice (a call-in notice),\nrequest the proponent to refer the variation to the NT EPA under\nsection 52 within the time specified in the notice.\n(4) Subsections (1), (2) and (3) apply whether or not a statutory\ndecision-maker has granted a statutory authorisation for the action\nor an action under the strategic proposal.\n(5) The NT EPA must, before giving a call-in notice:\ndecision-maker who the NT EPA considers may hold views in\ndecision-maker within the time specified in writing by the NT\nEPA.\n","sortOrder":63},{"sectionNumber":"54","sectionType":"section","heading":"Offence to contravene call-in notice","content":"54 Offence to contravene call-in notice\n(a) the person is given a call-in notice; and\n\nEnvironment Protection Act 2019 40\n","sortOrder":64},{"sectionNumber":"55","sectionType":"section","heading":"Process for considering referred actions and strategic","content":"55 Process for considering referred actions and strategic\nproposals\n(1) The NT EPA must consider and deal with any referral of an action\nor strategic proposal under this Division in accordance with the\n(2) The NT EPA must determine whether the referred action or\nstrategic proposal has the potential to have a significant impact on\nthe environment.\n(3) In determining whether a referred action or strategic proposal has\nthe potential to have a significant impact on the environment, the\nNT EPA must consider any applicable environmental objectives.\n(4) In determining whether a referred action or strategic proposal has\nthe potential to have a significant impact on the environment, the\nNT EPA may consider other statutory decision-making processes\nthat may mitigate the potential environmental impact of the referred\naction or strategic proposal.\n(5) Without limiting subsection (1), if the NT EPA determines that the\nreferred action or strategic proposal has the potential to have a\nsignificant impact on the environment, the NT EPA must:\n(a) determine that an environmental impact assessment is\nrequired for the referred action or strategic proposal; or\n(b) if the NT EPA considers that the referred action or strategic\nproposal is unacceptable because it is likely to have\nsignificant impacts that cannot be appropriately avoided,\nmitigated or managed – recommend to the Minister that the\nMinister refuse to grant an environmental approval for the\nreferred action or strategic proposal.\n(6) The regulations may provide for processes for:\n(a) considering referrals of actions and strategic proposals; and\n\nEnvironment Protection Act 2019 41\n(b) determining whether:\n(i) an environmental impact assessment of a referred\naction or strategic proposal is required; or\n(ii) an environmental approval for a referred action or\nstrategic proposal should be refused, with or without an\nenvironmental impact assessment.\n","sortOrder":65},{"sectionNumber":"56","sectionType":"section","heading":"Process for considering notified significant variations","content":"56 Process for considering notified significant variations\n(1) The NT EPA must consider and deal with any significant variation\nof an action or strategic proposal notified to the NT EPA under this\nDivision in accordance with the regulations.\n(2) If a significant variation is notified to the NT EPA under this Division\nafter an assessment report is prepared and before an\nenvironmental approval is given:\n(a) the approval process under Part 5 ceases until the\nassessment of the variation is completed; and\n(b) on completion of the assessment of the variation – the NT\nEPA may prepare and provide to the Minister:\n(i) a revised assessment report; or\n(ii) an addendum to the assessment report; or\n(iii) a new assessment report; and\n(c) if a revised or new assessment report is provided to the\nMinister – the NT EPA must prepare and provide to the\n(i) a revised draft environmental approval; or\n(ii) a statement of unacceptable impact.\n(3) The Minister must consider:\n(a) any document provided to the Minister under\nsubsection (2)(b)(i) and (iii) and (c) in place of the relevant\ndocuments originally provided under Part 5; or\n(b) any addendum provided to the Minister under\nsubsection (2)(b)(ii) in addition to the assessment report\noriginally provided under Part 5.\n\nEnvironment Protection Act 2019 42\n(4) Section 55(2) to (6) applies (with any necessary changes) to an\nassessment of a significant variation notified to the NT EPA under\nSubdivision 5 Environmental impact assessment by NT EPA\n","sortOrder":66},{"sectionNumber":"57","sectionType":"section","heading":"NT EPA to carry out environmental impact assessments of","content":"57 NT EPA to carry out environmental impact assessments of\nreferred actions or strategic proposals\n(1) If the NT EPA determines that an environmental impact\nassessment of a referred action or strategic proposal is required\nunder this Act, the NT EPA must carry out the assessment in\naccordance with the regulations.\n(2) The regulations may provide for the processes and methods for the\nenvironmental impact assessment of referred actions or strategic\nproposals.\n","sortOrder":67},{"sectionNumber":"58","sectionType":"section","heading":"Statutory authorisations and environmental impact","content":"58 Statutory authorisations and environmental impact\nassessments\n(1) A statutory decision-maker may consider an application for a\nstatutory authorisation for a referred action or an action under a\nreferred strategic proposal while an environmental impact\nassessment of the referred action or strategic proposal is being\ncarried out under this Act.\n(2) A statutory decision-maker must not grant a statutory authorisation\nfor a referred action or an action under a referred strategic proposal\nuntil the later of:\n(a) the determination by the NT EPA as to whether the referred\naction or strategic proposal requires an environmental impact\nassessment under this Act; and\n(b) if an environmental impact assessment is required for the\nreferred action or strategic proposal – the completion of the\nenvironmental impact assessment and the environmental\napproval process for the action or strategic proposal.\n(3) Nothing in this section prevents a statutory decision-maker from\ngranting a statutory authorisation to carry out any activity required\nto inform the environmental impact assessment process.\n\nEnvironment Protection Act 2019 43\n","sortOrder":68},{"sectionNumber":"59","sectionType":"section","heading":"Statutory authorisation granted before referral of action","content":"59 Statutory authorisation granted before referral of action\n(1) A statutory authorisation that is granted for an action before the\nreferral of the action or the strategic proposal to which the action\nrelates ceases to have effect:\n(a) for the period:\n(i) commencing on a determination by the NT EPA that the\naction or strategic proposal requires an environmental\nimpact assessment under this Act; and\n(ii) ending on the completion of the environmental impact\nassessment and the environmental approval process for\nthe action or strategic proposal; and\n(b) if a stop work notice is issued for the action – while the stop\nwork notice is in force.\n(2) Subsection (1) does not apply to a statutory authorisation\nmentioned in section 58(3).\n(3) Subsection (1) applies despite anything to the contrary in the\nenactment authorising the statutory authorisation.\n","sortOrder":69},{"sectionNumber":"59A","sectionType":"section","heading":"Regulations for sections 58 and 59","content":"59A Regulations for sections 58 and 59\nThe regulations may provide that section 58 or 59:\n(a) applies to a specified statutory authorisation; or\n(b) does not apply to a specified statutory authorisation.\n","sortOrder":70},{"sectionNumber":"60","sectionType":"section","heading":"Purpose of Part","content":"60 Purpose of Part\nThe purpose of this Part is to provide for:\n(a) the granting and amendment of environmental approvals; and\n(b) the transfer, suspension and revocation of environmental\napprovals.\n\nEnvironment Protection Act 2019 44\n","sortOrder":71},{"sectionNumber":"61","sectionType":"section","heading":"Purpose of environmental approval","content":"61 Purpose of environmental approval\nThe purpose of an environmental approval is to manage the\npotentially significant environmental impacts of an action or any\naction under a strategic proposal including any of the following:\n(a) the planning and design of the action and any preliminary\nactivities relating to the action;\n(b) the construction or carrying out of works for the action;\n(c) the operation of the action;\n(d) the rehabilitation and remediation requirements resulting from\nthe action;\n(e) the closure of the action.\n","sortOrder":72},{"sectionNumber":"62","sectionType":"section","heading":"Fit and proper person to hold environmental approval or","content":"62 Fit and proper person to hold environmental approval or\napproval notice\n(1) In determining under this Part whether a person is or is not a fit and\nproper person to hold an environmental approval or an approval\nnotice, the Minister:\n(a) may have regard to whether there are reasonable grounds to\nbelieve that the person:\n(i) has contravened a law of the Territory or another\njurisdiction that relates to the physical or biological\nenvironment, including matters relating to pollution,\nbiodiversity, natural resources, planning, development or\nwaste; or\n(ii) has contravened a law of the Territory or another\njurisdiction that relates to heritage, health or cultural\nmatters, including matters relating to sacred sites; or\n(iii) has contravened a law of the Territory or another\njurisdiction that relates to work health and safety; or\n(iiia) has contravened a law of the Territory under which a tax\nor royalty is payable to the Territory; or\n(iv) has committed an offence against any law of the\nTerritory or another jurisdiction that involves an element\nof fraud or dishonesty; or\n\nDivision 2 NT EPA to provide assessment report and other documents to Minister\nEnvironment Protection Act 2019 45\n(v) has behaved or is likely to behave in a way that is\ninconsistent with the person's duties as an approval\nholder or an approval notice holder; and\n(b) may have regard to the matters prescribed by regulation; and\n(c) may have regard to any other matters the Minister considers\n(2) Nothing in this Part requires the Minister to conduct an investigation\nin considering whether a person is a fit and proper person.\n","sortOrder":73},{"sectionNumber":"62A","sectionType":"section","heading":"More than one environmental approval may be granted","content":"62A More than one environmental approval may be granted\nTo avoid doubt, the Minister may grant more than one\nenvironmental approval for a proposed action or strategic proposal\nfollowing an environmental impact assessment of the proposed\naction or strategic proposal.\nDivision 2 NT EPA to provide assessment report and other\ndocuments to Minister\n","sortOrder":74},{"sectionNumber":"63","sectionType":"section","heading":"Application of Division","content":"63 Application of Division\nThis Division sets out the obligations of the NT EPA on completion\nof an environmental impact assessment of a referred action or\n","sortOrder":75},{"sectionNumber":"64","sectionType":"section","heading":"Assessment report","content":"64 Assessment report\nOn completion of an environmental impact assessment of a\nreferred action or strategic proposal under Part 4, the NT EPA must\nprovide an assessment report to the Minister.\n","sortOrder":76},{"sectionNumber":"65","sectionType":"section","heading":"Draft environmental approval","content":"65 Draft environmental approval\n(1) The NT EPA must provide the following to the Minister with the\nassessment report:\n(a) a draft environmental approval prepared in accordance with\nthe regulations;\n(b) any submissions received by the NT EPA on the draft\nenvironmental approval under the regulations;\n(c) any written comments of the NT EPA on those submissions.\n(2) Subsection (1) does not apply if the NT EPA provides the Minister\nwith a statement of unacceptable impact under section 66.\n\nEnvironment Protection Act 2019 46\n(3) The draft environmental approval may set out the conditions\nrecommended to apply to that approval.\n","sortOrder":77},{"sectionNumber":"66","sectionType":"section","heading":"Statement of unacceptable impact","content":"66 Statement of unacceptable impact\n(1) The NT EPA may provide the Minister with a statement of\nunacceptable impact with the assessment report if it considers that:\n(a) the referred action or strategic proposal will have an\nunacceptable environmental impact; and\n(b) the impact cannot be appropriately avoided, mitigated or\nmanaged and an environmental offset is not appropriate.\n(2) The NT EPA must provide the following to the Minister with the\nstatement of unacceptable impact:\n(a) any submissions received by the NT EPA on the draft\nstatement of unacceptable impact under the regulations;\n(b) any written comments of the NT EPA on those submissions.\n","sortOrder":78},{"sectionNumber":"67","sectionType":"section","heading":"Notice of assessment report and other documents","content":"67 Notice of assessment report and other documents\n(1) The NT EPA must publish a notice stating where the following\ndocuments provided to the Minister may be obtained or inspected:\n(a) an assessment report on a referred action or strategic\n(b) a draft environmental approval;\n(c) a statement of unacceptable impact.\n(2) The notice must be published as soon as practicable after the\ndocuments are provided to the Minister.\n","sortOrder":79},{"sectionNumber":"68","sectionType":"section","heading":"Application of Division","content":"68 Application of Division\nThis Division applies to a draft environmental approval provided to\nthe Minister by the NT EPA under Division 2.\n","sortOrder":80},{"sectionNumber":"69","sectionType":"section","heading":"Decision of Minister in relation to draft environmental approval","content":"69 Decision of Minister in relation to draft environmental approval\n(a) accept the draft environmental approval and grant the\n\nEnvironment Protection Act 2019 47\n(b) grant an amended environmental approval; or\n(c) refuse to grant the environmental approval.\n(2) If the Minister refuses under subsection (1)(c) to grant the\nenvironmental approval, the Minister must as soon as practicable\nafter the decision is made:\n(a) prepare and publish a statement of reasons for refusing to\ngrant the approval; and\n(b) give a copy of the decision and the statement of reasons for\nthe decision to:\n(iii) any statutory decision-maker consulted under this\nDivision in relation to the proposal to refuse to grant the\n","sortOrder":81},{"sectionNumber":"70","sectionType":"section","heading":"Consultation on proposal to grant an amended approval","content":"70 Consultation on proposal to grant an amended approval\n(1) If the Minister proposes to grant an amended environmental\napproval, the Minister must:\n(ii) if the amendment relates to a potential health impact of\nan action – the Chief Health Officer; and\n(iii) if the amendment relates to a potential impact of an\naction on a social or cultural matter that is within the\nresponsibility of a Minister – that Minister; and\nspecified in writing by the Minister from a person or entity\nreferred to in paragraph (a) or (b).\n\nEnvironment Protection Act 2019 48\n(2) The required time under section 74 for the Minister to make a\n","sortOrder":82},{"sectionNumber":"71","sectionType":"section","heading":"Consultation on proposal to refuse to grant environmental","content":"71 Consultation on proposal to refuse to grant environmental\n(1) If the Minister proposes to refuse to grant an environmental\napproval, the Minister must:\ndecision-maker within the time specified in writing by the\n(2) The required time under section 74 for the Minister to make a\n","sortOrder":83},{"sectionNumber":"72","sectionType":"section","heading":"Show cause process","content":"72 Show cause process\n(1) The Minister must not refuse to grant an environmental approval\nunless the Minister has first complied with this section.\nproponent:\n(a) stating the Minister's intention to refuse to grant the\n(b) asking the proponent to show cause why the environmental\napproval should be granted.\n(3) The show cause notice must specify the date by which the\nproponent may show cause.\n(5) The Minister must consider any response given by the proponent to\nthe show cause notice in making a decision under section 69.\n\nEnvironment Protection Act 2019 49\n","sortOrder":84},{"sectionNumber":"73","sectionType":"section","heading":"Matters to be considered by Minister in deciding on","content":"73 Matters to be considered by Minister in deciding on\nenvironmental approval\n(1) In addition to the matters set out in Part 2, the Minister must\nconsider the following in deciding whether to grant or refuse an\nenvironmental approval for an action or strategic proposal:\n(b) the assessment report on the action or strategic proposal;\n(c) whether the proponent is a fit and proper person to hold an\nenvironmental approval;\n(d) any other matters the Minister considers relevant.\n(2) Before granting an environmental approval for an action or strategic\nproposal, the Minister must be satisfied that:\n(a) the community has been consulted on the potential\nenvironmental impacts and environmental benefits of the\nproposed action or strategic proposal; and\n(b) the significant impacts of the action or strategic proposal have\nbeen appropriately avoided or mitigated or can be\n(c) if appropriate, environmental offsets can be provided in\naccordance with this Act for significant residual adverse\nimpacts on the environment that cannot be avoided or\nmitigated.\n","sortOrder":85},{"sectionNumber":"74","sectionType":"section","heading":"Time for decision on environmental approval","content":"74 Time for decision on environmental approval\n(1) The Minister must make a decision to grant or refuse an\nenvironmental approval within the required time.\n(2) If the Minister does not make a decision within the required time to\ngrant or refuse an environmental approval:\n(a) the Minister is taken to have accepted the NT EPA\nrecommendations for the action or strategic proposal; and\n(b) if the NT EPA has recommended the granting of the\nenvironmental approval – the draft environmental approval\nprepared by the NT EPA is taken to be an environmental\napproval granted by the Minister on the day after the end of\nthe required time.\n\nEnvironment Protection Act 2019 50\nthe assessment report and draft environmental approval.\n","sortOrder":86},{"sectionNumber":"Div 4","sectionType":"division","heading":"Decision of Minister on statement of unacceptable","content":"Division 4 Decision of Minister on statement of unacceptable\nimpact\n","sortOrder":87},{"sectionNumber":"75","sectionType":"section","heading":"Application of Division","content":"75 Application of Division\nThis Division applies if the NT EPA provides the Minister with a\nstatement of unacceptable impact under Division 2.\n","sortOrder":88},{"sectionNumber":"76","sectionType":"section","heading":"Minister's decision in relation to statement","content":"76 Minister's decision in relation to statement\n(1) If the NT EPA provides the Minister with a statement of\nunacceptable impact, the Minister:\n(a) must consider the assessment report and the statement; and\n(b) may decide:\n(i) to accept the statement and refuse to grant an\n(ii) not to accept the statement and grant an environmental\napproval to the proponent.\n(2) In addition to the matters set out in Part 2, the Minister must\nconsider the following in making a decision under this section:\n(c) any other matters the Minister considers relevant.\n(3) If the Minister intends to accept the statement of unacceptable\nimpact, the Minister must:\ndecision-maker within the time specified in writing by the\n(4) The required time under section 77 for the Minister to make a\nout a consultation under subsection (3).\n\nEnvironment Protection Act 2019 51\n(5) Before deciding not to accept a statement of unacceptable impact,\nthe Minister must be satisfied that:\n(a) the community has been consulted on the potential\nenvironmental impacts and environmental benefits of the\nproposed action or strategic proposal; and\n(b) the significant impacts of the action or strategic proposal have\nbeen appropriately avoided or mitigated or can be\n(c) if appropriate, environmental offsets can be provided in\naccordance with this Act for significant residual adverse\nimpacts on the environment that cannot be avoided or\nmitigated; and\n(d) the proponent is a fit and proper person to hold an\n","sortOrder":89},{"sectionNumber":"77","sectionType":"section","heading":"Time for decision on statement of unacceptable impact","content":"77 Time for decision on statement of unacceptable impact\n(1) The Minister must make a decision to accept or not accept a\nstatement of unacceptable impact within the required time.\n(2) If the Minister does not make a decision within the required time to\naccept or not accept a statement of unacceptable impact, the\nMinister is taken to have:\n(a) accepted the statement of unacceptable impact; and\n(b) refused to grant the environmental approval.\nthe assessment report and statement of unacceptable impact.\n","sortOrder":90},{"sectionNumber":"78","sectionType":"section","heading":"Show cause process","content":"78 Show cause process\n(1) The Minister must not accept a statement of unacceptable impact\nunless the Minister has first complied with this section.\nproponent:\n(a) stating the Minister's intention to accept the statement of\nunacceptable impact; and\n(b) asking the proponent to show cause why the statement should\nnot be accepted.\n\nEnvironment Protection Act 2019 52\n(3) The show cause notice must specify the date by which the\nproponent may show cause.\n(5) The Minister must consider any response given by the proponent to\nthe show cause notice in making a decision under section 76.\n","sortOrder":91},{"sectionNumber":"79","sectionType":"section","heading":"Refusal of approval if Minister accepts statement","content":"79 Refusal of approval if Minister accepts statement\n(1) If the Minister accepts the statement of unacceptable impact, the\nMinister must refuse to grant the environmental approval.\n(2) If the Minister accepts the statement of unacceptable impact, the\nMinister must:\n(a) publish a statement of reasons for refusing the approval; and\n(b) give a copy of the decision and the statement of reasons for\nthe decision to:\n(iii) any statutory decision-maker consulted in relation to the\nstatement of unacceptable impact.\n(3) The statement of reasons may refer to or adopt the statement of\nunacceptable impact.\n","sortOrder":92},{"sectionNumber":"80","sectionType":"section","heading":"Environmental approval granted if Minister rejects statement","content":"80 Environmental approval granted if Minister rejects statement\n(1) If the Minister does not accept the statement of unacceptable\nimpact, the Minister must grant an environmental approval within\nthe required time.\n(2) If the Minister proposes to grant an environmental approval under\nsubsection (1), the Minister must:\n\nEnvironment Protection Act 2019 53\n(ii) if the approval is to include a condition that relates to a\npotential health impact of an action – the Chief Health\n(iii) if the approval is to include a condition that relates to a\npotential impact of an action on a social or cultural\n(3) The required time under this section ceases to run during any\nperiod that the Minister carries out a consultation under\nsubsection (2).\nrequired time means 60 business days after the Minister makes\nthe decision not to accept the statement of unacceptable impact.\n","sortOrder":93},{"sectionNumber":"81","sectionType":"section","heading":"Application of Division","content":"81 Application of Division\nThis Division sets out the requirements for the publication of an\nenvironmental approval granted under this Part.\n","sortOrder":94},{"sectionNumber":"82","sectionType":"section","heading":"Publication of environmental approval","content":"82 Publication of environmental approval\n(1) Subject to subsection (2), the Minister must publish an\nenvironmental approval granted under Division 3 or 4 as soon as\npracticable after it is granted.\n(2) If a draft environmental approval is taken to be an environmental\napproval under section 74(2), the CEO must, as soon as\npracticable after the approval takes effect, publish:\n(a) the environmental approval; and\n(b) a statement that the approval has been granted under\nsection 74(2).\n(3) If the environmental approval is granted under section 69 or 80(1),\nthe Minister must publish a statement of reasons for the approval.\n\nEnvironment Protection Act 2019 54\n(4) The statement of reasons must include the following:\n(a) for an approval granted under section 69(1)(a) – a statement\nthat the proposed conditions of the NT EPA have been\nadopted;\n(b) for an approval granted under section 69(1)(b) – a statement\nof the amendments made and the reasons for those\namendments;\n(c) for an approval granted under section 80 – a statement of the\nreasons for not accepting the statement of unacceptable\nimpact and for granting the approval.\n(5) The Minister must give a copy of the environmental approval and\nany statement of reasons published under subsection (3) to:\n(a) the NT EPA; and\n(b) the proponent; and\n(c) any statutory decision-maker consulted in accordance with\nsection 70 or 80.\n","sortOrder":95},{"sectionNumber":"83","sectionType":"section","heading":"Application of Division","content":"83 Application of Division\nThis Division sets out matters relating to the conditions of an\n","sortOrder":96},{"sectionNumber":"84","sectionType":"section","heading":"Conditions of environmental approval","content":"84 Conditions of environmental approval\n(1) An environmental approval may be granted subject to any\nconditions that the Minister considers necessary in relation to the\npotential environmental impacts of any action to which the approval\napplies and imposes on the approval in accordance with this Act.\n(2) It is a condition of each environmental approval that any action to\nwhich the approval applies complies with the requirements of this\nAct and the approval.\n(3) An approval holder must comply with the conditions of the\n","sortOrder":97},{"sectionNumber":"85","sectionType":"section","heading":"Condition may apply after action completed","content":"85 Condition may apply after action completed\n(1) A condition may be expressed to continue to apply in relation to an\naction to which the environmental approval applies after the\ncompletion of the action.\n\nEnvironment Protection Act 2019 55\n(2) Without limiting subsection (1), the conditions of an environmental\napproval may include requirements for:\n(a) rehabilitation of the site after the action is completed or the\nsite of the action is closed; and\n(b) ongoing monitoring, management and reporting after the\naction is completed or the site of the action is closed.\n(3) Without limiting subsection (1), the conditions of an environmental\napproval may require that the availability of an environment\nprotection bond extend beyond the period to which the\nenvironmental approval relates to include any period for which post-\nclosure monitoring, management and reporting are required.\n","sortOrder":98},{"sectionNumber":"86","sectionType":"section","heading":"Conditions imposing financial requirements","content":"86 Conditions imposing financial requirements\n(1) A condition may provide that the approval holder must provide to\nthe Minister an environment protection bond in the amounts or\nvalues and at the times required by the Minister by written notice to\nthe approval holder.\n(2) A condition may require the approval holder to pay an environment\nprotection levy in accordance with Part 7, Division 2.\n","sortOrder":99},{"sectionNumber":"87","sectionType":"section","heading":"Conditions requiring reporting of compliance with approval","content":"87 Conditions requiring reporting of compliance with approval\n(1) A condition may require the approval holder to report to the CEO on\nthe approval holder's compliance with the environmental approval\nand with any other requirements imposed by this Act in relation to\nthe approval.\n(2) A report must be provided in the manner and at the times specified\nin the approval.\n(3) The CEO may direct the approval holder to publish the report in the\nmanner the CEO directs.\n","sortOrder":100},{"sectionNumber":"88","sectionType":"section","heading":"Conditions relating to management of health, social and","content":"88 Conditions relating to management of health, social and\ncultural impacts\n(1) Without limiting section 84, the Minister may impose conditions on\nan environmental approval to manage the potential health, social\nand cultural impacts of any action identified in the assessment\nreport.\n(2) The Minister must not impose a condition mentioned in\nsubsection (1) in relation to an action if a similar condition could be\nimposed on a licence, permit or other authority issued or granted\nunder another enactment.\n\nEnvironment Protection Act 2019 56\n","sortOrder":101},{"sectionNumber":"89","sectionType":"section","heading":"Conditions of environmental approval – environmental","content":"89 Conditions of environmental approval – environmental\napproval and the person is reckless in relation to that result;\nand\napproval and the person is reckless in relation to that result;\nand\n\nEnvironment Protection Act 2019 57\n","sortOrder":102},{"sectionNumber":"90","sectionType":"section","heading":"Application of Division","content":"90 Application of Division\nThis Division sets out the effect of an environmental approval.\n","sortOrder":103},{"sectionNumber":"91","sectionType":"section","heading":"Effect of environmental approval","content":"91 Effect of environmental approval\n(1) An environmental approval authorises the approval holder to take\nthe action approved by the approval in accordance with:\n(a) the approval; and\n(b) the conditions of the approval; and\n(c) the requirements of this Act.\n(2) An environmental approval remains in force until it is revoked or\nexpires.\n(3) An environmental approval is taken not to be in force during any\nperiod that it is suspended.\n\nEnvironment Protection Act 2019 58\n","sortOrder":104},{"sectionNumber":"92","sectionType":"section","heading":"Environmental approval to prevail over other statutory","content":"92 Environmental approval to prevail over other statutory\nauthorisations\n(1) An environmental approval has effect despite anything to the\ncontrary in any other statutory authorisation.\n(2) Despite anything to the contrary in any other Act, a statutory\ndecision-maker must not make a decision in relation to a statutory\nauthorisation (including an amendment to an authorisation) that is\ninconsistent with an environmental approval.\n(3) A statutory authorisation granted before or after an environmental\napproval is of no effect to the extent that it is inconsistent with an\n(4) Nothing in this section prevents a statutory decision-maker from\nrefusing to grant a statutory authorisation on the basis of a potential\neconomic, social, health or cultural impact.\n(5) For this section, a statutory authorisation is not inconsistent with an\nenvironmental approval on the basis that the statutory authorisation\nincludes conditions that:\n(a) are more stringent than the environmental approval; or\n(b) address matters that are not included in the environmental\n","sortOrder":105},{"sectionNumber":"93","sectionType":"section","heading":"Environmental approval not personal property","content":"93 Environmental approval not personal property\nFor section 8(1)(k) of the Personal Property Securities Act 2009\n(Cth), an environmental approval is not personal property for that\nAct.\nNote for section 93\nA law of the Commonwealth, a State or a Territory may declare a right, licence or\nauthority granted by or under that law not to be personal property for the\nPersonal Property Securities Act 2009 (Cth)\n","sortOrder":106},{"sectionNumber":"94","sectionType":"section","heading":"Expiry of environmental approval","content":"94 Expiry of environmental approval\n(1) An environmental approval relating to an action expires if the\napproval holder does not take a required step or the required steps\nspecified in the approval in relation to the action within:\n(a) the time specified in the approval; or\n(b) that time as extended by the Minister on an application under\nthis section.\n\n","sortOrder":107},{"sectionNumber":"Div 7A","sectionType":"division","heading":"Consolidation or separation of environmental approvals","content":"Division 7A Consolidation or separation of environmental approvals\nEnvironment Protection Act 2019 59\n(2) In determining a time under subsection (1), the Minister may\nconsider any matters the Minister considers relevant including the\n(a) the complexity of the action and the environment affected;\n(b) the likelihood of significant change to the environment;\n(c) the extent to which the approval holder is required to take the\naction;\n(d) whether the environmental approval is granted on the basis of\na strategic assessment.\n(3) An approval holder may apply to the Minister to extend the time\nspecified for taking a step in relation to an action.\n(4) The Minister may grant an extension of time before, or within\n12 weeks after, the time specified in the approval for taking the\nstep.\n(5) If a time is extended under subsection (4):\n(a) the extension is taken to have effect from the end of the time\nspecified for taking the step or that time as previously\nextended; and\n(b) the environmental approval is taken not to have expired.\n","sortOrder":108},{"sectionNumber":"95","sectionType":"section","heading":"Environmental approval revoked if amended approval granted","content":"95 Environmental approval revoked if amended approval granted\nAn environmental approval for an action is revoked if an amended\napproval for the action is granted.\nDivision 7A Consolidation or separation of environmental\n","sortOrder":109},{"sectionNumber":"95A","sectionType":"section","heading":"Consolidation of environmental approvals","content":"95A Consolidation of environmental approvals\n(1) If there is more than one environmental approval applying to a\nparticular site, the Minister may, at the request of the proponent or\napproval holder, consolidate the environmental approvals and grant\none environmental approval in their place.\n(2) The Minister may make any amendments to the conditions of an\nenvironmental approval to be consolidated that the Minister\nconsiders necessary for the purposes of the consolidation.\n\nDivision 7A Consolidation or separation of environmental approvals\nEnvironment Protection Act 2019 60\n(3) Section 107 applies in relation to an amendment to the conditions\nof an environmental approval under subsection (2) other than an\nadministrative amendment.\n(4) The Minister must publish the following as soon as practicable after\nthe environmental approval is granted under subsection (1):\n(a) the environmental approval granted under subsection (1);\n(b) a statement of reasons for:\n(i) the consolidation of the environmental approvals; and\n(ii) any amendment made under subsection (2) to the\nconditions of an environmental approval.\n(5) If the Minister grants an environmental approval under\nsubsection (1), the replaced environmental approvals are revoked.\n","sortOrder":110},{"sectionNumber":"95B","sectionType":"section","heading":"Separation of environmental approvals","content":"95B Separation of environmental approvals\n(1) The Minister may, at the request of the proponent or approval\nholder, separate an environmental approval applying to a particular\nsite and grant 2 or more environmental approvals in its place.\n(2) The Minister may make any amendments to the conditions applying\nto each environmental approval that the Minister considers\nnecessary for the purposes of the separation.\n(3) Section 107 applies in relation to an amendment to the conditions\nof an environmental approval under subsection (2) other than an\nadministrative amendment.\n(4) The Minister must publish the following as soon as practicable after\nthe environmental approvals are granted under subsection (1):\n(a) the environmental approvals granted under subsection (1);\n(b) a statement of reasons for:\n(i) the separation of the environmental approval; and\n(ii) any amendment made under subsection (2) to the\nconditions of each environmental approval.\n(5) If the Minister grants 2 or more environmental approvals under\nsubsection (1), the replaced environmental approval is revoked.\n\nEnvironment Protection Act 2019 61\n","sortOrder":111},{"sectionNumber":"Div 8","sectionType":"division","heading":"Approval notice for actions under environmental","content":"Division 8 Approval notice for actions under environmental\napproval for strategic proposal\n","sortOrder":112},{"sectionNumber":"96","sectionType":"section","heading":"Application of Division","content":"96 Application of Division\nThis Division provides for an approval notice for a proposed action\nif an environmental approval has been granted following a strategic\nassessment.\n","sortOrder":113},{"sectionNumber":"97","sectionType":"section","heading":"Purpose of approval notice","content":"97 Purpose of approval notice\nThe purpose of an approval notice is to provide approval for a\nproposed action that was considered as part of a strategic proposal\nfor which an environmental approval has been granted.\n","sortOrder":114},{"sectionNumber":"97A","sectionType":"section","heading":"Requirement for approval notice","content":"97A Requirement for approval notice\nA person (including the approval holder) must not take any action\nunder an environmental approval granted following a strategic\nassessment unless an approval notice has been issued for that\n","sortOrder":115},{"sectionNumber":"98","sectionType":"section","heading":"Application for approval notice","content":"98 Application for approval notice\nA person may apply to the Minister for an approval notice for a\nproposed action if:\n(a) the proposed action has been assessed under a strategic\nassessment; and\n(b) an environmental approval was granted as a result of the\nstrategic assessment; and\n(c) the proposed action is within the scope of the proposed\nactions considered as part of the strategic assessment.\n","sortOrder":116},{"sectionNumber":"99","sectionType":"section","heading":"Minister may request further information","content":"99 Minister may request further information\n(1) On receipt of an application under section 98, the Minister may\nrequest the applicant to give the Minister any further information\nnecessary to enable the Minister to decide whether to accept the\napplication.\n(2) A request must:\n(a) be in writing; and\n(b) be made within 20 business days after the Minister receives\nthe application; and\n\nEnvironment Protection Act 2019 62\n(c) specify a time for providing the information.\n(3) The applicant must give the information to the Minister within the\ntime specified in the request.\n(4) If the Minister requests information under this section, the required\ntime under section 101(2) for the Minister to make a decision\nceases to run until the information is provided.\n","sortOrder":117},{"sectionNumber":"100","sectionType":"section","heading":"Consultation on application","content":"100 Consultation on application\n(1) Before making a decision on an application under section 101, the\nMinister must:\n(b) make reasonable efforts to obtain the views of any statutory\n(2) The required time under section 101(2) for the Minister to make a\n","sortOrder":118},{"sectionNumber":"101","sectionType":"section","heading":"Decision of Minister in relation to approval notice","content":"101 Decision of Minister in relation to approval notice\n(a) approve an application under section 98; or\n(b) refuse to approve an application under section 98.\n(2) The Minister must make a decision on the application within the\nrequired time.\n(2A) Before making a decision to approve an application, the Minister\nmust consider whether or not the applicant is a fit and proper\nperson to hold an approval notice.\n(3) Before making a decision to approve an application, the Minister\nmust be satisfied that:\n(a) the proposed action has been assessed under a strategic\nassessment; and\n\nEnvironment Protection Act 2019 63\n(c) it is appropriate in the circumstances to issue the approval\nnotice.\n(4) The Minister must not issue an approval notice for a proposed\naction if the environmental approval relevant to that application has\nexpired or been revoked.\n(5) In this section:\nthe application for the approval notice.\n","sortOrder":119},{"sectionNumber":"102","sectionType":"section","heading":"Issue of approval notice","content":"102 Issue of approval notice\n(1) If the Minister approves an application under section 101, the\nMinister must issue an approval notice to the applicant.\n(2) If the Minister approves an application under section 101, the\nMinister must give a copy of the approval notice to:\n(a) the NT EPA; and\n(b) any statutory decision-maker consulted under section 100;\nand\n(c) the approval holder of the environmental approval for the\n","sortOrder":120},{"sectionNumber":"102A","sectionType":"section","heading":"Conditions of approval notice","content":"102A Conditions of approval notice\n(1) An approval notice may be issued subject to any conditions that the\nMinister considers necessary to manage the potential\nenvironmental impacts of the action and imposes on the approval\nnotice in accordance with this section.\n(2) The conditions of an approval notice must not authorise activities\nthat, together with the activities authorised under any other\napproval notice relating to the environmental approval, would\nexceed any threshold for those activities specified in the\n(3) The conditions of an approval notice must be conditions that could\nbe imposed on an environmental approval.\n(4) The conditions of an approval notice must not be inconsistent with\nthe conditions of the environmental approval.\n\nEnvironment Protection Act 2019 64\n(5) For this section, a condition of an approval notice is not inconsistent\nwith the conditions of the environmental approval if the condition is\nmore stringent than the conditions of the environmental approval.\n(6) At the Minister's discretion, an approval notice may contain only\nconditions that are applicable to managing the significant impacts of\nthe action to which the approval notice relates.\n(7) The person issued with an approval notice must comply with the\nconditions of the approval notice.\n","sortOrder":121},{"sectionNumber":"103","sectionType":"section","heading":"Effect of approval notice","content":"103 Effect of approval notice\nIf an approval notice is issued in relation to a proposed action, the\nholder of the approval notice is taken to be an approval holder of\nthe environmental approval for that action.\n","sortOrder":122},{"sectionNumber":"104","sectionType":"section","heading":"Notice of refusal","content":"104 Notice of refusal\nIf the Minister refuses an application under section 101, the Minister\nmust give the applicant:\n(a) notice of the Minister's decision; and\n(b) a statement of reasons for the decision.\n","sortOrder":123},{"sectionNumber":"105","sectionType":"section","heading":"Publication of notice and reasons","content":"105 Publication of notice and reasons\n(1) The Minister must publish an approval notice issued under this\nDivision and a statement of the reasons for the decision to approve\nthe application as soon as practicable after the approval notice is\nissued.\n(2) The Minister must publish a statement of reasons for a decision\nunder section 101 to refuse an application as soon as practicable\nafter the decision is made.\n","sortOrder":124},{"sectionNumber":"105A","sectionType":"section","heading":"Amendment of approval notice","content":"105A Amendment of approval notice\n(1) The Minister may at any time on the Minister's own initiative or at\nthe request of the person to whom an approval notice is issued:\n(a) amend the approval notice to ensure consistency with any\namendment of the environmental approval relevant to the\napproval notice; or\n\nEnvironment Protection Act 2019 65\n(b) amend the approval notice to ensure consistency with an\nenvironmental approval granted under section 95A or 95B in\nplace of the environmental approval to which the approval\nnotice relates; or\n(c) make an administrative amendment to the approval notice.\n(2) If an approval notice is amended, the Minister must issue an\namended approval notice to the person to whom the approval\nnotice was issued.\n(3) The Minister must publish the amended approval notice and a\nstatement of reasons for the amendment as soon as practicable\nafter the approval notice is amended.\n(4) An approval notice for an action is revoked if an amended approval\nnotice for the action is issued.\n","sortOrder":125},{"sectionNumber":"106","sectionType":"section","heading":"Amendment of environmental approval","content":"106 Amendment of environmental approval\n(1) The Minister may amend an environmental approval:\n(a) at the request of the approval holder; or\n(b) on the recommendation of the NT EPA as a result of an\nenvironmental impact assessment of a significant variation of\nan action or strategic proposal; or\n(c) if the Minister becomes aware of information that was not\navailable to the Minister at the time of granting the\nenvironmental approval and the Minister would have imposed\ndifferent conditions on the environmental approval if the\ninformation had been available; or\n(ca) if the environmental approval is for an action to which an\nenvironmental approval for a strategic proposal applies and\nthe environmental approval for the action was granted after\nthe referral of the strategic proposal was accepted – to ensure\nthat the environmental approval for the action is consistent\nwith the environmental approval for the strategic proposal; or\n(d) if, as a result of the monitoring of compliance with or\nenforcement of this Act or the environmental approval, the\nMinister considers that the environmental impact of an action\nunder the environmental approval:\n(i) is not being appropriately avoided, mitigated or\nmanaged; or\n\nEnvironment Protection Act 2019 66\n(ia) is not being managed in a manner that is consistent with\nmeeting the objects of this Act; or\n(ii) is not being appropriately offset by an environmental\noffset.\n(2) The Minister must make a decision on a request from an approval\nholder within the required time.\n(3) The Minister must, in making a decision on a request from an\napproval holder:\n(a) consider the following:\n(i) the matters set out in Part 2;\n(ii) the objects of this Act;\n(iii) the assessment report on the action; and\n(b) be satisfied that the amendment will not prevent:\n(i) the significant impacts of the action from being\nappropriately avoided or mitigated or from being\n(ii) any appropriate environmental offsets from being\nprovided for significant residual adverse impacts on the\nenvironment that cannot be avoided or mitigated.\n(3A) The Minister may, at any time on the Minister’s own initiative or at\nthe request of the approval holder, make an administrative\namendment to an environmental approval.\n(3B) Subsections (1), (2) and (3) do not apply to an administrative\na request for an amendment from the approval holder.\n","sortOrder":126},{"sectionNumber":"107","sectionType":"section","heading":"Consultation on proposed amendment","content":"107 Consultation on proposed amendment\n(1) Before amending an environmental approval at the request of the\napproval holder, the Minister must:\n\nEnvironment Protection Act 2019 67\n(ii) if the amendment is to include a condition that relates to\na potential health impact of an action – the Chief Health\n(iii) if the amendment is to include a condition that relates to\na potential impact of an action on a social or cultural\n(2) Before amending an environmental approval on the Minister's own\ninitiative, the Minister must:\n(ii) the approval holder; and\n(ii) if the amendment is to include a condition that relates to\na potential health impact of an action – the Chief Health\n(iii) if the amendment is to include a condition that relates to\na potential impact of an action on a social or cultural\n(3) The required time under section 106(2) for the Minister to make a\ndecision under section 106(1)(a) ceases to run during any period\nthat the Minister carries out a consultation under subsection (1).\n\nEnvironment Protection Act 2019 68\n(4) Subsections (1), (2) and (3) do not apply to an administrative\n","sortOrder":127},{"sectionNumber":"108","sectionType":"section","heading":"Publication of amended environmental approval","content":"108 Publication of amended environmental approval\nThe Minister must publish the amended environmental approval\nand a statement of reasons for the amendment as soon as\npracticable after the environmental approval is amended.\n","sortOrder":128},{"sectionNumber":"Div 10","sectionType":"division","heading":"Revocation or suspension of environmental","content":"Division 10 Revocation or suspension of environmental\n","sortOrder":129},{"sectionNumber":"109","sectionType":"section","heading":"Revocation of environmental approval","content":"109 Revocation of environmental approval\nThe Minister may revoke an environmental approval:\n(a) if the Minister becomes aware of information that was not\navailable to the Minister at the time of granting the approval\nand the Minister is satisfied that the approval would not have\nbeen granted if the information had been available; or\n(b) if the Minister, as a result of the monitoring of compliance with\nor enforcement of this Act or the approval or otherwise, is of\nthe opinion that the approval holder is not a fit and proper\nperson to hold the approval; or\n(c) if the Minister, as a result of the monitoring of compliance with\nor enforcement of this Act or the approval or otherwise,\nbelieves on reasonable grounds that:\n(i) the environmental impacts of an action cannot be\nappropriately avoided, mitigated or managed; and\n(ii) an environmental offset is not appropriate; or\n(d) at the request of the approval holder.\n","sortOrder":130},{"sectionNumber":"110","sectionType":"section","heading":"Suspension of approval","content":"110 Suspension of approval\n(1) The Minister may, by written notice to the approval holder, suspend\nan environmental approval instead of revoking the approval.\n(2) The suspension is to be for a period specified in the notice.\n","sortOrder":131},{"sectionNumber":"111","sectionType":"section","heading":"Show cause process","content":"111 Show cause process\n(1) The Minister must not revoke or suspend an environmental\napproval under section 109 or 110 unless the Minister has first\ncomplied with this section.\n\nEnvironment Protection Act 2019 69\napproval holder:\n(a) stating the Minister's intention to revoke or suspend the\n(b) asking the approval holder to show cause why the\nenvironmental approval should not be revoked or suspended.\n(3) The show cause notice must specify the date by which the approval\nholder may show cause.\n(5) The Minister must consider any response given by the approval\nholder to the show cause notice in making a decision under\nsection 109 or 110.\n(6) This section does not apply to a revocation at the request of the\napproval holder.\n","sortOrder":132},{"sectionNumber":"112","sectionType":"section","heading":"Notice to statutory decision-makers","content":"112 Notice to statutory decision-makers\nThe Minister must give written notice to any statutory decision-\nmaker consulted in relation to an environmental approval of:\n(a) the Minister's intention to revoke or suspend an environmental\n(b) a decision by the Minister under this Division:\n(i) to revoke an environmental approval; or\n(ii) to suspend an environmental approval; or\n(iii) not to revoke or suspend an environmental approval\nafter a show cause notice is given under section 111.\n","sortOrder":133},{"sectionNumber":"113","sectionType":"section","heading":"Obligations under approval to continue","content":"113 Obligations under approval to continue\n(1) This section applies if an environmental approval is revoked or\nsuspended.\n(2) The person who was the approval holder of the environmental\napproval must continue to:\n(a) comply with any obligations under the environmental approval\nto manage the site to which the approval applies to minimise\nor remediate the environmental impact of any action to which\nthe approval applies; and\n\nEnvironment Protection Act 2019 70\n(b) comply with any obligations under the environmental approval\nthat relate to rehabilitation of the environment; and\n(c) comply with any necessary environmental monitoring,\nmanagement and reporting obligations at the site to which the\nenvironmental approval applies.\n(3) The person required to comply with subsection (2) may apply to the\nMinister to waive the requirement to comply with that subsection.\n(4) The Minister may waive compliance with any of the requirements of\nsubsection (2) if the Minister considers it appropriate to do so.\n","sortOrder":134},{"sectionNumber":"114","sectionType":"section","heading":"Revocation at request of approval holder","content":"114 Revocation at request of approval holder\n(1) This section applies if an approval holder requests the Minister to\nrevoke an environmental approval on the basis that all remediation,\nrehabilitation and closure requirements of the approval have been\nmet.\n(2) The Minister may revoke the environmental approval if the Minister\nis satisfied that the approval is no longer required because all\nremediation, rehabilitation and closure requirements of the approval\nhave been met to the satisfaction of the Minister.\n(3) The revocation of an environmental approval under this section\ndoes not prevent the issue of a closure notice in relation to any\nactivities under the approval or for the closure of the site.\n(4) The Minister must make a decision on the request within the\nrequired time.\n(5) If the Minister proposes to revoke an environmental approval under\nthis section, the Minister must:\n(ii) if the approval includes a condition that relates to a\npotential health impact of an action – the Chief Health\n(iii) if the approval includes a condition that relates to a\npotential impact of an action on a social or cultural\n\nEnvironment Protection Act 2019 71\n(6) The required time under subsection (4) for the Minister to make a\nout a consultation under subsection (5).\nthe request.\n","sortOrder":135},{"sectionNumber":"115","sectionType":"section","heading":"Strategic assessment – revocation of approval","content":"115 Strategic assessment – revocation of approval\n(1) This section applies if an environmental approval was granted as a\nresult of a strategic assessment.\n(2) The Minister must not revoke the environmental approval at the\nrequest of an approval holder unless all approval holders under the\napproval agree to the revocation.\n","sortOrder":136},{"sectionNumber":"116","sectionType":"section","heading":"Strategic assessment – revocation or suspension of approval","content":"116 Strategic assessment – revocation or suspension of approval\n(a) an environmental approval was granted as a result of a\nstrategic assessment; and\n(b) a person is:\n(i) the approval holder to whom the environmental approval\nwas granted; or\n(ii) an approval holder to whom an approval notice has\nbeen issued in relation to the environmental approval.\n(2) The Minister may revoke or suspend the entitlement of a person to\nbe an approval holder under that environmental approval.\n(3) Sections 109 to 111 apply to a decision under subsection (2) as if it\nwere a decision to revoke or suspend the environmental approval.\n(4) An action by the Minister under subsection (2) does not affect the\nentitlement of any other person to be an approval holder under the\n\nEnvironment Protection Act 2019 72\n","sortOrder":137},{"sectionNumber":"117","sectionType":"section","heading":"Contravention of continuing obligations – environmental","content":"117 Contravention of continuing obligations – environmental\n(c) the conduct results in significant environmental harm and the\n(c) the conduct results in material environmental harm and the\n(c) the conduct results in significant environmental harm.\nsection 113.\n\nEnvironment Protection Act 2019 73\n","sortOrder":138},{"sectionNumber":"118","sectionType":"section","heading":"Transfer of environmental approval","content":"118 Transfer of environmental approval\nAn environmental approval may be transferred with the approval of\nthe Minister.\n","sortOrder":139},{"sectionNumber":"119","sectionType":"section","heading":"Application for approval to transfer","content":"119 Application for approval to transfer\n(1) The proposed transferee must apply to the Minister to approve the\ntransfer.\n(2) The application must:\n(b) be accompanied by any information required by the Minister to\nassess the application; and\n(c) be accompanied by the fee prescribed by regulation.\n(3) In the application the transferee must agree to perform any\nobligation imposed on the approval holder under this Act or the\n(4) An application cannot be made unless the approval holder consents\nto the transfer.\n","sortOrder":140},{"sectionNumber":"120","sectionType":"section","heading":"Minister may request information","content":"120 Minister may request information\n(1) The Minister may ask the following persons for information to assist\nthe Minister in assessing the application:\n(a) the approval holder;\n(b) the proposed transferee;\n(c) any other person who the Minister considers may have\nrelevant information.\n(2) If the Minister asks for information under this section, the required\ntime under section 123(2) for the Minister to make a decision\nceases to run until the information is provided.\n\nEnvironment Protection Act 2019 74\n","sortOrder":141},{"sectionNumber":"121","sectionType":"section","heading":"Minister must consider certain matters","content":"121 Minister must consider certain matters\nIn addition to the matters set out in Part 2, the Minister must\nconsider the following in deciding whether to approve a transfer of\nan environmental approval:\n(b) whether the proposed transferee is a fit and proper person to\nhold an environmental approval;\n(c) any other matters the Minister considers relevant.\n","sortOrder":142},{"sectionNumber":"122","sectionType":"section","heading":"Consultation on transfer","content":"122 Consultation on transfer\n(1) Before making a decision on whether to approve or refuse to\napprove the transfer of an environmental approval or to amend the\nenvironmental approval under section 123, the Minister must:\n(a) consult the NT EPA; and\n(ii) if the Minister proposes to amend a condition of the\nenvironmental approval that relates to a potential health\nimpact of an action – the Chief Health Officer; and\n(iii) if the Minister proposes to amend a condition that relates\nto a potential impact of an action on a social or cultural\n(2) The Minister must consult with the proposed transferee if the\nMinister proposes to:\n(a) amend the environmental approval; or\n(b) refuse to approve the transfer.\n(3) The required time under section 123(2) for the Minister to make a\nout a consultation under subsection (1) or (2).\n\nEnvironment Protection Act 2019 75\n","sortOrder":143},{"sectionNumber":"123","sectionType":"section","heading":"Decision on transfer","content":"123 Decision on transfer\n(a) approve the transfer of an environmental approval; or\n(b) refuse to approve the transfer of the environmental approval.\n(2) The Minister must make a decision on the application within the\nrequired time after the Minister receives the application for approval\nof the transfer.\n(3) If the Minister approves the transfer of the environmental approval,\nthe Minister may amend the environmental approval and grant an\namended environmental approval in its place.\n(4) The Minister's approval may be subject to a condition that the\ntransfer does not take effect until the transfer of assets or other\nmatters related to the action have occurred.\n(5) Until a transfer of the environmental approval takes effect the\napproval holder is responsible for performing all obligations in\nrelation to the approval.\nthe application for approval of the transfer.\n","sortOrder":144},{"sectionNumber":"124","sectionType":"section","heading":"Publication of approval of transfer and reasons","content":"124 Publication of approval of transfer and reasons\n(1) The Minister must publish a decision to approve a transfer of an\nenvironmental approval under this Division as soon as practicable\nafter the decision is made.\n(2) The Minister must publish a statement of reasons for a decision to\napprove or refuse to approve a transfer of an environmental\napproval under this Division.\n(3) In addition to subsections (1) and (2), if the Minister amends the\nenvironmental approval under section 123(3), the Minister must\npublish the following as soon as practicable after the decision to\napprove the transfer of the environmental approval is made:\n(a) the amended environmental approval;\n(b) a statement of reasons for the amendment.\n\nEnvironment Protection Act 2019 76\n","sortOrder":145},{"sectionNumber":"124A","sectionType":"section","heading":"Purpose of Part","content":"124A Purpose of Part\nThe purpose of this Part is to provide for:\n(a) the duties and obligations of title holders in relation to mining\nsites; and\n(b) the duties and obligations of mining operators in relation to\nmining activities and mining sites; and\n(c) the granting and amendment of environmental (mining)\nlicences; and\n(d) the transfer, suspension, cancellation and revocation of\nenvironmental (mining) licences.\n","sortOrder":146},{"sectionNumber":"124B","sectionType":"section","heading":"Application","content":"124B Application\n(1) This Part applies in relation to mining sites and mining activities\nwhether or not a mining activity requires an environmental impact\nassessment.\n(2) This Part does not apply in relation to the extraction of material from\ntemporary borrow pits required for the construction or maintenance\nof a road, railway or other infrastructure unless the extraction is\ncarried out on a mining site in respect of which a person holds a\nmineral interest.\n(3) This Part does not apply to an area of land on which the port\noperator, as defined in section 3 of the Ports Management\nAct 2015, of the Port of Darwin, as defined in that section, carries\nout, or has carried out, operations and works mentioned in\nsection 13A(1)(f).\n(4) This Part does not apply to any activity carried out by or on behalf\nof the Minister administering the Legacy Mines Remediation Act in\nrelation to a legacy mine site, reserved legacy mine site or legacy\nmine feature.\n\nEnvironment Protection Act 2019 77\n","sortOrder":147},{"sectionNumber":"124C","sectionType":"section","heading":"Mining activities in relation to prescribed substances","content":"124C Mining activities in relation to prescribed substances\n(1) Before a power is exercised or a function is performed under this\nPart in relation to the licensing of a mining activity or class of mining\nactivities in respect of a prescribed substance:\n(a) the Minister must consult with the Commonwealth Minister\nabout matters agreed in writing between the Commonwealth\nand the Territory relating to the mining of prescribed\nsubstances; and\n(b) the Minister must act in accordance with any advice provided\nby the Commonwealth Minister.\n(2) In granting or varying an environmental (mining) licence that relates\nto the Ranger Project Area, the Minister must ensure that the\nenvironmental (mining) licence incorporates or adopts by reference\n(with the necessary modifications) any environmental requirements\nand rehabilitation requirements applying under the Atomic Energy\nAct to a Part III authority that applies to the site affected by the\n","sortOrder":148},{"sectionNumber":"124D","sectionType":"section","heading":"Title holder may be mining operator or may appoint one or","content":"124D Title holder may be mining operator or may appoint one or\nmore mining operators\n(1) The title holder of a mining site may be a mining operator for the\n(2) If the title holder of a mining site is not to be the sole mining\noperator for the site, the title holder must, in writing, appoint one or\nmore mining operators for the site.\n(3) Subject to subsection (4), a title holder of a mining site must not\nappoint more than one mining operator in relation to the same kind\nof mineral or extractive mineral at a mining site.\n(4) A title holder of a mining site may appoint more than one mining\noperator in relation to the same kind of mineral or extractive mineral\nat a mining site if each mining operator is carrying out a different\nkind of mining activity in relation to that mineral or extractive\nmineral.\n(5) If the title holder appoints a mining operator for a mining site, the\ntitle holder must, not later than 10 business days after making the\nappointment, give the CEO notice in the approved form of the\nappointment and the date on which it took effect.\n\nEnvironment Protection Act 2019 78\n(6) If a mining operator resigns or the appointment is terminated, the\ntitle holder must, not later than 10 business days after the date on\nwhich the resignation or termination takes effect, give the CEO\nnotice in the approved form of the resignation or termination and\nthe date on which it took effect.\n(7) On the termination of the appointment of a mining operator, the title\nholder becomes the mining operator responsible for complying with\nthe mining operator's obligations under this Act in relation to the\n(8) If there is more than one mining operator for a mining site at a\nparticular time, a reference in this Act to the mining operator for the\nmining site is a reference to each concurrent mining operator for the\n","sortOrder":149},{"sectionNumber":"124E","sectionType":"section","heading":"Offence to contravene notice requirement","content":"124E Offence to contravene notice requirement\n(a) the person is required under section 124D(5) or (6) to give a\nnotice to the CEO; and\nDivision 3 Environmental obligations in relation to mining\nsites and mining activities\n","sortOrder":150},{"sectionNumber":"124F","sectionType":"section","heading":"Obligations of title holder who has appointed mining operator","content":"124F Obligations of title holder who has appointed mining operator\n(1) The title holder of a mining site who has appointed a mining\noperator for the site under section 124D must provide the mining\noperator with all relevant information available to the title holder that\nmay assist the mining operator to establish and implement an\nappropriate environment protection management system for the\n\nEnvironment Protection Act 2019 79\n(2) The title holder of a mining site who has appointed a mining\noperator for the site under section 124D must ensure that the\nmining operator:\n(a) is competent; and\n(b) provides adequate resources to establish and implement the\nenvironment protection management system for the site.\n","sortOrder":151},{"sectionNumber":"124G","sectionType":"section","heading":"General obligations of mining operator","content":"124G General obligations of mining operator\n(1) A mining operator of a mining site must:\n(a) prevent or minimise environmental impacts in the\nestablishment, operation, care and maintenance and closure\nof the mining site; and\n(b) design, maintain, operate, decommission remediate and\nrehabilitate structures and facilities on the mining site in a\nmanner that minimises environmental impacts; and\n(c) maintain and operate structures and equipment erected or\ninstalled at the mining site to a standard that enables their\nproper and efficient use so as to minimise environmental\nimpacts; and\n(d) during any care and maintenance period for the mining site,\nmaintain structures and facilities and implement an\nappropriate program of maintenance to ensure that structures\nand facilities do not cause environmental impacts.\n(2) Without limiting subsection (1)(a), environmental impacts may\ninclude the generation of wastes and pollution and impacts from the\nclearing of native vegetation.\n(3) Subsection (1) does not limit the power of the Minister to place\nconditions on an environmental (mining) licence in relation to the\nmatters in that subsection.\n(4) This section does not apply in relation to a legacy mine or a legacy\nmine feature.\n","sortOrder":152},{"sectionNumber":"124H","sectionType":"section","heading":"Obligations of mining operators – legacy mine feature","content":"124H Obligations of mining operators – legacy mine feature\n(1) This section applies in relation to a legacy mine feature on a mining\n\nEnvironment Protection Act 2019 80\n(2) The mining operator of the mining site must:\n(a) monitor the environmental impacts associated with or resulting\nfrom the legacy mine feature including any impacts occurring\noutside the mining site; and\n(b) manage the environmental impacts associated with or\nresulting from the legacy mine feature including any impacts\noccurring outside the mining site; and\n(c) remediate and rehabilitate the environmental impacts\nassociated with or resulting from the legacy mine feature at\nthe mining site, if:\n(i) the mining operator has conducted mining activities on\nthe legacy mine feature or any part of the legacy mine\nfeature; or\n(ii) any action of the mining operator has had an adverse\nimpact on the legacy mine feature; and\n(d) undertake post-closure monitoring, management and\nreporting activities required for the legacy mine feature if the\nmining operator is responsible, under paragraph (c), for the\nremediation and rehabilitation of the environmental impacts\nassociated with or resulting from the legacy mine feature.\n","sortOrder":153},{"sectionNumber":"124J","sectionType":"section","heading":"Environmental obligations – environmental offences","content":"124J Environmental obligations – environmental offences\nthe person is reckless in relation to that result; and\n\nEnvironment Protection Act 2019 81\nthe person is reckless in relation to that result; and\n(e) the conduct results in significant environmental harm.\n(e) the conduct results in material environmental harm.\n(6) Strict liability applies to subsections (1)(b) and (d) and (2)(b)\n\nEnvironment Protection Act 2019 82\n","sortOrder":154},{"sectionNumber":"124K","sectionType":"section","heading":"Purpose of environmental (mining) licence","content":"124K Purpose of environmental (mining) licence\nThe purpose of an environmental (mining) licence is to prevent,\nminimise and monitor the environmental impacts of a mining activity\nincluding in relation to any of the following:\n(a) the planning and design of the mining activity and any\npreliminary activities relating to the mining activity;\n(b) the construction or carrying out of works for the mining\nactivity;\n(c) the operation of the mining activity;\n(d) the remediation and rehabilitation requirements resulting from\nthe mining activity;\n(e) the completion of the mining activity and the closure of the\n","sortOrder":155},{"sectionNumber":"124L","sectionType":"section","heading":"Requirement for environmental (mining) licence","content":"124L Requirement for environmental (mining) licence\n(1) The mining operator for a mining site may carry out a mining activity\non a mining site only if:\n(a) the mining operator holds an environmental (mining) licence\nthat authorises that activity; or\n(b) the mining activity is exempt under section 124Q or the\n(2) However, subsection (1) applies in relation to the carrying out of\nexploration for minerals or extractive minerals on a mining site only\nif the exploration will involve substantial disturbance of the mining\n\nEnvironment Protection Act 2019 83\n(3) Without limiting subsection (2), the regulations may specify\nactivities that do or do not constitute substantial disturbance of a\nmining site for that subsection.\n(4) The mining operator for a mining site is not entitled to hold an\nenvironmental (mining) licence for a mining activity for which an\nenvironmental approval is required under this Act unless the mining\noperator is the approval holder.\n(5) A person is not entitled to hold an environmental (mining) licence\nfor a mining activity at a mining site unless the person is the mining\noperator for the mining site.\n(6) Nothing in this Act prevents the granting of more than one\nenvironmental (mining) licence for a mining site.\n","sortOrder":156},{"sectionNumber":"124M","sectionType":"section","heading":"Environmental (mining) licence for exploration activities","content":"124M Environmental (mining) licence for exploration activities\nrelating to exploration applies to any phase of mining activity\nassociated with exploration, including:\n(a) exploration activities; and\n(b) remediation and rehabilitation of land as a result of exploration\nactivities; and\n(c) closure of those parts of a mining site that are not required for\nmining operations; and\n(d) post-closure monitoring, management and reporting of the\nparts of the mining site that have been rehabilitated and\nclosed.\n","sortOrder":157},{"sectionNumber":"124N","sectionType":"section","heading":"Environmental (mining) licence for mining operations","content":"124N Environmental (mining) licence for mining operations\nrelating to mining operations applies to any phase of mining activity\nassociated with the mining or processing of minerals, including:\n(a) mining operations; and\n(b) remediation and rehabilitation of the mining site; and\n(c) care and maintenance periods; and\n(d) closure of the mining site; and\n(e) post-closure monitoring, management and reporting.\n\nEnvironment Protection Act 2019 84\n","sortOrder":158},{"sectionNumber":"124P","sectionType":"section","heading":"Environmental (mining) licence for extractive operations","content":"124P Environmental (mining) licence for extractive operations\nrelating to extractive operations applies to any phase of mining\nactivity associated with the extraction of extractive minerals,\nincluding:\n(a) extractive operations; and\n(b) remediation and rehabilitation of the mining site; and\n(c) care and maintenance periods; and\n(d) closure of the mining site; and\n(e) post-closure monitoring, management and reporting.\n","sortOrder":159},{"sectionNumber":"124Q","sectionType":"section","heading":"Exemption from licensing requirements","content":"124Q Exemption from licensing requirements\n(1) The Minister may, by Gazette notice, grant an exemption from a\nrequirement under this Part to hold an environmental (mining)\nlicence in relation to a class of mining activities.\n(2) The Minister, on the application of the mining operator, may grant\nan exemption from a requirement under this Part to hold an\nenvironmental (mining) licence for a mining activity.\n(3) Without limiting subsections (1) and (2), an exemption may be\ngranted under this section from the requirement to hold an\nenvironmental (mining) licence in relation to the obligations in\nsection 124H.\n(4) In determining whether to grant an exemption under this section,\nthe Minister may consider any of the following:\n(a) whether the environmental risks associated with the proposed\nmining activity are insignificant;\n(b) whether the environmental risks associated with the proposed\nmining activity can be appropriately managed through\ncompliance with the duties and obligations under Division 3\nand Part 5B;\n(c) whether failure to license the proposed mining activity will\nundermine the objects of this Act;\n(d) any other matter the Minister considers appropriate in the\n\nEnvironment Protection Act 2019 85\n(5) The Minister must consult with the Commonwealth Minister before\nan exemption is granted, or provided for under the regulations, for a\nmining activity or class of mining activities in respect of a prescribed\nsubstance.\n(6) Despite subsections (1) and (2), the Minister must not exempt a\nmining activity mentioned in subsection (5) otherwise than in\naccordance with the advice of the Commonwealth Minister.\n","sortOrder":160},{"sectionNumber":"124R","sectionType":"section","heading":"Fit and proper person to hold environmental (mining) licence","content":"124R Fit and proper person to hold environmental (mining) licence\n(1) In considering under this Part whether a person is or is not a fit and\nproper person to hold an environmental (mining) licence, the\n(a) may consider whether there are reasonable grounds to\nbelieve that the person:\n(i) has contravened a law of the Territory or another\njurisdiction that relates to the physical or biological\nenvironment, including matters relating to pollution,\nbiodiversity, natural resources, planning, development or\nwaste; or\n(ii) has contravened a law of the Territory or another\njurisdiction that relates to heritage, health or cultural\nmatters, including matters relating to sacred sites; or\n(iii) has contravened a law of the Territory or another\njurisdiction that relates to work health and safety; or\n(iv) has contravened a law of the Territory under which a tax\nor royalty is payable to the Territory; or\n(v) has committed an offence against any law of the\nTerritory or another jurisdiction that involves an element\nof fraud or dishonesty; or\n(vi) has behaved or is likely to behave in a way that is\ninconsistent with the person's duties as a mining\n(b) may consider the matters prescribed by regulation; and\n(c) may consider any other matters the Minister considers\n(2) Nothing in this Part requires the Minister to conduct an investigation\nto determine whether a person is a fit and proper person.\n\nEnvironment Protection Act 2019 86\n","sortOrder":161},{"sectionNumber":"124S","sectionType":"section","heading":"General duties of mining operator","content":"124S General duties of mining operator\nA mining operator of a mining site has the following general duties\nin applying for an environmental (mining) licence for a mining\nactivity and in carrying out a mining activity under the environmental\n(mining) licence:\n(a) to provide communities that may be affected by the mining\nactivity with information and opportunities for consultation to\nassist each community's understanding of the mining activity\nand its potential impacts and benefits, including:\n(i) any proposal for the remediation and rehabilitation of\nland as a result of the mining activity; and\n(ii) any proposal for the closure of extractive operations or\nmining operations, including the proposed final land use\nfor the mining site;\n(b) to consult with affected communities, including Aboriginal\ncommunities, in a culturally appropriate manner;\n(c) to consider the principles of ecologically sustainable\ndevelopment in the design of the mining activity;\n(d) to apply the environmental decision-making hierarchy in the\ndesign of the mining activity;\n(e) to consider the waste management hierarchy in the design of\nthe mining activity.\nSubdivision 2 Risk criteria, standard conditions and conditions\ngenerally\n","sortOrder":162},{"sectionNumber":"124T","sectionType":"section","heading":"Risk criteria","content":"124T Risk criteria\n(1) The Minister may declare risk criteria for the environmental impacts\nand environmental risks of mining activities.\n(2) The Minister may declare different risk criteria for different types of\nmining activity and for different phases of a mining activity.\n(3) A declaration of risk criteria must be prepared in accordance with\nthe regulations.\n(4) The Minister must publish the risk criteria as soon as practicable\nafter they are declared under this section.\n\nEnvironment Protection Act 2019 87\n","sortOrder":163},{"sectionNumber":"124U","sectionType":"section","heading":"Standard conditions","content":"124U Standard conditions\n(1) The Minister may approve standard conditions for this Part.\n(2) The standard conditions may provide for the management of the\nenvironmental impacts of any aspect of the environment associated\nwith a mining activity.\n(3) The Minister may approve different standard conditions for different\ntypes of mining activity and for different phases of a mining activity.\n(4) A standard condition providing for the management of the\nenvironmental impact of a mining activity may apply inside or\noutside a mining site.\n(5) The Minister must publish standard conditions as soon as\npracticable after the conditions are approved under this section.\n","sortOrder":164},{"sectionNumber":"124V","sectionType":"section","heading":"Review of risk criteria and standard conditions","content":"124V Review of risk criteria and standard conditions\n(1) The Minister may conduct a review of the risk criteria or standard\nconditions at any time.\n(2) The purpose of a review is to ensure that the risk criteria or the\nstandard conditions (as the case requires) appropriately reflect the\nenvironmental impacts and environmental risks of the mining\nactivity or phase of mining activity to which the risk criteria or\nstandard conditions relate.\n(3) A review of risk criteria or standard conditions must be carried out\nin accordance with the regulations.\n","sortOrder":165},{"sectionNumber":"124W","sectionType":"section","heading":"Amendment of risk criteria and standard conditions","content":"124W Amendment of risk criteria and standard conditions\n(1) The Minister may amend the risk criteria or standard conditions on\ncompletion of a review.\n(2) The Minister may amend the risk criteria or standard conditions\nwithout conducting a review if the amendment is an administrative\n(3) The Minister must publish the amended risk criteria or standard\nconditions as soon as practicable after the risk criteria or standard\nconditions are amended.\n(4) The amended risk criteria or standard conditions take effect on the\ndate that they are published or on a later date specified in the\npublication.\n\nEnvironment Protection Act 2019 88\n","sortOrder":166},{"sectionNumber":"124X","sectionType":"section","heading":"Conditions to manage environmental impacts","content":"124X Conditions to manage environmental impacts\nConditions imposed on an environmental (mining) licence may\ninclude any conditions that are necessary to manage the\nenvironmental impacts associated with the mining activities\nincluding requiring the mining operator to:\n(a) minimise and manage greenhouse gas emissions arising from\nthe mining activities; and\n(b) undertake mine closure planning at all stages of a mining\nactivity to ensure that the following are informed by the\nproposed final land use for the mining site:\n(i) exploration activities;\n(ii) site design;\n(iii) mining and processing methodologies;\n(iv) waste management technologies and other processes\nand technologies used; and\n(c) for any area of a mining site where no further mining activity is\nproposed – prepare and implement remediation and\nrehabilitation and closure plans that maximise the progressive\nremediation and rehabilitation of the area as soon as\npracticable after mining activity ceases; and\n(d) prepare and implement post-closure monitoring, management\nand reporting plans; and\n(e) comply with any other requirement prescribed by regulation.\n","sortOrder":167},{"sectionNumber":"124Y","sectionType":"section","heading":"Conditions relating to management of social and cultural","content":"124Y Conditions relating to management of social and cultural\nimpacts\n(1) Conditions on an environmental (mining) licence may include any\nconditions that are necessary to manage the potential social and\ncultural impacts of the mining activity.\n(2) A condition mentioned in subsection (1) must not be imposed in\nrelation to a mining activity if a similar condition could be imposed\non a licence, permit or other authority issued or granted under\nanother enactment.\n\nEnvironment Protection Act 2019 89\n","sortOrder":168},{"sectionNumber":"124Z","sectionType":"section","heading":"Conditions relating to activities regulated by prescribed","content":"124Z Conditions relating to activities regulated by prescribed\nenactments\n(1) Conditions imposed on an environmental (mining) licence may\nauthorise or regulate the environmental impacts of the following\nactivities associated with a mining activity for which an authorisation\nunder a prescribed enactment is required:\n(a) the clearing of native vegetation;\n(b) interference with a waterway;\n(c) discharge of waste to water;\n(d) the impact of emissions of contaminants or waste on nearby\ncommunities;\n(e) the carrying out of bore work (see section 4 of the Water\nAct 1992);\n(f) an activity prescribed by regulation.\n(2) If a condition of an environmental (mining) licence authorises an\nactivity mentioned in subsection (1)(a) to (f), an authorisation for\nthat activity under the prescribed enactment is not required, despite\nanything to the contrary in the prescribed enactment.\n(3) A condition of an environmental (mining) licence cannot authorise\nthe extraction of water for which a licence is required under the\nWater Act 1992.\nauthorisation means a permit, approval or other authorisation.\nprescribed enactment means an Act or statutory instrument, or a\nprovision of an Act or statutory instrument, prescribed by regulation.\n124ZA Conditions requiring reporting of activity and independent\npreparation or review of reports and documents\n(1) A condition may be imposed on an environmental (mining) licence\nto require a mining operator to provide reports to the Minister in the\nmanner and within the times specified in the licence.\n(2) A condition under subsection (1) may require a report to the\nMinister on the mining operator's compliance with the\nenvironmental (mining) licence and with any other requirements\nimposed by this Act in relation to the licence.\n\nEnvironment Protection Act 2019 90\n(3) The Minister may direct the mining operator to publish a report\nmentioned in subsection (1) in the manner the Minister directs.\n(4) A condition may be imposed on an environmental (mining) licence\nto require that specified information or reports required to be\nprovided by the mining operator to the Minister under the licence or\nthis Part must be prepared or reviewed by a qualified person in\n124ZB Conditions relating to care and maintenance periods\nConditions may be imposed on an environmental (mining) licence\nthat require any of the following in relation to a care and\nmaintenance period for a mining site:\n(a) that the mining site and its structures and facilities are\nmanaged and maintained in a way that minimises the\nenvironmental impacts at the mining site;\n(b) that remediation activities are carried out on the mining site;\n(c) that rehabilitation activities are carried out on the mining site.\n124ZC Conditions may apply after mining activity completed\n(1) A condition on an environmental (mining) licence may be expressed\nto continue to apply in relation to the mining activity to which the\nlicence applies after the completion of the mining activity.\n(2) Without limiting subsection (1), the conditions of an environmental\n(mining) licence may include requirements for:\n(a) remediation and rehabilitation of the mining site after the\nmining activity is completed or the site of the mining activity is\nclosed; and\n(b) ongoing monitoring, management and reporting of the mining\nsite after the mining activity is completed or the site of the\nmining activity is closed.\n(3) Without limiting subsection (1), the conditions of an environmental\n(mining) licence may require that the availability of a mining security\nextend beyond the period to which the environmental (mining)\nlicence relates to include any period for which post-closure\nmonitoring, management and reporting are required.\n\nEnvironment Protection Act 2019 91\n124ZD Application of Subdivision\n(1) This Subdivision applies to the grant of an environmental (mining)\nlicence for a mining activity.\n(2) An environmental (mining) licence may be:\n(a) a standard condition licence; or\n(b) a modified condition licence; or\n(c) a tailored condition licence.\n124ZE Application for environmental (mining) licence\n(1) A mining operator may apply to the Minister for an environmental\n(mining) licence for a mining activity or mining activities.\n(2) The application may relate to all or any of the following:\n(a) a single mining activity on a single mining site;\n(b) more than one mining activity or kind of mining activity on a\nsingle mining site;\n(c) a single kind of mining activity on more than one mining site;\n(d) more than one kind of mining activity on more than one mining\n(3) The application must:\n(b) specify the mining activity or mining activities for which an\nenvironmental (mining) licence is sought; and\n(c) specify whether the application is for:\n(i) a standard condition licence; or\n(ii) a modified condition licence; or\n(iii) a tailored condition licence; and\n(d) for an application for a modified condition licence or a tailored\ncondition licence – be accompanied by an assessment of the\nenvironmental risks and impacts associated with the mining\nactivity; and\n\nEnvironment Protection Act 2019 92\n(e) be accompanied by information required by the Minister to\nenable the Minister to calculate or recalculate any mining\nsecurity required under this Act; and\n(f) for an application for a tailored condition licence for an\nexploration activity – be accompanied by a plan for the\nrehabilitation of any area of the mining site that is not required\nfor an extractive operation or a mining operation; and\n(g) for an application for a tailored condition licence for an\nextractive operation or a mining operation – be accompanied\nby a closure plan for the mining site and a costing of the\nproposed closure activities; and\n(h) be accompanied by any other information required by the\nMinister to assess the application; and\n(i) be accompanied by the fee prescribed by regulation.\n(4) The Minister may require specified information to be included in the\napplication to be prepared or reviewed by a qualified person in\n(5) The Minister must publish and assess the application in accordance\nwith the regulations.\n(6) The Minister may refuse to accept an application if it does not\ninclude the required information.\n124ZF Requirement for additional information\n(1) The Minister may direct the mining operator to give the Minister,\nconsiders reasonably necessary to assess the application for an\nenvironmental (mining) licence to meet the objects of this Act.\n(2) A direction to give information may be made at any time during the\nassessment of the application.\n(3) If the Minister gives a direction under this section, the required time\nunder section 124ZM for the Minister to decide the application for\nan environmental (mining) licence ceases to run until the\ninformation is provided.\n\nEnvironment Protection Act 2019 93\n124ZG Decision on application\n(1) After assessing the application in accordance with this section and\nthe regulations, the Minister may:\n(a) grant:\n(i) a standard condition licence; or\n(ii) a modified condition licence; or\n(iii) a tailored condition licence; or\n(b) decide not to grant an environmental (mining) licence.\n(2) If the Minister decides not to grant a standard condition licence, the\nMinister may treat the application as an application for a modified\ncondition licence or a tailored condition licence and grant a modified\ncondition licence or a tailored condition licence instead.\n(3) The Minister may grant a modified condition licence or a tailored\ncondition licence regardless of which of those types of licence is\napplied for.\n(4) If an application relates to more than one mining activity, the\nMinister may grant:\n(a) a separate environmental (mining) licence for each mining\nactivity; or\n(b) a composite environmental (mining) licence covering all of the\nmining activities; or\n(c) a separate environmental (mining) licence for any of the\nmining activities and a composite environmental (mining)\nlicence covering some or all of the remaining mining activities.\n(5) The Minister may grant an environmental (mining) licence relating\nto more than one mineral interest if the mining operator:\n(a) is the title holder for each mineral interest; or\n(b) has been appointed under section 124D by the title holder for\neach mineral interest.\n(6) In addition to the matters set out in Part 2, the Minister must\nconsider the following in deciding whether to grant or not to grant\nan environmental (mining) licence:\n\nEnvironment Protection Act 2019 94\n(b) whether the mining operator is a fit and proper person to hold\nan environmental (mining) licence;\n(c) the type of mineral interest applying to the mining site and\nwhether the mining activity is authorised under the mineral\ninterest;\n(d) any other matters the Minister considers relevant.\n(7) Subsection (6) does not apply if the mining operator:\n(a) holds an environmental approval for the mining activity for\nwhich the environmental (mining) licence is sought; or\n(b) has applied to the Minister for the transfer of an environmental\napproval for the mining activity for which the environmental\n(mining) licence is sought.\n(8) The Minister is not required to comply with subsection (6)(b) if,\nunder section 70(4) of the Mineral Titles Act, the Mining Minister\nconsidered the mining operator to be a fit and proper person to hold\nthe mineral interest.\n124ZH Restrictions on grant of environmental (mining) licence\n(1) The Minister must refuse to grant an environmental (mining) licence\nfor a mining activity if the Minister has refused to approve an\nenvironmental approval relating to the mining activity for which the\nlicence is sought.\n(2) If a referred action or strategic proposal relating to a mining activity\nis being assessed under Part 4, Division 3, the Minister must not\ngrant an environmental (mining) licence for the mining activity until:\n(a) the determination by the NT EPA as to whether the referred\naction or strategic proposal requires an environmental impact\nassessment under this Act; and\n(b) if an environmental impact assessment is required for the\nreferred action or strategic proposal – the completion of the\nenvironmental impact assessment and environmental\napproval process for the action or strategic proposal.\n(3) Subsection (2) does not prevent the Minister from considering the\napplication for the environmental (mining) licence while the\nenvironmental impact assessment of the referred action or strategic\nproposal relating to the mining activity is being carried out under\n\nEnvironment Protection Act 2019 95\n(4) If the mining operator has applied to the Minister for approval of the\ntransfer of an environmental approval for the mining activity for\nwhich an environmental (mining) licence is sought, the Minister\nmust not grant the licence until the transfer of the environmental\napproval is approved by the Minister.\n124ZI Environmental (mining) licence not to be inconsistent with\nenvironmental approval\n(1) An environmental (mining) licence for a mining activity is of no\neffect to the extent that it is inconsistent with an environmental\napproval applying to that activity.\n(2) For subsection (1):\n(a) an environmental (mining) licence that contains conditions that\nare more stringent than the environmental approval is not\ninconsistent with the environmental approval in relation to\nthose conditions; and\n(b) an environmental (mining) licence that contains conditions to\naddress matters that are not included in the environmental\napproval is not inconsistent with the environmental approval in\nrelation to those conditions.\n124ZJ Standard condition licence\n(1) A standard condition licence for a mining activity may be granted at\nany time if standard conditions have been approved for that mining\nactivity and the risk criteria for the mining activity are met.\n(2) A standard condition licence for a mining activity is subject to:\n(a) the standard conditions applying to the mining activity; and\n(b) a condition that the mining operator must provide to the\n(c) a condition that the mining operator must pay the mining levy\n(3) If a standard condition applying to a mining activity is amended the\nstandard condition licence is subject to the amended standard\ncondition when the amendment takes effect.\n\nEnvironment Protection Act 2019 96\n124ZK Modified condition licence\n(1) A modified condition licence may be granted for a mining activity if\nthe mining activity meets the risk criteria applying to the mining\nactivity, but:\n(a) the mining operator cannot comply with some of the standard\nconditions for the mining activity; or\n(b) conditions are required to be imposed that modify the\nstandard conditions; or\n(c) additional conditions are required to appropriately manage the\nenvironmental impacts of the mining activity; or\n(d) the standard conditions for the mining activity are amended\nunder section 124W and the mining operator cannot comply\nwith the amended standard conditions.\n(2) A modified condition licence is subject to:\n(a) the risk criteria applying to the mining activity; and\n(b) the standard conditions applying to the mining activity subject\nto any modifications determined by the Minister to ensure that\nthe environmental risks and impacts of the mining activity are\n(c) a condition that the mining operator must provide to the\n(d) a condition that the mining operator must pay the mining levy\nRemediation Act; and\n(e) any other condition imposed by the Minister under\n(3) The Minister may determine any modifications under\nsubsection (2)(b) that the Minister thinks fit.\n(4) If a standard condition that applies to a modified condition licence is\namended, the modified condition licence is subject to the amended\nstandard condition when the amendment takes effect to the extent\nthat the amended condition is not inconsistent with the existing\nmodifications in the licence.\n\nEnvironment Protection Act 2019 97\n(5) If a modified condition licence is granted in place of an existing\nstandard condition licence, the standard condition licence is\nrevoked.\n124ZL Tailored condition licence\n(1) A tailored condition licence may be granted for a mining activity if:\n(a) no risk criteria have been declared for the mining activity; or\n(b) the risk criteria applying to the mining activity cannot be met or\nthe mining operator cannot comply with the standard\nconditions for the mining activity; or\n(c) conditions are required to be imposed that differ from the\nconditions to which a standard condition licence or modified\ncondition licence is subject; or\n(d) standard conditions have not been approved for the mining\nactivity; or\n(e) the standard conditions for the mining activity are amended\nunder section 124W and the mining operator cannot comply\nwith the amended standard conditions.\n(2) A tailored condition licence is subject to:\n(a) the conditions specified in the tailored condition licence; and\n(b) a condition that the mining operator must provide to the\n(c) a condition that the mining operator must pay the mining levy\n(3) The Minister may specify in a tailored condition licence any\nconditions the Minister determines are necessary or convenient to\nmanage the environmental risks and impacts of the mining activity.\n(4) If a tailored condition licence is granted in place of an existing\nstandard condition licence or modified condition licence, the\nstandard condition licence or modified condition licence is revoked.\n124ZM Time for decision on environmental (mining) licence\n(1) The Minister must make a decision to grant or refuse to grant an\nenvironmental (mining) licence within the required time.\n\nEnvironment Protection Act 2019 98\nprescribed period means:\n(a) for a standard condition licence:\n(i) for an exploration activity – 30 business days; and\n(ii) for extractive operations – 30 business days; and\n(iii) for mining operations – 40 business days; or\n(b) for a modified condition licence:\n(i) for an exploration activity – 40 business days; and\n(ii) for extractive operations – 50 business days; and\n(iii) for mining operations – 80 business days; or\n(c) for a tailored condition licence:\n(i) for an exploration activity – 60 business days; and\n(ii) for extractive operations – 80 business days; and\n(iii) for mining operations – 120 business days.\nrequired time means:\n(a) if a referred action or strategic proposal relating to the mining\nactivity is being assessed under Part 4, Division 3 at the time\nthe Minister receives the application for the environmental\n(mining) licence for the mining activity – the prescribed period\nafter:\n(i) the determination by the NT EPA as to whether the\nreferred action or strategic proposal requires an\nenvironmental impact assessment under this Act; and\n(ii) if an environmental impact assessment is required for\nthe referred action or strategic proposal – the completion\nof the environmental impact assessment and the\nenvironmental approval process for the action or\nstrategic proposal; or\n(b) if an application has been made for approval to transfer the\nenvironmental approval for the mining activity and the\napplication is not decided at the time the Minister receives the\napplication for the environmental (mining) licence for the\nmining activity – the prescribed period after the decision to\n\nEnvironment Protection Act 2019 99\napprove, or refuse to approve, the transfer of the\nenvironmental approval is made; or\n(c) otherwise – the prescribed period after the Minister receives\nthe application for the environmental (mining) licence.\n124ZN Notice of decision\n(1) The Minister must give notice to the mining operator of a decision\nto grant or refuse to grant an environmental (mining) licence.\n(2) The notice must include a statement of reasons for the decision if\nthe decision is:\n(a) to refuse to grant a standard condition licence; or\n(b) to grant or refuse to grant:\n(i) a modified condition licence; or\n(ii) a tailored condition licence.\n(3) Subsection (2) does not apply to a decision to refuse to grant an\nenvironmental (mining) licence if the decision to refuse was made\nbecause the Minister has refused to approve an environmental\napproval or the transfer of an environmental approval.\n(4) The Minister must publish a decision mentioned in subsection (1)\nand a statement of reasons for the decision notified under\nsubsection (2) as soon as practicable after the decision is made.\n(5) The Minister must publish an environmental (mining) licence as\nsoon as practicable after it is granted.\nNote for section 124ZN\nAn environmental (mining) licence will be recorded in the public register.\n124ZO Period of environmental (mining) licence\n(1) Subject to this Act, an environmental (mining) licence is in force for\nthe period of the mining activity.\n(2) An environmental (mining) licence does not take effect for a mining\nactivity until:\n(a) any required mining security has been paid in relation to that\nmining activity; and\n(b) a notice of authority to commence the mining activity is issued\nunder the Mineral Titles Act.\n\nEnvironment Protection Act 2019 100\n(3) If an amendment is made to an environmental (mining) licence\nunder section 124ZS to permit a change to a mining activity and as\na result an additional amount of mining security is payable, the\namendment to the licence does not take effect until:\n(a) the additional mining security has been paid in relation to that\nchange to the mining activity; and\n(b) any required notice of authority to continue the mining activity\nis issued under the Mineral Titles Act.\n124ZP Environmental (mining) licence not personal property\nFor section 8(1)(k) of the Personal Property Securities Act 2009\n(Cth), an environmental (mining) licence is not personal property for\nthat Act.\nNote for section 124ZP\nA law of the Commonwealth, a State or a Territory may declare a right, licence or\nauthority granted by or under that law not to be personal property for the\nPersonal Property Securities Act 2009 (Cth)\n124ZQ Mining operator cannot comply with amended standard\nconditions\n(a) a mining operator holds a standard condition licence or a\nmodified condition licence; and\n(b) the standard conditions applying to the standard condition\nlicence or modified condition licence are amended after the\ngrant of the licence; and\n(c) the mining operator cannot comply with the amended\n(2) If the mining operator holds a standard condition licence, the mining\noperator may apply to the Minister:\n(a) under section 124ZE for a modified condition licence or a\ntailored condition licence; or\n(b) to participate in a performance improvement program.\n(3) If the mining operator holds a modified condition licence, the mining\noperator may apply to the Minister:\n(a) to amend the conditions of the modified condition licence; or\n\nEnvironment Protection Act 2019 101\n(b) under section 124ZE for a tailored condition licence; or\n(c) to participate in a performance improvement program.\n(4) An application under subsection (2) or (3) must be made before, or\nnot later than 30 business days after, the amended standard\ncondition takes effect.\n124ZR Review of licence conditions\n(1) A modified condition licence and a tailored condition licence are to\nbe reviewed to ensure that the conditions of the licence:\n(a) are appropriate to manage the environmental risks and\nimpacts of the mining activity; and\n(b) reflect the environmental risks associated with the different\nphases of a mining activity.\n(2) An environmental (mining) licence may specify a period for the\nreview of the licence.\n(3) In addition to any review for which a period is specified in an\nenvironmental (mining) licence, the Minister may review the\nconditions of an environmental (mining) licence in the following\ncircumstances:\n(a) if the Minister becomes aware of information that was not\navailable to the Minister at the time of granting the licence and\nthe Minister would have imposed different conditions on the\nlicence if the information had been so available;\n(b) if, in the reasonable opinion of the Minister, the mining\noperator has contravened a provision of this Act, or a\ncondition of the licence, and an amendment to the conditions\nis necessary or convenient to prevent environmental harm\n(whether or not any enforcement action has been taken in\nrelation to the contravention);\n(c) if mining activities under the licence have been suspended for\n12 months or longer during a care and maintenance period;\n(d) if there is a change in the mining activity to which the licence\nrelates or in the methods for conducting the mining activity or\nthe mining activity is entering a different phase of activity;\n(e) if the results of monitoring of the mining activity indicate that a\nchange in the level of environment protection or management\nis required for the mining activity;\n\nEnvironment Protection Act 2019 102\n(f) a circumstance prescribed by regulation.\n(4) A review under this section is not required to include a review of the\nstandard conditions applying to an environmental (mining) licence.\n124ZS General powers of Minister to amend environmental (mining)\nlicence conditions\n(1) The Minister may amend the conditions (other than the standard\nconditions) of an environmental (mining) licence during the period\nof the licence in the following circumstances:\n(a) on the application of the mining operator;\n(b) if in the reasonable opinion of the Minister – an amendment to\nthe conditions is necessary or convenient as a result of a\nreview of licence conditions under section 124ZR;\n(c) if in the reasonable opinion of the Minister – an amendment to\nthe conditions is necessary or convenient as a result of a\nreview of standard conditions under section 124V;\n(d) if the amendment is an administrative amendment.\n(2) The Minister must consult with the mining operator before\namending an environmental (mining) licence on the Minister's own\ninitiative.\n(3) The Minister must publish a proposed amendment to the conditions\nof an environmental (mining) licence and invite public comment in\naccordance with the regulations if the Minister considers that the\nproposed amendment is required as a result of a substantial\nalteration to any mining activity to which the licence relates.\n(4) Before making a decision to amend the conditions of an\nenvironmental (mining) licence, the Minister must consider any\nwritten comments received:\n(a) within the time specified by the Minister from the mining\noperator consulted under subsection (2); and\n(b) during any public comment period under subsection (3).\n(5) In deciding whether to amend the conditions of an environmental\n(mining) licence, the Minister must be satisfied that:\n(a) the environmental impacts associated with the mining activity\nwill be managed; and\n\nEnvironment Protection Act 2019 103\n(b) the amendments to the conditions will not undermine the\nobjects of this Act.\n(6) Subsections (2) and (4) do not apply to an administrative\n124ZT Application of Subdivision\nThis Subdivision applies in relation to a mining operator if:\n(a) the mining operator holds a standard condition licence or a\nmodified condition licence; and\n(b) the standard conditions applying to the licence are amended\nafter the grant of the licence; and\n(c) the mining operator cannot comply with the amended\n124ZU Power to agree to participation in performance improvement\nprogram\nThe Minister may agree to a mining operator participating in a\nperformance improvement program to give the mining operator time\nto improve the mining operator's ability to comply with the mining\noperator's standard condition licence or modified condition licence.\n124ZV Minister requirement to participate in performance\nimprovement program\nThe Minister may require a mining operator to participate in a\nperformance improvement program if the Minister is satisfied that\nthe mining operator is not complying with the amended standard\nconditions of the mining operator's standard condition licence or\nmodified condition licence but will be able to comply over time.\n124ZW Mining operator request to participate in performance\nimprovement program\nThe Minister, at the request of a mining operator, may permit the\nmining operator to participate in a performance improvement\nprogram if the Minister is satisfied that the mining operator is not\nlikely to comply with the standard conditions applying to the mining\noperator's standard condition licence or modified condition licence\nwhen the amendments to the standard conditions commence.\n\nEnvironment Protection Act 2019 104\n124ZX Termination of performance improvement program by Minister\n(1) The Minister may terminate a performance improvement program if,\nin the reasonable opinion of the Minister, the mining operator is not\ncomplying with the requirements of the performance improvement\nprogram.\n(2) The Minister must not terminate a performance improvement\nprogram unless the Minister:\n(a) gives notice to the mining operator of the intention to\nterminate the program; and\n(b) gives the mining operator the opportunity to make\nsubmissions to the Minister within the period (being not less\nthan 10 business days) specified in the notice; and\n(c) considers any submissions made by the mining operator\nwithin the period specified in the notice.\n124ZY Termination of performance improvement program at request\nof mining operator\nThe Minister may terminate a performance improvement program at\nthe request of a mining operator if the Minister is satisfied that:\n(a) the obligations under the program have been complied with;\nand\n(b) the mining operator is able to comply with the amended\n124ZZ Termination of performance improvement program on grant of\nenvironmental (mining) licence\nA performance improvement program for a mining operator is\nterminated if the Minister grants to the mining operator:\n(a) a modified condition licence or a tailored condition licence in\nplace of a standard condition licence; or\n(b) an amended modified condition licence in place of a modified\ncondition licence; or\n(c) a tailored condition licence in place of a modified condition\n\nEnvironment Protection Act 2019 105\n124ZZA No criminal or civil proceedings while performance\nimprovement program is in place\nThe Minister must not commence a criminal proceeding or civil\nproceeding under this Act in relation to an alleged contravention of\nthe conditions of an environmental (mining) licence that relates to a\nmatter covered by a performance improvement program while the\nperformance improvement program is in place.\nSubdivision 5 Revocation and suspension of environmental\n124ZZB Revocation of environmental (mining) licence\nThe Minister may revoke an environmental (mining) licence for a\nmining activity:\n(a) if the Minister reasonably considers that the mining operator\nhas not complied with the conditions of the environmental\n(mining) licence; or\n(b) if the mining operator has contravened a provision of this Act;\nor\n(c) if any enforcement action has been taken against the mining\n(i) under this Act, for a failure to comply with an\n(ii) under the Mining Management Act 2001 for a failure to\ncomply with a mining authorisation or an obligation\nunder that Act before its repeal; or\n(d) if any enforcement action has been taken against the title\nholder under the Mineral Titles Act for failure to comply with\nan obligation or requirement under that Act; or\n(e) if the Minister reasonably considers that the mining operator is\nno longer a fit and proper person to hold the environmental\n(mining) licence; or\n(f) in a circumstance prescribed by regulation.\n124ZZC Suspension of environmental (mining) licence\n(1) The Minister may, by written notice to the mining operator, suspend\nan environmental (mining) licence instead of revoking the licence.\n(2) The suspension must be for a period specified in the notice.\n\nEnvironment Protection Act 2019 106\n124ZZD Revocation of standard condition licence and issue of other\nenvironmental (mining) licence\nThe Minister may revoke a standard condition licence for a mining\nactivity and grant a modified condition licence or a tailored condition\nlicence to the mining operator:\n(a) if the Minister reasonably considers that the mining operator\nhas not complied with the conditions of the standard condition\nlicence; or\n(b) if the mining operator has contravened a provision of this Act;\nor\n(c) if any enforcement action has been taken against the mining\n(i) under this Act for a failure to comply with an\n(ii) under the Mining Management Act 2001 for a failure to\ncomply with a mining authorisation or an obligation\nunder that Act before its repeal; or\n(d) if any enforcement action has been taken against the title\nholder under the Mineral Titles Act for failure to comply with\nan obligation or requirement under that Act; or\n(e) in a circumstance prescribed by regulation.\n124ZZE Show cause process\n(1) The Minister must not revoke or suspend an environmental (mining)\nlicence under section 124ZZB, 124ZZC or 124ZZD unless the\nMinister has first complied with this section.\nmining operator and if the proposed revocation or suspension is on\na ground set out in section 124ZZB(d) or 124ZZD(d), the title holder\nunder the Mineral Titles Act:\n(a) stating the Minister's intention to revoke or suspend the\nenvironmental (mining) licence; and\n(b) asking the mining operator or title holder to show cause why\nthe environmental (mining) licence should not be revoked or\nsuspended.\n(3) The show cause notice must specify the date by which the mining\noperator or title holder may show cause.\n\nEnvironment Protection Act 2019 107\n(5) The Minister must consider any response given by the mining\noperator or the title holder to the show cause notice in making a\ndecision under section 124ZZB, 124ZZC or 124ZZD.\n(6) The Minister may suspend an environmental (mining) licence under\nsection 124ZZC instead of revoking the licence without giving a\nfurther show cause notice if a show cause notice has been given for\nthe intention to revoke the licence.\n124ZZF Automatic revocation or suspension of environmental (mining)\nlicence\n(1) An environmental (mining) licence for a mining activity is revoked if\nthe environmental approval for the mining activity is revoked.\n(2) An environmental (mining) licence for a mining activity is\nsuspended during any period that the environmental approval for\nthe mining activity is suspended.\n124ZZG Compliance with environmental (mining) licence to continue\n(1) This section applies if an environmental (mining) licence for a\nmining activity is revoked or suspended or ceases to have effect.\n(2) The person who is or was the mining operator must continue to:\n(a) comply with the environmental (mining) licence in relation to\nthe management of the mining site to which the licence\napplies to minimise or remediate the environmental impact of\nthe mining activity; and\n(b) comply with the environmental (mining) licence in relation to\nthe remediation and rehabilitation of the environment; and\n(c) undertake any necessary environmental monitoring and\nreporting activities at the mining site to which the\nenvironmental (mining) licence applies.\n(3) The person required to comply with subsection (2) may apply to the\nMinister to waive the requirement to comply with that subsection.\n(4) The Minister may waive compliance with any of the requirements of\nsubsection (2) if the Minister considers it appropriate to do so.\n\nSubdivision 6 Notice and cancellation at request of mining operator\nEnvironment Protection Act 2019 108\nSubdivision 6 Notice and cancellation at request of mining\noperator\n124ZZH When mining activity is completed\nFor this Subdivision, a mining activity for which an environmental\n(mining) licence is granted is completed:\n(a) for exploration activities – when any rehabilitation, monitoring,\nmanagement and reporting requirements of the licence are\ncompleted; and\n(b) for mining operations and extractive operations – when any\npost-closure monitoring, management and reporting\nrequirements of the licence are completed.\n124ZZI Notice to Minister of completion of mining activity\n(1) A mining operator who holds an environmental (mining) licence for\na mining activity must notify the Minister of the completion of the\n(2) The notice must be given within the required time after the mining\nactivity is completed.\n(3) The notice must:\n(a) be in an approved form; and\n(b) be accompanied by a final report setting out:\n(i) the mining activities undertaken; and\n(ii) the environmental impacts associated with the mining\nactivities; and\n(iii) the remediation and rehabilitation activities completed as\npart of the mining activity; and\n(iv) the post-closure monitoring, management and reporting\nof the mining site undertaken under the environmental\n(4) The notice may request the Minister to cancel the environmental\n(5) In this section:\nrequired time means 30 business days.\n\nSubdivision 6 Notice and cancellation at request of mining operator\nEnvironment Protection Act 2019 109\n124ZZJ Offence to contravene notice requirement\n(1) A mining operator commits an offence if:\n(a) the mining operator is required to give a notice and final report\nto the Minister under section 124ZZI; and\n(b) the mining operator intentionally engages in conduct; and\n(c) the conduct contravenes section 124ZZI and the mining\noperator is reckless in relation to that circumstance.\nMaximum penalty: 200 penalty units.\n(2) A mining operator commits an offence if:\n(a) the mining operator is required to give a notice and final report\nto the Minister under section 124ZZI; and\n(b) the mining operator contravenes that requirement.\n124ZZK Requirement for additional information\nThe Minister may direct the mining operator to give the Minister,\nconsiders reasonably necessary to assess the proposed\ncancellation of the environmental (mining) licence to meet the\nobjects of this Act.\n124ZZL Decision in relation to cancellation\n(1) The Minister may consider a notice and any request under this\nSubdivision and decide:\n(a) to cancel the environmental (mining) licence; or\n\nEnvironment Protection Act 2019 110\n(b) to refuse to cancel the environmental (mining) licence and\ndirect the mining operator to undertake specified activities to\ncomplete the mining activity.\n(2) Before deciding to cancel an environmental (mining) licence, the\nMinister must be satisfied that:\n(a) any environmental risks and impacts at the mining site have\nbeen appropriately avoided, mitigated and managed; and\n(b) all necessary remediation and rehabilitation actions have been\nundertaken at the mining site; and\n(c) the cancellation will not undermine the objects of this Act.\n124ZZM Notice of decision\n(1) The Minister must give notice to the mining operator of a decision\nunder section 124ZZL and a statement of reasons for the decision.\n(2) The Minister must publish a decision under section 124ZZL and a\nstatement of reasons for the decision as soon as practicable after\nthe decision is made.\n124ZZN Transfer of environmental (mining) licence\nAn environmental (mining) licence may be transferred in\naccordance with this Subdivision.\n124ZZO Application for approval to transfer\n(1) The proposed transferee must apply to the Minister to approve the\ntransfer.\n(2) The application must:\n(b) be accompanied by any information required by the Minister to\nassess the application; and\n(c) be accompanied by the fee prescribed by regulation.\n(3) In the application the transferee must:\n(a) agree to comply with the conditions of the environmental\n\nEnvironment Protection Act 2019 111\n(b) agree to take responsibility for all existing environmental\nimpacts associated with the mining site that are the\nresponsibility of the mining operator, including responsibility\nfor any remediation and rehabilitation activities relating to\nlegacy mine features that are required to be undertaken by the\nmining operator; and\n(c) agree to fulfil all remediation and rehabilitation obligations\nspecified in the environmental (mining) licence and in any\nmining closure plan for the mining site; and\n(d) comply with any other obligations prescribed by regulation.\n(4) An application cannot be made unless the mining operator and the\ntitle holder consent in writing to the transfer.\n(5) The Minister may refuse to accept an application if it does not\ninclude the required information.\n124ZZP Minister may request information\n(1) The Minister may ask the following persons for information to assist\nthe Minister in assessing the application:\n(a) the mining operator;\n(b) the proposed transferee;\n(c) any other person who the Minister considers may have\nrelevant information.\n(2) If the Minister asks for information under this section, the required\ntime under section 124ZZT for the Minister to make a decision\nceases to run until the information is given.\n124ZZQ Minister to consider certain matters\n(1) In addition to the matters set out in Part 2, in deciding whether to\napprove a transfer of an environmental (mining) licence, the\n(a) must consider:\n(i) the objects of this Act; and\n(ii) whether the proposed transferee is a fit and proper\nperson to hold an environmental (mining) licence; and\n(b) may consider any other matters the Minister considers\n\nEnvironment Protection Act 2019 112\n(2) Subsection (1) does not apply if the proposed transferee:\n(a) holds an environmental approval for the mining activity for\nwhich the transfer of the mining licence is sought; or\n(b) has applied to the Minister for the transfer of an environmental\napproval for the mining activity for which the environmental\n(mining) licence is sought.\n(3) The Minister is not required to comply with subsection (1)(a)(ii) if:\n(a) the proposed transferee holds a mineral interest authorising\nthe mining activity for which the transfer of the environmental\n(mining) licence is sought; and\n(b) under section 70(4) of the Mineral Titles Act, the Mining\nMinister considered the proposed transferee to be a fit and\nproper person to hold the mineral interest.\n124ZZR Consultation on transfer\n(1) Subject to subsection (2), the Minister must consult with the\nproposed transferee if the Minister proposes to:\n(a) amend the environmental (mining) licence; or\n(b) refuse to approve the transfer.\n(2) The Minister is not required to consult with the proposed transferee\nif the Minister proposes to refuse to approve the transfer because\nthe Minister has refused to approve the transfer of the\n(3) The required time under section 124ZZT for the Minister to make a\n124ZZS Decision on transfer\n(a) approve the transfer of an environmental (mining) licence; or\n(b) refuse to approve the transfer of an environmental (mining)\n(2) The Minister must approve the transfer of an environmental\n(mining) licence for a mining activity if the Minister has approved\nthe transfer of an environmental approval relating to the mining\n\nEnvironment Protection Act 2019 113\n(3) The Minister must refuse to transfer an environmental (mining)\nlicence for a mining activity if the Minister has refused to approve\nthe transfer of an environmental approval relating to the mining\n(4) The Minister must not make a decision on the transfer of an\nenvironmental (mining) licence for a mining activity to which an\nenvironmental approval applies unless the Minister makes a\ndecision whether or not to approve the transfer of the environmental\n(5) The Minister's approval may be subject to a condition that the\ntransfer does not take effect until the transfer of assets or other\nmatters related to the mining activity have occurred.\n(6) Until a transfer of an environmental (mining) licence takes effect the\nmining operator must comply with the environmental (mining)\n124ZZT Time for decision on request\n(1) The Minister must make a decision to approve or refuse to approve\na transfer of an environmental (mining) licence within the required\ntime.\nrequired time means:\n(a) if the Minister has approved the transfer of an environmental\napproval relating to the mining activity – 15 business days\nafter the Minister receives the application for approval of the\ntransfer of the environmental (mining) licence; or\n(b) if the Minister has refused the transfer of an environmental\napproval relating to the mining activity – 15 business days\nafter the Minister receives the application for approval of the\ntransfer of the environmental (mining) licence; or\n(c) if an application has been made for approval to transfer the\nenvironmental approval for the mining activity and the\napplication is not decided at the time the Minister receives the\napplication for approval of the transfer of the environmental\n(mining) licence – 15 business days after the decision to\napprove, or refuse to approve, the transfer of the\nenvironmental approval is made; or\n\nEnvironment Protection Act 2019 114\n(d) otherwise – the following period after the Minister receives the\napplication for approval of the transfer of the environmental\n(mining) licence:\n(i) for an exploration activity – 20 business days;\n(ii) for extractive operations – 20 business days;\n(iii) for mining operations – 30 business days.\n124ZZU Amendment of environmental (mining) licence or grant of\nenvironmental (mining) licence instead\n(1) If the Minister approves the transfer of a modified condition licence\nor tailored condition licence, the Minister may, in accordance with\nsection 124ZR and 124ZS, amend the licence by amending or\nremoving any condition applying to the licence or by imposing a\nnew condition.\n(2) If the Minister considers the conditions of a standard condition\nlicence to be transferred should be amended, the Minister may\ngrant a modified condition licence or tailored condition licence to the\ntransferee in place of the transfer of the standard condition licence.\n(3) An amendment or grant of an environmental (mining) licence under\nthis section may be made on the Minister's own initiative or at the\nrequest of the transferee.\n(4) In deciding whether or not to amend an environmental (mining)\nlicence or grant a modified condition licence or tailored condition\nlicence under this section, the Minister must be satisfied that:\n(a) the environmental impacts associated with the mining activity\nwill be managed; and\n(b) the amendments to the environmental (mining) licence or the\ngrant of the environmental (mining) licence will not undermine\nthe objects of the Act.\n(5) If the Minister amends an environmental (mining) licence or grants\na modified condition licence or tailored condition licence under this\nsection, the obligations agreed to under section 124ZZO continue\nand extend to the amended environmental (mining) licence or the\nmodified condition licence or tailored condition licence.\n(6) If the Minister grants a modified condition licence or tailored\ncondition licence in place of a standard condition licence under this\nsection, the standard condition licence is revoked.\n\nEnvironment Protection Act 2019 115\n124ZZV Notice of decision\n(1) The Minister must give notice to the mining operator and the\ntransferee of a decision on an application for a transfer of an\nenvironmental (mining) licence and a statement of reasons for the\ndecision.\n(2) The Minister must publish a decision to do the following, and a\nstatement of reasons for the decision, as soon as practicable after\nthe decision is made:\n(a) to approve or refuse to approve a transfer of an environmental\n(mining) licence;\n(b) to grant a modified condition licence or a tailored condition\nlicence to the transferee in place of the transfer of a standard\n(3) The Minister must publish:\n(a) a transferred environmental (mining) licence as soon as\npracticable after it is transferred; and\n(b) a modified condition licence or a tailored condition licence as\nsoon as practicable after it is granted under section 124ZZU.\nNote for section 124ZZV\nA transfer or grant of an environmental (mining) licence is recorded in the public\n124ZZW Licensing – environmental offences\nan environmental (mining) licence is required under this Act\nand\n\nEnvironment Protection Act 2019 116\nan environmental (mining) licence is required under this Act\nand\nan environmental (mining) licence is required under this Act;\nand\nan environmental (mining) licence is required under this Act;\nand\n(5) Strict liability applies to subsections (1)(b) and (c) and (2)(b)\nand (c).\n\nEnvironment Protection Act 2019 117\n124ZZX Contravention of environmental (mining) licence –\nand\n(c) the conduct contravenes the environmental (mining) licence\nand\nand\n(c) the conduct contravenes the environmental (mining) licence\nand\nand\n(c) the conduct contravenes the environmental (mining) licence;\nand\n\nEnvironment Protection Act 2019 118\nand\n(c) the conduct contravenes the environmental (mining) licence.\n124ZZY Contravention of requirements of performance improvement\nprogram – environmental offences\n(1) A mining operator commits an offence if:\n(a) the mining operator is required to participate in a performance\nimprovement program; and\n(b) the mining operator intentionally engages in conduct; and\n(c) the conduct contravenes the requirements of the performance\nimprovement program and the mining operator is reckless in\nrelation to that circumstance.\n(a) the mining operator is required to participate in a performance\nimprovement program; and\n\nEnvironment Protection Act 2019 119\n(b) the mining operator contravenes the requirements of the\nperformance improvement program.\n124ZZZ Obligations relating to release of waste or contaminant\n(1) A person on a mining site must not release waste or a contaminant\nfrom that site unless the release is authorised under this Act.\n(2) A mining operator, worker or contractor on a mining site must\nprevent the release of waste or a contaminant from that site unless\nthe release is authorised under this Act.\n124ZZZA No unauthorised release of waste or contaminant\nand\n(e) the release results in significant environmental harm and the\n\nEnvironment Protection Act 2019 120\nand\n(e) the release results in material environmental harm and the\nand\n(e) the release results in significant environmental harm.\n(b) the conduct results in the release of waste or a contaminant\nfrom a mining site; and\n(c) the release is not authorised under this Act.\n(5) A mining operator, worker or contractor on a mining site commits an\noffence if:\n(a) waste or a contaminant is released from a mining site; and\n(b) the mining operator, worker or contractor fails to prevent the\nrelease of the waste or contaminant from the mining site; and\n(c) the release is not authorised under this Act.\n(6) Strict liability applies to subsections (1)(b), (c) and (d) and (2)(b), (c)\n\nEnvironment Protection Act 2019 121\n124ZZZB Publication of reports\n(1) The Minister may direct a mining operator to publish, in the manner\nand within the time determined by the Minister, any report given to\nthe Minister by the mining operator under:\n(a) this Act; or\n(b) an environmental (mining) licence.\n(2) A mining operator must comply with a direction given under\n124ZZZC Offence to contravene direction\n(a) the person has been directed to publish a report under\nsection 124ZZZB(1); and\n(b) the person contravenes the direction.\n\nEnvironment Protection Act 2019 122\nSubdivision 2 Extension of specified periods\n124ZZZD Regulations may provide for extension of period for mining\noperator or transferee to do thing\n(1) The regulations may provide for a process for the extension of any\nperiod within which a mining operator or a transferee is required\nunder this Part to prepare a document or information or give a\ndocument or information to the Minister.\n(2) If a period mentioned in subsection (1) is extended in accordance\nwith the regulations, the period as extended is taken to be the\nperiod under this Part.\n124ZZZE Regulations may provide for extension of period for Minister to\ndo thing\n(1) The regulations may provide for a process for the extension of any\nperiod under this Part within which the Minister is required under\nthis Part to make a decision or to do another thing.\n(2) If a period mentioned in subsection (1) is extended in accordance\nwith the regulations, the period as extended is taken to be the\nperiod under this Part.\n124ZZZF Purpose of Part\nThe purpose of this Part is to provide for general obligations in\n(a) any action that requires environmental approval; or\n(b) any mining activity that requires an environmental (mining)\n124ZZZG General obligation to take care of environment\nEvery person on an activity site has an obligation to take care of the\n\nEnvironment Protection Act 2019 123\n124ZZZH Obligations in respect of site\n(1) A person on an activity site must comply with instructions and\nprocedures applying to the person that are included in the\nenvironment protection management system for the site.\n(2) A person on an activity site must follow all reasonable directions\ngiven by a person having the duty to give directions about\npreventing environmental harm.\n(3) A person must not interfere with or misuse anything provided on an\nactivity site for environment protection.\n124ZZZI Obligations of operator – management system\n(1) The operator for an activity site must:\n(a) establish and maintain an appropriate management structure\nof competent persons for the site; and\n(b) as far as practicable, ensure that workers on the site are\ncompetent to perform their duties; and\n(c) establish, implement and maintain an environment protection\nmanagement system that is appropriate to the nature, scale\nand environmental impacts of the regulated action or\nregulated mining activity being carried out on the site; and\n(d) provide adequate resources for the implementation and\nmaintenance of the environment protection management\nsystem; and\n(e) ensure, by regular assessment, that the environment\nprotection management system operates effectively.\n(2) For subsection (1)(c), an environment protection management\nsystem for an activity site must comply with the requirements\nprescribed by regulation.\n(3) The operator of an activity site must display in a prominent place on\nthe activity site any environmental approval or environmental\n(mining) licence applying to the activity site and make the approval\nor licence available to a contractor or worker on request.\n124ZZZJ Consultation and cooperation for taking care of environment\n(1) For section 124ZZZI(1)(c), the operator for an activity site must\nfacilitate consultation and cooperation between the operator,\ncontractors and workers in initiating, developing and implementing\nenvironment protection measures for the activity site's environment\n\nEnvironment Protection Act 2019 124\nprotection management system.\n(2) Without limiting subsection (1), the measures may include one or\nmore of the following:\n(a) establishing one or more environment protection committees\nfor the activity site or for a particular action or mining activity;\n(b) establishing appropriate policies and procedures for dealing\nwith issues involving risk of environmental harm;\n(c) ensuring, as far as practicable, that adequate information is\navailable about environmental risks involved in operations on\nthe activity site;\n(d) planning appropriate strategies for dealing with environmental\nincidents and serious environmental incidents on the activity\n124ZZZK Obligations of worker\n(1) A worker must keep informed about, and comply with, work\ninstructions and procedures applying to the worker that are included\nin the environment protection management system for the activity\n(2) A worker must, as soon as practicable, report to the operator for the\nactivity site or, if employed by a contractor, to the contractor:\n(a) the occurrence of an incident required to be reported or\nrecorded under Part 9, Division 8 or the regulations; and\n(b) a situation the worker has reason to believe may present a\nrisk to the environment.\n124ZZZL Obligations of contractor who is not worker\n(1) A contractor (other than a worker) must ensure that the provisions\nof this Act and the environment protection management system for\nthe activity site are complied with to the extent that they relate to\nthe work performed or service provided by the contractor.\n(2) A contractor (other than a worker) must, as soon as practicable,\nreport to the operator for the activity site:\n(a) the occurrence of an incident required to be reported or\nrecorded under Part 9, Division 8 or the regulations; and\n(b) a situation the contractor has reason to believe may present a\nrisk to the environment; and\n\nEnvironment Protection Act 2019 125\n(c) any matter reported to the contractor by a worker under\nsection 124ZZZK.\n124ZZZM Environmental obligations – environmental offences\nthe person is reckless in relation to that circumstance; and\nthe person is reckless in relation to that circumstance; and\n(e) the conduct results in significant environmental harm.\n\nEnvironment Protection Act 2019 126\n(e) the conduct results in material environmental harm.\n(6) Strict liability applies to subsections (1)(b) and (d) and (2)(b)\nPart 5C Power to enter land to comply with specified\nconditions\n124ZZZN Application\nThis Part applies if:\n(a) either:\n(i) an environmental approval is subject to a condition\nmentioned in section 85; or\n\nEnvironment Protection Act 2019 127\n(ii) an environmental (mining) licence is subject to a\ncondition mentioned in section 124ZC; and\n(b) the approval holder or the mining operator:\n(i) is not the owner or occupier of the land or premises to\nwhich the condition applies; or\n(ii) does not have a right of access to the land or premises\nto which the condition applies.\n124ZZZO Power to enter land\n(1) The following persons may enter land or premises to which the\ncondition under section 85 or 124ZC applies:\n(a) the approval holder or an employee of the approval holder;\n(b) the mining operator or an employee of the mining operator;\n(c) a contractor engaged by the approval holder or mining\noperator to carry out works on the land or premises or an\nemployee of the contractor.\n(2) The following persons may enter land or premises to which a\ncondition under section 85 or 124ZC applies to monitor the carrying\nout of the works on the land or premises to which the condition\napplies:\n(a) a person engaged by the approval holder or mining operator\nto monitor the carrying out of the works or an employee of the\nmonitor;\n(b) the CEO.\n(3) A person permitted to enter land or premises under this section\nmay only enter:\n(a) with the consent of the owner or occupier of the land; or\n(b) if the person gives at least 10 business days prior written\nnotice to the owner or occupier of the land; or\n(c) in an emergency, if there is a risk of environmental harm if\nworks are not carried out immediately.\n(4) A person entering land or premises under subsection (3)(c) must:\n(a) if possible, give oral notice of the entry to the owner or\noccupier of the land as soon as possible before, on or after\nthat entry; and\n\nEnvironment Protection Act 2019 128\n(b) give written notice of the entry to the owner or occupier within\n10 business days after that entry or the giving of the oral\nnotice, whichever occurs first.\n(5) The notice under subsection (3)(b) or (4) must inform the owner or\noccupier of the land of the matters prescribed by regulation.\n(6) Despite subsection (3), a person must not enter residential\npremises under this section without the consent of the owner or\n(7) The power of a person to enter land or premises under this section\nmay be exercised, despite:\n(a) the land being, or the premises being on, Aboriginal land; and\n(b) the person not holding a permit under the Aboriginal Land\n124ZZZP Notice to CEO and Mining Minister\n(1) The approval holder or mining operator must give written notice to\nthe CEO of the intention of the approval holder or mining operator,\na contractor or monitor engaged by the approval holder or mining\noperator or an employee of any of them, to enter land or premises\nunder section 124ZZZO.\n(2) The notice must be given at least 10 business days before entry to\nthe land or premises.\n(3) Despite subsection (2), if entry to the land or premises is made in\nan emergency under section 124ZZZO(3)(c), the approval holder or\nmining operator must:\n(a) give oral notice of the entry to the CEO as soon as possible\nbefore, on or after that entry; and\n(b) give written notice of the entry to the CEO within 10 business\ndays after that entry or the giving of the oral notice, whichever\noccurs first.\n(4) A notice under subsection (1) or (3) must also be given to the\nMining Minister if it relates to an environmental (mining) licence that\nis granted on an application under this Act.\n(5) The notice given by a person under subsection (1), (3) or (4) must\ninform the CEO and the Mining Minister, as the case requires, of\nthe matters prescribed by regulation.\n\nEnvironment Protection Act 2019 129\n124ZZZQ Powers on entry\nA person who is authorised under section 124ZZZO to enter land or\npremises may on entry do any of the following to comply with the\ncondition of the environmental approval or environmental (mining)\nlicence or to monitor the carrying out of works under that condition:\n(a) inspect the land or premises and anything found there;\n(b) dig up any land and operate any machinery or equipment on\nthe land;\n(c) bring equipment, machinery and materials onto the land or\npremises and install and maintain any equipment, machinery\nor materials;\n(d) take photographs and make sketches or other records of the\n(e) measure anything, or take samples of anything, on the land or\n(f) take any other action reasonably required to comply with that\ncondition or monitor the carrying out of works.\n124ZZZR Duties on entry\nA person who is authorised under section 124ZZZO to enter land or\npremises:\n(a) must take reasonable steps to minimise disruption to the\nowner or occupier of the land or premises caused by the entry\nto the land or premises or the taking of an action specified in\nthe condition mentioned in section 85 or 124ZC; and\n(b) must not remain on the land or premises any longer than is\nreasonably necessary to comply with the condition of the\nenvironment approval or environmental (mining) licence or to\nmonitor the carrying out of works under that condition.\n124ZZZS Recovery of costs\n(1) A person is entitled to be paid reasonable compensation under this\nsection for loss or damage incurred because of action taken under\nthis Part by:\n(a) an approval holder or mining operator or an employee of that\nperson; or\n\nEnvironment Protection Act 2019 130\n(b) a contractor or monitor engaged by an approval holder or\nmining operator or an employee of a contractor or monitor.\n(2) The approval holder or mining operator is liable to pay the\ncompensation for the loss or damage.\n(3) No action lies against the Territory for the loss or damage.\n124ZZZT Offence to obstruct\n(b) the conduct obstructs another person from taking any action\nthat is authorised under this Part to comply with a condition of\nan environmental approval or environmental (mining) licence\nand the person is reckless in relation to that circumstance.\n(b) the conduct obstructs another person from carrying out the\nmonitoring of works that is authorised under this Part and the\nperson is reckless in relation to that circumstance.\n124ZZZU Offence to fail to give notice\n(a) the person is required to give a notice under section 124ZZZO\nor 124ZZZP; and\nMaximum penalty: 50 penalty units.\n\nEnvironment Protection Act 2019 131\n124ZZZV Offence to fail to comply with duty on entry\n(a) the person has a duty under section 124ZZZR; and\n(b) the person intentionally engages in conduct; and\n(c) the conduct contravenes that duty and the person is reckless\nin relation to that circumstance.\n(2) Strict liability applies to subsection (1)(a).\n(3) It is a defence to a prosecution for an offence against subsection(1)\nif the defendant took reasonable steps and exercised due diligence\nto prevent the commission of the offence.\n","sortOrder":169},{"sectionNumber":"125","sectionType":"section","heading":"Environmental offsets framework and guidelines","content":"125 Environmental offsets framework and guidelines\n(1) The Minister may establish an environmental offsets framework for\nthe use of environmental offsets under this Act or an Act prescribed\nby regulation.\n(2) The Minister may, by Gazette notice, publish guidelines for the\nenvironmental offsets framework.\n(3) Without limiting subsection (2), the guidelines may provide for any\nof the following:\n(a) the types of environmental offsets that may be required;\n(b) different requirements for different classes of persons;\n(c) different requirements for different classes of actions;\n(d) different requirements for different areas;\n(e) different requirements for different kinds of environmental\noffsets.\n\nEnvironment Protection Act 2019 132\n","sortOrder":170},{"sectionNumber":"126","sectionType":"section","heading":"Environmental offsets register","content":"126 Environmental offsets register\n(1) The CEO must keep a public environmental offsets register for this\nAct.\n(2) The environmental offsets register must be kept in a form\ndetermined by the CEO.\n(3) The CEO must record in the environmental offsets register all\nenvironmental offsets that are approved under this Act or an Act\nprescribed by regulation.\n(4) The environmental offsets register must include the information\nrequired by regulation for each approved environmental offset.\n","sortOrder":171},{"sectionNumber":"127","sectionType":"section","heading":"Application of Division","content":"127 Application of Division\nThis Division applies if a condition of an environmental approval\nrequires a person to provide an environment protection bond.\n","sortOrder":172},{"sectionNumber":"128","sectionType":"section","heading":"Purpose of environment protection bond","content":"128 Purpose of environment protection bond\nThe purpose of an environment protection bond is to secure:\n(a) the approval holder's obligation to comply with this Act and the\n(b) the payment of the reasonable costs and expenses of the\nMinister or the CEO taking action at any time to prevent,\nminimise or remediate environmental harm resulting from the\naction to which the environmental approval applies; and\n(c) the payment of the reasonable costs and expenses of the\nMinister or the CEO taking action to complete rehabilitation of\nthe site to which the environmental approval applies or any\narea affected by the action; and\n(d) the payment of the reasonable costs of post-closure\nmonitoring, management and reporting; and\n(e) the payment of any amount payable to the CEO by the\napproval holder for anything done by the CEO under this Act\nin relation to the approval holder's obligations under this Act.\n\nEnvironment Protection Act 2019 133\n","sortOrder":173},{"sectionNumber":"129","sectionType":"section","heading":"Amount of bond","content":"129 Amount of bond\n(1) The Minister must determine the amount or value of the\nenvironment protection bond to be provided.\n(2) In determining the amount or value of an environment protection\nbond, the Minister may consider:\n(a) the environmental risks and impacts of the action; and\n(b) the level of uncertainty in assessing those risks and impacts\nand the management measures to deal with them.\n(2A) If the regulations prescribe a minimum amount of environment\nprotection bond payable in relation to an action or class of actions\nor a circumstance or class of circumstances, the Minister may\ndetermine that the amount of the environment protection bond is or\nincludes the prescribed minimum amount.\n(3) The Minister may determine the nature of the environment\nprotection bond to be provided, which may include:\n(a) cash; or\n(b) a bank guarantee; or\n(c) any other form of financial accommodation acceptable to the\n(4) The conditions of an environmental approval may require the\nprovision of an environment protection bond specifying:\n(a) the amount of the bond or a formula for calculating the amount\nof the bond; and\n(b) the form of the bond; and\n(c) the terms on which the bond must be provided.\n(5) The amount of an environment protection bond required for an\nenvironmental approval may be recalculated:\n(a) in accordance with the environmental approval; or\n(b) if the environmental approval is varied; or\n(c) if the Minister is satisfied that there is a substantial change in\nthe circumstances on the basis of which the bond was\ncalculated; or\n(d) at the request of the approval holder.\n\nEnvironment Protection Act 2019 134\n(6) The Minister may consider the matters in subsection (2) in\nrecalculating an amount of environment protection bond under\nsubsection (5).\n(6A) An environment protection bond must not be imposed on a person\nin relation to a mining activity.\n(7) The Minister may determine and publish the methodology for\ncalculating the amount or value of an environment protection bond\npayable in respect of an action or class of actions or in a\ncircumstance or class of circumstances.\n(7A) The regulations may prescribe a minimum amount of environment\nprotection bond payable in respect of an action or class of actions\nor in a circumstance or class of circumstances.\n(8) An environment protection bond must not be imposed on a person\nfor a purpose if a bond or security has been, or is required to be,\nprovided by the person under another Act for the same, or\nsubstantially the same, environmental impacts.\n","sortOrder":174},{"sectionNumber":"130","sectionType":"section","heading":"Environment protection bond account","content":"130 Environment protection bond account\n(1) The Minister must establish an environment protection bond\naccount.\n(2) The account must be a trust account.\n(3) The Minister must ensure that an amount of environment protection\nbond paid in cash (including by cheque) is paid into the\nenvironment protection bond account.\n(4) An amount may only be paid from the environment protection bond\naccount for one of the following purposes:\n(a) for a payment as a result of a claim under section 131;\n(b) for a refund of all or any part of the bond.\n","sortOrder":175},{"sectionNumber":"131","sectionType":"section","heading":"Claim on bond","content":"131 Claim on bond\n(1) The Minister or the CEO may make a claim on an environment\nprotection bond for any purpose mentioned in section 128.\n(2) The claim must be made in accordance with the regulations.\n(3) The amount claimed cannot exceed the reasonable costs and\nexpenses of the Minister or the CEO in carrying out any action\nmentioned in section 128.\n\nEnvironment Protection Act 2019 135\n(3A) Costs and expenses may be recovered under this section even if\nthey were incurred as a result of an act or matter that occurred\nbefore the environment protection bond was provided.\n(4) A claim may be made on an environment protection bond after a\nrequest is made by the approval holder for the return of the bond.\n","sortOrder":176},{"sectionNumber":"132","sectionType":"section","heading":"Unused bond refundable","content":"132 Unused bond refundable\n(1) Subject to subsection (2), any amount of an environment protection\nbond not used for a purpose mentioned in section 128 is refundable\nif all remediation, rehabilitation and closure requirements of the\nenvironmental approval have been completed to the Minister's\nsatisfaction.\n(1A) If an amount of environment protection bond held is reduced as a\nresult of a recalculation under section 129, the amount of bond that\nis the difference between the environment protection bond held and\nthe recalculated bond is refundable to the approval holder.\n(2) Any amount owing to the Territory by the approval holder under this\nAct may be deducted from the environment protection bond at the\ntime of the refund of the bond.\n","sortOrder":177},{"sectionNumber":"132A","sectionType":"section","heading":"Application of Division","content":"132A Application of Division\n(1) Subject to subsection (2), this Division applies if a mining operator\nis required under an environmental (mining) licence under\nsection 124ZJ(2)(b), 124ZK(2)(c) or 124ZL(2)(b) to provide a mining\nsecurity.\n(2) This Division and sections 124ZJ(2)(b), 124ZK(2)(c) and\n124ZL(2)(b) do not apply in relation to an environmental (mining)\nlicence that applies to the Ranger Project Area.\n","sortOrder":178},{"sectionNumber":"132B","sectionType":"section","heading":"Purpose of mining security","content":"132B Purpose of mining security\nThe purpose of a mining security is to secure:\n(a) the mining operator's obligation to comply with this Act and the\nenvironmental (mining) licence and any applicable\n(b) the payment of the reasonable costs and expenses of the\nMinister or the CEO taking action to prevent, minimise or\nremediate environmental harm resulting from any phase of the\nmining activity to which the environmental (mining) licence\nand any environmental approval applies; and\n\nEnvironment Protection Act 2019 136\n(c) the payment of the reasonable costs and expenses of the\nMinister or the CEO taking action to complete remediation and\nrehabilitation or closure of the mining site to which the\nenvironmental (mining) licence and any environmental\napproval applies or any area affected by the mining activity;\nand\n(d) the payment of the reasonable costs of post-closure\nmonitoring, management and reporting.\n","sortOrder":179},{"sectionNumber":"132C","sectionType":"section","heading":"Amount of mining security","content":"132C Amount of mining security\n(1) The Minister must determine and publish the methodology for\ncalculating the amount or value of the mining security to be\nprovided.\n(2) In determining the methodology for calculating an amount or value\nof a mining security, the Minister may consider all or any of the\n(a) the environmental risks and impacts of the mining activity to\nbe carried out under the environmental (mining) licence and\nany environmental approval applying to the activity;\n(b) the level of uncertainty in assessing those risks and impacts\nand the management measures to deal with them;\n(c) the level of environmental disturbance that has been caused,\nis caused or is likely to be caused by the mining activities that\nhave been or are to be carried out under the environmental\n(mining) licence and any environmental approval applying to\nthe activity;\n(d) the level of environmental disturbance that has been caused\nby mining activities carried out on a mining site by:\n(i) the mining operator or a previous mining operator\nappointed by the title holder for the mining site; or\n(ii) an operator of the mining site under an authorisation\nunder the Mining Management Act 2001 under which a\nmining security was paid before the repeal of that Act;\n(e) any proposed phase of the mining activity (including the\ndevelopment of the mining site) to be carried out under the\nenvironmental (mining) licence;\n(f) any matter prescribed by regulation.\n\nEnvironment Protection Act 2019 137\n(3) If the regulations prescribe a minimum amount of mining security in\nrelation to a mining activity or class of mining activities or in a\ncircumstance or class of circumstances, the Minister may determine\nthat the amount of the mining security is or includes the prescribed\nminimum amount.\n(4) The Minister may determine the nature of the mining security to be\nprovided, which may include:\n(a) cash; or\n(b) a bank guarantee; or\n(c) any other form of financial accommodation acceptable to the\n(5) The amount of mining security required for an environmental\n(mining) licence may be recalculated:\n(a) in accordance with the environmental (mining) licence; or\n(b) if the environmental (mining) licence or any applicable\nenvironmental approval is amended; or\n(c) if the Minister is satisfied that there is a substantial change in\nthe circumstances on the basis of which the mining security\nwas calculated; or\n(d) at the request of the mining operator.\n(6) The Minister may consider all or any of the matters in\nsubsection (2) in recalculating an amount of mining security under\nsubsection (5).\n(7) The regulations may prescribe a minimum amount of mining\nsecurity in relation to a mining activity or class of mining activities or\nin a circumstance or class of circumstances.\n","sortOrder":180},{"sectionNumber":"132D","sectionType":"section","heading":"Mining security account","content":"132D Mining security account\n(1) The Minister must establish a mining security account.\n(2) The account must be a trust account.\n(3) The Minister must ensure that an amount of mining security paid in\ncash (including by cheque) is paid into the mining security account.\n(4) An amount may only be paid from the mining security account for\none of the following purposes:\n(a) for a payment as a result of a claim under section 132E;\n\nEnvironment Protection Act 2019 138\n(b) for a refund of all or any part of the mining security.\n","sortOrder":181},{"sectionNumber":"132E","sectionType":"section","heading":"Claim on mining security","content":"132E Claim on mining security\n(1) The Minister or the CEO may make a claim on a mining security for\nany purpose mentioned in section 132B.\n(2) The claim must be made in accordance with the regulations.\n(3) The amount claimed cannot exceed the reasonable costs and\nexpenses of the Minister or the CEO in carrying out any action\nmentioned in section 132B.\n(4) Costs and expenses may be recovered under this section even if\nthey were incurred as a result of an act or matter that occurred\nbefore the mining security was provided.\n(5) A claim may be made on mining security after a request is made by\nthe mining operator for the return of the mining security.\n","sortOrder":182},{"sectionNumber":"132F","sectionType":"section","heading":"Unused mining security refundable","content":"132F Unused mining security refundable\n(1) Subject to subsection (2), any amount of a mining security not used\nfor a purpose mentioned in section 132B is refundable if:\n(a) a mining closure certificate is issued for the mining site or the\npart of the mining site to which the mining security applies; or\n(b) remediation, rehabilitation and closure requirements of the\nenvironmental (mining) licence for the site or the part of the\nsite for which the refund is requested have been completed to\nthe Minister's satisfaction.\n(2) If an amount of a mining security held is reduced as a result of a\nrecalculation under section 132C, the amount of mining security\nthat is the difference between the mining security held and the\nrecalculated security is refundable to the mining operator.\n(3) Any amount owing to the Territory by the mining operator under this\nAct, the Mineral Titles Act or the Legacy Mines Remediation Act\nmay be deducted from the mining security at the time of the refund\nof the security.\n(4) A mining operator may apply to the Minister for a refund of an\namount of mining security to which they are entitled under this\nsection.\n\nEnvironment Protection Act 2019 139\n","sortOrder":183},{"sectionNumber":"133","sectionType":"section","heading":"Environment protection levy","content":"133 Environment protection levy\n(1) An environment protection levy is established.\n(2) The environment protection levy is a tax that is levied to provide\nfunding for the following purposes:\n(a) the carrying out of works for the remediation of environmental\nharm;\n(b) the carrying out of works for the rehabilitation of the\nenvironment;\n(c) research into the environmental impacts of particular\nindustries;\n(d) research into the management of the environmental impacts\nof particular industries;\n(e) other activities relating to protecting or enhancing the\n","sortOrder":184},{"sectionNumber":"134","sectionType":"section","heading":"Liability for environment protection levy","content":"134 Liability for environment protection levy\n(1) A person is liable to pay the environment protection levy if the\nperson is in a class of persons prescribed by regulation to be liable\nto pay the levy.\n(2) An environment protection levy must not be imposed on a person\nfor a purpose if a levy has been, or is required to be, paid by the\nperson under another Act for the same, or substantially the same,\nenvironmental impacts.\n","sortOrder":185},{"sectionNumber":"135","sectionType":"section","heading":"Amount of levy","content":"135 Amount of levy\n(1) The amount of environment protection levy to be paid by a person\nmust be determined in accordance with the regulations.\n(2) The regulations may deal with matters relevant to the\ndetermination, payment and collection of the environment\nprotection levy.\n(3) The regulations may provide for the amount of the environment\nprotection levy and the method of calculating the levy to be different\nin relation to different classes of actions, industries or\n(4) An environment protection levy paid by a person is not refundable.\n\nEnvironment Protection Act 2019 140\n","sortOrder":186},{"sectionNumber":"136","sectionType":"section","heading":"Minister may establish environment protection funds","content":"136 Minister may establish environment protection funds\n(1) The Minister may establish one or more environment protection\nfunds in accordance with the regulations.\n(2) The Minister must, by Gazette notice, specify the purposes of each\nfund.\n(3) The purposes of an environment protection fund may include\nproviding funds for any of the following:\n(a) actions taken in the event of an environmental emergency;\n(b) works for the remediation of environmental harm;\n(c) works for the rehabilitation of the environment;\n(d) works for the protection of the environment;\n(e) research into the environmental impacts of particular\nindustries;\n(f) research into the management of the environmental impacts\nof particular industries;\n(g) other activities relating to protecting or enhancing the\n(4) Without limiting subsection (1), the Minister may establish separate\nenvironment protection funds for different industries.\n","sortOrder":187},{"sectionNumber":"137","sectionType":"section","heading":"Payments into environment protection funds","content":"137 Payments into environment protection funds\n(1) The Gazette notice establishing an environment protection fund\nunder section 136 must state the kinds of funds that may be paid\ninto the fund.\n(2) The following kinds of funds may be paid into an environment\nprotection fund:\n(a) amounts or a proportion of amounts of environment protection\nlevy payable under this Act;\n(b) the amounts of any costs recovered under Part 10, Division 2\nor Part 11, Division 2;\n(c) fees or a proportion of fees payable under this Act;\n\nEnvironment Protection Act 2019 141\n(d) amounts or a proportion of any amounts required to be paid to\nthe CEO under this Act;\n(e) any other amount required to be paid into an environment\nprotection fund under this Act.\n(3) Each environment protection fund must be invested in a manner\napproved by the Treasurer.\n(4) The proceeds of the investment of an environment protection fund\nare payable into that fund.\n","sortOrder":188},{"sectionNumber":"138","sectionType":"section","heading":"Expenditure from an environment protection fund","content":"138 Expenditure from an environment protection fund\n(1) The Minister must, by Gazette notice, determine the purposes for\nwhich the money in an environment protection fund may be\nexpended.\n(2) A purpose determined for an environment protection fund:\n(a) must be a purpose specified in section 136(3); and\n(b) may also include the following:\n(i) the reimbursement of fees paid into the fund;\n(ii) the reimbursement of any amount paid into the fund in\nrelation to an enforceable undertaking.\n(3) Any expenditure from an environment protection fund must be\nauthorised by the Minister.\n(4) If an environment protection fund includes an amount of levy paid in\nrespect of a particular industry, that amount cannot be expended for\nthe support of another industry unless the other industry is\nimpacted by the particular industry.\n","sortOrder":189},{"sectionNumber":"139","sectionType":"section","heading":"Recovery of amounts paid out of fund","content":"139 Recovery of amounts paid out of fund\n(1) This section applies if an amount is paid out of an environment\nprotection fund to undertake:\n(a) actions in the event of an environmental emergency; or\n(b) works for the remediation of environmental harm; or\n(c) works for the rehabilitation of the environment; or\n(d) works for the protection of the environment.\n\nEnvironment Protection Act 2019 142\n(2) The CEO may recover the amount expended from the environment\nprotection fund from the person who was responsible for:\n(a) the environmental emergency; or\n(b) the environmental harm that required the remediation works;\nor\n(c) the need for the rehabilitation works; or\n(d) the action that resulted in the need for environment protection.\n(3) The amount may be recovered in a court of competent jurisdiction\nas a debt due to the Territory.\n(4) Any amount recovered under this section must be paid into the\nenvironment protection fund from which the expenditure was made.\n","sortOrder":190},{"sectionNumber":"Part 8","sectionType":"part","heading":"Environmental audits, environmental auditors","content":"Part 8 Environmental audits, environmental auditors\nand environmental practitioners\n","sortOrder":191},{"sectionNumber":"140","sectionType":"section","heading":"Relationship of this Part to other provisions","content":"140 Relationship of this Part to other provisions\nThis Part does not affect the operation of any condition of an\nenvironmental approval or an environmental (mining) licence\nrequiring:\n(a) monitoring or testing; or\n(b) reporting on monitoring or testing.\n","sortOrder":192},{"sectionNumber":"141","sectionType":"section","heading":"Environmental audit","content":"141 Environmental audit\nAn environmental audit is a documented evaluation of an action or\nmining activity and its environmental impact (including an\nevaluation of management practices, systems and plant) for any of\nthe following purposes:\n(a) to provide information to the persons managing the action on\ncompliance with legal requirements, codes of practice and\nrelevant policies relating to the protection of the environment;\n(b) to enable persons to determine whether the way the action or\nmining activity is carried out can be improved in order to\nprotect the environment;\n\nEnvironment Protection Act 2019 143\n(c) to assess the nature, type, intensity, magnitude and extent of\nenvironmental impacts;\n(ca) to assess:\n(i) whether the action or mining activity is a prohibited\naction or is being, or has been, carried out in a protected\nenvironmental area and is prohibited in that area; and\n(ii) if so, the nature and environmental impact of the action\nor mining activity;\n(d) to assess whether environmental impacts have been, or are\nbeing, appropriately managed;\n(e) to assess whether measures to minimise or remediate\nenvironmental harm or to rehabilitate the environment have\nbeen taken or have been effective;\n(f) to assess the effectiveness of the safeguards or standards for\nthe protection of the environment applied or adopted in\nrelation to the action or mining activity;\n(g) to obtain improved information as to the effectiveness and\naccuracy of the risk management processes and systems\nused to identify environmental impacts during the\nenvironmental impact assessment process;\n(h) to assess the accuracy of forecasts of the environmental\nimpacts of the action or mining activity.\n","sortOrder":193},{"sectionNumber":"142","sectionType":"section","heading":"Direction by CEO to carry out environmental audit","content":"142 Direction by CEO to carry out environmental audit\n(1) The CEO may direct an approval holder to cause an environmental\naudit to be carried out by a qualified person if the CEO believes or\nsuspects on reasonable grounds that:\n(a) the approval holder has contravened, or is likely to\ncontravene, a condition of the environmental approval; or\n(ab) the approval holder, in carrying out an action, is carrying out,\nor has carried out, a prohibited action or an action in a\nprotected environmental area that is prohibited in that area; or\n(ac) the approval holder has otherwise contravened, or is likely to\ncontravene, this Act; or\n\nEnvironment Protection Act 2019 144\n(b) the environmental impacts that the action authorised by the\nenvironmental approval has, has had, or is likely to have are\nsignificantly greater than was indicated in the information that\nwas available to the Minister when the environmental approval\nwas granted.\n(2) The CEO may direct a mining operator who is the holder of an\nenvironmental (mining) licence to cause an environmental audit to\nbe carried out by a qualified person if the CEO believes or suspects\non reasonable grounds that:\n(a) the mining operator has contravened, or is likely to\ncontravene, the environmental (mining) licence; or\n(b) the mining operator, in carrying out a mining activity, is\ncarrying out, or has carried out, a prohibited action or an\naction in a protected environmental area that is prohibited in\nthat area; or\n(c) the mining operator has otherwise contravened, or is likely to\ncontravene, this Act; or\n(d) the environmental impacts that the mining activity authorised\nby the environmental (mining) licence has, has had, or is likely\nto have are significantly greater than was indicated in the\ninformation that was available to the Minister when the\nenvironmental (mining) licence was granted.\n(3) The CEO may direct a person to cause an environmental audit to\nbe carried out by a qualified person if the CEO believes or suspects\non reasonable grounds that the person is carrying out, or has\ncarried out, a prohibited action or an action in a protected\nenvironmental area that is prohibited in that area.\n","sortOrder":194},{"sectionNumber":"143","sectionType":"section","heading":"CEO may appoint qualified person to carry out environmental","content":"143 CEO may appoint qualified person to carry out environmental\naudit\nThe CEO may appoint a qualified person to carry out an\nenvironmental audit.\n","sortOrder":195},{"sectionNumber":"144","sectionType":"section","heading":"Environmental audit and report","content":"144 Environmental audit and report\n(1) An environmental audit under section 142 or 143 must be carried\nout to the satisfaction of the CEO.\n(2) The qualified person must provide a report on the environmental\naudit to the CEO in the manner required by the CEO.\n\nEnvironment Protection Act 2019 145\n","sortOrder":196},{"sectionNumber":"145","sectionType":"section","heading":"Contravention of direction – environmental offence","content":"145 Contravention of direction – environmental offence\n(1) A person commits an offence if the person contravenes a direction\nunder section 142.\n","sortOrder":197},{"sectionNumber":"146","sectionType":"section","heading":"Offence relating to conflict of interest","content":"146 Offence relating to conflict of interest\n(1) A person commits an offence if the person:\n(a) is a qualified person; and\n(b) intentionally carries out an environmental audit or part of an\nenvironmental audit; and\n(c) has a conflict of interest and is reckless in relation to that\ncircumstance; and\n(d) does not have the authorisation of the CEO to engage in the\nconduct despite the conflict of interest.\n(2) Strict liability applies to subsection (1)(a) and (d).\n","sortOrder":198},{"sectionNumber":"147","sectionType":"section","heading":"Authorisation of audit despite conflict","content":"147 Authorisation of audit despite conflict\nThe CEO may authorise a qualified person to carry out an\nenvironmental audit or a part of an environmental audit despite a\nconflict of interest if the CEO considers it appropriate to do so in the\nparticular circumstances of the case.\n","sortOrder":199},{"sectionNumber":"148","sectionType":"section","heading":"Nature of conflict of interest","content":"148 Nature of conflict of interest\n(1) For sections 146 and 147, a person has a conflict of interest if the\nperson:\n(a) is an associate of another person who owns or occupies any\npart of the site to which the audit relates; or\n\nEnvironment Protection Act 2019 146\n(b) has a direct or indirect pecuniary or personal interest in:\n(i) any part of the site to which the audit relates; or\n(ii) any action or mining activity carried out or proposed to\nbe carried out on the site or part of the site to which the\naudit relates; or\n(c) has been involved in, or is an associate of another person\nwho has been involved in, an assessment or remediation\nunder this Act of the site to which the audit relates.\n(2) For this section, a person is an associate of another person if:\n(a) they are partners; or\n(b) one is a spouse, de facto partner, parent, step-parent, child or\nstepchild of the other; or\n(c) they are both trustees or beneficiaries of the same trust, or\none is a trustee and the other is a beneficiary of the same\ntrust; or\n(d) one is a body corporate or other entity (whether inside or\noutside Australia) and the other is a director or member of the\ngoverning body of the body corporate or other entity; or\n(e) one is a body corporate or other entity (whether inside or\noutside Australia) and the other is a person who has a legal or\nequitable interest in 5% or more of the share capital of the\nbody corporate or other entity; or\n(f) they are related bodies corporate; or\n(g) a relationship of a kind prescribed by regulation exists\nbetween them; or\n(h) a chain or relationships can be traced between them under\nany one or more of paragraphs (a) to (g).\nbeneficiary, of a trust, includes an object of a discretionary trust.\nrelated body corporate, see section 9 of the Corporations\nAct 2001.\n\nEnvironment Protection Act 2019 147\n","sortOrder":200},{"sectionNumber":"149","sectionType":"section","heading":"Qualified person may direct information to be provided","content":"149 Qualified person may direct information to be provided\nA qualified person carrying out an environmental audit under\nsection 142 or 143 may direct the person carrying out or proposing\nto carry out the action or mining activity being audited to provide all\nrelevant information to the qualified person for carrying out the\naudit.\n","sortOrder":201},{"sectionNumber":"150","sectionType":"section","heading":"Declarations in relation to environmental audit reports","content":"150 Declarations in relation to environmental audit reports\nA report of an environmental audit by a qualified person provided to\nthe CEO must be accompanied by:\n(a) in the case of an audit under section 142 – a declaration\nsigned by the person who is directed to obtain the audit\ncertifying that the person:\n(i) has not knowingly provided any false or misleading\ninformation to the qualified person; and\n(ii) has provided all relevant information to the qualified\nperson; and\n(b) in the case of an audit under section 142 or 143 – a\ndeclaration signed by the qualified person certifying that:\n(i) the report is accurate; and\n(ii) the qualified person has not knowingly included any\nfalse or misleading information in it or failed to include\nany relevant information in it.\n","sortOrder":202},{"sectionNumber":"151","sectionType":"section","heading":"Contravention of direction to provide relevant information –","content":"151 Contravention of direction to provide relevant information –\n(a) the person is given a direction under section 149; and\n(b) the person contravenes that direction and is reckless in\n(a) the person is given a direction under section 149; and\n\nEnvironment Protection Act 2019 148\n","sortOrder":203},{"sectionNumber":"152","sectionType":"section","heading":"Offence if false or misleading information in audit report or","content":"152 Offence if false or misleading information in audit report or\nmissing information\n(1) A qualified person commits an offence if:\n(a) the qualified person intentionally signs a declaration under\nsection 150(b) in relation to an environmental audit report; and\n(b) the audit report contains false or misleading information or\ndoes not contain all relevant information and the qualified\nperson is reckless in relation to that circumstance.\nMaximum penalty: 500 penalty units or imprisonment for\n(2) Subsection (1) does not apply if the qualified person when giving\nthe audit report:\n(a) draws the false or misleading aspect of the document to the\nCEO's attention; and\n(b) to the extent to which the qualified person can reasonably do\nso – gives the CEO the information necessary to remedy the\nfalse or misleading aspect of the document.\n","sortOrder":204},{"sectionNumber":"153","sectionType":"section","heading":"Retention and production of audit documentation","content":"153 Retention and production of audit documentation\n(1) A person to whom a direction is given under section 142 must\nretain the prescribed documents relating to an environmental audit\nuntil the end of the last of the following periods after the audit report\nwas provided to the CEO:\n(a) 5 years;\n(b) the period prescribed by regulation for that class of audit;\n(c) the period (not exceeding 10 years) determined by the CEO in\nrelation to the audit and notified to the person.\n\nEnvironment Protection Act 2019 149\n(2) The CEO may direct a person to produce a document that the\nperson is required to retain under subsection (1).\n","sortOrder":205},{"sectionNumber":"154","sectionType":"section","heading":"Contravention of direction – environmental offences","content":"154 Contravention of direction – environmental offences\n(a) the person is given a direction under section 153(2); and\n(b) the person contravenes that direction and the person is\n(a) the person is given a direction under section 153(2); and\n","sortOrder":206},{"sectionNumber":"155","sectionType":"section","heading":"Offence to represent that registered as auditor","content":"155 Offence to represent that registered as auditor\n(a) the person recklessly makes a representation that the person\nis registered as an environmental auditor under this Act; and\n(b) the person is not registered under this Act as an\nenvironmental auditor.\n\nEnvironment Protection Act 2019 150\n","sortOrder":207},{"sectionNumber":"156","sectionType":"section","heading":"Registration of environmental auditors","content":"156 Registration of environmental auditors\nThe regulations may provide for matters relating to the registration\nof persons as environmental auditors, including the following:\n(a) the grant or renewal of registration, including the qualifications\nfor registration which may include certification by another\njurisdiction or entity;\n(b) the information to be provided to the CEO for applications for\nthe grant or renewal of registration;\n(c) application fees and renewal fees;\n(d) conditions of registration;\n(e) the period of registration or renewal of registration;\n(f) suspension or cancellation of registration and disqualification\nfrom registration;\n(g) reviews by NTCAT of decisions of the CEO relating to\nregistration;\n(h) the keeping of a register of environmental auditors, including\nby adopting a register or record of environmental auditors kept\nby another jurisdiction or entity.\n","sortOrder":208},{"sectionNumber":"157","sectionType":"section","heading":"Offence to represent that registered as environmental","content":"157 Offence to represent that registered as environmental\npractitioner\n(a) the person recklessly makes a representation that the person\nis registered as an environmental practitioner under this Act;\nand\n(b) the person is not registered under this Act as an\nenvironmental practitioner.\n\nEnvironment Protection Act 2019 151\n","sortOrder":209},{"sectionNumber":"158","sectionType":"section","heading":"Registration of environmental practitioners","content":"158 Registration of environmental practitioners\nThe regulations may provide for matters relating to the registration\nof persons as environmental practitioners, including the following:\n(a) the grant or renewal of registration, including the qualifications\nfor registration which may include certification by another\njurisdiction or entity;\n(b) the information to be provided to the CEO for applications for\nthe grant or renewal of registration;\n(c) application fees and renewal fees;\n(d) conditions of registration;\n(e) the period of registration or renewal of registration;\n(f) suspension or cancellation of registration and disqualification\nfrom registration;\n(g) reviews by NTCAT of decisions of the CEO relating to\nregistration;\n(h) the keeping of a register of environmental practitioners,\nincluding by adopting a register or record of environmental\npractitioners kept by another jurisdiction or entity.\n","sortOrder":210},{"sectionNumber":"159","sectionType":"section","heading":"Appointment or authorisation of environmental officers","content":"159 Appointment or authorisation of environmental officers\n(1) The CEO may appoint or authorise a person as an environmental\nofficer.\n(2) The CEO must not appoint or authorise a person as an\nenvironmental officer unless satisfied that the person has the skills,\nqualifications, training or experience to properly perform the\nfunctions of an environmental officer.\n(3) A police officer is an environmental officer for this Act.\n","sortOrder":211},{"sectionNumber":"160","sectionType":"section","heading":"Identity card","content":"160 Identity card\n(1) The CEO must give an environmental officer appointed or\nauthorised under section 159(1) an identity card stating the\nperson's name and that the person is an environmental officer.\n\nEnvironment Protection Act 2019 152\n(2) The identity card must:\n(a) show a recent photograph of the environmental officer; and\n(b) show the card's date of issue; and\n(c) be signed by the environmental officer.\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n(4) An environmental officer to whom an identity card is issued who is\nexercising a power or performing a function under this Act must\nproduce that card for inspection if requested to do so by any person\naffected by the exercise of the power or the performance of the\nfunction.\n","sortOrder":212},{"sectionNumber":"161","sectionType":"section","heading":"Offence not to return identity card","content":"161 Offence not to return identity card\n(1) A person who ceases to be an environmental officer must return the\nperson's identity card to the CEO within 15 business days after the\ncessation.\nMaximum penalty: 20 penalty units.\nsubsection (1) if the person has a reasonable excuse.\n","sortOrder":213},{"sectionNumber":"162","sectionType":"section","heading":"Powers of environmental officers: purposes","content":"162 Powers of environmental officers: purposes\n(1) An environmental officer may do anything or cause anything to be\ndone or take any action the environmental officer believes on\nreasonable grounds is necessary for the purpose of exercising a\npower or performing a function under this Act.\n(2) Without limiting subsection (1), an environmental officer may\nexercise the powers set out in this Division for the following\npurposes:\n(a) to monitor compliance with this Act;\n(b) to investigate a suspected contravention of this Act.\n\nEnvironment Protection Act 2019 153\n","sortOrder":214},{"sectionNumber":"163","sectionType":"section","heading":"General powers of environmental officers","content":"163 General powers of environmental officers\n(1) Subject to section 164, an environmental officer may do any of the\n(a) enter any land or premises;\n(b) move any vehicle;\n(c) inspect any land or premises and anything on the land or\n(d) search any land or premises entered and anything found\nthere;\n(e) take photographs and make sketches or other records of land\nor premises or things found on land or premises;\n(f) take photographs of any person on or in land or premises;\n(g) make recordings in any medium, including audio, visual and\naudio-visual recordings, of land or premises or things found on\n(h) inspect and take copies of documents and records;\n(i) seize any documents and any equipment required to access\nany documents;\n(j) dig up any land;\n(k) operate any equipment;\n(l) bring equipment or materials on to the land or premises and\ninstall and maintain equipment or materials;\n(m) measure anything, or take samples of anything on land or\n(n) examine or test any equipment or machinery or other thing;\n(o) require a person to produce for inspection an environmental\napproval, environmental (mining) licence or environmental\naudit report or a document of a class prescribed by regulation\nor a copy of the document;\n(p) require a relevant person to:\n(i) provide the person's name, address and date of birth\nand evidence of these; and\n\nEnvironment Protection Act 2019 154\n(ii) if the relevant person is acting as a member of a\npartnership – provide the name and address and\ntelephone number of any other partner in the\npartnership; and\n(iii) if the relevant person is acting as a member of the\ncommittee of management of an unincorporated body –\nprovide the name and address and telephone number of\nany other member of the committee of management;\n(q) require a person on the land or premises to give the\nenvironmental officer reasonable assistance to exercise or\nperform the environmental officer's powers or functions\nincluding:\n(i) operate any computer or other equipment; and\n(ii) provide any access or assistance to access any\ncomputer or other equipment or any service;\n(r) authorise a person to provide assistance to an environmental\nofficer in the exercise or performance of the environmental\nofficer's powers or functions;\n(s) do any other act or thing necessary for, or incidental to, the\nexercise of a power mentioned in this Division.\nassociated person, of a person, means:\n(a) if the person is a member of a partnership – a partner of the\nperson; or\n(b) if the person is a member of and acting on behalf of an\nunincorporated body – a member of the committee of\nmanagement of the body; or\n(c) an employee, agent, licensee, contractor or subcontractor of\nthe person or of a partnership or body mentioned in\n(a) a person who is on, or in the vicinity of, the land or premises;\nor\n(b) a person who the environmental officer reasonably suspects is\ntravelling to or from the land or premises; or\n\nEnvironment Protection Act 2019 155\n(c) a person who the environmental officer reasonably suspects is\nthe owner or occupier of the land or premises; or\n(ca) a person who the environmental officer reasonably suspects is\nthe mining operator if the land or premises is part of a mining\nsite; or\n(d) a person who the environmental officer reasonably suspects is\na person who is under investigation for a suspected\ncontravention of this Act; or\n(e) a person who the environmental officer reasonably suspects is\na person who is an associated person of a person mentioned\nin paragraph (c) or (d).\n","sortOrder":215},{"sectionNumber":"164","sectionType":"section","heading":"Entry of residential premises","content":"164 Entry of residential premises\n(1) The power to enter premises given by section 163 does not apply to\nresidential premises unless:\n(a) the entry is with the consent of the occupier obtained under\nsubsection (2); or\n(b) the entry is under a search warrant issued under section 170.\n(2) An environmental officer seeking an occupier's consent to enter\nresidential premises must:\n(a) show the officer's identity card to the occupier; and\n(b) give the occupier the reasons why the entry is sought; and\n(c) inform the occupier that the occupier may refuse to give\nconsent.\n(3) An environmental officer is not entitled to remain on residential\npremises if the environmental officer does not show the officer's\nidentity card to an occupier of those premises.\n(4) Having entered residential premises, an environmental officer may\nremain on the premises for as long as is reasonably necessary to\nenable the officer to perform the officer's functions.\n(5) This section does not affect any powers a police officer may\nexercise under another law of the Territory.\n\nEnvironment Protection Act 2019 156\n","sortOrder":216},{"sectionNumber":"165","sectionType":"section","heading":"Entry on Aboriginal land","content":"165 Entry on Aboriginal land\nThe power of an environmental officer to enter land or premises\nmay be exercised under this Act, despite:\n(a) the land or premises being Aboriginal land; and\n(b) the officer not holding a permit under the Aboriginal Land\n","sortOrder":217},{"sectionNumber":"166","sectionType":"section","heading":"Duties of environmental officer on land or premises","content":"166 Duties of environmental officer on land or premises\nAn environmental officer must take reasonable steps to:\n(a) minimise disruption caused by the entry or inspection of land\nor premises or the taking of an action specified in section 163;\nand\n(b) ensure the environmental officer does not remain on land or\npremises any longer than is reasonably necessary.\n","sortOrder":218},{"sectionNumber":"167","sectionType":"section","heading":"Duty of environmental officer in relation to seized thing","content":"167 Duty of environmental officer in relation to seized thing\n(1) As soon as practicable but within 5 business days after an\nenvironmental officer seizes a thing under section 163, the officer\nmust give a receipt for the seized thing to the person from whom it\nwas seized.\n(2) The receipt must describe generally each thing seized and its\ncondition.\n(3) If, for any reason, it is not practicable to comply with subsection (1),\nthe environmental officer must:\n(a) leave the receipt at the place of seizure; and\n(b) ensure the receipt is left in a reasonably secure way and in a\nconspicuous position.\n(4) The environmental officer must allow a person who would be\nentitled to the seized thing if it were not in the environmental\nofficer's possession to inspect it and, if it is a document, to take\nextracts from it or make copies of it.\n(5) The environmental officer must return the seized thing to its owner\nat the end of the later of:\n(a) 3 years; or\n\nEnvironment Protection Act 2019 157\n(b) if a prosecution for an offence involving the seized thing is\nstarted within the 3 years – 12 months after the end of the\nprosecution for the offence and any appeal from the\nprosecution.\n(6) Despite subsection (5), the environmental officer must return the\nseized thing to its owner immediately the environmental officer\nstops being satisfied its retention as evidence is necessary.\n(7) However, the environmental officer may keep the seized thing if the\nenvironmental officer believes on reasonable grounds that it is\nnecessary to continue to keep it to prevent its use in committing an\n(8) An environmental officer must give written notice to the owner of a\nseized thing as soon as practicable if the environmental officer\ndecides under subsection (7) to keep the thing.\n","sortOrder":219},{"sectionNumber":"168","sectionType":"section","heading":"Forfeiture of seized thing","content":"168 Forfeiture of seized thing\n(1) Despite section 167, if the owner of the seized thing is convicted of\nan offence for which the thing was retained as evidence, the court\nmay order its forfeiture to the Territory.\n(2) Despite section 167, if the court makes an order against the owner\nof a seized thing under Part 10, the court may order its forfeiture to\nthe Territory.\n(3) The forfeited thing becomes the property of the Territory and may\nbe destroyed or disposed of as directed by the CEO.\n(4) This section does not limit the court's powers under any other law.\n","sortOrder":220},{"sectionNumber":"169","sectionType":"section","heading":"Offence to contravene requirement","content":"169 Offence to contravene requirement\n(a) the person has been required to do a thing under\nsection 163(1); and\n(b) the person contravenes the requirement.\n\nEnvironment Protection Act 2019 158\n","sortOrder":221},{"sectionNumber":"170","sectionType":"section","heading":"Application for and issue of search warrant","content":"170 Application for and issue of search warrant\n(1) An environmental officer may apply to a judicial officer for a search\nwarrant to enter land or premises:\n(a) by appearing in person before the judicial officer; or\n(b) if it is not practicable to appear in person – by telephone, radio\nor other means of communication.\n(2) If the judicial officer is satisfied that there are reasonable grounds to\npermit the environmental officer to enter the land or premises, the\njudicial officer may issue a warrant directed to the environmental\nofficer.\n(3) If the judicial officer issues a warrant on an application made under\nsubsection (1)(b), the judicial officer must:\n(a) complete and sign the warrant (the original warrant); and\n(b) record on the original warrant the reasons for issuing it; and\n(c) inform the environmental officer by telephone, radio or other\nmeans of communication of its terms.\n(4) When informed of the terms of the warrant under subsection (3)(c),\nthe environmental officer must as soon as practicable:\n(a) complete 2 copies of the form of warrant in the terms provided\nby the judicial officer; and\n(b) write on each copy the name of the judicial officer and the\ndate and time of the issue of the original warrant; and\n(c) forward one copy to the judicial officer.\n(5) The environmental officer may use the remaining copy of the\nwarrant to exercise the powers granted by the original warrant.\n(6) If the judicial officer is satisfied, after comparing the forwarded copy\nwith the original warrant, that the copy is in substance identical to\nthe original warrant, the judicial officer must certify the copy as\nbeing in substance identical to the original warrant.\n\nEnvironment Protection Act 2019 159\njudicial officer means any of the following:\n(a) a Supreme Court Judge;\n(b) an Associate Judge;\n(c) a Local Court Judge.\n","sortOrder":222},{"sectionNumber":"171","sectionType":"section","heading":"Effect and term of search warrant","content":"171 Effect and term of search warrant\n(1) A search warrant permits the environmental officer to whom it is\ndirected, and any other environmental officer, to:\n(a) enter the land or premises specified in the warrant; and\n(b) exercise the powers of the environmental officer under this Act\nin relation to the land or premises.\n(2) A warrant remains in force for 30 business days from its date of\nissue.\n","sortOrder":223},{"sectionNumber":"172","sectionType":"section","heading":"Directions by environmental officer","content":"172 Directions by environmental officer\n(1) An environmental officer may issue a direction to a person to do\nany of the following:\n(a) take an action to prevent, minimise, manage or remediate any\nenvironmental harm by the method, and within the time,\nspecified in the direction;\n(b) cease taking any action that may impact on the environment;\n(c) within the time specified in the direction:\n(i) take photographs and make sketches or other records of\nland or premises or things found on land or premises; or\n(ii) take photographs of any person on land or premises; or\n(iii) make recordings in any medium, including audio, visual\nand audio-visual recordings, of land or premises or\nthings found on land or premises; or\n(iv) inspect and take copies of documents and records; or\n(v) measure anything, or take samples of anything on land\nor premises; or\n\nEnvironment Protection Act 2019 160\n(vi) provide the photographs, sketches, records, recordings,\ndocuments, measurements or samples mentioned in\nsubparagraphs (i) to (v) to the environmental officer or a\nperson nominated by the environmental officer for\nanalysis.\n(2) A direction must not be inconsistent with this Act or any relevant\n(3) A direction may be given orally but must be confirmed by written\nnotice to the person as soon as practicable.\nland or premises means land or premises (including residential\npremises) owned, occupied or managed by the approval holder.\n","sortOrder":224},{"sectionNumber":"173","sectionType":"section","heading":"Offence to contravene direction","content":"173 Offence to contravene direction\n(a) the person has been directed to do a thing under\nsection 172(1); and\n(b) the person contravenes the direction.\n","sortOrder":225},{"sectionNumber":"174","sectionType":"section","heading":"Offence to obstruct environmental officer","content":"174 Offence to obstruct environmental officer\n(a) the person intentionally obstructs another person; and\n(b) the other person is an environmental officer; and\n(c) the environmental officer is acting in an official capacity and\nthe person has knowledge of that circumstance.\n\nEnvironment Protection Act 2019 161\n","sortOrder":226},{"sectionNumber":"175","sectionType":"section","heading":"Compliance with requirement to provide information","content":"175 Compliance with requirement to provide information\n(1) This section applies in relation to:\n(a) a requirement to provide information under section 163; or\n(b) a direction to provide information under section 172(1).\n(2) It is not an excuse for a person to refuse or fail to provide the\ninformation in response to the requirement or direction on the\nground that to do so might tend to incriminate the person or make\nthe person liable to a penalty.\n(3) Information provided by an individual in response to a requirement\nor direction that might tend to incriminate the individual or make the\nindividual liable to a penalty is not admissible in evidence against\nthe individual in a proceeding for an offence or the imposition of a\npenalty.\n(4) Subsection (3) does not prevent the use of information provided by\nan individual in response to a requirement or direction to locate or\nidentify further evidence that may be used in evidence against the\nindividual in a proceeding for an offence or the imposition of a\npenalty.\n(5) Subsection (3) does not apply to a proceeding in relation to the\nprovision of false or misleading information or documents.\n","sortOrder":227},{"sectionNumber":"176","sectionType":"section","heading":"Environment protection notice – purpose and issue","content":"176 Environment protection notice – purpose and issue\n(1) The CEO may issue an environment protection notice to any\nperson under this Division for the purpose of securing compliance\nwith:\n(a) a declaration under section 35, 36 or 38; or\n(ab) an environmental approval; or\n(ac) an environmental (mining) licence; or\n(ad) Part 5A or 5B; or\n(b) a requirement prescribed by regulation.\n\nEnvironment Protection Act 2019 162\n(2) In addition to subsection (1), the CEO may issue an environment\nprotection notice under this Division in the circumstances set out in\nDivision 2A.\n(3) Without limiting subsection (1), an environment protection notice\ncan be made on the revocation or ceasing to have effect of a notice\nunder section 182, 182A or 183.\n","sortOrder":228},{"sectionNumber":"177","sectionType":"section","heading":"Content of environment protection notice","content":"177 Content of environment protection notice\n(1) Subject to section 183, an environment protection notice must be:\n(a) in writing; and\n(b) given to the person to whom it is issued.\n(2) The environment protection notice must:\n(a) specify the person to whom it is issued, whether by name or a\ndescription sufficient to identify the person; and\n(ab) if the notice is issued for the purpose of securing compliance\nwith a declaration under section 35, 36 or 38:\n(ii) specify the non-compliance to be rectified; and\n(b) if the notice is issued for the purpose of securing compliance\nwith the conditions of an environmental approval or an\nenvironmental (mining) licence:\n(ii) specify the conditions to be complied with; and\n(ba) if the notice is issued for the purpose of securing compliance\nwith Part 5A or 5B:\n(ii) specify the non-compliance to be rectified; and\n(c) if the notice is issued for the purpose of securing compliance\nwith a requirement prescribed by regulation:\n(ii) specify the requirement.\n\nEnvironment Protection Act 2019 163\n(3) The environment protection notice must state that the person may\napply to NTCAT for review of the decision to issue the notice.\n(4) An environment protection notice is binding on each person to\nwhom it is issued.\n","sortOrder":229},{"sectionNumber":"178","sectionType":"section","heading":"Requirements of environment protection notices","content":"178 Requirements of environment protection notices\n(1) Subject to sections 182, 182A and 183, an environment protection\nnotice may impose any requirement reasonably required for the\npurpose for which the notice is issued, including one or more of the\n(a) a requirement (a cease work requirement) that the person\ndiscontinue, or not commence, a specified activity or specified\npart of an activity;\n(b) a requirement that the person not undertake or continue a\nspecified activity except at specified times or subject to\nspecified conditions;\n(c) a requirement that the person undertake a specified activity\nwithin a specified period or at specified times or in specified\ncircumstances;\n(d) a requirement that the person prepare, in accordance with\nspecified requirements and to the satisfaction of the CEO, a\nplan to prevent, minimise, manage or remediate\nenvironmental harm;\n(da) a requirement that the person:\n(i) rehabilitate the environment; or\n(ii) prepare, in accordance with specified requirements and\nto the satisfaction of the CEO, a plan to rehabilitate the\nenvironment;\n(e) a requirement that the person comply with the plan mentioned\nin paragraph (d) or (da);\n(f) a requirement that the person undertake specified tests or\nenvironmental monitoring;\n(g) a requirement that the person submit to the CEO specified\ntesting, monitoring or compliance reports;\n(h) a requirement that the person appoint or engage a person in a\nspecified class of qualified person to prepare a plan or report\nor undertake tests or monitoring required by the notice;\n\nEnvironment Protection Act 2019 164\n(i) a requirement prescribed by regulation.\n(2) An environment protection notice that includes a cease work\nrequirement remains in force until it is revoked by the CEO under\nsection 184.\n(3) An application to NTCAT for review of an environment protection\nnotice that imposes a requirement mentioned in subsection (1)(a),\n(b) or (c) or a requirement prescribed by regulation does not stay\nthe operation of the notice.\n","sortOrder":230},{"sectionNumber":"179","sectionType":"section","heading":"Environment protection notice may permit certain acts or","content":"179 Environment protection notice may permit certain acts or\nomissions\n(1) The CEO may include in an environment protection notice a\nrequirement for an act or omission that might otherwise constitute a\ncontravention of this Act if the CEO considers that it is reasonably\nnecessary in the circumstances to do so.\n(2) A person incurs no liability to a penalty under this Act for an act or\nomission made in compliance with a requirement mentioned in\n","sortOrder":231},{"sectionNumber":"180","sectionType":"section","heading":"Effect of environment protection notice on need for statutory","content":"180 Effect of environment protection notice on need for statutory\nauthorisation\n(a) a person is required by an environment protection notice to\ncarry out an action; and\n(b) a statutory authorisation of a kind prescribed by regulation is\nrequired for that action.\n(2) The person may carry out the action without obtaining the statutory\nauthorisation.\n(3) A person incurs no liability to a penalty under the Act governing the\nstatutory authorisation for complying with subsection (2).\n(4) Subsections (2) and (3) apply despite anything to the contrary in the\nAct governing the statutory authorisation.\n\nEnvironment Protection Act 2019 165\n","sortOrder":232},{"sectionNumber":"181","sectionType":"section","heading":"Notice to prescribed statutory decision-maker of proposed","content":"181 Notice to prescribed statutory decision-maker of proposed\nnotice\n(a) the CEO proposes to:\n(i) issue or vary an environment protection notice requiring\na person to carry out an action; or\n(ii) issue a notice confirming an emergency environment\nprotection notice under section 183(6) requiring a person\nto carry out an action; and\n(b) but for section 180, a statutory authorisation would be\nrequired for that action.\n(2) The CEO must:\n(a) give notice of the proposed environment protection notice or\nthe proposed variation or confirmation of an environment\nprotection notice to the statutory decision-maker responsible\nfor granting the statutory authorisation; and\n(b) consider any written comments received within the time\nspecified in the notice from the statutory decision-maker.\n(3) The notice must be given before the environment protection notice\nis issued or varied or confirmed, as the case requires.\n(4) The time specified in the notice must be:\n(a) for a notice under section 183(6) to confirm an emergency\nenvironment protection notice – at least 24 hours; or\n(b) otherwise – at least 10 business days.\n(5) This section does not apply to the issue of an emergency\nenvironment protection notice.\n","sortOrder":233},{"sectionNumber":"182","sectionType":"section","heading":"Emergency environment protection notice issued by CEO","content":"182 Emergency environment protection notice issued by CEO\n(1) The CEO may issue an emergency environment protection notice\nto a person if:\n(a) an environmental approval has been granted for an action;\nand\n(b) the CEO believes on reasonable grounds that the action is\ncausing significant environmental harm; and\n\nEnvironment Protection Act 2019 166\n(c) the CEO believes on reasonable grounds that urgent action is\nrequired for the protection of the environment and to meet the\nobjects of this Act; and\n(d) the CEO believes on reasonable grounds that a ground\nspecified in section 109 for revocation of an environmental\napproval exists.\n(1A) The CEO may issue an emergency environment protection notice\nto a person if:\n(a) an environmental (mining) licence has been granted for a\nmining activity; and\n(b) the CEO believes on reasonable grounds that the mining\nactivity is causing significant environmental harm; and\n(c) the CEO believes on reasonable grounds that urgent action is\nrequired for the protection of the environment and to meet the\nobjects of this Act; and\n(d) the CEO believes on reasonable grounds that a ground\nspecified in section 124ZZB for revocation of an\nenvironmental (mining) licence exists.\n(2) The emergency environment protection notice may impose any\n(3) An application to NTCAT for review of an emergency environment\nprotection notice that imposes a requirement mentioned in\nsection 178(1)(a), (b) or (c) or a requirement prescribed by\nregulation does not stay the operation of the notice.\n(4) An emergency environment protection notice issued to a person\nunder subsection (1) ceases to have effect at the end of\n10 business days after it is issued unless before the end of that\n(a) the Minister commences to amend the environmental approval\nunder section 106; or\n(b) a show cause notice is issued to the person under\nsection 111.\n(5) If subsection (4)(a) or (b) applies, the emergency environment\nprotection notice continues in effect until:\n(a) the process of amendment of the environmental approval\nunder section 106 is completed; or\n\nEnvironment Protection Act 2019 167\n(b) the show cause process is completed under section 111; or\n(c) the CEO revokes the emergency environment protection\nnotice under section 184.\n(6) An emergency environment protection notice issued to a person\nunder subsection (1A) ceases to have effect at the end of\n10 business days after it is issued unless before the end of that\n(a) the Minister commences to amend the environmental (mining)\nlicence under section 124ZS; or\n(b) a show cause notice is issued to the person under\nsection 124ZZE.\n(7) If subsection (6)(a) or (b) applies, the emergency environment\nprotection notice continues in effect until:\n(a) the process of amendment of the environmental (mining)\nlicence under section 124ZS is completed; or\n(b) the show cause process is completed under section 124ZZE;\nor\n(c) the CEO revokes the emergency environment protection\nnotice under section 184.\n","sortOrder":234},{"sectionNumber":"182A","sectionType":"section","heading":"Further power of CEO to issue emergency environment","content":"182A Further power of CEO to issue emergency environment\nprotection notice\n(1) This section does not apply in relation to an action to which\nsection 182 applies.\n(2) The CEO may issue an emergency environment protection notice\nto a person if the CEO believes on reasonable grounds that:\n(a) an action is causing material or significant environmental\nharm; and\n(b) urgent action is required for the protection of the environment\nand to meet the objects of this Act.\n(3) The emergency environment protection notice may impose any\n\nEnvironment Protection Act 2019 168\n(4) An application to NTCAT for review of an emergency environment\nprotection notice under this section that imposes a requirement\nmentioned in section 178(1)(a), (b) or (c) or a requirement\nprescribed by regulation does not stay the operation of the notice.\n(5) An emergency environment protection notice issued to a person\nunder this section ceases to have effect at the end of 10 business\ndays after it is issued unless it is revoked earlier under section 184.\n","sortOrder":235},{"sectionNumber":"183","sectionType":"section","heading":"Emergency environment protection notice issued by","content":"183 Emergency environment protection notice issued by\nenvironmental officer\n(1) An environmental officer may issue an emergency environment\nprotection notice to a person if the officer considers that urgent\naction is required for the protection of the environment.\n(2) The emergency environment protection notice may impose any\n(3) An emergency environment protection notice may be given to the\nperson orally.\n(4) If an emergency environment protection notice is given to a person\norally under this section, the person to whom it is issued must be\nadvised immediately of the person's right to apply to NTCAT for\nreview of the notice.\n(5) An application to NTCAT for review of an emergency environment\nprotection notice that imposes a requirement mentioned in\nsection 178(1)(a), (b) or (c) or a requirement prescribed by\nregulation does not stay the operation of the notice.\n(6) An emergency environment protection notice issued to a person\nunder this section ceases to have effect at the end of 72 hours from\nthe time it is issued unless the notice is confirmed by written notice\nissued by the CEO and given to the person.\n","sortOrder":236},{"sectionNumber":"184","sectionType":"section","heading":"Variation or revocation of environment protection notice","content":"184 Variation or revocation of environment protection notice\nThe CEO may vary or revoke an environment protection notice by\nwritten notice served on each person bound by the environment\nprotection notice.\n","sortOrder":237},{"sectionNumber":"185","sectionType":"section","heading":"Copy of environment protection notice may be lodged with","content":"185 Copy of environment protection notice may be lodged with\nRegistrar-General\n(1) The CEO may lodge with the Registrar-General a copy of any\nenvironment protection notice issued or confirmed by the CEO in\nrelation to land.\n\nEnvironment Protection Act 2019 169\n(2) The CEO must lodge with the copy of the notice any additional\ninformation required to identify the land to which the notice relates.\n(3) The Registrar-General must record an environment protection\nnotice, a copy of which is lodged under subsection (1), in the land\n","sortOrder":238},{"sectionNumber":"186","sectionType":"section","heading":"Recorded notice applies to owners and occupiers of land","content":"186 Recorded notice applies to owners and occupiers of land\nland is recorded under section 185(3).\n(2) If the environment protection notice was issued to the owner or\noccupier of the land to which it applies, the notice is binding on\neach owner or occupier for the time being of the land.\n","sortOrder":239},{"sectionNumber":"187","sectionType":"section","heading":"Notice to owners and occupiers of land","content":"187 Notice to owners and occupiers of land\nland is recorded under section 185(3).\n(2) The CEO must, as soon as practicable after the environment\nprotection notice is recorded, take all reasonable steps to give\nwritten notice to each owner and occupier of the land who is bound\nby the environment protection notice of:\n(a) the recording of the environment protection notice; and\n(b) the obligations of the owner or occupier under sections 188\nand 189.\n(3) The notice given under subsection (2) must state that the owner or\noccupier may apply to NTCAT for review of the decision to lodge a\ncopy of the environment protection notice with the Registrar-\nGeneral under section 185.\n(4) If all reasonable steps have been taken under subsection (2) to\nnotify an occupier of land, the notice may be given by addressing it\nto \"the occupier\" and posting it to, or leaving it on, the land.\n(5) A notice is not required to be given under this section to an owner\nor occupier of land to whom the environment protection notice was\nissued under this Division.\n","sortOrder":240},{"sectionNumber":"188","sectionType":"section","heading":"Notice by owner or occupier to CEO","content":"188 Notice by owner or occupier to CEO\nland is recorded under section 185.\n\nEnvironment Protection Act 2019 170\n(2) A person who is or was bound by the environment protection notice\nas the owner or occupier of the land must give written notice to the\nCEO as soon as practicable after the person ceases to own or\noccupy the land.\n(3) The notice must state the name and address of the new owner or\n","sortOrder":241},{"sectionNumber":"189","sectionType":"section","heading":"Offence to contravene notice requirement","content":"189 Offence to contravene notice requirement\n(a) the person is required to give a notice to the CEO under\nsection 188; and\n","sortOrder":242},{"sectionNumber":"190","sectionType":"section","heading":"Cancellation of recording of environment protection notice","content":"190 Cancellation of recording of environment protection notice\n(1) The CEO may apply to the Registrar-General to cancel the\nrecording of an environment protection notice in relation to land in\nthe land register.\n(2) The CEO must apply to the Registrar-General to cancel the\nrecording of an environment protection notice in relation to land in\nthe land register:\n(a) on revocation of the notice; or\n(b) on full compliance with the requirements of the notice; or\n(c) at the direction of NTCAT on an application to review the\ndecision to lodge a copy of the notice with the Registrar-\nGeneral.\n(3) The CEO must lodge with the application any additional information\nrequired to identify the land to which the application relates.\n\nEnvironment Protection Act 2019 171\n(4) On receipt of an application under subsection (1) or (2), the\nRegistrar-General must cancel the recording of the environment\nprotection notice in the land register.\n","sortOrder":243},{"sectionNumber":"191","sectionType":"section","heading":"Contravention of environment protection notice –","content":"191 Contravention of environment protection notice –\n(c) the contravention results in significant environmental harm\n(c) the contravention results in material environmental harm and\nthe person is reckless in relation to that result.\n(b) the person contravenes the notice; and\n(c) the contravention results in significant environmental harm.\n(5) Strict liability applies to subsections (1)(a) and (2)(a).\n\nEnvironment Protection Act 2019 172\n","sortOrder":244},{"sectionNumber":"192","sectionType":"section","heading":"Obstruct compliance with notice – environmental offence","content":"192 Obstruct compliance with notice – environmental offence\n(b) the conduct obstructs compliance by another person with an\nenvironment protection notice and the person is reckless in\n(2) It is a defence to a prosecution for an offence against\n(3) The defendant has a legal burden of proof in relation to a matter\nmentioned in subsection (2).\n","sortOrder":245},{"sectionNumber":"192A","sectionType":"section","heading":"Application","content":"192A Application\nThis Subdivision applies in relation to an environment protection\nnotice issued to a person if:\n(a) the environment protection notice requires the person to enter\nland or premises in order to comply with the notice; and\n(i) is not the owner or occupier of the land or premises\nrequired to be entered; or\n(ii) does not have a right of access to the land or premises\nrequired to be entered.\n\nEnvironment Protection Act 2019 173\n","sortOrder":246},{"sectionNumber":"192B","sectionType":"section","heading":"Power to enter land","content":"192B Power to enter land\n(1) The following persons may enter land or premises specified in an\nenvironment protection notice to comply with the environment\nprotection notice:\n(a) the person to whom the environment protection notice is\nissued or an employee of that person;\n(b) a person engaged by the person to whom the environment\nprotection notice is issued to carry out works on the land or\npremises (a contractor) or an employee of the contractor.\n(2) The following persons may enter land or premises specified in an\nenvironment protection notice to monitor the carrying out of the\nworks on the land or premises to which the environment protection\nnotice applies:\n(a) a person engaged by the person to whom the environment\nprotection notice is issued to monitor the carrying out of the\nworks (a monitor) or an employee of the monitor;\n(b) the CEO.\n(3) A person permitted to enter land or premises under this section\nmay only enter:\n(a) with the consent of the owner or occupier of the land; or\n(b) if the person gives at least 10 business days prior written\nnotice to the owner or occupier of the land; or\n(c) in an emergency, if there is a risk of environmental harm if\nworks are not carried out immediately.\n(4) A person entering land or premises under subsection (3)(c) must:\n(a) if possible, give oral notice of the entry to the owner or\noccupier of the land as soon as possible before, on or after\nthat entry; and\n(b) give written notice of the entry to the owner or occupier within\n10 business days after that entry or the giving of the oral\nnotice, whichever occurs first.\n(5) The notice under subsection (3)(b) or (4) must inform the owner or\noccupier of the land of the matters prescribed by regulation.\n\nEnvironment Protection Act 2019 174\n(6) Despite subsection (3), a person must not enter residential\npremises under this section without the consent of the owner or\n(7) The power of a person to enter land or premises under this section\nmay be exercised, despite:\n(a) the land being, or the premises being on, Aboriginal land; and\n(b) the person not holding a permit under the Aboriginal Land\n","sortOrder":247},{"sectionNumber":"192C","sectionType":"section","heading":"Notice to CEO","content":"192C Notice to CEO\n(1) The person to whom the environment protection notice is issued\nmust give written notice to the CEO of the intention of the person, a\ncontractor or monitor engaged by the person or an employee of any\nof them, to enter land or premises under section 192B.\n(2) The notice must be given at least 10 business days before entry to\nthe land or premises.\n(3) Despite subsection (2), if entry to the land or premises is made in\nan emergency under section 192B(3)(c), the person to whom the\nenvironment protection notice is issued must:\n(a) give oral notice of the entry to the CEO as soon as possible\nbefore, on or after that entry; and\n(b) give written notice of the entry to the CEO within 10 business\ndays after that entry or the giving of the oral notice, whichever\noccurs first.\n(4) The notice given by a person under subsection (1) or (3) must\ninform the CEO of the matters prescribed by regulation.\n","sortOrder":248},{"sectionNumber":"192D","sectionType":"section","heading":"Powers on entry","content":"192D Powers on entry\nA person who is authorised under section 192B to enter land or\npremises may on entry do any of the following to comply with the\nenvironment protection notice or to monitor the carrying out of\nworks under that notice:\n(a) inspect the land or premises and anything found there;\n(b) dig up any land and operate any machinery or equipment on\nthe land;\n\nEnvironment Protection Act 2019 175\n(c) bring equipment, machinery and materials onto the land or\npremises and install and maintain any equipment, machinery\nor materials;\n(d) take photographs and make sketches or other records of the\n(e) measure anything, or take samples of anything, on the land or\n(f) take any other action reasonably required to comply with the\nenvironment protection notice or monitor the carrying out of\nworks.\n","sortOrder":249},{"sectionNumber":"192E","sectionType":"section","heading":"Duties on entry","content":"192E Duties on entry\nA person who is authorised under section 192B to enter land or\npremises:\n(a) must take reasonable steps to minimise disruption to the\nowner or occupier of the land or premises caused by the entry\nto the land or premises or the taking of an action specified in\nsection 192D; and\n(b) must not remain on the land or premises any longer than is\nreasonably necessary to comply with the environment\nprotection notice or to monitor the carrying out of works under\nthe environment protection notice.\n","sortOrder":250},{"sectionNumber":"192F","sectionType":"section","heading":"Recovery of costs","content":"192F Recovery of costs\n(1) A person is entitled to be paid reasonable compensation under this\nsection for loss or damage incurred because of action taken under\nthis Subdivision by:\n(a) a person to whom an environment protection notice is issued\nor an employee of the person; or\n(b) a contractor or monitor engaged by a person to whom an\nenvironment protection notice is issued or an employee of a\ncontractor or monitor.\n(2) The person to whom the environment protection notice is issued is\nliable to pay the compensation for the loss or damage.\n(3) If the environment protection notice is issued to a person who is or\nwas a related person of a high risk entity, this section does not\napply to loss or damage incurred by the high risk entity.\n(4) No action lies against the Territory for the loss or damage.\n\nEnvironment Protection Act 2019 176\n","sortOrder":251},{"sectionNumber":"192G","sectionType":"section","heading":"Offence to obstruct","content":"192G Offence to obstruct\n(b) the conduct obstructs another person from taking any action\nthat is authorised under this Subdivision to comply with an\nenvironment protection notice and the person is reckless in\n(b) the conduct obstructs another person from carrying out the\nmonitoring of works that is authorised under this Subdivision\n","sortOrder":252},{"sectionNumber":"192H","sectionType":"section","heading":"Offence to fail to give notice","content":"192H Offence to fail to give notice\n(a) the person is required to give a notice under section 192B\nor 192C; and\nMaximum penalty: 50 penalty units.\n","sortOrder":253},{"sectionNumber":"192J","sectionType":"section","heading":"Offence to fail to comply with duty on entry","content":"192J Offence to fail to comply with duty on entry\n(a) the person has a duty under section 192E; and\n(b) the person intentionally engages in conduct; and\n\nEnvironment Protection Act 2019 177\n(c) the conduct results in a contravention of that duty and the\n(2) Strict liability applies to subsection (1)(a).\n","sortOrder":254},{"sectionNumber":"192K","sectionType":"section","heading":"Purpose of Division","content":"192K Purpose of Division\nThe purpose of this Division is to enable a compliance notice in\nrelation to a petroleum activity to be issued to a related person of a\nhigh risk entity.\n","sortOrder":255},{"sectionNumber":"192L","sectionType":"section","heading":"Definitions","content":"192L Definitions\nholding entity means:\n(a) for a body corporate (other than an Aboriginal and Torres\nStrait Islander corporation) – a holding company as defined in\nsection 8 of the Corporations Act 2001 (Cth); and\n(b) for an Aboriginal and Torres Strait Islander corporation – a\nholding body corporate as defined in section 700-1 of the\nCATSI Act.\noriginal landowner, see section 192U.\nprescribed Act means an Act prescribed by regulation for this\nDivision.\nprescribed approval means:\n(a) an environmental approval; or\n(b) an authorisation, or a plan approved, under a prescribed Act\nthat is prescribed by regulation for this Division.\n\nEnvironment Protection Act 2019 178\nprescribed direction means a direction, notice or order (however\ndescribed) that:\n(a) is made or issued under a prescribed Act; and\n(b) either:\n(i) relates to compliance with a prescribed approval under\nthe prescribed Act; or\n(ii) relates to compliance with, or provides for, a prescribed\nenvironmental duty under the prescribed Act; and\n(c) is prescribed by regulation for this Division.\nprescribed environmental duty means a duty, requirement or\nobligation under a prescribed Act that is prescribed by regulation for\nrelevant commencement means:\n(a) except as provided under paragraph (b) – the commencement\nof section 8 of the Environment Protection Legislation\nAmendment (Chain of Responsibility) Act 2022; or\n(b) in relation to the issue of, or a decision relating to the issue of,\na prescribed direction to a related person of a high risk entity –\nthe commencement of the regulation prescribing the\nprescribed direction.\nrelevant decision-maker means:\n(a) in relation to an environment protection notice or\nenvironmental approval – the CEO; or\n(b) in relation to a prescribed direction, prescribed approval or\nprescribed environmental duty under a prescribed Act – the\nChief Executive Officer, office holder or statutory authority\nresponsible for enforcing the prescribed direction, prescribed\napproval or prescribed environmental duty under the\nprescribed Act.\n","sortOrder":256},{"sectionNumber":"192M","sectionType":"section","heading":"Meaning of related person of high risk entity","content":"192M Meaning of related person of high risk entity\n(1) A person is a related person of a high risk entity if:\n(a) the relevant decision-maker decides in accordance with\nsection 192N that the person has a relevant connection to the\nhigh risk entity; or\n\nEnvironment Protection Act 2019 179\n(b) the person is a holding entity of the high risk entity; or\n(c) the person:\n(i) is an associated entity of the high risk entity; and\n(ii) is the owner or occupier of land on which the high risk\nentity carries out or has, in the preceding 3 years,\ncarried out, a petroleum activity.\n(2) A person is not a related person of a high risk entity if:\n(a) the person is acting in the capacity of liquidator, receiver,\nreceiver and manager or administrator of the high risk entity in\naccordance with:\n(i) the Corporations Act 2001 (Cth); or\n(ii) the CATSI Act; or\n(b) the person is acting as a special administrator of the high risk\nentity under Part 11-2 of the CATSI Act; or\n(c) the person is acting in the capacity of small business\nrestructuring practitioner for the high risk entity in accordance\nwith the Corporations Act 2001 (Cth); or\n(d) the person is acting as a trustee in bankruptcy for the high risk\nentity under the Bankruptcy Act 1966 (Cth).\n(3) The period of 3 years mentioned in subsection (1)(c):\n(a) refers to a period ending immediately before the decision\nwhether to issue a compliance notice to the person in\naccordance with this Division is made; and\nowner, of land, does not include:\n(a) for land for which there is a native title holder under the Native\nTitle Act 1993 (Cth) – the native title holder; or\n(b) for Aboriginal land – a traditional Aboriginal owner (as defined\nin section 3(1) of the Aboriginal Land Rights (Northern\nTerritory) Act 1976 (Cth)) of the land.\n\nEnvironment Protection Act 2019 180\n","sortOrder":257},{"sectionNumber":"192N","sectionType":"section","heading":"Relevant connection to high risk entity","content":"192N Relevant connection to high risk entity\n(1) This section applies to the making of a decision by the relevant\ndecision-maker as to whether a person has a relevant connection to\na high risk entity.\n(2) In making the decision, the relevant decision-maker must consider\nthe extent to which the person is, or was at any time within the\npreceding 3 years, in a position to influence the high risk entity's\nconduct in relation to:\n(a) the way in which the high risk entity complies with a\ncompliance notice; or\n(b) the extent to which the high risk entity complies with a\ncompliance notice.\n(3) In making the decision, the relevant decision-maker must also\nconsider the extent of any financial interest held by the person in\nthe high risk entity, including any financial interest held at any time\nwithin the preceding 3 years.\n(4) In making the decision, the relevant decision-maker must also\nconsider the following, to the extent the relevant decision-maker\nconsiders relevant:\n(a) the extent of the person's control of the high risk entity;\n(b) whether the person is, or was at any time within the preceding\n3 years, an executive officer of:\n(i) the high risk entity; or\n(ii) a holding entity or other body corporate with a financial\ninterest in the high risk entity;\n(c) any agreements or other transactions the person has, or had\nat any time within the preceding 3 years, with the high risk\nentity or with a holding entity or other body corporate\nmentioned in paragraph (b)(ii) other than an agreement for\naccess to land under an enactment prescribed by regulation;\n(d) the extent of the dealings the person has, or had at any time\nwithin the preceding 3 years, with the high risk entity or with a\nholding entity or other body corporate mentioned in\nparagraph (b)(ii);\n\nEnvironment Protection Act 2019 181\n(e) the extent of the person's cooperation and compliance with an\ninformation requirement relevant to the relevant decision-\nmaker making the decision.\n(5) A reference in subsection (2) to a person being in a position to\ninfluence a high risk entity's conduct includes a person being in that\nposition whether:\n(a) by acting alone or jointly with an associated entity of the high\nrisk entity; or\n(b) by giving a direction or approval, by making funding available\nor in another way.\n(6) The matters the relevant decision-maker may consider for\nsubsection (4)(d) include the following:\n(a) how arm's length the dealings were;\n(b) whether any transactions were made at market value or not;\n(c) whether the dealings were on an independent, commercial\nfooting;\n(d) whether the dealings were for providing professional advice;\n(e) whether the dealings were for providing finance, including any\nmortgage, charge or other security in relation to the provision\nof finance.\n(7) Subsections (2) to (6) do not limit the matters the relevant decision-\nmaker may consider in deciding whether a person has a relevant\nconnection to a high risk entity.\n(8) The period of 3 years mentioned in this section:\n(a) refers to a period ending immediately before the decision to\nwhich this section applies is made; and\n(9) In this section:\ncontrol:\n(a) in relation to a high risk entity (other than an Aboriginal and\nTorres Strait Islander corporation) – see section 50AA of the\n\nEnvironment Protection Act 2019 182\n(b) in relation to a high risk entity that is an Aboriginal and Torres\nStrait Islander corporation – see section 689-25 of the CATSI\nAct.\nfinancial interest, in a high risk entity, means a direct or indirect\nlegal or equitable interest in:\n(a) shares in the high risk entity; or\n(b) a mortgage, charge or other security given by the high risk\nentity; or\n(c) income or revenue of the high risk entity.\ninformation requirement means:\n(a) a requirement under section 163, 172 or 175 or under another\nprovision of this Act under which information may be required\nto be provided; or\n(b) a provision of a prescribed Act under which information may\nbe required to be provided.\nSubdivision 2 Redirection to related persons by issue of\ncompliance notices\n","sortOrder":258},{"sectionNumber":"192P","sectionType":"section","heading":"Purpose of Subdivision","content":"192P Purpose of Subdivision\nThis Subdivision sets out the circumstances in which a compliance\nnotice in relation to a petroleum activity may be issued to a related\nperson of a high risk entity.\n","sortOrder":259},{"sectionNumber":"192Q","sectionType":"section","heading":"Matters to be considered in deciding to issue compliance","content":"192Q Matters to be considered in deciding to issue compliance\nnotice to related person\n(1) This section sets out matters for the relevant decision-maker to\nconsider in deciding whether to issue a compliance notice in\nrelation to a petroleum activity to a related person of a high risk\nentity.\n(2) The relevant decision-maker must consider the following:\n(a) if the compliance notice is issued under section 176(2) – the\nobjects of this Act;\n(b) if the compliance notice is issued under a prescribed Act – the\nobjects (if any) of the prescribed Act;\n\nEnvironment Protection Act 2019 183\n(c) whether the related person took all reasonable and practical\nsteps to influence the high risk entity's compliance with a\ncompliance notice relating to the petroleum activity;\n(d) whether the related person took all reasonable and practical\nsteps to influence the high risk entity's financial management\nof and provision in funding for:\n(i) the requirements for compliance with a prescribed\napproval, prescribed environmental duty or compliance\nnotice relating to the petroleum activity; and\n(ii) the remediation and rehabilitation of the environment to\naddress the environmental impacts of the petroleum\nactivity over the lifetime of the activity.\n(3) The relevant decision-maker may also consider any financial\nassurance held under this Act or a prescribed Act in relation to the\npetroleum activity.\n(4) Subsections (2) and (3) do not limit the matters the relevant\ndecision-maker may consider in deciding whether to issue a\ncompliance notice to a related person of a high risk entity.\n(5) The relevant decision-maker must not issue a compliance notice to\na related person of a high risk entity if a reasonable person would\nconsider the issue of the notice to the related person to be\noppressive, unjust or unreasonable in the circumstances.\nfinancial assurance includes a bond (including an environment\nprotection bond) and a security.\n","sortOrder":260},{"sectionNumber":"192R","sectionType":"section","heading":"Issue of compliance notice to related person of high risk entity","content":"192R Issue of compliance notice to related person of high risk entity\nissued with notice\nrelated person of a high risk entity if the high risk entity:\n(a) was issued with a compliance notice in the preceding 3 years\nin relation to non-compliance with a prescribed approval,\nprescribed environmental duty or compliance notice in relation\nto a petroleum activity; and\n(b) failed to comply with that compliance notice.\n\nEnvironment Protection Act 2019 184\n(2) The period of 3 years mentioned in subsection (1)(a):\ncompliance notice to the related person; and\n(b) may include a period before the relevant commencement if\nthe relevant decision-maker was not aware of the\nnon-compliance with the prescribed approval, prescribed\nenvironmental duty or compliance notice by the high risk entity\nuntil on or after the relevant commencement.\n","sortOrder":261},{"sectionNumber":"192S","sectionType":"section","heading":"Issue of compliance notice to related person of high risk entity","content":"192S Issue of compliance notice to related person of high risk entity\nnot issued with notice\nrelated person of a high risk entity in relation to non-compliance\nwith a prescribed approval, or prescribed environmental duty in\nrelation to a petroleum activity if:\n(a) the high risk entity failed to comply with the prescribed\napproval or prescribed environmental duty in the preceding\n3 years; and\n(b) the relevant decision-maker is satisfied the high risk entity has\na history of poor compliance or non-compliance with the\nprescribed approval or prescribed environmental duty,\nwhether or not enforcement action has been taken against the\nhigh risk entity; and\n(c) the relevant decision-maker reasonably considers:\n(i) the site in relation to which the prescribed approval or\nprescribed environmental duty applies or applied is not\nbeing managed appropriately and there is a risk of\nmaterial environmental harm or significant environmental\nharm; and\n(ii) the high risk entity has not taken, or is not taking, all\nreasonable steps to comply with the prescribed approval\nor prescribed environmental duty; and\n(d) the relevant decision-maker reasonably considers:\n(i) for a high risk entity that is a body corporate – the high\nrisk entity is in financial difficulty and is likely to become\na Chapter 5 body corporate or an administered\nAboriginal and Torres Strait Islander corporation; or\n(ii) for a high risk entity that is an individual – the high risk\nentity is in financial difficulty and is likely to become\n\nEnvironment Protection Act 2019 185\nbankrupt or apply to take the benefit of a law for the\nrelief of bankrupt or insolvent debtors or to compound\nwith creditors or make an assignment of remuneration\nfor their benefit; or\n(iii) there is a real possibility the Territory will bear the costs\nof the remediation and rehabilitation of the environment\nto address the environmental impacts of the petroleum\n(2) For subsection (1) it is immaterial whether a compliance notice was\nissued in the preceding 3 years to the high risk entity in relation to\nnon-compliance with the prescribed approval or prescribed\nenvironmental duty.\n(3) The period of 3 years mentioned in subsection (1)(a) or (2):\ncompliance notice to the related person of the high risk entity;\nand\n(b) may include a period before the relevant commencement if\nthe relevant decision-maker was not aware of the\nnon-compliance with the prescribed approval or prescribed\nenvironmental duty by the high risk entity until on or after the\nrelevant commencement.\n(4) Nothing in this section prevents the relevant decision-maker from\nissuing a compliance notice to a high risk entity after issuing a\ncompliance notice to a related person of the high risk entity.\n","sortOrder":262},{"sectionNumber":"192T","sectionType":"section","heading":"Issue of compliance notice after compliance notice issued to","content":"192T Issue of compliance notice after compliance notice issued to\nrelated person of high risk entity\nrelated person of a high risk entity in relation to compliance with a\nprescribed approval, prescribed environmental duty or compliance\nnotice if a compliance notice was issued in accordance with\nsection 192R or 192S in the preceding 3 years to another related\nperson of the high risk entity in relation to compliance with the same\nprescribed approval, prescribed environmental duty or compliance\nnotice.\n(2) The period of 3 years mentioned in subsection (1) refers to a period\nending immediately before the issue of the compliance notice to the\nrelated person in accordance with subsection (1).\n\nEnvironment Protection Act 2019 186\n","sortOrder":263},{"sectionNumber":"192U","sectionType":"section","heading":"Issue of compliance notice to previous owner or occupier of","content":"192U Issue of compliance notice to previous owner or occupier of\nland\n(1) A relevant decision-maker may issue a compliance notice in\naccordance with section 192R, 192S or 192T to a person who is a\nprevious owner or occupier (the original landholder) of land on\nwhich a petroleum activity is being or was carried out by a high risk\nentity if:\n(a) the ownership or occupancy of the land was transferred from\nthe original landholder to another person within the\npreceding 3 years; and\n(b) the original landholder was the owner or occupier of the land\nat the time the environmental impact to which the compliance\nnotice relates occurred; and\n(c) the original landholder was at any time within the preceding\n3 years a related person of the high risk entity.\n(2) If a compliance notice is issued to the original landholder in\naccordance with subsection (1), this Division applies as if the\noriginal landholder were a related person of the high risk entity.\n(3) If the original landholder is a body corporate, a compliance notice\nmay be issued to the original landholder in accordance with\nsubsection (1) even if the body corporate was wound up within the\npreceding 3 years or is in the process of being wound up.\n(4) The period of 3 years mentioned in subsection (1) or (3):\ncompliance notice to the original landholder; and\n(5) A reference in subsection (3) to the winding up of a body corporate\nincludes the winding up of:\n(a) a Chapter 5 body corporate under Chapter 5 of the\n(b) an Aboriginal and Torres Strait Islander corporation under\nChapter 5 of the Corporations Act 2001 (Cth) (as applied by\nPart 11-5 of the CATSI Act).\n\nEnvironment Protection Act 2019 187\n","sortOrder":264},{"sectionNumber":"192V","sectionType":"section","heading":"Provisions applying to issue of compliance notice","content":"192V Provisions applying to issue of compliance notice\n(1) The power in a prescribed Act to issue a prescribed direction\nincludes a power to issue a prescribed direction in accordance with\nthis Division and the provisions of that Act apply to a prescribed\ndirection issued in accordance with this Division, including:\n(a) provisions relating to the issue of, compliance with and\nenforcement of compliance with the prescribed direction; and\n(b) provisions relating to any appeal or review relating to the issue\nof the prescribed direction.\n(2) A compliance notice issued in accordance with this Division to a\nrelated person of a high risk entity may impose:\n(a) any requirement that can be imposed by a compliance notice\non the high risk entity; and\n(b) conditions that vary from the conditions imposed on any\ncompliance notice issued to the high risk entity.\n","sortOrder":265},{"sectionNumber":"192W","sectionType":"section","heading":"Joint and several liability for compliance","content":"192W Joint and several liability for compliance\nIf a compliance notice is issued in accordance with this Division to\n2 or more related persons, the related persons are jointly and\nseverally liable for compliance with the notice, including for the\ncosts of compliance.\n","sortOrder":266},{"sectionNumber":"192X","sectionType":"section","heading":"Enforcement of compliance by high risk entity not affected","content":"192X Enforcement of compliance by high risk entity not affected\nNothing in this Subdivision affects any liability of a high risk entity\nunder this Act or a prescribed Act for any failure to comply with:\n(a) a compliance notice; or\n(b) a prescribed approval or prescribed environmental duty.\n\nSubdivision 3 Corporations legislation displacement and excluded matter\nEnvironment Protection Act 2019 188\nSubdivision 3 Corporations legislation displacement and\nexcluded matter\n192Y Declarations under section 5F of the Corporations Act 2001\n(Cth)\n(1) The regulations may declare any matter relating to compliance\nnotices issued in the circumstances set out in this Division,\nincluding any act or omission required by such a compliance notice,\nto be an excluded matter for section 5F of the Corporations\nAct 2001 (Cth) in relation to:\n(a) the whole of the Corporations legislation; or\n(b) a specified provision of the Corporations legislation; or\n(c) the Corporations legislation other than a specified provision;\nor\n(d) the Corporations legislation other than to a specified extent.\nmatter includes act, omission, body, person or thing.\nNote for section 192Y\nSection 5F of the Corporations Act 2001 (Cth) provides that if a Territory law\ndeclares a matter to be an excluded matter for the purposes of that section in\nrelation to all or part of the Corporations legislation of the Commonwealth the\nprovisions that are the subject of the declaration will not apply in relation to that\nmatter in the Territory.\n","sortOrder":267},{"sectionNumber":"192Z","sectionType":"section","heading":"Declarations under section 5G of the Corporations Act 2001","content":"192Z Declarations under section 5G of the Corporations Act 2001\n(Cth)\n(1) The regulations may declare any provision of this Act or a\nprescribed Act relating to compliance notices to be a Corporations\nlegislation displacement provision for section 5G of the\nCorporations Act 2001 (Cth), (either generally or specifically in\nrelation to a provision of the Corporations legislation).\nNote for subsection (1)\nSection 5G of the Corporations Act 2001 (Cth) provides that if a Territory law\ndeclares a provision of a Territory law to be a Corporations legislation\ndisplacement provision for the purposes of that section, any provision of the\nCorporations legislation with which the Territory provision would otherwise be\ninconsistent does not operate to the extent necessary to avoid the inconsistency.\n\nEnvironment Protection Act 2019 189\n(2) To avoid doubt, a compliance notice issued in the circumstances\nset out in this Division is intended to provide for how a high risk\nentity, a related person of a high risk entity or an original landowner\nis to be wound up or otherwise externally administered if:\n(a) the high risk entity, related person of a high risk entity or\noriginal landowner is or becomes a Chapter 5 body corporate;\nand\n(b) the compliance notice authorises or requires any act or\nomission by the high risk entity, related person of a high risk\nentity or original landowner that affects its property, debts or\nclaims within the meaning of the Corporations Act 2001 (Cth).\n","sortOrder":268},{"sectionNumber":"193","sectionType":"section","heading":"Purpose of stop work notice","content":"193 Purpose of stop work notice\nThe purpose of a stop work notice is:\n(a) to prevent or minimise the environmental impact of an action;\nor\n(b) to minimise any financial benefit to a proponent of proceeding\nwith an action without an environmental approval.\n","sortOrder":269},{"sectionNumber":"194","sectionType":"section","heading":"NT EPA may issue stop work notice","content":"194 NT EPA may issue stop work notice\n(1) The NT EPA may issue a stop work notice to a proponent or\napproval holder who has referred an action, strategic proposal or\nsignificant variation or is required to refer an action, strategic\nproposal or significant variation, to the NT EPA under Part 4,\nDivision 3.\n(1A) The NT EPA may issue a stop work notice to a person other than a\nproponent or approval holder if the NT EPA believes on reasonable\ngrounds that the person is taking an action that relates to an action,\nstrategic proposal or significant variation that has been referred, or\nis required to be referred, to the NT EPA under Part 4, Division 3.\n(2) The stop work notice may direct the person to whom it is issued to\nstop taking an action that relates to the action, strategic proposal or\nsignificant variation while:\n(a) a decision is being made as to whether the action, strategic\nproposal or significant variation requires an environmental\nimpact assessment; and\n\nEnvironment Protection Act 2019 190\n(b) if the NT EPA considers it necessary – the environmental\nimpact assessment process and environmental approval\nprocess relating to the action, strategic proposal or significant\nvariation is completed.\n(3) A stop work notice may be issued at any stage in the environmental\nimpact assessment process and environmental approval process\nfor an action, strategic proposal or significant variation if the action\nto be stopped by the notice has commenced.\n(4) A stop work notice may be issued if the NT EPA has issued a call-in\nnotice to the proponent or approval holder under Part 4, Division 3,\n","sortOrder":270},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"if the action called-in has commenced.","content":"Subdivision 3 if the action called-in has commenced.\n","sortOrder":271},{"sectionNumber":"195","sectionType":"section","heading":"Requirements of stop work notice","content":"195 Requirements of stop work notice\nA stop work notice may impose any conditions the NT EPA\nconsiders necessary:\n(a) to prevent or minimise the environmental impact of the action;\nor\n(b) to provide for the remediation of environmental harm or the\nrehabilitation of the site of the action; or\n(c) to minimise any financial benefit to a proponent of proceeding\nwith an action without an environmental approval.\n","sortOrder":272},{"sectionNumber":"196","sectionType":"section","heading":"Stop work notice where proponent contravenes call-in notice","content":"196 Stop work notice where proponent contravenes call-in notice\n(1) This section applies to a stop work notice that is issued as a\nconsequence of a proponent or approval holder contravening a\ncall-in notice in relation to an action.\n(2) The stop work notice remains in force until:\n(a) the last of the following occurs:\n(i) the proponent or approval holder provides any\ninformation required under the regulations in relation to\nthe call-in notice;\n(ii) the NT EPA has made a determination as to whether or\nnot an environmental impact assessment is required;\n(iii) if an environmental impact assessment is required – the\ncompletion of the environmental impact assessment and\nenvironmental approval process; or\n(b) the NT EPA revokes the stop work notice.\n\nEnvironment Protection Act 2019 191\n","sortOrder":273},{"sectionNumber":"197","sectionType":"section","heading":"Stop work notice may be issued even if other statutory","content":"197 Stop work notice may be issued even if other statutory\nauthorisation issued\nThe NT EPA may issue a stop work notice in relation to an action\neven if a relevant statutory decision-maker has issued a statutory\nauthorisation for the action.\n","sortOrder":274},{"sectionNumber":"198","sectionType":"section","heading":"Contravention of stop work notice – environmental offences","content":"198 Contravention of stop work notice – environmental offences\n(c) the contravention results in significant environmental harm\n(c) the contravention results in material environmental harm and\nthe person is reckless in relation to that result.\n(b) the person contravenes the notice; and\n(c) the contravention results in significant environmental harm.\n\nEnvironment Protection Act 2019 192\n(5) Strict liability applies to subsections (1)(a) and (2)(a).\n","sortOrder":275},{"sectionNumber":"199","sectionType":"section","heading":"Monitoring and management notice – environmental approval","content":"199 Monitoring and management notice – environmental approval\n(1) This section applies to a site to which an environmental approval\napplies or has applied.\n(2) The CEO may issue a monitoring and management notice in\nrelation to the site if the CEO considers, on reasonable grounds,\nthat ongoing investigation, monitoring, management or reporting of\nthe site is or will be required following the expiry or revocation of the\nenvironmental approval as a result of anything done or that\noccurred at the site before the expiry or revocation.\n(3) This section does not apply to a site or a part of a site if a closure\ncertificate has been issued in relation to that site or that part of the\n(4) If the environmental approval is in force, the monitoring and\nmanagement notice must be issued to the approval holder.\n(5) If the environmental approval is no longer in force, the monitoring\nand management notice must be issued to:\n(a) the person who was the approval holder immediately before\nthe environmental approval expired or was revoked; or\n(b) the owner or occupier of the site.\n","sortOrder":276},{"sectionNumber":"199A","sectionType":"section","heading":"Monitoring and management notice – protected environmental","content":"199A Monitoring and management notice – protected environmental\narea or prohibited action\n(1) The CEO may issue a monitoring and management notice in\nrelation to a site if:\n(a) a prohibited action is being, or has been, carried out at the\nsite; and\n\nEnvironment Protection Act 2019 193\n(b) the CEO considers, on reasonable grounds, that ongoing\ninvestigation, monitoring, management or reporting of the site\nis or will be required as a result of the prohibited action.\n(2) The CEO may issue a monitoring and management notice in\nrelation to a site that is in a protected environmental area if:\n(a) an action is being, or has been, carried out at the site; and\n(b) the action is not authorised under the declaration of the\nprotected environmental area; and\n(c) the CEO considers, on reasonable grounds, that ongoing\ninvestigation, monitoring, management or reporting of the site\nis or will be required as a result of that action.\n(3) A monitoring and management notice under this section must be\nissued to:\n(a) the person who is carrying out or has carried out the action; or\n(b) the owner or occupier of the site.\n199AB Monitoring and management notice – environmental (mining)\nlicence\n(1) This section applies to a mining site to which an environmental\n(mining) licence applies or has applied.\n(2) This section does not apply to a legacy mine site or in relation to a\nlegacy mine feature at a mining site except in relation to an\nobligation under section 124H.\n(3) This section does not apply to a mining site if a mining closure\ncertificate has been issued in relation to that site.\n(4) The CEO may issue a monitoring and management notice in\nrelation to a mining site if the CEO considers, on reasonable\ngrounds, that ongoing investigation, monitoring, management and\nreporting of the mining site is or will be required following the expiry,\nrevocation or cancellation of the environmental (mining) licence as\na result of anything done or that has occurred at the site in relation\nto a mining activity before the expiry, revocation or cancellation.\n(5) If the environmental (mining) licence is in force, the monitoring and\nmanagement notice must be issued to the mining operator.\n\nEnvironment Protection Act 2019 194\n(6) If the environmental (mining) licence is no longer in force, the\nmonitoring and management notice must be issued to:\n(a) the person who was the mining operator immediately before\nthe environmental (mining) licence expired or was revoked or\ncancelled; or\n(b) the title holder or occupier of the mining site.\noccupier, of a mining site, does not include:\n(a) for land for which there is a native title holder under the Native\nTitle Act 1993 (Cth) – any registered native title party in\nrelation to the land; or\n(b) for Aboriginal land as defined in the Aboriginal Land Rights\n(Northern Territory) Act 1976 (Cth) – a person who has an\nobligation in relation to the land only because of a connection\nto the land; or\n(c) a person who occupies the site for a purpose that does not\nrelate to a mining activity or former mining activity.\n","sortOrder":277},{"sectionNumber":"199B","sectionType":"section","heading":"Monitoring and management notice – form and giving of notice","content":"199B Monitoring and management notice – form and giving of notice\n(1) A monitoring and management notice must:\n(a) be in writing; and\n(b) be given to each person to whom it is issued.\n(2) A copy of the monitoring and management notice must be given to\neach title holder, owner and occupier of the site to which the notice\napplies unless the notice is issued to that person under\nsection 199(5), 199A(3) or 199AB(5).\n","sortOrder":278},{"sectionNumber":"200","sectionType":"section","heading":"Contents of monitoring and management notice","content":"200 Contents of monitoring and management notice\n(1) A monitoring and management notice may require any person\nbound by the notice to do any one or more of the following in\nrelation to the site to which the notice applies:\n(a) take specified investigation and monitoring action;\n(b) prepare a management plan;\n(c) take specified management action;\n\nEnvironment Protection Act 2019 195\n(d) report on specified matters in a specified form at specified\ntimes;\n(e) arrange for:\n(i) an environmental audit of the site to be carried out by a\nqualified person; and\n(ii) a report to be given to the CEO on the findings of the\naudit;\n(f) appoint or engage a person in a specified class of qualified\nperson to undertake an activity mentioned in paragraphs (a)\nto (d).\n(2) A monitoring and management notice must specify the following:\n(a) the name and address of the person to whom it is issued;\n(b) the reason for which it is issued;\n(c) a description of the site and the location of the site sufficient to\nidentify both;\n(d) the things mentioned in subsection (1) that are required to be\ndone;\n(e) if applicable – the time within which the things are to be done.\n","sortOrder":279},{"sectionNumber":"201","sectionType":"section","heading":"Effect of monitoring and management notice","content":"201 Effect of monitoring and management notice\nA monitoring and management notice binds each person to whom it\nis issued.\n","sortOrder":280},{"sectionNumber":"202","sectionType":"section","heading":"Copy of monitoring and management notice may be lodged","content":"202 Copy of monitoring and management notice may be lodged\nwith Registrar-General\n(1) The CEO may lodge with the Registrar-General a copy of any\nmonitoring and management notice issued in relation to land.\n(2) The CEO must lodge with the copy of the monitoring and\nmanagement notice any additional information required to identify\nthe land to which the notice relates.\n(3) The Registrar-General must record a monitoring and management\nnotice, a copy of which is lodged under subsection (1), in the land\n\nEnvironment Protection Act 2019 196\n","sortOrder":281},{"sectionNumber":"203","sectionType":"section","heading":"Recorded notice applies to owners and occupiers of land","content":"203 Recorded notice applies to owners and occupiers of land\n(2) If the monitoring and management notice was issued to the owner\nor occupier of the land to which it applies, the notice is binding on\neach owner or occupier for the time being of the land.\n","sortOrder":282},{"sectionNumber":"204","sectionType":"section","heading":"Notice to owners and occupiers of land","content":"204 Notice to owners and occupiers of land\n(2) The CEO must, as soon as practicable after the monitoring and\nmanagement notice is recorded, take all reasonable steps to give\nwritten notice to each owner and occupier of the land who is bound\nby the monitoring and management notice of:\n(a) the recording of the monitoring and management notice; and\n(b) the obligations of the owner or occupier under sections 205\nand 206.\n(3) The written notice given under subsection (2) must state that the\nowner or occupier may apply to NTCAT for review of the decision to\nlodge a copy of the monitoring and management notice with the\nRegistrar-General under section 202.\n(4) If all reasonable steps have been taken under subsection (2) to\nnotify an occupier of land, the written notice may be given by\naddressing it to \"the occupier\" and posting it to, or leaving it on, the\nland.\n(5) A written notice is not required to be given under this section to an\nowner or occupier of land to whom the monitoring and management\nnotice was issued under section 199, 199A or 199AB.\n","sortOrder":283},{"sectionNumber":"205","sectionType":"section","heading":"Notice by owner or occupier to CEO","content":"205 Notice by owner or occupier to CEO\n(2) A person who is or was bound by the monitoring and management\nnotice as the owner or occupier of the land must give written notice\nto the CEO as soon as practicable after the person ceases to own\nor occupy the land.\n(3) The written notice must state the name and address of the new\nowner or occupier of the land.\n\nEnvironment Protection Act 2019 197\n","sortOrder":284},{"sectionNumber":"206","sectionType":"section","heading":"Offence to contravene notice requirement","content":"206 Offence to contravene notice requirement\n(a) the person is required to give a notice to the CEO under\nsection 205; and\n","sortOrder":285},{"sectionNumber":"207","sectionType":"section","heading":"Cancellation of recording of monitoring and management","content":"207 Cancellation of recording of monitoring and management\nnotice\n(1) The CEO may apply to the Registrar-General to cancel the\nrecording of a monitoring and management notice in relation to land\nin the land register.\n(2) The CEO must apply to the Registrar-General to cancel the\nrecording of a monitoring and management notice in relation to land\nin the land register:\n(a) on revocation of the notice; or\n(b) on full compliance with the requirements of the notice; or\n(c) at the direction of NTCAT on an application for review of the\ndecision to lodge a copy of the notice with the Registrar-\nGeneral.\n(3) The CEO must lodge with the application any additional information\nrequired to identify the land to which the application relates.\n(4) On receipt of an application under subsection (1) or (2), the\nRegistrar-General must cancel the recording of the monitoring and\nmanagement notice in the land register.\n\nEnvironment Protection Act 2019 198\n","sortOrder":286},{"sectionNumber":"208","sectionType":"section","heading":"Contravention of monitoring and management notice –","content":"208 Contravention of monitoring and management notice –\nenvironmental offence\n(a) the person is bound by a monitoring and management notice;\nand\n","sortOrder":287},{"sectionNumber":"209","sectionType":"section","heading":"Obstruct compliance with monitoring and management","content":"209 Obstruct compliance with monitoring and management\nnotice – environmental offence\n(b) the conduct obstructs compliance by another person with a\nmonitoring and management notice and the person is reckless\nin relation to that result.\n(2) It is a defence to a prosecution for an offence against\n(3) The defendant has a legal burden of proof in relation to a matter\nmentioned in subsection (2).\n","sortOrder":288},{"sectionNumber":"210","sectionType":"section","heading":"Monitoring and management notice not complied with","content":"210 Monitoring and management notice not complied with\nIf an action required by a monitoring and management notice has\nnot been taken, the CEO may:\n(a) cause that action to be taken; and\n(b) recover the cost of taking that action from any person bound\nby the notice in any court of competent jurisdiction as a debt\ndue to the Territory.\n\nSubdivision 1 Closure certificates – environmental approvals\nEnvironment Protection Act 2019 199\nSubdivision 1 Closure certificates – environmental approvals\n210A Application of Subdivision\nThis Subdivision applies to an approval holder in relation to an\n211 Criteria for action closure certificate\n(1) The Minister may, by Gazette notice, determine criteria to be met\nby an approval holder before an action closure certificate can be\nissued in relation to an action.\n(2) The Minister may determine different criteria for different classes of\n(3) This section does not prevent the Minister from imposing different\nor additional criteria in relation to a particular action closure\ncertificate.\n","sortOrder":289},{"sectionNumber":"212","sectionType":"section","heading":"Application for action closure certificate","content":"212 Application for action closure certificate\n(1) An approval holder of an environmental approval for an action may\napply to the Minister for an action closure certificate for the action if\nthe approval holder:\n(a) has completed the rehabilitation and remediation\nrequirements of the environmental approval; and\n(b) has completed the closure requirements of the environmental\n(c) intends to:\n(i) sell the land; or\n(ii) transfer the land to another person; or\n(iii) return the land to the owner of the land; or\n(iv) transfer the land to the Territory or a local government of\nthe Territory.\n(2) An application must:\n(a) be in the form approved by the Minister; and\n(b) contain the information prescribed by regulation.\n\nEnvironment Protection Act 2019 200\n(3) The Minister may require an applicant to provide any further\ninformation required by the Minister to determine the application.\n(4) An application may be made for the issue of an action closure\ncertificate in relation to an action even if a determination has not\nbeen made under section 211 in relation to that class of action.\n","sortOrder":290},{"sectionNumber":"213","sectionType":"section","heading":"Issue of action closure certificate","content":"213 Issue of action closure certificate\nThe Minister may issue the action closure certificate to the approval\nholder if the Minister is satisfied that:\n(a) all rehabilitation and remediation requirements in relation to\nthe action have been completed in accordance with this Act\nand the environmental approval; and\n(b) the approval holder has completed the closure requirements\nof the environmental approval; and\n(c) the approval holder has complied with any requirements of\nsection 212.\n","sortOrder":291},{"sectionNumber":"214","sectionType":"section","heading":"Effect of action closure certificate","content":"214 Effect of action closure certificate\nIf an action closure certificate is issued:\n(a) the approval holder ceases to be liable for any future\nenvironmental impact associated with the former use of the\nland; and\n(b) the liability for the future environmental impact associated with\nthe former use of the land becomes a liability of the Territory.\n","sortOrder":292},{"sectionNumber":"214A","sectionType":"section","heading":"Application of Subdivision","content":"214A Application of Subdivision\n(1) This Subdivision applies to a mining operator who holds or has held\nan environmental (mining) licence for a mining site.\n(2) This Subdivision does not apply in relation to a legacy mine site or\nin relation to a legacy mine feature at a mining site.\n","sortOrder":293},{"sectionNumber":"214B","sectionType":"section","heading":"Criteria for mining closure certificate","content":"214B Criteria for mining closure certificate\n(1) The Minister may, by Gazette notice, determine criteria to be met\nby a mining operator before a mining closure certificate can be\nissued in relation to a mining site.\n\nEnvironment Protection Act 2019 201\n(2) The Minister may determine different criteria for different classes of\nmining sites.\n(3) This section does not prevent the Minister from imposing different\nor additional criteria in relation to a particular mining closure\ncertificate.\n","sortOrder":294},{"sectionNumber":"214C","sectionType":"section","heading":"Application for mining closure certificate","content":"214C Application for mining closure certificate\n(1) A mining operator may apply to the Minister for a mining closure\ncertificate for all or part of a mining site if the mining operator has\ncompleted the requirements set out in section 214D(1)(a).\n(2) An application must:\n(b) be accompanied by the information required by the Minister.\n(3) The Minister may require specified information to be included in the\napplication to be prepared or reviewed by a qualified person in\n(4) The Minister may require the mining operator to provide any further\ninformation required by the Minister to determine the application.\n(5) An application may be made for the issue of a mining closure\ncertificate in relation to a mining site even if a determination has not\nbeen made under section 214B in relation to that class of mining\n","sortOrder":295},{"sectionNumber":"214D","sectionType":"section","heading":"Issue of mining closure certificate","content":"214D Issue of mining closure certificate\n(1) The Minister may issue the mining closure certificate to the mining\noperator if the Minister is satisfied that:\n(a) the following have been completed in accordance with this Act\nand the environmental (mining) licence:\n(i) in the case of an environmental (mining) licence for an\nexploration activity – the rehabilitation requirements of\nthe environmental (mining) licence for any area of the\nmining site that is not required for an extractive\noperation or a mining operation;\n(ii) in the case of an environmental (mining) licence for an\nextractive operation or a mining operation – the\nremediation and rehabilitation requirements of the\nenvironmental (mining) licence for that mining site or\npart of a mining site;\n\nEnvironment Protection Act 2019 202\n(iii) the post-closure monitoring, management and reporting\nrequirements of the environmental (mining) licence\nrelating to the mining site or the part of the mining site;\n(iv) the closure requirements of the environmental (mining)\nlicence relating to the mining site or the part of the\nmining site; and\n(b) the mining operator has complied with any requirements of\nsection 214C.\n(2) The Minister must not issue a mining closure certificate for a mining\nsite or part of a mining site if:\n(a) a monitoring and management notice under section 199AB\napplies to the mining site; or\n(b) the mining site is subject to an environment protection notice,\na stop work notice or an enforceable undertaking; or\n(c) the mining site is the subject of proceedings under this Act\nagainst the mining operator.\n(3) The Minister must give a copy of the mining closure certificate to\nthe title holder for the mining site.\n","sortOrder":296},{"sectionNumber":"214E","sectionType":"section","heading":"Effect of mining closure certificate","content":"214E Effect of mining closure certificate\n(1) If a mining closure certificate is issued for a mining site or a part of\na mining site:\n(a) the mining operator ceases to be liable for any future\nenvironmental impact associated with the former use of the\nmining site or the part of the mining site; and\n(b) the liability for the future environmental impact associated with\nthe former use of the mining site or the part of the mining site\nbecomes a liability of the Territory; and\n(c) the environmental (mining) licence ceases to be in force in\nrelation to the mining site or the part of the mining site.\n(2) This section does not apply in relation to a mining closure certificate\nthat applies to the Ranger Project Area.\n\nEnvironment Protection Act 2019 203\n","sortOrder":297},{"sectionNumber":"214F","sectionType":"section","heading":"Definition specified person","content":"214F Definition specified person\n(a) a proponent of an action or strategic proposal;\n(b) an approval holder;\n(c) a mining operator;\n(d) a related person of a high risk entity.\n","sortOrder":298},{"sectionNumber":"215","sectionType":"section","heading":"CEO may accept enforceable undertaking","content":"215 CEO may accept enforceable undertaking\n(1) The CEO may accept an enforceable undertaking made by a\nproponent of an action, an approval holder or a mining operator:\n(a) to carry out specified remediation or rehabilitation work to\nrectify environmental harm resulting from an action taken by\nthe proponent, the approval holder or the mining operator that\nis allegedly in contravention of this Act or an environmental\napproval or an environmental (mining) licence; or\n(b) to do any other specified act or thing approved by the CEO.\n(1A) The CEO may accept an enforceable undertaking made by a\nrelated person of a high risk entity to do any specified act or thing\napproved by the CEO if an environment protection notice was\nissued to the related person in accordance with Part 9, Division 2A.\n(2) An enforceable undertaking must be in writing and signed by the\nCEO and the specified person.\n(3) An enforceable undertaking may require the specified person to\npublish notice of the alleged contravention or non-compliance and\nany act or thing done by the specified person.\n(4) Without limiting subsection (1), the CEO may accept an enforceable\nundertaking when any criminal or civil proceedings under this Act\nare completed (including any appeal).\n","sortOrder":299},{"sectionNumber":"216","sectionType":"section","heading":"Enforcement orders","content":"216 Enforcement orders\n(1) The CEO may apply to the court for an enforcement order if the\nCEO considers that a specified person has contravened an\nenforceable undertaking accepted by the CEO.\n\nEnvironment Protection Act 2019 204\n(2) The court may make any of the following enforcement orders if the\ncourt is satisfied that the specified person has contravened an\nenforceable undertaking:\n(a) an order directing the specified person to comply with the\n(b) an order directing the specified person to do any specified act\nor thing for the purpose of complying with the enforceable\n(c) an order directing the specified person to do any specified act\nor thing to minimise environmental harm resulting from the\ncontravention of the enforceable undertaking;\n(d) an order that the specified person pay an amount to the CEO\nfor any costs reasonably incurred by the CEO in taking action\nto minimise environmental harm resulting from the\ncontravention of the enforceable undertaking, including any\ninvestigation, legal or court costs;\n(e) an order that the specified person pay an amount in\ncompensation to any other person who has suffered loss or\ndamage as a result of the contravention of the enforceable\n(f) an order revoking the enforceable undertaking;\n(g) any other order the court considers appropriate in the\n","sortOrder":300},{"sectionNumber":"217","sectionType":"section","heading":"CEO may do specified acts or things","content":"217 CEO may do specified acts or things\n(1) The CEO may do any act or thing specified in an enforcement order\nif the specified person contravenes the order.\n(2) The CEO must not do the specified act or thing unless:\n(a) the CEO gives the specified person written notice that the\nCEO intends to do the specified act or thing; and\n(b) the CEO invites the specified person to provide either of the\nfollowing within the specified response period:\n(i) proof that satisfies the CEO that the specified person\nhas done the specified act or thing;\n(ii) reasons that satisfy the CEO that the specified person\nwill do the specified act or thing within the specified\naction period; and\n\nEnvironment Protection Act 2019 205\n(c) the specified person does not within the specified response\n(i) provide the required proof; or\n(ii) satisfy the CEO that the specified person will do the\nspecified act or thing within the specified action period.\n(3) In doing a specified act or thing, the CEO may:\n(a) do anything that is necessary or expedient to be done for that\npurpose; and\n(b) publish notice that the specified person has contravened the\nenforcement order.\n(4) The CEO may recover any costs reasonably incurred in doing a\nspecified act or thing under this section from the specified person in\na court of competent jurisdiction as a debt due to the Territory.\n(5) The CEO may, in writing, authorise another person to exercise a\npower or perform a function under subsections (1) to (4) on the\n(6) If a person is authorised to exercise a power or perform a function\nunder subsection (5), anything done by the person in the exercise\nspecified action period, in relation to a notice under\nsubsection (2), means the period (being not less than 10 business\ndays) specified as the action period in the notice.\nspecified response period, in relation to a notice under\nsubsection (2), means the period (being not less than 10 business\ndays) specified as the response period in the notice.\n","sortOrder":301},{"sectionNumber":"218","sectionType":"section","heading":"Withdrawal or variation of enforceable undertaking","content":"218 Withdrawal or variation of enforceable undertaking\n(1) A specified person may withdraw or vary an enforceable\nundertaking accepted by the CEO with the consent of the CEO.\n(2) An enforceable undertaking is revoked on the withdrawal of the\nundertaking.\n\nEnvironment Protection Act 2019 206\n","sortOrder":302},{"sectionNumber":"219","sectionType":"section","heading":"Withdrawal of acceptance by CEO of enforceable undertaking","content":"219 Withdrawal of acceptance by CEO of enforceable undertaking\n(1) The CEO may withdraw the CEO's acceptance of an enforceable\nundertaking if the CEO considers it is no longer in the interests of\nthe Territory to accept the undertaking.\n(2) The CEO must not withdraw the acceptance of an enforceable\nundertaking unless the CEO:\n(a) gives notice to the specified person of the intention to\nwithdraw the acceptance; and\n(b) gives the specified person the opportunity to make\nsubmissions to the CEO within the time (being not less than\n10 business days) specified in the notice; and\n(c) considers any submissions made by the specified person\nwithin the time specified in the notice.\n(3) An enforceable undertaking is revoked on the withdrawal of the\nCEO's acceptance.\n","sortOrder":303},{"sectionNumber":"220","sectionType":"section","heading":"No criminal proceedings while enforceable undertaking is in","content":"220 No criminal proceedings while enforceable undertaking is in\nforce\nIf the CEO accepts an enforceable undertaking in relation to an\nalleged contravention of this Act or an environmental approval or\nenvironmental (mining) licence, the CEO must not commence a\ncriminal proceeding for an offence that is constituted by the alleged\ncontravention while the enforceable undertaking is in force.\n","sortOrder":304},{"sectionNumber":"221","sectionType":"section","heading":"Proceedings following revocation of enforceable undertaking","content":"221 Proceedings following revocation of enforceable undertaking\nIf an enforceable undertaking in relation to an alleged contravention\nof this Act is revoked under this Division before the CEO is satisfied\nthat the enforceable undertaking has been complied with, the CEO\nmay commence a criminal proceeding for an offence that is\nconstituted by the alleged contravention.\n","sortOrder":305},{"sectionNumber":"222","sectionType":"section","heading":"No further proceedings if enforceable undertaking complied","content":"222 No further proceedings if enforceable undertaking complied\nwith\nIf the CEO is satisfied that an enforceable undertaking in relation to\nan alleged contravention of this Act has been complied with, the\nCEO must not commence a criminal proceeding for an offence that\nis constituted by the alleged contravention.\n\nEnvironment Protection Act 2019 207\n","sortOrder":306},{"sectionNumber":"223","sectionType":"section","heading":"Emergency authorisations","content":"223 Emergency authorisations\n(1) The CEO may, by written notice, issue an emergency authorisation\nto a person to authorise an act or omission that might otherwise\nconstitute a contravention of this Act or an environmental approval\nor environmental (mining) licence if the CEO is satisfied that:\n(a) urgent circumstances exist; and\n(b) the act or omission is justified:\n(i) by the need to protect the environment; or\n(ii) by the need to protect critical public infrastructure; or\n(iii) otherwise in the circumstances; and\n(c) unless the CEO waives this requirement – the person has\npaid the fee prescribed by regulation.\n(2) In determining whether urgent circumstances exist, the CEO may\ntake into account whether the circumstances arose because the\nperson contravened the duties and obligations placed on the\nperson under this Act or the environmental approval or\n(3) An emergency authorisation may be issued subject to any\nconditions that the CEO considers appropriate and specifies in the\nauthorisation.\n(4) A person is not liable for an offence against this Act relating to an\nact or omission that is authorised under this section.\n(5) A person who would, but for an emergency authorisation, have\ncontravened a provision of this Act is, despite the authorisation,\ntaken to have contravened that provision for:\n(a) any proceedings under Part 10 in relation to the contravention;\nand\n(b) the issuing or enforcement of an environment protection\nnotice in relation to the contravention.\ncritical public infrastructure means infrastructure for the public or\nfor use by the public including roads, dams and bridges.\n\nEnvironment Protection Act 2019 208\n","sortOrder":307},{"sectionNumber":"224","sectionType":"section","heading":"Definitions","content":"224 Definitions\nnotifiable incident means:\n(a) an incident that causes or threatens material environmental\nharm or significant environmental harm and that occurs at a\nsite at which:\n(i) an action is being carried out under an environmental\n(ii) a proposed action or strategic proposal is undergoing\nenvironmental impact assessment; or\n(iii) a mining activity is being carried out under an\n(b) an incident prescribed by regulation to be a notifiable incident.\noperator, in relation to a site at which a recordable incident occurs,\nmeans:\n(a) the approval holder for the action; or\n(b) the proponent of the proposed action or strategic proposal; or\n(c) the mining operator who holds the environmental (mining)\nlicence to carry out the mining activity.\nrecordable incident means an incident, other than a notifiable\nincident, that:\n(a) occurs at a site at which:\n(i) an action is being carried out under an environmental\n(ii) a proposed action or strategic proposal is undergoing\nenvironmental impact assessment; or\n(iii) a mining activity is being carried out under an\nenvironmental (mining) licence; and\n(b) causes or threatens environmental harm.\n\nEnvironment Protection Act 2019 209\n","sortOrder":308},{"sectionNumber":"225","sectionType":"section","heading":"Duty to notify CEO of notifiable incidents","content":"225 Duty to notify CEO of notifiable incidents\n(1) A specified person who observes or becomes aware of a notifiable\nincident must notify the CEO of the incident and all prescribed\ninformation about the incident:\n(a) as soon as practicable (and in any case within 24 hours) after\nthe person observes or becomes aware of the incident; and\n(b) in accordance with section 226.\n(a) the approval holder for the action;\n(ab) the mining operator who holds the environmental (mining)\nlicence to carry out the mining activity;\n(b) a qualified person who is carrying out an environmental audit\nof the site;\n(ba) a qualified person preparing or reviewing information or a\nreport in relation to the site under Part 13, Division 3A;\n(c) an owner of the site;\n(d) an occupier of the site.\n","sortOrder":309},{"sectionNumber":"226","sectionType":"section","heading":"Manner and form of notice","content":"226 Manner and form of notice\nA notice of a notifiable incident given under this Subdivision must\ncomply with the requirements prescribed by regulation.\n","sortOrder":310},{"sectionNumber":"227","sectionType":"section","heading":"Notifiable incidents not required to be reported","content":"227 Notifiable incidents not required to be reported\n(1) A specified person mentioned in section 225 is not required to notify\na notifiable incident under this Subdivision if the person is aware\nthat the incident has already come to the notice of the CEO.\n(2) A person is not required to notify a notifiable incident under this\nSubdivision if the incident is an ordinary result of:\n(a) an action required to be taken to comply with an\n(b) an action required to be taken to comply with an\n\nEnvironment Protection Act 2019 210\n(c) another requirement of this Act.\n","sortOrder":311},{"sectionNumber":"228","sectionType":"section","heading":"Failure to notify notifiable incident – environmental offences","content":"228 Failure to notify notifiable incident – environmental offences\n(a) a notifiable incident occurs in the course of carrying out an\naction or a mining activity; and\n(i) is an approval holder for the action; or\n(ii) is the mining operator for the mining activity; or\n(iii) is carrying out an environmental audit of a site at which\nthe notifiable incident is occurring or has occurred; or\n(iv) is a qualified person preparing or reviewing information\nor a report in relation to the site under Part 13,\nDivision 3A; and\n(c) the person intentionally fails to notify the CEO of the notifiable\nincident; and\n(d) the failure to notify the CEO of the notifiable incident\ncontravenes section 225 and the person is reckless in relation\nto that circumstance.\n(a) a notifiable incident occurs in the course of carrying out an\naction or mining activity; and\n(i) is an approval holder for the action; or\n(ii) is the mining operator for the mining activity; or\n(iii) is carrying out an environmental audit of the site at\nwhich the notifiable incident is occurring or has occurred;\nor\n(iv) is an owner or occupier of the site at which the notifiable\nincident occurred; or\n(v) is a qualified person preparing or reviewing information\nin relation to the site under Part 13, Division 3A; and\n\nEnvironment Protection Act 2019 211\n(c) the person fails to notify the CEO of the notifiable incident;\nand\n(d) the failure to notify the CEO of the notifiable incident\ncontravenes section 225.\n(3) Strict liability applies to subsection (1)(a) and (b).\n","sortOrder":312},{"sectionNumber":"228A","sectionType":"section","heading":"Offence to interfere with place of notifiable incident","content":"228A Offence to interfere with place of notifiable incident\n(a) a notifiable incident occurs at a place; and\n(b) the person intentionally alters the place where the incident\noccurred; and\n(c) the person does not have the permission of the CEO or an\nenvironmental officer to make that alteration.\nMaximum penalty: 200 penalty units.\n(2) Strict liability applies to subsection (1)(a) and (c).\n(4) It is a defence to a prosecution for an offence against\nsubsection (1) if the alteration was made to prevent or minimise\nenvironmental harm resulting from the incident.\nmentioned in subsection (3) or (4).\n","sortOrder":313},{"sectionNumber":"229","sectionType":"section","heading":"Incriminating information","content":"229 Incriminating information\n(1) A person is required to notify a notifiable incident under this\nSubdivision even if to do so might incriminate the person or make\nthe person liable to a penalty.\n\nEnvironment Protection Act 2019 212\n(2) Any information that is given by a person in a notice under this\nSubdivision is not admissible in evidence against the person for an\noffence or for the imposition of a penalty.\n(3) Subsection (2) does not prevent the use of information given by a\nperson in a notice under this Subdivision to locate or identify further\nevidence that may be used in evidence against the person in a\nproceeding for an offence or the imposition of a penalty.\n(4) Subsection (2) does not apply in relation to:\n(a) an offence relating to the provision of false or misleading\ninformation; or\n(b) an offence against section 228.\n","sortOrder":314},{"sectionNumber":"229A","sectionType":"section","heading":"Record of notifiable incidents","content":"229A Record of notifiable incidents\n(1) An approval holder or mining operator must record all notifiable\nincidents required to be notified by the approval holder or mining\noperator under Subdivision 2 as soon as practicable after the\nincident occurs.\n(2) The record must comply with the requirements prescribed by\n(3) An approval holder or mining operator who is required to make a\nrecord under subsection (1) must make the record of notifiable\nincidents available at the activity site for inspection by an\nenvironmental officer.\n","sortOrder":315},{"sectionNumber":"229B","sectionType":"section","heading":"Report of notifiable incidents","content":"229B Report of notifiable incidents\n(1) The CEO may direct an approval holder or mining operator to\nprepare a report of all notifiable incidents required to be notified by\nthe approval holder or mining operator under Subdivision 2.\n(2) The report must, to the extent required in the direction of the CEO,\ninclude the information required to be recorded under section 229A.\n(3) The approval holder or mining operator must give the report to the\nCEO in accordance with the direction of the CEO.\n","sortOrder":316},{"sectionNumber":"229C","sectionType":"section","heading":"Record of recordable incidents","content":"229C Record of recordable incidents\n(1) An operator of a site at which a recordable incident occurs must\nrecord the recordable incident as soon as practicable after the\nincident occurs.\n\nEnvironment Protection Act 2019 213\n(2) The record must comply with the requirements prescribed by\n(3) An operator of a site who is required to make a record under\nsubsection (1) must make the record of recordable incidents\navailable at the site for inspection by an environmental officer.\n","sortOrder":317},{"sectionNumber":"229D","sectionType":"section","heading":"Report of recordable incidents","content":"229D Report of recordable incidents\n(1) At the written direction of the CEO, the operator of a site must\nprepare a report of all recordable incidents required to be recorded\nby the operator under section 229C.\n(2) The report must, to the extent required in the direction of the CEO,\ninclude the information required to be recorded under section 229C.\n(3) The operator must give the report to the CEO in accordance with\nthe direction of the CEO.\n","sortOrder":318},{"sectionNumber":"229E","sectionType":"section","heading":"Failure to keep required record","content":"229E Failure to keep required record\n(1) A person commits an offence if the person fails to keep a record in\naccordance with section 229A.\nMaximum penalty: 200 penalty units\n(2) A person commits an offence if the person fails to keep a record in\naccordance with section 229C.\n(3) An offence against subsection (1) or (2) is an offence of strict\n(4) It is a defence to a prosecution for an offence against this section if\n","sortOrder":319},{"sectionNumber":"229F","sectionType":"section","heading":"Contravention of direction – environmental offence","content":"229F Contravention of direction – environmental offence\n(a) the person is given a direction under section 229B(1)\nor 229D(1); and\n\nEnvironment Protection Act 2019 214\n","sortOrder":320},{"sectionNumber":"230","sectionType":"section","heading":"Who may bring proceeding","content":"230 Who may bring proceeding\nA person who is affected by an alleged act or omission that\ncontravenes or may contravene this Act may apply to the court for\nan injunction or another order under this Division.\n","sortOrder":321},{"sectionNumber":"231","sectionType":"section","heading":"Prohibitory injunctions","content":"231 Prohibitory injunctions\n(1) If a person has engaged, is engaging or is proposing to engage in\nconduct constituting a contravention of this Act, the court may grant\nan injunction restraining the person from engaging in the conduct.\n(2) If the court grants an injunction restraining a person from engaging\nin conduct and in the opinion of the court it is desirable to do so, the\ncourt may make an order requiring the person to do a specified act\nor thing.\n","sortOrder":322},{"sectionNumber":"232","sectionType":"section","heading":"Mandatory injunctions","content":"232 Mandatory injunctions\nIf a person has refused or failed, or is refusing or failing, or is\nproposing to refuse or fail to do an act or thing, and the refusal or\nfailure did, does or would constitute a contravention of this Act, the\ncourt may grant an injunction requiring the person to do the act or\nthing.\n","sortOrder":323},{"sectionNumber":"233","sectionType":"section","heading":"Interim injunctions","content":"233 Interim injunctions\n(1) Before deciding an application for an injunction under this Division,\nthe court may grant an interim injunction:\n(a) restraining a person from engaging in conduct; or\n(b) requiring a person to do an act or thing.\n\nEnvironment Protection Act 2019 215\n(2) The court must not require an applicant for an injunction to give an\nundertaking as to damages as a condition of granting an interim\ninjunction.\n","sortOrder":324},{"sectionNumber":"234","sectionType":"section","heading":"Certain considerations for granting injunctions not relevant","content":"234 Certain considerations for granting injunctions not relevant\n(1) The court may grant an injunction restraining a person from\nengaging in conduct:\n(a) whether or not it appears to the court that the person intends\nto engage again, or to continue to engage, in conduct of that\nkind; and\n(b) whether or not the person has previously engaged in conduct\nof that kind; and\n(c) whether or not there is imminent danger of environmental\nharm if the person engages, or continues to engage, in\nconduct of that kind.\n(2) The court may grant an injunction requiring a person to do a\nparticular act or thing:\n(a) whether or not it appears to the court that the person intends\nto refuse or fail again, or to continue to refuse or fail, to do that\nact or thing; and\n(b) whether or not the person has previously refused or failed to\ndo that act or thing; and\n(c) whether or not there is an imminent danger of environmental\nharm if the person refuses or fails to do that act or thing.\n","sortOrder":325},{"sectionNumber":"235","sectionType":"section","heading":"Discharge of injunctions","content":"235 Discharge of injunctions\nOn application, the court may discharge or vary an injunction.\n","sortOrder":326},{"sectionNumber":"236","sectionType":"section","heading":"Other orders","content":"236 Other orders\nOn an application by the Minister, the CEO or a person mentioned\nin section 230, the court may make the following orders in relation\nto a contravention of this Act:\n(a) if the contravention of this Act has resulted in environmental\nharm – an order requiring the person who committed the\ncontravention to:\n(i) do a specified act or thing to remediate or rehabilitate\nany specified environmental harm; and\n\nEnvironment Protection Act 2019 216\n(ii) if appropriate, do a specified act or thing to prevent or\nmitigate further environmental harm;\n(b) if the Minister or the CEO has incurred costs or expenses in\ndoing an act or thing to prevent or mitigate environmental\nharm resulting from the contravention of this Act or to\nremediate or rehabilitate the environment as a result of\nenvironmental harm – an order against the person who\ncommitted the contravention for payment of the reasonable\ncosts and expenses incurred in doing the act or thing;\n(c) if a person has suffered injury or loss or damage to property\nas a result of the contravention of this Act, or incurred costs\nand expenses in doing an act or thing to prevent or mitigate\nthat injury, loss or damage – an order against the person who\ncommitted the contravention:\n(i) for payment of compensation for the injury, loss or\ndamage; or\n(ii) for the payment of the reasonable costs and expenses\nincurred in doing the act or thing.\n","sortOrder":327},{"sectionNumber":"237","sectionType":"section","heading":"Court may vary or revoke order","content":"237 Court may vary or revoke order\nThe court may, if it considers it appropriate to do so, either on its\nown initiative or on the application of a party, vary or revoke an\norder made under section 236.\n","sortOrder":328},{"sectionNumber":"238","sectionType":"section","heading":"Security and undertakings","content":"238 Security and undertakings\n(1) Subject to section 239(2), the court may order an applicant in a\nproceeding under this Division:\n(a) to provide security for the payment of costs that may be\nawarded against the applicant if the application is\nsubsequently dismissed; and\n(b) to give an undertaking as to the payment of any amount of\ndamages that may be awarded under section 240.\n(2) Without limiting its discretion under subsection (1), the court may\ndetermine not to require a security or undertaking if the court\nconsiders that the proceeding is in the public interest.\n","sortOrder":329},{"sectionNumber":"239","sectionType":"section","heading":"Orders as to costs","content":"239 Orders as to costs\n(1) In any proceeding under this Division, the court may make any\norder as to costs that it considers just and reasonable.\n\nEnvironment Protection Act 2019 217\n(2) Without limiting its discretion under subsection (1), the court may\ndetermine not to require an applicant to pay costs if the court\nconsiders that the proceeding is in the public interest.\n","sortOrder":330},{"sectionNumber":"240","sectionType":"section","heading":"Orders as to damages on application of respondent","content":"240 Orders as to damages on application of respondent\n(1) The court may make an order under this section if, in a proceeding\nunder this Division in relation to an alleged contravention of this Act,\nthe court determines:\n(a) that the respondent has not contravened this Act; and\n(b) that the respondent has suffered loss or damage as a result of\nthe actions of the applicant; and\n(c) that in the circumstances it is appropriate to make an order\nunder this section.\n(2) The court may, on the application of the respondent, and in addition\nto any order as to costs, require the applicant to pay to the\nrespondent the amount determined by the court to compensate the\nrespondent for the loss or damage suffered by the respondent.\n","sortOrder":331},{"sectionNumber":"241","sectionType":"section","heading":"Time for commencing proceedings under this Division","content":"241 Time for commencing proceedings under this Division\n(1) A proceeding under this Division may be commenced at any time\nwithin 90 business days after the date of the alleged act or omission\nthat contravenes or may contravene this Act.\n(2) The court may, on application, extend the time specified in\n(3) An application under subsection (2) may be commenced before or\nafter the end of the time specified in subsection (1).\n(4) In considering an application under subsection (2), the court must\nconsider the following if the information is available:\n(a) when the alleged contravention occurred;\n(b) whether the impact of the alleged contravention ought to have\nbeen discovered by the applicant if the applicant had\nexercised due diligence in finding the impact and whether the\napplicant exercised that due diligence;\n(c) whether extending the time would prejudice the proposed\nrespondent's ability to maintain a defence to the proceeding\non the merits;\n(d) any other criteria the court considers relevant.\n\nEnvironment Protection Act 2019 218\n","sortOrder":332},{"sectionNumber":"242","sectionType":"section","heading":"Powers conferred are in addition to other powers of court","content":"242 Powers conferred are in addition to other powers of court\nThe powers conferred on the court under this Division are in\naddition to any other powers of the court.\nDivision 2 Civil penalty orders, other civil orders and\ndirections\n","sortOrder":333},{"sectionNumber":"243","sectionType":"section","heading":"Purpose of Division","content":"243 Purpose of Division\nThe purpose of this Division is to enable the CEO to:\n(a) give directions to remediate environmental harm or\nrehabilitate the environment; and\n(b) to bring a proceeding for:\n(i) a civil penalty order; or\n(ii) another civil order.\n","sortOrder":334},{"sectionNumber":"244","sectionType":"section","heading":"CEO may give certain directions","content":"244 CEO may give certain directions\n(1) The CEO may give a direction under this section to a person if the\nCEO is satisfied that the person has contravened a provision of this\nAct that is an offence of strict liability.\n(2) The CEO may direct the person to take specified steps to\nremediate environmental harm or to rehabilitate the environment.\n(3) The CEO may direct a person to publicise in a specified manner the\ncontravention and the environmental impact resulting from the\n(4) The direction may be given as an alternative to a criminal\nproceeding.\n","sortOrder":335},{"sectionNumber":"244A","sectionType":"section","heading":"Contravention of direction – environmental offence","content":"244A Contravention of direction – environmental offence\n(a) the person is given a direction under section 244; and\n\nEnvironment Protection Act 2019 219\n","sortOrder":336},{"sectionNumber":"245","sectionType":"section","heading":"Application for civil orders","content":"245 Application for civil orders\nThe CEO may apply to a court of competent jurisdiction for a civil\norder if the CEO is satisfied that a person has contravened a\nprovision of this Act that is an offence of strict liability.\n","sortOrder":337},{"sectionNumber":"246","sectionType":"section","heading":"CEO to consider certain matters","content":"246 CEO to consider certain matters\nIn determining whether to commence a proceeding or to give a\ndirection under this Division in relation to a contravention of a\nprovision of this Act that is an offence of strict liability, the CEO\nmust consider:\n(a) the seriousness of the contravention; and\n(b) the previous record of the offender in complying with this Act;\nand\n(c) any other relevant matters.\n","sortOrder":338},{"sectionNumber":"247","sectionType":"section","heading":"Notice of proposed application to court","content":"247 Notice of proposed application to court\n(1) The CEO must not apply to a court for a civil order under this\nDivision against a person in relation to a contravention of a\nprovision of this Act that is an offence of strict liability unless the\nCEO has served on the person a notice of the CEO's intention to\nmake that application.\n(2) The notice must:\n(b) for an application for a civil penalty order – specify the\nmaximum amount that the person may be ordered to pay as a\ncivil penalty; and\n(c) include a statement advising the person that the person may\nelect to be prosecuted for the contravention by written notice\ngiven to the CEO within the time specified in the notice.\n(3) The time specified in the notice must not be less than 21 business\ndays.\n\nEnvironment Protection Act 2019 220\n(4) The CEO must not apply to a court for a civil order in relation to a\ncontravention if the person serves a written notice within the\nspecified time on the CEO electing to be prosecuted for the\n","sortOrder":339},{"sectionNumber":"248","sectionType":"section","heading":"Civil orders","content":"248 Civil orders\n(1) On the application of the CEO, the court may make the following\norders against a person if the court is satisfied on the balance of\nprobabilities that the person has contravened a provision of this Act\nthat is an offence of strict liability:\n(a) an order that the person pay to the Territory a pecuniary\namount as a civil penalty (a civil penalty order);\n(b) an order mentioned in section 250;\n(c) any other order that the court considers appropriate.\n(2) The amount of a civil penalty ordered under this section to be paid\nin relation to a contravention of a provision that is an offence of\nstrict liability must not exceed the amount specified by this Act as\nthe maximum penalty for the offence.\n","sortOrder":340},{"sectionNumber":"249","sectionType":"section","heading":"Court to consider certain matters","content":"249 Court to consider certain matters\nIn determining the amount to be paid by a person as a civil penalty,\nthe court must consider:\n(a) the nature and extent of the contravention; and\n(b) any environmental harm resulting from the contravention; and\n(c) any financial saving or benefit the person stood to gain by\ncommitting the contravention; and\n(d) whether the person has previously been found, in a\nproceeding under this Act, to have engaged in any similar\nconduct; and\n(e) any other matter the court considers relevant.\n","sortOrder":341},{"sectionNumber":"250","sectionType":"section","heading":"Civil orders under section 248(1)(b)","content":"250 Civil orders under section 248(1)(b)\nAny of the following orders may be made against a person under\nsection 248(1)(b):\n(a) an order that the person must take specified measures within\na specified time:\n(i) to prevent the contravention occurring again; or\n\nEnvironment Protection Act 2019 221\n(ii) to remediate any environmental harm resulting from the\ncontravention; or\n(iii) to rehabilitate the environment as a result of any\nenvironmental harm resulting from the contravention; or\n(iv) to enhance the environment in an area for public benefit;\n(b) an order requiring the person to compensate the CEO for the\ncosts of taking any remedial or preventive action that was\nmade necessary as a result of the act or omission that\nconstituted the contravention;\n(c) an order directing the person to pay to the CEO an amount\nthat the court estimates will not exceed the financial, monetary\nor economic benefit that the person or a person associated\nwith the person has gained or can reasonably be expected to\ngain as a result of the contravention;\n(d) an order directing the person to pay an amount in\ncompensation to any person who has suffered loss or damage\nas a result of the contravention;\n(e) an order requiring the person to publicise the contravention\nand the environmental impact of the contravention in a\nspecified manner.\n","sortOrder":342},{"sectionNumber":"251","sectionType":"section","heading":"CEO may take measures if order not complied with","content":"251 CEO may take measures if order not complied with\n(1) If a person fails to take any measures specified by an order\nmentioned in section 250(a), the CEO may take those measures.\n(2) The CEO may recover the reasonable costs of taking any\nmeasures under subsection (1) from the person in a court of\ncompetent jurisdiction as a debt due to the Territory.\n(3) A debt mentioned in subsection (2) may be recorded under the\nLand Title Act 2000 as a charge on any land owned by the offender.\n(4) The CEO may, in writing, authorise another person to exercise a\npower or perform a function under subsection (1) or (2) on the\n(5) If a person is authorised to exercise a power or perform a function\nunder subsection (4), anything done by the person in the exercise\n\nEnvironment Protection Act 2019 222\n","sortOrder":343},{"sectionNumber":"252","sectionType":"section","heading":"Jurisdiction is civil jurisdiction","content":"252 Jurisdiction is civil jurisdiction\nThe jurisdiction conferred by this Division is part of the civil\njurisdiction of the court.\n","sortOrder":344},{"sectionNumber":"253","sectionType":"section","heading":"Contravention of 2 or more provisions","content":"253 Contravention of 2 or more provisions\nIf the conduct of a person constitutes a contravention of 2 or more\nprovisions of this Act that are offences of strict liability, an amount\nof civil penalty may be ordered to be paid by the person under this\nDivision in relation to the contravention of any one or more of the\nprovisions but the person is not liable to pay more than one amount\nas a civil penalty in relation to the same conduct.\n","sortOrder":345},{"sectionNumber":"254","sectionType":"section","heading":"Proceeding to be stayed if criminal proceedings commenced","content":"254 Proceeding to be stayed if criminal proceedings commenced\n(1) This section applies to a proceeding for:\n(a) a civil order in relation to a contravention of this Act; or\n(b) enforcement of a civil order mentioned in paragraph (a).\n(2) The proceeding is stayed if a criminal proceeding is commenced or\nhas already commenced against the person for an offence\nconstituted by conduct that is substantially the same as the conduct\nalleged to constitute the contravention.\n(3) The stayed proceeding may only be resumed if the criminal\nproceeding does not result in a formal finding of guilt being made\nagainst the person.\n(4) This section does not prevent an application or order from being\nmade under Division 1 if a criminal proceeding has commenced.\n","sortOrder":346},{"sectionNumber":"255","sectionType":"section","heading":"Evidence not admissible in criminal proceedings","content":"255 Evidence not admissible in criminal proceedings\n(1) Evidence of information given or evidence of the production of\ndocuments by a person is not admissible in a criminal proceeding\nagainst the person if:\n(a) the person gave the evidence or produced the documents in\nthe course of a proceeding under this Division for the recovery\nof an amount as a civil penalty in relation to a contravention of\nthis Act; and\n(b) the conduct alleged to constitute the offence is substantially\nthe same as the conduct that was alleged to constitute the\n\nEnvironment Protection Act 2019 223\n(2) Subsection (1) does not prevent the use of information given by a\nperson to locate or identify further evidence that may be used in\nevidence against the person in a proceeding for an offence or the\nimposition of a penalty.\n(3) Subsection (1) does not apply to a criminal proceeding in relation to\nthe provision of false or misleading information or documents.\n","sortOrder":347},{"sectionNumber":"256","sectionType":"section","heading":"Orders as to costs","content":"256 Orders as to costs\nIn a proceeding under this Division, the court may make any order\nas to costs that it considers just and reasonable, including an order\nrequiring the reimbursement of the costs and expenses incurred by\nthe CEO in investigating the alleged offence.\n","sortOrder":348},{"sectionNumber":"257","sectionType":"section","heading":"Recovery of amounts ordered to be paid to Territory","content":"257 Recovery of amounts ordered to be paid to Territory\nAny amount ordered by a court under this Division to be paid to the\nTerritory may be recovered by the Territory as a judgment debt.\n","sortOrder":349},{"sectionNumber":"258","sectionType":"section","heading":"Time for bringing proceedings under this Division","content":"258 Time for bringing proceedings under this Division\nA proceeding for an order under this Division may be commenced\nat any time within 3 years after the date of the alleged\n","sortOrder":350},{"sectionNumber":"259","sectionType":"section","heading":"Civil proceedings not to affect environment protection notices","content":"259 Civil proceedings not to affect environment protection notices\nA proceeding for a civil order against a person does not affect any\nexisting environment protection notice issued to the person or the\nissue of an environment protection notice to the person during or\nafter the end of the proceeding.\n","sortOrder":351},{"sectionNumber":"259A","sectionType":"section","heading":"Offence to cause environmental harm – environmental","content":"259A Offence to cause environmental harm – environmental\n\nEnvironment Protection Act 2019 224\n(d) the conduct results in material environmental harm.\n\nEnvironment Protection Act 2019 225\n(d) the conduct results in environmental harm.\n(6) Strict liability applies to subsections (1)(c) and (2)(c).\n","sortOrder":352},{"sectionNumber":"260","sectionType":"section","heading":"Offence to provide false or misleading information","content":"260 Offence to provide false or misleading information\n(a) the person intentionally gives information to another person;\nand\n(b) the other person is a relevant person; and\n(c) the information is false or misleading information and the\nperson has knowledge of that circumstance; and\n(d) the relevant person is acting in an official capacity and the\nperson has knowledge of that circumstance.\n(a) the person intentionally gives a document to another person;\nand\n(b) the other person is a relevant person; and\n(c) the document contains false or misleading information and the\nperson has knowledge of that circumstance; and\n\nEnvironment Protection Act 2019 226\n(d) the relevant person is acting in an official capacity and the\nperson has knowledge of that circumstance.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n(4) It is a defence to a prosecution for an offence against\nsubsection (2) if the person, when giving the document:\n(a) draws the misleading aspect of the document to the relevant\nperson's attention; and\n(b) to the extent to which the person can reasonably do so –\ngives the relevant person the information necessary to remedy\nthe misleading aspect of the document.\n(5) For this section a qualified person is acting in an official capacity\nwhen carrying out:\n(a) an environmental audit directed under Part 8, Division 2; or\n(b) a requirement under section 178; or\n(ba) a function under Part 13, Division 3A; or\n(c) a function required to be carried out by a qualified person\nunder the regulations.\n(a) the Minister; or\n(b) the CEO; or\n(c) the NT EPA; or\n(d) an environmental officer; or\n(e) a qualified person.\n","sortOrder":353},{"sectionNumber":"261","sectionType":"section","heading":"Contravention of court order under section 216 or 236 –","content":"261 Contravention of court order under section 216 or 236 –\nenvironmental offence\n(a) the person is subject to an order under section 216; and\n\nEnvironment Protection Act 2019 227\n(b) the person contravenes the order.\n(a) the person is subject to an order under section 236; and\n(b) the person contravenes the order.\n(3) An offence against this section is an offence of strict liability.\n(4) It is a defence to a prosecution for an offence against this section if\n","sortOrder":354},{"sectionNumber":"262","sectionType":"section","heading":"Continuing offences","content":"262 Continuing offences\n(1) This section applies if a court has found a person guilty of a\nspecified environmental offence.\n(2) The court may, in addition to any penalty imposed for the offence,\nimpose a penalty of not more than one-tenth of the maximum\npenalty prescribed for that offence for each day during which the\noffence continues after the day the offence is charged.\n(3) If the offence continues after the person is found guilty, the court\nmay:\n(a) find the person guilty of a further offence; and\n(b) in addition to any penalty imposed for the further offence,\nimpose a penalty of not more than one-tenth of the maximum\npenalty prescribed for that offence for each day during which\nthe offence continues after the day the person was first found\nguilty.\n(4) If an offence consists of an omission to do something that is\nrequired to be done, the omission will be taken to continue for as\nlong as the thing required to be done remains to be done after the\nend of the period for compliance with the requirement.\n\nEnvironment Protection Act 2019 228\n","sortOrder":355},{"sectionNumber":"263","sectionType":"section","heading":"Liability of occupier","content":"263 Liability of occupier\n(1) An occupier of land must take reasonable steps and exercise due\ndiligence, having regard to the nature and extent of the occupation,\nto prevent a specified environmental offence occurring on the land.\n(2) An occupier of land is taken to have committed a specified\nenvironmental offence if:\n(a) a person (the offender) commits a specified environmental\n(b) the offence occurs wholly or partly on the land or part of the\nland.\n(3) It is a defence to a prosecution for an offence taken to have been\ncommitted by subsection (2) if the defendant took reasonable steps\nand exercised due diligence to prevent the commission of the\n(5) This section does not affect the liability of the offender.\n(6) This section applies whether or not the offender is prosecuted for,\nor found guilty of, the specified environmental offence.\n","sortOrder":356},{"sectionNumber":"264","sectionType":"section","heading":"Liability of owner","content":"264 Liability of owner\n(1) For section 263, an owner of land (other than the owner of land that\nis subject to a mineral interest) is taken to be an occupier of the\nland unless the owner proves that at the time the offence was\ncommitted:\n(a) the owner was not the occupier of the land; and\n(b) the owner was not an associated person of the occupier.\n(2) The defendant has the legal burden of proof in relation to a matter\nmentioned in subsection (1).\nassociated person means an employee, agent, licensee,\ncontractor or subcontractor.\n\nEnvironment Protection Act 2019 229\n","sortOrder":357},{"sectionNumber":"264A","sectionType":"section","heading":"Liability of title holder or mining operator of mining site","content":"264A Liability of title holder or mining operator of mining site\n(1) A title holder or mining operator of a mining site must take\nreasonable steps and exercise due diligence to prevent a specified\nenvironmental offence occurring on the mining site.\n(2) A title holder or mining operator of a mining site is taken to have\ncommitted a specified environmental offence if:\n(a) a person (the offender) commits a specified environmental\n(b) the offence occurs wholly or partly on the mining site or part of\nthe mining site.\n(3) It is a defence to a prosecution for an offence taken to have been\ncommitted by subsection (2) if the defendant took reasonable steps\nand exercised due diligence to prevent the commission of the\n(5) This section does not affect the liability of the offender.\n(6) This section applies whether or not the offender is prosecuted for,\nor found guilty of, the specified environmental offence.\n","sortOrder":358},{"sectionNumber":"265","sectionType":"section","heading":"Criminal liability of executive officer of body corporate","content":"265 Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if:\n(a) the body corporate commits a relevant offence and the officer\nwas reckless about whether the relevant offence would be\ncommitted; and\n(b) the officer was in a position to influence the conduct of the\nbody corporate in relation to the commission of the relevant\n(c) the officer recklessly failed to take reasonable steps to prevent\nthe commission of the relevant offence.\nMaximum penalty: The maximum penalty that may be imposed\nfor the commission of the relevant offence\nby an individual.\n\nEnvironment Protection Act 2019 230\n(3) In deciding whether the executive officer took, or failed to take,\nreasonable steps to prevent the commission of the offence, a court\nmust consider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncommission of the offence):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe provision to which the relevant offence relates;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's employees, agents and contractors\nhad 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 could be, about to be committed.\n(4) Subsection (3) does not limit the matters the court may consider.\n(5) This section does not affect the liability of the body corporate.\n(6) This section applies whether or not the body corporate is\nprosecuted for, or convicted of, the relevant offence.\n(7) Subsection (1) does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\nNote for subsection (7)\nThe defendant has an evidential burden in relation to the matters in\nsubsection (7) (see section 43BU of the Criminal Code).\n(8) In this section:\nrelevant offence means:\n(a) a specified environmental offence; or\n(b) an offence against a provision of the regulations prescribed by\n\nEnvironment Protection Act 2019 231\n","sortOrder":359},{"sectionNumber":"266","sectionType":"section","heading":"Liability of partners and unincorporated associations","content":"266 Liability of partners and unincorporated associations\n(1) If a partner (the offender) commits an offence against this Act,\nevery other partner in the partnership is taken to have committed\nthe same offence.\n(2) If a person (the offender) commits an offence against this Act while\nengaging in conduct on behalf of an unincorporated association,\neach member of the committee of management of the association\nis taken to have committed the same offence.\n(3) This section applies whether or not the offender is prosecuted for,\nor convicted of, the offence.\n(4) This section does not apply if the offender would have a defence to\na prosecution for the offence.\n(5) It is a defence to a prosecution for an offence committed because\nof subsection (1) or (2) if:\n(a) the act or omission that constituted the offence took place\nwithout the defendant's authority, permission or consent; or\n(b) the defendant did not know, and ought not reasonably be\nexpected to have known, the offence was to be or was being\ncommitted and took all reasonable steps to prevent or stop the\ncommission of the offence; or\n(c) the defendant could not by the exercise of reasonable\ndiligence have prevented the commission of the offence by\nthe person who committed the offence.\n(6) The defendant has the legal burden of proof in relation to a matter\n(7) Despite anything in this Act or the Environmental Offences and\nPenalties Act 1996, a person is not liable to be punished by\nimprisonment for an offence if the person would not have been\nfound guilty of the offence except for subsection (1) or (2).\n(8) For this section, a reference to engaging in conduct includes a\nreference to failing or refusing to engage in conduct.\n","sortOrder":360},{"sectionNumber":"267","sectionType":"section","heading":"Liability for employees and agents","content":"267 Liability for employees and agents\n(1) For a prosecution for an offence against this Act, conduct engaged\nin on behalf of a person other than a body corporate (the\nemployer) by an employee or agent of the employer within the\nscope of the employee or agent's actual or apparent authority is\ntaken to have been engaged in also by the employer.\n\nEnvironment Protection Act 2019 232\n(2) This section applies whether or not the employee or agent is\nprosecuted for, or convicted of, the offence.\n(3) This section does not apply if the employee or agent would have a\ndefence to a prosecution for the offence.\n(4) It is a defence to a prosecution for an offence committed because\nof subsection (1) if:\n(a) the act or omission that constituted the offence took place\nwithout the defendant's authority, permission or consent; or\n(b) the defendant did not know, and ought not reasonably be\nexpected to have known, the offence was to be or was being\ncommitted and took all reasonable steps to prevent or stop the\ncommission of the offence; or\n(c) the defendant could not by the exercise of reasonable\ndiligence have prevented the commission of the offence by\nthe person who committed the offence.\n(5) The defendant has the legal burden of proof in relation to a matter\n(6) Despite anything in this Act or the Environmental Offences and\nPenalties Act 1996, a person is not liable to be punished by\nimprisonment for an offence if the person would not have been\nfound guilty of the offence except for subsection (1).\n(7) For this section, a reference to engaging in conduct includes a\nreference to failing or refusing to engage in conduct.\n","sortOrder":361},{"sectionNumber":"268","sectionType":"section","heading":"Court may order reimbursement of investigation costs","content":"268 Court may order reimbursement of investigation costs\n(1) This section applies if a person is found guilty of an offence against\n(2) The court may, in addition to any other order it may make under this\nAct or the Sentencing Act 1995, make an order requiring the\noffender to reimburse the costs and expenses incurred by the CEO\nin investigating the offence.\n","sortOrder":362},{"sectionNumber":"269","sectionType":"section","heading":"Alternative verdicts","content":"269 Alternative verdicts\n(1) This section applies if, in a proceeding against a person charged\nwith an offence against a provision mentioned in the following Table\n(the prosecuted offence), the trier of fact:\n(a) is not satisfied beyond reasonable doubt that the person\ncommitted the prosecuted offence; but\n\nEnvironment Protection Act 2019 233\n(b) is satisfied beyond reasonable doubt that the person\ncommitted an offence against a provision specified in the\nTable as the alternative offence for the prosecuted offence.\n(2) The trier of fact may find the person not guilty of the prosecuted\noffence but guilty of the alternative offence.\nTable Alternative offences\nProsecuted offence Alternative offence\nsection 34(1) section 34(2), (3), (4) or (5)\nsection 34(2) section 34(4) or (5)\nsection 34(3) section 34(4) or (5)\nsection 34(4) section 34(5)\nsection 40(1) section 40(2), (3) or (4)\nsection 40(2) section 40(4)\nsection 40(3) section 40(4)\nsection 41(1) section 41(2), (3) or (4)\nsection 41(2) section 41(4)\nsection 41(3) section 41(4)\nsection 89(1) section 89(2), (3) or (4)\nsection 89(2) section 89(4)\nsection 89(3) section 89(4)\nsection 117(1) section 117(2), (3) or (4)\nsection 117(2) section 117(4)\nsection 117(3) section 117(4)\nsection 124J(1) section 124J(2), (3), (4) or (5)\nsection 124J(2) section 124J(3), (4) or (5)\nsection 124J(3) section 124J(4) or (5)\nsection 124J(4) section 124J(5)\nsection 124ZZW(1) section 124ZZW(2), (3) or (4)\nsection 124ZZW(2) section 124ZZW(3) or (4)\nsection 124ZZW(3) section 124ZZW(4)\nsection 124ZZX(1) section 124ZZX(2), (3) or (4)\nsection 124ZZX(2) section 124ZZX(3) or (4)\nsection 124ZZX(3) section 124ZZX(4)\n\nEnvironment Protection Act 2019 234\nProsecuted offence Alternative offence\nsection 124ZZY(1) section 124ZZY(2)\nsection 124ZZZA(1) section 124ZZZA(2), (3), (4) or\n(5)\nsection 124ZZZA(2) section 124ZZZA(3), (4) or (5)\nsection 124ZZZA(3) section 124ZZZA(4),or (5)\nsection 124ZZZA(4) section 124ZZZA(5)\nsection 124ZZZM(1) section 124ZZZM(2), (3), (4) or\n(5)\nsection 124ZZZM(2) section 124ZZZM(3), (4) or (5)\nsection 124ZZZM(3) section 124ZZZM(4) or (5)\nsection 124ZZZM(4) section 124ZZZM(5)\nsection 151(1) section 151(2)\nsection 154(1) section 154(2)\nsection 191(1) section 191(2), (3) or (4)\nsection 191(2) section 191(4)\nsection 191(3) section 191(4)\nsection 198(1) section 198(2), (3) or (4)\nsection 198(2) section 198(4)\nsection 198(3) section 198(4)\nsection 228(1) section 228(2)\nsection 283H(1) section 283H(2)\nsection 259A(1) section 259A(2), (3), (4) or (5)\nsection 259A(2) section 259A(3), (4) or (5)\nsection 259A(3) section 259A(4) or (5)\nsection 259A(4) section 259A(5)\n\nEnvironment Protection Act 2019 235\n","sortOrder":363},{"sectionNumber":"270","sectionType":"section","heading":"Principles to be applied in imposing penalty for specified","content":"270 Principles to be applied in imposing penalty for specified\nWhen imposing a penalty on a person (the offender) for a specified\nenvironmental offence, the court must consider the following to the\nextent that they are relevant:\n(a) any benefit or likely benefit obtained by the offender in\ncommitting the offence and the desirability of fixing a penalty\nthat outweighs the benefit or potential benefit of the conduct;\n(b) the extent of the environmental harm caused, including\nwhether the harm is long-term, irreversible or cumulative;\n(c) whether there is a need to deter cumulative impacts of\nconduct of this kind by the offender and others;\n(d) the extent of any efforts by the offender to minimise or\nremediate the environmental harm;\n(e) the extent to which the offender made efforts to comply with\nthe environmental approval;\n(f) any history of non-compliance by the offender with this Act;\n(g) whether there was deliberate concealment of the conduct or of\nthe illegal nature of the conduct;\n(h) any other matters the court considers relevant.\n","sortOrder":364},{"sectionNumber":"271","sectionType":"section","heading":"Additional court orders where specified environmental offence","content":"271 Additional court orders where specified environmental offence\nproved\n(1) If a person (the offender) is found guilty of a specified\nenvironmental offence, the court may, having regard to the nature\nof the offence and the circumstances of the offence, make any\norders it considers appropriate including the following:\n(a) an order that the offender must take specified measures within\na specified time:\n(i) to prevent the offence occurring again; or\n(ii) to remediate any environmental harm resulting from the\noffence; or\n(iii) to rehabilitate the environment as a result of any\nenvironmental harm resulting from the offence; or\n\nEnvironment Protection Act 2019 236\n(iv) to enhance the environment in an area for public benefit;\n(b) an order requiring the offender to compensate the CEO for the\ncosts of taking any remedial or preventive action that was\nmade necessary as a result of the act or omission that\nconstituted the offence;\n(c) an order directing the offender to pay to the CEO an amount\nthat the court estimates will not exceed the financial, monetary\nor economic benefit that the offender or a person associated\nwith the offender has gained or can reasonably be expected to\ngain as a result of the commission of the offence;\n(d) an order directing the offender to pay an amount in\ncompensation to any person who has suffered loss or damage\nas a result of the commission of the offence;\n(e) an order requiring the offender to publicise the offence and the\nenvironmental consequences in a specified manner.\n(2) An order under this section is in addition to any other order that the\ncourt may make under this Act or the Sentencing Act 1995.\n","sortOrder":365},{"sectionNumber":"272","sectionType":"section","heading":"CEO may take measures if order not complied with","content":"272 CEO may take measures if order not complied with\n(1) If the offender fails to take any measures specified by an order\nunder section 271(1)(a), the CEO may take those measures.\n(2) The CEO may recover the reasonable costs of taking any\nmeasures under subsection (1) in a court of competent jurisdiction\nas a debt due to the Territory.\n(3) A debt mentioned in subsection (2) may be recorded under the\nLand Title Act 2000 as a charge on any land owned by the offender.\n(4) The CEO may, in writing, authorise another person to exercise a\npower or perform a function under subsection (1) or (2) on the\n(5) If a person is authorised to exercise a power or perform a function\nunder subsection (4), anything done by the person in the exercise\n\nEnvironment Protection Act 2019 237\n","sortOrder":366},{"sectionNumber":"273","sectionType":"section","heading":"Who can commence proceedings","content":"273 Who can commence proceedings\n(1) A proceeding for an offence against this Act may be brought by:\n(a) the CEO or a person authorised by the CEO; or\n(b) an environmental officer.\n(2) An environmental officer other than a police officer must obtain the\nconsent of the following before commencing the proceeding:\n(a) the NT EPA in relation to an offence against any of the\nfollowing provisions:\n(i) section 34;\n(ii) section 54;\n(iii) if the request was made by the NT EPA – section 151;\n(iv) section 198;\n(v) if the relevant person is the NT EPA – section 260;\n(vi) if the relevant offence is an offence mentioned in\nsubparagraphs (i) to (v) – section 265;\n(b) otherwise – the CEO.\n","sortOrder":367},{"sectionNumber":"274","sectionType":"section","heading":"Time for commencing prosecution","content":"274 Time for commencing prosecution\nA prosecution for an offence against this Act must be commenced\nnot more than 3 years after the later of:\n(a) the date on which the offence was committed; or\n(b) the date on which evidence of the offence first came to the\nattention of the CEO or the NT EPA, as the case requires.\n","sortOrder":368},{"sectionNumber":"274A","sectionType":"section","heading":"Notice of defence must be given","content":"274A Notice of defence must be given\nA person charged with an offence who intends to rely on a defence\nspecified by or under this Act must give written notice of the\nintention to the prosecutor at least 10 business days before the\ncharge is heard.\n","sortOrder":369},{"sectionNumber":"274B","sectionType":"section","heading":"Statements of fact","content":"274B Statements of fact\n(1) This section applies to a proceeding under this Act.\n\nEnvironment Protection Act 2019 238\n(2) A statement purporting to be signed by a relevant person specifying\nany of the following matters is evidence of the matter specified in\nthe statement:\n(a) that, at a specified time, a specified person was, or was not,\nan approval holder;\n(b) that, at a specified time, a specified environmental approval\nhad been granted, varied, suspended or revoked;\n(c) that, at a specified time, a specified place was a mining site or\na place where specified mining activities were being carried\nout;\n(d) that, at a specified time, a specified person was:\n(i) the mining operator for a specified mining site; or\n(ii) the title holder of a specified mining site; or\n(iii) an employer of workers at a specified mining site; or\n(iv) a worker at a specified mining site;\n(e) that, at a specified time, a mining operator was, or was not,\nthe holder of an environmental (mining) licence;\n(f) that, at a specified time, a specified environmental (mining)\nlicence had been granted, amended, suspended, revoked or\ncancelled;\n(g) that, at a specified time, a specified substance was a\ncontaminant, waste or greenhouse gas.\n(3) A statement purporting to be signed by a relevant person specifying\nany of the following matters is evidence of the matter specified in\nthe statement:\n(a) that, at a specified time, a specified environmental approval, a\ncopy of which is attached to the statement, contained\nspecified conditions;\n(ab) that, at a specified time, a specified environmental (mining)\nlicence, a copy of which is attached to the statement,\ncontained specified conditions;\n(b) that, at a specified time, a direction, instruction or notice, a\ncopy of which is attached to the statement, had been given or\nimposed or had not been given or imposed under this Act;\n\nEnvironment Protection Act 2019 239\n(c) that, at a specified time, a specified declaration under this Act,\na copy of which is attached to the statement, was in force;\n(d) that, at a specified time, a document, a copy of which is\nattached to the statement, is a document mentioned in an\nenvironmental approval, an environmental (mining) licence or\na statutory instrument under this Act.\n(4) A statement purporting to be signed by the CEO specifying any of\nthe following matters is evidence of the matter specified in the\nstatement:\n(a) that, at a specified time, a specified person was an\nenvironmental officer; or\n(b) that, at a specified time, a specified person was:\n(i) a registered environmental auditor; or\n(ii) a registered environmental practitioner; or\n(iii) a qualified person appointed by the CEO to conduct an\nenvironmental audit.\n(5) An instrument, equipment or installation prescribed by regulation\nthat is used by an environmental officer in accordance with the\nmanufacturer's instructions is taken to be accurate and precise in\nthe absence of evidence to the contrary.\n(a) the CEO; or\n(b) a person appointed or authorised as an environmental officer\nunder section 159.\n","sortOrder":370},{"sectionNumber":"274C","sectionType":"section","heading":"Reports of analysis","content":"274C Reports of analysis\n(1) This section applies to a proceeding under this Act.\n(2) The production in a proceeding of a signed analyst's report\nspecifying any of the following matters is evidence of those matters:\n(a) the analyst took, or received from a specified person, the\nsample mentioned in the report;\n(b) the analyst analysed the sample on a specified day, or during\na specified period, and at a specified place;\n\nEnvironment Protection Act 2019 240\n(c) the results of the analysis.\n(3) A defendant in a proceeding who intends to produce a signed\nanalyst's report in the proceeding must send a copy of the report to\nthe prosecutor at least 5 business days before the day set down for\nthe hearing.\n","sortOrder":371},{"sectionNumber":"275","sectionType":"section","heading":"Enforcement agency for Fines and Penalties (Recovery)","content":"275 Enforcement agency for Fines and Penalties (Recovery)\nAct 2001\n(1) The CEO is an enforcement agency for the Fines and Penalties\n(Recovery) Act 2001.\n(2) The NT EPA is an enforcement agency for the Fines and Penalties\n(Recovery) Act 2001.\n","sortOrder":372},{"sectionNumber":"276","sectionType":"section","heading":"Standing for judicial review","content":"276 Standing for judicial review\n(1) A person may seek judicial review of a decision of the Minister, the\nCEO, the NT EPA or an environmental officer under this Act if the\nperson is:\n(a) a proponent of an action to which the decision relates; or\n(b) an applicant for the decision; or\n(c) a person directly affected by the decision; or\n(d) a person who has made a genuine and valid submission\nduring an environmental impact assessment process or\nenvironmental approval process under this Act to which the\ndecision relates; or\n(e) a person who has made a genuine and valid submission\nduring an environmental (mining) licence process under this\nAct to which the decision relates.\n(2) For subsection (1)(d), a genuine and valid submission by a person\ndoes not include:\n(a) a submission by the person in the form of a form response or\npetition prepared by another body or organisation; or\n(b) a submission made after the end of the submission period,\nunless the court considers that in the circumstances it should\nbe considered a genuine and valid submission.\n\nEnvironment Protection Act 2019 241\n","sortOrder":373},{"sectionNumber":"277","sectionType":"section","heading":"Review by NTCAT","content":"277 Review by NTCAT\n(1) NTCAT has jurisdiction to review a decision (a reviewable\ndecision) specified in the Schedule.\n(2) An affected person, for a reviewable decision, is a person\nspecified in the Schedule for that decision.\n(3) An affected person for a reviewable decision may apply to NTCAT\nfor review of the decision.\nNote for section 277\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to NTCAT for review and other relevant matters in relation\nto reviews.\nDivision 1 Delegation\n","sortOrder":374},{"sectionNumber":"278","sectionType":"section","heading":"Delegation by Minister","content":"278 Delegation by Minister\n(1) The Minister may delegate any of the Minister's powers and\nfunctions under this Act to the CEO or a person other than the NT\nEPA or a member of the NT EPA.\n(2) The Minister may delegate to the NT EPA or a member of the NT\nEPA any power of the Minister relating to the amendment of an\n","sortOrder":375},{"sectionNumber":"279","sectionType":"section","heading":"Delegation by CEO","content":"279 Delegation by CEO\nThe CEO may delegate any of the CEO's powers and functions\nunder this Act to a person.\n","sortOrder":376},{"sectionNumber":"280","sectionType":"section","heading":"Service","content":"280 Service\n(1) A document required to be given to a person under this Act may be\ngiven:\n(a) by serving it on the recipient as authorised by section 25 of\nthe Interpretation Act 1978; or\n(b) by sending it to the recipient's email address as an attachment\nto an email.\n\nEnvironment Protection Act 2019 242\n(2) Subject to evidence to the contrary, a document sent as mentioned\nin subsection (1)(b) is taken to be given to the recipient when it is\nsent to the recipient's email address.\nNote for section 280\nSee section 25(2) to (4) of the Interpretation Act 1978 for when notices, directions\nor requests served as mentioned in subsection (1)(a) are taken to be served.\n","sortOrder":377},{"sectionNumber":"280A","sectionType":"section","heading":"Protection from liability","content":"280A Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as any of the following:\n(a) the CEO;\n(b) a person who is appointed or authorised as an environmental\nofficer under section 159(1);\n(c) a person who is authorised under section 163(1)(r) to provide\nassistance to an environmental officer;\n(d) a person who is authorised under section 251(4) to exercise a\npower or perform a function under section 251(1) or (2) on the\nCEO's behalf;\n(e) a person who is authorised under section 272(4) to exercise a\npower or perform a function under section 272(1) or (2) on the\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\nexercise of a power includes the purported exercise of the power.\nperformance of a function includes the purported performance of\nthe function.\n\nEnvironment Protection Act 2019 243\n","sortOrder":378},{"sectionNumber":"281","sectionType":"section","heading":"Confidential information","content":"281 Confidential information\n(1) This section applies if a specified person is required under this Act\nor the regulations to provide information to a decision-maker in\n(a) a referred action; or\n(b) a referred strategic proposal; or\n(c) the environmental impact assessment process; or\n(d) the approval of an action or strategic proposal; or\n(e) a significant variation of an action or strategic proposal; or\n(f) the amendment of an environmental approval; or\n(g) the suspension or revocation of an environmental approval; or\n(h) the transfer of an environmental approval; or\n(ha) an application for an environmental (mining) licence; or\n(hb) the granting of an environmental (mining) licence; or\n(hc) the variation of the conditions of an environmental (mining)\nlicence; or\n(hd) the suspension, cancellation or revocation of an\n(he) the transfer of an environmental (mining) licence; or\n(i) a circumstance prescribed by regulation.\n(2) At the time of providing the information, the specified person may\nrequest that identified information provided not be made public on\nthe basis that the information is:\n(a) commercial-in-confidence, which may include:\n(i) commercial contractual information; or\n(ii) confidential agreements with third parties if these are\nrequired not to be disclosed; or\n(b) cultural-in-confidence; or\n\nEnvironment Protection Act 2019 244\n(c) subject to legal professional privilege; or\n(d) otherwise required by law to be withheld from publication; or\n(e) information that is in the public interest to withhold.\n(2A) The decision-maker may suspend an environmental impact\nassessment process or environmental approval process or an\nenvironmental (mining) licence process while considering a request\nunder this section that relates to that process.\n(2B) The decision-maker must recommence the suspended process as\nsoon as practicable and not more than 5 business days after the\ndecision is made on the request.\n(2C) The required time for making any decision under a suspended\nprocess ceases to run during the period of the suspension.\n(3) An application must be made in accordance with the regulations.\n(a) a proponent;\n(b) an approval holder;\n(c) a mining operator.\n","sortOrder":379},{"sectionNumber":"282","sectionType":"section","heading":"Decision of Minister or NT EPA","content":"282 Decision of Minister or NT EPA\n(1) After considering a request under section 281, the Minister or the\nNT EPA may decide that specified information provided to the\nMinister or the NT EPA (as the case requires) is not required to be\npublished under this Act if satisfied that:\n(a) the information is of a kind mentioned in section 281(2); and\n(b) it is appropriate to withhold it from publication.\n(2) The Minister or NT EPA must not decide that information is\ncommercial-in-confidence unless satisfied that:\n(a) release of the information would cause competitive detriment\nto the applicant; and\n(b) the information is not in the public domain; and\n(c) the information is not readily discoverable.\n\nEnvironment Protection Act 2019 245\n","sortOrder":380},{"sectionNumber":"283","sectionType":"section","heading":"Effect of decision","content":"283 Effect of decision\n(1) This section applies if the Minister or the NT EPA decides under\nsection 282 that information may be withheld from publication.\n(2) The proponent or approval holder is not required to publish the\ninformation under this Act.\n(3) The proponent or approval holder is still required to provide the\ninformation to the Minister or the NT EPA under this Act.\n(4) The Minister or the NT EPA must not publish information that it has\ndecided may be withheld from publication under this Act unless\nrequired to do so by another Act or law.\n","sortOrder":381},{"sectionNumber":"283A","sectionType":"section","heading":"Application of Division","content":"283A Application of Division\nThis Division applies in relation to information or reports to be\nprovided to the Minister if Part 5A or Part 9, Division 5,\nSubdivision 2 enables the Minister to require the specified\ninformation or specified report to be prepared or reviewed by a\nqualified person under this Division.\n","sortOrder":382},{"sectionNumber":"283B","sectionType":"section","heading":"Independent review of information","content":"283B Independent review of information\nThe Minister may:\n(a) require a mining operator:\n(i) to give to the Minister a report prepared by a qualified\nperson reviewing that specified information or specified\nreport; or\n(ii) to meet the reasonable costs of the Minister in obtaining\na report prepared by a qualified person reviewing that\nspecified information or specified report; or\n(b) require the specified information or specified report to be\nprepared by a qualified person.\n","sortOrder":383},{"sectionNumber":"283C","sectionType":"section","heading":"Offence relating to conflict of interest","content":"283C Offence relating to conflict of interest\n(1) A person commits an offence if the person:\n(a) is a qualified person; and\n(b) intentionally prepares or reviews specified information or a\nspecified report for this Division; and\n\nEnvironment Protection Act 2019 246\n(c) has a conflict of interest and is reckless in relation to that\ncircumstance; and\n(d) does not have the authorisation of the Minister to engage in\nthe conduct despite the conflict of interest.\n(2) Strict liability applies to subsection (1)(a) and (d).\n","sortOrder":384},{"sectionNumber":"283D","sectionType":"section","heading":"Authorisation of conduct despite conflict","content":"283D Authorisation of conduct despite conflict\nThe Minister may authorise a qualified person to prepare or review\nspecified information or a specified report despite a conflict of\ninterest if the Minister considers it appropriate to do so in the\nparticular circumstances of the case.\n","sortOrder":385},{"sectionNumber":"283E","sectionType":"section","heading":"Nature of conflict of interest","content":"283E Nature of conflict of interest\n(1) For sections 283C and 283D, a person has a conflict of interest if\nthe person:\n(a) is an associate of another person who owns or occupies any\npart of the site to which the specified information or specified\nreport relates; or\n(b) has a direct or indirect pecuniary or personal interest in:\n(i) any part of the site to which the specified information or\nspecified report relates; or\n(ii) any action carried out or proposed to be carried out on\nthe site or part of the site to which the specified\ninformation or specified report relates; or\n(c) has been involved in, or is an associate of another person\nwho has been involved in, an assessment or remediation\nunder this Act of the site to which the specified information or\nspecified report relates.\n(2) For this section, a person is an associate of another person if:\n(a) they are partners; or\n(b) one is a spouse, de facto partner, parent, step-parent, child or\nstepchild of the other; or\n\nEnvironment Protection Act 2019 247\n(c) they are both trustees or beneficiaries of the same trust, or\none is a trustee and the other is a beneficiary of the same\ntrust; or\n(d) one is a body corporate or other entity (whether inside or\noutside Australia) and the other is a director or member of the\ngoverning body of the body corporate or other entity; or\n(e) one is a body corporate or other entity (whether inside or\noutside Australia) and the other is a person who has a legal or\nequitable interest in 5% or more of the share capital of the\nbody corporate or other entity; or\n(f) they are related bodies corporate; or\n(g) a relationship of a kind prescribed by regulation exists\nbetween them; or\n(h) a chain of relationships can be traced between them under\nany one or more of paragraphs (a) to (g).\nbeneficiary, of a trust, includes an object of a discretionary trust.\nrelated body corporate, see section 9 of the Corporations\nAct 2001 (Cth).\n","sortOrder":386},{"sectionNumber":"283F","sectionType":"section","heading":"Qualified person may direct information to be provided","content":"283F Qualified person may direct information to be provided\nA qualified person preparing or reviewing specified information or a\nspecified report under section 283B may direct the mining operator,\nor another person, to provide all relevant information to the qualified\nperson to carry out the preparation or review of the specified\ninformation or specified report.\n","sortOrder":387},{"sectionNumber":"283G","sectionType":"section","heading":"Declarations in relation to information prepared or reviewed by","content":"283G Declarations in relation to information prepared or reviewed by\nqualified person\nIf specified information or a specified report given to the Minister\nhas been prepared or reviewed by a qualified person as required by\nthe Minister, the information or report given to the Minister must be\naccompanied by:\n(a) a declaration signed by the person stating that the person:\n(i) has not knowingly given any false or misleading\ninformation to the qualified person; and\n\nEnvironment Protection Act 2019 248\n(ii) has given all relevant information to the qualified person;\nand\n(b) a declaration signed by the qualified person certifying that:\n(i) the information or report prepared by the qualified\nperson or the report of the review by the qualified person\nis accurate; and\n(ii) the qualified person has not knowingly included any\nfalse or misleading information in the prepared\ninformation or report or the report of the review or failed\nto include any relevant information in the prepared\ninformation or report or the report of the review.\n","sortOrder":388},{"sectionNumber":"283H","sectionType":"section","heading":"Contravention of direction to provide relevant information –","content":"283H Contravention of direction to provide relevant information –\n(a) the person is given a direction under section 283F; and\n(b) the person contravenes that direction and is reckless in\nrelation to that circumstance.\n(a) the person is given a direction under section 283F; and\n\nEnvironment Protection Act 2019 249\n","sortOrder":389},{"sectionNumber":"283J","sectionType":"section","heading":"Offence if false or misleading information in report or missing","content":"283J Offence if false or misleading information in report or missing\ninformation\n(1) A qualified person commits an offence if:\n(a) the qualified person intentionally signs a declaration under\nsection 283G(b) in relation to specified information or a\nspecified report prepared by the qualified person; and\n(b) the information or report contains false or misleading\ninformation or does not contain all relevant information and\nthe qualified person is reckless in relation to that\ncircumstance.\nMaximum penalty: 500 penalty units or imprisonment for\n(2) Subsection (1) does not apply if the qualified person when giving\nthe information or report:\n(a) draws the false or misleading aspect of the information or\nreport to the Minister's attention; and\n(b) to the extent to which the qualified person can reasonably do\nso – gives the Minister or CEO the information necessary to\nremedy the false or misleading aspect of the information or\nreport.\n","sortOrder":390},{"sectionNumber":"284","sectionType":"section","heading":"Public register","content":"284 Public register\n(1) The CEO must keep a public register to provide a public record of\nprescribed activities, obligations, decisions and enforcement\nactions under this Act.\n(2) The public register must be kept in a form determined by the CEO.\n(3) The CEO must include in the public register the information\nrequired by regulation.\n\nEnvironment Protection Act 2019 250\n","sortOrder":391},{"sectionNumber":"Div 4A","sectionType":"division","heading":"Failure by decision-maker to meet specified time","content":"Division 4A Failure by decision-maker to meet specified time\nor publish decision or statement of reasons\n","sortOrder":392},{"sectionNumber":"284A","sectionType":"section","heading":"Failure of decision-maker to make decision or do thing within","content":"284A Failure of decision-maker to make decision or do thing within\nspecified time\n(1) A failure of a decision-maker to make a decision or do a thing under\nthis Act within a specified time does not invalidate the decision or\nthing done.\n(2) Subsection (1) does not affect the operation of section 74(2).\n","sortOrder":393},{"sectionNumber":"284B","sectionType":"section","heading":"Failure to publish decision or statement of reasons","content":"284B Failure to publish decision or statement of reasons\n(1) The failure of a decision-maker to publish a decision or a statement\nof reasons for a decision under this Act does not affect the validity\nof the decision.\n(2) A decision-maker may publish a decision or statement of reasons\neven if the required time for that publication has expired.\n","sortOrder":394},{"sectionNumber":"285","sectionType":"section","heading":"Direction notice","content":"285 Direction notice\n(1) The Minister may, by Gazette notice, direct proponents or approval\nholders to provide information for the following purposes:\n(a) to assist the environmental impact assessment process;\n(b) to assist the environmental approval process;\n(c) to assist the monitoring of actions;\n(d) to assist in identifying and understanding the current quality of\nthe environment;\n(e) to assist in identifying changes to the quality of the\nenvironment over time;\n(f) to assist in identifying and monitoring impacts on the\n(2) The notice must specify:\n(a) the time or times for providing the information; and\n(b) the periods to which the information must relate; and\n(c) the required methodology for collecting the information; and\n\nEnvironment Protection Act 2019 251\n(d) the required methods for reporting the information and the\nmethodology used; and\n(e) the person to whom the information must be provided; and\n(f) the prescribed matters.\n(3) The notice may make different directions for:\n(a) different classes of proponents or approval holders; or\n(b) different classes of actions; or\n(c) different parts of the Territory.\n","sortOrder":395},{"sectionNumber":"286","sectionType":"section","heading":"Methodologies","content":"286 Methodologies\n(1) The CEO or the NT EPA may specify methodologies to be used for\nsection 285.\n(2) A methodology may refer to a published standard.\n(3) The CEO or NT EPA must publish a methodology specified under\nthis section.\n","sortOrder":396},{"sectionNumber":"287","sectionType":"section","heading":"Proponent or approval holder to provide information","content":"287 Proponent or approval holder to provide information\n(1) A proponent or an approval holder commits an offence if the\nproponent or the approval holder contravenes a notice under\nsection 285.\n(5) Subsection (1) does not apply to a proponent or an approval holder\nin relation to information if an exemption is granted under\nsection 288 in relation to that information.\n\nEnvironment Protection Act 2019 252\n","sortOrder":397},{"sectionNumber":"288","sectionType":"section","heading":"Proponent or approval holder may seek exemption","content":"288 Proponent or approval holder may seek exemption\n(1) A proponent or an approval holder may, in writing, apply to the\nMinister for an exemption from compliance with a notice under\nsection 285 on the ground that it would be unreasonable for the\nproponent or approval holder to provide the required information.\n(2) The Minister may grant or refuse an application under\n(3) The Minister must refuse an application under subsection (1) unless\nthe Minister is satisfied that granting the exemption will not\n(4) The Minister must publish a decision under subsection (2) and the\nreasons for the decision as soon as practicable after the decision is\n","sortOrder":398},{"sectionNumber":"289","sectionType":"section","heading":"Publication of information","content":"289 Publication of information\nThe Minister or the CEO may publish any information provided by a\nproponent or an approval holder under this Division.\n","sortOrder":399},{"sectionNumber":"Div 6","sectionType":"division","heading":"Report by CEO","content":"Division 6 Report by CEO\n","sortOrder":400},{"sectionNumber":"290","sectionType":"section","heading":"CEO to report on enforcement and compliance","content":"290 CEO to report on enforcement and compliance\n(1) The CEO must publish a report on all enforcement measures and\ncompliance measures taken under this Act at least once in each\nyear.\n(2) The CEO may determine the form of the report which may include:\n(a) a separate published report; or\n(b) a report recorded on the public register; or\n(c) a report included in the annual report of the Agency.\n","sortOrder":401},{"sectionNumber":"291","sectionType":"section","heading":"Guidance documents","content":"291 Guidance documents\n(1) The Minister, the CEO and the NT EPA may publish guidance\ndocuments in relation to any requirements or processes under this\nAct.\n(2) The purpose of a guidance document is to provide advice on the\noperation of this Act.\n\nEnvironment Protection Act 2019 253\n(3) A guidance document must not be inconsistent with this Act.\n(4) A guidance document may refer to or adopt a published standard\nas in force from time to time.\n292 Approved forms\nThe CEO may approve forms for this Act.\nDivision 7A Analysts\n292A Meaning of analyst\n(1) Analyst means a person who:\n(a) is appointed as an analyst under subsection (2); or\n(b) holds a kind of accreditation, in relation to analysts, prescribed\nby regulation; or\n(c) is in a class of analysts prescribed by regulation.\n(2) The CEO may appoint a person who, in the CEO's opinion, is\nappropriately qualified, to be an analyst.\n(3) The regulations may prescribe:\n(a) kinds of accreditation in relation to analysts; or\n(b) classes of persons to be analysts.\n","sortOrder":402},{"sectionNumber":"293","sectionType":"section","heading":"Regulations","content":"293 Regulations\n(1) The Administrator may make regulations under this Act.\nNote for subsection (1)\nSee section 65 of the Interpretation Act 1978.\n(2) The regulations may deal with the following:\n(a) prescribe fees payable under this Act;\n(b) provide for the recovery of costs and expenses incurred by the\nMinister, the CEO or the NT EPA under or for this Act;\n(c) provide for an offence against a regulation to be an offence of\nstrict or absolute liability;\n\nEnvironment Protection Act 2019 254\n(d) for an offence against a regulation other than an offence of\nstrict liability or absolute liability – prescribe:\n(i) a fine not exceeding 200 penalty units; or\n(ii) an environmental penalty not exceeding environmental\npenalty level 3;\n(e) for an offence against a regulation that is an offence of strict\nliability or absolute liability – prescribe:\n(i) a fine not exceeding 100 penalty units; or\n(ii) an environmental penalty not exceeding environmental\npenalty level 3;\n(f) apply, adopt or incorporate (with or without changes) the\nwhole or part of a document as in force or existing at a\nparticular time or from time to time;\n(g) make different provision for different cases or class of case.\nDivision 1 Acts repealed\n","sortOrder":403},{"sectionNumber":"294","sectionType":"section","heading":"Acts repealed","content":"294 Acts repealed\nThe following Acts are repealed:\n(a) Environmental Assessment Act 1982 (Act No. 65 of 1982);\n(b) Environmental Assessment Amendment Act 1994 (Act No. 73\nof 1994).\n","sortOrder":404},{"sectionNumber":"295","sectionType":"section","heading":"Definitions","content":"295 Definitions\ncommencement means the commencement of section 294.\nformer Act means the Environmental Assessment Act 1982.\nformer procedures means the Environmental Assessment\nAdministrative Procedures 1984.\n\nEnvironment Protection Act 2019 255\nprescribed Act means:\n(aa) Energy Pipelines Act 1981; or\n(a) Mining Management Act 2001; or\n(b) Petroleum Act 1984; or\n(c) Planning Act 1999; or\n(d) Waste Management and Pollution Control Act 1998.\n","sortOrder":405},{"sectionNumber":"296","sectionType":"section","heading":"Saving of existing assessments commenced but not","content":"296 Saving of existing assessments commenced but not\ncompleted\n(1) Subject to this Division, if an assessment of a proposed action\ncommenced under the former Act but an assessment report was\nnot completed before the commencement, the former Act continues\nto apply to that assessment as if section 294 had not commenced.\n(2) For subsection (1), the former procedures continue to apply to the\nproposal as if:\n(a) section 294 had not commenced; and\n(b) any reference in the former procedures to \"days\" were a\nreference to \"business days\"; and\n(c) after clause 10A(1) there were inserted:\n\"(1A) Clauses 9 and 10 apply (with any necessary changes) in relation\nto a supplement prepared under subclause (2) as if:\n(a) the supplement were a report; and\n(b) any reference in clause 9(2)(b) to 28 days were a reference to\n15 business days\"; and\n(d) after clause 11(1) there were inserted:\n\"(1A) If a supplement is prepared after the commencement of section 294\nof the Environment Protection Act 2019, the reference in\nsubclause (1) to the period specified in the notice mentioned in\nclause 9(2)(b)(i) is a reference to that period as specified in relation\nto the supplement.\"; and\n(e) in clause 11(3)(a) after \"clause 9\" there were inserted\n\"(including any comments relating to a supplement)\".\n\nEnvironment Protection Act 2019 256\n","sortOrder":406},{"sectionNumber":"297","sectionType":"section","heading":"Termination of assessment under former Act","content":"297 Termination of assessment under former Act\n(a) an assessment process commenced in relation to a proposed\naction under the former Act before the commencement; and\n(b) the proponent had taken no steps or only limited steps in the\nassessment process before the commencement.\n(2) The NT EPA may terminate the assessment process under the\nformer Act if the NT EPA considers that continuing the assessment\nprocess is no longer appropriate because of the passage of time\nsince the assessment process commenced.\n(3) Before making a decision under subsection (2), the NT EPA must\ngive the proponent:\n(a) written notice of the proposed termination; and\n(b) an opportunity to make a submission in relation to the\nproposed termination.\n(4) If an assessment process is terminated under this section, this Act\napplies to the environmental impact assessment of the proposed\n(5) The NT EPA must give written notice to the Minister and to the\nresponsible Minister, as defined in section 3 of the former Act. of\nthe termination of an assessment process under this section.\n","sortOrder":407},{"sectionNumber":"298","sectionType":"section","heading":"Environmental audit","content":"298 Environmental audit\nPart 8, Divisions 1 and 2 and Part 9, Divisions 1 and 3 apply (with\nany necessary changes) in relation to:\n(a) an action assessed under the former Act before the\ncommencement as if it were an action referred under this Act;\nand\n(b) a proposed action that continues to be assessed under the\nformer Act after the commencement as if it were a proposed\naction referred under this Act.\n","sortOrder":408},{"sectionNumber":"299","sectionType":"section","heading":"Assessment report","content":"299 Assessment report\n(1) An assessment report prepared under the former Act before or after\nthe commencement is taken to be an assessment report for this\nAct.\n\nEnvironment Protection Act 2019 257\n(2) In subsection (1), an assessment report includes a report (however\ndescribed) prepared under the former Act on the completion of an\nassessment under that Act.\n","sortOrder":409},{"sectionNumber":"300","sectionType":"section","heading":"Assessment report completed under former Act before","content":"300 Assessment report completed under former Act before\n(b) either:\n(i) a statutory authorisation is required under a prescribed\nAct to permit the action; or\n(ii) an environmental (mining) licence is required under this\nAct to permit the action.\n(2) The proponent must notify the NT EPA under section 51(1) of a\nsignificant variation to the proposed action.\n(3) Sections 8A and 8B of the former Act continue to apply in relation to\nthe assessment report.\n","sortOrder":410},{"sectionNumber":"300A","sectionType":"section","heading":"Assessment report completed under former Act and action","content":"300A Assessment report completed under former Act and action\ncommenced before commencement\n(b) the proposed action had commenced before the\ncommencement; and\n(c) a statutory authorisation is not required under a prescribed Act\nto permit the proposed action.\n(2) The proponent must notify the NT EPA under section 51(1) of a\nsignificant variation to the proposed action.\n","sortOrder":411},{"sectionNumber":"301","sectionType":"section","heading":"Assessment report completed under former Act after","content":"301 Assessment report completed under former Act after\n(1) This section applies if an assessment report for a proposed action\nis completed under the former Act after the commencement.\n(2) An environmental approval is required under this Act for the\nproposed action.\n\nEnvironment Protection Act 2019 258\n","sortOrder":412},{"sectionNumber":"301A","sectionType":"section","heading":"Assessment report completed under former Act before, and","content":"301A Assessment report completed under former Act before, and\naction commenced after, commencement\n(b) the proposed action had not commenced before the\ncommencement; and\n(c) a statutory authorisation is not required under a prescribed Act\nto permit the action.\n(2) An environmental approval is required to be obtained under this Act\nbefore commencing the proposed action.\n","sortOrder":413},{"sectionNumber":"302","sectionType":"section","heading":"Process for environmental approval","content":"302 Process for environmental approval\n(1) For sections 301(2) and 301A(2), the NT EPA must:\n(a) provide the assessment report to the Minister; and\n(b) prepare a draft environmental approval for the proposed\naction in accordance with the regulations; and\n(c) provide the draft environmental approval to the Minister\ntogether with the assessment report in accordance with\nPart 5.\n(2) Subsection (1)(b) does not apply if the NT EPA:\n(a) prepares a statement of unacceptable impact in accordance\nwith the regulations; and\n(b) provides that statement to the Minister together with the\nassessment report in accordance with Part 5.\n\nEnvironment Protection Act 2019 259\n","sortOrder":414},{"sectionNumber":"Part 15","sectionType":"part","heading":"Transitional matters for Environment","content":"Part 15 Transitional matters for Environment\nProtection Legislation Amendment Act 2023\n","sortOrder":415},{"sectionNumber":"303","sectionType":"section","heading":"Definitions","content":"303 Definitions\nIn this Part:\namending Act means the Environment Protection Legislation\nAmendment Act 2023.\ncommencement means the day on which Part 4 of the amending\nAct commences.\ndeemed mining licence means an environmental (mining) licence\ncreated under section 304(1) or 308(4) and if that licence is varied\nunder section 304(2) or 308(6) that licence as so varied.\nexisting mining authorisation means an Authorisation granted\nunder Part 4 Division 2 of the former Mining Management Act that\nis in existence immediately before the commencement.\nexisting mining management plan means a mining management\nplan approved under Part 4, Division 2 of the former Mining\nManagement Act that is in existence immediately before the\nformer Mining Management Act means the Mining Management\nAct 2001 as in force before the commencement.\nmining waste means waste that comes into contact with water, or\nwater that is polluted, in the course of carrying out a mining activity.\nreplacement environmental (mining) licence means a\nreplacement environmental (mining) licence granted under\nsection 313.\ntransition period, in relation to a deemed mining licence, means\nthe period of operation of the licence set out in section 305.\n\nEnvironment Protection Act 2019 260\n","sortOrder":416},{"sectionNumber":"304","sectionType":"section","heading":"Existing mining authorisation and existing mining","content":"304 Existing mining authorisation and existing mining\nmanagement plan taken to be environmental (mining) licence\n(1) An existing mining authorisation and an existing mining\nmanagement plan relating to that authorisation are together taken\non and from the commencement to be an environmental (mining)\nlicence under this Act for the mining activity to which the\nauthorisation and plan relate.\n(2) If a deemed mining licence requires the submission or provision by\nthe mining operator of a revision of a document, report or plan or\nsecurity amount, the deemed mining licence is taken to be varied in\naccordance with the revised document, report, plan or security.\n","sortOrder":417},{"sectionNumber":"305","sectionType":"section","heading":"Duration of deemed mining licence","content":"305 Duration of deemed mining licence\n(1) Subject to this section, a deemed mining licence has effect for a\nperiod of 4 years from the commencement.\n(2) A deemed mining licence ceases to have effect before the end of\nthe 4 year period if:\n(a) it is cancelled or revoked; or\n(b) a replacement environmental (mining) licence is granted.\n(3) If an application for a replacement environmental (mining) licence is\nmade under this Division before the end of the 4 year period, the\ndeemed mining licence continues to have effect until the\nreplacement environmental (mining) licence is granted.\n(4) If the Minister commences a process under section 312(3) before\nthe end of the 4 year period for the grant of a replacement\nenvironmental (mining) licence, the deemed mining licence\ncontinues to have effect until the replacement environmental\n(mining) licence is granted.\n","sortOrder":418},{"sectionNumber":"306","sectionType":"section","heading":"Prohibition of variation of deemed mining licence","content":"306 Prohibition of variation of deemed mining licence\nExcept as provided in section 304(2) or 308, a deemed mining\nlicence cannot be varied so as to:\n(a) include a new mining activity; or\n\nEnvironment Protection Act 2019 261\n(b) amend an existing mining activity so as to substantially alter\nthe environmental impacts, risks, location or extent of the\n","sortOrder":419},{"sectionNumber":"307","sectionType":"section","heading":"Prohibition of transfer of deemed mining licence","content":"307 Prohibition of transfer of deemed mining licence\nA deemed mining licence cannot be transferred.\n","sortOrder":420},{"sectionNumber":"308","sectionType":"section","heading":"Pending applications for Authorisation","content":"308 Pending applications for Authorisation\n(1) This section applies to an application under the former Mining\nManagement Act made but not determined before the\ncommencement for the following:\n(a) the grant of an Authorisation;\n(b) the approval of a mining management plan;\n(c) the variation or revocation of an Authorisation;\n(d) the approval of an amendment to a mining management plan.\n(2) Subject to this section, the application must be determined as if the\nformer Mining Management Act had not been repealed.\n(3) For the determination of an application referred to in subsection (2):\n(a) the former Mining Management Act applies as if any reference\nto the Minister were a reference to the Minister administering\nthe Environment Protection Act 2019; and\n(b) the Minister administering the Environment Protection\nAct 2019 may have regard to, continue and complete any\nthing done by the Minister administering the former Mining\nManagement Act in relation to the application before the\n(4) The application must be determined within 2 years after the\n(5) If an application mentioned in subsection (1)(a) is granted, the\nAuthorisation is taken to be a deemed mining licence.\n(6) If an application mentioned in subsection (1)(b) is approved, the\napproved mining management plan is taken to be part of the\ndeemed mining licence to which it applies.\n(7) If an application for variation of an Authorisation mentioned in\nsubsection (1)(c) is granted, the deemed mining licence is taken to\nbe varied in accordance with that variation.\n\nEnvironment Protection Act 2019 262\n(8) If an application for revocation of an Authorisation mentioned in\nsubsection (1)(c) is granted, the deemed mining licence is revoked.\n(9) If an application mentioned in subsection (1)(d) is approved, the\nmining management plan in the deemed mining licence is taken to\nbe amended in accordance with that approval.\n","sortOrder":421},{"sectionNumber":"309","sectionType":"section","heading":"Existing security","content":"309 Existing security\nAny security held under the former Mining Management Act\nimmediately before the commencement in respect of an existing\nmining authorisation is taken on and after the commencement:\n(a) to be a mining security held under Part 7, Division 1A in\n(i) the deemed mining licence corresponding to that\nauthorisation; and\n(ii) an environmental (mining) licence granted after the\ncommencement for the mining activity to which the\ndeemed mining licence relates; and\n(b) to form part of the mining security account kept under that\nDivision; and\n(c) in the case of a security in the form of a bank guarantee – to\nbe an agreement entered into on behalf of the Territory for the\npurposes of section 37(a) of the Interpretation Act 1978.\n","sortOrder":422},{"sectionNumber":"310","sectionType":"section","heading":"Publication of deemed mining licences","content":"310 Publication of deemed mining licences\n(1) The Minister must publish the following details of each deemed\nmining licence:\n(a) details of the mining site to which the deemed mining licence\napplies;\n(b) the name of the mining operator;\n(c) a summary of the mining activities authorised under the\ndeemed mining licence unless the existing management plan\nis published or notified under subsection (2) or (3);\n(d) the amount of mining security held in relation to the mining\nactivities authorised under the deemed mining licence.\n(2) If an existing mining management plan that forms part of a deemed\nmining licence was published before the commencement, the\n\nEnvironment Protection Act 2019 263\nMinister must publish the existing mining management plan or\npublish information about where the existing mining management\nplan may be viewed.\n(3) If an existing mining management plan that forms part of a deemed\nmining licence was not published before the commencement, the\nMinister may, at the Minister’s discretion:\n(a) publish the existing mining management plan; or\n(b) direct a mining operator to publish the existing mining\nmanagement plan.\n","sortOrder":423},{"sectionNumber":"311","sectionType":"section","heading":"Cancellation of deemed mining licence","content":"311 Cancellation of deemed mining licence\n(1) A mining operator may apply to the Minister during the transition\nperiod to cancel a deemed mining licence.\n(2) An application must be in the approved form.\n. (3) The Minister may direct the mining operator to give the Minister,\nconsiders reasonably necessary to assess the proposed\ncancellation of the deemed mining licence to meet the objects of\n(4) The Minister may consider the application and decide:\n(a) to cancel the deemed licence; or\n(b) to refuse to cancel the deemed licence.\n(5) Before deciding to cancel a deemed mining licence, the Minister\nmust be satisfied that:\n(a) any environmental risks and impacts at the mining site have\nbeen appropriately avoided, mitigated and managed in\naccordance with the licence; and\n(b) all necessary remediation and rehabilitation actions have been\nundertaken at the mining site to comply with the licence; and\n(c) the cancellation will not undermine the objects of this Act.\n\nEnvironment Protection Act 2019 264\n","sortOrder":424},{"sectionNumber":"312","sectionType":"section","heading":"Replacement of deemed mining licence","content":"312 Replacement of deemed mining licence\n(1) A mining operator may apply to the Minister within the transition\nperiod to grant an environmental (mining) licence for a mining\nactivity in place of the deemed mining licence applying to that\n(2) An application must be in the approved form.\n(3) The Minister may, on the Minister’s own initiative, commence a\nprocess, within the transition period, to grant an environmental\n(mining) licence for a mining activity in place of the deemed mining\nlicence applying to that mining activity.\n(4) The Minister must give written notice to the mining operator of the\nMinister’s intention to commence a process to grant an\nenvironmental (mining) licence in place of the deemed mining\n(5) On an application under subsection (1) or the completion of a\nprocess referred to in subsection (3), the Minister must grant the\nmining operator a replacement environmental (mining) licence in\naccordance with this Subdivision.\n(6) A replacement environmental (mining) licence may be for a mining\nactivity relating to all or any of the following:\n(a) an exploration activity as set out in section 124M;\n(b) mining operations as set out in section 124N;\n(c) extractive operations as set out in section 124P.\n","sortOrder":425},{"sectionNumber":"313","sectionType":"section","heading":"Grant of replacement environmental (mining) licence","content":"313 Grant of replacement environmental (mining) licence\n(1) The Minister may grant a standard condition licence to the mining\noperator in place of a deemed mining licence if:\n(a) the Minister reasonably considers the mining activity meets\nthe risk criteria and that the mining operator is able to comply\nwith the standard conditions associated with the mining\nactivity for which the licence is to be granted; and\n(b) the mining operator consents to the grant of a standard\n\nEnvironment Protection Act 2019 265\n(2) The Minister may grant a modified condition licence in place of a\ndeemed mining licence if:\n(a) the Minister reasonably considers the mining activity meets\nthe risk criteria and that the mining operator is able to comply\nwith the standard conditions as modified for the mining\nactivity; and\n(b) the mining operator consents to the grant of a modified\n(3) In any other case, subject to section 314, the Minister may grant a\ntailored condition licence in place of a deemed mining licence on\nsubstantially the same terms and conditions and requirements that\napplied to the deemed mining licence.\n(4) In granting a replacement environmental (mining) licence under this\nsection, the Minister is not required to consider:\n(a) Part 2; or\n(b) the objects of this Act; or\n(c) whether the mining operator is a fit and proper person to hold\nan environmental (mining) licence.\n(5) The Minister is not required to:\n(a) publish an application under section 312 for a replacement\n(b) publish a notice of a proposal under section 312 to grant a\nreplacement environmental (mining) licence; or\n(c) publish an application under section 314 for a condition to be\nincluded in a replacement environmental (mining) licence.\n","sortOrder":426},{"sectionNumber":"314","sectionType":"section","heading":"Amendment of conditions for replacement environmental","content":"314 Amendment of conditions for replacement environmental\n(1) A mining operator may apply to the Minister to grant a modified\ncondition licence or tailored condition licence under section 313\nwith amended conditions.\n(2) The amended conditions may include conditions of a kind and to\nthe same effect as a condition mentioned in sections 124X\nto 124ZC.\n\nDivision 3 Waste Management and Pollution Control Act 1998\nEnvironment Protection Act 2019 266\n(3) The Minister may grant the modified condition licence or tailored\ncondition licence with the amendments sought in the application.\n(4) The Minister may, on the Minister’s own initiative, include in a\nmodified condition licence or a tailored condition licence a condition\nrequiring monitoring and reporting of specified matters and the\npublication of the results of the monitoring and reports.\n(5) After consulting with the mining operator, the Minister may, on the\nMinister’s own initiative, include in a modified condition licence or a\ntailored condition licence a condition referred to in section 124Z\nthat:\n(a) relates to a matter to which a permit, licence or other\nauthorisation under a prescribed enactment under\nsection 124Z applied immediately before the grant of the\nmodified condition licence or tailored condition licence; and\n(b) that imposes substantially the same requirements as that\npermit, licence or authorisation.\nDivision 3 Waste Management and Pollution Control Act 1998\n","sortOrder":427},{"sectionNumber":"315","sectionType":"section","heading":"Compliance plans approved before commencement","content":"315 Compliance plans approved before commencement\n(1) This section applies to a compliance plan that:\n(a) is approved under section 61 of the Waste Management and\nPollution Control Act 1998; and\n(c) relates to a mining operator and a mining activity.\n(2) The compliance plan has effect on and after the commencement as\nif:\n(a) the plan were an enforceable undertaking; and\n(b) any reference in the plan to the NT EPA were a reference to\nthe CEO.\n","sortOrder":428},{"sectionNumber":"316","sectionType":"section","heading":"Performance agreements","content":"316 Performance agreements\n(1) This section applies to a performance agreement that:\n(a) is entered into with a mining operator under section 66 of the\nWaste Management and Pollution Control Act 1998; and\n\nEnvironment Protection Act 2019 267\n(c) relates to a mining activity.\n(2) The performance agreement has effect on and after the\ncommencement as if:\n(a) the agreement were an enforceable undertaking; and\n(b) any reference in the agreement to the NT EPA were a\nreference to the CEO.\n","sortOrder":429},{"sectionNumber":"317","sectionType":"section","heading":"Pollution abatement notice","content":"317 Pollution abatement notice\n(1) This section applies to a pollution abatement notice that:\n(a) is issued to a mining operator under section 77 or 78 of the\nWaste Management and Pollution Control Act 1998; and\n(c) relates to a mining activity.\n(2) The pollution abatement notice has effect on and after the\ncommencement as if the notice were an environment protection\nnotice issued under this Act.\n","sortOrder":430},{"sectionNumber":"318","sectionType":"section","heading":"Written notice by Controller of Water Resources in relation to","content":"318 Written notice by Controller of Water Resources in relation to\nenvironmental matter\n(1) This section applies if a written notice served on a person by the\nController of Water Resources under section 20(5) of the Water\nAct 1992:\n(a) is in force immediately before the commencement; and\n(b) relates to a mining activity; and\n(c) relates to a kind of matter for which a direction can be given\nby an environmental officer under section 172 of this Act.\n(2) The written notice is taken on or after the commencement to be a\ndirection by an environmental officer under section 172 to the\nperson in relation to the environmental matter.\n\nEnvironment Protection Act 2019 268\n","sortOrder":431},{"sectionNumber":"319","sectionType":"section","heading":"Saving of existing waste discharge licences under section 74","content":"319 Saving of existing waste discharge licences under section 74\n(1) This section applies to a waste discharge licence granted under\nsection 74(1) of the Water Act 1992 that:\n(a) relates to mining waste; and\n(b) is in force immediately before the commencement.\n(2) Without limiting section 121 of the Water Act 1992 and subject to\nsubsection (3), the waste discharge licence continues in force and\nmay be renewed or a new waste discharge licence may be granted\nin its place as if section 230 of the amending Act had not\ncommenced.\n(3) The waste discharge licence or a new waste discharge licence\ngranted in its place ceases to have effect when the first of the\nfollowing occurs:\n(a) the waste discharge licence expires without being renewed or\na new waste discharge licence being granted in its place;\n(b) a deemed mining licence applying to the mining activity\nceases to have effect;\n(c) an environmental (mining) licence is granted for the mining\nactivity under Part 5A or section 313 of this Act.\n(4) Nothing in this section prevents an application for, and the granting\nof, an environmental (mining) licence under Part 5A or section 313\nof this Act before the expiry of the waste discharge licence.\n","sortOrder":432},{"sectionNumber":"320","sectionType":"section","heading":"Waste discharge licences issued under section 74 after","content":"320 Waste discharge licences issued under section 74 after\n(1) Without limiting section 121 of the Water Act 1992, a waste\ndischarge licence may be granted under section 74(1) of that Act\nafter the commencement in relation to mining waste that relates to\na mining activity to which a deemed mining licence applies as if\nsection 230 of the amending Act had not commenced.\n(2) A waste discharge licence may be granted under section 74(1) of\nthat Act after the commencement in relation to mining waste that\nrelates to a mining activity for which an application to which\nsection 308 applies is still pending as if section 230 of the\namending Act had not commenced.\n\nEnvironment Protection Act 2019 269\n(3) Subject to subsection (4), a waste discharge licence referred to in\nsubsection (1) or (2) is in force and may be renewed or a new\nwaste discharge licence may be granted in its place as if\nsection 230 of the amending Act had not commenced.\n(4) A waste discharge licence referred to in subsection (1) or (2) or a\nnew waste discharge licence granted in its place ceases to have\neffect when the first of the following occurs:\n(a) the waste discharge licence expires without being renewed or\na new waste discharge licence being granted in its place;\n(b) a deemed mining licence applying to the mining activity\nceases to have effect;\n(c) an environmental (mining) licence is granted for the mining\nactivity under Part 5A or section 313 of this Act.\n(5) Nothing in this section prevents an application for, and the granting\nof, an environmental (mining) licence under Part 5A or section 313\nof this Act before the expiry of the waste discharge licence.\n\nEnvironment Protection Act 2019 270\nsection 277\nItem Reviewable decision Affected person\n1 A decision of the CEO to give a direction\nto carry out an environmental audit under\nsection 142\n2 A decision of an environmental officer to\nissue a direction under section 172\n3 A decision of the CEO to issue an\nenvironment protection notice under\nsection 176(1) or (2) or an emergency\nenvironment protection notice under\nsection 182 or 182A\n4 A decision of an environmental officer to\nissue an emergency environment\nprotection notice under section 183\n5 A decision to lodge a copy of an\nenvironment protection notice with the\nRegistrar-General under section 185\nAn owner or occupier of\nthe land\n6 A decision of the CEO to issue a\nmonitoring and management notice\nunder section 199, 199A or 199AB\n7 A decision to lodge a copy of a\nmonitoring and management notice with\nthe Registrar-General under section 202\nAn owner or occupier of\nthe land\n8 A decision of the CEO to impose a\ncondition on an emergency authorisation\nissued under section 223\nemergency authorisation\nis issued\n9 A decision of the CEO to refuse to issue\nan emergency authorisation under\nsection 223\nThe applicant for the\nauthorisation\n10 A decision of the CEO to give a direction\nunder section 244\n\nEnvironment Protection Act 2019 271\nItem Reviewable decision Affected person\n11 A decision under this Act prescribed by\nregulation\nA person prescribed by\nregulation in relation to\nthat decision\n\nEnvironment Protection Act 2019 272\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nEnvironment Protection Act 2019 (Act No. 31, 2019)\nAssent date 9 October 2019\nCommenced 28 June 2020 (Gaz G17, 29 April 2020, p 2)\nStatute Law Revision and Repeals Act 2019 (Act No. 33, 2019)\nAssent date 6 November 2019\nCommenced pts 2 and 3: 11 December 2019 (Gaz G50,\n11 December 2019, p 2); rem: 7 November 2019 (s 2)\nEnvironment Protection Legislation Amendment (Chain of Responsibility) Act 2022\n(Act No. 32, 2022)\nAssent date 16 December 2022\nCommenced 1 March 2024 (Gaz G4, 15 February 2024, p 1)\nAmending Legislation\nEnvironment Protection Legislation Amendment Act 2023 (Act No. 34, 2023)\nAssent date 6 December 2023\nCommenced pt 1, pt 3, div 1, ss 207 and 219 and\npt 5: 7 December 2023 (s 2(1)); pt 3, div 2:\n1 March 2024 (s 2(2), s 2 Environment Protection\nLegislation Amendment (Chain of Responsibility)\nAct 2022 (Act No. 32, 2022) and (Gaz G4,\n15 February 2024, p 1); pt 4: 1 July 2024 (Gaz G4,\n15 February 2024, p 2); rem: 1 March 2024 (Gaz G4,\n15 February 2024, p 2)\n\nEnvironment Protection Act 2019 273\nEnvironment Protection Legislation Amendment Act 2023 (Act No. 34, 2023)\nAssent date 6 December 2023\nCommenced pt 1, pt 3, div 1, ss 207 and 219 and pt 5: 7 December 2023\n(s 2(1)); pt 3, div 2: 1 March 2024 (s 2(2), s 2 Environment\nProtection Legislation Amendment (Chain of Responsibility)\nAct 2022 (Act No. 32, 2022) and (Gaz G4, 15 February 2024,\np 1); pt 4: 1 July 2024 (Gaz G4, 15 February 2024, p 2);\nrem: 1 March 2024 (Gaz G4, 15 February 2024, p 2)\nStatute Law Revision and Repeals Act 2026 (Act No. 3, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n3 LIST OF AMENDMENTS\ns 3 amd No. 34, 2023, s 133\ns 4 amd No. 32, 2022, s 4; No. 34, 2023, ss 4 and 134; No. 3, 2026, s 64\ns 7 amd No. 34, 2023, s 135\ns 12 amd No. 34, 2023, s 5\ns 13A ins No. 34, 2023, s 136\ns 18A ins No. 34, 2023, s 6\ns 32 amd No. 34, 2023, s 93\ns 40 amd No. 34, 2023, s 7\npt 3\ndiv 3 hdg ins No. 34, 2023, s 8\ns 41A ins No. 34, 2023, s 8\ns 43 amd No. 34, 2023, s 9\ns 44 amd No. 34, 2023, s 10\ns 45 amd No. 34, 2023, s 11\ns 46 amd No. 34, 2023, s 12\ns 47 amd No. 34, 2023, s 13\ns 50 amd No. 34, 2023, s 14\ns 51 amd No. 34, 2023, s 15\ns 51A ins No. 34, 2023, s 16\ns 52 amd No. 34, 2023, s 17\ns 53 amd No. 34, 2023, s 18\ns 55 amd No. 34, 2023, s 19\ns 56 amd No. 34, 2023, s 20\ns 58 amd No. 34, 2023, s 21\ns 59 amd No. 34, 2023, s 22\ns 59A ins No. 34, 2023, s 23\ns 61 amd No. 34, 2023, s 24\ns 62 amd No. 34, 2023, s 25\ns 62A ins No. 34, 2023, s 26\ns 63 amd No. 34, 2023, s 27\ns 64 amd No. 34, 2023, s 28\ns 66 amd No. 34, 2023, s 29\ns 67 amd No. 34, 2023, s 30\ns 73 amd No. 34, 2023, s 31\ns 74 amd No. 34, 2023, s 32\ns 76 amd No. 34, 2023, s 33\ns 84 amd No. 34, 2023, s 34\ns 85 amd No. 34, 2023, s 35\ns 86 amd No. 34, 2023, s 36\ns 88 amd No. 34, 2023, s 37\ns 94 amd No. 34, 2023, s 38\n\nEnvironment Protection Act 2019 274\npt 5\ndiv 7A hdg ins No. 34, 2023, s 39\nss 95A – 95B ins No. 34, 2023, s 39\ns 97A ins No. 34, 2023, s 40\ns 101 amd No. 34, 2023, s 41\ns 102A ins No. 34, 2023, s 42\ns 105A ins No. 34, 2023, s 43\ns 106 amd No. 34, 2023, s 44\ns 107 amd No. 34, 2023, s 45\ns 113 amd No. 34, 2023, s 46\ns 121 amd No. 34, 2023, s 47\ns 123 amd No. 34, 2023, s 48\ns 124 amd No. 34, 2023, s 49\npt 5A hdg ins No. 34, 2023, s 137\ndiv 1 hdg ins No. 34, 2023, s 137\nss 124A –\n124C ins No. 34, 2023, s 137\ndiv 2 hdg ins No. 34, 2023, s 137\nss 124D –\n124E ins No. 34, 2023, s 137\ndiv 3 hdg ins No. 34, 2023, s 137\nss 124F –\n124J ins No. 34, 2023, s 137\ndiv 4 hdg ins No. 34, 2023, s 137\nsdiv 1 hdg ins No. 34, 2023, s 137\nss 124K –\n124S ins No. 34, 2023, s 137\nsdiv 2 hdg ins No. 34, 2023, s 137\nss 124T –\n124ZC ins No. 34, 2023, s 137\nsdiv 3 hdg ins No. 34, 2023, s 137\nss 124ZD –\n124ZS ins No. 34, 2023, s 137\nsdiv 4 hdg ins No. 34, 2023, s 137\nss 124ZT –\n124ZZA ins No. 34, 2023, s 137\nsdiv 5 hdg ins No. 34, 2023, s 137\nss 124ZZB –\n124ZZG ins No. 34, 2023, s 137\nsdiv 6 hdg ins No. 34, 2023, s 137\nss 124ZZH –\n124ZZM ins No. 34, 2023, s 137\n\nEnvironment Protection Act 2019 275\nsdiv 7 hdg ins No. 34, 2023, s 137\nss 124ZZN –\n124ZZV ins No. 34, 2023, s 137\ndiv 5 hdg ins No. 34, 2023, s 137\nss 124ZZW –\n124ZZY ins No. 34, 2023, s 137\ndiv 6 hdg ins No. 34, 2023, s 137\nss 124ZZZ –\n124ZZZA ins No. 34, 2023, s 137\ndiv 7 hdg ins No. 34, 2023, s 137\ndiv 7\nsdiv 1 hdg ins No. 34, 2023, s 137\nss 124ZZZB –\n124ZZZC ins No. 34, 2023, s 137\ndiv 7\nsdiv 2 hdg ins No. 34, 2023, s 137\nss 124ZZZD –\n124ZZZE ins No. 34, 2023, s 137\npt 5B hdg ins No. 34, 2023, s 137\npt 5B\ndiv 1 hdg ins No. 34, 2023, s 137\ns 124ZZZF ins No. 34, 2023, s 137\npt 5B\ndiv 2 hdg ins No. 34, 2023, s 137\nss 124ZZZG –\n124ZZZM ins No. 34, 2023, s 137\npt 5C hdg ins No. 34, 2023, s 137\nss 124ZZZN –\n124ZZZV ins No. 34, 2023, s 137\ns 125 amd No. 34, 2023, s 50\ns 128 amd No. 34, 2023, s 51\ns 129 amd No. 34, 2023, ss 52 and 138\ns 131 amd No. 34, 2023, s 53\ns 132 amd No. 34, 2023, s 54\npt 7\ndiv 1A hdg ins No. 34, 2023, s 139\nss 132A –\n132F ins No. 34, 2023, s 139\ns 140 amd No. 34, 2023, s 140\ns 141 amd No. 34, 2023, s 141\ns 142 amd No. 34, 2023, ss 55 and 142\ns 148 amd No. 34, 2023, s 143\ns 149 amd No. 34, 2023, s 144\ns 150 amd No. 34, 2023, s 56\ns 153 amd No. 34, 2023, s 57\ns 163 amd No. 34, 2023, s 145\npt 9\nsdiv 1 hdg ins No. 32, 2022, s 5\ns 176 amd No. 32, 2022, s 6; No. 34, 2023, s 146\ns 177 amd No. 34, 2023, s 147\n\nEnvironment Protection Act 2019 276\ns 178 amd No. 34, 2023, s 58\ns 181 amd No. 34, 2023, s 59\ns 182 amd No. 34, 2023, s 148\ns 182A ins No. 34, 2023, s 60\ns 183 amd No. 32, 2022, s 7\npt 9\nsdiv 2 hdg ins No. 32, 2022, s 8\nss 192A –\n192J ins No. 32, 2022, s 8\npt 9\ndiv 2A hdg ins No. 32, 2022, s 8\npt 9\nsdiv 1 hdg ins No. 32, 2022, s 8\ns 192K ins No. 32, 2022, s 8\ns 192L ins No. 32, 2022, s 8 as amended by No. 34, 2023, s 128\nss 192M –\n192N ins No. 32, 2022, s 8\npt 9\nsdiv 2 hdg ins No. 32, 2022, s 8\nss 192P –\n192X ins No. 32, 2022, s 8\npt 9\nsdiv 3 hdg ins No. 32, 2022, s 8\nss 192Y –\n192Z ins No. 32, 2022, s 8 as amended by No. 34, 2023, s 128\ns 194 amd No. 34, 2023, s 61\npt 9\ndiv 4 hdg sub No. 34, 2023, s 62\ns 199 sub No. 34, 2023, s 62\ns 199A ins No. 34, 2023, s 62\ns 199AB ins No. 34, 2023, s 149\ns 199B ins No. 34, 2023, s 62\namd No. 34, 2023, s 150\ns 200 amd No. 34, 2023, s 63\ns 201 amd No. 34, 2023, s 64\ns 202 amd No. 34, 2023, s 65\ns 203 amd No. 34, 2023, s 66\ns 204 amd No. 34, 2023, ss 67 and 151\ns 205 amd No. 34, 2023, s 68\ns 207 amd No. 34, 2023, s 69\ns 208 amd No. 34, 2023, s 70\ns 209 amd No. 34, 2023, s 71\ns 210 amd No. 34, 2023, s 72\npt 9\ndiv 5\nsdiv 1 hdg ins No. 34, 2023, s 152\ns 210A ins No. 34, 2023, s 152\ns 211 amd No. 34, 2023, s 153\ns 212 amd No. 34, 2023, s 154\ns 213 amd No. 34, 2023, s 155\ns 214 amd No. 34, 2023, s 156\npt 9\ndiv 5\nsdiv 2 hdg ins No. 34, 2023, s 157\n\nEnvironment Protection Act 2019 277\nss 214A –\n214E ins No. 34, 2023, s 157\ns 214F ins No. 34, 2023, s 158\ns 215 amd No. 32, 2022, s 9; No. 34, 2023, s 159\ns 216 amd No. 32, 2022, s 10; No. 34, 2023, s 160\ns 217 amd No. 32, 2022, s 11; No. 34, 2023, s 161\ns 218 amd No. 32, 2022, s 12; No. 34, 2023, s 162\ns 219 amd No. 32, 2022, s 13; No. 34, 2023, s 163\ns 220 amd No. 34, 2023, s 164\ns 223 amd No. 34, 2023, s 165\npt 9\nsdiv 1 hdg ins No. 34, 2023, s 166\ns 224 sub No. 34, 2023, s 166\npt 9\nsdiv 2 hdg ins No. 34, 2023, s 166\ns 225 amd No. 34, 2023, s 167\ns 226 amd No. 34, 2023, s 168\ns 227 amd No. 34, 2023, s 169\ns 228 sub No. 34, 2023, s 170\ns 228A ins No. 34, 2023, s 170\ns 229 amd No. 34, 2023, s 171\npt 9\nsdiv 3 hdg ins No. 34, 2023, s 172\nss 229A –\n229F ins No. 34, 2023, s 172\ns 244A ins No. 34, 2023, s 73\ns 246 amd No. 34, 2023, s 74\ns 249 amd No. 34, 2023, s 75\ns 254 amd No. 34, 2023, s 76\npt 11\ndiv 1AA hdg ins No. 34, 2023, s 77\ns 259A ins No. 34, 2023, s 77\ns 260 amd No. 34, 2023, s 173\ns 264 amd No. 34, 2023, s 174\ns 264A ins No. 34, 2023, s 175\ns 265 amd No. 32, 2022, s 14; No. 34, 2023, s 78\ns 269 amd No. 34, 2023, ss 79 and 176\ns 270 amd No. 34, 2023, s 80\ns 274A ins No. 34, 2023, s 81\ns 274B ins No. 34, 2023, s 81\namd No. 34, 2023, s 177\ns 274C ins No. 34, 2023, s 81\ns 276 amd No. 34, 2023, s 178\ndiv 2A hdg ins No. 34, 2023, s 82\ns 280A ins No. 34, 2023, s 82\ns 281 amd No. 34, 2023, ss 83 and 179\ndiv 3A hdg ins No. 34, 2023, s 180\nss 283A –\n283J ins No. 34, 2023, s 180\ndiv 4A hdg ins No. 34, 2023, s 84\nss 284A –\n284B ins No. 34, 2023, s 84\n\nEnvironment Protection Act 2019 278\ndiv 7A hdg ins No. 34, 2023, s 85\ns 292A ins No. 34, 2023, s 85\ns 293 amd No. 34, 2023, s 93\ns 295 amd No. 34, 2023, s 86\ns 299 amd No. 34, 2023, s 87\ns 300 amd No. 34, 2023, ss 88 and 181\ns 300A ins No. 34, 2023, s 89\ns 301A ins No. 34, 2023, s 90\ns 302 amd No. 34, 2023, s 91\npt 15 hdg exp No. 31, 2019, s 342\ndiv 1 hdg exp No. 31, 2019, s 342\ns 303 rep No. 31, 2019, s 303(5)\ndiv 2 hdg exp No. 31, 2019, s 342\nsdiv 1 hdg ins No. 34, 2023, s 182\nss 304 – 311 exp No. 31, 2019, s 342\nsdiv 1 hdg ins No. 34, 2023, s 182\nss 312 – 314 exp No. 31, 2019, s 342\ndiv 3 hdg exp No. 31, 2019, s 342\nss 315 – 317 exp No. 31, 2019, s 342\ndiv 4 hdg exp No. 31, 2019, s 342\nss 318 – 319 exp No. 31, 2019, s 342\ndiv 5 hdg exp No. 31, 2019, s 342\ndiv 6 hdg exp No. 31, 2019, s 342\nss 320 – 326 exp No. 31, 2019, s 342\ndiv 7 hdg exp No. 31, 2019, s 342\nss 327 – 329 exp No. 31, 2019, s 342\ndiv 8 hdg exp No. 31, 2019, s 342\nss 330 – 331 exp No. 31, 2019, s 342\ndiv 9 hdg exp No. 31, 2019, s 342\nss 332 – 333 exp No. 31, 2019, s 342\ndiv 10 hdg exp No. 31, 2019, s 342\nss 334 – 335 exp No. 31, 2019, s 342\ndiv 11 hdg exp No. 31, 2019, s 342\n\nEnvironment Protection Act 2019 279\nss 336 – 340 exp No. 31, 2019, s 342\ns 341 amd No. 33, 2019, s 50\nexp No. 31, 2019, s 342\ndiv 12 hdg exp No. 31, 2019, s 342\ns 342 exp No. 31, 2019, s 342\nsch amd No. 32, 2022, s 15; No. 34, 2023, s 92\nsub No. 34, 2023, s 183","sortOrder":433}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Since the Act's original EIA-focused framing (2019), subsequent amendments (notably 2022 and 2023) have materially expanded its scope from an environmental impact assessment and approval statute into a comprehensive regulatory regime for mining activities and extended enforcement reach.  The additions include a full environmental (mining) licensing scheme with mining security and tailored/standard conditions (Part 5A, ss124K–124ZN; ss132A–132F), a chain‑of‑responsibility regime allowing compliance notices to related persons (ss192K–192Z), and new financial instruments (levy, funds, bonds) and closure/certificate mechanisms that allocate long‑term site liabilities (ss128–136; ss212–214E).  These changes move the Act well beyond procedural EIA into ongoing operational regulation, financial assurance, and extended private‑party liability, shifting administrative and compliance costs onto industry while creating contingent fiscal liabilities for the Territory where closure certificates transfer residual liability (s214E)."},"complexity_factors":["Length: entire statutory code with 334+ sections, many Parts and Divisions","Large interpretation/definitions section with many cross‑referenced defined terms (s4: dozens of definitions)","Extensive mining-specific regime added (Part 5A) with its own licensing, security and performance program rules","Multiple offence tiers, strict‑liability provisions and alternative verdict mapping (many sections in Part 9–11)","Chain‑of‑responsibility rules introducing factual, multi‑factor tests for \"related person\" status (ss192K–192N)","Numerous conditional timelines and 'required time' calculations (eg. s74, s77, s124ZM) with stop/cease provisions during consultations","Heavy use of delegated rule‑making and ministerial/Gazette instruments (referral triggers, risk criteria, standard conditions, methodologies, regulations)","Nested exceptions and transitional provisions linking to repealed Acts (Parts 14–15), and interactions with other Commonwealth/territory statutes (Mineral Titles Act, Corporations Act, Atomic Energy Act)","Multiple enforcement mechanisms (criminal, civil penalty, administrative notices, enforceable undertakings, recovery of costs) overlapping in scope"],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes a Territory-wide framework for environmental impact assessment (EIA), environmental approvals and compliance (Part 4; Part 5).  The Northern Territory Environment Protection Authority (NT EPA) assesses referred projects and prepares reports; the Minister decides whether to grant or refuse environmental approvals (ss55–66; ss64–70).  Environmental approvals authorise actions subject to conditions and prevail over other statutory authorisations where inconsistent (s91–93; s92).\n\n- Creates a separate, detailed licensing and duty regime for mining activities (Part 5A).  Mining operators and title holders must comply with general obligations, hold environmental (mining) licences where required, and may be required to provide mining security (ss124A–124L; ss124S–124N; ss132A–132F).\n\n- Provides enforcement and compliance powers: appointment of environmental officers with broad powers to enter, inspect, seize and direct (Part 9, Div 1); a range of notices the CEO or NT EPA can issue (environment protection notices, emergency notices, monitoring & management notices, stop-work notices) with civil and criminal consequences for non-compliance (ss159–176; ss182–184; ss193–199).\n\n- Requires management systems, monitoring, audits and reporting for activity sites; gives the CEO power to require environmental audits and to accept enforceable undertakings (Part 8; ss141–156; ss214F–222).\n\n- Financially reallocates risk: permits the Minister to require environment protection bonds for approvals and mining security for licences, and establishes an environment protection levy and funds to pay for remediation and research (Part 7; ss128–136; ss132A–132F).\n\n- Extends liability beyond the immediate operator through a chain-of-responsibility regime that allows compliance notices to be issued to related persons of high-risk entities (Division 2A; ss192K–192Z). \n\n- Provides closure/certificate mechanisms that, if issued, transfer long-term liability for a site to the Territory (action closure and mining closure certificates) (ss212–214E).\n\n- Includes transition rules bringing some functions formerly managed under other Acts (eg. Mining Management Act, Waste Management Act) into this Act (Part 14–15).\n\nWho it affects\n\n- Proponents, approval holders and applicants for environmental approvals (Part 4–5).  \n- Mining sector participants: title holders, mining operators, contractors, workers and transferees (Part 5A). \n- Related persons of high-risk entities (owners, holding companies, associated entities) who can be issued compliance notices (ss192M–192N). \n- Public authorities: NT EPA (assessment), the Minister (decisions and declarations), and the CEO (enforcement) (ss63–69; ss68–80; ss159–163). \n- Owners and occupiers of land who may be bound by recorded notices, and Aboriginal communities (consultation duties, s3(e); consultation requirements in s43).\n\nWhy it matters (purpose claims and practical tests)\n\n- The Act is designed to protect the Territory environment by preventing unacceptable impacts through upfront assessment, conditions and financial securities (s3; s42; s84; s128).  That design shifts some future remediation costs onto proponents and mining operators through bonds and mining security (ss128–132; ss132A–132F).\n\n- The Act centralises environmental decision-making and enforcement power with the Minister, NT EPA and CEO (ss63–69; ss55–57; ss159–163).  Centralisation can create clearer, single-point decision-making but also concentrates discretionary authority and timing risk in the executive.  Many key operational details are left to regulation and Ministerial/Gazette instruments (eg. referral triggers, risk criteria, standard conditions, methodologies) (ss28–33; ss124T–124W; s293).\n\n- The Act increases compliance costs and regulatory complexity for business.  Mandatory management systems, reporting, independent reviews and audits raise ongoing costs (s124ZZZI; Part 8; ss283A–283J).  Mining-specific licensing and security rules create up‑front and ongoing financial obligations (ss124ZJ–124ZL; ss132C–132F).  Those costs are borne by approval holders and mining operators; a statutory levy (s133) spreads some costs to regulated classes of persons.\n\n- Enforcement is stronger and faster: strict-liability offences, stop-work and emergency notices, and powers to recover costs encourage prompt remediation but increase legal and operational risk for firms (eg. ss182–184; s193; s244A).  The chain-of-responsibility extends potential liability to related persons (ss192K–192N), which broadens the pool of financially responsible actors but may raise financing and investment caution.\n\n- The Act shifts some long-term risk to the Territory via closure certificates (ss213–214E).  Closure certificates transfer future liability to the Territory once the Minister is satisfied remediation and monitoring are complete — a valuable legal certainty for operators but an eventual fiscal contingent liability for government.\n\nConcrete mechanisms that change incentives\n\n- Environmental approval is a gating instrument: statutory authorisations can be suspended while EIA proceeds (ss58–59).  This encourages early referral and compliance.\n- Bonds, mining security and levies impose financial discipline and internalise remediation costs (ss128–132; ss132A–132F; s133).\n- Chain-of-responsibility and obligations on owners/occupiers/agents create incentives for active oversight of contractors and related entities (ss192M; ss263–267).\n\nPractical trade-offs and risks\n\n- Implementation and compliance burden: many delegated powers, standards and regulatory details are unresolved in primary text and require subordinate instruments (s293).  \n- Bureaucratic discretion and timing risk: numerous Minister/CEO decision points with statutory consultation but wide discretionary language (eg. grant, amend, revoke approvals) (ss69–76; ss106–113).  \n- Cost concentration: regulated operators face concentrated costs (bonds, security, reporting) while benefits of improved environmental outcomes are diffuse.\n- Investment effects: stronger liability and extended responsibilities may raise financing costs or shift project structure; chain-of-responsibility increases risk for related companies and financiers.\n\nKey sections to glance at for action and risk allocation: purpose and objects (s3); referral and EIA process (Part 4, ss48–57); Minister/NT EPA roles (ss63–70); environmental approvals and conditions (Part 5, ss84–94); mining licensing and security (Part 5A, ss124L–124ZN; ss132A–132F); enforcement and notices (Part 9, ss159–199); chain of responsibility (ss192K–192Z); bonds, levies, funds (Part 7, ss128–139); closure certificates (ss212–214E)."},"kimi_summary":{"_metrics":{"completionTokens":774},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2019 scope. The 2023 amendments (reflected in this February 2026 version) added an entirely new Part 5A for mining activities, replacing the repealed Mining Management Act 2001. This represents a major structural expansion from a general environmental assessment framework to a comprehensive dual-track system covering both general environmental approvals and mining-specific licensing. Additional complexity was introduced through the chain of responsibility provisions (Division 2A of Part 9) for petroleum activities, and extensive transitional arrangements for legacy mining sites."},"complexity_factors":["Extensive cross-referencing between Parts (e.g., Part 5A mining provisions interlock with Part 5 environmental approvals)","Multiple overlapping approval pathways (environmental approvals vs environmental mining licences vs strategic proposals)","Nested conditional logic throughout (e.g., sections 124ZJ-124ZL with three licence types each triggering different condition sets)","47+ defined terms in section 4 alone, many with their own sub-definitions","Complex temporal provisions (e.g., section 124ZM with 9 different prescribed periods depending on licence type and activity)","Strict liability offences with layered mental state requirements (intentional/reckless vs strict liability tiers)","Extensive transitional provisions in Parts 14-15 dealing with repealed legislation","Chain of responsibility provisions (Division 2A) creating liability for related persons of high-risk entities","Multiple review and appeal pathways (NTCAT, judicial review, show cause processes)","Conditions that can apply post-closure and post-revocation creating ongoing obligations"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's main environmental protection law. It sets up a comprehensive system to protect the environment while allowing development to proceed sustainably.\n\n**Key things the law covers:**\n\n- **Environmental Impact Assessment:** Before major projects (called \"actions\") can go ahead, they must be assessed for their environmental impact. The NT Environment Protection Authority (NT EPA) conducts these assessments and makes recommendations to the Minister.\n\n- **Environmental Approvals:** The Minister can grant, refuse, or amend approvals for projects based on the NT EPA's assessment. Approvals come with conditions that must be followed.\n\n- **Mining-specific rules:** Mining activities need special environmental (mining) licences with three types: standard, modified, or tailored conditions depending on risk. Mining operators must manage sites responsibly from exploration through to closure and rehabilitation.\n\n- **Protected areas and prohibited actions:** The Minister can declare protected environmental areas or prohibit certain activities entirely to safeguard sensitive environments.\n\n- **Enforcement tools:** The law gives regulators strong powers including:\n  - Environmental officers who can enter premises, inspect documents, and seize evidence\n  - Environment protection notices requiring specific actions\n  - Stop work notices to halt damaging activities\n  - Emergency powers for urgent environmental threats\n  - Civil and criminal penalties for breaches\n\n- **Financial safeguards:** Environment protection bonds and mining security ensure money is available for remediation if things go wrong.\n\n- **Community involvement:** Aboriginal people are recognised as stewards of their country, and the public must be consulted during assessment processes.\n\n**Who it affects:**\nAnyone proposing or carrying out developments, mining operations, or activities that could significantly impact the environment—including companies, government bodies, and individuals.\n\n**Why it matters:**\nThis law tries to balance economic development with environmental protection, ensuring that today's activities don't leave future generations with polluted land, water, or degraded ecosystems. It creates clear rules and accountability for environmental harm."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/environment-protection-act-2019","history":"/api/acts/environment-protection-act-2019/history","analysis":"/api/acts/environment-protection-act-2019/analysis","conflicts":"/api/acts/environment-protection-act-2019/conflicts","importantCases":"/api/acts/environment-protection-act-2019/important-cases","documents":"/api/acts/environment-protection-act-2019/documents"}}