{"id":"tas:sr-2017-078","name":"Environmental Management and Pollution Control (Amendment of Schedule 2) Order 2017","slug":"environmental-management-and-pollution-control-amendment-of-schedule-2-order-2017","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"78 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":186110,"registerId":"tas-tas:sr-2017-078-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This order may be cited as the [Environmental Management and Pollution Control (Amendment of Schedule 2) Order 2017](/view/html/inforce/2026-04-12/sr-2017-078) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on the day on which its making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Principal Act","content":"### 3 Principal Act\n\n> In this order, the [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) is referred to as the Principal Act.","sortOrder":2},{"sectionNumber":"4.","sectionType":"section","heading":null,"content":"### 4.\n\n> The amendment effected by this clause has been incorporated into the authorised version of the [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) .\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 8 November 2017","sortOrder":3}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, this order appears to operate precisely within its stated purpose — amending Schedule 2 of the Environmental Management and Pollution Control Act. Amending schedule orders of this type are typically narrow and technical in scope. There is no evidence from the provided text of scope creep beyond updating the schedule of regulated activities."},"complexity_factors":["It is a short amending instrument rather than a standalone Act, limiting its self-contained complexity","Its effect depends entirely on understanding the parent Act (Environmental Management and Pollution Control Act) and the existing content of Schedule 2","The actual amendment content was not included in the provided text, making assessment of substantive complexity impossible","Regulatory scheduling systems can be technically complex for affected industries trying to determine compliance obligations","Cross-referencing with licensing and enforcement provisions of the parent Act is required to understand full consequences"],"plain_english_summary":"This Tasmanian government order amends Schedule 2 of the Environmental Management and Pollution Control Act, altering which activities are classified as \"level 2\" and therefore require environmental licences and regulation. It affects businesses, industries and individuals in Tasmania whose operations generate pollution or significant environmental impacts. The summary omits the specific additions or removals from Schedule 2, so the practical impact depends on those unprovided details."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version / Authorisation","severity":"low","reasoning":"While minor, this creates a logical oddity: the authoritative file was finalised before the instrument was legally operative. In practice this is administratively unremarkable, but it raises a question about what, if anything, changed between file modification and commencement, and whether the published version is identical to the authorised version.","confidence":0.6,"description":"The instrument states it is 'current from 8 November 2017 to date' but the file was last modified on 7 November 2017 — one day before it came into force. The authorisation predates the operative commencement date."},{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"low","reasoning":"Asserting currency 'to date' while simultaneously disclaiming that updates may be delayed by up to 3 working days is internally inconsistent. The instrument cannot simultaneously be guaranteed current and acknowledged to potentially be out of date.","confidence":0.7,"description":"The metadata states 'Legislation on this site is usually updated within 3 working days after a change to the legislation,' yet the version is described as current 'to date' (5 April 2026). This caveat implicitly acknowledges the published text may lag behind the actual law by up to 3 working days at any given moment, making the 'current to date' claim potentially false at the very moment of access."}],"contradictions":[{"severity":"low","section_a":"Status Information - Currency of version ('Version current from 8 November 2017 to date')","section_b":"Authorisation ('File last modified 7 November 2017')","confidence":0.6,"description":"The commencement date of the instrument (8 November 2017) post-dates the last recorded modification of the authoritative file (7 November 2017). The instrument purports to be operative from a date after its own finalisation, yet there is no indication of any intervening amendment between file modification and commencement."},{"severity":"low","section_a":"Status Information - Currency of version ('usually updated within 3 working days')","section_b":"Status Information - Currency of version ('Version current from 8 November 2017 to date (accessed 5 April 2026 at 17:39)')","confidence":0.7,"description":"The claim of currency 'to date' at the precise moment of access directly contradicts the acknowledged possibility of up to 3 working days' publication lag. These two statements cannot both be unconditionally true simultaneously."}]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard amendment instrument limited to updating Schedule 2 of the Principal Act. It does not expand the scope beyond the original purpose of the 1994 Act."},"complexity_factors":["Extremely short — only 4 clauses","No defined terms section (relies on Principal Act definitions)","Single substantive amendment already incorporated into principal legislation","No conditional logic or nested exceptions","Standard boilerplate commencement and citation clauses"],"plain_english_summary":"This is a short, technical piece of Tasmanian subordinate legislation (called a 'Order') that makes a change to Schedule 2 of the Environmental Management and Pollution Control Act 1994.\n\n**What it does:**\n- Updates a list or table in the main Act (Schedule 2) — though the specific change isn't shown in this document because it has already been merged into the main Act.\n\n**Who it affects:**\n- Anyone regulated under Tasmania's main environmental protection law — typically businesses, industrial operators, or developers who need environmental approvals.\n\n**Why it matters:**\n- Schedule 2 of the Act usually contains important details like: lists of prescribed activities (activities that need permits), environmental standards, or fees. Changes here can affect what activities need approval or what conditions apply.\n\n**Key point:** This document is essentially a 'notification' that a change was made. The actual content of the change lives in the updated Principal Act, not in this Order itself."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The Order formally changes the regulatory coverage of the Principal Act by amending Schedule 2, thereby altering which activities/items fall within the Act's scope (see cl.3 and the operation on Gazette notification in cl.2). The instrument does not state whether coverage is widened or narrowed; the practical direction of the scope change depends on the specific amendments made to Schedule 2."},"complexity_factors":["Narrow, procedural instrument that only amends a schedule rather than creating new regulatory regimes","Commencement is simple (on Gazette notification) — limited timing complexity (cl.2)","Relies on the Principal Act for substantive rules — understanding full effect requires cross-referencing Schedule 2 in the Principal Act (cl.3)","Clause noting incorporation into authorised version is administrative (cl.4)","Potential downstream complexity depends entirely on the unspecified content of the revised Schedule 2"],"plain_english_summary":"This Order amends Schedule 2 of the Environmental Management and Pollution Control Act 1994, changing which activities or items are subject to regulation. It takes effect on notification in the Gazette (cl.2) and is incorporated into the authorised Act (cl.4). The change affects businesses, landowners and other persons regulated under the Act: regulators decide the updated regulatory reach, and regulated parties bear any compliance, permitting or operational costs that follow from the revised Schedule."}},"importantCases":[],"_links":{"self":"/api/acts/environmental-management-and-pollution-control-amendment-of-schedule-2-order-2017","history":"/api/acts/environmental-management-and-pollution-control-amendment-of-schedule-2-order-2017/history","analysis":"/api/acts/environmental-management-and-pollution-control-amendment-of-schedule-2-order-2017/analysis","conflicts":"/api/acts/environmental-management-and-pollution-control-amendment-of-schedule-2-order-2017/conflicts","importantCases":"/api/acts/environmental-management-and-pollution-control-amendment-of-schedule-2-order-2017/important-cases","documents":"/api/acts/environmental-management-and-pollution-control-amendment-of-schedule-2-order-2017/documents"}}