{"id":"tas:sr-2019-074","name":"Environmental Management and Pollution Control (Amendment of Schedule 2) Order 2019","slug":"environmental-management-and-pollution-control-amendment-of-schedule-2-order-2019","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"74 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184614,"registerId":"tas-tas:sr-2019-074-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 2019](/view/html/inforce/2026-04-12/sr-2019-074) .","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 11 December 2019\n\nThis order is administered in the Department of Primary Industries, Parks, Water and Environment.","sortOrder":3}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This Order modifies the scope of the Principal Act by amending Schedule 2, thereby changing which items or activities are captured or treated differently under the Act. The Order does not set out the specific amendments in its text; those changes are incorporated into the authorised version of the Act (cl.4), so the precise change in regulatory scope must be read from the authorised Act."},"complexity_factors":["Procedural and brief: text contains only short commencement, title and incorporation clauses (clauses 1–4).","Substantive change not reproduced: the actual changes to Schedule 2 are not set out in this instrument, requiring consultation of the authorised Act to see details (cl.4).","Immediate commencement on Gazette notification increases implementation immediacy and reduces lead time for affected parties (cl.2).","Effect depends on Principal Act: legal consequences hinge on how Schedule 2 interacts with the Environmental Management and Pollution Control Act 1994.","No transitional, savings or explanatory provisions in the Order itself, so practical impact and compliance pathways are not described here."],"plain_english_summary":"This Order amends Schedule 2 of the Environmental Management and Pollution Control Act 1994, changing the statutory schedule that defines particular regulated items or obligations and therefore affecting persons and businesses subject to that Act. It comes into force on notification in the Gazette and is administered by the Department of Primary Industries, Parks, Water and Environment (cl.2).\n\nThe Order does not reproduce the schedule changes in its text; the amendment is incorporated into the authorised version of the Principal Act (cl.4). Which parties bear costs, what compliance duties arise, and how behaviour must change depend on the specific additions or removals made to Schedule 2."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Order appears to serve its stated and narrow purpose: amending Schedule 2 of the Environmental Management and Pollution Control Act. There is no evidence in the available text of scope creep or unintended expansion beyond updating a list of regulated activities. The instrument does exactly what its title describes."},"complexity_factors":["The Order is a narrow, technical instrument that amends a schedule rather than creating standalone law — its meaning depends on the parent Act","The actual substantive content of the amendment is not reproduced in the provided text, making full analysis impossible","Requires cross-referencing the parent Act (Environmental Management and Pollution Control Act 1994) to understand the regulatory context","Schedule amendments can have significant practical consequences for businesses despite appearing simple on their face","Low linguistic or structural complexity — it is an administrative order, not a complex legislative scheme"],"plain_english_summary":"This Tasmanian statutory instrument amends Schedule 2 of the Environmental Management and Pollution Control Act, which lists “level 2” regulated activities. By changing that list, it alters which industrial or commercial activities require environmental permits and oversight.\n\nThat can increase or reduce compliance obligations for businesses, shift enforcement responsibilities for EPA Tasmania, and change oversight affecting nearby landowners and communities. The actual impacts depend on which specific activities were added or removed."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information - Currency of version","severity":"low","reasoning":"While pre-dating of file preparation before gazettal is administratively common, the metadata as presented creates a minor logical tension: the authoritative file record shows a date that predates the instrument's own stated currency commencement. This could raise questions about whether the version accessed is truly the version that commenced on 11 December 2019 or a prior draft.","confidence":0.45,"description":"The instrument states it was 'file last modified 9 December 2019' but is described as 'Version current from 11 December 2019 to date'. The authorisation/modification date precedes the commencement date by 2 days, creating a temporal inconsistency where the file was finalised before it legally existed."},{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"low","reasoning":"A representation of currency qualified by 'usually updated within 3 working days' is logically incompatible with a simultaneous unqualified assertion that the version is current as at the access date. If the 3-working-day lag applies, the version accessed on 5 April 2026 could theoretically be up to 3 working days out of date, making the 'current to date' claim potentially false at the moment it is made.","confidence":0.6,"description":"The legislation states it is 'usually updated within 3 working days after a change to the legislation', yet simultaneously asserts the version is 'current to date (accessed 5 April 2026 at 17:08)'. These two claims are in tension: the 'usually' qualifier means the online version may not in fact be current at the time of access, undermining the reliability of the currency representation made in the same breath."},{"type":"impossible_compliance","section":"Entire document structure","severity":"high","reasoning":"An amending order with no operative amendment provisions is logically incoherent. Regulated parties, enforcement bodies, and courts cannot comply with, apply, or enforce an amendment that does not disclose its content. While this may be a document reproduction issue rather than a legislative drafting flaw, as presented the instrument is legally void of operative effect.","confidence":0.7,"description":"Substantive content of the amending order is entirely absent from the text provided. An instrument titled 'Amendment of Schedule 2' contains no Schedule 2, no amendment text, no operative provisions, and no indication of what is actually being amended in the Environmental Management and Pollution Control Act. The instrument appears to be a shell with no operative legal content."}],"contradictions":[{"severity":"low","section_a":"Status Information - File last modified 9 December 2019","section_b":"Status Information - Version current from 11 December 2019","confidence":0.5,"description":"The file modification date (9 December 2019) predates the commencement of the version's currency (11 December 2019) by two days. If the file was last modified on 9 December 2019, it logically cannot reflect any changes made between 9 December and 11 December 2019, yet it is held out as the authoritative version commencing 11 December 2019."},{"severity":"low","section_a":"Status Information - 'usually updated within 3 working days'","section_b":"Status Information - 'Version current from 11 December 2019 to date (accessed 5 April 2026 at 17:08)'","confidence":0.65,"description":"The qualified assurance of update timeliness ('usually within 3 working days') directly contradicts the unqualified assertion that the version is current as at the precise moment of access on 5 April 2026. The former introduces uncertainty; the latter asserts certainty. Both cannot simultaneously be fully true."}]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a standard amendment order with limited, specific scope. It does exactly what its title suggests—amends Schedule 2 of the Principal Act—and nothing more. There is no indication of scope creep."},"complexity_factors":["Extremely short (4 clauses, approximately 100 words)","No defined terms beyond standard legislative references","No conditional logic or exceptions","No cross-references to other legislation beyond naming the Principal Act and Rules Publication Act","The substantive amendment content is not actually included in the document—only a reference that it has been incorporated elsewhere"],"plain_english_summary":"This is a short, technical piece of Tasmanian subordinate legislation (a regulation) that makes a change to Schedule 2 of the Environmental Management and Pollution Control Act 1994.\n\n**What it does:**\n- Amends Schedule 2 of the main Act (the Principal Act)\n- The actual amendment itself has already been merged into the official version of the Act, so this order is essentially the formal record that the change happened\n\n**Who it affects:**\n- Anyone regulated under Tasmania's environmental protection laws, particularly those dealing with scheduled activities or environmental hazards listed in Schedule 2 of the Act\n- The Department of Primary Industries, Parks, Water and Environment (which administers this order)\n\n**Why it matters:**\nSchedule 2 typically lists activities or substances that require environmental permits or have specific pollution controls. Changes to this schedule can affect what businesses need approval for, what standards they must meet, or what fees they pay. However, because the actual amendment text isn't shown in this document (it just says the change has been \"incorporated\"), you'd need to check the current version of the Principal Act to see what specifically changed."}},"importantCases":[],"_links":{"self":"/api/acts/environmental-management-and-pollution-control-amendment-of-schedule-2-order-2019","history":"/api/acts/environmental-management-and-pollution-control-amendment-of-schedule-2-order-2019/history","analysis":"/api/acts/environmental-management-and-pollution-control-amendment-of-schedule-2-order-2019/analysis","conflicts":"/api/acts/environmental-management-and-pollution-control-amendment-of-schedule-2-order-2019/conflicts","importantCases":"/api/acts/environmental-management-and-pollution-control-amendment-of-schedule-2-order-2019/important-cases","documents":"/api/acts/environmental-management-and-pollution-control-amendment-of-schedule-2-order-2019/documents"}}