{"id":"northern-territory-environment-protection-authority-act-2012","name":"Northern Territory Environment Protection Authority Act 2012","slug":"northern-territory-environment-protection-authority-act-2012","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30329,"registerId":"nt-northern-territory-environment-protection-authority-act-2012-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Northern Territory Environment Protection Authority Act 2012","content":"NORTHERN TERRITORY OF AUSTRALIA\nNORTHERN TERRITORY ENVIRONMENT PROTECTION\nAUTHORITY ACT 2012\nAs in force at 1 February 2022\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Act binds Crown .............................................................................. 2\n5 Application of Criminal Code ........................................................... 2\nPart 2 Northern Territory Environment Protection\nAuthority\nDivision 1 Establishment\n6 NT EPA established ........................................................................ 2\nDivision 2 Objectives, functions and powers of NT EPA\n7 Objectives ........................................................................................ 3\n8 Functions and powers ..................................................................... 3\n9 Independence .................................................................................. 4\nDivision 3 Constitution and membership\n10 Membership ..................................................................................... 4\n11 Chairperson ..................................................................................... 5\n12 Duration of appointment .................................................................. 5\n13 Leave of absence ............................................................................ 6\n13A Acting members............................................................................... 6\n14 Vacation of office ............................................................................. 6\n15 Termination of appointment ............................................................. 7\nDivision 4 Procedures of NT EPA\n16 Procedures ...................................................................................... 8\n17 Meetings .......................................................................................... 8\n18 Quorum at meetings ........................................................................ 8\n19 Presiding member at meetings ........................................................ 8\n20 Voting at meetings ........................................................................... 8\n21 Records of meetings........................................................................ 8\n22 Disclosure of interest ....................................................................... 8\n\nNorthern Territory Environment Protection Authority Act 2012 ii\n23 Effect of personal interest ................................................................ 9\n24 Limitation on challenge to decision of member .............................. 10\nPart 2A Statement of intent\n24A Statement of intent ........................................................................ 10\n24B Making statement .......................................................................... 11\n24C Publication ..................................................................................... 11\n24D Regard to statement of intent ........................................................ 11\nPart 3 Advice and reports of NT EPA\nDivision 1 Advice and reports on general matters\n25AA Regard to principles of ecologically sustainable development ....... 11\n25 Advice of NT EPA .......................................................................... 12\n26 Matters for consideration ............................................................... 12\n28 Environmental quality reports ........................................................ 13\n28A Reports on system of environmental management ....................... 13\n29 Availability of advice and reports ................................................... 13\n29A Response to advice or report......................................................... 14\nDivision 2 Advice on specific matters\n29B Advice of NT EPA on specific matters ........................................... 14\n29C Matters for consideration ............................................................... 14\n29D Availability of advice ...................................................................... 15\nDivision 3 Inquiries\n30 Conduct of inquiries ....................................................................... 15\nPart 4 Offences\n31 Misleading information ................................................................... 16\n32 Offence to disclose certain information .......................................... 17\nPart 5 Administrative matters\n33 Annual report ................................................................................. 18\n34 Guidelines...................................................................................... 18\n35 Protection from liability .................................................................. 19\n36 Delegation ..................................................................................... 19\n37 Staff and facilities for NT EPA ....................................................... 19\n38 Regulations.................................................................................... 19\nPart 6 Repeals\n39 Repeal ........................................................................................... 20\n\nNorthern Territory Environment Protection Authority Act 2012 iii\nPart 7 Transitional matters for Northern Territory\nEnvironment Protection Authority\nAmendment Act 2018\n40 Definitions ...................................................................................... 20\n41 Advice and reports of NT EPA ....................................................... 20\n42 Offences – before and after commencement................................. 20\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 February 2022\n____________________\nNORTHERN TERRITORY ENVIRONMENT PROTECTION AUTHORITY\nACT 2012\nAn Act to establish the Northern Territory Environment Protection\nAuthority, and for related purposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Northern Territory Environment\nProtection Authority Act 2012.\n2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n3 Definitions\nIn this Act:\nadvise includes make a recommendation.\nappointed member means a member appointed under\nsection 10(1)(a).\nchairperson means the person appointed to be chairperson of the\nNT EPA under section 11(1).\necologically sustainable development, see section 4 of the\nEnvironment Protection Act 2019.\nenvironment means all aspects of the surroundings of humans,\nincluding the physical, biological, economic, cultural and social\naspects.\nmember means a member of the NT EPA mentioned in\nsection 10(1).\n\nPart 2 Northern Territory Environment Protection Authority\nDivision 1 Establishment\nNorthern Territory Environment Protection Authority Act 2012 2\nNT EPA means the Northern Territory Environment Protection\nAuthority established by section 6.\nPlanning Commission means the Planning Commission\nestablished by section 81A of the Planning Act 1999.\nprinciples of ecologically sustainable development has the\nsame meaning as in the Environment Protection Act 2019.\nstatement of intent means a statement made under section 24B.\nNote for section 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n4 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.\n5 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 5\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart 2 Northern Territory Environment Protection\nAuthority\nDivision 1 Establishment\n6 NT EPA established\n(1) The Northern Territory Environment Protection Authority is\nestablished.\n(2) The NT EPA:\n(a) is a body corporate with perpetual succession; and\n(b) has a common seal; and\n\nPart 2 Northern Territory Environment Protection Authority\nDivision 2 Objectives, functions and powers of NT EPA\nNorthern Territory Environment Protection Authority Act 2012 3\n(c) is capable, in its corporate name, of:\n(i) acquiring, holding and disposing of real (including\nleasehold) and personal property; and\n(ii) suing and being sued; and\n(iii) entering into contracts.\n(3) All courts, judges and persons acting judicially are to take judicial\nnotice of the common seal of the NT EPA affixed to a document\nand are to assume that it was duly affixed.\nDivision 2 Objectives, functions and powers of NT EPA\n7 Objectives\nThe objectives of the NT EPA are the following:\n(a) to promote ecologically sustainable development;\n(b) to protect the environment, having regard to the need to\nenable ecologically sustainable development;\n(c) to promote effective waste management and waste\nminimisation strategies;\n(d) to enhance community and business confidence in the\nenvironmental protection regime of the Territory.\n8 Functions and powers\n(1) The functions of the NT EPA are:\n(a) to advise and report to the Minister under Part 3; and\n(b) to undertake functions associated with environmental\nassessments and the management of waste and pollution\nconferred on the NT EPA under this or any other Act; and\n(c) to perform any other functions conferred on it under this or any\nother Act.\n(2) The NT EPA has the powers necessary or convenient to perform its\nfunctions.\n(3) In exercising its powers and performing its functions, the NT EPA\nmust:\n(a) encourage community involvement and engagement; and\n\nPart 2 Northern Territory Environment Protection Authority\nDivision 3 Constitution and membership\nNorthern Territory Environment Protection Authority Act 2012 4\n(b) ensure the NT EPA's processes are transparent and\nconsistent in order to provide greater certainty for businesses\nand the community.\n9 Independence\n(1) The NT EPA is not subject to the direction or control of the Minister\nin the exercise of its powers or the performance of its functions.\n(2) A member is not subject to the direction or control of the Minister in\nthe exercise of the member's powers or the performance of the\nmember's functions.\nDivision 3 Constitution and membership\n10 Membership\n(1) The NT EPA consists of the following members:\n(a) at least 4 and not more than 7 members appointed by the\nAdministrator by Gazette notice;\n(b) the Chairperson of the Planning Commission.\n(2) The Administrator may appoint a person to be a member under\nsubsection (1)(a) only if:\n(a) the person is not a public sector employee; and\n(b) the Administrator is satisfied that the person has skills,\nknowledge and experience in one or more of the following\nareas:\n(i) environmental science;\n(ii) environmental and natural resource management;\n(iii) waste management and pollution control;\n(iv) economic analysis;\n(v) social analysis;\n(vi) business;\n(vii) environmental law;\n(viii) management in a regulatory field.\n\nPart 2 Northern Territory Environment Protection Authority\nDivision 3 Constitution and membership\nNorthern Territory Environment Protection Authority Act 2012 5\n(3) Before appointing a person to be a member, the Administrator:\n(a) may have regard to the person's skills, knowledge or\nexperience relating to one or more of the following:\n(i) regional areas and issues;\n(ii) indigenous issues;\n(iii) working with the community; and\n(b) must have regard to the range and level of skills, knowledge\nand experience required among the members of the NT EPA\nto enable it to exercise its powers and perform its functions\neffectively.\n11 Chairperson\n(1) The Administrator must appoint one of the appointed members to\nbe the chairperson of the NT EPA.\n(2) The Administrator may terminate the person's appointment as the\nchairperson without terminating the person's appointment as a\nmember.\n(3) The Minister may appoint another of the members to act in the\noffice of chairperson:\n(a) during a vacancy in the office; or\n(b) during a period when the chairperson is unable to perform the\nduties of the office.\n(4) However, the Minister may only appoint a person under\nsubsection (3):\n(a) for a single period not exceeding 6 months; or\n(b) for consecutive periods totalling not more than 6 months.\n12 Duration of appointment\n(1) An appointed member holds office:\n(a) for 3 years or the shorter period specified in the instrument of\nappointment; and\n(b) on the conditions determined by the Administrator.\n(2) The member is eligible for reappointment.\n\nPart 2 Northern Territory Environment Protection Authority\nDivision 3 Constitution and membership\nNorthern Territory Environment Protection Authority Act 2012 6\n13 Leave of absence\nThe NT EPA may grant a member leave of absence on conditions\ndetermined by the NT EPA for a period not exceeding 12 months.\n13A Acting members\n(1) If an appointed member is granted a leave of absence under\nsection 13, the Minister may appoint a person to act as the member\nduring the period of absence.\n(2) The Minister may appoint a person to act as an appointed member\nunder subsection (1) if:\n(a) the person is not a public sector employee; and\n(b) the Minister is satisfied that the person has skills, knowledge\nor experience similar to the appointed member for whom the\nperson is to act.\n(3) Before appointing a person to act as an appointed member under\nsubsection (1) the Minister:\n(a) may have regard to the criteria mentioned in section 10(3)(a);\nand\n(b) must have regard to the criteria mentioned in section 10(3)(b).\n(4) The Minister may only appoint a person under subsection (1):\n(a) for a single period not exceeding 12 months; or\n(b) for consecutive periods totalling not more than 12 months.\n(5) A person appointed to act as an appointed member is eligible for\nappointment as a member.\n14 Vacation of office\n(1) A person who is an appointed member ceases to be a member if:\n(a) the person resigns by giving written notice to the\nAdministrator; or\n(b) the person's term of office comes to an end and the person is\nnot reappointed; or\n(c) the person is convicted of an indictable offence or sentenced\nto imprisonment for an offence; or\n(d) the person becomes a public sector employee; or\n\nPart 2 Northern Territory Environment Protection Authority\nDivision 3 Constitution and membership\nNorthern Territory Environment Protection Authority Act 2012 7\n(e) the person's appointment is terminated under section 15.\n(2) The exercise of a power or the performance of a function by the NT\nEPA is not affected only by a vacancy in its membership.\n15 Termination of appointment\n(1) The Administrator may terminate the appointment of a person who\nis an appointed member:\n(a) on the ground of misbehaviour or misconduct; or\n(b) on the ground of physical or mental inability to satisfactorily\nperform the duties of the office; or\n(c) if the Administrator is satisfied the person has failed to comply\nwith section 22; or\n(d) if the person is absent from 3 consecutive meetings of the NT\nEPA without leave granted under section 13; or\n(da) if the person is, will be or is likely to be absent from duty for a\nperiod of more than 12 consecutive months, whether or not\nthe person has been granted leave under section 13; or\n(e) if the person is found guilty of an offence of such a nature that\nit would be inappropriate for the person to continue to be a\nmember; or\n(f) if the person:\n(i) becomes bankrupt; or\n(ii) applies to take the benefit of a law for the relief of\nbankrupt or insolvent debtors; or\n(iii) compounds with creditors or makes an assignment of\nthe person's remuneration for their benefit.\n(2) A termination of appointment must be made in writing.\n(3) In this section:\nmisconduct includes failing to exercise powers or perform\nfunctions, or otherwise act, in accordance with the objectives of the\nNT EPA.\n\nPart 2 Northern Territory Environment Protection Authority\nDivision 4 Procedures of NT EPA\nNorthern Territory Environment Protection Authority Act 2012 8\nDivision 4 Procedures of NT EPA\n16 Procedures\nSubject to this Act, the NT EPA may determine its own procedures.\n17 Meetings\n(1) The chairperson may convene a meeting of the NT EPA at any\ntime.\n(2) However, the chairperson must convene a meeting of the NT EPA:\n(a) at least 4 times each year; and\n(b) when requested by another member to do so.\n(3) A meeting convened under subsection (2)(b) must be held on, or as\nsoon as practicable after, the meeting date requested by the\nmember (which must be at least 7 days after the request is made).\n18 Quorum at meetings\nSubject to section 23(1)(c), the quorum for a meeting of the NT\nEPA is a majority of members.\n19 Presiding member at meetings\nA meeting of the NT EPA must be presided over by:\n(a) the chairperson; or\n(b) in the absence of the chairperson, another member elected by\nthe members present at the meeting.\n20 Voting at meetings\n(1) A decision at a meeting of the NT EPA must be determined by the\nmajority vote of members present and voting.\n(2) If there is an equality of votes, the person presiding at the meeting\nhas a casting vote.\n21 Records of meetings\nThe NT EPA must keep accurate records of its meetings.\n22 Disclosure of interest\n(1) This section applies if a member has a personal interest in a matter\nbeing considered, or about to be considered, by the NT EPA.\n\nPart 2 Northern Territory Environment Protection Authority\nDivision 4 Procedures of NT EPA\nNorthern Territory Environment Protection Authority Act 2012 9\n(2) The member must disclose the following to the other members as\nsoon as practicable after the relevant facts come to the member's\nknowledge:\n(a) the nature and extent of the interest;\n(b) how the interest relates to the matter mentioned in\nsubsection (1).\n(3) If the relevant facts come to the member's knowledge at a time\nwhen the NT EPA is not meeting, the member must:\n(a) make the disclosure mentioned in subsection (2) by written\nnotice to each other member; and\n(b) table a copy of the notice at the next meeting of the NT EPA.\n(4) The disclosure must be recorded in the minutes of the meeting at\nwhich, or before which, the disclosure is made.\n(5) The member need not disclose an interest if the interest is an\ninterest shared with the public generally or a section of the public.\n(6) For this section, a member has a personal interest in a matter if the\nmember:\n(a) has a direct or indirect financial interest in the matter; or\n(b) has a personal, professional, commercial or other relationship\nwith a person and the nature of the relationship is likely to, or\nmay reasonably be regarded as likely to, inhibit or prevent the\nmember from exercising independent judgment about the\nmatter.\n23 Effect of personal interest\n(1) If a member has a personal interest in a matter that is required to\nbe disclosed under section 22:\n(a) the member must not take part in any deliberation or decision\nof the NT EPA about the matter; and\n(b) the member must be disregarded for the purpose of\nconstituting the quorum of the NT EPA for the deliberation or\ndecision; and\n(c) the quorum for the deliberation or decision is a majority of\nmembers entitled to participate in the deliberation or decision.\n\nPart 2A Statement of intent\nNorthern Territory Environment Protection Authority Act 2012 10\n(2) However, a failure by the member to disclose the interest in the\nmatter does not, on its own, invalidate any decision of the NT EPA\nabout the matter.\n24 Limitation on challenge to decision of member\n(1) This section applies if a person who is a member of the NT EPA:\n(a) takes part in any deliberation or decision of the Planning\nCommission about a matter; and\n(b) takes part in any decision of the NT EPA under this or another\nAct in relation to the same matter (a relevant decision).\n(2) A relevant decision must not be challenged, appealed against,\nquashed or called into question in any court or tribunal merely\nbecause the person took part in the Planning Commission's\ndeliberation or decision.\n(3) A reference in this section to a relevant decision includes a\nreference to any of the following:\n(a) an assessment or report;\n(b) an opinion, advice or recommendation;\n(c) a decision about licensing or compliance.\nPart 2A Statement of intent\n24A Statement of intent\n(1) At least once every 4 years, the NT EPA must provide the Minister\nwith a statement of intent for the next 4 years.\n(2) The statement must specify the following:\n(a) the NT EPA's priorities for the period covered by the\nstatement;\n(b) how the NT EPA's priorities relate to the objectives of the NT\nEPA;\n(c) the nature and scope of the activities it intends to carry out to\nmeet the NT EPA's priorities during the period covered by the\nstatement;\n(d) the manner in which the NT EPA's priorities contribute to the\nTerritory's objectives in relation to environmental management\nand economic development.\n\nPart 3 Advice and reports of NT EPA\nDivision 1 Advice and reports on general matters\nNorthern Territory Environment Protection Authority Act 2012 11\n(3) The statement may include any other matters the NT EPA\nconsiders appropriate.\n24B Making statement\n(1) The NT EPA must consult with the Minister in the preparation of a\nstatement of intent.\n(2) A statement must be in writing and signed by the chairperson.\n(3) A statement takes effect on the day on which it is accepted by the\nMinister.\n(4) The Minister must accept a statement provided by the NT EPA\nunless the activities described in the statement are not consistent\nwith the objectives of the NT EPA.\n(5) A statement may be amended or revoked and replaced at any time\nby following the process in subsections (1) to (4).\n24C Publication\n(1) As soon as practicable after a statement of intent is accepted by the\nMinister, the NT EPA must make a copy of the statement available\nto the public in the way it considers appropriate.\n(2) The Minister must table a copy of the statement in the Legislative\nAssembly within 6 sitting days after accepting the statement.\n24D Regard to statement of intent\nThe NT EPA must have regard to a statement of intent in exercising\nits powers and performing its functions.\nPart 3 Advice and reports of NT EPA\nDivision 1 Advice and reports on general matters\n25AA Regard to principles of ecologically sustainable development\nIn providing advice or a report to the Minister under this Division,\nthe NT EPA must have regard to the principles of ecologically\nsustainable development the NT EPA considers relevant to the\nadvice or report.\n\nPart 3 Advice and reports of NT EPA\nDivision 1 Advice and reports on general matters\nNorthern Territory Environment Protection Authority Act 2012 12\n25 Advice of NT EPA\n(1) The NT EPA must, at the request of the Minister, advise the\nMinister about any of the following matters:\n(a) achieving appropriate and effective environmental policy and\nmanagement for the Territory;\n(b) legislation related to the environment and its administration;\n(c) issues affecting the Territory's capacity to achieve ecologically\nsustainable development;\n(d) emerging environmental issues;\n(e) the cumulative impacts of development on the environment;\n(f) any other matter related to the objectives of the NT EPA.\n(2) In addition, the NT EPA may, on its own initiative, advise the\nMinister about any of the matters mentioned in subsection (1).\n26 Matters for consideration\nIn performing its functions under section 25, the NT EPA may have\nregard to the following:\n(a) the need to adopt objectives, targets and standards for\nenvironmental management that are:\n(i) soundly and scientifically based; and\n(ii) consistent with best practices;\n(b) the need to consider:\n(i) the global dimension of environmental impacts of actions\nand policies; and\n(ii) regional variations in the environment;\n(c) the need to develop a strong, growing and diversified\neconomy and a well-informed and engaged private sector that\ncan enhance the capacity for protection of the environment;\n(d) the need to maintain and enhance international\ncompetitiveness in an environmentally sound way;\n(f) government policies and priorities for the Territory, including\neconomic policies and priorities;\n\nPart 3 Advice and reports of NT EPA\nDivision 1 Advice and reports on general matters\nNorthern Territory Environment Protection Authority Act 2012 13\n(g) any other matters the NT EPA considers relevant.\n28 Environmental quality reports\n(1) The NT EPA must, at the request of the Minister, inquire into and\nreport to the Minister on any aspect of environmental quality in the\nTerritory.\n(2) In addition, the NT EPA may, on its own initiative, inquire into and\nreport to the Minister on any aspect of environmental quality in the\nTerritory.\n(3) A report under this section may include recommendations in\nrelation to any aspect of environmental quality in the Territory.\n28A Reports on system of environmental management\n(1) The NT EPA must, at the request of the Minister, inquire into and\nreport to the Minister on any aspect of the Territory's system of\nenvironmental management or its outcomes.\n(2) In addition, the NT EPA may, on its own initiative, inquire into and\nreport to the Minister on any aspect of the Territory's system of\nenvironmental management or its outcomes.\n(3) A report under this section may include recommendations in\nrelation to any aspect of the Territory's system of environmental\nmanagement.\n(4) In this section:\nsystem of environmental management means the system of\nlegislation, policy and practices related to the management of the\nenvironment.\n29 Availability of advice and reports\n(1) After the NT EPA gives advice or a report to the Minister under this\nDivision, it must make copies of the advice or report available to the\npublic in the way it considers appropriate.\n(2) However, the NT EPA:\n(a) must withhold from the public information of a commercially\nconfidential nature; and\n(b) may withhold other information from the public if it is satisfied\nthere are reasonable grounds for doing so.\n\nPart 3 Advice and reports of NT EPA\nDivision 2 Advice on specific matters\nNorthern Territory Environment Protection Authority Act 2012 14\n(3) In addition, before making the advice or report available to the\npublic, the NT EPA must give the Minister reasonable notice of its\nintention to do so.\n(4) The Minister must table a copy of the advice or report (excluding\ninformation withheld under subsection (2)) in the Legislative\nAssembly within 6 sitting days after receiving it.\n(5) This section does not apply if the advice or report is of an\nadministrative or preliminary nature.\n29A Response to advice or report\n(1) If the NT EPA gives advice or a report to the Minister under this\nDivision, the Minister must, as soon as practicable, but within\n6 months after receiving the advice or report:\n(a) give the NT EPA a written response to the advice or report;\nand\n(b) if the Minister has not followed, or does not intend to follow,\nthe advice or a recommendation contained in the report –\ninclude in the response reasons why the Minister has not\nimplemented, or does not intend to implement, the advice or\nrecommendation.\n(2) The NT EPA may make copies of the written response available to\nthe public in the way it considers appropriate.\n(3) However, the NT EPA must withhold from the public information of\na commercially confidential nature.\nDivision 2 Advice on specific matters\n29B Advice of NT EPA on specific matters\nThe NT EPA must, at the request of a Minister, advise that Minister\nabout any proposal, policy, plan or other measure to manage the\nenvironmental impact of development on the environment.\n29C Matters for consideration\nIn providing advice under section 29B, the NT EPA:\n(a) must have regard to any criteria specified in the request for\nadvice; and\n(b) may have regard to any other matters the NT EPA considers\nrelevant.\n\nPart 3 Advice and reports of NT EPA\nDivision 3 Inquiries\nNorthern Territory Environment Protection Authority Act 2012 15\n29D Availability of advice\n(1) After the NT EPA gives advice to a Minister under this Division, it\nmay make copies of the advice available to the public in the way it\nconsiders appropriate.\n(2) However, the NT EPA must withhold from the public information of\na commercially confidential nature.\n(3) In addition, before making the advice available to the public, the NT\nEPA must give the Minister who requested the advice reasonable\nnotice of its intention to do so.\nDivision 3 Inquiries\n30 Conduct of inquiries\n(1) In exercising its powers and performing its functions under this Part,\nthe NT EPA may:\n(a) conduct the inquiries it considers appropriate; and\n(b) ask a person with special knowledge or experience relevant to\na particular inquiry to help it conduct the inquiry.\n(2) For subsection (1)(a), the NT EPA may, by written notice, require a\nperson to give it relevant information within the reasonable period\nstated in the notice.\n(3) The person commits an offence if the person engages in conduct\nthat results in the contravention of the notice.\nMaximum penalty: 50 penalty units.\n(4) An offence against subsection (3) is an offence of strict liability.\n(5) It is a defence to a prosecution for an offence against\nsubsection (3) if the defendant establishes a reasonable excuse.\n(6) An individual is not excused from giving information under\nsubsection (2) on the ground that the information may tend to\nincriminate the individual or expose the individual to a penalty.\n(7) However, information provided by an individual is not admissible as\nevidence against the individual in civil or criminal proceedings other\nthan proceedings arising out of the false or misleading nature of the\ninformation.\n\nPart 4 Offences\nNorthern Territory Environment Protection Authority Act 2012 16\nPart 4 Offences\n31 Misleading information\n(1) A person commits an offence if:\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 misleading and the person has knowledge of\nthat circumstance; and\n(d) the relevant person is acting in an official capacity and the\nperson has knowledge of that circumstance.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) A person commits an offence if:\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 misleading information and the person\nhas knowledge of that circumstance; and\n(d) the relevant person is acting in an official capacity and the\nperson has knowledge of that circumstance.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\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 – gives\nthe relevant person the information necessary to remedy the\nmisleading aspect of the document.\n\nPart 4 Offences\nNorthern Territory Environment Protection Authority Act 2012 17\n(5) In this section:\nacting in an official capacity, in relation to a relevant person,\nmeans the person is exercising powers or performing functions\nunder or otherwise related to the administration of this Act.\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\nrelevant person means any of the following:\n(a) a member;\n(b) a staff member provided to the NT EPA under section 37(1);\n(c) a person who provides a service that is connected with the\nadministration of this Act to or for the NT EPA.\n32 Offence to disclose certain information\n(1) A person commits an offence if:\n(a) the person obtains:\n(i) information in the course of performing a function\nconnected with the administration of this Act or\nexercising a power under this Act; or\n(ii) information connected with the administration of this Act\nin the course of providing a service to or for the NT EPA;\nand\n(b) the information is confidential and the person is reckless in\nrelation to that circumstance; and\n(c) the person intentionally engages in conduct; and\n(d) the conduct results in the disclosure of the information and the\ndisclosure is not:\n(i) for a purpose connected with the administration of this\nAct, including a legal proceeding arising out of the\noperation of this Act; or\n(ii) to a person who is otherwise entitled to the information;\nand\n\nPart 5 Administrative matters\nNorthern Territory Environment Protection Authority Act 2012 18\n(e) the person is reckless in relation to the result and\ncircumstance mentioned in paragraph (d).\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(a).\n(3) If the information mentioned in subsection (1) relates to a person, it\nis a defence to a prosecution for an offence against that subsection\nif the person has consented to the disclosure of the information.\nNote for section 32\nIn addition to the circumstances mentioned in this section, a person who\ndiscloses information mentioned in this section will not be criminally responsible\nfor an offence if the disclosure is justified or excused by or under a law (see\nsection 43BE of the Criminal Code).\nPart 5 Administrative matters\n33 Annual report\n(1) The chairperson must prepare and give to the Minister a report on\nthe performance by the NT EPA of its functions during each\nfinancial year.\n(1A) The report must include information regarding the activities carried\nout by the NT EPA under a statement of intent in force during the\nfinancial year.\n(2) The report must be given to the Minister by 31 October following\nthe end of the financial year.\n(3) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after the Minister receives the report.\n34 Guidelines\n(1) The NT EPA may make guidelines about its administrative\npractices and procedures.\n(2) Without limiting subsection (1), the guidelines may provide for\ndealing with culturally sensitive or commercial information.\n(3) The guidelines must not be inconsistent with this Act.\n\nPart 5 Administrative matters\nNorthern Territory Environment Protection Authority Act 2012 19\n35 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 a member.\n(2) In addition, the person is not civilly or criminally liable for an act\ndone or omitted to be done by the NT EPA in good faith in the\nexercise of a power or performance of a function under this or\nanother Act.\n(3) Subsections (1) and (2) do not affect any liability the Territory\nwould, apart from those subsections, have for the act or omission.\n(4) In this section:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n36 Delegation\n(1) The NT EPA may delegate any of its powers and functions under\nthis or any other Act to:\n(a) a member; or\n(b) a public sector employee; or\n(c) a Chief Executive Officer.\n(2) In this section:\nChief Executive Officer, see section 3 of the Public Sector\nEmployment and Management Act 1993.\n37 Staff and facilities for NT EPA\n(1) The Chief Executive Officer must provide the NT EPA with staff and\nfacilities to enable it to properly exercise its powers and perform its\nfunctions.\n(2) A staff member provided to the NT EPA under subsection (1) is\nsubject only to the direction of the chairperson in the performance\nof his or her duties for the NT EPA.\n38 Regulations\nThe Administrator may make regulations under this Act.\n\nPart 7 Transitional matters for Northern Territory Environment Protection Authority\nAmendment Act 2018\nNorthern Territory Environment Protection Authority Act 2012 20\nPart 6 Repeals\n39 Repeal\nThe following Acts are repealed:\n(a) Environment Protection Authority Act 2007 (Act No. 24 of\n2007);\n(b) Environment Protection Authority Amendment Act 2010\n(Act No. 5 of 2010).\nPart 7 Transitional matters for Northern Territory\nEnvironment Protection Authority Amendment\nAct 2018\n40 Definitions\nIn this Part:\ncommencement means the day on which the Northern Territory\nEnvironment Protection Authority Amendment Act 2018\ncommences.\n41 Advice and reports of NT EPA\nPart 3, as in force immediately before the commencement,\ncontinues to apply in relation to the following:\n(a) advice of the NT EPA under section 25(1) of the Act if the\nadvice was requested by the Minister before the\ncommencement;\n(b) an inquiry and report of the NT EPA under section 28(1) of the\nAct if the inquiry and report was requested by the Minister\nbefore the commencement;\n42 Offences – before and after commencement\n(1) Sections 31 and 32, as amended by the Northern Territory\nEnvironment Protection Authority Amendment Act 2018, apply only\nin relation to offences committed after the commencement.\n(2) Sections 31 and 32, as in force before the commencement,\ncontinue to apply in relation to offences committed before the\ncommencement.\n\nPart 7 Transitional matters for Northern Territory Environment Protection Authority\nAmendment Act 2018\nNorthern Territory Environment Protection Authority Act 2012 21\n(3) For this section, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\n\nENDNOTES\nNorthern Territory Environment Protection Authority Act 2012 22\nENDNOTES\n1 KEY\nKey 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\nNorthern Territory Environment Protection Authority Act 2012 (Act No. 28, 2012)\nAssent date 6 December 2012\nCommenced 1 January 2013 (Gaz S82, 21 December 2012)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nNorthern Territory Environment Protection Authority Amendment Act 2018 (Act No. 27,\n2018)\nAssent date 29 November 2018\nCommenced 30 November 2018 (s 2)\nEnvironment Protection Act 2019 (Act No. 31, 2019)\nAssent date 9 October 2019\nCommenced 28 June 2020 (Gaz G17, 29 April 2020, p 2)\nAmending Legislation\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 Legislation Amendment Act 2021 (Act No. 22, 2021)\nAssent date 18 November 2021\nCommenced pt 7: 31 March 2022; rem: 1 February 2022 (Gaz G51,\n22 December 2021, p 1)\n\nENDNOTES\nNorthern Territory Environment Protection Authority Act 2012 23\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3 and 36.\n4 LIST OF AMENDMENTS\ns 3 amd No. 27, 2018, s 4; No. 31, 2019, s 314; No. 22, 2021, s 22\ns 8 amd No. 27, 2018, s 5\ns 10 amd No. 27, 2018, s 6\ns 13 amd No. 27, 2018, s 7\ns 13A ins No. 27, 2018, s 8\ns 15 amd No. 27, 2018, s 9\npt 2A hdg ins No. 27, 2018, s 10\ns 24A ins No. 27, 2018, s 10\namd No. 22, 2021, s 23\nss 24B – 24D ins No. 27, 2018, s 10\npt 3\ndiv 1 hdg ins No. 27, 2018, s 11\ns 25AA ins No. 27, 2018, s 11\namd No. 31, 2019, s 315\ns 26 amd No. 27, 2018, s 12\ns 27 rep No. 27, 2018, s 13\ns 28 amd No. 27, 2018, s 14\ns 28A ins No. 27, 2018, s 15\ns 29 amd No. 38, 2014, s 2; No. 27, 2018, s 16\ns 29A ins No. 27, 2018, s 17\npt 3\ndiv 2 hdg ins No. 27, 2018, s 17\nss 29B – 29D ins No. 27, 2018, s 17\npt 3\ndiv 3 hdg ins No. 27, 2018, s 17\nss 31 – 32 sub No. 27, 2018, s 18\ns 33 amd No. 27, 2018, s 19\npt 6 hdg sub No. 4, 2017, s 23\npt 6\ndiv 1 hdg rep No. 4, 2017, s 23\npt 6\ndiv 2 hdg rep No. 4, 2017, s 24\nins No. 27, 2018, s 20\npt 7 hdg exp No. 28, 2012, s 58\ns 40 rep No. 4, 2017, s 24\nins No. 27, 2018, s 20\ns 41 exp No. 28, 2012, s 41(5)\nins No. 27, 2018, s 20\ns 42 exp No. 28, 2012, s 42(6)\nins No. 27, 2018, s 20\npt 7\ndiv 1 hdg exp No. 28, 2012, s 58\nss 43 – 51 exp No. 28, 2012, s 58\npt 7\ndiv 2 hdg exp No. 28, 2012, s 58\ns 52 exp No. 28, 2012, s 58\npt 7\ndiv 3 hdg exp No. 28, 2012, s 58\nss 53 – 55 exp No. 28, 2012, s 58\n\nENDNOTES\nNorthern Territory Environment Protection Authority Act 2012 24\npt 7\ndiv 4 hdg exp No. 28, 2012, s 58\ns 56 exp No. 28, 2012, s 58\npt 7\ndiv 5 hdg exp No. 28, 2012, s 58\ns 57 exp No. 28, 2012, s 58\npt 7\ndiv 6 hdg exp No. 28, 2012, s 58\ns 58 exp No. 28, 2012, s 58\nsch 1 – 4 exp No. 28, 2012, s 58","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's scope has been altered by subsequent amendments (notably the Northern Territory Environment Protection Authority Amendment Act 2018, Environment Protection Act 2019 and Environment Legislation Amendment Act 2021). Amendments added the statement-of-intent process, expanded advisory and reporting provisions (including reports on the system of environmental management), and revised offences and confidentiality rules, as reflected in the List of amendments and Endnotes (amending Acts No.27 2018, No.31 2019, No.22 2021)."},"complexity_factors":["Broad, open‑ended advisory and reporting powers that allow NT EPA-initiated and Minister-requested work (ss8,25,28,28A)","Clear statutory independence from Ministerial direction for NT EPA and members (s9) creating operational autonomy","Detailed appointment, tenure and composition rules including inclusion of the Planning Commission chair (ss10–13A)","Conflict-of-interest disclosure, exclusion from deliberation and adjusted quorum rules that affect decision-making validity (ss22–23)","Power to require information by notice with a penalty and strict‑liability elements (s30(2)–(5)) creating compliance obligations","Criminal offences for giving misleading information and for reckless disclosure of confidential information with substantial penalties and some strict‑liability components (ss31–32)","Discretion to publish advice or withhold commercially confidential material and a Ministerial tabling requirement, producing administrative judgement calls (ss29,29D,29A)","Statement‑of‑intent process requiring Minister consultation and acceptance, and public tabling (ss24A–24D)","Delegation and staffing provisions that allocate operational authority and create reliance on public sector employees (ss36–37)","Interplay with other legislation (Environment Protection Act 2019, Planning Act 1999) and multiple amendments/transitional provisions increasing legal interaction complexity (Part 6; Part 7; Endnotes)"],"plain_english_summary":"This Act creates the Northern Territory Environment Protection Authority (NT EPA) as an independent corporate body, sets its objectives (promote ecologically sustainable development, protect the environment, manage waste) and membership rules, and gives it powers to advise, report, conduct inquiries and require information (with penalties). It also provides for publication of advice, withholding of commercially confidential information, delegations, and staff support."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing and governing the NT EPA. While the 2018 amendments added Part 2A (Statement of Intent) and refined reporting/advice mechanisms in Part 3, these changes strengthened rather than expanded the core scope. The Act has not grown significantly beyond its original institutional establishment purpose."},"complexity_factors":["Moderate length (approximately 24 pages) with 7 Parts and multiple Divisions","15 defined terms in section 3, with additional definitions scattered throughout (e.g., 'system of environmental management' in section 28A)","Cross-references to external legislation including the Environment Protection Act 2019, Planning Act 1999, Criminal Code, and Interpretation Act 1978","Conditional logic in membership appointments (section 10(2)-(3)) with mandatory and discretionary criteria","Nested exceptions in disclosure provisions (sections 29, 32) distinguishing between mandatory withholding, permissive withholding, and public interest overrides","Transitional provisions (Part 7) creating temporal complexity for offences committed before/after 2018 amendments","Interaction between NT EPA and Planning Commission members creating potential conflict scenarios addressed in section 24","Strict liability offences with statutory defences (sections 30-32) requiring careful parsing of mental elements"],"plain_english_summary":"**What this law does:**\n\nThis Act creates the **Northern Territory Environment Protection Authority (NT EPA)** — an independent government body that acts as the Territory's main environmental watchdog.\n\n**Who it affects:**\n- **The general public** — through cleaner environment protections and rights to access environmental reports\n- **Businesses and developers** — who must engage with the NT EPA for environmental assessments and waste management\n- **Government ministers** — who must request and respond to the NT EPA's advice\n- **NT EPA members** — appointed experts who serve 3-year terms and must follow strict conflict-of-interest rules\n\n**Key things the law sets up:**\n\n- **Independence**: The NT EPA operates free from ministerial control — a crucial feature ensuring environmental decisions aren't politically interfered with\n- **Membership**: 4–7 appointed members plus the Planning Commission Chair, chosen for expertise in areas like environmental science, law, economics, and Indigenous issues\n- **Powers**: The Authority can conduct inquiries, demand information (with penalties for non-compliance), and issue guidelines\n- **Reporting**: Must provide \"statements of intent\" every 4 years outlining priorities, and can initiate or respond to ministerial requests for advice on environmental policy, legislation, and development impacts\n- **Transparency**: Most advice and reports must be made public, though commercially sensitive information can be withheld\n- **Offences**: Criminal penalties (up to 2 years imprisonment or 200 penalty units) for giving misleading information or improperly disclosing confidential information\n\n**Why it matters:**\nThis law establishes the institutional backbone for environmental protection in the NT. It creates a body that can scrutinise development proposals, advise on policy, and hold the government accountable — while balancing economic development with ecological sustainability. The independence provisions are particularly significant, as they prevent ministers from directing environmental outcomes in specific cases."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/northern-territory-environment-protection-authority-act-2012","history":"/api/acts/northern-territory-environment-protection-authority-act-2012/history","analysis":"/api/acts/northern-territory-environment-protection-authority-act-2012/analysis","conflicts":"/api/acts/northern-territory-environment-protection-authority-act-2012/conflicts","importantCases":"/api/acts/northern-territory-environment-protection-authority-act-2012/important-cases","documents":"/api/acts/northern-territory-environment-protection-authority-act-2012/documents"}}