Environment Protection Regulation 2005

Part 4.7 Aquatic habitat—mountain streams (AQUA/1), lowland streams (AQUA/2), urban lakes & ponds (AQUA/3), urban drains and streams (AQUA/4), urban wetland (AQUA/5), mountain reservoirs (AQUA/6) 128 4.4 Acidity 128 4.5 Colour and turbidity 128 4.6 Total dissolved solids 128 4.7 Ammonia levels 129 Part 4.8 Secondary ambient environmental standards 136 4.8 Temperature 136 4.9 Biological standards 136 Dictionary 139 1 About the endnotes 147 2 Abbreviation key 147 3 Legislation history 148 4 Amendment history 155 5 Earlier republications 165 6 Expired transitional or validating provisions 168

1 Name of regulation This regulation is the Environment Protection Regulation 2005. 3 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘built-up area—see the Emergencies Act 2004, section 6A.’ means that the term ‘built-up area’ is defined in that section and the definition applies to this regulation. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1

5 Offences against regulation—application of Criminal Code etc Other legislation applies in relation to offences against this regulation. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Note 1 The Act does not apply to a pollutant emitted into the air by— (a) a light rail vehicle or other train; or (b) a Commonwealth jurisdiction aircraft; or (c) a person using only the person’s body; or (d) an animal; or (e) a motor vehicle being driven on a road, unless it— (i) is being driven on the road to conduct reliability trials or speed tests; and (ii) has been exempted under the road transport legislation from the provisions of that legislation about attaching silencers to the exhaust pipes of motor vehicles, rules of the road and speed limits during the trials or tests (see Act, s 8 (1)).

6 Application of pt 2 to tobacco products This part does not apply to the lighting or smoking of a cigar, cigarette or pipe.

Division 2.2 Chimney emissions causing

7 Meaning of national emission guidelines for div 2.2 In this division: national emission guidelines means the guidelines called the ‘National guidelines for control of emission of air pollutants from new stationary sources 1985’ published by the Australian Environment Council and the National Health and Medical Research Council, as in force immediately before it was rescinded.

Open-air fires Division 2.3

8 Chimney emissions—pollutants taken to cause environmental harm—Act, s 5 (a) (1) This section applies to a pollutant mentioned in the national emission guidelines, table 1 or table 2 that is emitted into the air through a chimney. (2) The pollutant is taken to cause environmental harm if the amount of the pollutant emitted into the air from a source stated in the guidelines for the pollutant is more than the standard stated in the guidelines for the source. (3) Subsection (2) does not apply if the pollutant is emitted in the circumstances mentioned in schedule 1, part 1.1 (Chimney emissions), column 2 in accordance with the conditions (if any) mentioned in schedule 1, part 1.1, column 3 for the activity. Division 2.3 Open-air fires

9 Open-air fires prohibited except in certain circumstances (1) A person commits an offence if the person lights, uses or maintains a fire in the open air. Note The Emergencies Act 2004 contains an offence about lighting etc fire during total fire ban (see s 116). (2) Subsection (1) does not apply to the person if the person lights, uses or maintains the fire for an activity mentioned in schedule 1, part 1.2 (Open-air fires), column 2 in accordance with the conditions (if any) mentioned in schedule 1, part 1.2, column 3 for the activity. Note The defendant has the evidential burden of establishing the matters mentioned in s (2) (see Criminal Code, s 58).

(3) Subsection (1) does not apply to a fire to which the Act, schedule 1, section 1.2, table, item 28 relates. Note Item 28 relates to burning plant matter to reduce a fire hazard, to clear land or to conserve biological diversity or ecological integrity. For offences in relation to these activities, see the Act, pt 8 (Environmental authorisations).

10 Burning certain substances requires environmental authorisation (a) burns 1 or more of the following substances: (i) a synthetic plastic or other synthetic polymer; (ii) wood that— (A) is painted, chemically treated or contaminated with a chemical; and (B) has not been approved for sale or supply by the authority and chief health officer; (iii) a chemical other than a chemical recommended by the manufacturer as fuel for a fire; and (b) either— (i) does not have an environmental authorisation for burning the substance; or

(ii) has an environmental authorisation for burning the substance, but the burning is not in accordance with the authorisation. Note Environmental authorisations are dealt with in the Act, pt 8. (2) Subsection (1) does not apply to anything required to be done under the Biosecurity Act 2023. (3) A person commits an offence if the person— (a) burns 1 or more of the following substances: (i) waste; (ii) unseasoned wood; and (b) either— (i) does not have an environmental authorisation for burning the substance; or (ii) has an environmental authorisation for burning the substance, but the burning is not in accordance with the authorisation. (4) Subsection (3) does not apply— (a) to burning paper or cardboard for the purpose of starting a fire; or (b) to anything required to be done under the Biosecurity Act 2023; or

(c) in relation to the burning of waste on land in an area that is not in the built-up area by a person who is ordinarily resident on the land if— (i) the waste is waste as a result of the person being the resident of the land; and (ii) the burning happens on that land. (5) An offence against this section is a strict liability offence.

11 Fire bans in bad weather (1) This section applies if the Minister is satisfied that the existing or forecasted weather conditions mean a fire would— (a) cause excessive environmental harm; or (b) unnecessarily increase pollutants in the air. (2) The Minister may, in writing, declare that the lighting, using or maintaining of a fire in the open air is prohibited for the period stated in the declaration. (3) A declaration may be expressed to apply to all or part of the ACT. (4) The declaration must be— (a) notified in a public notice; or (b) broadcast in the ACT by a national or commercial broadcasting service. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). (5) A person commits an offence if the person contravenes a declaration. (6) Subsection (5) does not apply if the person had a reasonable excuse. (7) This section does not apply to a fire only for cooking or heating food or drink.

(8) An offence against this section is a strict liability offence.

12 Indoor fires prohibited unless harm minimised (1) A person commits an offence if the person lights, uses or maintains a fire in a place other than in the open air. (2) Subsection (1) does not apply if— (a) the person takes all steps that are practicable and reasonable to prevent any environmental harm caused, or likely to be caused, by the emission of pollutants into the air from the fire; or (b) if prevention is not reasonably practicable—the person takes all steps that are practicable and reasonable to minimise any environmental harm caused, or likely to be caused, by the emission of pollutants into the air from the fire.

13 Pollutants emitted from fires—exception for certain fires—Act, s 143 and s 166 (5) A pollutant being emitted into the air from a fire is not taken to cause environmental harm unless burning the substance burned in the fire, or the lighting, using or maintaining of the fire, is an offence against any of the following sections: (a) section 9 (Open-air fires prohibited except in certain circumstances); (b) section 10 (Burning certain substances requires environmental (c) section 11 (Fire bans in bad weather); (d) section 12 (Indoor fires prohibited unless harm minimised).

14 Conditions for sale or supply of firewood (1) This section applies to a person who— (a) sells or supplies firewood in the ACT unless— (i) the quantity of firewood sold or supplied is less than 100kg; or (ii) the firewood is sold under a scheme in which an annual fee is paid for the right to collect waste softwood in pine plantations; or (b) prepares firewood for sale or supply in the ACT. (2) The following conditions apply to the preparation, sale or supply of firewood by the person: (a) if practicable, each buyer must be offered a choice of mixed wood loads; (b) wood must be offered and supplied by weight, not by volume; (c) each buyer must be given a written statement of the weight of the load supplied; (d) if the load is a mixed wood load—the buyer must be given a written statement of the approximate weight of hardwood and softwood in the load; (e) unseasoned wood must not be supplied; (f) each buyer must be given a pamphlet supplied by the environment protection authority that sets out recommended wood burning practices and encourages compliance with those practices; (g) each buyer must be given the following information: (i) the common name and species (if known) of the wood; (ii) the place from which the wood was originally taken;

(iii) the kind of wood; Examples—par (g) (i) box, gum, pine Examples—par (g) (ii) ACT pine forests, Cowra Example—par (g) (iii) residue from forestry processing operations of native forest timber (h) an annual report for a reporting year must be given to the environment protection authority by 31 January in the year following the reporting year; (i) wooden sleepers must only be obtained from a wholesaler who supplies sleepers in the ACT with the agreement of the chief health officer and the environment protection authority; (j) the sale or supply of wooden sleepers must be accompanied by an information sheet, agreed with the environment protection authority, about the risks of burning sleepers, including that sleepers should not be burnt in open fires or for cooking. (3) A person commits an offence if the person— (a) prepares firewood for sale or supply; and (b) fails to comply with a condition mentioned in subsection (2). Maximum penalty: 10 penalty units (4) A person commits an offence if the person— (a) sells or supplies firewood; and (b) fails to comply with a condition mentioned in subsection (2). Maximum penalty: 10 penalty units (5) An offence against this section is a strict liability offence.

(6) In this section: prepare, firewood for sale or supply, means cut, store or season the firewood. reporting year means 1 January to 31 December.

14A Unapproved sale or supply of painted etc firewood— offence (a) sells or supplies firewood that is painted, chemically treated or contaminated with a chemical; and (b) does not have the written agreement of the environment protection authority and the chief health officer to sell or supply the firewood.

14B Minimum overall average efficiency—Act, sch 2, s 2.4 (3) (a) (ii) The prescribed minimum overall average efficiency is 60%.

14C Maximum appliance particulate emission factor—Act, sch 2, s 2.4 (3) (b) (ii) The prescribed maximum appliance particulate emission factor is— (a) for a heater without a catalytic combustor—1.5g/kg; and (b) for a heater with a catalytic combustor—0.8g/kg.

Air-filtration plants Division 2.5 Division 2.5 Air-filtration plants

15 Filters in air-filtration plants (1) An occupier of premises commits an offence if— (a) the premises contains an air-filtration plant; and (b) the air-filtration plant vents into the air; and (c) the air-filtration plant is operating; and (d) the occupier removes a filter from the plant. (2) An occupier of premises commits an offence if— (a) the premises contains an air-filtration plant; and (b) the air-filtration plant vents into the air; and (c) the occupier does not adequately maintain a filter in the plant.

16 Release of 20 or more balloons prohibited (a) the person releases 20 or more balloons at or about the same time; and (b) 20 or more of the balloons are inflated with a gas that causes them to rise. Note A reference to an offence against a territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189). This means an offence under this section also covers the offence of inciting the offence or conspiring to commit the offence. (3) In a prosecution for an offence against this section— (a) it is not necessary for the prosecution to establish the exact number of balloons released; and (b) evidence that a balloon rose after being released is, in the absence of any evidence to the contrary, evidence that the balloon was inflated with a gas that caused it to rise. (4) This section is subject to the following sections: (a) section 17 (Balloons—exception if balloons not outside); (b) section 18 (Balloons—exception for hot-air balloons); (c) section 19 (Balloons—exception for science). Note A person charged with an offence against s (1) has the evidential burden of proving anything mentioned in s 17, s 18 or s 19 (see Criminal Code, s 58).

Balloons Division 2.6

17 Balloons—exception if balloons not outside Section 16 does not apply to the release of balloons if the balloons are released inside a building or structure and do not make their way into the open air.

18 Balloons—exception for hot-air balloons Section 16 does not apply to the release of balloons if the balloons are hot-air balloons that are recovered after landing.

19 Balloons—exception for science (1) Section 16 does not apply to the release of balloons if the balloons are released for— (a) a meteorological purpose; or (b) another scientific purpose approved under subsection (2). (2) The environment protection authority may approve a scientific purpose for the release of balloons if the authority is satisfied that the purpose to be achieved by the release of the balloons is proportional to the damage likely to be caused to the environment by the release. (3) An approval is a notifiable instrument.

Division 2.7 Pollutants emitted from motor vehicles Division 2.7 Pollutants emitted from motor vehicles 20 Motor vehicle emissions not taken to cause A pollutant being emitted into the air from a motor vehicle to which the Act applies is not taken to cause environmental harm if the motor vehicle complies with the Road Transport (Vehicle Registration) Act 1999. Note 1 The Act applies to a pollutant emitted into the air by a motor vehicle being driven on a road only if the motor vehicle— (a) is being driven on the road for the purpose of conducting reliability trials or speed tests; and (b) has been exempted under the road transport legislation from the provisions of that legislation about attaching silencers to the exhaust pipes of motor vehicles, rules of the road and speed limits during the trials or tests (see Act, s 8 (1) (e)).

Interpretation for pt 3 Division 3.1 Note 1 The Act does not apply to noise made by— (a) a light rail vehicle or other train; or (b) a Commonwealth jurisdiction aircraft; or (c) a person using only the person’s body; or (d) an animal; or (e) a motor vehicle being driven on a road, unless it— (i) is being driven on the road to conduct reliability trials or speed tests; and (ii) has been exempted under the road transport legislation from the provisions of that legislation about attaching silencers to the exhaust pipes of motor vehicles, rules of the road and speed limits during the trials or tests (see Act, s 8 (1)).

21 Definitions for pt 3 adjoining, for noise zones, means noise zones that— (a) have a common boundary; or (b) would have a common boundary apart from a road separating them. affected place—see section 22. as near as practicable, to a boundary, for the measurement of noise level at a compliance point, means as near as practicable for taking the measurement. compliance point—see section 32 to section 38. noise standard—see section 24.

noise zone—see section 23. unit—see the Unit Titles Act 2001, section 9. units plan means a units plan under the Unit Titles Act 2001, section 7.

22 Meaning of affected place (1) In this regulation: affected place, for noise being emitted from a place in the ACT, means a place (other than a road or road related area), whether inside or outside the ACT, where a person is affected by the noise. (2) However, a parcel of land held under a territory lease is an affected place for noise emitted from the parcel only if the noise is emitted from a unit and the affected place is another unit on the same units (3) For subsection (1), a person at a place (the first place) is affected by noise being emitted from another place in the ACT (emitted noise) if— (a) the person is an occupier of the first place (an affected person); and (b) the affected person complains about the emitted noise to an authorised officer; and (c) the noise level at the first place, as a result of the emitted noise, exceeds the noise standard for the first place. (4) In this section: occupier, of a place, includes a person who is lawfully at a place that is on— (a) unleased land; or (b) public land under the Crown Lands Act 1989 (NSW), section 153, as in force from time to time.

Interpretation for pt 3 Division 3.1

23 Meaning of noise zone In this regulation: noise zone means— (a) for a place in the ACT on land mentioned in schedule 2, table 2.1, column 3—the noise zone mentioned in column 2 for the land; or (b) for a place in New South Wales on land mentioned in schedule 2, table 2.1, column 4—the noise zone mentioned in column 2 for the land.

24 Meaning of noise standard (1) In this regulation: noise standard, for a noise zone, means the noise standard mentioned in the following provisions for the particular zone at a particular time: (a) for a zone other than zones B1, B3, B4 and C1—schedule 2, table 2.2, column 3 or column 4 (whichever applies); (b) for zone B1—schedule 2, table 2.2A, column 3 or column 4 (whichever applies); (c) for zones B3 and B4— (i) if the noise emitted is entertainment noise from a place other than a dwelling in the city centre entertainment precinct—schedule 2, table 2.2AA, columns 3 to 6 (whichever applies); or Examples—place other than a dwelling 1 a place on unleased land 2 licensed premises

3 Territory premises

(ii) in any other case in which noise is emitted from a place in the city centre entertainment precinct— (A) if the place is on land in the Central National Area (City Hill Precinct) within zone B4—schedule 2, table 2.2, column 3 or column 4 (whichever applies) as if the place was on land within zone B2; or (B) if the place is anywhere else in zones B3 or B4— schedule 2, table 2.2A, column 3 or column 4 (whichever applies) as if the place was on land within zone B1; (d) for zone C1—schedule 2, table 2.2B, column 3 or column 4 (whichever applies). (2) However— (a) if the compliance point for noise emitted from a unit is a point in any of the other units in the units plan, the noise standard for the unit is 5dB below the noise standard that would otherwise apply; and (b) if the compliance point for noise emitted from premises (the 1st premises) on a territory lease with a common wall with premises on another territory lease (the 2nd premises) is a point in the 2nd premises, the noise standard for the 1st premises is 5dB below the noise standard that would otherwise apply; and (c) the noise standard on the boundary between 2 or more noise zones is the average of the noise standards for the noise zones for the time when the noise is emitted, rounded up to the nearest dB. Central National Area (City Hill Precinct)—see schedule 2, dwelling—see the Planning (General) Regulation 2023, section 6.

Noise causing environmental harm Division 3.2 entertainment noise means noise generated for entertainment purposes. Examples 1 amplified music 2 live acoustic music Note The Act does not apply to noise made by a person using only the person’s body (see Act, s 8 (1) (c)).

Division 3.2 Noise causing environmental harm

25 Noise taken to cause environmental harm—Act, s 5 (a) (1) For the Act, noise emitted from a place in the ACT is taken to cause environmental harm in an affected place if the noise level at the compliance point for the place from which the noise is emitted is louder than the noise standard for that place. (2) This section is subject to this division. Note A reference to an Act includes a reference to the statutory instruments

26 Noise—exception for protecting life or property in an affected place if the noise is emitted in the course of protecting life or property. a fire or other emergency

27 Noise—exception for reducing environmental harm in an affected place if the noise is emitted in the course of preventing, minimising or remedying another environmental harm. noise from pumps cleaning a spill

28 Noise—exception if allowed by approval in an affected place if the noise is emitted in the course of conducting an activity for which an approval is in force. using an amplifier in accordance with an approval

29 Noise—other exceptions in an affected place if it is noise mentioned in schedule 2, table 2.3, column 2 and the conditions (if any) mentioned in column 3 for the noise are met.

29A Noise measurement manual (1) The Minister may approve a manual (the noise measurement manual) for the measurement of noise for this regulation. (2) Without limiting subsection (1), the noise measurement manual may make provision in relation to the following: (a) the procedures for measuring noise; (b) the instruments to be used to measure noise; (c) modifying factors used to correct noise measurements.

Measuring noise Division 3.3 (3) The noise measurement manual is a disallowable instrument.

30 Measurements to be taken at compliance point For the Act, for measuring noise being emitted from a place, the noise level must be measured at the compliance point for the place. Note A reference to an Act includes a reference to the statutory instruments

31 Taking measurements of noise For the Act, for measuring emission of noise— (a) the noise level measured must be L10,T; and (b) all measurements must be taken in accordance with the procedures set out in the noise measurement manual. Note 1 A reference to an Act includes a reference to the statutory instruments Note 2 Noise measurement manual—see s 29A.

32 Compliance point—general rule for leased land (1) The compliance point for a parcel of land held under a territory lease is any point as near as practicable to the boundary of the parcel of land. (2) This section is subject to the following sections: (a) section 34 (Compliance point—exception for environmental protection agreement); (b) section 35 (Compliance point—exception for environmental (c) section 36 (Compliance point—exception for public land with approval);

(d) section 37 (Compliance point—exception for leased land with boundary with different noise zone); (e) section 38 (Compliance point—exception for units, common wall properties and subleases).

33 Compliance point—general rule for unleased land (1) The compliance point for unleased land is any point as near as practicable to 5m from the source of the noise. (2) This section is subject to the following sections: (a) section 34 (Compliance point—exception for environmental protection agreement); (b) section 35 (Compliance point—exception for environmental (c) section 36 (Compliance point—exception for public land with approval).

34 Compliance point—exception for environmental protection agreement If noise is emitted in the course of conducting an activity for which an environmental protection agreement is in force and the agreement states 1 or more compliance points, each stated point is a compliance point. Note Environmental protection agreements are dealt with in the Act, pt 7.

35 Compliance point—exception for environmental authorisation If noise is emitted in the course of conducting an activity for which an environmental authorisation is in force and the authorisation states 1 or more compliance points, each stated point is a compliance point. Note Environmental authorisations are dealt with in the Act, pt 8.

Measuring noise Division 3.3

36 Compliance point—exception for public land with If noise is emitted from public land in the course of conducting an activity for which an approval is in force and the approval states 1 or more compliance points, each stated point is a compliance point.

37 Compliance point—exception for leased land with boundary with different noise zone If the noise is emitted from leased land with a boundary that is also a noise zone boundary, and the adjoining noise zone has a different noise standard, the compliance point is any point as near as practicable to the boundary with the noise zone with the lowest noise standard for the time when the noise is emitted. Note Noise standard is defined in s 24 and detailed in sch 2. Noise zone is defined in s 23 and detailed in sch 2.

38 Compliance point—exception for units, common wall properties and subleases (1) If noise is emitted from a unit, the compliance point is— (a) any point in any of the other units in the units plan; or (b) any point as near as practicable to the boundary of the land to which the units plan applies. (2) If noise is emitted from premises (the 1st premises) on a territory lease with a common wall with premises (the 2nd premises) on another territory lease, the compliance point is— (a) any point in the 2nd premises; or (b) any point as near as practicable to the boundary of the 1st premises.

(3) If noise is emitted from part of a parcel of land held under a territory lease consisting of a sublease of the territory lease, the compliance point is— (a) any point in any other part of the parcel of land consisting of another sublease of the territory lease; or (b) any point as near as practicable to the boundary of the parcel of land.

39 Offence to make noise louder than noise standard (a) the person makes noise in the ACT; and (b) the noise causes environmental harm in an affected place. Examples of making noise 1 playing a musical instrument 2 using portable loudspeakers 3 using a leaf blower or vacuum 4 using a power tool Note Making noise will only cause environmental harm in an affected place if the noise level is louder than the noise standard for the compliance point for the place from which it is emitted (see s 25). Also, the noise standard for the point may be different at different times of day (see sch 2, part 2.2). (a) the person is an occupier of a place in the ACT; and (b) noise is emitted from a thing in the place; and

Noise offences Division 3.4 (c) the noise causes environmental harm in an affected place. Examples of things that emit noise 1 a swimming pool or spa pump 2 an air conditioner 3 a building intruder alarm 4 a motor vehicle intruder alarm

40 Sale and hiring of things (a) the person sells a thing; and (b) the sale is the first retail sale of the thing; and (c) the sale would, if it took place in NSW, be prohibited under the Protection of the Environment Operations Act 1997 (NSW) as in force from time to time. A person sells, as a first retail sale, an air conditioner without a noise compliance plate. If the NSW Act prohibits its sale without a noise compliance plate, the person commits an offence under this regulation. Note 1 The Protection of the Environment Operations Act 1997 (NSW), s 136 creates an offence of selling an article of a class prescribed under the regulations if, when in use or operation, the article emits noise in excess of a prescribed level. Note 2 The Protection of the Environment Operations Act 1997 (NSW) does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Act, s 164B).

(a) the person hires out a thing; and (b) a sale of the thing would, if it took place in NSW, be prohibited by the Protection of the Environment Operations Act 1997 (NSW) as in force from time to time.

Environmental values Division 4.1

Division 4.1 Environmental values

41 Environmental values of waterways for pt 4, sch 3 and sch 4 For this part, schedule 3 and schedule 4, the environmental values of a waterway are the environmental values mentioned in an instrument made under the Water Resources Act 2007, section 15A (Environmental values for waterways), for the waterway. Examples 1 water-based recreation—swimming (REC/1) 2 waterscape (VIEW) 3 stock water supply (STOCK)

42 Certain pollutants taken to cause environmental harm— Act, s 5 (b) A pollutant mentioned in a part in schedule 3 is taken to cause environmental harm if it enters a waterway with the environmental value for the part. Schedule 3, part 3.2 prescribes pollutants that are taken to cause environmental harm if they enter a waterway with the environmental value that is used for water-based recreation, for example, Lake Tuggeranong. So under that part, any nitrogen that enters Lake Tuggeranong is taken to cause environmental harm.

43 Ambient environmental standards for waterways (1) The ambient environmental standards for a waterway with an environmental value mentioned in a part in schedule 4 are the standards stated for the indicators in the part. Schedule 4, part 4.5 prescribes the standards for waterways used as stock water supply, for example, the Molonglo River. Under the part, the Molonglo River should have an acidity between pH 6.5 and 9.2. If it does not, the river does not meet the ambient environmental standards. (2) Subsection (1) does not apply when the waterway’s flow conditions exceed the 10-year 5 percentile high-flow value. The Cotter River generally meets the ambient environmental standards. Hypothetically, there was excessive rain last spring, which caused the river to flood. The Cotter River rose to the highest level it had been at for 25 years. Under s (2), the ambient environmental standards would not apply during the flood.

44 Pollution of waterways (1) A person commits an offence if the person pollutes a waterway. pollutes a waterway—a person pollutes a waterway if the person— (a) allows, causes, or fails to prevent the discharge, emission, depositing, disturbance or escape of a pollutant into or on a waterway; or (b) places a pollutant in a position where it is likely to pollute a waterway by entering a stormwater system or other entry into a waterway.

Protection of waterways Division 4.2

45 Development waste not to enter stormwater system or waterways (1) A person commits an offence if the person places soil, sand, building material or waste from development— (a) in the stormwater system or a waterway; or (b) where it may enter the stormwater system or a waterway.

46 Areas near development to be kept clear (1) A person who is in charge of development commits an offence if the person does not ensure that each footpath, gutter and road adjacent to the development is clear of soil, sand, building materials and waste.

47 Entries to and exits from land to be kept stable (1) The owner of land commits an offence if the owner does not keep the surface of each vehicle entrance to, or exit from, the land stable by applying concrete, gravel or other solid material to the surface. (2) A person who is in charge of development commits an offence if the person does not keep the surface of each vehicle entrance to, or exit from, the land where the development is being carried out stable by applying concrete, gravel or other solid material to the surface.

48 Washing vehicles etc—commercial activity (1) This section applies to a person who washes a vehicle or other thing in the course of, or incidental to, carrying on a commercial activity. (2) The person commits an offence if the person allows run-off from the washing to enter a waterway.

49 Washing vehicles etc—non-commercial activity (1) This section applies to a person who washes a vehicle or other thing on premises where it is ordinarily kept and otherwise than in the course of, or incidental to, carrying on a commercial activity. (2) The person commits an offence if— (a) there is on the premises— (i) a grassed or gravelled area where the vehicle or other thing can be washed and run-off from the area does not flow directly into a waterway; or (ii) an area identified as a place where a vehicle or other thing may be washed; and (b) the person allows run-off from the washing to enter a waterway.

Protection of waterways Division 4.2

50 Discharge of stormwater into receiving waters (a) the person discharges stormwater from— (i) a sediment retention dam; or (ii) footings; or (iii) another stormwater retention area; and (b) the stormwater flows into receiving waters; and (c) the suspended solids concentration in the stormwater is higher than 60mg/L. receiving waters means ground water or a waterway.

Part 5 Polychlorinated biphenyls (PCBs) Part 5 Polychlorinated biphenyls (PCBs) 51 Definitions for pt 5 PCB means a polychlorinated biphenyl with the chemical formula C12H10-nCln, where n is a whole number in the range from 1 to 10 (including 1 and 10). PCB material means a material that contains more than 2mg PCB/kg.

52 PCBs taken to cause environmental harm—Act, s 5 (b) (1) A PCB material is taken to cause environmental harm if it enters the environment. (2) A thing containing PCB material is taken to cause environmental harm if it enters the environment.

52A Definitions—pt 5A end use—see the Industrial Chemicals Act 2019 (Cwlth), section 9. Note The Industrial Chemicals Act 2019 (Cwlth) does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Act, s 164B). IChEMS register means the register established under the Industrial Chemicals Environmental Management (Register) Act 2021 (Cwlth), section 22 (1). Note The IChEMS register does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Act, s 164B). The IChEMS register is accessible at www.legislation.gov.au. IChEMS scheduling decision, for an industrial chemical, means a scheduling decision for the industrial chemical in force under the Industrial Chemicals Environmental Management (Register) Act 2021 (Cwlth), section 11. industrial chemical—see the Industrial Chemicals Environmental Management (Register) Act 2021 (Cwlth), section 8. industrial use—see the Industrial Chemicals Act 2019 (Cwlth), section 9.

52B Certain industrial chemicals taken to cause environmental harm—Act, s 5 (b) (1) An industrial chemical listed in the IChEMS register, schedule 6 or 7 is taken to cause environmental harm if it enters the environment. (2) An article or product containing an industrial chemical listed in the IChEMS register, schedule 6 or 7 is taken to cause environmental harm if the article or product enters the environment.

(3) This section does not apply if the industrial chemical, or the article or product containing the industrial chemical, enters the environment in accordance with all applicable IChEMS scheduling decisions for the industrial chemical in the IChEMS register, schedules 6 and 7.

52C Compliance with IChEMS scheduling decisions for industrial chemicals A person must comply with an IChEMS scheduling decision that specifies— (a) that the manufacture of an industrial chemical is prohibited or restricted; or (b) that the manufacture of an article or product containing an industrial chemical is prohibited or restricted; or (c) that an end use for an industrial chemical is prohibited or restricted; or (d) that a use of an article or product containing an industrial chemical is prohibited or restricted; or (e) a risk management measure for an industrial chemical or an end use of an industrial chemical; or (f) a risk management measure for an article or product containing an industrial chemical.

52D Offence—contravention of IChEMS scheduling decision (a) the person engages in conduct; and (b) the conduct contravenes an IChEMS scheduling decision mentioned in section 52C (other than a risk management measure applying the IChEMS Minimum Standards). Maximum penalty: (a) if the IChEMS scheduling decision is in the IChEMS register, schedule 1, 2 or 3—5 penalty units; or (b) if the IChEMS scheduling decision is in the IChEMS register, schedule 4 or 5—10 penalty units; or (c) if the IChEMS scheduling decision is in the IChEMS register, schedule 6 or 7—20 penalty units. Note Conduct includes acts and omissions (see Act, dict). (2) An exception provided in an IChEMS scheduling decision is taken to be an exception to an offence against this section. Example—exception provided in IChEMS scheduling decision an exception to a prohibition on the end use for an industrial chemical that allows its end use for a particular purpose (3) This section does not apply to an industrial chemical, or an article or product containing an industrial chemical, if— (a) for an IChEMS scheduling decision that applies to the manufacture of the chemical, article or product—the chemical, article or product was manufactured for purposes that do not include an industrial use by any person; or (b) for an IChEMS scheduling decision that applies to the use (including end use) of the chemical, article or product—the use by the person was not an industrial use; or

(c) in any case— (i) the chemical, article or product was manufactured for purposes that do not include an industrial use by any person; and (ii) no use (including end use) by any person of the chemical, article or product was an industrial use. mentioned in s (2) and s (3) (see Criminal Code, s 58).

52E Offence—contravention of IChEMS scheduling decision— IChEMS Minimum Standards (a) the person engages in conduct; and (b) the conduct contravenes an IChEMS scheduling decision mentioned in section 52C that is a risk management measure applying the IChEMS Minimum Standards. Maximum penalty: (a) if the IChEMS scheduling decision is in the IChEMS register, schedule 1, 2 or 3—5 penalty units; or (b) if the IChEMS scheduling decision is in the IChEMS register, schedule 4 or 5—10 penalty units; or (c) if the IChEMS scheduling decision is in the IChEMS register, schedule 6 or 7—20 penalty units. Note Conduct includes acts and omissions (see Act, dict). (2) This section does not apply to an industrial chemical, or an article or product containing an industrial chemical, if— (a) the chemical, article or product was manufactured for purposes that do not include an industrial use by any person; and

(b) no use (including end use) by any person of the chemical, article or product was an industrial use. mentioned in s (2) (see Criminal Code, s 58).

53 Definitions—pt 6 agricultural chemical product—see the agvet code, section 4. agvet chemical product means— (a) an agricultural chemical product; or (b) a veterinary chemical product. agvet code means the Agvet Code of the ACT, under the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth) as in force from time to time. Note 1 The Agvet Code of the ACT is set out in the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth), sch (see that Act, s 5 (1)). Note 2 The Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth) does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Act, s 164B). agvet permit means a permit issued under the agvet code, part 7. approved label, for a registered agvet chemical product—see the agvet code, section 3. instruction on the approved label for a registered agvet chemical product—see the agvet code, section 3. registered, for an agvet chemical product, means registered under the agvet code, part 2. veterinary chemical product—see the agvet code, section 5.

Interpretation Division 6.1

53A Using registered agvet chemical product in accordance with instructions (1) In this part, a registered agvet chemical product is taken to be used in accordance with the instructions on the approved label for the product if— (a) the person uses the product— (i) at a concentration less than the concentration stated in the instructions; or (ii) at a rate of application lower than the rate stated in the instructions; or (iii) less frequently than is stated in the instructions; or (iv) to control a pest not stated in the instructions; or (v) by mixing the product with another substance; and (b) the use is not prohibited by the instructions. (2) In this section: pest—see the agvet code, section 3.

53B Agvet permits—eligible laws for agvet code For the agvet code, section 3, definition of eligible law, each of the following sections is declared to be an eligible law for the agvet code, section 109, definition of permit, paragraph (b): (a) section 55 (Use of agricultural chemical products); (b) section 55A (Use of veterinary chemical products). Note Under the agvet code, the APVMA may issue a permit allowing a person to do something with an agvet chemical product that would otherwise be an offence under an ACT law declared to be an eligible law (see the agvet code, s 3, definition of eligible law and s 109, definition of permit, par (b)).

Division 6.2 Agvet chemical products causing environmental harm Division 6.2 Agvet chemical products causing 54 Agvet chemical products taken to cause environmental harm—Act, s 5 (b) (1) An agvet chemical product is taken to cause environmental harm if it enters the environment. (2) Subsection (1) does not apply if the agvet chemical product enters the environment while being used in accordance with— (a) an agvet permit; or (b) for a registered agvet chemical product—the instructions on the approved label for the product. Note It is an offence for a person to pollute the environment causing environmental harm (see Act, s 137, s 138 and s 139).

55 Use of agricultural chemical products (a) the person stores, uses or disposes of a registered agricultural chemical product; and (b) the storage, use or disposal is not in accordance with the instructions on the approved label for the product. (a) the person stores, uses or disposes of an agricultural chemical product; and (b) the product is not a registered agricultural chemical product.

Using agvet chemical products Division 6.3 (4) Subsections (1) and (2) do not apply if— (a) the person holds an agvet permit for the product; and (b) the storage, use or disposal is in accordance with the permit. mentioned in s (4) (see Criminal Code, s 58).

55A Use of veterinary chemical products (a) the person stores, uses or disposes of a registered veterinary chemical product; and (b) the storage, use or disposal is not in accordance with the instructions on the approved label for the product. (a) the person stores, uses or disposes of a veterinary chemical product; and (b) the product is not a registered veterinary chemical product. (4) Subsections (1) and (2) do not apply if— (a) the person holds an agvet permit for the product; and (b) the storage, use or disposal is in accordance with the permit. (5) Subsection (1) does not apply if the person— (a) is a veterinary practitioner storing, using or disposing of the product in the course of treating an animal in their care; or

(b) stores, uses or disposes of the product in accordance with instructions provided by a veterinary practitioner in the course of treating an animal in their care. mentioned in s (4) and s (5) (see Criminal Code, s 58).

55B Recording use of agricultural chemical products (a) uses an agricultural chemical product; and (b) fails to do any of the following: (i) record the required information about the use; (ii) make the record within 48 hours after the use; (iii) keep the record for 2 years after the date of the use. (3) The record of use of an agricultural chemical product must include the following information (the required information): (a) the trade name of the product; (b) the date and time the product was used; (c) the rate at which the product was applied or information that would allow the rate to be worked out; (d) the crop or commodity to which, or the circumstance in which, the product was applied; (e) the address of the parcel of land, and a description of the location within the parcel, where the product was used; (f) the name and contact details of the person who used the product;

Using agvet chemical products Division 6.3 (g) for a product used in providing a service—the name and contact details of the recipient of the service; (h) for a registered agricultural chemical product—any other information required to be kept by an instruction on the approved label for the product; (i) for an agricultural chemical product used under an agvet permit—any other information required to be kept under the permit. (4) This section does not apply to the use of an agricultural chemical product if the product is— (a) a household product or a home garden product that is— (i) ordinarily used for household use; and (ii) ordinarily available in a retail store; and (iii) applied by hand or by using a hand-held device; or (b) used to sanitise pool or spa water. Note Under the Agricultural and Veterinary Chemicals Code Regulations 1995 (Cwlth), sch 3, certain pool and spa products are declared to be, or not to be, agricultural chemical products. (5) In this section: hand-held device, for applying an agricultural chemical product, means a device— (a) operated manually by a person to apply the product; and (b) in which the product is stored before it is applied; and (c) that the person is reasonably able to carry while the device is being used to store or apply the product. a manually operated backpack spray unit

pool or spa means a structure ordinarily holding or using water that is ordinarily used for recreation or mainly for recreation, whether intended for public or private use.

Division 6.4 Training requirements for use of certain agvet chemical products

55C Definitions—div 6.4 In this division: approved VET course unit of competency—see section 55E (1) registered training organisation—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3, as in force from time to time. Note The National Vocational Education and Training Regulator Act 2011 (Cwlth) does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Act, s 164B). restricted agvet chemical product—see the agvet code, section 3, definition of restricted chemical product. schedule 7 poison means a chemical mentioned in the Poisons Standard, schedule 7. statement of attainment means a VET statement of attainment under the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3, as in force from time to time. VET course—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3, as in force from time to time.

55D Declared agvet chemical products (1) The authority may declare a restricted agvet chemical product, or an agvet chemical product containing a schedule 7 poison, that is— (a) a liquid fumigant to be a declared liquid fumigant for section 55F (1); and

(b) a vertebrate poison to be a declared vertebrate poison for section 55G (1); and (c) an avicide to be a declared avicide for section 55H (1); and (d) an industrial timber treatment to be a declared industrial timber treatment for section 55I (1); and (e) a termiticide to be a declared termiticide for section 55J (1). (2) A declaration is a notifiable instrument.

55E Approved VET course units of competency (1) The authority may approve a VET course unit of competency (an approved VET course unit of competency) for the following provisions: (a) section 55F (3) (a); (b) section 55G (3) (a); (c) section 55H (3) (a); (d) section 55I (3) (a); (e) section 55J (3) (a); (f) section 55K (3) (a); (g) section 55L (3) (a). (2) An approval is a notifiable instrument.

55F Training—use of declared liquid fumigants (1) A person commits an offence if the person uses a declared liquid fumigant.

55G Training—use of declared vertebrate poisons (1) A person commits an offence if the person uses a declared vertebrate poison. (4) Subsection (1) does not apply if— (a) the declared vertebrate poison is in the form of a prepared bait; and (b) the use is in accordance with an environmental authorisation. Note 1 Environmental authorisation—see the Act, dictionary.

Note 2 It is an offence to conduct a class A activity without an environmental authorisation—see the Act, s 42. The commercial use of a registered agvet chemical product for pest control or turf management is a class A activity—see the Act, sch 1, table 1.2, item 29. Note 3 The defendant has an evidential burden in relation to the matters

55H Training—use of declared avicides (1) A person commits an offence if the person uses a declared avicide. (3) Subsection (1) does not apply if the person— (a) holds— (i) a VET statement of attainment issued by a registered training organisation stating that the person has successfully completed each approved VET course unit of competency required for this section; or (ii) a qualification that is substantially equivalent to the statement of attainment mentioned in subparagraph (i); and (b) has successfully completed an approved avicide training course. (4) The authority may approve a VET course unit of competency or other training course for this section (an approved avicide training course) if satisfied that it includes appropriate training in— (a) identifying pest birds and understanding their behaviour; and (b) assessing how to manage pest birds and control them using agvet chemical products. (5) An approval is a notifiable instrument.

55I Training—use of declared industrial timber treatments (1) A person commits an offence if the person uses a declared industrial timber treatment.

55J Training—use of declared termiticides (1) A person commits an offence if the person uses a declared termiticide as a pre-construction termiticide product.

(4) For subsection (1), a person uses a declared termiticide as a pre-construction termiticide product if the person uses the declared termiticide to install a chemical soil barrier to impede and discourage the concealed entry of termites into a structure before construction of the structure is completed.

55K Training—use of other agricultural chemical products containing schedule 7 poisons (a) the person uses an agricultural chemical product; and (b) the product contains a schedule 7 poison; and (c) the product is not any of the following: (i) a declared liquid fumigant; (ii) a declared vertebrate poison; (iii) a declared avicide; (iv) a declared industrial timber treatment; (v) a declared termiticide.

(4) Subsection (1) does not apply if— (a) the person uses the product— (i) as part of a farming or grazing activity; and (ii) under the supervision of another person (the supervisor) who holds a qualification mentioned in subsection (3); and (b) before the use, the supervisor— (i) chooses the product and prepares it for the use; and (ii) checks that any equipment that is to be used to apply the product is in good working order; and (iii) instructs the user how to use the product; and (c) the person has used the product on not more than— (i) 4 days in the last month; and (ii) 12 days in the last year.

55L Training—use of registered veterinary chemical products containing schedule 7 poisons (a) the person uses a registered veterinary chemical product; and (b) the product contains a schedule 7 poison; and (c) the person is not a veterinary practitioner.

(4) Subsection (1) does not apply if the person— (a) holds a FeedSafe accreditation for manufacturing animal feed; and (b) uses the product in manufacturing animal feed at a place where an accredited animal feed manufacturer holds a FeedSafe accreditation for manufacturing animal feed. (5) In this section: FeedSafe accreditation means the accreditation given by SFMCA under the quality assurance accreditation program known as FeedSafe operated by SFMCA. SFMCA means the Stock Feed Manufacturers’ Council of Australia Incorporated ABN 84 816 063 155.

56 Definitions for pt 7 agency means the entity nominated by a jurisdiction for the NEPM. consignment authorisation means an approval allowing the movement of controlled waste into a jurisdiction of destination given by an agency or a facility delegated by the agency in the jurisdiction. controlled waste means a thing mentioned in the NEPM, schedule A, list 1 (Waste categories) if it has 1 or more of the characteristics mentioned in the NEPM, schedule A, list 2 (Characteristics of controlled wastes). facility means a place where controlled waste is received. jurisdiction of destination, for movement of controlled waste, means the jurisdiction where the facility is located that the waste is being moved to. jurisdiction of origin, for movement of controlled waste, means the jurisdiction where the waste is being moved from. jurisdiction of transit, for movement of controlled waste, means a jurisdiction through which the waste is moved that is not the jurisdiction of origin or the jurisdiction of destination.

Interpretation Division 7.1 NEPM means the National Environment Protection (Movement of Controlled Waste between States and Territories) Measure, as in force from time to time, made under the national scheme laws. Note 1 The national scheme laws are the National Environment Protection Council Act 1994 and the National Environment Protection Council Act 1994 (Cwlth). Note 2 The NEPM does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Act, s 164B). The NEPM is accessible at www.legislation.gov.au. producer means a person who produces controlled waste. transporter means a person who moves controlled waste— (a) from a jurisdiction of origin to a jurisdiction of destination; or (b) through a jurisdiction of transit. waste means a thing, whether valuable or not, that is— (a) discarded; or (b) rejected; or (c) unwanted; or (d) surplus; or (e) abandoned; or (f) intended for recycling, reprocessing, recovery, reuse, or purification.

Division 7.2 Movement of controlled waste between states

57 Application of div 7.2 This division does not apply to the following: (a) the movement of controlled waste only between places within the ACT; Note For the movement of regulated waste (including controlled waste) only between places within the ACT, see the Act, sch 1, table 1.2, item 9. (b) the movement of controlled waste in accordance with the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (Cwlth), as in force from time to time; Note The Hazardous Waste (Regulation of Exports and Imports) Act 1989 (Cwlth) does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Act, s 164B). (c) the movement of controlled waste in an emergency to protect life, the environment or property; (d) the movement of controlled waste to be used in analysis for waste categorisation; (e) the movement of controlled waste to be used in research if the movement is approved by the agency in the jurisdiction of destination; (f) the movement of controlled waste by pipeline; (g) the movement of containers in which there remains a small amount of residual controlled waste for refilling with the same substance.

Movement of controlled waste between states Division 7.2

58 Consignment authorisation for controlled waste (1) A producer commits an offence if the producer— (a) moves controlled waste into a jurisdiction of destination; and (b) does not have a consignment authorisation for the movement of the waste. (2) A producer commits an offence if— (a) the producer consigns controlled waste to a transporter; and (b) the transporter does not hold an environmental authorisation for the consignment. (3) A person in charge of a facility commits an offence if the person— (a) accepts a consignment of controlled waste; and (b) does not have a consignment authorisation for the movement of the waste.

59 Information to accompany controlled waste (1) A producer commits an offence if— (a) the producer consigns controlled waste to a transporter; and (b) the producer does not give the transporter the information mentioned in the NEPM, schedule B, part 1 for the controlled waste in written or electronic form.

(2) A transporter commits an offence if— (a) the transporter moves controlled waste; and (b) the transporter does not keep the following information, in written or electronic form, with the controlled waste during the movement: (i) information, provided by the producer, mentioned in the NEPM, schedule B, part 1 for the controlled waste; (ii) information mentioned in the NEPM, schedule B, part 2 for the controlled waste.

60 Records of movement of controlled waste (1) A producer commits an offence if the producer does not keep a copy of the information mentioned in section 59 (1) (b) for each consignment of controlled waste for at least 1 year after the date of the movement of the controlled waste. (2) A transporter commits an offence if the transporter does not keep a copy of the information mentioned in section 59 (2) (b) (i) and (ii) for each consignment of controlled waste for at least 1 year after the date of the movement of the controlled waste.

Controlled waste taken to cause environmental harm Division 7.3

61 Notification of receipt of controlled waste (1) A producer commits an offence if the producer— (a) moves controlled waste into a jurisdiction of destination; and (b) does not receive, within 14 days after the day when the controlled waste was due to arrive at the facility, the information mentioned in the NEPM, schedule B, part 1 for the controlled waste from the agency or facility that gave the consignment authorisation for the controlled waste; and (c) does not tell the environment protection authority in writing that the producer has not received the information. Division 7.3 Controlled waste taken to cause

62 Controlled waste taken to cause environmental harm— Act, s 5 (b) Controlled waste is taken to cause environmental harm if it enters the environment.

Part 8 Sampling and analysis of pollutants 63 Application of pt 8 This part does not apply to the sampling and analysis of noise. 64 People who may conduct analysis (1) The analysis of a pollutant must be conducted by a person employed as an analyst in any of the following organisations: (a) an Australian university; (b) a laboratory operated by or on behalf of the Territory, the Commonwealth or a State; (c) a laboratory accredited by the National Association of Testing Authorities if the laboratory’s scope of accreditation includes analysis of the pollutant; Note For information about the National Association of Testing Authorities—see www.nata.com.au. (d) a laboratory approved under subsection (2). (2) The Minister may approve a laboratory for this section. (3) An approval is a disallowable instrument.

Sampling and analysis of pollutants Part 8

65 Procedures and protocols Sampling and analysis of a pollutant must be conducted in accordance with— (a) a national environment protection protocol for the purpose in a national environment protection measure, as in force from time to time, made under the national scheme laws; or Note The national scheme laws are the National Environment Protection Council Act 1994 and the National Environment Protection Council Act 1994 (Cwlth). (b) a procedure for that purpose provided under a law of the Territory, the Commonwealth or a State; or (c) a protocol for the purpose in a standard published by or on behalf of Standards Australia; or (d) a protocol for the purpose in a standard published by or on behalf of the International Standards Organisation; or (e) a protocol for the purpose published by a recognised entity. Note A law or instrument applied by this section does not need to be notified under the Legislation Act because s 47 (5) and (6) do not apply (see Act, s 164B). A law or instrument applied by this section is available: • for a law of another jurisdiction—on the jurisdiction’s legislation website • for a standard published by or on behalf of Standards Australia—at www.standards.org.au • for another law or instrument—in accordance with the Act, s 164B (3).

66 What is a recognised entity? (1) A recognised entity is— (a) the Territory, the Commonwealth or a State; or (b) the environment protection authority; or

(c) an entity established under a law of the Commonwealth or a State that has functions corresponding, or substantially corresponding, to the functions of the environment protection authority; or (d) the National Environment Protection Council (NEPC) established by the national scheme laws; or Note The national scheme laws are the National Environment Protection Council Act 1994 and the National Environment Protection Council Act 1994 (Cwlth). (e) the Commonwealth Scientific and Industrial Research Organisation (CSIRO) established by the Science and Industry Research Act 1949 (Cwlth), as in force from time to time; or (f) a co-operative research centre established under the Commonwealth Co-operative Research Centre Program; or (g) an Australian university; or (h) the United States Environmental Protection Agency; or (i) the American Public Health Association; or (j) an entity approved by the Minister under subsection (2). Note For information about— • the NEPC—see www.nepc.gov.au • the CSIRO—see www.csiro.au • the Commonwealth Co-operative Research Centre Program—see www.cooperativeresearch.org.au • the United States Environmental Protection Agency—see www.epa.gov • the American Public Health Association—see www.apha.org. (2) The Minister may approve an entity as a recognised entity. (3) An approval is a disallowable instrument.

Erosion and sediment control measures for development sites Part 8A

Part 8A Erosion and sediment control measures for development sites

66A Meaning of erosion and sediment control measures— pt 8A erosion and sediment control measures means measures to prevent or limit pollution on a development site. Examples—erosion and sediment control measures • diversion structures • dust suppression • geotextile sediment and control barriers • sediment control ponds • stabilised access or egress points

66B Development sites 0.3ha or greater A person who is in charge of development on a development site commits an offence if— (a) the site is 0.3ha or greater; and (b) the person does not install and maintain on the site erosion and sediment control measures required under the environmental protection agreement that is in effect in relation to the development.

66C Development sites less than 0.3ha (1) A person who is in charge of development on a development site commits an offence if— (a) the site is less than 0.3ha; and

Part 8A Erosion and sediment control measures for development sites (b) the person does not install and maintain on site erosion and sediment control measures— (i) if it is a condition of a development approval that measures be installed and maintained—in accordance with the condition; or (ii) otherwise as approved by a certifier for building work. certifier, for building work—see the Building Act 2004, dictionary.

Miscellaneous Part 9

Part 9 Miscellaneous

70 Entity to be consulted—Act, s 25 (5) The following entities are prescribed: (a) the Conservation Council ACT Region Incorporated (ABN 68 248 339 828); (b) the Canberra Business Chamber Ltd (ACN 600 390 538).

Schedule 1 Exceptions—chimney emissions and open-air fires Part 1.1 Chimney emissions Schedule 1 Exceptions—chimney emissions and open-air fires Part 1.1 Chimney emissions (see s 8 and s 9) Table 1.1 item source 1 smoke from a source (a) the concentration of smoke is higher than the standard stated in the table for the source for 20 minutes or less in a 24-hour period; and (b) the emission is only because of lighting a boiler or incinerator from cold; and (c) all steps that are practicable and reasonable 2 smoke from a source (a) the emission is only because of blowing the tubes of a boiler; and (b) all steps that are practicable and reasonable

Exceptions—chimney emissions and open-air fires Schedule 1 Chimney emissions Part 1.1 item source 3 soot from a source (a) the concentration of soot is higher than the standard stated in the table for the source for 20 minutes or less in a 24-hour period; and (b) the emission is only because of lighting a boiler or incinerator from cold; and (c) all steps that are practicable and reasonable 4 soot from a source (a) the emission is only because of blowing the tubes of a boiler; and (b) all steps that are practicable and reasonable

Schedule 1 Exceptions—chimney emissions and open-air fires Part 1.2 Open-air fires Part 1.2 Open-air fires (see s 8 and s 9) Table 1.2 item 1 cooking or heating food or drink 2 heating (a) the fire is outside a built-up area; or (b) for a fire in a built-up area—the fire is in a fireplace or container that will contain the fire 3 teaching firefighting methods the teaching is authorised by the chief officer (fire and rescue service) or chief officer (rural fire service) 4 burning plant matter in course of primary production the fire is outside a built-up area 5 destroying a thing the destruction is required under the Biosecurity Act 2023 6 celebration or similar the celebration or activity is held— (a) on residential land; and (b) during the period starting on the Saturday 9 days before the Queen’s birthday public holiday and ending on the Sunday 6 days after the public holiday Note The Queen’s birthday public holiday is the 2nd Monday in June (see Holidays Act 1958, s 3 (1) (a) (viii))

Exceptions—chimney emissions and open-air fires Schedule 1 Open-air fires Part 1.2 item 7 display, ceremony, celebration or similar the display, ceremony, celebration or activity— (a) is authorised by the emergency services commissioner; and (b) is conducted in accordance with an approval; and (c) is either— (i) held on unleased land; or (ii) held with the consent of the lessee on leased land that is not residential land

Schedule 2 Noise zones, noise standards and conditions (see s 23, s 24 and s 29) Note Noise emitted from land in the ACT may affect NSW land. Accordingly, this regulation prescribes the noise standard for certain NSW land. 2.1 Definitions for pt 2.1 broadacre zone means an area designated as a broadacre zone in the CCEP core means the area identified as the core area within the city centre entertainment precinct in the territory plan. CCEP frame means the area identified as the frame area within the city centre entertainment precinct in the territory plan. Central National Area (City Hill Precinct) means the area identified as City Hill Precinct in the national capital plan. Note The national capital plan does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Act, s 164B). The national capital plan is accessible at www.legislation.gov.au. Central National Area (Fairbairn) means the area identified as Central National Area (Fairbairn) in the national capital plan. Central National Area (Parliamentary Zone and Other Areas) means the following areas identified in the national capital plan: (a) Central National Area (The Parliamentary Zone); (b) Central National Area (Barton); (c) sections 39, 40 and 41 of Central National Area (Yarralumla);

Noise zones Part 2.1 (d) Central National Area (Acton); (e) Central National Area (Constitution Avenue and Anzac Parade); (f) Central National Area (Duntroon, ADFA and Campbell Park); (g) Central National Area (Lake Burley Griffin and Foreshores). city centre means the area identified as the city in the territory plan. commercial CZ3 zone means an area designated as a commercial CZ3 (Services Zone) zone in the territory plan. commercial CZ4 zone means an area designated as a commercial CZ4 (Local Centre Zone) zone in the territory plan. commercial CZ5 zone means an area designated as a commercial CZ5 (Mixed Use Zone) zone in the territory plan. community facility zone means an area designated as a community facility zone in the territory plan. corridor site means an area identified as a corridor site in the territory group centre means an area identified as a group centre in the industrial zone means an area designated as an industrial zone in the leisure and accommodation zone means an area designated as a leisure and accommodation zone in the territory plan. national capital plan means the national capital plan as in force from time to time. Note National capital plan is defined in the Legislation Act, dict, pt 1. office site means an area identified as an office site in the territory

Queanbeyan city business zone means a business zone under the Queanbeyan Local Environmental Plan 1998, as in force from time to time, made under the Environmental Planning and Assessment Act 1979 (NSW). Queanbeyan city industrial zone means an industrial zone under the Queanbeyan Local Environmental Plan 1998, as in force from time to time, made under the Environmental Planning and Assessment Act 1979 (NSW). Queanbeyan city special uses zone means a special uses zone under the Queanbeyan Local Environmental Plan 1998, as in force from time to time, made under the Environmental Planning and Assessment Act 1979 (NSW). restricted access recreation zone means an area designated as a restricted access recreation zone in the territory plan. town centre means an area identified as a town centre in the territory TSZ2 services zone means an area identified as a TSZ2 (Services Zone) zone in the territory plan. Table 2.1 item 1 zone A land in an industrial zone industrial zone 2 zone B1 land in the city centre or a town centre, other than land in the CCEP core and CCEP frame 3 zone B2 land in the Central National Area (City Hill Precinct), other than land in the CCEP frame business zone

Noise zones Part 2.1 item 4 zone B3 land in the CCEP core 5 zone B4 land in the CCEP frame 6 zone C1 land in a group centre 7 zone C2 land in a corridor site or an office site land in the Central National Area (Parliamentary Zone and Other Areas) 8 zone D land (other than land in centres) in a commercial CZ4 zone 9 zone E land (other than land in centres) in— • a restricted access recreation zone • a broadacre zone

item 10 zone F land (other than land in centres) in— • a commercial CZ3 zone • a commercial CZ5 zone (other than land in zone FA) • a TSZ2 services zone • a community facility zone • a leisure and accommodation zone special uses zone 11 zone FA land (other than land in centres) in a commercial CZ5 zone adjoining— • the CCEP frame and • zone G 12 zone G all other land, other than land in the Central National Area (Fairbairn) all other NSW land

Noise standards Part 2.2

Part 2.2 Noise standards Table 2.2 Noise zones other than zones B1, B3, B4 and C1 item Monday-Saturday any other time not mentioned in column 3 1 zone A 65 55 2 zone B2 60 50 3 zone C2 55 45 4 zone D 50 35 5 zone E 50 40 6 zone F same as the noise standard for the adjoining noise zone with the loudest noise standard for the time period 7 zone FA 60 50 8 zone G 45 35 Table 2.2A Noise zone B1 item Monday-Thursday Friday and Saturday 7 am–12 am any other time not mentioned in column 3 1 zone B1 60 50

Part 2.2 Noise standards Table 2.2AA Noise zones B3 and B4—entertainment noise from place other than dwelling item zone Sunday- Wednesday and 10 am–11 pm Thursday- Saturday 10 am–1 am any other time not mentioned in (dB(C)) Sunday- Wednesday and 10 am–11 pm Thursday- Saturday 10 am–1 am column 6 (dB(C)) any other time not mentioned in 1 zone B3 75 60 90 75 2 zone B4 65 55 80 70 Table 2.2B Noise zone C1 item Monday-Thursday Friday and Saturday 7 am–11 pm any other time not mentioned in column 3 1 zone C1 55 45

2.2 Interpretation for pt 2.3 (1) In this part: building intruder alarm means a device that— (a) incorporates or connects to a sounding device; and (b) on being triggered, causes the sounding device to emit sound. habitable room means a room other than a garage, storage area, bathroom, laundry, toilet or pantry. light rail—see the Road Transport (General) Act 1999, dictionary. major road means an area identified in the territory plan as being in the transport zone. motor vehicle intruder alarm means a device that— (a) incorporates or connects to a sounding device; and (b) on being triggered, causes the sounding device to emit sound; and (c) is attached to, or forms part of, a motor vehicle for use as an intruder alarm (whether or not the device is also designed to deny access to the motor vehicle or to the motor vehicle’s steering, fuel or other systems). network facility—see the Utilities Act 2000, dictionary. reserve—see the Nature Conservation Act 2014, section 169. Note Reserves include wilderness areas, national parks, nature reserves, catchment areas and other areas of public land. territory network facility—see the Utilities Act 2000, dictionary.

(2) For this part, an intruder alarm that sounds intermittently is taken to sound continuously for the purpose of measuring the period of time for which it sounds. Table 2.3 item 1 noise emitted in the course of primary production 2 noise emitted in the course of managing a reserve 3 noise emitted in the course of maintaining a garden or grounds on residential land

item 4 noise emitted in the course of maintaining a garden or grounds on land other than residential land 5 noise emitted in the course of maintaining or repairing something (b) any noise exceeding a zone noise standard is emitted for periods totalling not more than 40 hours in any 8-week period; and (c) the equipment used is maintained and 6 noise emitted in the course of building work for which a building approval under the Building Act 2004, division 3.3 is required (i) the noise is emitted from a place in noise zone A or B; and (ii) all relevant noise reduction measures and (iii) the noise is emitted between 6 am and 8 pm; or other than a place in noise zone A or B; and

item (ii) the building work will be finished within 2 weeks after the day it started; and and (iv) the noise is emitted— Sunday or a public holiday; or (c) all of the following: other than a place in noise zone A or B; and (ii) the building work will not be finished within 2 weeks after the day it started; and and (iv) the noise is emitted between 7 am and 6 pm on Monday to Saturday, excluding public holidays

item 7 noise emitted in the course of— (a) building work for which a building under the Building Act 2004, division 3.3 is not required; or (b) internal building work; or (c) maintenance and repair work on a building. (b) the noise level at the affected place is only louder than the noise standard for the affected place at the time when the noise is emitted for less than 40 hours in an 8-week period; and (c) the equipment used is maintained and 8 noise emitted by a motor vehicle intruder alarm in a motor vehicle (a) the alarm is sounded, whether continuously or intermittently— (i) for a motor vehicle manufactured before 1 September 1997—for less than 90 seconds after the alarm first sounds; or (ii) for a motor vehicle manufactured on or after 1 September 1997—for less than 45 seconds after the alarm first sounds; or (b) a window or windscreen in the motor vehicle is broken or removed; or (c) the motor vehicle is involved in an accident; or (d) the motor vehicle is illegally broken into; or (e) there is an illegal attempt to break into the motor vehicle

item 9 noise emitted by a building intruder alarm in premises (a) for an alarm installed before 1 December 1997— (i) it automatically ceases to sound, whether continuously or intermittently, within 10 minutes after being activated by a detection device; and (ii) it cannot be reactivated (except by a different detection device) until it has been manually or automatically reset; or (b) for an alarm installed on or after 1 December 1997— (i) it automatically ceases to sound, whether continuously or intermittently, within 5 minutes after being activated by a detection device; and (ii) it cannot be reactivated (except by a different detection device) until it has been manually reset; or (c) it cannot be heard in a habitable room in any residential premises (whether or not a door or window to the room is open)

item 10 noise emitted in the course of mobile selling from a vehicle— (a) using a loudspeaker, loud hailer, chime, horn, siren, bell or whistle; and (b) for the purpose of informing people that articles are on sale from the vehicle (a) only while the vehicle is moving; and (b) between 8 am and 8 pm; and (c) for 30 seconds or less in a 3-minute period; and (d) no more than once in any 1-hour period in the same road between the closest crossroads in either direction 11 noise emitted because of a party from a parcel of land held under a territory lease (a) the noise is music; and (b) the music is only emitted between 6 pm on 31 December in a year and 12.30 am on

1 January the next year; and (c) the music is not louder than 60 dB(A) at any point as near as practicable to the boundary of the parcel of land 12 noise emitted because of a party from a road or road related area (a) the noise is music; and (b) the music is only emitted between 6 pm on 31 December in a year and 12.30 am on 1 January the next year; and (c) the music is not louder than 60 dB(A) at any point as near as practicable to the boundary of any parcel of land held under a territory lease

item 13 noise emitted in the course of warming up a motor vehicle engine (a) the noise is emitted for— (i) 5 minutes or less; or (ii) if a longer period is stated in the vehicle’s operating manual—the longer period or less; and (b) the vehicle complies with the Road Transport (Vehicle Registration) Act 1999 14 noise emitted in the course of a religious service (a) the noise is not amplified; and (b) the noise is only emitted— or a public holiday 15 noise emitted by portable loudspeakers the noise— (a) is emitted from public land; and (b) is in accordance with an approval; and (c) is emitted— a public holiday Note Approval is defined in the dictionary 16 noise emitted in the course of constructing or maintaining a major road, a dedicated bus way, a railway, or a light rail

item 17 noise emitted in the course of constructing or maintaining a road, other than a major road (a) between 7 am and 8 pm on Monday to Saturday; or (b) between 8 am and 8 pm on Sunday or a public holiday 18 noise emitted in the course of commercial collection of waste from commercial premises the collection is in accordance with an accredited code of practice under the Act, part 5 19 noise emitted in the course of carrying out maintenance or repair of a network facility or territory network facility (a) between 7 am and 10 pm on Monday to Saturday; or (b) between 8 am and 10 pm on Sunday or a 20 noise emitted in the course of conducting a test to decide a noise level for the Act (i) the noise is emitted— Sunday or a public holiday; and (ii) the noise is not emitted for longer than 2 hours in a 1-week period; and (iii) the noise is emitted for the minimum time necessary to complete the tests; or (i) the noise is emitted at a time other than a time mentioned in subsection (1) (a); and

item (ii) the environment protection authority is satisfied that it is not reasonably practicable to conduct the test during the times mentioned in subsection (1) (a) because the level of ambient noise during those times is likely to prevent effective testing; and (iii) the noise is not emitted for longer than 2 hours in a 1-week period; and (iv) the noise is emitted for the minimum time necessary to complete the tests 21 noise emitted in the course of— (a) building work that requires a building under the Building Act 2004, division 3.3; or (b) development (i) the noise is emitted from a place in noise zone A or B; (ii) all relevant noise reduction measures (iii) the noise is emitted between 6 am and 8 pm; or other than a place in noise zone A or B; (ii) the building work or development will be finished within 2 weeks after the day it started; (iv) the noise is emitted— Sunday or a public holiday; or

item (c) all of the following: other than a place in noise zone A or B; (ii) the building work or development will not be finished within 2 weeks after the day it started; (iv) the noise is emitted between 7 am and 6 pm on Monday to Saturday, excluding public holidays Example for item 10 selling ice-cream from a van and using music to attract buyers as the van moves around Note 1 The Act does not apply to noise made by a motor vehicle being driven on a road, unless it— (a) is being driven on the road to conduct reliability trials or speed tests; and (b) has been exempted under the road transport legislation from the provisions of that legislation about attaching silencers to the exhaust pipes of motor vehicles, rules of the road and speed limits during the trials or tests (see Act, s 8 (1)). Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). Note 3 AS 2436 may be purchased at www.standards.org.au.

Schedule 3 Pollutants entering waterways taken to cause environmental harm (see s 42)

Part 3.1 Domestic water supply quality (DOM1/2/3) Table 3.1.1 Group A—inorganic chemicals item 2 ammonia 3 antimony 4 arsenic 5 barium 6 boron 7 cadmium 8 chloride 9 chromium 10 copper 11 cyanide 12 fluoride 13 hydrogen sulfide 14 iodide 15 iron 16 lead 17 manganese

item 18 mercury 19 molybdenum 20 nickel 21 nitrate 22 nitrite 23 selenium 24 silver 25 sodium 26 sulfate 27 zinc Table 3.1.2 Group B—organic compounds item 1 acrylamide 2 benzene 3 carbon tetrachloride 4 chlorobenzene 5 dichlorobenzenes— 5.1 1,2-dichlorobenzene 5.2 1,3-dichlorobenzene 5.3 1,4-dichlorobenzene 6 dichloroethanes— 6.1 1,2-dichloroethane 7 dichloroethenes— 7.1 1,1-dichloroethene

item 7.2 1,2-dichloroethene 8 dichloromethane (methylene chloride) 9 ethylbenzene 10 ethylenediamine tetracetic acid (EDTA) 11 hexachlorobutadiene 12 nitrilotriacetic acid 13 organotins— 13.1 tributyltin oxide 14 plasticisers— 14.1 di (2-ethylhexyl) phthalate 14.2 polycyclic aromatic hydrocarbons (PAHs) 14.3 styrene (vinylbenzene) 14.4 tetrachloroethene 14.5 toluene 14.6 trichlorobenzenes (total) 14.7 vinyl chloride 14.8 xylene Table 3.1.3 Group C—disinfection by-products item 1 chloramine (see mono-chloramine) 2 chlorine (free) 3 chlorine dioxide 4 chlorite

item 5 chloroacetic acids— 5.1 chloroacetic acid 5.2 dichloroacetic acid 5.3 trichloroacetic acid 6 chlorophenols— 6.1 2-chlorophenol 6.2 2,4-dichlorophenol 6.3 2,4,6-dichlorophenol 7 cyanogen chloride (as cyanide) 8 formaldehyde 9 mono-chloramine 10 trichloroacetaldehyde (chloral hydrate) 11 trihalomethanes (THMs) (total) Table 3.1.4 Group D—pesticides item 1 acephate 2 aldicarb 3 aldrin 4 ametryn 5 amitrole 6 asulam 7 atrazine 8 azinphos-methyl 9 benomyl

item 10 bentazone 11 bioresmethrin 12 bromacil 13 bromophos-ethyl 14 bromoxynil 15 carbaryl 16 carbendazim 17 carbofuran 18 carbophenthion 19 carboxin 20 chlordane 21 chlorothalonil 22 chloroxuron 23 chlorphenvinphos 24 chlorpyrifos 25 chlorsulfuron 26 cichlorvos 27 clopyralid 28 2,4-D 29 DDT 30 diazinon 31 dicamba 32 dichlobenil 33 diclofop-methyl 34 dicofol

item 35 dieldrin 36 difenzoquat 37 dimethoate 38 diphenamid 39 diquat 40 disulfoton 41 diuron 42 DPA (2,2-DPA) 43 EDB 44 endosulfan 45 endothal 46 EPTC 47 ethion 48 ethoprophos 49 etridiazole 50 fenamiphos 51 fenarimol 52 fenchlorphos 53 fenitrothion 54 fenoprop 55 fensulfothion 56 fenvalerate 57 flamprop-methyl 58 fluometuron 59 formothion

item 60 fosamine ammonium 61 glyphosphate 62 heptachlor (including its epoxide) 63 hexaflurate 64 hexazinone 65 lindane 66 maldison 67 methidathion 68 methiocarb 69 methomyl 70 methoxychlor 71 metolachlor 72 metribuzin 73 metsulfuron-methyl 74 mevinphos 75 molinate 76 monocrotophos 77 napropamide 78 nitralin 79 norflurazon 80 oryzalin 81 oxamyl 82 paraquat 83 parathion 84 parathion methyl

item 85 pebulate 86 pendimethalin 87 pentachlorophenol 88 permethrin 89 picloram 90 piperonyl butoxide 91 pirimcarb 92 pirimiphos-ethyl 93 pirimiphos-methyl 94 profenofos 95 promecarb 96 propachlor 97 propanil 98 propargite 99 propiconazole 100 propozine 101 propyzamide 102 pyrazophos 103 quintozene 104 silvex (see fenoprop) 105 simazine 106 sulprofos 107 2,4,5-T 108 temephos 109 terbacil

item 110 terbufos 111 terbutryn 112 tetrachlorvinphos 113 thiobencarb 114 thiometon 115 thiophenate 116 thiram 117 triadimefon 118 trichlorfon 119 trichlorpyr 120 trifluralin 121 vernolate

Water-based recreation—swimming (REC/1) or boating (REC/2) Part 3.2 Part 3.2 Water-based recreation— swimming (REC/1) or boating (REC/2) Table 3.2 item 1 faecal coliforms 2 nitrogen 3 oil and grease 4 phosphorus

Part 3.3 Waterscape (VIEW) Part 3.3 Waterscape (VIEW) Table 3.3 item 1 nitrogen 2 oil and grease 3 phosphorus

Stock water supply (STOCK) Part 3.4 Part 3.4 Stock water supply (STOCK) Table 3.4.1 Group A—inorganic chemicals item 2 arsenic 3 barium 4 beryllium 5 boron 6 cadmium 7 calcium 8 chloride 9 chromium 10 cobalt 11 copper 12 cyanide 13 fluoride 14 iron 15 lead 16 mercury 17 molybdenum 18 nickel 19 nitrate-N 20 nitrite-N 21 selenium 22 sulfate

Part 3.4 Stock water supply (STOCK) item 23 vanadium 24 zinc Table 3.4.2 Group B—organic chemicals item 1 atrazine 2 glyphosate 3 metolachlor 4 simazine

Irrigation water supply—(IRRIG) Part 3.5 Part 3.5 Irrigation water supply—(IRRIG) Table 3.5.1 Group A—inorganic chemicals item 2 arsenic 3 beryllium 4 boron 5 cadmium 6 chloride 7 chromium 8 copper 9 fluoride 10 iron 11 lead 12 lithium 13 manganese 14 mercury 15 molybdenum 16 nickel 17 selenium 18 sodium 19 uranium 20 vanadium 21 zinc

Part 3.5 Irrigation water supply—(IRRIG) Table 3.5.2 Group B—organic chemicals item 1 atrazine 2 chlordane 3 dieldrin 4 heptachlor 5 metolachlor 6 simazine

Part 3.6 Aquatic habitat—mountain streams (AQUA/1), lowland streams (AQUA/2), urban lakes and ponds (AQUA/3), urban drains and streams (AQUA/4), urban wetlands (AQUA/5), or mountain reservoirs (AQUA/6) Table 3.6.1 Group A—inorganic chemicals item 2 ammonia 3 antimony 4 arsenic 5 beryllium 6 cadmium 7 chlorine 8 chromium 9 copper 10 cyanide 11 iron 12 lead 13 mercury 14 nickel 15 nitrite 16 phosphorus

Part 3.6 Aquatic habitat—mountain streams (AQUA/1), lowland streams (AQUA/2), item 17 selenium 18 silver 19 zinc Table 3.6.2 Group B—organic chemicals—pesticides item 1 aldrin 2 atrazine 3 captan 4 chlordane 5 chlorpyrifos 6 cyanazine 7 2,4-D 8 DDE 9 DDT 10 demeton 11 dieldrin 12 dinoseb 13 endosulfan 14 endrin 15 glyphosate 16 guthion 17 heptachlor 18 lindane

item 19 malathion 20 methoxychlor 21 metolachlor 22 metribuzin 23 mirex 24 parathion 25 picrolam 26 simazine 27 toxaphene Table 3.6.3 Group C—organic chemicals—non-pesticide anthropogenic organics item 1 acrolein 2 chlorinated benzenes— 2.1 monochlorobenzene 2.2 1,2-dichlorobenzene 2.3 1,3-dichlorobenzene 2.4 1,4-dichlorobenzene 2.5 1,2,3-trichlorobenzene 2.6 1,2,4-trichlorobenzene 2.7 1,3,5-trichlorobenzene 2.8 1,2,3,4-tetrachlorobenzene 2.9 1,2,3,5-tetrachlorobenzene 2.10 1,2,4,5-tetrachlorobenzene

Part 3.6 Aquatic habitat—mountain streams (AQUA/1), lowland streams (AQUA/2), item 2.11 pentachlorobenzene 2.12 hexachlorobenzene 3 chlorinated ethylenes— 3.1 trichlorethylene 3.2 tetrachloroethylene 4 chlorinated phenols— 4.1 monochlorophenol 4.2 dichlorophenol 4.3 trichlorophenol 4.4 tetrachlorophenol 4.5 pentachlorophenol 5 halogenated aliphatic compounds— 5.1 hexachlorobutadiene 6 halogenated methanes— 6.1 carbon tetrachloride 6.2 chloroform 6.3 dichloromethane (methylene chloride) 6.4 trihalomethanes 7 monocyclic aromatic hydrocarbons— 7.1 benzene 7.2 ethylbenzene 7.3 phenol 7.4 toluene 8 oil and grease 9 phthallate esters 10 polychlorinated biphenyls

item 11 polycyclic aromatic hydrocarbons Table 3.6.4 Group D—organic chemicals—organometallics item 1 tributyltin 2 triphenyltin

Schedule 4 Ambient environmental standards (see s 43) Part 4.1 Domestic water supply—fully treated (TAP) Table 4.1.1 Group A—microbiological quality item 1 E. coli 0 cfu per 100 mL for 98% of samples Table 4.1.2 Group B—physical quality item 1 acidity (pH) 6.5-8.5 2 colour (HU) 15 3 dissolved oxygen >85% 4 hardness 200 mg/L 5 taste and odour acceptable to most people 6 total dissolved solids 500 mg/L 7 turbidity (NTU) 5

Table 4.1.3 Group C—inorganic chemicals item 1 aluminium (acid soluble) 0.2 2 ammonia (as NH4) 0.5 3 antimony 0.003 4 arsenic 0.007 5 barium 0.7 6 boron 0.3 7 cadmium 0.002 8 chloride 250 9 chromium (as Cr(6)) 0.05 10 copper 1 11 cyanide 0.07 12 fluoride 1.5 13 hydrogen sulfide 0.05 14 iodide 0.1 15 iron 0.3 16 lead 0.01 17 manganese 0.1 18 mercury 0.001 19 molybdenum 0.05 20 nickel 0.02 21 nitrate (as nitrate) 50 22 nitrite (as nitrite) 3 23 selenium 0.01 24 silver 0.02

item 25 sodium 180 26 sulfate 250 27 zinc 3 Table 4.1.4 Group D—organic compounds item 1 acrylamide 0.0002 2 benzene 0.001 3 carbon tetrachloride 0.003 4 chlorobenzene 0.01 5 dichlorobenzenes— 5.1 1,2-dichlorobenzene 0.001 5.2 1,3-dichlorobenzene 0.02 5.3 1,4-dichlorobenzene 0.0003 6 dichloroethanes— 6.1 1,2-dichloroethane 0.003 7 dichloroethenes— 7.1 1,1-dichloroethene 0.03 7.2 1,2-dichloroethene 0.06 8 dichloromethane (methylene chloride) 0.02 9 ethylbenzene 0.003 10 ethylenediamine tetracetic acid (EDTA) 0.25 11 hexachlorobutadiene 0.0007

item 12 nitrilotriacetic acid 0.2 13 organotins— 13.1 tributyltin oxide 0.001 14 plasticisers— 14.1 di (2-ethylhexyl) phthalate 0.01 14.2 polycyclic aromatic hydrocarbons (PAHs) 0.00001 14.3 styrene (vinylbenzene) 0.004 14.4 tetrachloroethene 0.05 14.5 toluene 0.025 14.6 trichlorobenzenes (total) 0.005 14.7 vinyl chloride 0.0003 14.8 xylene 0.02 Table 4.1.5 Group E—disinfection by-products item 1 chloramine (see mono- chloramine) 2 chlorine (free) 0.6 3 chlorine dioxide 0.4 4 chlorite 0.3 5 chloroacetic acids— 5.1 chloroacetic acid 1 5.2 dichloroacetic acid 0.05 5.3 trichloroacetic acid 0.1

item 6 chlorophenols— 6.1 2-chlorophenol 0.0001 6.2 2,4-dichlorophenol 0.0003 6.3 2,4,6-dichlorophenol 0.002 7 cyanogen chloride (as cyanide) 0.07 8 formaldehyde 0.5 9 mono-chloramine 0.5 10 trichloroacetaldehyde (chloral hydrate) 0.02 11 trihalomethanes (THMs) (total) 0.25 Table 4.1.6 Group F—pesticides item 1 acephate 0.01 2 aldicarb 0.001 3 aldrin 0.0003 4 ametryn 0.05 5 amitrole 0.01 6 asulam 0.05 7 atrazine 0.02 8 azinphos-methyl 0.003 9 benomyl 0.1 10 bentazone 0.03

item 11 bioresmethrin 0.1 12 bromacil 0.3 13 bromophos-ethyl 0.01 14 bromoxynil 0.03 15 carbaryl 0.03 16 carbendazim 0.1 17 carbofuran 0.01 18 carbophenthion 0.0005 19 carboxin 0.3 20 chlordane 0.001 21 chlorothalonil 0.03 22 chloroxuron 0.01 23 chlorphenvinphos 0.005 24 chlorpyrifos 0.01 25 chlorsulfuron 0.1 26 cichlorvos 0.001 27 clopyralid 1 28 2,4-D 0.03 29 DDT 0.02 30 diazinon 0.003 31 dicamba 0.1 32 dichlobenil 0.01 33 diclofop-methyl 0.005 34 dicofol 0.003 35 dieldrin 0.0003

item 36 difenzoquat 0.1 37 dimethoate 0.05 38 diphenamid 0.3 39 diquat 0.005 40 disulfoton 0.003 41 diuron 0.03 42 DPA (2,2-DPA) 0.5 43 EDB 0.001 44 endosulfan 0.03 45 endothal 0.1 46 EPTC 0.03 47 ethion 0.003 48 ethoprophos 0.001 49 etridiazole 0.1 50 fenamiphos 0.0003 51 fenarimol 0.03 52 fenchlorphos 0.03 53 fenitrothion 0.01 54 fenoprop 0.01 55 fensulfothion 0.01 56 fenvalerate 0.05 57 flamprop-methyl 0.003 58 fluometuron 0.05 59 formothion 0.05 60 fosamine ammonium 0.03

item 61 glyphosphate 1 62 heptachlor (including its epoxide) 0.0003 63 hexaflurate 0.03 64 hexazinone 0.3 65 lindane 0.02 66 maldison 0.05 67 methidathion 0.03 68 methiocarb 0.005 69 methomyl 0.03 70 methoxychlor 0.3 71 metolachlor 0.3 72 metribuzin 0.05 73 metsulfuron-methyl 0.03 74 mevinphos 0.005 75 molinate 0.005 76 monocrotophos 0.001 77 napropamide 1 78 nitralin 0.5 79 norflurazon 0.05 80 oryzalin 0.3 81 oxamyl 0.1 82 paraquat 0.03 83 parathion 0.01 84 parathion methyl 0.1 85 pebulate 0.03

item 86 pendimethalin 0.3 87 pentachlorophenol 0.01 88 permethrin 0.1 89 picloram 0.3 90 piperonyl butoxide 0.1 91 pirimcarb 0.005 92 pirimiphos-ethyl 0.0005 93 pirimiphos-methyl 0.05 94 profenofos 0.0003 95 promecarb 0.03 96 propachlor 0.05 97 propanil 0.5 98 propargite 0.05 99 propiconazole 0.1 100 propozine 0.05 101 propyzamide 0.3 102 pyrazophos 0.03 103 quintozene 0.03 104 silvex (see fenoprop) 105 simazine 0.02 106 sulprofos 0.01 107 2,4,5-T 0.1 108 temephos 0.3 109 terbacil 0.03 110 terbufos 0.0005

item 111 terbutryn 0.3 112 tetrachlorvinphos 0.1 113 thiobencarb 0.03 114 thiometon 0.003 115 thiophenate 0.005 116 thiram 0.003 117 triadimefon 0.1 118 trichlorfon 0.005 119 trichlorpyr 0.01 120 trifluralin 0.05 121 vernolate 0.03

Part 4.2 Domestic water supply (DOM1/2/3) Section 4.1 Part 4.2 Domestic water supply (DOM1/2/3) 4.1 Ambient environmental standards to which table 4.2 applies Unless otherwise provided by table 4.2, the ambient environmental standards in relation to water quality for a waterway to which the table applies are the same as the standards stated in the tables in part 4.1. Table 4.2 Domestic water supply item DOM1 DOM2 DOM3 1 dissolved oxygen 6 mg/L or 75% 6 mg/L or 75% 5 mg/L or 60%

2 E. coli 10 cfu per 100 100 cfu per 100 100 cfu per 100 3 turbidity (NTU) 5 250 10,000

Water-based recreation—swimming (REC/1) or boating (REC/2) Part 4.3 Part 4.3 Water-based recreation— swimming (REC/1) or boating (REC/2) Table 4.3.1 Microbiology item 2 pathogenic free-living protozoans 0 organisms/100mL Table 4.3.2 Chemistry item 1 acidity pH 6.5-8.5 2 chlorophyll a ≤10g/L 3 nitrogen to phosphorus ≥12:1 4 phosphorus (total) ≤100g/L Table 4.3.3 Aesthetics item 1 clarity ≥Secchi depth 1.2 m 2 colour not objectionable 3 odour not objectionable 4 oil and grease not visible

Part 4.3 Water-based recreation—swimming (REC/1) or boating (REC/2) Table 4.3.4 Nuisance item 1 aquatic macrophytes (floating) 2 aquatic macrophytes (rooted) 3 flow rates <1.5m/s

Waterscape (VIEW) Part 4.4 Part 4.4 Waterscape (VIEW) Table 4.4.1 Microbiology item Table 4.4.2 Chemistry item 1 chlorophyll a ≤10g/L 2 nitrogen to phosphorus ≥12:1 3 phosphorus (total) ≤100g/L Table 4.4.3 Aesthetics item 1 colour not objectionable 2 oil and grease not visible

Table 4.4.4 Nuisance item 1 algal growth not objectionable 2 aquatic macrophytes (floating) 3 aquatic macrophytes (rooted) Table 4.5.1 Microbiology item 1 algae <10 000 cells/mL Table 4.5.2 Chemistry—general item 1 acidity pH 6.5-9.2 2 chlorophyll a ≤0.01mg/L 3 dissolved oxygen ≥5mg/L or 60 % saturation 4 total dissolved solids ≤3 000mg/L

Stock water supply (STOCK) Part 4.5 Table 4.5.3 Chemistry—inorganic chemicals item 1 aluminium ≤5mg/L 2 arsenic ≤0.2mg/L 3 barium ≤5mg/L 4 beryllium ≤0.1mg/L 5 boron ≤5mg/L 6 cadmium ≤0.01mg/L 7 calcium ≤1 000mg/L 8 chloride ≤2 400mg/L 9 chromium ≤1mg/L 10 cobalt ≤1mg/L 11 copper ≤0.5mg/L 12 fluoride ≤2mg/L 13 iron ≤50mg/L 14 lead ≤0.1mg/L 15 mercury ≤0.002mg/L 16 molybdenum ≤0.01mg/L 17 nickel ≤1mg/L 18 nitrate-N ≤30mg/L 19 nitrite-N ≤10mg/L 20 selenium ≤0.02mg/L 21 sulfate ≤1 000mg/L 22 vanadium ≤0.1mg/L 23 zinc ≤20mg/L

Table 4.5.4 Chemistry—organic chemicals item 1 atrazine ≤0.02mg/L 2 glyphosate ≤2mg/L 3 metolachlor ≤0.5mg/L 4 simazine ≤0.02mg/L

Irrigation water supply (IRRIG) Part 4.6 Section 4.2 Part 4.6 Irrigation water supply (IRRIG) 4.2 Faecal coliforms—IRRIG (1) For the indicator faecal coliforms in the table— (a) the median must be 1 000cfu/100mL or less for at least 5 samples taken at regular intervals within 1 month; and (b) no more than 20% of the samples may contain more than 4 000cfu/100mL. (2) In this section: cfu, for faecal coliforms, means colony forming units. 4.3 Sodium absorption ratio (1) The sodium absorption rate (SAR) is calculated using the following formula: (2) In this formula, concentrations of Na+, Ca2+ and Mg2+ are expressed in milli equivalents/L. Table 4.6.1 Microbiology item 1 faecal coliforms ≤1 000/100mL Table 4.6.2 Chemistry—general item 1 acidity pH 4.5-9.02 MgCa NaSAR 22 ++

• + =

Part 4.6 Irrigation water supply (IRRIG) Section 4.3 item 2 sodium absorption ≤10mg/L 3 total dissolved solids ≤500mg/L Table 4.6.3 Chemistry—inorganic chemicals item 1 aluminium ≤5mg/L 2 arsenic ≤0.1mg/L 3 beryllium ≤0.1mg/L 4 boron ≤6.0mg/L 5 cadmium ≤0.01mg/L 6 chloride ≤700mg/L 7 chromium ≤0.1mg/L 8 copper ≤1.0mg/L 9 fluoride ≤1.0mg/L 10 iron ≤1.0mg/L 11 lead ≤0.2mg/L 12 lithium ≤2.5mg/L 13 manganese ≤0.2mg/L 14 mercury ≤0.002mg/L 15 molybdenum ≤0.01mg/L 16 nickel ≤0.2mg/L 17 selenium ≤0.02mg/L 18 sodium 115-460mg/L 19 uranium ≤0.01mg/L

Irrigation water supply (IRRIG) Part 4.6 Section 4.3 item 20 vanadium ≤0.1mg/L 21 zinc— 21.1 soil pH6.5 ≤1mg/L 21.2 soil pH>6.5 ≤5mg/L Table 4.6.4 Chemistry—organic chemicals item 1 atrazine ≤0.02g/L 2 chlordane ≤2g/L 3 dieldrin ≤0.5g/L 4 heptachlor ≤2g/L 5 metolachlor ≤0.5g/L 6 simazine ≤0.02g/L

Section 4.4 Part 4.7 Aquatic habitat—mountain streams (AQUA/1), lowland streams (AQUA/2), urban lakes & ponds (AQUA/3), urban drains and streams (AQUA/4), urban wetland (AQUA/5), mountain reservoirs (AQUA/6) 4.4 Acidity For the indicator acidity (see table 4.7.2, item 1)— (a) the acidity must not be more than 2 standard deviations from the long-term mean for the relevant month; and (b) total alkalinity must not be less than 25% of the long-term mean for the relevant month. 4.5 Colour and turbidity The combined effects of the indicators colour and turbidity must not reduce the depth of the compensation point for photosynthesis by more than 10% of the long-term mean for the relevant month. 4.6 Total dissolved solids The value for the indicator total dissolved solids must not be more than 2 standard deviations from the long-term mean for the relevant month.

4.7 Ammonia levels The ammonia level for discharge of wastewater must be based on the highest pH and highest ambient temperature likely to happen during the year. Note The indicator ammonia is dealt with in table 4.7.8. Table 4.7.1 Indicators other than ammonia microbiology item Table 4.7.2 Indicators other than ammonia chemistry—general item 1 acidity— 1.1 AQUA/1, 2 and 6 pH 6.5-9 1.2 AQUA/3, 4 and 5 pH 6-9 2 chlorophyll a— 2.1 AQUA/1, 3 and 5 ≤10g/L 2.2 AQUA/6 ≤2g/L 3 dissolved oxygen— 3.1 AQUA/1, 4 and 6 ≥6mg/L 3.2 AQUA/2, 3 and 5 ≥4mg/L 4 nitrogen to phosphorus ratio ≥12:1 5 phosphorus (total)— 5.1 AQUA/1 and 6 ≤40g/L 5.2 AQUA/2, 3, 4 and 5 ≤100g/L

item 6 suspended solids— 6.1 AQUA/1 and 6 ≤12.5mg/L 6.2 AQUA/2, 3, 4 and 5 ≤25mg/L 7 turbidity— 7.1 AQUA/1, 2, 4 and 6 <10 nephelometric turbidity units 7.2 AQUA/3 and 5 <30 nephelometric turbidity units Table 4.7.3 Indicators other than ammonia chemistry—inorganic chemicals item 1 aluminium— 1.1 pH<6.5 ≤5g/L 1.2 pH≥6.5 ≤100g/L 2 ammonia see table 4.7.8 3 antimony ≤30g/L 4 arsenic ≤50g/L 5 beryllium ≤4g/L 6 cadmium ≤0.2g/L 7 chlorine ≤2g/L 8 chromium ≤2g/L 9 copper ≤2g/L 10 cyanide ≤5g/L 11 iron ≤300g/L 12 lead ≤1g/L

item 13 mercury ≤0.1g/L 14 nickel ≤25g/L 15 nitrite ≤60g/L 16 selenium ≤1g/L 17 silver ≤0.1g/L 18 zinc ≤5g/L Table 4.7.4 Indicators other than ammonia chemistry—organic chemicals—pesticides item 1 aldrin ≤10ng/L 2 atrazine ≤2 000ng/L 3 captan ≤2 800ng/L 4 chlordane ≤4ng/L 5 chlorpyrifos ≤1ng/L 6 cyanazine ≤2 000ng/L 7 2,4-D ≤4 000ng/L 8 DDE ≤14ng/L 9 DDT ≤1ng/L 10 demeton ≤100ng/L 11 dieldrin ≤2ng/L 12 dinoseb ≤50ng/L 13 endosulfan ≤10ng/L 14 endrin ≤2.3ng/L

item 15 glyphosate ≤65 000ng/L 16 guthion ≤10ng/L 17 heptachlor ≤3ng/L 18 lindane ≤3ng/L 19 malathion ≤70ng/L 20 methoxychlor ≤40ng/L 21 metolachlor ≤8 000ng/L 22 metribuzin ≤1 000ng/L 23 mirex ≤1ng/L 24 parathion ≤4ng/L 25 picrolam ≤29 000ng/L 26 simazine ≤10 000ng/L 27 toxaphene ≤8ng/L Table 4.7.5 Indicators other than ammonia chemistry—organic chemicals—non-pesticide anthropogenic organics item 1 acrolein ≤200ng/L 2 chlorinated benzenes— 2.1 monochlorobenzene ≤15 000ng/L 2.2 1,2-dichlorobenzene ≤2 500ng/L 2.3 1,3-dichlorobenzene ≤2 500ng/L 2.4 1,4-dichlorobenzene ≤4 000ng/L 2.5 1,2,3-trichlorobenzene ≤900ng/L

item 2.6 1,2,4-trichlorobenzene ≤500ng/L 2.7 1,3,5-trichlorobenzene ≤700ng/L 2.8 1,2,3,4-tetrachlorobenzene ≤100ng/L 2.9 1,2,3,5-tetrachlorobenzene ≤100ng/L 2.10 1,2,4,5-tetrachlorobenzene ≤150ng/L 2.11 pentachlorobenzene ≤30ng/L 2.12 hexachlorobenzene ≤7ng/L 3 chlorinated ethylenes— 3.1 trichlorethylene ≤20ng/L 3.2 tetrachloroethylene ≤260 000ng/L 4 chlorinated phenols— 4.1 monochlorophenol ≤7 000ng/L 4.2 dichlorophenol ≤200ng/L 4.3 trichlorophenol ≤18 000ng/L 4.4 tetrachlorophenol ≤1 000ng/L 4.5 pentachlorophenol ≤50ng/L 5 halogenated aliphatic compounds— 5.1 hexachlorobutadiene ≤100ng/L 6 halogenated methanes— 6.1 carbon tetrachloride ≤13 000ng/L 6.2 chloroform ≤2 000ng/L 6.3 dichloromethane (methylene chloride) ≤98 000ng/L 6.4 trihalomethanes ≤50 000ng/L

item 7 monocyclic aromatic hydrocarbons— 7.1 benzene ≤300 000ng/L 7.2 ethylbenzene ≤140 000ng/L 7.3 phenol ≤1 000ng/L 7.4 toluene ≤300 000ng/L 8 phthallate esters— 8.1 di-n-butylphthallate (DBP) ≤4 000ng/L 8.2 di-(2-ethylhexyl) phthallate (DEHP) ≤600ng/L 8.3 other phthallate esters ≤200ng/L 9 polychlorinated biphenyls ≤1ng/L 10 polycyclic aromatic hydrocarbons ≤3 000ng/L Table 4.7.6 Indicators other than ammonia chemistry—organic chemicals—organometallics item 1 tributyltin ≤8ng/L 2 triphenyltin ≤20ng/L Table 4.7.7 Indicators other than ammonia aesthetics item 1 oil and grease not visible

Table 4.7.8 Indicator ammonia item acidity ammonia concentration (mg/L) temperature → 0C 5C 10C 15C 20C 25C 30C 1 pH 6.50 <2.5 <2.4 <2.2 <2.2 <1.49 <1.04 <0.73 2 pH 6.75 <2.5 <2.4 <2.2 <2.2 <1.49 <1.04 <0.73 3 pH 7.00 <2.5 <2.4 <2.2 <2.2 <1.49 <1.04 <0.74 4 pH 7.25 <2.5 <2.4 <2.2 <2.2 <1.5 <1.04 <0.74 5 pH 7.50 <2.5 <2.4 <2.2 <2.2 <1.5 <1.05 <0.74 6 pH 7.75 <2.3 <2.2 <2.1 <2.0 <1.4 <0.99 <0.71 7 pH 8.00 <1.53 <1.44 <1.37 <1.33 <0.93 <0.66 <0.47 8 pH 8.25 <0.87 <0.82 <0.78 <0.76 <0.54 <0.39 <0.28 9 pH 8.50 <0.49 <0.47 <0.45 <0.44 <0.32 <0.23 <0.17 10 pH 8.75 <0.28 <0.27 <0.26 <0.27 <0.19 <0.16 <0.11 11 pH 9.00 <0.16 <0.16 <0.16 <0.16 <0.13 <0.10 <0.08 Note Available un-ionised or uncomplexed ammonia present is toxic to a wide range of aquatic organisms and varies with acidity (pH) and water temperature.

Part 4.8 Secondary ambient environmental standards Section 4.8 Part 4.8 Secondary ambient environmental standards 4.8 Temperature Temperature changes must not be more than 2 standard deviations from the long-term mean temperature for the relevant month. 4.9 Biological standards (1) Water quality at a site will be considered to be impaired if species richness is more than 20% lower than at an appropriate reference site. (2) Water quality at a site will be considered to be impaired if there is a significant difference in ecosystem community structure from that at an appropriate reference site, as judged by Hocutt’s procedure or another appropriate statistical technique. Table 4.8.1 Indicator—biochemical oxygen demand item area 1 Lake Burley Griffin <51 200kg/y 2 Lake Ginninderra <8 400kg/y 3 Lake Tuggeranong <5 600kg/y 4 Murrumbidgee River at ACT border <110 600kg/y

Secondary ambient environmental standards Part 4.8 Section 4.9 Table 4.8.2 Indicator—phosphorus (total) item area 1 Lake Burley Griffin <8 600kg/y 2 Lake Ginninderra <300kg/y 3 Lake Tuggeranong <600kg/y 4 Murrumbidgee River at ACT border <83 200kg/y Table 4.8.3 Indicator—sediment load item area 1 Murrumbidgee River— 1.1 • from Angle Crossing to Gudgenby River junction <88 000kg/y/river reach 1.2 • from Gudgenby junction to Point Hut Creek junction <166 000kg/y/reach 1.3 • from Point Hut junction to Kambah Pool <133 000kg/y/reach 1.4 • from Kambah Pool to Casuarina Sands <57 000kg/y/reach 1.5 • from Casuarina Sands to Uriarra Crossing <101 000kg/y/reach 1.6 • from Uriarra Crossing to Cusacks Crossing <66 000kg/y/reach 1.7 • from Cusacks Crossing to Halls Crossing <124 000kg/y/reach 1.8 • from Halls Crossing to Taemas Bridge <228 000kg/y/reach 2 Molonglo River— 2.1 • from Burbong to Oaks Estate Bridge <39 000kg/y/reach 2.2 • from Oaks Estate Bridge to Dairy Flat Bridge <19 000kg/y/reach 2.3 • from Scrivener Dam to Coppins Crossing <20 000kg/y/reach 2.4 • from Coppins Crossing to Sturt Island <25 000kg/y/reach

Part 4.8 Secondary ambient environmental standards Section 4.9 item area 3 Paddy’s River— 3.1 • from Flints Crossing to confluence with Cotter River <4 800kg/y/reach 4 Ginninderra Creek— 4.1 • from Ginninderra Dam to Murrumbidgee River <9 800kg/y/reach Table 4.8.4 Sediment contaminants item 1 pesticides sediment total pesticide concentrations must not be more than 2 standard deviations higher than the long-term mean 2 heavy metals (arsenic, cadmium, copper, lead, mercury, nickel, selenium and zinc) sediment heavy metal concentrations must not be more than 2 standard deviations higher than the long-term mean 3 polycyclic aromatic hydrocarbons (PAHs) sediment PAH concentrations must not be more than 2 standard deviations higher than the long-term mean

(see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • AS (see s 164 (1)) • chief health officer • chief officer (fire and rescue service) • chief officer (rural fire service) • contravene • director-general (see s 163) • emergency services commissioner • environment protection authority • function • law (of the Territory) • may (see s 146) • must (see s 146) • national capital plan • public holiday • State • territory lease • territory plan • veterinary practitioner. Note 3 Terms used in this regulation have the same meaning that they have in the Environment Protection Act 1997 (see Legislation Act, s 148). For example, the following terms are defined in the Environment Protection Act 1997, dictionary: • authorised officer • development • environment • environmental authorisation

• environmental harm • environmental protection agreement • land sublease • pollutant. adjoining, for noise zones, for part 3 (Noise)—see section 21. affected place, for part 3 (Noise)—see section 22. agency, for part 7 (Controlled waste)—see section 56. agricultural chemical product, for part 6 (Agvet chemical products)—see section 53. agvet chemical product, for part 6 (Agvet chemical products)—see section 53. agvet code, for part 6 (Agvet chemical products)—see section 53. agvet permit, for part 6 (Agvet chemical products)—see section 53. approval, for an activity, means a licence, lease, permit or other authority (however described) under a territory law if the authority authorises or allows the conduct of the activity on stated public land. approved label, for part 6 (Agvet chemical products)—see section 53. approved VET course unit of competency, for division 6.4 (Training requirements for use of certain agvet chemical products)—see section 55E (1). AS 2436 means AS 2436 (Guide to noise and vibration control on construction, demolition and maintenance sites), as in force from time to time. Note AS 2436 may be purchased at www.standards.org.au. as near as practicable, for part 3 (Noise)—see section 21. Australian university means an entity established, recognised or approved as a university under a territory law or the law of the Commonwealth or a State.

broadacre zone, for schedule 2, part 2.1 (Noise zones)—see building intruder alarm, for schedule 2, part 2.3 (Noise conditions)—see schedule 2, section 2.2. building work—see the Building Act 2004, section 6 (Meaning of building work). built-up area—see the Emergencies Act 2004, section 6A. CCEP core, for schedule 2, part 2.1 (Noise zones)—see schedule 2, CCEP frame, for schedule 2, part 2.1 (Noise zones)—see schedule 2, Central National Area (City Hill Precinct), for schedule 2, part 2.1 (Noise zones)—see schedule 2, section 2.1. Central National Area (Fairbairn), for schedule 2, part 2.1 (Noise Central National Area (Parliamentary Zone and Other Areas), for schedule 2, part 2.1 (Noise zones)—see schedule 2, section 2.1. chimney means a structure or opening designed to allow the emission of pollutants into the air from premises, whether or not the chimney is structurally part of the premises. city centre, for schedule 2, part 2.1 (Noise zones)—see schedule 2, city centre entertainment precinct means the area identified as the city centre entertainment precinct in the territory plan. commercial CZ3 zone, for schedule 2, part 2.1 (Noise zones)—see commercial CZ4 zone, for schedule 2, part 2.1 (Noise zones)—see

commercial CZ5 zone, for schedule 2, part 2.1 (Noise zones)—see community facility zone, for schedule 2, part 2.1 (Noise zones)—see compliance point, for part 3 (Noise)—see section 32 to section 38. consignment authorisation, for part 7 (Controlled waste)—see section 56. controlled waste, for part 7 (Controlled waste)—see section 56. corridor site, for schedule 2 (Noise zones, noise standards and conditions)—see schedule 2, section 2.1. end use, for part 5A (Industrial chemicals)—see the Industrial Chemicals Act 2019 (Cwlth), section 9. environmental values, for part 4, schedule 3 and schedule 4—see section 41. erosion and sediment control measures, for part 8A (Erosion and sediment control measures for development sites)—see section 66A. facility, for part 7 (Controlled waste)—see section 56. group centre, for schedule 2, part 2.1 (Noise zones)—see schedule 2, habitable room, for schedule 2, part 2.3 (Noise conditions)—see schedule 2, section 2.2. IChEMS register, for part 5A (Industrial chemicals)—see section 52A. IChEMS scheduling decision, for an industrial chemical, for part 5A (Industrial chemicals)—see section 52A. industrial chemical, for part 5A (Industrial chemicals)—see the Industrial Chemicals Environmental Management (Register) Act 2021 (Cwlth), section 8.

industrial use, for part 5A (Industrial chemicals)—see the Industrial Chemicals Act 2019 (Cwlth), section 9. industrial zone, for schedule 2, part 2.1 (Noise zones)—see instruction on the approved label for a registered agvet chemical product, for part 6 (Agvet chemical products)—see section 53. jurisdiction of destination, for the movement of waste, for part 7 jurisdiction of origin, for the movement of waste, for part 7 jurisdiction of transit, for the movement of waste, for part 7 leisure and accommodation zone, for schedule 2, part 2.1 (Noise light rail, for schedule 2, part 2.3 (Noise conditions)—see the Road Transport (General) Act 1999, dictionary. major road, for schedule 2, part 2.3 (Noise conditions)—see schedule 2, section 2.2. motor vehicle intruder alarm, for schedule 2, part 2.3 (Noise conditions)—see schedule 2, section 2.2. national capital plan, for schedule 2, part 2.1 (Noise zones)—see national emission guidelines, for division 2.2 (Chimney emissions causing environmental harm)—see section 7. national scheme laws––see the Act, section 2 (3). NEPM, for part 7 (Controlled waste)—see section 56. network facility, for schedule 2, part 2.3 (Noise conditions)—see the Utilities Act 2000, dictionary. noise measurement manual––see section 29A.

noise standard, for part 3 (Noise)—see section 24. noise zone, for part 3 (Noise)—see section 23. office site, for schedule 2, part 2.1 (Noise zones)—see schedule 2, owner, of land, includes— (a) a lessee; and (b) for land under a land sublease—the sublessee. parcel, of land under a territory lease, includes land under a land sublease. PCB, for part 5—see section 51. PCB material, for part 5—see section 51. Poisons Standard means the current Poisons Standard under the Therapeutic Goods Act 1989 (Cwlth) as in force from time to time. Note The Poisons Standard does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Act, s 164B). The Poisons Standard is accessible at www.legislation.gov.au. premises includes vacant land, a vehicle, a vessel or an aircraft. primary production means— (a) production resulting directly from— (i) cultivation of land; or (ii) maintaining animals or poultry for their sale, their bodily produce or natural increase; or (iii) fishing operations; or (iv) forest operations; or (v) horticulture; and (b) the manufacture of dairy produce by the person who produced the raw material used in the manufacture.

producer, for part 7 (Controlled waste)—see section 56. public land—see the Planning Act 2023, dictionary. Queanbeyan city business zone, for schedule 2, part 2.1 (Noise Queanbeyan city industrial zone, for schedule 2, part 2.1 (Noise Queanbeyan city special uses zone, for schedule 2, part 2.1 (Noise registered, for an agvet chemical product, means registered under the agvet code, part 2. reserve—for schedule 2, part 2.3 (Noise conditions)—see the Nature Conservation Act 2014, section 169. Note Reserves include wilderness areas, national parks, nature reserves, catchment areas and other areas of public land. residential land means an area identified in the territory plan as being in a residential zone. restricted access recreation zone, for schedule 2, part 2.1 (Noise restricted agvet chemical product, for division 6.4 (Training requirements for use of certain agvet chemical products)—see section 55C. road—see the Road Transport (General) Act 1999, dictionary. road related area—see the Road Transport (General) Act 1999, dictionary. sell—see the Act, schedule 2, section 2.1. schedule 7 poison, for division 6.4 (Training requirements for use of certain agvet chemical products)—see section 55C.

statement of attainment, for division 6.4 (Training requirements for use of certain agvet chemical products)—see section 55C. stormwater—see the Act, schedule 1, section 1.1. stormwater system—see the Act, schedule 1, section 1.1. territory network facility, for schedule 2, part 2.3 (Noise conditions)—see the Utilities Act 2000, dictionary. town centre, for schedule 2, part 2.1 (Noise zones)—see schedule 2, transporter, for part 7 (Controlled waste)—see section 56. TSZ2 services zone, for schedule 2, part 2.1 (Noise zones)—see unit, for part 3 (Noise)—see the Unit Titles Act 2001, section 9. units plan, for part 3 (Noise), means a units plan under the Unit Titles Act 2001, section 7. unseasoned wood means wood containing more than 20% moisture. VET course, for division 6.4 (Training requirements for use of certain agvet chemical products)—see section 55C. veterinary chemical product, for part 6 (Agvet chemical products)— see section 53. waste— (a) see the Act, schedule 1, section 1.1; but (b) for part 7 (Controlled waste)—see section 56. waterway—see the Act, schedule 1, section 1.1.

About the endnotes 1 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Environment Protection Regulation 2005 SL2005-38 notified LR 17 November 2005 s 1, s 2 commenced 17 November 2005 (LA s 75 (1)) remainder commenced 18 November 2005 (LA s 73 (3)) as amended by Environment Protection Amendment Regulation 2006 (No 1) SL2006-27 notified LR 2 June 2006 s 1, s 2 commenced 2 June 2006 (LA s 75 (1)) remainder commenced 3 June 2006 (s 2) Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.38 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.38 commenced 12 April 2007 (s 2 (1)) Environment Protection Amendment Regulation 2007 (No 1) SL2007-24 notified LR 10 September 2007 s 1, s 2 commenced 10 September 2007 (LA s 75 (1)) remainder commenced 11 September 2007 (s 2) Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.13 notified LR 13 September 2007 s 1, s 2 commenced 13 September 2007 (LA s 75 (1)) sch 1 pt 1.13 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1) Statute Law Amendment Act 2007 (No 3) A2007-39 sch 1 pt 1.2, sch 3 pt 3.14 notified LR 6 December 2007 s 1, s 2 commenced 6 December 2007 (LA s 75 (1)) sch 1 pt 1.2, sch 3 pt 3.14 commenced 27 December 2007 (s 2)

Planning and Development Legislation Amendment Act 2008 A2008-4 pt 3 notified LR 18 March 2008 s 1, s 2 commenced 18 March 2008 (LA s 75 (1)) pt 3 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1) Environment Protection Amendment Regulation 2008 (No 2) SL2008-35 notified LR 14 August 2008 s 1, s 2 commenced 14 August 2008 (LA s 75 (1)) remainder commenced 15 August 2008 (s 2) Environment Protection Amendment Regulation 2009 (No 1) SL2009-29 notified LR 22 June 2009 s 1, s 2 commenced 22 June 2009 (LA s 75 (1)) remainder commenced 23 June 2009 (s 2) Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.29 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) sch 3 pt 3.29 commenced 22 September 2009 (s 2) Environment Protection Amendment Regulation 2009 (No 2) SL2009-54 notified LR 11 December 2009 s 1, s 2 commenced 11 December 2009 (LA s 75 (1)) remainder commenced 12 December 2009 (s 2) Environment Protection Amendment Regulation 2011 (No 1) SL2011-1 notified LR 20 January 2011 s 1, s 2 commenced 20 January 2011 (LA s 75 (1)) remainder commenced 21 January 2011 (s 2) Environment Protection Amendment Regulation 2011 (No 2) SL2011-9 notified LR 10 March 2011 s 1, s 2 commenced 10 March 2011 (LA s 75 (1)) remainder commenced 11 March 2011 (s 2)

Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.63 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.63 commenced 1 July 2011 (s 2 (1)) Statute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.14 notified LR 31 August 2011 s 1, s 2 commenced 31 August 2011 (LA s 75 (1)) sch 3 pt 3.14 commenced 21 September 2011 (s 2 (1)) Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.25 notified LR 28 November 2011 s 1, s 2 commenced 28 November 2011 (LA s 75 (1)) sch 3 pt 3.25 commenced 12 December 2011 (s 2) Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.18 notified LR 22 May 2012 s 1, s 2 commenced 22 May 2012 (LA s 75 (1)) sch 3 pt 3.18 commenced 5 June 2012 (s 2 (2)) Environment Protection Amendment Regulation 2013 (No 1) SL2013-2 notified LR 7 February 2013 s 1, s 2 commenced 7 February 2013 (LA s 75 (1)) remainder commenced 8 February 2013 (s 2) Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.17 notified LR 24 May 2013 s 1, s 2 commenced 24 May 2013 (LA s 75 (1)) sch 3 pt 3.17 commenced 14 June 2013 (s 2) Act 2013 (No 2) A2013-40 pt 3 notified LR 6 November 2013 s 1, s 2 commenced 6 November 2013 (LA s 75 (1)) pt 3 commenced 27 January 2014 (s 2 and CN2014-1) Environment Protection Amendment Act 2014 A2014-52 pt 3 notified LR 11 November 2014 s 1, s 2 commenced 11 November 2014 (LA s 75 (1)) pt 3 commenced 12 November 2014 (s 2 (1))

Nature Conservation Act 2014 A2014-59 sch 2 pt 2.4 notified LR 11 December 2014 s 1, s 2 commenced 11 December 2014 (LA s 75 (1)) sch 2 pt 2.4 commenced 11 June 2015 (s 2 (1) and LA s 79) Planning and Development (University of Canberra and Other Leases) Legislation Amendment Act 2015 A2015-19 pt 8 notified LR 11 June 2015 s 1, s 2 commenced 11 June 2015 (LA s 75 (1)) pt 8 commenced 1 July 2015 (s 2 and CN2015-9) Environment Protection Amendment Regulation 2015 (No 1) SL2015-28 notified LR 31 August 2015 s 1, s 2 commenced 31 August 2015 (LA s 75 (1)) remainder commenced 1 September 2015 (s 2) Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.24 notified LR 30 September 2015 s 1, s 2 commenced 30 September 2015 (LA s 75 (1)) sch 1 pt 1.24 commenced 14 October 2015 (s 2) Act 2016 A2016-2 pt 5 notified LR 23 February 2016 s 1, s 2 commenced 23 February 2016 (LA s 75 (1)) pt 5 commenced 24 February 2016 (s 2) Act 2016 (No 2) A2016-24 pt 6 notified LR 11 May 2016 s 1, s 2 commenced 11 May 2016 (LA s 75 (1)) s 20, s 21 commenced 1 September 2019 (s 2 (2)) pt 6 remainder commenced 12 May 2016 (s 2 (1)) Emergencies Amendment Act 2016 A2016-33 sch 1 pt 1.10 notified LR 20 June 2016 s 1, s 2 commenced 20 June 2016 (LA s 75 (1)) sch 1 pt 1.10 commenced 21 June 2016 (s 2)

Red Tape Reduction Legislation Amendment Act 2017 A2017-17 pt 7 notified LR 14 June 2017 s 1, s 2 commenced 14 June 2017 (LA s 75 (1)) pt 7 commenced 31 August 2017 (s 2 (2)) Road Transport Reform (Light Rail) Legislation Amendment Act 2017 A2017-21 sch 1 pt 1.8 notified LR 8 August 2017 s 1, s 2 commenced 8 August 2017 (LA s 75 (1)) sch 1 pt 1.8 commenced 15 August 2017 (s 2) Veterinary Practice Act 2018 A2018-32 sch 3 pt 3.5 notified LR 30 August 2018 s 1, s 2 commenced 30 August 2018 (LA s 75 (1)) sch 3 pt 3.5 commenced 21 December 2018 (s 2 and CN2018-12) Planning and Environment Legislation Amendment Act 2019 A2019-20 pt 4 notified LR 8 August 2019 s 1, s 2 commenced 8 August 2019 (LA s 75 (1)) pt 4 commenced 9 August 2019 (s 2) Environment Protection Amendment Regulation 2019 (No 1) SL2019-32 notified LR 23 December 2019 s 1, s 2 commenced 23 December 2019 (LA s 75 (1)) remainder commenced 24 December 2019 (s 2) Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.16 notified LR 9 June 2021 s 1, s 2 commenced 9 June 2021 (LA s 75 (1)) sch 3 pt 3.16 commenced 23 June 2021 (s 2 (1)) Environment Protection Amendment Regulation 2021 (No 1) SL2021-26 notified LR 28 October 2021 s 1, s 2 commenced 28 October 2021 (LA s 75 (1)) remainder commenced 28 April 2022 (s 2)

Emergencies Amendment Act 2021 A2021-30 sch 1 pt 1.3 notified LR 10 December 2021 s 1, s 2 commenced 10 December 2021 (LA s 75 (1)) sch 1 pt 1.3 commenced 11 December 2021 (s 2) Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.14 notified LR 10 August 2022 s 1, s 2 commenced 10 August 2022 (LA s 75 (1)) sch 3 pt 3.14 commenced 24 August 2022 (s 2) Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.25 notified LR 29 September 2023 s 1, s 2 commenced 29 September 2023 (LA s 75 (1)) sch 1 pt 1.25 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10) Biosecurity Legislation Amendment Act 2024 A2024-11 sch 2 pt 2.4 notified LR 19 April 2024 s 1, s 2 commenced 19 April 2024 (LA s 75 (1)) sch 2 pt 2.4 commenced 15 May 2025 (s 2 and see Biosecurity Act

2023 A2023-50, s 2 (2)) Environment Protection Legislation Amendment Act 2024 A2024-35 pt 3 notified LR 10 July 2024 s 1, s 2 commenced 10 July 2024 (LA s 75 (1)) ss 42-44 commenced 10 January 2025 (s 2 (2)) pt 3 remainder commenced 11 July 2024 (s 2 (1)) Environment Protection Amendment Regulation 2024 (No 1) SL2024-17 notified LR 15 August 2024 s 1, s 2 commenced 15 August 2024 (LA s 75 (1)) remainder commenced 16 August 2024 (s 2) Environment Protection (Industrial Chemicals) Amendment Regulation 2025 (No 1) SL2025-17 notified LR 11 September 2025 s 1, s 2 commenced 11 September 2025 (LA s 75 (1)) remainder commenced 11 March 2026 (s 2)

Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.37, sch 4 pt 4.71 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 3 pt 3.37, sch 4 pt 4.71 commenced 16 November 2025 (s 2 (1), (9))

Commencement s 2 om LA s 89 (4) s 3 am A2021-30 amdt 1.3 Application of pt 2 div 2.1 hdg note am A2017-21 amdt 1.21; A2022-14 amdt 3.88 Burning certain substances requires environmental authorisation s 10 am SL2011-1 s 4; A2024-11 amdt 2.8, amdt 2.9 Fire bans in bad weather s 11 am A2009-20 amdt 3.71; A2015-33 amdt 1.79 Conditions for sale or supply of firewood s 14 sub A2017-17 s 24 am A2021-12 amdt 3.36 Unapproved sale or supply of painted etc firewood—offence s 14A ins SL2011-1 s 5 am A2017-17 s 25 Solid fuel-burning equipment div 2.4A ins A2016-24 s 19 Minimum overall average efficiency—Act, sch 2, s 2.4 (3) (a) (ii) s 14B hdg sub A2024-35 s 42 s 14B ins A2016-24 s 19 am A2016-24 s 20; A2024-35 s 43 Maximum appliance particulate emission factor—Act, sch 2, s 2.4 (3) (b) (ii) s 14C hdg sub A2024-35 s 44 s 14C ins A2016-24 s 19 am A2016-24 s 21 Balloons—exception for science s 19 am A2011-52 amdt 3.91; A2025-29 amdt 4.71 Noise pt 3 hdg note am A2017-21 amdt 1.22; A2022-14 amdt 3.89 Definitions for pt 3 s 21 def affected person am A2024-35 s 45 om SL2024-17 s 4 def territory lease om A2007-25 amdt 1.55 Meaning of affected place s 22 am SL2007-24 s 4; SL2024-17 s 5

Meaning of noise standard s 24 am SL2007-24 s 5; SL2019-32 s 4; SL2024-17 ss 6-9 Noise taken to cause environmental harm—Act, s 5 (a) s 25 am SL2007-24 s 6 Noise measurement manual s 29A ins SL2009-29 s 4 am A2025-29 amdt 4.71 Taking measurements of noise s 31 am SL2009-29 s 5, s 6 Compliance point—exception for environmental protection agreement s 34 am A2013-40 s 6 Compliance point—exception for environmental authorisation s 35 am A2013-40 s 6 Compliance point—exception for public land with approval s 36 am A2013-40 s 6 Offence to make noise louder than noise standard s 39 am SL2019-32 s 5 Sale and hiring of things s 40 am SL2007-24 s 7, s 8; A2024-35 s 46, s 47 Environmental values of waterways for pt 4, sch 3 and sch 4 s 41 am A2007-25 amdt 1.56; A2023-36 amdt 1.147, amdt 1.148 Pollution of waterways s 44 sub A2014-52 s 50 Development waste not to enter stormwater system or waterways s 45 hdg am SL2009-54 s 4 s 45 am SL2009-54 s 4, s 5; A2014-52 s 51 Areas near development to be kept clear s 46 hdg am SL2009-54 s 6 s 46 am SL2009-54 s 6, s 7; A2014-52 s 52 Entries to and exits from land to be kept stable s 47 am SL2009-54 s 8, s 9; A2014-52 s 53 Industrial chemicals pt 5A hdg ins SL2025-17 s 4 Definitions—pt 5A s 52A ins SL2025-17 s 4 def end use ins SL2025-17 s 4 def IChEMS register ins SL2025-17 s 4 def IChEMS scheduling decision ins SL2025-17 s 4 def industrial chemical ins SL2025-17 s 4

def industrial use ins SL2025-17 s 4 Certain industrial chemicals taken to cause environmental harm—Act, s 5 (b) s 52B ins SL2025-17 s 4 Compliance with IChEMS scheduling decisions for industrial chemicals s 52C ins SL2025-17 s 4 Offence—contravention of IChEMS scheduling decision s 52D ins SL2025-17 s 4 Offence—contravention of IChEMS scheduling decision—IChEMS Minimum Standards s 52E ins SL2025-17 s 4 Agvet chemical products pt 6 hdg sub SL2021-26 s 4 Interpretation div 6.1 hdg ins SL2021-26 s 4 Definitions—pt 6 s 53 sub SL2021-26 s 4 def agricultural chemical product ins SL2021-26 s 4 def agvet chemical product ins SL2021-26 s 4 def agvet code ins SL2021-26 s 4 am A2024-35 s 48 def agvet permit ins SL2021-26 s 4 def approved label ins SL2021-26 s 4 def instruction ins SL2021-26 s 4 def registered ins SL2021-26 s 4 def veterinary chemical product ins SL2021-26 s 4 Using registered agvet chemical product in accordance with instructions s 53A ins SL2021-26 s 4 Agvet permits—eligible laws for agvet code s 53B ins SL2021-26 s 4 Agvet chemical products causing environmental harm div 6.2 hdg ins SL2021-26 s 4 Agvet chemical products taken to cause environmental harm—Act, s 5 (b) s 54 sub SL2021-26 s 4 Using agvet chemical products div 6.3 hdg ins SL2021-26 s 4 Use of agricultural chemical products s 55 am A2016-24 s 22; ss renum R27 LA; A2018-32 amdt 3.8 sub SL2021-26 s 4

Use of veterinary chemical products s 55A ins SL2021-26 s 4 Recording use of agricultural chemical products s 55B ins SL2021-26 s 4 Training requirements for use of certain agvet chemical products div 6.4 hdg ins SL2021-26 s 4 Definitions—div 6.4 s 55C ins SL2021-26 s 4 def approved VET course unit of competency ins SL2021-26 s 4 def registered training organisation ins SL2021-26 s 4 am A2024-35 s 49 def restricted agvet chemical product ins SL2021-26 s 4 def schedule 7 poison ins SL2021-26 s 4 def statement of attainment ins SL2021-26 s 4 def VET course ins SL2021-26 s 4 Declared agvet chemical products s 55D ins SL2021-26 s 4 Approved VET course units of competency s 55E ins SL2021-26 s 4 Training—use of declared liquid fumigants s 55F ins SL2021-26 s 4 Training—use of declared vertebrate poisons s 55G ins SL2021-26 s 4 Training—use of declared avicides s 55H ins SL2021-26 s 4 Training—use of declared industrial timber treatments s 55I ins SL2021-26 s 4 Training—use of declared termiticides s 55J ins SL2021-26 s 4 Training—use of other agricultural chemical products containing schedule 7 poisons s 55K ins SL2021-26 s 4 Training—use of registered veterinary chemical products containing schedule 7 poisons s 55L ins SL2021-26 s 4 Definitions for pt 7 s 56 def NEPM am A2022-14 amdt 3.90; A2024-35 s 50

Application of div 7.2 s 57 am A2024-35 s 51 Consignment authorisation for controlled waste s 58 am A2014-52 s 54, s 55; ss renum R21 LA People who may conduct analysis s 64 am SL2007-24 s 9; A2011-52 amdt 3.91; A2025-29 amdt 4.71 Procedures and protocols s 65 am A2022-14 amdt 3.91; A2024-35 ss 52-54 What is a recognised entity? s 66 am A2011-52 amdt 3.91; A2022-14 amdt 3.92; A2025-29 amdts 3.103-3.105, amdt 4.71; pars renum R44 LA Erosion and sediment control measures for development sites pt 8A hdg ins A2014-52 s 56 Meaning of erosion and sediment control measures—pt 8A s 66A ins A2014-52 s 56 Development sites 0.3ha or greater s 66B ins A2014-52 s 56 Development sites less than 0.3ha s 66C ins A2014-52 s 56 sub A2019-20 s 10 Displacement of Legislation Act, s 47 (5) and (6) s 67 am SL2007-24 s 10; pars renum R4 LA; A2007-39 amdt 1.6, amdt 3.50; SL2009-29 s 7; A2013-19 amdt 3.137, amdt 3.138; SL2021-26 s 5, s 6; pars renum R37 LA; A2023-36 amdt 1.149 Inspection of incorporated document s 68 am A2011-22 amdt 1.198; A2013-19 amdt 3.139 Notification of incorporated document s 69 am A2011-22 amdt 1.199; A2011-52 amdt 3.92; A2013-19 amdt 3.140 Entity to be consulted—Act, s 25 (5) s 70 om LA s 89 (3) ins A2016-2 s 7 Transitional—Environment Protection Amendment Regulation 2009 (No 1) pt 12 hdg ins SL2009-29 s 8

Noise control manual s 100 ins SL2009-29 s 8 Inspection of noise control manual––Act, s 19 (1) (r) s 101 ins SL2009-29 s 8 Expiry—pt 12 s 102 ins SL2009-29 s 8 Exceptions—chimney emissions and open-air fires sch 1 am A2012-21 amdt 3.71, amdt 3.72; A2016-33 amdt 1.24, amdt 1.25; A2024-11 amdt 2.10 Noise zones, noise standards and conditions sch 2 am SL2006-27 s 4; SL2007-24 s 11, s 12 Definitions for pt 2.1 sch 2 s 2.1 table 2.1 sub A2007-25 amdt 1.58 table 2.1 am A2008-4 s 75; SL2008-35 s 5; SL2011-9 s 4 table 2.1, except note sub SL2013-2 s 14 table 2.1 am SL2019-32 s 6; items renum R34 LA; SL2024-17 s 13, s 14; items renum R41 LA def broadacre zone ins A2007-25 amdt 1.57 def CCEP core ins SL2024-17 s 10 def CCEP frame ins SL2024-17 s 10 def Central National Area (City) om SL2013-2 s 4 def Central National Area (City Hill Precinct) ins SL2013-2 s 5 am A2024-35 s 56 def Central National Area (Fairbairn) am SL2013-2 s 6 Areas) ins SL2013-2 s 8 def Central National Area (The Parliamentary Zone; Barton; sections 39, 40 and 41 of Yarralumla; Acton; Anzac Parade and Constitution Avenue; Russell; Duntroon, ADFA and Campbell Park; Development Nodes and Clubs of Lake Burley Griffin and Foreshores) om SL2013-2 s 7 Areas) ins SL2013-2 s 8 def city centre ins A2007-25 amdt 1.57 sub A2008-4 s 71; SL2013-2 s 9; A2023-36 amdt 1.150; SL2024-17 s 11 def commercial C4 zone ins A2007-25 amdt 1.57 om A2008-4 s 71

def commercial C5 zone ins A2007-25 amdt 1.57 om A2008-4 s 71 def commercial CZ3 zone ins SL2024-17 s 12 def commercial CZ4 zone ins A2008-4 s 71 sub A2023-36 amdt 1.150 def commercial CZ5 zone ins A2008-4 s 71 def community facility zone ins A2007-25 amdt 1.57 def corridor site ins SL2013-2 s 10 sub A2023-36 amdt 1.150 def group centre ins A2007-25 amdt 1.57 sub A2008-4 s 72; SL2013-2 s 11; A2023-36 amdt 1.150 def industrial zone ins A2007-25 amdt 1.57 def leisure and accommodation zone ins SL2008-35 s 4 def office site ins A2007-25 amdt 1.57 sub A2008-4 s 72; SL2013-2 s 12; A2023-36 amdt 1.150 def Queanbeyan city business zone am A2024-35 s 57 def restricted access recreation zone ins A2007-25 amdt 1.57 def town centre ins A2007-25 amdt 1.57 sub A2008-4 s 74; SL2013-2 s 13; A2023-36 amdt 1.150 def TS2 services zone ins A2007-25 amdt 1.57 om A2008-4 s 74 def TSZ2 services zone ins A2008-4 s 74 Noise zones other than zones B1, B3, B4 and C1 sch 2 table 2.2 hdg sub SL2024-17 s 15 sch 2 table 2.2 sub SL2019-32 s 7 am SL2024-17 s 16; items renum R41 LA Noise zone B1 sch 2 table 2.2A ins SL2019-32 s 7 Noise zones B3 and B4—entertainment noise from place other than dwelling sch 2 table 2.2AA ins SL2024-17 s 17 Noise zone C1 sch 2 table 2.2B ins SL2019-32 s 7 Interpretation for pt 2.3 sch 2 s 2.2 table 2.3 am SL2009-29 s 9; SL2011-9 s 7; A2013-19 amdt 3.141; A2014-52 s 57; A2014-59 amdt 2.12; SL2015-28 s 5 def light rail ins SL2015-28 s 4 sub A2017-21 amdt 1.23 def major road sub A2007-25 amdt 1.59 am A2023-36 amdt 1.151 def network facility ins SL2011-9 s 5 def reserve ins A2014-59 amdt 2.10 def reserved area om A2014-59 amdt 2.11

def territory network facility ins SL2011-9 s 5 def territory service om SL2011-9 s 6 def utility service om SL2011-9 s 6 dict am A2007-3 amdt 3.202; A2007-25 amdt 1.60; A2009-20 amdt 3.72; SL2011-1 s 6; A2011-22 amdt 1.200; A2011-28 amdt 3.113; A2011-52 amdt 3.93; A2012-21 amdt 3.73; A2013-19 amdt 3.142, amdt 3.143; A2014-52 s 58; A2015-19 s 47; A2015-33 amdt 1.80; A2016-24 s 23; A2016-33 amdt 1.26, amdt 1.27; A2018-32 amdt 3.9 def affected person om SL2024-17 s 18 def agricultural chemical product ins SL2021-26 s 7 def agvet chemical product sub SL2021-26 s 8 def agvet code sub SL2021-26 s 8 def agvet permit ins SL2021-26 s 9 def approved label ins SL2021-26 s 9 def approved VET course unit of competency ins SL2021-26 s 9 def AS 2436 ins A2013-19 amdt 3.144 def broadacre zone ins A2007-25 amdt 1.61 def building intruder alarm ins A2011-28 amdt 3.114 def built-up area sub A2021-30 amdt 1.4 def CCEP core ins SL2024-17 s 19 def CCEP frame ins SL2024-17 s 19 def Central National Area (City) om SL2013-2 s 15 def Central National Area (City Hill Precinct) ins SL2013-2 s 16 def Central National Area (Fairbairn) am A2013-19 Areas) ins SL2013-2 s 18 def Central National Area (The Parliamentary Zone; Barton; sections 39, 40 and 41 of Yarralumla; Acton; Anzac Parade and Constitution Avenue; Russell; Duntroon, ADFA and Campbell Park; Development Nodes and Clubs of Lake Burley Griffin and Foreshores) om SL2013-2 s 17 def CFC om A2007-39 amdt 3.51 def city centre ins A2007-25 amdt 1.61 def city centre entertainment precinct ins SL2024-17 s 19 def commercial C4 zone ins A2007-25 amdt 1.61 om A2008-4 s 76

def commercial C5 zone ins A2007-25 amdt 1.61 om A2008-4 s 76 def commercial CZ3 zone ins SL2024-17 s 19 def commercial CZ4 zone ins A2008-4 s 76 def commercial CZ5 zone ins A2008-4 s 76 def community facility zone ins A2011-28 amdt 3.114 def corridor site ins SL2013-2 s 19 def domestic article om A2011-28 amdt 3.115 def end use ins SL2025-17 s 5 def erosion and sediment control measures ins A2014-52 s 59 def group centre ins A2007-25 amdt 1.61 def habitable room ins A2011-28 amdt 3.116 def halon om A2007-39 amdt 3.51 def HCFC om A2007-39 amdt 3.51 def IChEMS register ins SL2025-17 s 5 def IChEMS scheduling decision ins SL2025-17 s 5 def industrial chemical ins SL2025-17 s 5 def industrial use ins SL2025-17 s 5 def industrial zone ins A2007-25 amdt 1.61 def instruction ins SL2021-26 s 9 def leisure and accommodation zone ins SL2008-35 s 6 def light rail ins SL2015-28 s 6 sub A2017-21 amdt 1.24 def major road ins A2007-25 amdt 1.61 am A2013-19 amdt 3.145 def motor vehicle intruder alarm ins A2011-28 amdt 3.116 def national capital plan ins A2011-28 amdt 3.116 def national scheme laws ins A2013-19 amdt 3.146 def network facility ins A2013-19 amdt 3.147 def noise control manual om SL2009-29 s 10 def noise measurement manual ins SL2009-29 s 10 def office site ins A2007-25 amdt 1.61 def owner sub A2015-19 s 48 def parcel ins A2015-19 s 49 def Poisons Standard ins SL2021-26 s 9 am A2024-35 s 58 def primary production sub SL2007-24 s 13 def public holiday om A2011-28 amdt 3.117 def public land sub A2023-36 amdt 1.152

def Queanbeyan city business zone am A2013-19 def Queanbeyan city industrial zone am A2013-19 def Queanbeyan city special uses zone am A2013-19 def registered ins SL2021-26 s 9 def reserve ins A2014-59 amdt 2.13 def reserved area ins A2011-28 amdt 3.118 om A2014-59 amdt 2.14 def residential land sub A2007-25 amdt 1.62 am A2023-36 amdt 1.153 def restricted access recreation zone ins A2007-25 amdt 1.63 def restricted agvet chemical product ins SL2021-26 s 9 def sell am A2025-29 amdt 3.106 def schedule 7 poison ins SL2021-26 s 9 def statement of attainment ins SL2021-26 s 9 def stormwater am A2025-29 amdt 3.107 def stormwater system am A2025-29 amdt 3.108 def territory lease om A2011-28 amdt 3.119 def territory network facility ins A2013-19 amdt 3.147 def territory service ins A2011-28 amdt 3.120 om A2013-19 amdt 3.148 def town centre ins A2007-25 amdt 1.63 def TS2 services zone ins A2007-25 amdt 1.63 om A2008-4 s 75 TSZ2 services zone ins A2008-4 s 76 def utility service ins A2011-28 amdt 3.120 om A2013-19 amdt 3.149 def VET course ins SL2021-26 s 9 def veterinary chemical product ins SL2021-26 s 9 def waste am A2025-29 amdt 3.109 def waterway am A2025-29 amdt 3.110

Earlier republications 5 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. for 18 Nov 2005 18 Nov 2005– not amended new regulation 3 June 2006– 11 Apr 2007 SL2006-27 amendments by SL2006-27 12 Apr 2007 12 Apr 2007– 10 Sept 2007 A2007-3 amendments by A2007-3 11 Sept 2007 11 Sept 2007– 26 Dec 2007 SL2007-24 amendments by SL2007-24 27 Dec 2007 27 Dec 2007– 30 Mar 2008 A2007-39 amendments by A2007-39 31 Mar 2008 31 Mar 2008– 14 Aug 2008 A2008-4 amendments by A2007-25 and A2008-4 15 Aug 2008 15 Aug 2008– SL2008-35 amendments by SL2008-35 23 June 2009– 21 Sept 2009 SL2009-29 amendments by SL2009-29 22 Sept 2009 22 Sept 2009– 11 Dec 2009 A2009-20 amendments by A2009-20 12 Dec 2009 12 Dec 2009– 1 Jan 2010 SL2009-54 amendments by SL2009-54 2 Jan 2010 2 Jan 2010– 20 Jan 2011 SL2009-54 commenced expiry 21 Jan 2011 21 Jan 2011– 10 Mar 2011 SL2011-1 amendments by SL2011-1

5 Earlier republications for 11 Mar 2011 11 Mar 2011– SL2011-9 amendments by SL2011-9 1 July 2011– 20 Sept 2011 A2011-22 amendments by A2011-22 21 Sept 2011 21 Sept 2011– 11 Dec 2011 A2011-28 amendments by A2011-28 12 Dec 2011 12 Dec 2011– A2011-52 amendments by A2011-52 5 June 2012– 7 Feb 2013 A2012-21 amendments by A2012-21 8 Feb 2013 8 Feb 2013– SL2013-2 amendments by SL2013-2 14 June 2013– 26 Jan 2014 A2013-19 amendments by A2013-19 27 Jan 2014 27 Jan 2014– 11 Nov 2014 A2013-40 amendments by A2013-40 12 Nov 2014 12 Nov 2014– A2014-52 amendments by A2014-52 11 June 2015– A2014-59 amendments by A2014-59 1 July 2015– 31 Aug 2015 A2015-19 amendments by A2015-19 1 Sept 2015 1 Sept 2015– 13 Oct 2015 SL2015-28 amendments by SL2015-28 14 Oct 2015 14 Oct 2015– 23 Feb 2016 A2015-33 amendments by A2015-33 24 Feb 2016 24 Feb 2016– A2016-2 amendments by A2016-2 12 May 2016– A2016-24 amendments by A2016-24 21 June 2016– 14 Aug 2017 A2016-33 amendments by A2016-33

Earlier republications 5 for 15 Aug 2017 15 Aug 2017- 30 Aug 2017 A2017-21 amendments by A2017-21 31 Aug 2017 31 Aug 2017– 20 Dec 2018 A2017-21 amendments by A2017-21 21 Dec 2018 21 Dec 2018– 8 Aug 2019 A2018-32 amendments by A2018-32 9 Aug 2019 9 Aug 2019– 31 Aug 2019 A2019-20 amendments by A2019-20 1 Sept 2019 1 Sept 2019– 23 Dec 2019 A2019-20 amendments by A2016-24 24 Dec 2019 24 Dec 2019– SL2019-32 amendments by SL2019-32 23 June 2021– 10 Dec 2021 A2021-12 amendments by A2021-12 11 Dec 2021 11 Dec 2021– 27 Apr 2022 A2021-30 amendments by A2021-30 28 Apr 2022 28 Apr 2022– 23 Aug 2022 SL2021-26 amendments by SL2021-26 24 Aug 2022 24 Aug 2022– 26 Nov 2023 A2022-14 amendments by A2022-14 27 Nov 2023 27 Nov 2023– A2023-36 amendments by A2023-36 11 July 2024– 15 Aug 2024 A2024-35 amendments by A2024-35 16 Aug 2024 16 Aug 2024– 9 Jan 2025 SL2024-17 10 Jan 2025 10 Jan 2025– A2024-35 15 May 2025– 15 Nov 2025 A2024-11 16 Nov 2025 16 Nov 2025– 10 Mar 2026 A2025-29 amendments by A2025-29

6 Expired transitional or validating provisions 6 Expired transitional or validating provisions This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)). Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry. To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.