(a) containing natural materials, such as soil, rock, crushed rock, gravel, clay or sand, that are in a raw, unaltered form and that have been excavated from an area of land; and
(b) that does not contain –
(i) an amount, of a pollutant, or pollutants, that is above a level, of the pollutant or pollutants, declared under subsection (3)(a) ; and
(ii) a proportion, of a substance, or substances, that are not within paragraph (a) , that is greater than the proportion of the substance, or substances, declared under subsection (3)(b) ; and
(iii) pieces of material that are of dimensions greater than the dimensions declared under subsection (3)(c) ;
(i) an amount, of a pollutant, or pollutants, that is above a level, of the pollutant, or pollutants, declared under subsection (3)(a) ; and
(ii) a proportion, of a substance, or substances, that are not within paragraph (a) , that is greater than the proportion of the substance, or substances, declared under subsection (3)(b) ; and
(iii) pieces of material that are of dimensions greater than the dimensions declared under subsection (3)(c) ;
coastal waters of the State means any part of the sea that is from time to time included in the coastal waters of the State by virtue of the Coastal Waters (State Powers) Act 1980 of the Commonwealth;
(a) a substance that is controlled waste within the meaning of –
(i) the National Environment Protection Measure entitled the Movement of Controlled Waste Between States and Territories made by the National Environment Protection Council on 26 June 1998, as amended from time to time; or
(ii) any National Environment Protection Measure substituted for the Measure referred to in paragraph (a) , as amended from time to time; and
(b) a substance that is prescribed by the regulations to be controlled waste;
director, in relation to a body corporate, includes –
(a) a person occupying or acting in the position of a director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorized to act in the position; and
(b) any person in accordance with whose directions or instructions the directors or members of the governing body are accustomed to act;
level 1 activity means an activity which may cause environmental harm and in respect of which a permit under the Land Use Planning and Approvals Act 1993 is required but does not include a level 2 activity or a level 3 activity;
(a) a place in respect of which different parts are occupied by different persons, means the respective persons occupying each part and includes a licensee and the holder of any right at law to use or carry on operations at that place but does not include a mortgagee who has not assumed active management of that place; and
(b) any other place, includes a licensee and the holder of any right at law to use or carry on operations at that place but does not include a mortgagee who has not assumed active management of that place;
officer, in relation to a body corporate, means –
(a) a director of the body corporate; or
(b) the chief executive officer of the body corporate; or
(c) a receiver or manager of any property of the body corporate or a liquidator of the body corporate –
and includes, in relation to a contravention or alleged contravention of this Act by the body corporate, an employee of the body corporate with responsibilities in respect of the matters to which the contravention or alleged contravention relates;
owner means any one or more of the following:
(a) in the case of a fee simple estate in land, the person in whom that estate is vested;
(b) in the case of land not registered under the Land Titles Act 1980 and subject to a mortgage, the person having, for the time being, the equity of redemption in that mortgage;
(c) in the case of land held under a tenancy for life, the person who is the life tenant;
(d) in the case of land held under a lease for a term of not less than 99 years or for a term of not less than such other prescribed period, the person who is the lessee of the land;
(e) in the case of land in respect of which a person has a prescribed interest, that person;
(f) if the land is unalienated from the Crown, the Crown;
person in charge, in relation to a vehicle, does not include a lessor, mortgagee or financial institution that has not assumed active use of that vehicle;
(c) an organism (whether alive or dead), including a virus; or
(d) energy, including noise, radioactivity and electromagnetic radiation; or
(e) a combination of pollutants –
that may cause environmental harm;
pollute means –
(a) discharge, emit, deposit or disturb pollutants; or
(b) cause or fail to prevent the discharge, emission, depositing, disturbance or escape of pollutants;
public authority means –
(a) any council; or
(b) any body corporate established under an enactment having jurisdiction limited to a district, locality or part of the State; or
(c) any body corporate established under an enactment or in the exercise or prerogative rights of the Crown to administer or control any department, business, undertaking or public institution on behalf of the State;
(a) the waters of the territorial sea adjacent to the State that are within 3 nautical miles of the seaward side of the baseline of the territorial sea, by reference to which the territorial limits of Australia are defined for the purposes of international law; and
(b) the sea on the landward side of that baseline of the territorial sea adjacent to the State that is not within the limits of the State; and
(2) Words and expressions used both in this Act and in the Land Use Planning and Approvals Act 1993 have in this Act, unless the contrary intention appears, the same respective meanings as they have in that Act.