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Environmental Protection Act 1986
Div 5Miscellaneous
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Division 5 — Miscellaneous
- Defences to certain offences 184
74A. Defences to offences of causing pollution etc.: authority of this Act 185
74B. Other defences to environmental harm offences 186
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Discharges or emissions in emergencies 187
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Miscellaneous offences 188
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Vehicles and vessels, duties of owners etc. of 189
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Interfering with anti‑pollution devices on vehicles or vessels 189
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Unreasonable noise emissions from premises 190
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Installing equipment emitting unreasonable noise 191
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Noise abatement, powers for 192
81A. Seizing noisy equipment 193
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Ancillary powers for s. 81 and 81A 194
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Duty to give assistance and information to officials 196
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Excessive noise emissions from vehicles or vessels 196
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Excessive noise emissions from equipment 196
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Manufacture, sale etc. of products emitting excessive noise 197
Part VA — Financial assurances
86A. Terms used 199
86B. Financial assurance requirements, imposition and effect of 200
86C. Minister’s consent needed to impose etc. financial assurance requirement 201
86D. Amount of financial assurance 202
86E. Claim on or realising of financial assurance 203
86F. Lapsing of financial assurance requirement 204
86G. Use of financial assurance not to affect other action 204
Part VI — Enforcement
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Authorised persons, appointment of 206
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Inspectors, appointment and purposes of 207
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Entry powers of inspectors 209
89A. Use of assistance and force 211
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Powers of inspectors to obtain information 212
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Entry powers of inspectors for s. 86 214
91A. Stopping etc. vehicles and vessels, powers of inspectors and authorised persons as to 215
- Inspectors may require details of certain occupiers and others 216
92A. Seizing evidence etc. 217
92B. Dealing with seized things 218
92C. Returning seized things 219
92D. Forfeiture of abandoned property 219
92E. Person not to interfere with seized things 220
92G. Inspector to try to minimise damage 220
92H. Compensation for loss etc. due to enforcement action 220
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Obstructing etc. inspectors or authorised persons 221
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Analysts, appointment of 221
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CEO may require information about industrial processes etc. 222
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CEO may require information about vehicles or vessels 223
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CEO may require vehicles, vessels and equipment to be made available for testing 224
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Police officers’ powers for inspecting etc. vehicles and vessels 224
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Police officers may stop audible alarms 224
Part VIA — Legal proceedings and penalties
Division 1 — Prescribed offences and modified penalties
99AA. Term used: prescribed offence 226
99A. Modified penalty notice, issue of 226
99B. Content of modified penalty notice 228
99C. Extending time to pay modified penalty 229
99D. Withdrawing modified penalty notice 230
99E. Consequence of paying modified penalty 230
99F. Register of modified penalty notices etc. 231
99G. Application of penalties collected 231
Division 2 — Infringement notice offences
99I. Designated persons for s. 99K, 99M or 99N, appointment of 232
99J. Infringement notice, issue of 232
99K. Content of infringement notice 233
99L. Some prior convictions and payments of modified penalties to be disregarded for s. 99K(3) 234
99M. Extending time to pay modified penalty 234
99N. Withdrawing infringement notice 234
99O. Consequence of paying modified penalty 235
99P. Application of penalties collected 235
99S. Attempt and accessory after the fact 237
Division 4 — Additional powers available to the court
99T. Term used: convicted 238
99U. Orders generally 238
99V. Orders for forfeiture 238
99W. Disposal of forfeited things 239
99X. Orders for prevention, restoration etc. 240
99Y. Orders for costs, expenses and compensation 241
99Z. Orders regarding monetary benefits 242
99ZA. Orders requiring public notice to be given etc. 242
99ZB. Enforcing orders to pay moneys 243
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Appeals against Authority’s decisions etc. as to proposals and schemes 245
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Minister’s powers on appeals under s. 100 246
101A. Appeals against decisions as to clearing permits 249
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Appeals against decisions as to works approvals and licences 250
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Appeals against decisions as to notices issued under s. 65, 68A, 70 or 73A 252
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Appeals against CEO’s requirements under s. 96 or 97 253
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Matters that cannot be appealed 253
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Preliminary procedure on appeals 253
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Minister’s powers on appeal 255
107A. Appeals Convenor, appointment of 255
107B. Functions of Appeals Convenor 256
107C. Appeals panel, appointment of 256
107D. Administrative procedures for appeals 257
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Appeals committees, composition and remuneration of 258
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Procedure of appeals committees 258
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Minister’s decisions on appeals, implementation and publication of 259
Part VIIA — Landfill levy
Division 1 — Collection of levy imposed under Environmental Protection (Landfill) Levy Act 1998
110B. Payment of levy 261
110C. Financial assurance 261
110D. Payment by instalments 262
110E. Penalty for non‑payment 262
110F. Recovery of levy 263
Division 2 — Waste Management and Recycling Account
110H. Waste Management and Recycling Account 263
110I. Application of Financial Management Act 2006 and Auditor General Act 2006 265
110J. Review of Part VIIA 266
- Saving of rights at law to prevent etc. pollution etc. 267
111A. Victimisation of informants etc. 267
112A. Self‑incrimination 268
- Prosecutions, who may institute 269
114A. Prosecutions, limitation periods for 270
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Investigation expenses 271
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Disputes between Authority and other public authority 271
116A. Proof not required of certain matters 272
116B. Proof of remotely sensed images 272
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Proof of documents 275
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Establishing state of mind of body corporate 275
118A. Liability of officers for offence by body corporate 276
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Averment of occupation or control 276
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Disclosing certain information restricted 276
121A. Authority to perform certain functions in relation to Crown land for purposes of this Act 277
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Protection from personal liability 278
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Administrative procedures, Authority may establish 278
122A. Codes of practice 279
122B. Forms and other matters relating to documentation 280
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Regulations 281
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Review of Act 282
Part VIIIA — Bilateral agreements with the Commonwealth
124C. Additional function of Authority 283
124D. Application for a matter to be dealt with as a bilateral matter 283
124E. Performance of functions in respect of bilateral matters 284
124F. Fees in relation to bilateral matters 286
124G. Disclosure of information for the purposes of bilateral agreements 286
Division 1 — Transitional provisions for Environmental Protection Act 1986
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Interpretation Act 1984 not affected 288
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Transitional provisions for Environmental Protection Act 1971 288
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Transitional provisions not related to Environmental Protection Act 1971 288
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General saving 288
Division 2 — Transitional provisions for Approvals and Related Reforms (No. 1) (Environment) Act 2010 Part 2
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Term used: amending Act 289
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Appeals in respect of proposals 289
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Appeals in respect of clearing permits 289
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Appeals in respect of works approvals and licences 290
Division 3 — Transitional provisions for Approvals and Related Reforms (No. 1) (Environment) Act 2010 Part 3
- Minor or preliminary work that has Authority’s consent 290
Division 4 — Transitional provisions for Environmental Protection Amendment Act 2020