sec.580Regulation-making power

### sec.580 Regulation-making power The Governor in Council may make regulations under this Act. Without limiting subsection (1) , a regulation may be made about any of the following matters— the matters for which fees are payable under this Act, the amounts of the fees, the persons who are liable to pay fees, when the fees are payable, the recovery of unpaid amount of fees, and the exemption from payment of fees or the waiver of fees; the records to be kept and returns to be made by persons and the inspection of the records; the types of tests and monitoring programs to be conducted by holders of environmental authorities; the types of plant or equipment that may be used for environmentally relevant activities and the way in which the plant or equipment is to be installed, operated and maintained; help, access and facilities to be provided to authorised persons by persons for inspections, examinations, tests and measurements for this Act; the taking, preserving and transporting of samples and the making of inspections, examinations, tests, measurements and analyses for this Act, and the proof of them; setting standards, controls or procedures for the manufacture, generation, sale, use, transportation, storage, treatment or disposal of a contaminant, including waste; the removal, collection, transport, deposit, storage or disposal of waste; the qualifications or licence required by a person engaged in carrying out an environmentally relevant activity, and the approval of training courses to provide the qualifications or licence; environmental impact assessments, reports, statements or studies; requirements for EISs or the EIS process to allow— the process to be accredited under the Commonwealth Environment Act ; or the making of a bilateral agreement; or the State to meet its obligations under a bilateral agreement; litter; the keeping of the environmental management register and contaminated land register, including, for example, the information to be included in the registers and made available to persons searching the registers; the carrying out of environmental audits; requirements for environmental audit reports; audit statements; financial assurance; a matter relating to an environmental value, other than a matter mentioned in this Act, that must be considered to decide an application relating to an activity that adversely affects, or may adversely affect, the environmental value; protecting an environmental value by requirements for labelling particular products. Without limiting subsection (2) (a) , a regulation may prescribe fees by reference to— factors related to the quantity or quality of contamination caused or likely to be caused by the persons liable to pay the fees, or a score, assigned by the regulation to an activity to which the fees relate, that reflects the factors; or other factors. Also, a regulation may prescribe the following— assessment benchmarks for the Planning Act for the assessment of a prescribed ERA under that Act, other than an assessment carried out by the planning chief executive; for the Planning Act , the matters a referral agency other than the planning chief executive— must or may assess a development application for a prescribed ERA against; or must or may assess a development application for a prescribed ERA having regard to. A regulation may be made to give effect to, and enforce compliance with, a national environment protection measure made under the national scheme laws. A regulation may be made— creating offences against the regulation; and fixing a maximum penalty of a fine of 165 penalty units for an offence against the regulation. s 580 amd 1995 No. 52 s 7 ; 1996 No. 10 s 20 ; 1997 No. 80 s 35 ; 1998 No. 13 s 63 ; 1999 No. 19 sch; 2000 No. 64 s 47 ; 2001 No. 86 s 10 ; 2007 No. 56 s 29 ; 2008 No. 52 s 63 ; 2009 No. 36 s 872 sch 2 ; 2011 No. 31 s 310 ; 2012 No. 16 s 59 ; 2016 No. 27 s 222 (sec.580-ssec.1) The Governor in Council may make regulations under this Act. (sec.580-ssec.2) Without limiting subsection (1) , a regulation may be made about any of the following matters— the matters for which fees are payable under this Act, the amounts of the fees, the persons who are liable to pay fees, when the fees are payable, the recovery of unpaid amount of fees, and the exemption from payment of fees or the waiver of fees; the records to be kept and returns to be made by persons and the inspection of the records; the types of tests and monitoring programs to be conducted by holders of environmental authorities; the types of plant or equipment that may be used for environmentally relevant activities and the way in which the plant or equipment is to be installed, operated and maintained; help, access and facilities to be provided to authorised persons by persons for inspections, examinations, tests and measurements for this Act; the taking, preserving and transporting of samples and the making of inspections, examinations, tests, measurements and analyses for this Act, and the proof of them; setting standards, controls or procedures for the manufacture, generation, sale, use, transportation, storage, treatment or disposal of a contaminant, including waste; the removal, collection, transport, deposit, storage or disposal of waste; the qualifications or licence required by a person engaged in carrying out an environmentally relevant activity, and the approval of training courses to provide the qualifications or licence; environmental impact assessments, reports, statements or studies; requirements for EISs or the EIS process to allow— the process to be accredited under the Commonwealth Environment Act ; or the making of a bilateral agreement; or the State to meet its obligations under a bilateral agreement; litter; the keeping of the environmental management register and contaminated land register, including, for example, the information to be included in the registers and made available to persons searching the registers; the carrying out of environmental audits; requirements for environmental audit reports; audit statements; financial assurance; a matter relating to an environmental value, other than a matter mentioned in this Act, that must be considered to decide an application relating to an activity that adversely affects, or may adversely affect, the environmental value; protecting an environmental value by requirements for labelling particular products. (sec.580-ssec.3) Without limiting subsection (2) (a) , a regulation may prescribe fees by reference to— factors related to the quantity or quality of contamination caused or likely to be caused by the persons liable to pay the fees, or a score, assigned by the regulation to an activity to which the fees relate, that reflects the factors; or other factors. (sec.580-ssec.4) Also, a regulation may prescribe the following— assessment benchmarks for the Planning Act for the assessment of a prescribed ERA under that Act, other than an assessment carried out by the planning chief executive; for the Planning Act , the matters a referral agency other than the planning chief executive— must or may assess a development application for a prescribed ERA against; or must or may assess a development application for a prescribed ERA having regard to. (sec.580-ssec.5) A regulation may be made to give effect to, and enforce compliance with, a national environment protection measure made under the national scheme laws. (sec.580-ssec.6) A regulation may be made— creating offences against the regulation; and fixing a maximum penalty of a fine of 165 penalty units for an offence against the regulation. - (a) the matters for which fees are payable under this Act, the amounts of the fees, the persons who are liable to pay fees, when the fees are payable, the recovery of unpaid amount of fees, and the exemption from payment of fees or the waiver of fees; - (b) the records to be kept and returns to be made by persons and the inspection of the records; - (c) the types of tests and monitoring programs to be conducted by holders of environmental authorities; - (d) the types of plant or equipment that may be used for environmentally relevant activities and the way in which the plant or equipment is to be installed, operated and maintained; - (e) help, access and facilities to be provided to authorised persons by persons for inspections, examinations, tests and measurements for this Act; - (f) the taking, preserving and transporting of samples and the making of inspections, examinations, tests, measurements and analyses for this Act, and the proof of them; - (g) setting standards, controls or procedures for the manufacture, generation, sale, use, transportation, storage, treatment or disposal of a contaminant, including waste; - (h) the removal, collection, transport, deposit, storage or disposal of waste; - (i) the qualifications or licence required by a person engaged in carrying out an environmentally relevant activity, and the approval of training courses to provide the qualifications or licence; - (j) environmental impact assessments, reports, statements or studies; - (k) requirements for EISs or the EIS process to allow— (i) the process to be accredited under the Commonwealth Environment Act ; or (ii) the making of a bilateral agreement; or (iii) the State to meet its obligations under a bilateral agreement; - (i) the process to be accredited under the Commonwealth Environment Act ; or - (ii) the making of a bilateral agreement; or - (iii) the State to meet its obligations under a bilateral agreement; - (l) litter; - (m) the keeping of the environmental management register and contaminated land register, including, for example, the information to be included in the registers and made available to persons searching the registers; - (n) the carrying out of environmental audits; - (o) requirements for environmental audit reports; - (p) audit statements; - (q) financial assurance; - (r) a matter relating to an environmental value, other than a matter mentioned in this Act, that must be considered to decide an application relating to an activity that adversely affects, or may adversely affect, the environmental value; - (s) protecting an environmental value by requirements for labelling particular products. - (i) the process to be accredited under the Commonwealth Environment Act ; or - (ii) the making of a bilateral agreement; or - (iii) the State to meet its obligations under a bilateral agreement; - (a) factors related to the quantity or quality of contamination caused or likely to be caused by the persons liable to pay the fees, or a score, assigned by the regulation to an activity to which the fees relate, that reflects the factors; or - (b) other factors. - (a) assessment benchmarks for the Planning Act for the assessment of a prescribed ERA under that Act, other than an assessment carried out by the planning chief executive; - (b) for the Planning Act , the matters a referral agency other than the planning chief executive— (i) must or may assess a development application for a prescribed ERA against; or (ii) must or may assess a development application for a prescribed ERA having regard to. - (i) must or may assess a development application for a prescribed ERA against; or - (ii) must or may assess a development application for a prescribed ERA having regard to. - (i) must or may assess a development application for a prescribed ERA against; or - (ii) must or may assess a development application for a prescribed ERA having regard to. - (a) creating offences against the regulation; and - (b) fixing a maximum penalty of a fine of 165 penalty units for an offence against the regulation.