Part 11Miscellaneous

Part 11—Miscellaneous 109—Delegation (1) The Minister may delegate powers or functions under this Act to any person. (2) A delegation under this section may, if the instrument of delegation so provides, be further delegated. 110—Confidentiality (1) A person engaged, or formerly engaged, in the administration of this Act must not divulge or communicate any information relating to trade processes or financial information obtained (whether by that person or otherwise) in the course of official duties except— (a) as required or authorised by or under this Act or any other Act or law; or (b) with the consent of the person to whom the information relates; or (c) in connection with the administration of this Act; or (d) to an agency or instrumentality of this State, the Commonwealth or another State or Territory of the Commonwealth for the purpose of the performance of its functions. Maximum penalty: $10 000. (2) Subsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates. (3) If the Minister publishes information in accordance with this Act, the Minister may exclude from publication information that the Minister considers to be— (a) personal information of a confidential nature; or (b) information the publication of which— (i) would otherwise be contrary to the public interest; or (ii) would be inappropriate for such other reason as the Minister thinks fit. 111—Exemptions (1) If the Minister is satisfied that circumstances exist that justify so doing, the Minister may, by notice in the Gazette— (a) exempt a licensee from complying with a term or condition of their licence; or (b) exempt a person from the operation of this Act or a specified provision of this Act; or (c) exempt an activity or a class of activity from requiring authorisation under this Act. (2) The Minister must, before issuing an exemption under this section, have regard to the criteria prescribed by the regulations for the purposes of this section. (3) An exemption under this section— (a) may be granted absolutely or on conditions; and (b) be of general or limited application; and (c) make different provision according to the matters or circumstances to which the exemption is expressed to apply; and (d) remains in force for a period determined by the Minister and specified in the written notice. 112—Charge on property if debt due to Crown (1) This section applies to property (other than real property) if the owner of the property is liable to pay a debt due to the Crown under this Act. (2) A charge on the property to secure payment of the debt to the Crown is created by force of this section. (3) A charge created on property under subsection (2)— (a) has priority over any other interest in the property (including a security interest within the meaning of the Personal Property Securities Act 2009 of the Commonwealth); and (b) has priority over all other encumbrances; and (c) is not affected by a change in ownership of the property. (4) Section 73(2) of the Personal Property Securities Act 2009 of the Commonwealth applies to the charge. (5) The charge remains in force until the debt is paid in full or otherwise discharged. 113—Avoidance of duplication of certain procedures required under Commonwealth law (1) The purpose of this section is to avoid unnecessary duplication of procedures and compliance requirements under a relevant Act and this Act where an activity requires authorisation under this Act and approval or assessment under a relevant Act. (2) Despite any other provision of this Act, the Minister may— (a) accept a document created pursuant to a relevant Act as an application, notice or other document for the purposes of this Act if (subject to subsection (5)) the document complies with the requirements of this Act; and (b) direct that a procedure taken under a relevant Act in relation to a document created pursuant to a relevant Act that has been accepted by the Minister under paragraph (a) will be taken to have fulfilled the requirement for a procedure in relation to the relevant document under this Act if the requirements of this Act in relation to the procedure have been complied with; and (c) instead of the Minister, or some other person, preparing a plan, report, statement, assessment or other document under this Act, adopt or accept the whole or part of a document (whether a plan, report, statement, assessment or other document of the same kind or not) used, or to be used, for the purposes of the relevant Act as the document required under this Act if (subject to subsection (5)) the document has been prepared in compliance with this Act and complies with the requirements of this Act. (3) To avoid doubt, if a controlled action under the Commonwealth Act is an activity or part of an activity, or includes an activity, for which a licence is required under this Act, the Minister, when considering— (a) an application for a licence for the activity; or (b) whether to approve a statement (or revised statement) of environmental objectives, may use information and other material provided to the Commonwealth Minister under the Commonwealth Act for the purpose of deciding whether to give their approval to the controlled action under that Act. (4) If a controlled action under the Commonwealth Act (within the meaning of that Act) is an activity or part of an activity, or includes an activity, for which a licence is required under this Act, the Minister— (a) must, if the Commonwealth Minister has given their approval to the controlled action, consider whether— (i) the discretionary conditions (if any) to be attached to the licence; or (ii) the conditions or requirements of the statement or revised statement of environmental objectives approved by the Minister in relation to the activity authorised by the licence, should be consistent with the conditions (if any) attached to the Commonwealth Minister's approval under the Commonwealth Act; and (b) may determine that— (i) the licence will be subject to a condition; or (ii) a statement or revised statement of environmental objectives approved by the Minister in relation to the activity authorised by the licence should include a condition or requirement, requiring compliance with all or some of the conditions attached to the Commonwealth Minister's approval under the Commonwealth Act. (5) A document accepted or adopted under subsection (2)— (a) may be in a form that does not comply with the requirements of this Act; and (b) may include information or other material that is irrelevant for the purposes of this Act. (6) Once a document is accepted or adopted under subsection (2) or a direction has been given in relation to a procedure under subsection (2)(b), the document or procedure will not be invalid or ineffective for the purposes of this Act because a court, tribunal or other authority has decided that it is invalid or ineffective for the purposes of the relevant Act. (7) In this section— Commonwealth Act means the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth; licence includes a renewable energy feasibility permit; relevant Act means— (a) the Commonwealth Act; or (b) the Petroleum and Geothermal Energy Act 2000; or (c) the Planning, Development and Infrastructure Act 2016; or (d) the Work Health and Safety Act 2012; or (e) any other Act prescribed by the regulations for the purposes of this definition. 114—Administrative penalties (1) This section applies to any provision of this Act at the foot of which the words "Administrative penalty" appear. (2) If a person who is a holder or former holder of a licence is alleged to have contravened a provision to which this section applies, the Minister may, by written notice to the person, impose an administrative penalty on the person (and the Minister may act under this subsection without prior consultation with the person and without the need to give a warning or any prior notice in relation to the matter). (3) The amount of an administrative penalty is an amount (not exceeding $15 000) prescribed by regulation in relation to the relevant provision. (4) An administrative penalty may be recovered as a debt due to the Crown. (5) An amount recovered as an administrative penalty under this section will be paid into the Fund. (6) If an administrative penalty has been imposed in relation to a particular act or default, the same act or default cannot be made the subject of proceedings for an offence against this Act and if proceedings for an offence against this Act have been brought in relation to a particular act or default, an administrative penalty cannot be imposed for the same act or default. 115—Regulations and fee notices (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. (2) Without limiting subsection (1), the regulations may— (a) exempt a person, or a class of persons, or an activity or a class of activity, from the operation of this Act or a specified provision of this Act; and (b) set out a process to be undertaken by the Minister before granting an exemption of a kind described in paragraph (a); and (c) provide that a provision of this Act applying to licences or licensees applies to a permit or the holder of a permit; and (d) prescribe a penalty, not exceeding $20 000, for contravention of a regulation; and (e) prescribe an expiation fee, not exceeding $7 500, in respect of any offence against this Act or the regulations; and (f) be of general or limited application; and (g) make different provision according to the matters or circumstances to which they are expressed to apply; and (h) provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or any other specified person or body. (3) The Governor may, by regulation— (a) make provisions of a saving or transitional nature consequent on the enactment of this Act, the amendment of this Act by another Act or on the commencement of specified provisions of this Act or on the making of regulations under this Act; or (b) modify the operation of Schedule 1 or any Act or law relating to the matters dealt with in that Schedule. (4) A provision of a regulation made under subsection (3) may, if the regulation so provides, take effect from the commencement of this Act or from a later day. (5) To the extent to which a provision takes effect under subsection (4) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by— (a) decreasing the person's rights; or (b) imposing liabilities on the person. (6) The Minister may prescribe fees for the purposes of this Act (including an annual fee payable by a licensee) by fee notice under the Legislation (Fees) Act 2019. 116—Review of Act (1) The Minister must, on the fifth anniversary of the commencement of this Act and every 5 years after that commencement, cause a review to be undertaken on the operation of this Act. (2) The Minister must cause a report on the outcome of the review to be tabled in both Houses of Parliament within 12 sitting days after its completion.