NORTHERN TERRITORY OF AUSTRALIA
NORTHERN TERRITORY ENVIRONMENT PROTECTION
AUTHORITY ACT 2012
As in force at 1 February 2022
Table of provisions
Part 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 Act binds Crown .............................................................................. 2
5 Application of Criminal Code ........................................................... 2
Part 2 Northern Territory Environment Protection
Authority
Division 1 Establishment
6 NT EPA established ........................................................................ 2
Division 2 Objectives, functions and powers of NT EPA
7 Objectives ........................................................................................ 3
8 Functions and powers ..................................................................... 3
9 Independence .................................................................................. 4
Division 3 Constitution and membership
10 Membership ..................................................................................... 4
11 Chairperson ..................................................................................... 5
12 Duration of appointment .................................................................. 5
13 Leave of absence ............................................................................ 6
13A Acting members............................................................................... 6
14 Vacation of office ............................................................................. 6
15 Termination of appointment ............................................................. 7
Division 4 Procedures of NT EPA
16 Procedures ...................................................................................... 8
17 Meetings .......................................................................................... 8
18 Quorum at meetings ........................................................................ 8
19 Presiding member at meetings ........................................................ 8
20 Voting at meetings ........................................................................... 8
21 Records of meetings........................................................................ 8
22 Disclosure of interest ....................................................................... 8
Northern Territory Environment Protection Authority Act 2012 ii
23 Effect of personal interest ................................................................ 9
24 Limitation on challenge to decision of member .............................. 10
Part 2A Statement of intent
24A Statement of intent ........................................................................ 10
24B Making statement .......................................................................... 11
24C Publication ..................................................................................... 11
24D Regard to statement of intent ........................................................ 11
Part 3 Advice and reports of NT EPA
Division 1 Advice and reports on general matters
25AA Regard to principles of ecologically sustainable development ....... 11
25 Advice of NT EPA .......................................................................... 12
26 Matters for consideration ............................................................... 12
28 Environmental quality reports ........................................................ 13
28A Reports on system of environmental management ....................... 13
29 Availability of advice and reports ................................................... 13
29A Response to advice or report......................................................... 14
Division 2 Advice on specific matters
29B Advice of NT EPA on specific matters ........................................... 14
29C Matters for consideration ............................................................... 14
29D Availability of advice ...................................................................... 15
Division 3 Inquiries
30 Conduct of inquiries ....................................................................... 15
Part 4 Offences
31 Misleading information ................................................................... 16
32 Offence to disclose certain information .......................................... 17
Part 5 Administrative matters
33 Annual report ................................................................................. 18
34 Guidelines...................................................................................... 18
35 Protection from liability .................................................................. 19
36 Delegation ..................................................................................... 19
37 Staff and facilities for NT EPA ....................................................... 19
38 Regulations.................................................................................... 19
Part 6 Repeals
39 Repeal ........................................................................................... 20
Northern Territory Environment Protection Authority Act 2012 iii
Part 7 Transitional matters for Northern Territory
Environment Protection Authority
Amendment Act 2018
40 Definitions ...................................................................................... 20
41 Advice and reports of NT EPA ....................................................... 20
42 Offences – before and after commencement................................. 20
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 February 2022
NORTHERN TERRITORY ENVIRONMENT PROTECTION AUTHORITY
ACT 2012
An Act to establish the Northern Territory Environment Protection
Authority, and for related purposes
Part 1 Preliminary matters
1 Short title
This Act may be cited as the Northern Territory Environment
Protection Authority Act 2012.
2 Commencement
This Act commences on the day fixed by the Administrator by
Gazette notice.
3 Definitions
In this Act:
advise includes make a recommendation.
appointed member means a member appointed under
section 10(1)(a).
chairperson means the person appointed to be chairperson of the
NT EPA under section 11(1).
ecologically sustainable development, see section 4 of the
Environment Protection Act 2019.
environment means all aspects of the surroundings of humans,
including the physical, biological, economic, cultural and social
aspects.
member means a member of the NT EPA mentioned in
section 10(1).
Part 2 Northern Territory Environment Protection Authority
Division 1 Establishment
Northern Territory Environment Protection Authority Act 2012 2
NT EPA means the Northern Territory Environment Protection
Authority established by section 6.
Planning Commission means the Planning Commission
established by section 81A of the Planning Act 1999.
principles of ecologically sustainable development has the
same meaning as in the Environment Protection Act 2019.
statement of intent means a statement made under section 24B.
Note for section 3
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
4 Act binds Crown
This Act binds the Crown in right of the Territory and, to the extent
the legislative power of the Legislative Assembly permits, the
Crown in all its other capacities.
5 Application of Criminal Code
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for section 5
Part IIAA of the Criminal Code states the general principles of criminal
responsibility, establishes general defences, and deals with burden of proof. It
also defines, or elaborates on, certain concepts commonly used in the creation of
offences.
Part 2 Northern Territory Environment Protection
Authority
Division 1 Establishment
6 NT EPA established
(1) The Northern Territory Environment Protection Authority is
established.
(2) The NT EPA:
(a) is a body corporate with perpetual succession; and
(b) has a common seal; and
Part 2 Northern Territory Environment Protection Authority
Division 2 Objectives, functions and powers of NT EPA
Northern Territory Environment Protection Authority Act 2012 3
(c) is capable, in its corporate name, of:
(i) acquiring, holding and disposing of real (including
leasehold) and personal property; and
(ii) suing and being sued; and
(iii) entering into contracts.
(3) All courts, judges and persons acting judicially are to take judicial
notice of the common seal of the NT EPA affixed to a document
and are to assume that it was duly affixed.
Division 2 Objectives, functions and powers of NT EPA
7 Objectives
The objectives of the NT EPA are the following:
(a) to promote ecologically sustainable development;
(b) to protect the environment, having regard to the need to
enable ecologically sustainable development;
(c) to promote effective waste management and waste
minimisation strategies;
(d) to enhance community and business confidence in the
environmental protection regime of the Territory.
8 Functions and powers
(1) The functions of the NT EPA are:
(a) to advise and report to the Minister under Part 3; and
(b) to undertake functions associated with environmental
assessments and the management of waste and pollution
conferred on the NT EPA under this or any other Act; and
(c) to perform any other functions conferred on it under this or any
other Act.
(2) The NT EPA has the powers necessary or convenient to perform its
functions.
(3) In exercising its powers and performing its functions, the NT EPA
must:
(a) encourage community involvement and engagement; and
Part 2 Northern Territory Environment Protection Authority
Division 3 Constitution and membership
Northern Territory Environment Protection Authority Act 2012 4
(b) ensure the NT EPA's processes are transparent and
consistent in order to provide greater certainty for businesses
and the community.
9 Independence
(1) The NT EPA is not subject to the direction or control of the Minister
in the exercise of its powers or the performance of its functions.
(2) A member is not subject to the direction or control of the Minister in
the exercise of the member's powers or the performance of the
member's functions.
Division 3 Constitution and membership
10 Membership
(1) The NT EPA consists of the following members:
(a) at least 4 and not more than 7 members appointed by the
Administrator by Gazette notice;
(b) the Chairperson of the Planning Commission.
(2) The Administrator may appoint a person to be a member under
subsection (1)(a) only if:
(a) the person is not a public sector employee; and
(b) the Administrator is satisfied that the person has skills,
knowledge and experience in one or more of the following
areas:
(i) environmental science;
(ii) environmental and natural resource management;
(iii) waste management and pollution control;
(iv) economic analysis;
(v) social analysis;
(vi) business;
(vii) environmental law;
(viii) management in a regulatory field.
Part 2 Northern Territory Environment Protection Authority
Division 3 Constitution and membership
Northern Territory Environment Protection Authority Act 2012 5
(3) Before appointing a person to be a member, the Administrator:
(a) may have regard to the person's skills, knowledge or
experience relating to one or more of the following:
(i) regional areas and issues;
(ii) indigenous issues;
(iii) working with the community; and
(b) must have regard to the range and level of skills, knowledge
and experience required among the members of the NT EPA
to enable it to exercise its powers and perform its functions
effectively.
11 Chairperson
(1) The Administrator must appoint one of the appointed members to
be the chairperson of the NT EPA.
(2) The Administrator may terminate the person's appointment as the
chairperson without terminating the person's appointment as a
member.
(3) The Minister may appoint another of the members to act in the
office of chairperson:
(a) during a vacancy in the office; or
(b) during a period when the chairperson is unable to perform the
duties of the office.
(4) However, the Minister may only appoint a person under
subsection (3):
(a) for a single period not exceeding 6 months; or
(b) for consecutive periods totalling not more than 6 months.
12 Duration of appointment
(1) An appointed member holds office:
(a) for 3 years or the shorter period specified in the instrument of
appointment; and
(b) on the conditions determined by the Administrator.
(2) The member is eligible for reappointment.
Part 2 Northern Territory Environment Protection Authority
Division 3 Constitution and membership
Northern Territory Environment Protection Authority Act 2012 6
13 Leave of absence
The NT EPA may grant a member leave of absence on conditions
determined by the NT EPA for a period not exceeding 12 months.
13A Acting members
(1) If an appointed member is granted a leave of absence under
section 13, the Minister may appoint a person to act as the member
during the period of absence.
(2) The Minister may appoint a person to act as an appointed member
under subsection (1) if:
(a) the person is not a public sector employee; and
(b) the Minister is satisfied that the person has skills, knowledge
or experience similar to the appointed member for whom the
person is to act.
(3) Before appointing a person to act as an appointed member under
subsection (1) the Minister:
(a) may have regard to the criteria mentioned in section 10(3)(a);
and
(b) must have regard to the criteria mentioned in section 10(3)(b).
(4) The Minister may only appoint a person under subsection (1):
(a) for a single period not exceeding 12 months; or
(b) for consecutive periods totalling not more than 12 months.
(5) A person appointed to act as an appointed member is eligible for
appointment as a member.
14 Vacation of office
(1) A person who is an appointed member ceases to be a member if:
(a) the person resigns by giving written notice to the
Administrator; or
(b) the person's term of office comes to an end and the person is
not reappointed; or
(c) the person is convicted of an indictable offence or sentenced
to imprisonment for an offence; or
(d) the person becomes a public sector employee; or
Part 2 Northern Territory Environment Protection Authority
Division 3 Constitution and membership
Northern Territory Environment Protection Authority Act 2012 7
(e) the person's appointment is terminated under section 15.
(2) The exercise of a power or the performance of a function by the NT
EPA is not affected only by a vacancy in its membership.
15 Termination of appointment
(1) The Administrator may terminate the appointment of a person who
is an appointed member:
(a) on the ground of misbehaviour or misconduct; or
(b) on the ground of physical or mental inability to satisfactorily
perform the duties of the office; or
(c) if the Administrator is satisfied the person has failed to comply
with section 22; or
(d) if the person is absent from 3 consecutive meetings of the NT
EPA without leave granted under section 13; or
(da) if the person is, will be or is likely to be absent from duty for a
period of more than 12 consecutive months, whether or not
the person has been granted leave under section 13; or
(e) if the person is found guilty of an offence of such a nature that
it would be inappropriate for the person to continue to be a
member; or
(f) if the person:
(i) becomes bankrupt; or
(ii) applies to take the benefit of a law for the relief of
bankrupt or insolvent debtors; or
(iii) compounds with creditors or makes an assignment of
the person's remuneration for their benefit.
(2) A termination of appointment must be made in writing.
(3) In this section:
misconduct includes failing to exercise powers or perform
functions, or otherwise act, in accordance with the objectives of the
NT EPA.
Part 2 Northern Territory Environment Protection Authority
Division 4 Procedures of NT EPA
Northern Territory Environment Protection Authority Act 2012 8
Division 4 Procedures of NT EPA
16 Procedures
Subject to this Act, the NT EPA may determine its own procedures.
17 Meetings
(1) The chairperson may convene a meeting of the NT EPA at any
time.
(2) However, the chairperson must convene a meeting of the NT EPA:
(a) at least 4 times each year; and
(b) when requested by another member to do so.
(3) A meeting convened under subsection (2)(b) must be held on, or as
soon as practicable after, the meeting date requested by the
member (which must be at least 7 days after the request is made).
18 Quorum at meetings
Subject to section 23(1)(c), the quorum for a meeting of the NT
EPA is a majority of members.
19 Presiding member at meetings
A meeting of the NT EPA must be presided over by:
(a) the chairperson; or
(b) in the absence of the chairperson, another member elected by
the members present at the meeting.
20 Voting at meetings
(1) A decision at a meeting of the NT EPA must be determined by the
majority vote of members present and voting.
(2) If there is an equality of votes, the person presiding at the meeting
has a casting vote.
21 Records of meetings
The NT EPA must keep accurate records of its meetings.
22 Disclosure of interest
(1) This section applies if a member has a personal interest in a matter
being considered, or about to be considered, by the NT EPA.
Part 2 Northern Territory Environment Protection Authority
Division 4 Procedures of NT EPA
Northern Territory Environment Protection Authority Act 2012 9
(2) The member must disclose the following to the other members as
soon as practicable after the relevant facts come to the member's
knowledge:
(a) the nature and extent of the interest;
(b) how the interest relates to the matter mentioned in
subsection (1).
(3) If the relevant facts come to the member's knowledge at a time
when the NT EPA is not meeting, the member must:
(a) make the disclosure mentioned in subsection (2) by written
notice to each other member; and
(b) table a copy of the notice at the next meeting of the NT EPA.
(4) The disclosure must be recorded in the minutes of the meeting at
which, or before which, the disclosure is made.
(5) The member need not disclose an interest if the interest is an
interest shared with the public generally or a section of the public.
(6) For this section, a member has a personal interest in a matter if the
member:
(a) has a direct or indirect financial interest in the matter; or
(b) has a personal, professional, commercial or other relationship
with a person and the nature of the relationship is likely to, or
may reasonably be regarded as likely to, inhibit or prevent the
member from exercising independent judgment about the
matter.
23 Effect of personal interest
(1) If a member has a personal interest in a matter that is required to
be disclosed under section 22:
(a) the member must not take part in any deliberation or decision
of the NT EPA about the matter; and
(b) the member must be disregarded for the purpose of
constituting the quorum of the NT EPA for the deliberation or
decision; and
(c) the quorum for the deliberation or decision is a majority of
members entitled to participate in the deliberation or decision.
Part 2A Statement of intent
Northern Territory Environment Protection Authority Act 2012 10
(2) However, a failure by the member to disclose the interest in the
matter does not, on its own, invalidate any decision of the NT EPA
about the matter.
24 Limitation on challenge to decision of member
(1) This section applies if a person who is a member of the NT EPA:
(a) takes part in any deliberation or decision of the Planning
Commission about a matter; and
(b) takes part in any decision of the NT EPA under this or another
Act in relation to the same matter (a relevant decision).
(2) A relevant decision must not be challenged, appealed against,
quashed or called into question in any court or tribunal merely
because the person took part in the Planning Commission's
deliberation or decision.
(3) A reference in this section to a relevant decision includes a
reference to any of the following:
(a) an assessment or report;
(b) an opinion, advice or recommendation;
(c) a decision about licensing or compliance.
Part 2A Statement of intent
24A Statement of intent
(1) At least once every 4 years, the NT EPA must provide the Minister
with a statement of intent for the next 4 years.
(2) The statement must specify the following:
(a) the NT EPA's priorities for the period covered by the
statement;
(b) how the NT EPA's priorities relate to the objectives of the NT
EPA;
(c) the nature and scope of the activities it intends to carry out to
meet the NT EPA's priorities during the period covered by the
statement;
(d) the manner in which the NT EPA's priorities contribute to the
Territory's objectives in relation to environmental management
and economic development.
Part 3 Advice and reports of NT EPA
Division 1 Advice and reports on general matters
Northern Territory Environment Protection Authority Act 2012 11
(3) The statement may include any other matters the NT EPA
considers appropriate.
24B Making statement
(1) The NT EPA must consult with the Minister in the preparation of a
statement of intent.
(2) A statement must be in writing and signed by the chairperson.
(3) A statement takes effect on the day on which it is accepted by the
Minister.
(4) The Minister must accept a statement provided by the NT EPA
unless the activities described in the statement are not consistent
with the objectives of the NT EPA.
(5) A statement may be amended or revoked and replaced at any time
by following the process in subsections (1) to (4).
24C Publication
(1) As soon as practicable after a statement of intent is accepted by the
Minister, the NT EPA must make a copy of the statement available
to the public in the way it considers appropriate.
(2) The Minister must table a copy of the statement in the Legislative
Assembly within 6 sitting days after accepting the statement.
24D Regard to statement of intent
The NT EPA must have regard to a statement of intent in exercising
its powers and performing its functions.
Part 3 Advice and reports of NT EPA
Division 1 Advice and reports on general matters
25AA Regard to principles of ecologically sustainable development
In providing advice or a report to the Minister under this Division,
the NT EPA must have regard to the principles of ecologically
sustainable development the NT EPA considers relevant to the
advice or report.
Part 3 Advice and reports of NT EPA
Division 1 Advice and reports on general matters
Northern Territory Environment Protection Authority Act 2012 12
25 Advice of NT EPA
(1) The NT EPA must, at the request of the Minister, advise the
Minister about any of the following matters:
(a) achieving appropriate and effective environmental policy and
management for the Territory;
(b) legislation related to the environment and its administration;
(c) issues affecting the Territory's capacity to achieve ecologically
sustainable development;
(d) emerging environmental issues;
(e) the cumulative impacts of development on the environment;
(f) any other matter related to the objectives of the NT EPA.
(2) In addition, the NT EPA may, on its own initiative, advise the
Minister about any of the matters mentioned in subsection (1).
26 Matters for consideration
In performing its functions under section 25, the NT EPA may have
regard to the following:
(a) the need to adopt objectives, targets and standards for
environmental management that are:
(i) soundly and scientifically based; and
(ii) consistent with best practices;
(b) the need to consider:
(i) the global dimension of environmental impacts of actions
and policies; and
(ii) regional variations in the environment;
(c) the need to develop a strong, growing and diversified
economy and a well-informed and engaged private sector that
can enhance the capacity for protection of the environment;
(d) the need to maintain and enhance international
competitiveness in an environmentally sound way;
(f) government policies and priorities for the Territory, including
economic policies and priorities;
Part 3 Advice and reports of NT EPA
Division 1 Advice and reports on general matters
Northern Territory Environment Protection Authority Act 2012 13
(g) any other matters the NT EPA considers relevant.
28 Environmental quality reports
(1) The NT EPA must, at the request of the Minister, inquire into and
report to the Minister on any aspect of environmental quality in the
Territory.
(2) In addition, the NT EPA may, on its own initiative, inquire into and
report to the Minister on any aspect of environmental quality in the
Territory.
(3) A report under this section may include recommendations in
relation to any aspect of environmental quality in the Territory.
28A Reports on system of environmental management
(1) The NT EPA must, at the request of the Minister, inquire into and
report to the Minister on any aspect of the Territory's system of
environmental management or its outcomes.
(2) In addition, the NT EPA may, on its own initiative, inquire into and
report to the Minister on any aspect of the Territory's system of
environmental management or its outcomes.
(3) A report under this section may include recommendations in
relation to any aspect of the Territory's system of environmental
management.
(4) In this section:
system of environmental management means the system of
legislation, policy and practices related to the management of the
environment.
29 Availability of advice and reports
(1) After the NT EPA gives advice or a report to the Minister under this
Division, it must make copies of the advice or report available to the
public in the way it considers appropriate.
(2) However, the NT EPA:
(a) must withhold from the public information of a commercially
confidential nature; and
(b) may withhold other information from the public if it is satisfied
there are reasonable grounds for doing so.
Part 3 Advice and reports of NT EPA
Division 2 Advice on specific matters
Northern Territory Environment Protection Authority Act 2012 14
(3) In addition, before making the advice or report available to the
public, the NT EPA must give the Minister reasonable notice of its
intention to do so.
(4) The Minister must table a copy of the advice or report (excluding
information withheld under subsection (2)) in the Legislative
Assembly within 6 sitting days after receiving it.
(5) This section does not apply if the advice or report is of an
administrative or preliminary nature.
29A Response to advice or report
(1) If the NT EPA gives advice or a report to the Minister under this
Division, the Minister must, as soon as practicable, but within
6 months after receiving the advice or report:
(a) give the NT EPA a written response to the advice or report;
and
(b) if the Minister has not followed, or does not intend to follow,
the advice or a recommendation contained in the report –
include in the response reasons why the Minister has not
implemented, or does not intend to implement, the advice or
recommendation.
(2) The NT EPA may make copies of the written response available to
the public in the way it considers appropriate.
(3) However, the NT EPA must withhold from the public information of
a commercially confidential nature.
Division 2 Advice on specific matters
29B Advice of NT EPA on specific matters
The NT EPA must, at the request of a Minister, advise that Minister
about any proposal, policy, plan or other measure to manage the
environmental impact of development on the environment.
29C Matters for consideration
In providing advice under section 29B, the NT EPA:
(a) must have regard to any criteria specified in the request for
advice; and
(b) may have regard to any other matters the NT EPA considers
relevant.
Part 3 Advice and reports of NT EPA
Division 3 Inquiries
Northern Territory Environment Protection Authority Act 2012 15
29D Availability of advice
(1) After the NT EPA gives advice to a Minister under this Division, it
may make copies of the advice available to the public in the way it
considers appropriate.
(2) However, the NT EPA must withhold from the public information of
a commercially confidential nature.
(3) In addition, before making the advice available to the public, the NT
EPA must give the Minister who requested the advice reasonable
notice of its intention to do so.
Division 3 Inquiries
30 Conduct of inquiries
(1) In exercising its powers and performing its functions under this Part,
the NT EPA may:
(a) conduct the inquiries it considers appropriate; and
(b) ask a person with special knowledge or experience relevant to
a particular inquiry to help it conduct the inquiry.
(2) For subsection (1)(a), the NT EPA may, by written notice, require a
person to give it relevant information within the reasonable period
stated in the notice.
(3) The person commits an offence if the person engages in conduct
that results in the contravention of the notice.
Maximum penalty: 50 penalty units.
(4) An offence against subsection (3) is an offence of strict liability.
(5) It is a defence to a prosecution for an offence against
subsection (3) if the defendant establishes a reasonable excuse.
(6) An individual is not excused from giving information under
subsection (2) on the ground that the information may tend to
incriminate the individual or expose the individual to a penalty.
(7) However, information provided by an individual is not admissible as
evidence against the individual in civil or criminal proceedings other
than proceedings arising out of the false or misleading nature of the
information.
Part 4 Offences
Northern Territory Environment Protection Authority Act 2012 16
Part 4 Offences
31 Misleading information
(1) A person commits an offence if:
(a) the person intentionally gives information to another person;
and
(b) the other person is a relevant person; and
(c) the information is misleading and the person has knowledge of
that circumstance; and
(d) the relevant person is acting in an official capacity and the
person has knowledge of that circumstance.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(2) A person commits an offence if:
(a) the person intentionally gives a document to another person;
and
(b) the other person is a relevant person; and
(c) the document contains misleading information and the person
has knowledge of that circumstance; and
(d) the relevant person is acting in an official capacity and the
person has knowledge of that circumstance.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(3) Strict liability applies to subsections (1)(b) and (2)(b).
(4) It is a defence to a prosecution for an offence against
subsection (2) if the person, when giving the document:
(a) draws the misleading aspect of the document to the relevant
person's attention; and
(b) to the extent to which the person can reasonably do so – gives
the relevant person the information necessary to remedy the
misleading aspect of the document.
Part 4 Offences
Northern Territory Environment Protection Authority Act 2012 17
(5) In this section:
acting in an official capacity, in relation to a relevant person,
means the person is exercising powers or performing functions
under or otherwise related to the administration of this Act.
misleading information means information that is misleading in a
material particular or because of the omission of a material
particular.
relevant person means any of the following:
(a) a member;
(b) a staff member provided to the NT EPA under section 37(1);
(c) a person who provides a service that is connected with the
administration of this Act to or for the NT EPA.
32 Offence to disclose certain information
(1) A person commits an offence if:
(a) the person obtains:
(i) information in the course of performing a function
connected with the administration of this Act or
exercising a power under this Act; or
(ii) information connected with the administration of this Act
in the course of providing a service to or for the NT EPA;
and
(b) the information is confidential and the person is reckless in
relation to that circumstance; and
(c) the person intentionally engages in conduct; and
(d) the conduct results in the disclosure of the information and the
disclosure is not:
(i) for a purpose connected with the administration of this
Act, including a legal proceeding arising out of the
operation of this Act; or
(ii) to a person who is otherwise entitled to the information;
and
Part 5 Administrative matters
Northern Territory Environment Protection Authority Act 2012 18
(e) the person is reckless in relation to the result and
circumstance mentioned in paragraph (d).
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(2) Strict liability applies to subsection (1)(a).
(3) If the information mentioned in subsection (1) relates to a person, it
is a defence to a prosecution for an offence against that subsection
if the person has consented to the disclosure of the information.
Note for section 32
In addition to the circumstances mentioned in this section, a person who
discloses information mentioned in this section will not be criminally responsible
for an offence if the disclosure is justified or excused by or under a law (see
section 43BE of the Criminal Code).
Part 5 Administrative matters
33 Annual report
(1) The chairperson must prepare and give to the Minister a report on
the performance by the NT EPA of its functions during each
financial year.
(1A) The report must include information regarding the activities carried
out by the NT EPA under a statement of intent in force during the
financial year.
(2) The report must be given to the Minister by 31 October following
the end of the financial year.
(3) The Minister must table a copy of the report in the Legislative
Assembly within 6 sitting days after the Minister receives the report.
34 Guidelines
(1) The NT EPA may make guidelines about its administrative
practices and procedures.
(2) Without limiting subsection (1), the guidelines may provide for
dealing with culturally sensitive or commercial information.
(3) The guidelines must not be inconsistent with this Act.
Part 5 Administrative matters
Northern Territory Environment Protection Authority Act 2012 19
35 Protection from liability
(1) A person is not civilly or criminally liable for an act done or omitted
to be done by the person in good faith in the exercise of a power or
performance of a function as a member.
(2) In addition, the person is not civilly or criminally liable for an act
done or omitted to be done by the NT EPA in good faith in the
exercise of a power or performance of a function under this or
another Act.
(3) Subsections (1) and (2) do not affect any liability the Territory
would, apart from those subsections, have for the act or omission.
(4) In this section:
exercise, of a power, includes the purported exercise of the power.
performance, of a function, includes the purported performance of
the function.
36 Delegation
(1) The NT EPA may delegate any of its powers and functions under
this or any other Act to:
(a) a member; or
(b) a public sector employee; or
(c) a Chief Executive Officer.
(2) In this section:
Chief Executive Officer, see section 3 of the Public Sector
Employment and Management Act 1993.
37 Staff and facilities for NT EPA
(1) The Chief Executive Officer must provide the NT EPA with staff and
facilities to enable it to properly exercise its powers and perform its
functions.
(2) A staff member provided to the NT EPA under subsection (1) is
subject only to the direction of the chairperson in the performance
of his or her duties for the NT EPA.
38 Regulations
The Administrator may make regulations under this Act.
Part 7 Transitional matters for Northern Territory Environment Protection Authority
Amendment Act 2018
Northern Territory Environment Protection Authority Act 2012 20
Part 6 Repeals
39 Repeal
The following Acts are repealed:
(a) Environment Protection Authority Act 2007 (Act No. 24 of
2007);
(b) Environment Protection Authority Amendment Act 2010
(Act No. 5 of 2010).
Part 7 Transitional matters for Northern Territory
Environment Protection Authority Amendment
Act 2018
40 Definitions
In this Part:
commencement means the day on which the Northern Territory
Environment Protection Authority Amendment Act 2018
commences.
41 Advice and reports of NT EPA
Part 3, as in force immediately before the commencement,
continues to apply in relation to the following:
(a) advice of the NT EPA under section 25(1) of the Act if the
advice was requested by the Minister before the
commencement;
(b) an inquiry and report of the NT EPA under section 28(1) of the
Act if the inquiry and report was requested by the Minister
before the commencement;
42 Offences – before and after commencement
(1) Sections 31 and 32, as amended by the Northern Territory
Environment Protection Authority Amendment Act 2018, apply only
in relation to offences committed after the commencement.
(2) Sections 31 and 32, as in force before the commencement,
continue to apply in relation to offences committed before the
commencement.
Part 7 Transitional matters for Northern Territory Environment Protection Authority
Amendment Act 2018
Northern Territory Environment Protection Authority Act 2012 21
(3) For this section, if any of the conduct constituting an offence
occurred before the commencement, the offence is taken to have
been committed before the commencement.
ENDNOTES
Northern Territory Environment Protection Authority Act 2012 22
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Northern Territory Environment Protection Authority Act 2012 (Act No. 28, 2012)
Assent date 6 December 2012
Commenced 1 January 2013 (Gaz S82, 21 December 2012)
Statute Law Revision Act 2014 (Act No. 38, 2014)
Assent date 13 November 2014
Commenced 13 November 2014
Statute Law Revision Act 2017 (Act No. 4, 2017)
Assent date 10 March 2017
Commenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)
Northern Territory Environment Protection Authority Amendment Act 2018 (Act No. 27,
2018)
Assent date 29 November 2018
Commenced 30 November 2018 (s 2)
Environment Protection Act 2019 (Act No. 31, 2019)
Assent date 9 October 2019
Commenced 28 June 2020 (Gaz G17, 29 April 2020, p 2)
Amending Legislation
Statute Law Revision and Repeals Act 2019 (Act No. 33, 2019)
Assent date 6 November 2019
Commenced pts 2 and 3: 11 December 2019 (Gaz G50,
11 December 2019, p 2); rem: 7 November 2019 (s 2)
Environment Legislation Amendment Act 2021 (Act No. 22, 2021)
Assent date 18 November 2021
Commenced pt 7: 31 March 2022; rem: 1 February 2022 (Gaz G51,
22 December 2021, p 1)
ENDNOTES
Northern Territory Environment Protection Authority Act 2012 23
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3 and 36.
4 LIST OF AMENDMENTS
s 3 amd No. 27, 2018, s 4; No. 31, 2019, s 314; No. 22, 2021, s 22
s 8 amd No. 27, 2018, s 5
s 10 amd No. 27, 2018, s 6
s 13 amd No. 27, 2018, s 7
s 13A ins No. 27, 2018, s 8
s 15 amd No. 27, 2018, s 9
pt 2A hdg ins No. 27, 2018, s 10
s 24A ins No. 27, 2018, s 10
amd No. 22, 2021, s 23
ss 24B – 24D ins No. 27, 2018, s 10
pt 3
div 1 hdg ins No. 27, 2018, s 11
s 25AA ins No. 27, 2018, s 11
amd No. 31, 2019, s 315
s 26 amd No. 27, 2018, s 12
s 27 rep No. 27, 2018, s 13
s 28 amd No. 27, 2018, s 14
s 28A ins No. 27, 2018, s 15
s 29 amd No. 38, 2014, s 2; No. 27, 2018, s 16
s 29A ins No. 27, 2018, s 17
pt 3
div 2 hdg ins No. 27, 2018, s 17
ss 29B – 29D ins No. 27, 2018, s 17
pt 3
div 3 hdg ins No. 27, 2018, s 17
ss 31 – 32 sub No. 27, 2018, s 18
s 33 amd No. 27, 2018, s 19
pt 6 hdg sub No. 4, 2017, s 23
pt 6
div 1 hdg rep No. 4, 2017, s 23
pt 6
div 2 hdg rep No. 4, 2017, s 24
ins No. 27, 2018, s 20
pt 7 hdg exp No. 28, 2012, s 58
s 40 rep No. 4, 2017, s 24
ins No. 27, 2018, s 20
s 41 exp No. 28, 2012, s 41(5)
ins No. 27, 2018, s 20
s 42 exp No. 28, 2012, s 42(6)
ins No. 27, 2018, s 20
pt 7
div 1 hdg exp No. 28, 2012, s 58
ss 43 – 51 exp No. 28, 2012, s 58
pt 7
div 2 hdg exp No. 28, 2012, s 58
s 52 exp No. 28, 2012, s 58
pt 7
div 3 hdg exp No. 28, 2012, s 58
ss 53 – 55 exp No. 28, 2012, s 58
ENDNOTES
Northern Territory Environment Protection Authority Act 2012 24
pt 7
div 4 hdg exp No. 28, 2012, s 58
s 56 exp No. 28, 2012, s 58
pt 7
div 5 hdg exp No. 28, 2012, s 58
s 57 exp No. 28, 2012, s 58
pt 7
div 6 hdg exp No. 28, 2012, s 58
s 58 exp No. 28, 2012, s 58
sch 1 – 4 exp No. 28, 2012, s 58