Environmental Management and Pollution Control Act 1994
96XPurposes, and contents, of technical standards
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96X Purposes, and contents, of technical standards
[Section 96X Inserted by No. 42 of 2022, s. 17, Applied:14 Dec 2022]
(1) A technical standard may be made for the purposes of –
(a) environmental standards; or
(b) assisting in the implementation of a State Policy, environment protection policy or National Environment Protection Measure.
(2) A technical standard must specify the purpose, referred to in subsection (1) , for which it is made.
(3) A technical standard may contain –
(a) a scientific method; or
(b) a description of a process; or
(c) an environmental monitoring method; or
(d) a data collection and management protocol; or
(e) a qualitative or quantitative assessment method; or
(f) a scientific equipment standard; or
(g) any other matter.
(4) A technical standard may –
(a) authorise any act, matter, or thing, that may be included in the technical standard to be from time to time determined, applied or regulated by the Board or the Director; and
(b) refer to an Australian Standard or an instrument, of a legislative or administrative character, made under an Act of the Commonwealth, another State or a Territory –
(i) as the Australian Standard or instrument is in force at the time at which the reference to the Australian Standard or instrument is included in the technical standard; or
(ii) as the Australian Standard or instrument is amended from time to time after the Australian Standard or instrument is included in the technical standard.
(5) The Acts Interpretation Act 1931 applies to the interpretation of a technical standard as if it were by-laws.