(1) In this Act unless inconsistent with the context or subject-matter— S. 4(1) def. of accredited licensee inserted by No. 20/1994 s. 13(1)(a), substituted as def. of accreditation by No. 61/2006 s. 3(a). accreditation means accreditation granted under section 26B; S. 4(1) def. of Appeals Tribunal inserted by No. 9/1987 s. 9(Sch. 3 item 5.1), repealed by No. 52/1998 s. 311(Sch. 1 item 27.1(a)). * * * * * S. 4(1) def. of amend inserted by No. 87/1989 s. 4(a). amend includes to add, delete, discharge or vary; S. 4(1) def. of analysis amended by No. 9207 s. 2, substituted by No. 10261 s. 5(a)(i). analysis includes the taking of a sample or any test, measurement, calculation or examination made for the purpose of determining the characteristics of any matter or substance or the effects of any discharge, emission or deposit of waste or any emission of noise upon any segment of the environment; S. 4(1) def. of analyst substituted by No. 10092 s. 5(1)(a). analyst means a person appointed under this Act as an analyst for the purposes of this Act; Authority means the Environment Protection Authority constituted under this Act;
S. 4(1) def. of element amended by No. 10092 s. 5(1)(f). element in relation to the environment means any of the principal constituent parts of the environment including waters, atmosphere, land, vegetation, climate, sound, odour, aesthetics, fish and wildlife; S. 4(1) def. of environment amended by No. 10092 s. 5(1)(g). environment means the physical factors of the surroundings of human beings including the land, waters, atmosphere, climate, sound, odours, tastes, the biological factors of animals and plants and the social factor of aesthetics; S. 4(1) def. of Environment and Resource Efficiency Plan inserted by No. 61/2006 s. 34. Environment and Resource Efficiency Plan means a Plan prepared under section 26H; s. 4 S. 4(1) def. of environmental audit inserted by No. 87/1989 s. 4(e). environmental audit means a total assessment of the nature and extent of any harm or detriment caused to, or the risk of any possible harm or detriment which may be caused to, any beneficial use made of any segment of the environment by any industrial process or activity, waste, substance (including any chemical substance) or noise; S. 4(1) def. of environmental auditor inserted by No. 87/1989 s. 4(e). environmental auditor means a person appointed under this Act as an environmental auditor for the purposes of this Act; S. 4(1) def. of environmental hazard inserted by No. 10261 s. 5(a)(ii), substituted by No. 20/1988 s. 4(b). environmental hazard means a state of danger to human beings or the environment whether imminent or otherwise resulting from the location, storage or handling of any substance having toxic, corrosive,
(iii) national and international trends of significance in environment protection; and (b) to advise on the appointment of the Chairman when that position is vacant; and (c) to inquire into, and to report on, any matter or thing relating to the administration or business practices of the Authority that is referred to it by the Minister or the Chairman; and (d) generally to carry out any other function or duty given to it, or imposed on it, by this Act or any other Act. (3) The Board may do all things that are necessary or convenient to enable it to perform its functions. S. 9 amended by Nos 8277 s. 3, 9098 s. 4(a)(b), 9512 s. 2(1), 9988 s. 2, substituted by No. 10092 s. 6(1), amended by No. 42/1995 s. 224(Sch. 2 item 15), substituted by No. 65/1996 s. 3. 9 Members of the Board s. 9 (1) The Board consists of 3 people appointed by the Governor in Council on the recommendation of the Minister who, in the opinion of the Minister, have skills, experience or knowledge that will assist the Board to carry out its functions. (2) The Governor in Council, on the recommendation of the Minister, must appoint one of the people appointed under subsection (1) to be the President of the Board. (3) An act or decision of the Board is not invalid by reason only of vacancies in the membership of the Board or of defects in the appointment of the members of the Board.
S. 14(2) amended by Nos 9098 s. 6(a), 65/1996 s. 30(1)(c)(i)(ii), 108/2004 s. 117(1) (Sch. 3 item 68.6). (2) With the consent of the Minister concerned the Authority may make use of the services of any officer or employee in the public service within the meaning of the Public Administration Act 2004 and may enter into any agreement with any person or body whereby the services of that person or body or any officer or servant thereof may be in part made use of by the Authority. S. 14(3) repealed by No. 10092 s. 22(6)(a). * * * * * S. 15 amended by Nos 9512 s. 2(1), 10160 s. 4(i), 87/1989 s. 6, 49/2000 s. 27(b). 15 Expenses of Authority etc. s. 15 The remuneration and expenses of the Chairman, the Deputy Chairman and the members of the Board and all expenses lawfully incurred by the Authority and the Board under this Act shall be defrayed out of moneys appropriated by the Treasurer from the Environment Protection Fund and moneys provided by Parliament for the purpose. _______________ Heading preceding s. 16 substituted as Pt 3 Div. 1 (Heading) by No. 49/2000 s. 12(a). Division 1—Declaration of policy 16 State environment protection policy S. 16(1) amended by No. 10160 s. 4(j). s. 16 (1) For the purposes of this Act the Governor in Council may, on the recommendation of the Authority, by Order published in the Government Gazette declare the environment protection policy to be observed with respect to the environment
(2) A works approval shall expire in any of the following cases— S. 19CA(2)(a) amended by No. 45/1987 s. 205(Sch. item 20(a)). (a) if the works to which the works approval relates have not been commenced to the satisfaction of the Authority by the day specified in the works approval or any later day specified under subsection (4); (b) if a new works approval is issued in substitution for an existing works approval; s. 19CA S. 19CA(2)(c) substituted by No. 87/1989 s. 13. (c) if— (i) a licence is issued under section 20 in respect of the premises to which the works approval relates; and (ii) all works covered by the works approval have been completed to the satisfaction of the Authority; S. 19CA(2)(d) substituted by No. 87/1989 s. 13. (d) if— (i) a licence is amended under section 20A; and (ii) the amendment is made because of the works to which the works approval relates; and (iii) all works covered by the works approval have been completed to the satisfaction of the Authority. S. 19CA(3) inserted by No. 45/1987 s. 205(Sch. item 20(b)). (3) If a permit has been issued for the proposed works under the Planning and Environment Act 1987, the Authority must specify an expiry day for the works approval under subsection (1) which must not be later than the day on which the permit expires for a failure to start the works. S. 19CA(4) inserted by No. 45/1987 s. 205(Sch. item 20(b)). (4) The Authority may extend the time within which any works to which subsection (3) applies must be commenced.
(ii) a permit is required under the Planning and Environment Act 1987 for the works; (iii) a permit has been issued under the Planning and Environment Act 1987 for the works; (iv) the responsible authority is considering an application for a permit under the Planning and Environment Act 1987 for the works; s. 20A (v) the works are prohibited by the planning scheme; S. 20A(6)(cb) inserted by No. 45/1987 s. 205(Sch. item 22(c)). (cb) the responsible authority may also— (i) tell the Authority in writing within 45 days after the day on which the copy of the application was sent whether it supports, does not object or objects to the application; and (ii) ask the Authority in writing within 45 days after the day on which the copy of the application was sent to include specified conditions in any amendment of the licence; S. 20A(6)(cc) inserted by No. 45/1987 s. 205(Sch. item 22(c)). (cc) the responsible authority must give the Authority a copy of any permit issued under the Planning and Environment Act 1987 for the works; (d) the Authority shall— S. 20A(6)(d)(i) substituted by No. 45/1987 s. 205(Sch. item 22(d)). (i) take into account any replies, reports, comments and information received under paragraphs (c), (ca), (cb) and (cc);
S. 20A(6)(h) inserted by No. 45/1987 s. 205(Sch. item 22(f)). (h) any amendment made to a licence in contravention of paragraph (d)(iii) or (g) is void. (7) The Authority shall not deal with an application to which subsection (6) applies unless the applicant forwards to the Authority the fee which the Authority assesses to be the fee that would have been payable had the applicant applied for a works approval as required by section 19A. S. 20A(8) inserted by No. 22/1987 s. 7(f), substituted by No. 87/1989 s. 11(3)(b), amended No. 61/2006 s. 9(2)(a). (8) If the Authority receives requests under subsection (6)(b)(v), the Authority must notify the people and bodies who made the requests that it has made an amendment to a licence by— S. 20A(8)(a) amended by No. 61/2006 s. 9(2)(b). (a) sending notice of the amendment to each person and body who made a request (or if a request is made by a number of people or bodies jointly, to a representative of those people or bodies); or S. 20A(8)(b) amended by No. 61/2006 s. 9(2)(b). (b) publishing notice of the amendment in a newspaper circulating generally throughout . S. 20AA inserted by No. 9988 s. 3, repealed by No. 10092 s. 9(1), new s. 20AA inserted by No. 45/1987 s. 205(Sch. item 23), amended by No. 92/1990 s. 128(Sch. 1 item 8.5). 20AA Joint advertisement s. 20AA Any notice required to be given under section 19B(3)(b), 20(8)(b) or 20A(6)(b) may be combined with any notice— (a) relating to the same proposal; or (b) of the preparation of an amendment to a planning scheme— which is required to be given under the Planning and Environment Act 1987 or the Environment Effects Act 1978.
S. 26Q inserted by No. 61/2006 s. 33. 26Q Transfer of Environment and Resource Efficiency Plan s. 26Q (1) This section applies if while an Environment and Resource Efficiency Plan is in operation, the person who undertakes the scheduled activity transfers the undertaking of the scheduled activity to another person. (2) The person to whom the undertaking of the scheduled activity is transferred becomes responsible by virtue of this section for the implementation of the Environment and Resource Efficiency Plan as from the day on which the transfer of the undertaking takes effect. Pt 3 Div. 5 (Heading) inserted by No. 49/2000 s. 12(e). Division 5—Offences and powers of the Authority S. 27 amended by Nos 9098 s. 11, 9758 s. 3(a)–(c), 9988 s. 5, substituted by No. 10092 s. 9(1). 27 Offences S. 27(1) amended by Nos 87/1989 s. 21, 86/1990 ss 4(c), 5(a)(b), 49/2000 s. 3(15)(Sch. item (4) (a)–(c)), substituted by No. 61/2006 s. 20, amended by No. 68/2009 s. 97(Sch. item 50.3). (1) A person who is the occupier of a scheduled premises at or from which waste is discharged, emitted or deposited to the environment— (a) without a licence where a licence is required by this Act; or (b) while the licence is suspended— is guilty of an indictable offence against this Act and liable to a penalty of not more than 2400 penalty units and in the case of a continuing offence to a daily penalty of not more than 1200 penalty units for each day the offence continues after conviction or after service by the
S. 27(2) amended by Nos 87/1989 ss 7(d)(i)(ii) (as amended by No. 86/1990 s. 13(2)(a)), 14(b), 86/1990 s. 5(a)(b), 20/1994 s. 17(a), 49/2000 s. 3(15)(Sch. item (4) (a)–(c)), 68/2009 s. 97(Sch. item 50.3). (2) A holder of a licence who contravenes any condition to which the licence is subject shall be guilty of an indictable offence against this Act and liable to a penalty of not more than 2400 penalty units and in the case of a continuing offence to a daily penalty of not more than 1200 penalty units for each day the offence continues after conviction or after service by the Authority on the accused of notice of contravention of the condition. s. 27 S. 27(3) amended by No. 87/1989 s. 7(e)(i)(ii). (3) Where— (a) premises are shared by a corporation and a subsidiary or subsidiaries of that corporation; (b) one of those corporations is the holder of a licence under this Act in respect of those premises; and S. 27(3)(c) amended by No. 87/1989 s. 14(b). (c) there occurs on the premises a contravention of a condition to which the licence is subject— the holder of the licence shall in the absence of evidence to the contrary be deemed to have caused that contravention. S. 27(4) amended by Nos 65/1996 s. 30(1)(f), 44/2001 s. 3(Sch. item 37.1). (4) For the purposes of subsection (3) a corporation is a subsidiary of another corporation if the corporation is a subsidiary of the corporation within the meaning of the Corporations Act.
S. 31A(1A) inserted by No. 49/2000 s. 11(2). (1A) Despite subsection (1), the Authority may not serve a pollution abatement notice in respect of any noise, or likely noise, in respect of which a direction may be given under section 48A(6). S. 31A(1B) inserted by No. 61/2006 s. 36(1). (1B) If the Authority is satisfied that there has been or is likely to be a failure to comply with any requirement of Division 4A of Part III, the Authority may serve a pollution abatement notice on a person who undertakes the scheduled activity specifying the reason for which the pollution abatement notice is served. S. 31A(2) substituted by No. 10261 s. 16, amended by No. 61/2006 s. 49(1)(c). s. 31A (2) A pollution abatement notice may require the person on whom it is served to do any one or more of the following— (a) to cease carrying on or not commence the process, activity or use; (b) to carry on, modify or control the process, activity or use in the manner specified in the pollution abatement notice; (c) to supply to the Authority plans, specifications and other information as is specified in the pollution abatement notice showing how the process, activity or use will be carried on, modified or controlled; (d) to take the measures including the installation, alteration, maintenance or operation of any apparatus, plant or structures as may be specified in the pollution abatement notice; (e) to comply with— (i) any standard prescribed by the regulations; S. 31A(2)(e)(ia) inserted by No. 61/2006 s. 47(2). (ia) any requirement imposed by a regulation made under section 71(1)(kb), 71(1)(kd) or 71(1)(ke);
S. 31A(2B) inserted by No. 49/2000 s. 11(5), amended by No. 61/2006 s. 22(1)(b)(c). (2B) If a premises emits noise and is used lawfully for a purpose for which a new use could not be established under a planning scheme under the Planning and Environment Act 1987, the Authority may take that fact into account in deciding whether to issue a pollution abatement notice in respect of the noise emitted from that premises, or in deciding what is to be included in such a notice. (3) A requirement contained in a pollution abatement notice may be expressed to be general or limited in operation as to particular times, places or circumstances. (4) A pollution abatement notice may specify a period of time within which any requirement specified in the pollution abatement notice is to be complied with. S. 31A(5) amended by Nos 87/1989 s. 10(e)(i)(ii), 61/2006 s. 49(1)(e). s. 31A (5) The Authority may by notice of amendment in writing served on the person on whom a pollution abatement notice has been served— (a) extend the period if any for compliance with a requirement specified in the pollution abatement notice if the Authority is satisfied that the circumstances of the case justify an extension of that period; and (b) revoke or amend any requirement specified in the pollution abatement notice. S. 31A(6) amended by No. 87/1989 s. 10(f). (6) A pollution abatement notice and any notice of amendment of a pollution abatement notice shall not take effect until a day specified in the pollution abatement notice or notice of amendment being a day not less than 30 days after the day on which the pollution abatement notice or notice of amendment is served.
S. 32(2) amended by No. 9/1987 s. 9(Sch. 3 item 5.3), repealed by No. 52/1998 s. 311(Sch. 1 item 27.3(b)). * * * * * S. 33 substituted by No. 10092 s. 12(1) (as amended by No. 10160 s. 8(1)(a)). 33 Reviews with respect to works approvals s. 33 S. 33(1) amended by Nos 9/1987 s. 9(Sch. 3 item 5.4), 52/1998 s. 311(Sch. 1 item 27.4 (a)(b)). (1) An applicant for a works approval whose interests are affected by the— (a) refusal of the Authority or a delegated agency to issue a works approval; or (b) failure of the Authority or a delegated agency to determine an application for a works approval within the period of time allowed under this Act— may within 21 days after the refusal or the expiration of the period of time allowed apply to the Tribunal for review of that refusal or failure. S. 33(2) amended by Nos 9/1987 s. 9(Sch. 3 item 5.4), 52/1998 s. 311(Sch. 1 item 27.4 (a)(b)). (2) An applicant for the transfer of a works approval whose interests are affected by the refusal of the Authority or a delegated agency to transfer the works approval may within 21 days after the refusal apply to the Tribunal for review of that refusal.
S. 37 substituted by No. 10092 s. 12(1) (as amended by No. 10160 s. 8(1)(f)(g)), amended by Nos 9/1987 s. 9(Sch. 3 item 5.13), 20/1988 s. 9(6)(a), 52/1998 s. 311(Sch. 1 item 27.17(a)). 37 Powers of Tribunal s. 37 On a review under this Part the Tribunal, by order, may— (a) direct that a works approval shall or shall not be issued or transferred or be subject to a specified condition; S. 37(b) amended by No. 87/1989 s. 14(b). (b) direct that a licence shall or shall not be issued, transferred, revoked or suspended or be amended under section 20A or be subject to a specified condition; S. 37(ba) inserted by No. 7/2001 s. 11(3). (ba) in the case of a direction under section 19AG, confirm, amend or revoke the direction; S. 37(c) amended by No. 87/1989 s. 10(i). (c) subject to section 33C, confirm, amend or revoke any amendment of a works approval under section 19C or of a licence under section 20(9); S. 37(d) amended by Nos 9/1987 s. 9(Sch. 3 item 5.13), 87/1989 s. 10(j), 52/1998 s. 311(Sch. 1 item 27.17(b)). (d) in the case of an appeal under section 34(1), confirm, revoke or amend the notice as the Tribunal thinks fit; S. 37(e) amended by Nos 9/1987 s. 9(Sch. 3 item 5.13), 87/1989 s. 10(j), 52/1998 s. 311(Sch. 1 item 27.17(b)). (e) in the case of an appeal under section 35(1), confirm, revoke or amend the notice as the Tribunal thinks fit;
S. 37(f) amended by Nos 9/1987 s. 9(Sch. 3 item 5.13), 87/1989 s. 10(j), 52/1998 s. 311(Sch. 1 item 27.17(b)), substituted by No. 37/2002 s. 41(2). (f) in the case of an application under section 36AA— s. 37A (i) if the Tribunal considers the provision to be oppressive, unjust or unreasonable, revoke or amend the provision as the Tribunal considers appropriate; or (ii) in any other case, confirm the provision; S. 37(g) amended by No. 10261 s. 17(5). (g) direct that a permit shall or shall not be issued or renewed; S. 37(h) amended by No. 10261 s. 17(5). (h) direct that a permit shall or shall not be issued subject to any specified terms or conditions; S. 37(i) amended by No. 37/2002 s. 6(2)(a). (i) in the case of an appeal under section 36B, confirm the fee or direct that the Authority re-calculate the fee and make any refund that is appropriate; S. 37(ia) inserted by No. 37/2002 s. 6(2)(b). (ia) in the case of an application under section 36BA, confirm, revoke or amend the notice as the Tribunal considers appropriate; S. 37(j) inserted by No. 20/1988 s. 9(6)(b), amended by No. 87/1989 s. 10(k). (j) in the case of an appeal under section 36C, amend or discharge a financial assurance. S. 37A inserted by No. 9/1987 s. 9(Sch. 3 item 5.14), substituted by No. 52/1998 s. 311(Sch. 1 item 27.18). 37A Matters Tribunal must take into account In determining an application for review or a declaration under this Part the Tribunal must— (a) take into account any relevant planning scheme; and
S. 39(4) amended by No. 81/1989 s. 3(Sch. item 12.4). (4) A person shall not cause or permit waste to be discharged or deposited onto the dry bed of any waterway in circumstances where if the waterway had contained waters the discharge or deposit would be likely to result in those waters being polluted. S. 39(5) amended by Nos 86/1990 s. 5(a)(b), 49/2000 s. 3(15)(Sch. item (11) (a)–(c)). s. 39 (5) A person who contravenes any of the provisions of this section shall be guilty of an indictable offence against this Act and liable to a penalty of not more than 2400 penalty units and in the case of a continuing offence to a daily penalty of not more than 1200 penalty units for each day the offence continues after conviction or after service by the Authority of notice of contravention of this section. _______________ S. 40 amended by No. 37/2002 s. 11(q). 40 Discharges etc. to comply with policy s. 40 The discharge or emission of wastes into the atmosphere shall at all times be in accordance with declared State environment protection policy or waste management policy specifying acceptable conditions for discharging or emitting wastes into the atmosphere and shall comply with any standards prescribed therefor under this Act. S. 41 amended by No. 9803 s. 3(a)(b), substituted by No. 10092 s. 14. 41 Pollution of atmosphere S. 41(1) amended by No. 20/1988 s. 7(d). (1) A person shall not pollute the atmosphere so that the condition of the atmosphere is so changed as to make or be reasonably expected to make the atmosphere—
S. 42(2) amended by Nos 87/1989 s. 30(c), 49/2000 s. 29(a). (2) A person who constructs, manufactures, assembles, sells, installs or offers to install any machinery, facility, vehicle or ship required by or under this Act to be fitted or equipped with any device or equipment so as to prevent or minimize pollution of the atmosphere without the machinery, facility, vehicle or ship being so fitted or equipped shall be guilty of an offence. S. 42(2A) inserted by No. 10037 s. 4, amended by No. 87/1989 s. 30(a). (2A) A person who constructs, manufactures, assembles or sells a vehicle which— (a) is not constructed; or (b) is not labelled— in the prescribed manner shall be guilty of an offence. S. 42(2B) inserted by No. 10037 s. 4, amended by No. 87/1989 s. 30(b). (2B) A person who sells a vehicle which has not been kept, maintained and adjusted in the prescribed manner shall be guilty of an offence. S. 42(3) amended by No. 87/1989 s. 30(d). (3) A person who in any locality in which the use of any chemical substance or fuel is prohibited by or under this Act sells the chemical substance or fuel shall be guilty of an offence. S. 42A inserted by No. 9760 s. 2. 42A Prohibition of sale or offering for sale of petrol containing excess lead S. 42A(1) substituted by No. 87/1989 s. 31. s. 42A (1) In this section and section 42B, petrol includes any liquid fuel or mixtures of fuels of a kind used in internal combustion spark ignition engines. (2) For the purposes of this section the mass of lead contained in a specified volume of petrol may be determined by reference to the mass of lead present as a constituent of a compound contained in that volume.
S. 42A(5) substituted by No. 20/1994 s. 15(2). (5) A person who purchases petrol for resale may demand from the vendor a warranty in writing that the petrol so purchased complies with the relevant requirements that apply under subsection (3). s. 42A (6) A vendor who refuses to furnish a purchaser with such a warranty as is mentioned in subsection (5) shall be guilty of an offence. S. 42A(7) amended by No. 68/2009 s. 97(Sch. item 50.6). (7) If the accused in any proceedings for an offence under subsection (3) proves to the satisfaction of the court— (a) that he purchased the petrol in question with such a warranty as is mentioned in subsection (5); and S. 42A(7)(b) amended by No. 87/1989 s. 30(e). (b) that he sold the petrol in question in the same state as when he purchased it— he shall be discharged from the prosecution. S. 42A(8) amended by Nos 87/1989 s. 30(e), 68/2009 s. 97(Sch. item 50.7). (8) Where an accused has been discharged from a prosecution pursuant to subsection (7) then a prosecution may within 90 days after the discharge of the accused be instituted against the person from whom the accused purchased the petrol in question and for the purposes of that prosecution such person shall be deemed to have sold the petrol in question. S. 42A(9) amended by Nos 57/1989 s. 3(Sch. item 64.2), 68/2009 s. 97(Sch. item 50.8). (9) A warranty shall not be available as a defence to a prosecution for an offence under subsection (3) unless the accused has within seven days after service of the summons to answer to the charge sent to the informant a copy of the warranty together with a written notice stating that he intends to rely on the warranty and specifying the name and address of the person from whom he
(ii) the breakdown of a petrol delivery vehicle; S. 42B(7)(b) amended by No. 68/2009 s. 97(Sch. item 50.9). (b) that not less than 48 hours before the alleged offence the accused had ordered the supply of unleaded petrol and— S. 42B(7)(b)(i) amended by No. 68/2009 s. 97(Sch. item 50.9). (i) at the time of the order the accused had a reasonable expectation that delivery would be made; S. 42B(7)(b)(ii) amended by No. 68/2009 s. 97(Sch. item 50.9). (ii) if the petrol ordered had been supplied within 48 hours of the making of the order the accused would, in the usual course of events, have been able to comply with the request; and (iii) delivery was not made; S. 42B(7)(c) amended by No. 68/2009 s. 97(Sch. item 50.9). (c) that a malfunction in the petrol pump or petrol storage system prevented the accused from complying with the request, and that the accused had taken all reasonable steps to ensure the malfunction was repaired; S. 42B(7)(d) amended by No. 68/2009 s. 97(Sch. item 50.9). (d) that the accused had taken all reasonable steps to comply with the request, but was prevented, by circumstances over which the accused had no control, from doing so; or S. 42B(7)(e) amended by No. 68/2009 s. 97(Sch. item 50.9). (e) that due to— (i) the nature of the request; or (ii) the nature, character or actions of the person making the request— it was reasonable in all the circumstances for the accused to refuse or fail to comply with the request— the accused shall be discharged from the prosecution.
S. 47A inserted by No. 10092 s. 11(3) (as amended by No. 10160 s. 7(3)), amended by Nos 87/1989 ss 7(b), 10(e) (i)(ii)(g) (as amended by No. 86/1990 s. 13(2)(b)), 23(e), 36, 20/1988 s. 11(b)(i)(ii), 86/1990 s. 5(e)(f), repealed by No. 49/2000 s. 11(6). * * * * * 48 Objectionable noise an offence S. 48(1) amended by No. 49/2000 s. 3(15)(Sch. item (14)). s. 48 (1) Any person who emits or causes or suffers to be emitted objectionable noise within the meaning of the regulations shall be guilty of an indictable offence. S. 48(2) repealed by No. 9207 s. 5(2). * * * * * S. 48(3) amended by Nos 9758 s. 5(a)(b), 10092 s. 29(3)(a), 87/1989 s. 7(h), 86/1990 s. 5(a)(b), 49/2000 s. 3(15)(Sch. item (15)(a) (b)), 68/2009 s. 97(Sch. item 50.16). (3) Any person who contravenes any of the provisions of this section shall be liable to a penalty of not more than 2400 penalty units and in the case of a continuing offence to a daily penalty of not more than 1200 penalty units for each day the offence continues after conviction or after service by the Authority on the accused of notice of contravention of the provisions of this section (whichever is the earlier).
(b) any new which when operated under specified test conditions emits noise which is not in accordance with any noise emission standard prescribed for the purposes of this section for such tool machine equipment or vehicle shall be guilty of an offence. S. 48D(3) substituted by No. 10092 s. 17(1)(c), amended by Nos 10261 s. 22(b), 87/1989 s. 30(h). (3) The occupier of any premises upon which there is sold to members of the public any equipment, facility, instrument, device or any new vehicle required by this Act— (a) to be fitted or equipped with any device or equipment so as to prevent or minimize the emission of noise; or S. 48D(3)(b) amended by No. 10261 s. 22(a). s. 48D (b) to be fitted or packaged with a prescribed plate, label or other marking stating such information as is prescribed— without the equipment, facility, instrument, device or new vehicle being so fitted, packaged or equipped shall be guilty of an offence. S. 48D(3A) inserted by No. 10092 s. 17(1)(c), amended by No. 87/1989 s. 30(h). (3A) The occupier of any premises upon which any noise control device is sold which when fitted to a vehicle in accordance with the fitting instructions still leaves the vehicle capable of emitting noise that does not comply with the standard prescribed shall be guilty of an offence.
S. 50AH inserted by No. 61/2006 s. 42. 50AH Conditions of appointment of directors s. 50AH (1) A director— (a) holds office for the period specified in the instrument of appointment, which must be a period of not more than 4 years; (b) holds office on the terms and conditions determined by the Governor in Council; (c) may be re-appointed; (d) may resign from office by delivering a signed letter of resignation to the Governor in Council; (e) may be removed from office at any time by the Governor in Council. (2) The Governor in Council must remove a director from office if the director— S. 50AH(2)(a) amended by No. 4/2008 s. 32(Sch. item 8.4). (a) becomes an insolvent under administration; or (b) is convicted of an indictable offence or is imprisoned for any offence; or (c) fails to comply with section 50AJ. S. 50AI inserted by No. 61/2006 s. 42. 50AI Meetings s. 50AI (1) A meeting of the Metropolitan Waste Management Group is to be presided over by— (a) the Chairperson; or (b) in the absence of the Chairperson, the Deputy Chairperson; or
S. 50R(3)(i) amended by No. 37/2002 s. 11(s). (i) a list of all the equipment and facilities which are, or will be, necessary for the maintenance of the operating standards required by any relevant State environment protection policy or waste management policy; S. 50R(3)(j) amended by No. 37/2002 s. 11(s). (j) a program for upgrading existing landfill sites to meet the requirements of any relevant State environment protection policy or waste management policy. S. 50R(4) substituted by No. 65/1996 s. 12(3). (4) A plan must not conflict with any relevant— (a) State environment protection policy; or S. 50R(4)(b) amended by No. 37/2002 s. 11(n). (b) waste management policy; or s. 50R S. 50R(4)(c) amended by Nos 37/2002 s. 27(2), 65/2005 s. 23(3). (c) waste management strategy published by Sustainability Victoria; or S. 50R(4)(d) inserted by No. 37/2002 s. 27(2). (d) solid industrial waste management plan. (5) If the Authority is not satisfied with the draft plan submitted by a group, the group must submit a revised draft plan to the Authority containing the changes specified by the Authority within 6 months of the Authority giving it written notice of the changes. (6) If a waste management region is entirely within a single municipal district, the council of that district must comply with this section within
S. 50SA(1) amended by Nos 37/2002 s. 37(a), 61/2006 s. 28. (1) This section applies if waste is removed from a scheduled premises prescribed as a scheduled premises required to pay the landfill levy to enable it to be recycled, reprocessed, recovered or purified by an operation separate from that which produced it. (2) The holder of the licence in respect of the premises is entitled to a rebate for each tonne of that waste that is removed from the premises within 12 months of being deposited at the premises. (3) The amount of the rebate is the amount of the landfill levy that applies to a tonne of waste deposited at the premises at the time the waste is removed from the premises. S. 50SAA inserted by No. 2/1999 s. 7. 50SAA Rebate for recycled prescribed industrial waste (1) This section applies if prescribed industrial waste is removed from premises licensed to be used for the discharge or deposit to land of the waste to enable it to be recycled, reprocessed, recovered or purified by an operation separate from that which produced it. S. 50SAA(2) amended by No. 37/2002 s. 33(1). (2) The holder of the licence in respect of the premises is entitled to a rebate of any landfill levy paid under section 50S(2) for each tonne of that waste that is removed from the premises within 3 years after being deposited at the premises. (3) The amount of the rebate is the amount of the landfill levy that was paid in respect of a tonne of prescribed industrial waste at the time the waste was deposited at the premises. S. 50SAB inserted by No. 49/2000 s. 20. 50SAB Rebate for cover material s. 50SAB
Pt 9 Div. 7 (Heading and ss 52A–52E) inserted by No. 53/1992 s. 4, amended by Nos 20/1994 s. 17(d), 99/1994 s. 30(5)(6), 65/1996 ss 20, 21, 24(2)(b), 2/1999 s. 14(1)(a)(b), repealed by No. 37/2002 s. 35(1)(a). * * * * * s. 52A _______________ Pt 9A (Heading and ss 53A, 53B) inserted by No. 10092 s. 19 (as amended by No. 10160 s. 9), substituted as Pt 9A (Heading and ss 53A–53I) by No. 10261 s. 23. New s. 53 inserted by No. 2/1999 s. 16. 53 Exemptions s. 53 Without limiting the powers of the Authority under this Act, the Authority may exempt a person from the requirement to hold a permit under this Part if the Authority is satisfied that the person holds a valid authorisation to transport prescribed waste under the law of another State or Territory. S. 53A substituted by No. 10261 s. 23. 53A Permit required
S. 53A(1) amended by No. 2/1999 s. 15(a). (1) A person must not commence or conduct any business— (a) the purpose of which is to transport prescribed waste; or (b) the operation of which includes the transport of prescribed waste— on a highway unless there is in force a permit to transport prescribed waste. S. 53A(2) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 37.8), 2/1999 s. 15(b)(i)(ii). (2) Any public authority including any municipal council and any regional waste management group established under Part IX which performs as one of its functions the transport of prescribed industrial waste must obtain a permit to transport prescribed industrial waste. S. 53A(3) amended by Nos 86/1990 s. 5(a)(b), 49/2000 s. 3(15)(Sch. item (26) (a)–(c)), 68/2009 s. 97(Sch. item 50.18). (3) Any person who or public authority which contravenes this section is guilty of an indictable offence against this Act and liable to a penalty of not more than 2400 penalty units and in the case of a continuing offence to a daily penalty of not more than 1200 penalty units for each day the offence continues after conviction or after service by the Authority on the accused of notice of contravention of this section.
S. 53B substituted by No. 10261 s. 23, amended by Nos 20/1988 s. 9(3), 87/1989 ss 14(a), 39, substituted by No. 2/1999 s. 17 (as amended by No. 49/2000 s. 8(2)(3)). 53B Obligation of consignor of waste s. 53B (1) A person must not cause or permit any prescribed waste or prescribed industrial waste to be transported on a highway from any premises or place owned or occupied by that person unless the vehicle used to transport the waste— (a) is authorised by a permit to transport prescribed industrial waste; or (b) the vehicle is exempted by the regulations from the requirement to be authorised by a permit to transport that waste. (1A) A person who contravenes subsection (1) is guilty of an indictable offence. 2400 penalty units. (2) It is a defence to a charge brought under subsection (1) if the person charged establishes that the person used all due diligence to prevent the contravention. S. 53C inserted by No. 10261 s. 23, amended by No. 87/1989 s. 14(b)(c), substituted by No. 2/1999 s. 17 (as amended by No. 49/2000 s. 8(2)(4) (ILA s. 39B(1)). 53C Obligation to record and notify s. 53C (1) A person who does all or any of the following— (a) causes or permits prescribed industrial waste to be transported from any premises or place occupied by that person; or (b) transports on a highway any prescribed industrial waste; or (c) receives prescribed industrial waste at any premises or place— must comply with any of the regulations applying to that person which require the identification of the waste, the making and keeping of records about the waste or the movement of the waste, the
(i) that does not meet a specified standard of environmental performance, or that emits waste in excess of a specified amount or concentration; or (ii) that is not labelled in accordance with a regulation made under paragraph (a); (c) regulating the installation of any appliance, product or thing that is capable of emitting waste. (2) Section 71 applies to regulations made under this section. S. 53Q inserted by No. 49/2000 s. 22, amended by No. 68/2009 s. 97(Sch. item 50.19). 53Q Offence to fail to comply with regulations s. 53Q A person who supplies any appliance, product or thing contrary to any regulation made under section 53P is guilty of an indictable offence. 2400 penalty units, plus in the case of a continuing offence, 1200 penalty units for each day the offence continues after conviction or after service by the Authority on the accused of notice of contravention of this section (whichever is the earlier). _______________ Pt 9D (Heading and ss 53R–53ZE) inserted by No. 7/2001 s. 12.
S. 54(2) amended by Nos 9758 s. 9, 87/1989 s. 7(j), 49/2000 s. 3(15)(Sch. item (30)). (2) Any person who contravenes any requirement made under this section shall be guilty of an offence. 120 penalty units. (3) Any information furnished or statement made to the Authority pursuant to any requirement made under subsection (1) shall not if the person furnishing the information or making the statement objects, at the time of furnishing the information or statement, to doing so on the ground that it might tend to incriminate him, be admissible in evidence upon any proceedings against that person for an offence except the offence of refusing or failing to comply with the requirements of a notice given under this section. (4) Nothing in this section shall prevent any such requirement being made at intervals of not less than fourteen days and the penalty prescribed being incurred with respect to refusal or failure to furnish information or to make a statement with respect to each such requirement. S. 54(5) inserted by No. 87/1989 s. 40(2), amended by No. 49/2000 s. 29(c). (5) Without limiting subsection (1) the occupier of any premises or the person in charge of a motor vehicle or ship from which any prescribed substance is accidentally discharged or emitted which could cause an environmental hazard must submit the prescribed information to the Authority without undue delay. S. 54A inserted by No. 9803 s. 6. s. 54A 54A Furnishing of information relating to emission of wastes or noise from motor vehicles
Pt 10 Div. 2 (Heading) inserted by No. 49/2000 s. 23(b). Division 2—Powers of the Authority and authorized officers s. 54F 55 Powers etc. of authorized officers S. 55(1) amended by Nos 8277 s. 9, 8823 s. 4(a)–(d), 9207 s. 9(1), substituted by No. 10092 s. 21(a). (1) An authorized officer may with such assistance as the authorized officer may require enter— S. 55(1)(a) amended by Nos 10261 s. 25(1)(a), 61/2006 s. 37(1). (a) at any time, any premises used to store, reprocess, treat or otherwise handle industrial waste or used as a factory or any premises in which an industry or trade is being carried on or any premises at which a scheduled activity is being undertaken; or (b) at any reasonable time, any other premises from or on which any waste or pollutant is or is likely to be discharged or deposited or from which noise is or is likely to be emitted— and may therein do any act or thing, including the taking and removal of samples, which in the opinion of the authorized officer is necessary to be done for the purposes specified in subsection (1A). S. 55(1A) inserted by No. 10092 s. 21(a). (1A) The purposes referred to in subsection (1) are as follows— S. 55(1A)(a) amended by Nos 10261 s. 25(1)(b), 37/2002 s. 11(n). (a) the prescribing of any matter under this Act or for any State environment protection policy or waste management policy; s. 55
S. 57AA inserted by No. 87/1989 s. 48, amended by Nos 20/1994 s. 16(1)(2), 49/2000 s. 3(11)(12) (15)(Sch. item (37), repealed by No. 7/2001 s. 13(2). * * * * * S. 57A inserted by No. 9207 s. 12, substituted by Nos 10092 s. 22(1), 10261 s. 29(2). 57A Reports and certificates s. 57A (1) Where an analyst carries out an analysis the analyst may prepare and sign a certificate in writing of the analysis. (2) Where an authorized officer— S. 57A(2)(a) amended by No. 22/1987 s. 17. (a) takes any measurement, recording or sample or makes any inspection calculation or test for the purposes of this Act; (b) analyses recordings of noise emissions; or (c) inspects and evaluates the records of monitoring and other equipment and installations for the purposes of this Act— the authorized officer may prepare and sign a report in writing in relation thereto. (3) In the course of inspecting monitoring and other equipment and installations the authorized officer must report in writing to the Authority or a protection agency as the case requires— (a) upon offences against this Act detected and recorded by the monitoring or other equipment or installations; and (b) stating the information supplied by that equipment or those installations and the officer's evaluation of that information.
(d) a substantial risk of a serious threat to public health— is guilty of an indictable offence. In the case of an individual, a fine of 2500 penalty units or 7 years imprisonment or both. In the case of a body corporate, a fine of 10 000 penalty units. S. 60 amended by Nos 9758 s. 12, 86/1990 s. 5(a), substituted by No. 53/1992 s. 7. 60 Disclosure of information an offence s. 60 S. 60(1) amended by No. 49/2000 s. 3(13). (1) A person must not disclose any trade secret, or information about another person's method of operation, manufacturing process, profits or financial position, or any other commercially sensitive information, obtained during the course of the person's duties under this Act. S. 60(2) amended by No. 49/2000 s. 3(13). (2) A person must not use any such information or trade secret to obtain directly or indirectly any pecuniary or other advantage for himself or herself or for any other person. (3) However, the person may disclose or use such information if— (a) the disclosure or use is made in the performance of a duty under, or in connection with, this Act; or S. 60(3)(ab) inserted by No. 82/2012 s. 176. (ab) the disclosure is for the purposes of a notification under section 54C, consultation under section 54D or 54F or the provision or disclosure of information under section 54E.
(b) sending it by post to the person at that person's usual or last known residential or business address; (c) leaving it at that person's usual or last known residential address with a person on the premises who is apparently at least sixteen years old; or (d) leaving it at that person's usual or last known business address with a person who is apparently employed at the premises and is apparently at least sixteen years old. S. 61(1A) inserted by No. 10092 s. 24(1), amended by Nos 65/1996 s. 30(1)(g), 44/2001 s. 3(Sch. item 37.4). (1A) The provisions of this section are in addition to and not in derogation from the provisions of sections 109X and 601CX of the Corporations Act. s. 61 S. 61(1B) inserted by No. 22/1987 s. 19. (1B) Without affecting subsection (1), in the absence of any circumstances making it appear that an alleged offender resides or (as the case may be) carries on business elsewhere— (a) in the case of an alleged offence arising out of the driving or use of a motor vehicle—the address appearing as the alleged offender's address in the licence to drive (if any) produced by the alleged offender at the time of the alleged offence or upon the investigation of the alleged offence; and S. 61(1B)(b) amended by Nos 49/2000 s. 27(d), 65/2010 s. 420(Sch. 3 item 6.6), substituted by No. 36/2013 s. 81. (b) in the case of an offence alleged against the registered owner of a motor vehicle—the address appearing as the address of the owner in the certificate of registration of the motor vehicle for the time being in force under the Road Safety Act 1986 or under any corresponding Act or law of a State or Territory of the Commonwealth; and
S. 61(3) inserted by No. 9098 s. 16(a), amended by Nos 10160 s. 4(s), 52/1988 s. 161(Sch. 6 item 2.4), 82/1995 s. 203. (3) In this section agent of a ship means any person who, within , on behalf of the owner of the ship, undertakes or performs the functions of ship's husbandry or makes any arrangements for or in connexion with the repair or berthing of the ship or the carriage loading or unloading of cargo stores or bunkers thereon or therefrom. S. 61(4) inserted by No. 10261 s. 33. (4) A person who gives or serves any notice under this Act may instead of attending at any proceedings under this Act make an affidavit endorsed on, or attached to and identifying the original notice stating the time and manner in which the true copy of the notice was given or served and must transmit the original notice for production at the proceedings. S. 61(5) inserted by No. 10261 s. 33. (5) A document purporting to be an affidavit under subsection (4) is to be received in any proceedings as prima facie evidence of the statements contained therein. S. 61A inserted by No. 87/1989 s. 57. 61A Effect of notice of amendment which reprint document amended s. 61A If an amendment to a document or record is made by way of a notice which republishes the document or record with the amendment incorporated, the republication is not an issue or re-issue of the document or record.
S. 62(7) inserted by No. 20/1988 s. 19, amended by Nos 18/1989 s. 13(Sch. 2 item 28(b)), 86/1990 s. 13(1)(c), substituted by No. 85/1998 s. 24(Sch. item 21.3). (7) Despite subsection (3), if the property charged is land, the charge does not take effect until the Registrar of Titles makes a recording of the charge in the Register. S. 62(8) inserted by No. 20/1988 s. 19, amended by No. 85/1998 s. 24(Sch. item 21.4). (8) If the property charged is land and the amount due for costs is paid or recovered, the Authority must inform the Registrar of Titles in writing that the charge no longer applies. S. 62(9) inserted by No. 20/1988 s. 19, amended by No. 18/1989 s. 13(Sch. 2 item 28(c)), substituted by No. 85/1998 s. 24(Sch. item 21.5). (9) The Registrar of Titles must delete the recording of the charge from the Register or make a recording in the Register of the payment or recovery of the charge. s. 62 S. 62(10) inserted by No. 20/1988 s. 19. (10) If— (a) a charge under this section has existed for at least 12 months; and (b) an amount is still owing under the charge— the Authority may serve a notice of intention to sell the property. S. 62(11) inserted by No. 20/1988 s. 19. (11) A notice must— (a) be in writing; and (b) be served by— (i) displaying a copy of the notice on the property (if this is possible); and
competent jurisdiction as a debt due to the Authority and when recovered must be paid into the Consolidated Fund. (4) No matter or thing done by an authorized officer or by any person under a direction given by an authorized officer shall, if the matter or thing was done in good faith in the exercise of the power conferred by this section on an authorized officer, subject the authorized officer or that person personally to any action, liability, claim or demand whatsoever. S. 62B(5) amended by Nos 87/1989 s. 7(i)(i)(ii), 86/1990 s. 5(a), 49/2000 s. 3(15)(Sch. item (42) (a)(b)). (5) Any person who contravenes without reasonable cause a direction given by an authorized officer under subsection (1) shall be guilty of an indictable offence against this Act. 2400 penalty units. S. 62C inserted by No. 20/1988 s. 21(3). 62C Presumption that occupier caused discharge etc. s. 62C If any segment or element of the environment is polluted as a result of a discharge, emission or deposit of any substance from or on any premises on which there is conducted any commercial or industrial undertaking, the occupier of the premises is deemed to have polluted that segment or element of the environment unless the occupier proves that the discharge, emission or deposit was unrelated to the commercial or industrial undertaking.
S. 68A inserted by No. 10092 s. 29(2). 68A Power to delegate S. 68A(1) amended by Nos 10261 s. 37(1), 20/1988 s. 27(a). s. 68A (1) The Authority may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal, delegate to an officer or employee of or the holder of an office or position with the Authority all or any of its powers and functions under this Act or any other Act other than this power of delegation. S. 68A(2) amended by No. 10261 s. 37(1). (2) A protection agency to whom a power or function has been delegated under section 68 may, either generally or as otherwise provided by the instrument of delegation, by writing under seal, delegate to an officer or employee of or the holder of an office or position with the protection agency all or any of the powers and functions delegated to the protection agency. S. 68B inserted by No. 10092 s. 29(2). 68B Provisions applicable to delegations (1) The provisions of this section shall apply in respect of any delegation made under section 68A. (2) The instrument of delegation shall specify the period of time during which the delegation of the power or function may be exercised or where the Authority or protection agency giving the delegation has resolved that the delegation shall be exercisable for an unlimited period of time, the instrument shall so specify. (3) The Authority or protection agency may— (a) revoke or vary the delegation by notice in writing under seal given to the delegate; and (b) give directions to the delegate with respect to the exercise of a power or the performance of a function delegated.
S. 70(6A) inserted by No. 7/2001 s. 13(4). (6A) Money paid into the Environment Protection Fund under subsection (3)(ac) is to be applied by the Authority for the purposes of Part IXD. S. 70(6B) inserted by No. 37/2002 s. 35(3). (6B) Money paid into the Environment Protection Fund under subsection (3)(aba) may only be applied in one or more of the following ways— s. 70 (a) in accordance with regulations specifying who the money is to be paid to, and how the amounts to be paid are to be calculated; S. 70(6B)(b) amended by No. 54/2010 s. 70(1). (b) with the consent of both the Premier and the Minister, for the purposes of fostering environmentally sustainable uses of resources and best practices in waste management to advance the social and economic development of Victoria; S. 70(6B)(c) inserted by No. 54/2010 s. 70(2). (c) with the consent of both the Premier and the Minister, for the purposes of fostering community action or innovation in relation to the reduction of greenhouse gas substance emissions or adaptation or adjustment to climate change in . S. 70(6C) inserted by No. 37/2002 s. 35(3), repealed by No. 54/2010 s. 70(3). * * * * * S. 70(7) inserted by No. 2/1999 s. 14(3). (7) There may be paid out of the Environment Protection Fund— S. 70(7)(a) amended by No. 37/2002 s. 35(1)(c). (a) any amount the Authority is required to pay to a person as a refund of any levy paid under Division 3 of Part IX; and
S. 71(1)(fab) inserted by No. 54/2010 s. 72. (fab) prohibiting or regulating the emission or discharge of greenhouse gas substances into the environment; S. 71(1)(fac) inserted by No. 54/2010 s. 72. (fac) prescribing standards for the emission or discharge of greenhouse gas substances into the environment, including emission intensity standards and maximum levels of emissions of greenhouse gas substances; S. 71(1)(fad) inserted by No. 54/2010 s. 72. (fad) prescribing the conditions under which greenhouse gas substances may be emitted or discharged into the environment; S. 71(1)(fb) inserted by No. 9207 s. 14(b), repealed by No. 10092 s. 30(b). * * * * * S. 71(1)(fc) inserted by No. 9207 s. 14(b), substituted by No. 10092 s. 30(c), amended by No. 30/1989 s. 5(b)(i)(ii). (fc) requiring any goods, equipment, facility, instrument, device, machinery, plant or vehicle or the packaging thereof to be fitted or marked with a plate, label or other marking and prescribing the manner in which the plate, label or other marking is to be fitted or marked; S. 71(1)(fca) inserted by No. 10037 s. 6(b). (fca) requiring the display in or upon, or the affixing to— (i) vehicles; or s. 71 (ii) equipment and fittings used for or in connexion with the dispensing of fuel— of plates, labels or markings to indicate that a vehicle, equipment or machinery is required to operate with, or to use, specified fuels, or to indicate that a vehicle, equipment or machinery complies with this Act or provisions of this Act, including prescribing the design, construction,
Assent Date: 9.5.78 Commencement Date: 1.8.78: Government Gazette 19.7.78 p. 2351 : All of Act in operation Environment Protection (Noise Control) Act 1978, No. 9207/1978 Assent Date: 5.12.78 Commencement Date: 4.5.81: Government Gazette 21.1.81 p. 197 : All of Act in operation Town and Country Planning (Amalgamation) Act 1980, No. 9425/1980 Assent Date: 20.5.80 Commencement Date: Pts 1, 2 on 30.6.80: Government Gazette 25.6.80 p. 2123; Pts 3, 4, 5 on 2.2.81: Government Gazette 30.1.81 p. 311 : All of Act in operation Statute Law Revision Act 1980, No. 9427/1980 Assent Date: 27.5.80 Commencement Date: 27.5.80: subject to s. 6(2) : All of Act in operation Planning Appeals Board Act 1980, No. 9512/1980 Assent Date: 23.12.80 Commencement Date: 1.12.81: Government Gazette 25.11.81 p. 3886 : All of Act in operation Endnotes Environment Protection (Clean Air) Act 1981, No. 9571/1981 Assent Date: 19.5.81 Commencement Date: 27.7.81: Government Gazette 1.7.81 p. 2083 : All of Act in operation Environment Protection (Licence Fees) Act 1981, No. 9623/1981 Assent Date: 8.12.81 Commencement Date: 1.1.82: Government Gazette 16.12.81 p. 4149 : All of Act in operation Environment Protection (Penalties) Act 1982, No. 9758/1982 Assent Date: 13.7.82 Commencement Date: 1.10.82: Government Gazette 22.9.82 p. 3121 : All of Act in operation Environment Protection (Lead in Petrol) Act 1982, No. 9760/1982 Assent Date: 13.7.82 Commencement Date: 13.7.82 : All of Act in operation Environment Protection (Air Pollution Control) Act 1982, No. 9803/1982 Assent Date: 23.11.82 Commencement Date: 8.12.82: Government Gazette 7.12.82 p. 399 : All of Act in operation Environment Protection (Amendment) Act 1983, No. 9988/1983
Assent Date: 18.6.13 Commencement Date: S. 81 on 1.7.13: Special Gazette (No. 226) 25.6.13 p. 1 : This information relates only to the provision/s amending the Environment Protection Act 1970 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Government Gazette 29 February 1996 page 506 Endnotes Government Gazette 7 March 1996 page 663 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes