Clean Air Act Amendment Act 1976 (No. 2) (Qld)

03 ANNO VICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 71 of 1976 An Act to amend the Clean Air Act 1963-1976 in certain particulars [ASSENTED TO 14TH DECEMBER, 1976] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same, as follows:- I. Short title and citation . (1) This Act may be cited as the Clean Air Act Amendment Act 1976 (No. 2). (2) The Clean Air Act 1963-1976 (being the Clean Air Act 1963-1972 as amended by the Clean Air Act Amendment Act1976) is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Clean Air Act 1963-1976.

864 CleanAir Act AmendmentAct (;Vo. 2) 1976, No 71 2. Amendment of s. 7 . Section 7 of the Principal Act is amended by, in the meaning of the term "Minister ", omitting the word " Health and substituting the words " Local Government and Main Roads ". 3. Amendment of s. 8 . Section 8 of the Principal Act is amended by-- (a) omitting the expression " (1) " where it occurs in subsection (1) immediately before the note to that subsection " The Air Pollution Council ." and inserting it immediately following that note; (b) omitting subsections (2), (3), (4) and (5) and substituting the following subsections:- (2) The Council shall consist of- (a) the Director of Air Pollution Control and the Director, Environmental Control Section, Co-ordinator-General's Department who shall be members ex officio; (b) one representative of each of the following departments of the Government of the State:- (i) Commercial and Industrial Development; (ii) Health; (iii) Local Government; (c) one representative of the departments of the Government of the State and statutory bodies within the administrative jurisdiction of the Minister for Transport nominated by that Minister; (d) two representatives of occupiers of scheduled premises, nominated by the Queensland Confederation of Industry Ltd.; (e) one representative of The Local Government Association of Queensland (Incorporated) nominated by the Executive of that Association; (f) one representative of the electricity industry nominated by the Minister for Mines and Energy; (g) one representative of the University of Queensland nominated by the Minister for Local Government and Main Roads from a panel of names furnished to him by the Senate of that University; (h) one representative of the public nominated by the Minister for Local Government and Main Roads. (3) The Director of Air Pollution Control shall be, ex officio, chairman of the Council. (4) (a) The Minister of the Crown in each case charged with the administration of a department referred to in subsection (2) (b), for the purposes of the constitution of the Council and as often as is necessary to ensure representation of the department at all times, shall nominate a person to be the department's representative on the Council. (b) The Minister for Transport, for the purposes of the constitution of the Council and as often as is necessary to ensure representation at all times of the departments and statutory bodies referred to in subsection (2) (c), shall nominate a person to be the representative of those departments and statutory bodies on the Council.

Clean Air Act AmendmentAct (Ao. 2) 1976, No. 71 S 65 (5) A Minister referred to in subsection (4) (a) may at any time revoke the nomination of the department's representative on the Council and, if he does so, shall nominate another person to be the department's representative in thy: stead of the previous representative, and the Minister for Transport may at any time revoke the nomination of the representative referred to in subsection (4) (b) on the Council and, if he does so, shall nominate another person to be the representative of the departments and statutory bodies referred to in subsection (2) (c) in the stead of the previous representative. (6) (a) Subject to paragraph (b), every person nominated to represent a department on the Council shall be nominated from within the department and shall continue to so represent the department until- (i) he ceases to be employed upon a full-time basis within the department; or (ii) the Minister in question nominates another person to be the department's representative in his stead, whichever event first occurs. (b) The person nominated pursuant to subsection (4) (b) to represent the departments and statutory bodies referred to in subsection (2) (c) on the Council shall be nominated from within one of the departments or one of the statutory bodies in question and shall continue to so represent the departments and statutory bodies until-- (i) he ceases to be employed upon a full-time basis within the department or by the statutory body; or (ii) the Minister for Transport nominates another person to be the representative of the departments and the statutory bodies in his stead, whichever event first occurs. (7) Upon the nomination of a department's representative or, as the case may be, the representative of the departments and statutory bodies referred to in subsection (2) (c) on the Council, the Minister of the Crown concerned, where he is not the Minister, shall give or cause to be given to the Minister notification of the representative's identity. (8) Each member of the Council referred to in paragraphs (d), (e), (f), (g) and (h) of subsection (2), who are hereafter in this Part referred to as appointed members, shall, subject to the provisions of this Act with respect to nomination, be appointed by the Governor in Council by notification published in the Gazette, and shall, subject to this Act- (a) hold office for a period of three years commencing on the date specified in that respect in the notification or, in the absence of such specification, on the date of publication in the Gazette of the notification; and (b) be eligible for re-appointment.". 4. New s. 8A. The Principal Act is amended by inserting after section 8 the following section:- " 8A. Procedure with respect to certain nominations and panel of names. (1) Nomination of the members of the Council referred to in paragraphs (d) and (e) of section 8 (2) shall be made

866 Clean Air Act AmendmentAct (No. 2) 1976, No. 71 within the time and in the manner determined by the Minister, and in default of either body in question making the nomination within such titne and in such manner, the Governor in Council may appoint the persons to the Council as the representatives referred to in section 8 (2) (d) or the person to the Council as the representative referred to in section 8 (2) (e), as the case may be, and each such person shall be deemed to have been nominated by the body in question within such time and in such manner as aforesaid. (2) (a) The Senate of the University of Queensland shall, for the purpose of enabling the Minister for Local Government and Main Roads to nominate a representative of the University of Queensland, furnish to that Minister a panel of not less than three names of persons each of whom appears to it to be suitable for selection as such representative within the time 'determined by that Minister who shall select from the panel one person as his nomination as the representative of the said University. (b) If the Senate does not furnish to the Minister for Local Government and Main Roads the panel of names referred to in paragraph (a) within the time referred to therein, that Minister may nominate, without reference to a panel, a person as the representative of the University of Queensland; and the person so nominated shall be deemed to have been selected by that Minister from a panel of names furnished to him by the Senate for the purpose in accordance with paragraph (a).". 5. New s. 8B. The Principal Act is amended by inserting after section 8A as inserted by this Act the following section:- " 8B. Filling of casual vacancies . (1) Where a vacancy occurs in the office of any of the appointed members, the Governor in Council may, subject to the requirements of this section, appoint another person as a member of the Council to hold office for the balance of his predecessor's term of office as a member. (2) Notification of the appointment to fill the casual vacancy shall be published in the Gazette and it shall be sufficient to specify in such notification the substituted member's period of office by reference to the term of office of his predecessor. (3) The person appointed to fill the casual vacancy shall be one who is representative of the like interest as his predecessor, and such appointment shall be made on the nomination of the person or body by whom or by which the nomination of the person whose office has been vacated was made, but subject to the provisions of section 8A.". 6. New s. 8C. The Principal Act is amended by inserting after section 8a as inserted by this Act the following section:- " 8C. Vacation of office by appointed member. (I) An appointed member shall be deemed to have vacated his office- (a) if he becomes bankrupt or compounds with his creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy;

Clean Air Act Amendment Act (No. 2) 1976, No. 771 X67 (b) if he is absent, except on leave granted by the Council (power to grant such leave being hereby given), from three consecutive ordinary meetings of the Council of which due notice has been given to him; (c) if he is convicted of an indictable offence or of an offence against this Act; (d) if he dies or becomes mentally ill; (e) if he resigns his office by writing under his hand delivered to the Minister (which resignation shall be complete and take effect from the time when it is received by the Minister); (f) if he is removed from office by the Governor in Council by notification published in the Gazette on the grounds of mental or physical incapacity to perform his duties or because of any conduct that, in the opinion of the Governor in Council, shows the member to be unfit to be a member of the Council. (2) The attendance of an appointed member at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting notwithstanding that by reason of no quorum being present no meeting is actually held on the day in question, and the secretary to the Council shall enter in the minute book the name of any appointed member who so attends.". 7. Provisions with respect to reconstitution of the Council. (1) The Governor in Council shall, by Order in Council, fix a date, in this section referred to as " the prescribed date ", for the commencement of sections 3, 4, 5 and 6, and those sections shall, subject to subsection (3) of this section, commence on the prescribed date. (2) The chairman and each other member of the Council holding office immediately prior to the prescribed date go out of office forthwith on the commencement of the prescribed date but, subject to the provisions of the Principal Act as amended by this Act, are eligible for membership of the Council as reconstituted on and from the prescribed date. (3) Notwithstanding subsection (1), the amendments of section 8 of the Principal Act made by this Act, and section 8A of the Principal Act inserted by this Act, shall come into operation on the passing of this Act for the purpose of the furnishing of a panel of names, the making of nominations and the making of appointments to the Council as reconstituted, for the purpose of the determining of the time within which and the manner in which nominations are to be made and the time within which a panel of names is to be furnished, and for the purpose of the doing of any other thing that is necessary or expedient to enable the Council to be reconstituted on and from the prescribed date. 8. Amendment of s. 9. Section 9 of the Principal Act is amended by, in subsection (1) (b), omitting the words "A majority of the number of members of the Council for the time being shall form " and substituting the words " Six members of the Council constitute ".

868 CleanAir Act AmendmentAct (No. 2) 1976, No. 71 9. Amendment of s. 28 . Section 28 of the Principal Act is amended by, in subsection (2), inserting after paragraph (c) the following paragraph:-- 66 (d) take such other action as, in the opinion of the Council, is necessary to prevent or minimize air pollution,". 10. Amendment of s. 32. Section 32 of the Principal Act is amended by, in subsection (1), inserting after paragraph (c) the following paragraph:- 1t (d) take such other action as, in the opinion of the Council, is necessary to prevent or minimize air pollution,". 11. Amendment of s. 34. Section 34 of the Principal Act is amended by omitting the word " secretary " and substituting the word " chairman ". 12. Amendment of s. 35. Section 35 of the Principal Act is amended by omitting the word " secretary " and substituting the word " chairman ". 13. Amendment of s. 36. Section 36 of the Principal Act is amended by- (a) in paragraph (c)- (i) omitting the word " disposal " occurring after the words " time or manner of " and substituting the word " burning "; (ii) omitting the words " disposal by "; (b) omitting the words " and discarded matter of any description." and substituting the words ", car bodies and the linings thereof, tyres and other parts of vehicles, and any discarded matter of any description.". by14. Amendment of s. 46. Section 46 of the Principal Act is amended - (a) in subsection (1) (e), inserting after the word " prohibition the words " or restriction "; (b) inserting after subsection (1) the following subsection:- "(I A) (a) Where- (i) the Governor in Council by order pursuant to section 36 (c) prohibits or restricts, by reference to time or manner of burning or quantity or type of waste, the burning on any premises of all waste or of such waste as is specified in the order within such area as is specified in the order; and (ii) a burning of waste occurs on any premises within such area contrary in any respect to the prohibition or restriction contained in the order, the occupier of the premises concerned is guilty of an offence against this Act and is liable to a penalty as set out in subsection (3A) with respect to the offences therein referred to unless he proves that the burning of the waste was caused by a happening not foreseen by him and not reasonably foreseeable or avoidable and that all reasonable steps were taken immediately on discovery of the burning for its extinguishment.

Clean Air Act AmendmentAct (No. 2) 1976, No. 7, 869 (b) For the purposes of this subsection and any proceeding hereunder, the presence of smoke apparently arising from waste on premises is sufficient evidence that such waste is burning. (c) In this subsection the expression " waste " has the same meaning that it has in section 36."; (c) in subsection (3A) (a), inserting after the word prohibition the words " or restriction ".