Clean Air Act Amendment Act 1981 (Qld)

597 /link kvnee tsslanb ANNO TRICESIMO ELIZABETHAE SECUNDAE REGINAE No. 73 of 1981 An Act to amend the Clean Air Act 1963-1978 in certain particulars [ASSENTED TO 7TH OCTOBER, 1981]

598 Clean Air Act Amendment Act 1981, No. 73 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:- 1. Short title and citation . (1) This Act may be cited as the Clean Air Act Amendment Act 1981. (2) In this Act the Clean Air Act 1963-1978 is referred to as the Principal Act. (3) The Principal Act as am.-nded by this Act may be cited as the Clean Air Act 1963-1981. 2. Amendment of s. 7. Interpretation . Section 7 of the Principal Act is amended by in subsection (1)- (a) in the definition "Approved equipment " omitting the words " resulting from such combustion " and substituting the words " coming from any source "; (b) omitting the definition " Dark smoke " and substituting the following definition:- " " Dark smoke "-Smoke- (a) in relation to an approval under section 27, a notice under section 28 or 32 or a license under this Act-which by a method prescribed in a condition of that approval or license or a requirement of that notice is ascertained to be smoke which is dark smoke within a meaning prescribed in that condition or requirement; or (b) in a case where the method and meaning referred to in paragraph (a) are not prescribed in a condition or requirement referred to in that paragraph and in every other case- which by a method prescribed by the regulations is ascertained to be smoke which is dark smoke within a meaning prescribed by the regulations;"; (c) omitting the definition " Minister " and substituting the following definition:- " " Minister "-includes a Minister of the Crown who is temporarily performing the duties of the Minister;"; and (d) in the definition " Premises " inserting after the word " tenure," the words " any mobile or transportable industrial plant ". 3. Amendment of s. 8. The Air Pollution Council. Section 8 of the Principal Act is amended by in subsection (2) omitting paragraphs (g) and (h) and substituting the following paragraphs:- "(g) one representative of the University of Queensland nominated by the Senate of the university; (h) two representatives of the public nominated by the Minister.". 4. Amendment of s. 8A. Procedure with respect to certain nominations and panel of names. Section 8A of the Principal Act is amended by- (a) omitting the expression "(1)";

Clean Air Act Amendment Act 1981, No. 73 599 (b) omitting the expression " and (e) " and substituting the expression ", (e) and (g) "; (c) omitting the expression " 8 (2) (e)," and substituting the expression " 8 (2) (e) or (g),"; and (d) omitting subsection (2). 5. Amendment of s. 13. Functions of Council . Section 13 of the Principal Act is amended by- (a) in subsection (1) omitting paragraph (b) and substituting the following paragraph:- "(b) to make recommendations to the Minister as to abating the pollution of the air by emissions coming from any source."; (b) in subsection (2)- (i) adding at the end of paragraph (b) the words ", Proclamation or Order in Council "; and (ii) adding at the end of paragraph (d) the words " and the preservation and enhancement of the quality of the air "; and (c) in subsection (3) adding at the end of paragraph (b) the words ", Proclamation or Order in Council ". 6. New s. 14A. The Principal Act is amended by inserting after section 14 the following section:- " 14A. Delegation by Council. (1) The Council, with the prior approval of the Minister, may delegate to the chairman or the Director or any other member the exercise or performance of such powers (other than this power of delegation), functions, authorities or duties conferred or imposed on the Council by or under this or any other Act as may be specified in the instrument of delegation. (2) A function, authority, power or duty, the exercise or performance of which has been delegated under this section may, while the delegation remains unrevoked, be exercised or performed from time to time in accordance with the terms of the delegation by the delegate to whom the exercise or performance thereof has been delegated. (3) A delegation under this section may be made subject to such conditions or such limitations as to the exercise or performance of any of the functions, authorities, powers or duties delegated or as to time or circumstances as may be specified in the instrument of delegation. (4) Notwithstanding any delegation made under this section, the Council may continue to exercise or perform all or any of the functions, authorities, powers or duties delegated. (5) Any act or thing done or suffered by a delegate while acting in the exercise of a delegation under this section shall have the same force and effect as if the act or thing had been done or suffered by the Council.

600 Clean Air Act Amendment Act 1981, No. 73 (6) Details of any act or thing done or suffered by a delegate while acting in the exercise of a delegation under this section shall be tabled by him at the next meeting of the Council at which he is present.". 7. Amendment of s. 19. Licenses . Section 19 of the Principal Act is amended by in subsection (2)- (a) omitting paragraph (a) and substituting the following paragraph:- (a) may grant or refuse or grant subject to such conditions (if any) as it sees fit, an application for a license or for a renewal or transfer thereof and if it grants such application subject to conditions, such conditions shall be attached to the license; (b) omitting paragraph (c); (c) omitting from the paragraph immediately following paragraph (c) the words "In any case to which this paragraph (c) applies the- and substituting the word " The "; and (d) in paragraph (i)- (i) in subparagraph (b) inserting after the word " equipment " the words " and maintain facilities for taking samples of emissions "; and (ii) adding after subparagraph (e) the following subparagraph- (f) to operate or cause to be operated any equipment in or on such premises so as not to exceed the emission limits set forth in such conditions; ". 8. New s. 19A. The Principal Act is amended by inserting after section 19 the following section:- 19A. Commissioner for Railways. (1) Notwithstanding any other provision of this Division where an application is made to the Council by the Commissioner for Railways for the issue of a license or for any renewal thereof in respect of all or any of the scheduled premises occupied by him and the Council determines to grant a license or a renewal thereof in respect of all or any such premises then the Council may grant a single license or renewal thereof covering all or any of the scheduled premises in respect of which the application was made. (2) The fee payable by the Commissioner for Railways for a license or any renewal thereof shall be such amount as is prescribed.". 9. Amendment of s. 23. Fees . Section 23 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the word "The" in the first paragraph and substituting the expression " Subject to section 19A (2) the "; and (ii) omitting the expression " $4 000 " and substituting the expression " $10 000 "; (b) omitting subsections (4) and (6); and ( c) renumbering subsection (5) as subsection (4).

Clean Air Act Amendment Act 1981, No. 73 601 10. Amendment of s. 27. Certain work not to be carried out on scheduled premises without the approval of the Council . Section 27 of the Principal Act is amended by- (a) in subsection (3) omitting paragraphs (b) and (c) and substituting the following paragraph:- V " (b) in any case to which paragraph (a) or (b) of subsection (2) applies-details of the trade, industry or process proposed to be carried on in or on the premises or proposed premises, together with details of the methods intended to be adopted so as to control air pollution from such premises."; and (b) inserting after subsection (5) the following subsection:- (6) An approval given pursuant to this section shall be valid for a period of two years from the date of the giving thereof or for such longer period as is approved by the Council.". 11. New ss. 29A and 29B. The Principal Act is amended by inserting after section 29 the following sections:- " 29A. Occupiers to maintain and operate equipment . The occupier of any premises shall maintain any fuel burning equipment and any control equipment installed in or on such premises in an efficient condition, and shall operate all such equipment in a proper and efficient manner. 29B. Provision of chimneys . (1) Where the Council is satisfied that there is in or on any premises any industrial plant or fuel burning equipment which is emitting air impurities into the air, then the Council may direct the occupier of those premises to provide one or more chimneys for use in connexion with that plant or equipment which, in the opinion of the Council, are of such a height as will ensure that the impurities are properly dispersed and the occupier shall comply with that direction. (2) A direction given pursuant to subsection (1) may specify the period within which it is to be complied with.". 12. Amendment of s. 37. Power to prohibit trades, industries, processes , etc. in certain circumstances . Section 37 of the Principal Act is amended by omitting the words " public health " and substituting the words " the health of any person or to the environment ". 13. New s. 37A. The Principal Act is amended by inserting after section 37 the following section:- " 37A. Minister 's emergency powers. (1) Notwithstanding any other provision of this Act, the Minister may, in circumstances that he considers constitute an emergency, by notice in writing served on any person and for a time specified in such notice- (a) authorize that person, subject to such conditions as may be specified in the notice, to discharge into the air such air impurities as are specified in the notice; 20-8098

602 Clean Air Act Amendment Act 1981, No. 73 (b) prohibit that person from discharging into the air, whether or not that person is the holder of a license or is otherwise authorized under this Act, such air impurities as are specified in the notice either wholly or otherwise than in accordance with such conditions as are specified in the notice. (2) A person who discharges air impurities into the air in accordance with subsection (1) shall not be guilty of an offence against this Act solely by reason of such discharge. (3) A person who discharges air impurities into the air in contravention of subsection (1) is notwithstanding any other provision of this Act, guilty of an offence against this Act. (4) The Minister may, in circumstances that he considers constitute an emergency, take such action as he deems necessary for the prevention, abatement or mitigation of air pollution and may contract with a Local Authority or other body or with any person for the removal, dispersion, destruction or mitigation of such air pollution, and all costs and expenses incurred by the Minister in acting pursuant to this subsection shall be recoverable by the Director by action as for a debt from the occupier of any premises responsible for such air pollution, in any court of competent jurisdiction.". 14. Amendment of s. 46. Offences . Section 46 of the Principal Act is amended by in subsection (3A) omitting the last two paragraphs and substituting the following paragraph:- Penalty: $20 000 and, if the offence is a continuing one, a further penalty of $2 000 for each day during which the offence continues after the conviction.". 15. New s. 49A. The Principal Act is amended by inserting after section 49 the following section:- " 49A. Indemnities . No liability shall be incurred by the Crown, the Minister, the Council or any member thereof or any inspector, authorised officer or other officer on account of anything done in pursuance of this Act or done in good faith and purporting to be in pursuance of this Act.". 16. Amendment of s. 50. Regulations . Section 50 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:- " (2) The regulations may adopt, wholly or in part and either by way of reference or by way of express specification therein, any of the standard rules, codes or specifications of the bodies known as the Standards Association of Australia, the British Standards Institute or a like body identified in the regulations.".

Clean Air Act Amendment Act 1981, No. 73 603 17. Saving of appointments . (1) The persons holding office as members of the Air Pollution Council of Queensland pursuant to paragraphs (g) and (h) of section 8 (2) of the Principal Act may continue in that office after the commencement of this Act for the balance of the period for which they were respectively appointed and they shall be deemed to hold that office as if they had been appointed thereto pursuant to the provisions of section 8 of the Principal Act as amended by this Act. (2) Notwithstanding paragraph (a) of section 8 (8) of the Principal Act as amended by this Act the appointment first made after the commencement of this Act of a second representative of the public as a member of the Air Pollution Council of Queensland may be to hold office for a period that is less than 3 years.