Environment Protection Regulation 1997 (ACT)

Environment Protection Regulation 1997 (repealed)

SL1997-36

made under the

Environment Protection Act 1997

Republication No 8

Effective: 18 November 2005

Republication date: 18 November 2005

As repealed by SL2005-38 s 70

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Environment Protection Regulation 1997 (repealed), made under the Environment Protection Act 1997, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting the republished law to 18 November 2005.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a)if the person charged is an individual—$100; or
(b)if the person charged is a corporation—$500.

Environment Protection Regulation 1997 (repealed)

made under the

Environment Protection Act 1997

Contents

Page

Part 1Preliminary

Name of regulation 2
Dictionary 2
Interpretation 2

Part 2Air
Division 2.1 Preliminary

Application to tobacco products 4

Division 2.2 Emissions

Emission of certain pollutants through a chimney 4
Smoke and soot 4
Fires 6
Motor vehicles 6
Sulfur content of fuel oil 6

Division 2.3 Lighting of fires

Minor environmental offences 7
Burning of certain substances prohibited 7
Open-air fires 8
Unfavourable weather conditions 8
Indoor fires 10

Part 3Hazardous materials
Division 3.1 Agvet chemical products

Entry of Agvet chemical products into environment 11

Division 3.1A         Controlled pollutants
15A         Prescribed pollutant—controlled waste  11
Division 3.2           Ozone-depleting substances

Meaning of discarded domestic article 11
Application of div 3.2 12
Entry of substances into the atmosphere 12
Registered or permitted under the Agvet Code 12
Other permitted discharges 12
Class A activities 14
Sale or hire of articles 15

Division 3.3 Polychlorinated biphenyls (PCBs)

Entry of PCBs into the environment 16

Division 3.4           Transport of controlled waste
23A         Interpretation for div 3.4  16
23B         Application of div 3.4  16
23C         Consignment authority  16
23D         Required information  17
23E         Records  17
23F         Notification about receipt of controlled waste  18
Part 4Noise
Division 4.1A         Interpretation
23G         Definitions for pt 4  19
Division 4.1           Measuring noise levels

Procedures for taking measurements 19
Measurements to be taken at compliance location 20
Adjoining noise zones 21

Division 4.2 Excessive noise levels

Noise levels exceeding zone noise standards 22
Noise from certain activities 23
Noise complying with certain conditions 23
Approval prevails 24
Complaint must be made by affected person 24

Division 4.3 Sale and hire of articles

Sale or hire of articles 24

Part 5Petroleum products

Construction and marking of petrol pumps 26

Part 6Water

Environmental values 27
Entry of certain pollutants into waterways 27
Water quality standards 27
Compliance with standards 27

Part 7Minor environmental offences

Offences specified in sch 5 29
No offence committed 29

Part 8Other matters to be prescribed
39A Conditions of environmental authorisation—firewood 30

Sampling and analysis of pollutants other than noise 31

Part 9Miscellaneous

Review of decisions 34

Schedule 1Open-air fires—purposes and conditions                35
Schedule 2Noise—standards and conditions  36
Schedule 3Pollutants entering waterways  41
Schedule 4Water quality standards  48
Schedule 5Minor environmental offences  65
Dictionary68
Endnotes

About the endnotes 72
Abbreviation key 72
Legislation history 73
Amendment history 74
Earlier republications 77

Environment Protection Regulation 1997 (repealed)

made under the

Environment Protection Act 1997

Part 1Preliminary

Name of regulation
This regulation is the Environment Protection Regulation 1997.
Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘built-up area—see the Emergencies Act 2004, dictionary.’ means that the term ‘built-up area’ is defined in that dictionary and the definition applies to this regulation.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Interpretation
(1) An term used in this regulation has the same meaning as in the Act, schedule 1 or schedule 2.
(2) A reference in this regulation to an ozone-depleting substance does not include a reference to a thing that has been manufactured if the thing—
(a)contains, or will use in its operation, an ozone-depleting substance; or
(b)consists in part of an ozone-depleting substance only because the substance was used in the manufacturing process.

(3) A reference in subsection (2) to a thing that has been manufactured does not include a reference to a thing that is to be used only for the transportation and storage of an ozone-depleting substance unless the substance can only be used in conjunction with the thing.

Part 2Air
Division 2.1 Preliminary

Application to tobacco products
This part does not apply in relation to the lighting or smoking of a cigar, cigarette or pipe.

Division 2.2 Emissions

Emission of certain pollutants through a chimney
For the Act, section 5 (a), a pollutant emitted into the air through a chimney, being a pollutant specified in the national emission guidelines, table 1 or table 2, is taken to cause environmental harm if the measure of the pollutant being emitted into the air from a source specified in the table for the pollutant exceeds the standard specified in the table for the source.
Smoke and soot
(1) Despite section 5, the concentration of smoke being emitted into the air through a chimney from a source specified in the national emission guidelines, table 1 for the pollutant—
(a)may exceed the standard specified in the table for the source for a period that does not exceed 20 minutes in any period of 24 hours if—
(i)the emission is due solely to the lighting of a boiler or incinerator from cold; and
(ii)the concentration does not exceed the concentration that appears as Shade 3 on the Ringlemann chart; and
(iii)the steps that are practicable and reasonable are taken to prevent or minimise the emission; and
(b)may exceed the concentration that appears as Shade 3 on the Ringlemann chart for a period that does not exceed 10 minutes in any 8 hours if—
(i)the emission is due solely to the blowing of tubes of a boiler; and
(ii)the steps that are practicable and reasonable are taken to prevent or minimise the emission.
(2) Despite section 5, the concentration of soot being emitted into the air through a chimney from a source specified in the national emission guidelines, table 1 for the pollutant—
(a)may exceed the standard specified in the table for the source for a period that does not exceed 20 minutes in any 24 hours if—
(i)the emission is due solely to the lighting of a boiler or incinerator from cold; and
(ii)the concentration does not exceed the concentration that appears as a blackening index of Shade 5 when tested by the Bacharach filter paper method; and
(iii)the steps that are practicable and reasonable are taken to prevent or minimise the emission; and
(b)may exceed the concentration that appears as a blackening index of Shade 5 when tested by the Bacharach filter paper method for a period that does not exceed 5 minutes in any 8 hours if—
(i)the emission is due solely to the blowing of tubes of a boiler; and
(ii)the steps that are practicable and reasonable are taken to prevent or minimise the emission.
Fires
Despite anything in this division, a pollutant being emitted into the air is not taken to cause environmental harm if the source of that pollutant is a fire that is permitted under division 2.3.
Motor vehicles
Despite anything in this division, a pollutant being emitted into the air is not taken to cause environmental harm if—
(a)the source of that pollutant is a motor vehicle to which the Act applies; and
(b)the vehicle complies with the Road Transport (Vehicle Registration) Act 1999.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Sulfur content of fuel oil
(1) For the Act, schedule 2, section 2.3 (Emission of pollutants in excess of prescribed concentrations), sulfur is a prescribed constituent of fuel oil and the proportion of sulfur that may be present in fuel oil must not exceed—
(a)for fuel oil used on premises where there is erected equipment capable of consuming fuel oil, either alone or with another substance, at a rate of not more than 200kg an hour—0.5% by weight; or
(b)for fuel oil used on premises where there is erected equipment capable of consuming fuel oil, either alone or with another substance, at a rate of more than 200kg an hour—1.0% by weight.
(2) Despite subsection (1), fuel oil containing a higher proportion of sulfur than that mentioned in subsection (1) (a) or (b) may be used on premises if the equipment in which the oil is used is fitted with control equipment of such a kind that the emission from the equipment is not greater than the emission that would be emitted from the equipment if fuel oil with a sulfur content of not more than 0.5% or 1.0%, as the case requires, were used.

Division 2.3 Lighting of fires

Minor environmental offences
For the Act, division 13.1—
(a)an offence against this division is a minor environmental offence; and
(b)if the offender is an individual—the on-the-spot fine is $120.
Burning of certain substances prohibited
(1) A person must not cause to be burnt—
(a)synthetic plastics or other synthetic polymers; or
(b)wood that is painted, chemically treated or contaminated with chemicals; or
(c)chemicals (except those recommended by the manufacturer as fuels for fire);
other than in accordance with an environmental authorisation that authorises the burning of such substances in an incinerator.
Maximum penalty: 10 penalty units.
(2) A person must not cause to be burnt—
(a)waste (including garden waste, but not including paper or cardboard being burnt for the purpose of starting a fire); or
(b)unseasoned wood;
other than in accordance with an environmental authorisation that authorises the burning of such substances in an incinerator.
Maximum penalty: 10 penalty units.
(3) Subsection (2) does not apply in relation to the burning of waste on land in an area that is not in the built-up area by a person who is ordinarily resident on that land if—
(a)the waste is waste as a result of his or her being the resident of the land; and
(b)the burning happens on that land.
Open-air fires
(1) A person must not—
(a)cause combustible material to be burnt in the open air; or
(b)cause a fire to be lit, used or maintained in the open air.
Maximum penalty: 5 penalty units.
(2) Subsection (1) does not apply in relation to conduct—
(a)that is for the purposes of an activity specified in schedule 1 being conducted in accordance with the conditions (if any) specified in the schedule for the activity; or
(b)that is otherwise authorised under the Act;
and is, apart from the Act, lawful.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Unfavourable weather conditions
(1) If the Minister is satisfied that meteorological conditions are, or are likely to become, such that fire-related activities would—
(a)cause excessive environmental harm; or
(b)unduly increase the measure of pollutants in the air;
the Minister may, by notice, prohibit fire-related activities.
(2) A notice under subsection (1)—
(a)must be—
(i)published in a daily newspaper printed and circulating in the ACT; or
(ii)broadcast from a radio broadcasting station in the ACT; or
(iii)televised from a television station in the ACT; and
(b)must specify the times of the day and the periods when the prohibition applies; and
(c)must specify that—
(i)the prohibition applies to the ACT as a whole; or
(ii)if it applies to part only of the ACT—the part to which it applies.
(3) A person must not contravene a notice under subsection (1).
Maximum penalty: 10 penalty units.
(4) In subsection (1):
fire-related activities means—
(a)the burning of combustible material in the open air; or
(b)the lighting, using or maintaining of a fire (other than a fire solely for the purpose of cooking food or heating a potable liquid) in the open air.
Indoor fires
A person must not light, use or maintain a fire inside a building unless the person takes the steps that are practicable and reasonable to prevent or minimise the environmental harm caused, or likely to be caused, by the emission of pollutants into the air from the fire.
Maximum penalty: 5 penalty units.

Part 3Hazardous materials
Division 3.1 Agvet chemical products

Entry of Agvet chemical products into environment
(1) For the Act, section 5 (b), an agvet chemical product is taken to cause environmental harm if it enters the environment.
(2) Despite subsection (1), an agvet chemical product is not taken to cause environmental harm if the product is—
(a)registered under the Agvet Code and is being used in accordance with the conditions of registration; or
(b)being used in accordance with a permit under the Agvet Code.

Division 3.1A Controlled pollutants
15APrescribed pollutant—controlled waste
(1) For the Act, section 5 (b), controlled waste is a prescribed pollutant.
(2) In subsection (1):
controlled waste has the same meaning as in division 3.4 (Transport of controlled waste).

Division 3.2 Ozone-depleting substances

Meaning of discarded domestic article
In this division:
discarded domestic article includes a domestic aerosol, domestic refrigerator or domestic airconditioning equipment, but does not include discarded motor vehicle airconditioning equipment.
Application of div 3.2
This division does not apply to—
(a)the sale, purchase, storage, supply, use or disposal of—
(i)a substance; or
(ii)a thing that contains a substance;
merely because the substance includes an insignificant quantity or proportion of an ozone-depleting substance; or
(b)the sale or supply of an ozone-depleting substance as part of a transaction that is ancillary to the servicing of a thing that uses an ozone-depleting substance.
Entry of substances into the atmosphere
For the Act, section 5 (b), an ozone-depleting substance is taken to cause environmental harm if it enters the atmosphere.
Registered or permitted under the Agvet Code
Despite section 18, an ozone-depleting substance entering the atmosphere is not taken to cause environmental harm if the substance—
(a)is registered under the Agvet Code and is being used in accordance with the conditions of registration; or
(b)is being used in accordance with a permit under the Agvet Code.
Other permitted discharges
Despite section 18, an ozone-depleting substance entering the atmosphere is not taken to cause environmental harm if the substance—
(a)is discharged as part of an aerosol product the manufacture or import of which is not prohibited under the Ozone Protection Act 1989 (Cwlth); or
(b)is a halon or an HCFC and is discharged in an emergency for the purposes of extinguishing a fire; or
(c)is a residual CFC or HCFC discharged from a discarded domestic article; or
(d)is discharged from a steriliser being used to sterilise medical devices or equipment if—
(i)the steriliser was purchased and was being used for sterilising medical devices or equipment before January 1993; and
(ii)there is no acceptable alternative to using the substance in the steriliser; and
(iii)the steps that are practicable and reasonable are taken to minimise the discharge; or
(e)is discharged during the operation of dry-cleaning equipment if the steps that are practicable and reasonable are taken to minimise the discharge; or
(f)is discharged as a solvent for cleaning or degreasing if—
(i)the cleaning or degreasing is necessary for the continued operation of a business; and
(ii)there is no acceptable alternative to using the substance for that cleaning or degreasing; and
(iii)the steps that are practicable and reasonable are taken to minimise the discharge.
Class A activities
(1) For the Act, schedule 1, section 1.2, item 1, the following are class A activities:
(a)the sale, purchase, storage, supply, use, reclaiming or disposal of halons;
(b)the manufacture, sale, purchase, storage, supply, use, servicing or disposal of a thing that uses halons in its operation;
(c)the sale, purchase, supply, reclaiming or disposal of CFCs or HCFCs;
(d)the manufacture or servicing of a thing that uses CFCs or HCFCs in its operation;
(e)the disposal of a thing containing CFCs or HCFCs, other than a discarded domestic article.
(2) Subsection (1) (a) and (b) does not apply to the storage or use of halons in an aircraft in the ACT if—
(a)the halons are used in an emergency to extinguish a fire; and
(b)the owner of the aircraft, within 20 working days after the date of the discharge of the halons, gives written notice of the fact to—
(i)an authorised halon supplier; or
(ii)the authority; and
(c)the notice specifies—
(i)the name of the registered owner of the aircraft; and
(ii)the aircraft registration number; and
(iii)the type and quantity of the halon released; and
(iv)the date of, and reason for, the release of the halon.
(3) In subsection (1):
servicing, in relation to a thing using an ozone-depleting substance in its operation, means carrying out an activity for the purposes of repairing, maintaining or adjusting the thing if the activity risks release into the atmosphere of an ozone-depleting substance.

Sale or hire of articles
(1) This section applies in relation to—
(a)the first retail sale of a new article or other thing that uses an ozone-depleting substance in its operation; or
(b)the hiring out of an article or other thing that uses an ozone-depleting substance in its operation.
(2) A person must not sell or hire out an article or other thing unless the sale or hiring out is authorised under this section.
Maximum penalty: 10 penalty units.
(3) The sale or hiring out of an article or other thing is authorised under this section if, had the article or other thing been sold in New South Wales instead of being sold or hired out in the ACT, the sale would have been permitted under the relevant NSW ozone protection legislation.
(4) In subsection (3):
relevant NSW ozone protection legislation means—
(a)for the sale of an article or other thing in the ACT—
(i)the Ozone Protection Act 1989 (NSW); and
(ii)the Ozone Protection Regulation 1997 (NSW); or
(b)for the hiring out of an article or other thing in the ACT—
(i)the Ozone Protection Act 1989 (NSW) as in force at the time the article or other thing was first hired out in the ACT; and
(ii)the Ozone Protection Regulation 1997 (NSW) as in force under that Act.

Division 3.3 Polychlorinated biphenyls (PCBs)

Entry of PCBs into the environment
For the Act, section 5 (b), PCB material or a thing containing PCB material is taken to cause environmental harm if the material or thing enters the environment.

Division 3.4 Transport of controlled waste
23AInterpretation for div 3.4
(1) In this division:
NEPM means the National Environment Protection (Movement of Controlled Waste between States and Territories) Measure dated 26 June 1998, as in force from time to time, made under the National Environment Protection Council Act 1994.
(2) An term used in this division that is defined in the NEPM has the same meaning as in the NEPM.

23BApplication of div 3.4
This division applies to the transport of controlled waste to which the NEPM applies.

23CConsignment authority
(1) A producer must not transport controlled waste to a participating State or participating Territory unless the person has first obtained from an agency of the State or other Territory, or a facility delegated by that agency, an authority to transport the controlled waste to that State or other Territory.
Maximum penalty: 10 penalty units.
(2) A producer must not consign controlled waste to a transporter unless the transporter holds an environmental authorisation for the activity.
Maximum penalty: 10 penalty units.

23DRequired information
(1) A producer must give to the person transporting controlled waste, in writing or electronic form, information of the kind specified in the NEPM, schedule B, part 1.
Maximum penalty: 10 penalty units.
(2) If an authority to transport controlled waste relates to more than 1 consignment of the waste, the producer must identify in the information mentioned in subsection (1) the number of the consignment being transported.
Maximum penalty: 10 penalty units.
(3) A producer must notify the agency of the State or other Territory, or a facility delegated by the agency, to which controlled waste is to be or has been dispatched, in accordance with the terms of the authority given by that agency.
Maximum penalty: 10 penalty units.

23ERecords
A producer must retain a copy of information of the kind specified in the NEPM, schedule B for not less than 12 months beginning on the date when the information was provided by the producer or came into his or her possession.
Maximum penalty: 5 penalty units.

23FNotification about receipt of controlled waste
If a producer does not, within 14 days after the date when the waste was transported to a participating State or participating Territory, receive written notice of the receipt of the waste from the person to whom the waste was transported, the producer must notify the authority in writing.
Maximum penalty: 10 penalty units.

Part 4Noise
Division 4.1A Interpretation
23GDefinitions for pt 4
In this part:
Crown lease means a lease of land granted by or in the name Commonwealth.
unit—see the Unit Titles Act 2001, section 9.
units plan means a units plan under the Unit Titles Act 2001, section 7.

Division 4.1 Measuring noise levels

Procedures for taking measurements
For the purpose of deciding whether noise being emitted from a parcel of land is in compliance with the Act—
(a)the noise level measured must be L10,T; and
(b)all measurements must be taken and all adjustments for the nature of the noise must be decided using the procedures set out in the NSW noise control manual.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Measurements to be taken at compliance location
(1) For the purpose of deciding whether noise being emitted from a parcel of land complies with the Act, the noise level must be measured at the compliance location for the parcel.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(2) The compliance location is—
(a)if the noise is being emitted during the course of conducting an activity for which an environmental authorisation or an environmental protection agreement is in force; and
(b)if the authorisation or agreement specifies the compliance location;
the location so specified.
(3) The compliance location for public land to which subsection (2) does not apply is, if—
(a)the noise is being emitted during the course of conducting an activity for which an approval is in force; and
(b)the approval specifies the compliance location;
that location.
(4) The compliance location for leased land to which subsection (2) does not apply is—
(a)if the boundary of the leased land is formed by a road separating 2 noise zones; and
(b)if those noise zones have different zone noise standards for the period for when the noise is emitted;
any point on or as near as practicable to the boundary of the noise zone with the lowest of those zone noise standards.
(5) The compliance location for leased land to which neither subsection (2) or (4) applies is—
(a)any 1 of the following:
(i)if the noise is being emitted from a sole occupancy unit comprising a Crown lease in a building consisting of other Crown leases, whether or not separated by a common boundary—any point within any of the other units in the building;
(ii)if the noise is being emitted from a sole occupancy unit having a common wall with another sole occupancy unit on a separate Crown lease—any point within that other unit;
(iii)if the noise is being emitted from 1 of 2 or more sole occupancy units located on the same units plan—any point within any of the other units;
(iv)any point on or as near as practicable to the boundary of—
(A)land to which a units plan applies; or
(B)the Crown lease of a sole occupancy unit of a kind mentioned in paragraph (a) (i) or (ii) from which the noise is being emitted; or
(b)in any other case—any point on or as near as practicable to the boundary of the leased land.
(6) The compliance location for unleased land to which neither subsection (2) nor (3) applies is any point as near as practicable to 5m from the source of the noise.
Adjoining noise zones
For this regulation, noise zones are adjoining if the zones—
(a)have a common boundary; or
(b)would have a common boundary apart from a road separating the zones.

Division 4.2 Excessive noise levels

Noise levels exceeding zone noise standards
(1) For the Act, section 5 (a), subject to this section, noise being emitted from a parcel of land in a noise zone is taken to cause environmental harm if the noise level exceeds the zone noise standard for the period when the noise is emitted.
(2) Noise being emitted from a sole occupancy unit that is—
(a)a Crown lease in a building consisting of other Crown leases, whether or not separated by a common boundary; or
(b)a unit on the same units plan; or
(c)on a Crown lease having a common wall with a sole occupancy unit on another Crown lease;
is taken to cause environmental harm—
(d)in another sole occupancy unit of that kind in that building or on that units plan; or
(e)in a sole occupancy unit on the other Crown lease mentioned in paragraph (c);
if the noise level at any point within that other unit exceeds 5 dB(A) below the zone noise standard for the period when the noise is emitted.
(3) If the boundary of a parcel of leased land is also the boundary of a noise zone that adjoins another noise zone or other noise zones, the zone noise standard at that boundary for that parcel of land is the average of the zone noise standards for the adjoining noise zones for the period when the noise is emitted, rounded up to the nearest dB(A).
Noise from certain activities
Despite section 27, noise being emitted from a parcel of land is not taken to cause environmental harm if—
(a)the noise is emitted during the course of conducting an activity for the purpose of—
(i)protecting life or property; or
(ii)preventing, minimising or remedying environmental harm; or
(b)the noise is emitted during the course of conducting an activity for the purpose of maintaining an essential service; or
(c)the noise is emitted during the course of constructing or maintaining an arterial road.
Noise complying with certain conditions
(1) Despite section 27, noise being emitted during the conduct of an activity specified in schedule 2, table 2.2 is not taken to cause environmental harm if the activity is conducted in accordance with the conditions specified in the table for the activity.
(2) A reference in schedule 2, table 2.2 to a zone followed by a letter is a reference to the noise zone so lettered in schedule 2, table 2.1.
(3) A reference in schedule 2, table 2.2 to a period followed by a number is—
(a)if the period is during a Sunday or a public holiday—the period specified in schedule 2, table 2.3, column 3 opposite the same number specified in the table, column 1; or
(b)if the period is during any other day—the period specified in schedule 2, table 2.3, column 2 opposite the same number specified in the table, column 1.
Approval prevails
In the event of an inconsistency between an approval and this part, the approval prevails.
Complaint must be made by affected person
A person who conducts an activity that emits excessive noise is not taken to have committed an offence against the Act in relation to emission unless—
(a)an affected occupier makes a complaint to an authorised officer; and
(b)for noise being emitted from a sole occupancy unit of the kind mentioned in section 27 (2) (a), (b) or (c)—if the noise level in another sole occupancy unit of the kind in the building, on the units plan or in the other Crown lease mentioned in section 27 (2) (c), exceeds 5 dB(A) below the zone noise standard for the noise zone for the land where the building is situated is in; and
(c)in any other case—the noise level at the affected land exceeds the zone noise standard for the noise zone that the affected land is in.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Division 4.3 Sale and hire of articles

Sale or hire of articles
(1) This section applies in relation to—
(a)the first retail sale of a new article or other thing; or
(b)the hiring out of an article or other thing.
(2) A person must not sell or hire out an article or other thing unless the sale or hiring out is authorised under this section.
Maximum penalty: 10 penalty units.
(3) The sale or hiring out of an article or other thing is authorised under this section if, had the article or other thing been sold in New South Wales instead of being sold or hired out in the ACT, the sale would not have been prohibited under the relevant NSW noise control legislation.
(4) In subsection (3):
relevant NSW noise control legislation means—
(a)for the sale of an article or anything else in the ACT—the NSW Noise Control Act; or
(b)for an article or anything else hired out in the ACT—the NSW Noise Control Act as in force at the time the article or other thing was first hired out in the ACT.

Part 5Petroleum products

Construction and marking of petrol pumps
(1) For the Act, schedule 2, section 2.10, a petrol pump used to dispense unleaded petrol into motor vehicles must—
(a)have a hose that is equipped with a nozzle that has an external diameter of not more than 21.34mm; and
(b)have the word ‘UNLEADED’ marked on the pump—
(i)in letters not less than 20mm in height; and
(ii)in a position that is clearly visible to a driver of a motor vehicle intending to obtain petrol from the pump.
(2) For the Act, schedule 2, section 2.10, a petrol pump used to dispense leaded petrol into motor vehicles must—
(a)have a hose that is equipped with a nozzle that has an external diameter of not less than 23.6mm; and
(b)have the words ‘CONTAINS LEAD’ marked on the pump—
(i)in letters not less than 20mm in height; and
(ii)in a position that is clearly visible to a driver of a motor vehicle intending to obtain petrol from the pump.

Part 6Water

Environmental values
(1) For this part, schedule 3 and schedule 4, the environmental values of a waterway are the environmental values specified in part C2, Water Use and Catchment Policies, of the Territory plan for the waterway.
(2) The following are examples of those environmental values:
(a)Domestic Water Quality (DOM1/2/3);
(b)Primary and Secondary Contact Recreation (REC/1 & REC/2);
(c)Waterscape (VIEW);
(d)Agricultural Uses (STOCK).
Entry of certain pollutants into waterways
For the Act, section 5 (b), a pollutant specified in a table in schedule 3 is taken to cause environmental harm if it enters a waterway that has as 1 of its environmental values the value specified in the table.
Water quality standards
The ambient environmental standards in relation to water quality for a waterway that has as 1 of its environmental values the value specified in a table in schedule 4, in flow conditions not exceeding the long-term 5 percentile high flow value, are the standards specified in the table for the value.
Compliance with standards
(1) An indicator specified in a table in schedule 4 (other than dissolved oxygen and light penetration) is taken to comply with the standard value specified in the table for the indicator if—
(a)for a standard value expressed as a range—the measure of the indicator is within the range; or
(b)in any other case—the measure of the indicator does not exceed the standard value.
(2) Dissolved oxygen or light penetration specified in a table in schedule 4 is taken to comply with the standard value specified in the table for the indicator if the indicator is equal to or exceeds the standard value.

Part 7Minor environmental offences

Offences specified in sch 5
(1)An offence specified in column 2 of an item in schedule 5 is punishable, on conviction, by a penalty not exceeding the penalty specified in the item, column 3.
(2)For the Act, division 13.1—
(a)an offence specified in column 2 of an item in schedule 5 is a minor environmental offence; and
(b)if the offender is an individual—the on-the-spot fine for an offence specified in column 2 of an item in schedule 5 is the amount specified in the item, column 4.
No offence committed
A person does not commit a minor environmental offence within the meaning of the Act, division 13.1 if—
(a)the act or omission that would apart from this provision have constituted the offence or an element of the offence was authorised under the Act; or
(b)in any other case—
(i)the act or omission that would apart from this provision have constituted the offence or an element of the offence happened during the conduct of an activity that was, apart from the Act, lawful; and
(ii)in conducting the activity, the person was complying with the general environmental duty.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Part 8Other matters to be prescribed

39AConditions of environmental authorisation—firewood
(1)For the Act, section 51 (a) (viii), the following are prescribed standards for an environmental authorisation in relation to an activity mentioned in the Act, schedule 1, section 2, item 46 with which the applicant for the authorisation must comply:
(a)as far as possible, offer customers the choice of mixed wood loads;
(b)offer and supply firewood by mass (weight) only and not by volume;
(c)give each customer a written statement of the mass (weight) of the load supplied;
(d)if the load is a mixed load—give each customer a written statement stating the approximate mass (weight) of hardwood and softwood in the load;
(e)supply seasoned firewood only;
(f)give each customer a pamphlet supplied by Environment ACT that sets out recommended wood burning practices and that encourages compliance with those practices;

(g)give the following information to each customer to whom firewood is supplied:
(i)the common name and species (if known) or the kind of wood;
Examples of common name or kind of wood
1      box
2       gum
3     pine
(ii)the place from which the firewood was originally taken;
Examples of locality from which firewood taken
1     ACT pine forests
2     Cowra
(iii)the type of firewood.
Example of type of firewood
Residue from forestry processing operations of native forest timber.
Note 1For other types of firewood, see Environment Protection Act 1997, sch 1, s 1, def of firewood.
Note 2An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2)For the Act, section 51 (a) (viii), subsection (1) (g) is a prescribed standard for an environmental authorisation in relation to an activity mentioned in the Act, schedule 1, section 2, item 47 with which the applicant for the authorisation must comply.

Sampling and analysis of pollutants other than noise
(1) The sampling and analysis of a pollutant other than noise must be conducted in accordance with—
(a)a procedure for that purpose specified by or under another territory law or a law of the Commonwealth, a State or another Territory; or
(b)a protocol recommended for that purpose in a standard published by or on behalf of the Standards Australia; or
(c)a protocol recommended for that purpose in a standard published by or on behalf of the International Standards Organisation, Geneva; or
(d)a protocol published by a recognised entity.
(2) The analysis of a pollutant other than noise must be conducted by a person employed as an analyst in any of the following organisations:
(a)a laboratory operated by or on behalf of the Territory, the Commonwealth, a State or another Territory;
(b)an Australian university;
(c)a laboratory accredited by the National Association of Testing Authorities;
(d)a laboratory approved, in writing, by the Minister.
(3)An approval under subsection (2) (d) is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(4) In this section:
Australian university means a university established by a territory law or a law of the Commonwealth, a State or another Territory.
recognised entity means—
(a)the Territory, the Commonwealth, a State or another Territory; and
(b)the authority or a body established by or under a law (Cwlth), a State or another Territory having functions corresponding to those of the authority; and
(c)the Commonwealth Scientific and Industrial Research Organisation (CSIRO); and
(d)the Australia and New Zealand Environment and Conservation Council; and
(e)the National Environment Protection Council established by the national scheme laws; and
(f)the Agricultural and Resource Management Council of Australia and New Zealand; and
(g)the United States Environment Protection authority; and
(h)the American Public Health Association; and
(j)a Co-operative Research Centre established under the Commonwealth’s Co-operative Research Centre Program; and
(k)an Australian university.

Part 9Miscellaneous

Review of decisions
(1) Application may be made to the administrative appeals tribunal for review of a decision of the authority—
(a)under section 40 (2) (d) approving a laboratory; or
(b)under section 40 (2) (d) refusing to approve a laboratory.
(2) If a decision of a kind mentioned in subsection (1) (a) or (b) is made, the authority must give written notice of the decision to the applicant.
(3) A notice under subsection (2) must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).

Schedule 1Open-air fires—purposes and conditions

(see s 12 (2))

column 1 item	Column 2 Activity	column 3 conditions
1	Cooking food or heating a potable liquid
2	Heating	The activity is conducted— (a) in a built-up area using a brazier or constructed fireplace; or (b) in an area that is not a built-up area.
3	a display, ceremony, celebration or similar activity	The activity— (a) if on leased land to which the land use policy of residential applies—is conducted during the period beginning on the Saturday that is 9 days before the public holiday observed as the Sovereign’s birthday and ending on the Sunday that is 6 days after that public holiday; or (b) if on any other leased land—is authorised by the chief officer (rural fire service) or chief officer (fire brigade), and is conducted with the consent of the lessee and in accordance with an approval; or (c) if on unleased land—is authorised by the chief officer (rural fire service) or chief officer (fire brigade), and is conducted in accordance with an approval.
4	Providing instruction in fire fighting methods	The activity is authorised by— (a) the chief officer (rural fire service); or (b) the chief officer (fire brigade).
5	Burning plant matter in the course of primary production	The activity is conducted in an area that is not a built-up area.

Schedule 2Noise—standards and conditions

(see s 29)

Table 2.1Zone noise standards

column 1	column 2	column 3	column 4
Noise Zone	ACT Areas	NSW Zones	Zone Noise Standard (dB(A))
A Mon-Sat 7 am-10 pm	B Mon-Sat 10 pm-7 am	C Sun & public holidays 8 am-10 pm	D Sun & public holidays 10 pm-8 am
Zone A	3 Industry	Queanbeyan City Industrial Zones	65	55	65	55
Zone B	2A Commercial —Civic Centre 2B Commercial —Town Centre designated Area A*	Queanbeyan City Business Zones	60	50	60	50
Zone C	2C Commercial —Group Centre 2E Commercial —Corridors and Office Sites designated Area B*	55	45	55	45
Zone D	2D Commercial —Local Centre	50	35	50	35
Zone E	5 Restricted Access Recreation 10 Broadacre	50	40	50	40
Zone F	4 Community Facility 7 Municipal Services 8 Entertainment, Accommodation and Leisure	Queanbeyan City Special Uses Zones	The zone noise standard for a period specified in column 4A, 4B, 4C or 4D is the same as the zone noise standard for the adjoining noise zone that has the highest noise zone standard for that period.
Zone G	all other areas, other than designated area C*	all other zones	45	35	45	35

* In table 1, column 2 —

(a)designated area A means the area specified under the Commonwealth Act, section 10 as Central National Area (City).
designated area B means the area specified under the Commonwealth Act, section 10 as Central National Area (The Parliamentary Zone; Barton; sections 39, 40 and 41 of Yarralumla; Acton; Anzac Parade and Constitution Avenue; Russell; Duntroon, ADFA and Campbell Park; Development Nodes and Clubs of Lake Burley Griffin and Foreshores).
designated area C means the area specified under the Commonwealth Act, section 10 as Central National Area (Fairbairn).
Commonwealth Act means the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth).
Queanbeyan City Industrial Zones, Queanbeyan City Business Zones and Queanbeyan City Special Uses Zones have the same respective meanings as in the Queanbeyan Draft Local Environmental Plan 1996; and

(b) other areas are land use policies under the territory plan.

Table 2.2Noise conditions

column 1 item	column 2 activity	Column 3 conditions
1	primary production or management of reserved areas (within the meaning of the Nature Conservation Act 1980)	(1) The activity is conducted during period 1. (2) Any equipment being used is maintained and operated in accordance with the manufacturer’s specifications (if any).
2	garden maintenance or improvement	(1) The activity is conducted— (a) if on land to which the land use policy of residential applies—during period 2; or (b) if on any other land—during period 1. (2) Any equipment being used is maintained and operated in accordance with the manufacturer’s specifications (if any).
3	maintenance or repair work	(1) The activity is conducted during period 2. (2) Any noise exceeding a zone noise standard is emitted for periods totalling not more than 40 hours in any 8 week period. (3) Any equipment being used is maintained and operated in accordance with the manufacturer’s specifications (if any).
4	sounding of security alarms for motor vehicles or premises	The activity is conducted in accordance with the NSW Noise Control Act.
5	building work	(1) The activity is conducted— (a) if in Zone A or B—during period 4; or (b) if in any other noise zone and— (i) the activity will be completed within 2 weeks—during period 2; or (ii) the activity will not be completed within 2 weeks—during period 3. (2) Any relevant noise reduction measures specified in Australian Standard 2436 are implemented.
6	mobile vendoring	The activity is conducted in accordance with the NSW noise control manual, chapter 166.
7	playing music for the purposes of a party being held on leased land or a street party	(1) The activity is conducted during the period beginning at 6 pm on 31 December in any year and ending at 12.30 am on 1 January in the following year. (2) Any noise being emitted does not exceed 60 dB(A) at— (a) if the party is on leased land—any point on the boundary of the leased land; or (b) if the party is a street party—any point on the boundary of any leased land.
8	conducting tests, other than a test in relation to a prescribed activity, to decide whether noise levels are in compliance with the Act	(1) The activity is conducted during period 2, unless the authority is satisfied that it is not practicable to conduct the test during that period because the level of ambient noise is likely to prevent effective testing. (2) Subject to subitem (2), any noise exceeding a zone noise standard is emitted only for the minimum time necessary to complete the tests. (3) Any noise exceeding a zone noise standard is emitted for periods totalling not more than 2 hours in any 1 week period.
9	warming up of motor vehicle engines	(1) Any noise exceeding a zone noise standard is emitted only for— (a) a period not longer than 5 minutes; or (b) if a longer period is specified in the vehicle’s operating manual—that longer period. (2) The vehicle complies with the Road Transport (Vehicle Registration) Act 1999.
11	emitting non-amplified noise from bells or other equipment for the purposes of religious services	The activity is conducted during period 1.
12	emitting noise from portable loud speakers	(1) The activity is conducted on public land during period 2. (2) The activity is conducted in accordance with an approval.
13	constructing or maintaining non-arterial roads	The activity is conducted during period 2.
14	commercial collection of waste from commercial premises	The activity is conducted in accordance with an accredited code of practice under the Act, part 5.

Table 2.3Time periods

column 1 period no.	column 2 Monday to Saturday	Column 3 Sunday and public holidays
1	7 am to 10 pm	8 am to 10 pm
2	7 am to 8 pm	8 am to 8 pm
3	7 am to 6 pm	no period specified
4	6 am to 8 pm	6 am to 8 pm

Schedule 3Pollutants entering waterways

(see s 35)

Table 3.1Domestic water quality (DOM1/2/3)

Group A (Inorganic chemicals)
Aluminium	Chloride	Iron	Nitrite
Ammonia	Chromium	Lead	Selenium
Antimony	Copper	Manganese	Silver
Arsenic	Cyanide	Mercury	Sodium
Barium	Fluoride	Molybdenum	Sulfate
Boron	Hydrogen sulfide	Nickel	Zinc
Cadmium	Iodide	Nitrate

Group B (Organic compounds)
Acrylamide
Benzene
Carbon tetrachloride
Chlorobenzene
Dichlorobenzenes 1,2-dichlorobenzene 1,3-dichlorobenzene 1,4-dichlorobenzene
Dichloroethanes 1,2-dichloroethane
Dichloroethenes 1,1-dichloroethene 1,2-dichloroethene
Dichloromethane (methylene chloride)
Ethylbenzene
Ethylenediamine tetracetic acid (EDTA)
Hexachlorobutadiene
Nitrilotriacetic acid
Organotins tributyltin oxide
Plasticisers di(2-ethylhexyl)phthalate polycyclic aromatic hydrocarbons (PAHs) styrene (vinylbenzene) tetrachloroethene toluene trichlorobenzenes (total) vinyl chloride xylene

Group C (Disinfection by-products)
Chloramine (see Mono-chloramine)
Chlorine (free)
Chlorine dioxide
Chlorite
Chloroacetic acids chloroacetic acid dichloroacetic acid trichloroacetic acid
Chlorophenols 2-chlorophenol 2,4-dichlorophenol 2,4,6-dichlorophenol
Cyanogen chloride (as cyanide)
Formaldehyde
Mono-chloramine
Trichloroacetaldehyde (chloral hydrate)
Trihalomethanes (THMs) (total)

Group D (Pesticides)
Acephate	2,4-D	Fensulfothion
Aldicarb	DDT	Fenvalerate
Aldrin	Diazinon	Flamprop-methyl
Ametryn	Dicamba	Fluometuron
Amitrole	Dichlobenil	Formothion
Asulam	Diclofop-methyl	Fosamine ammonium
Atrazine	Dicofol	Glyphosphate
Azinphos-methyl	Dieldrin	Heptachlor (including its epoxide)
Benomyl	Difenzoquat	Hexaflurate
Bentazone	Dimethoate	Hexazinone
Bioresmethrin	Diphenamid	Lindane
Bromacil	Diquat	Maldison
Bromophos-ethyl	Disulfoton	Methidathion
Bromoxynil	Diuron	Methiocarb
Carbaryl	DPA (2,2-DPA)	Methomyl
Carbendazim	EDB	Methoxychlor
Carbofuran	Endosulfan	Metolachlor
Carbophenthion	Endothal	Metribuzin
Carboxin	EPTC	Metsulfuron-methyl
Chlordane	Ethion	Mevinphos
Chlorothalonil	Ethoprophos	Molinate
Chloroxuron	Etridiazole	Monocrotophos
Chlorphenvinphos	Fenamiphos	Napropamide
Chlorpyrifos	Fenarimol	Nitralin
Chlorsulfuron	Fenchlorphos	Norflurazon
Cichlorvos	Fenitrothion	Oryzalin
Clopyralid	Fenoprop	Oxamyl
Paraquat	Propachlor	Terbufos
Parathion	Propanil	Terbutryn
Parathion methyl	Propargite	Tetrachlorvinphos
Pebulate	Propozine	Thiobencarb
Pendimethalin	Propiconazole	Thiometon
Pentachlorophenol	Propyzamide	Thiophenate
Permethrin	Pyrazophos	Thiram
Picloram	Quintozene	Triadimefon
Piperonyl butoxide	Silvex (see Feneprop)	Trichlorfon
Pirimcarb	Simazine	Trichlorpyr
Pirimiphos-ethyl	Sulprofos	Trifluralin
Pirimiphos-methyl	2,4,5-T	Vernolate
Profenofos	Temephos
Promecarb	Terbacil

Table 3.2Primary and secondary contact recreation (REC/1 & REC/2)

Faecal coliforms

Nitrogen

Oil and grease

Phosphorus

Table 3.3Waterscape (VIEW)

Nitrogen

Oil and grease

Phosphorus

Table 3.4Agricultural uses (STOCK)

Group A (Inorganic chemicals)
Aluminium	Calcium	Fluoride	Nitrate-N
Arsenic	Chloride	Iron	Nitrite-N
Barium	Chromium	Lead	Selenium
Beryllium	Cobalt	Mercury	Sulfate
Boron	Copper	Molybdenum	Vanadium
Cadmium	Cyanide	Nickel	Zinc

Group B
(Organic compounds)

Atrazine

Glyphosate

Metolachlor

Simazine

Table 3.5Agricultural uses (IRRIG)

Group A (Inorganic chemicals)
Aluminium	Chromium	Manganese	Vanadium
Arsenic	Copper	Mercury	Uranium
Beryllium	Fluoride	Molybdenum	Zinc
Boron	Iron	Nickel
Cadmium	Lead	Selenium
Chloride	Lithium	Sodium

Group B (Organic compounds)
Atrazine
Chlordane
Dieldrin
Heptachlor
Metolachlor
Simazine

Table 3.6Ecosystem maintenance (AQUA/1 to AQUA/7)

Group A (Inorganic chemicals)
Aluminium	Cadmium	Iron	Phosphorus
Ammonia	Chlorine	Lead	Selenium
Antimony	Chromium	Mercury	Silver
Arsenic	Copper	Nickel	Zinc
Beryllium	Cyanide	Nitrite

Group B (Organic chemicals—pesticides)
Aldrin	DDE	Glyphosate	Metribuzin
Atrazine	DDT	Guthion	Mirex
Captan	Demeton	Heptachlor	Parathion
Chlordane	Dieldrin	Lindane	Picrolam
Chlorpyrifos	Dinoseb	Malathion	Simazine
Cyanazine	Endosulfan	Methoxychlor	Toxaphene
2,4-D	Endrin	Metolachlor

Group C (Organic chemicals—non-pesticide anthropogenic organics)
Acrolein
Chlorinated benzenes monochlorobenzene 1,2-dichlorobenzene 1,3-dichlorobenzene 1,4-dichlorobenzene 1,2,3-trichlorobenzene 1,2,4-trichlorobenzene 1,3,5-trichlorobenzene 1,2,3,4-tetrachlorobenzene 1,2,3,5-tetrachlorobenzene 1,2,4,5-tetrachlorobenzene pentachlorobenzene hexachlorobenzene
Chlorinated ethylenes tetrachloroethylene trichlorethylene
Chlorinated phenols monochlorophenol dichlorophenol trichlorophenol tetrachlorophenol pentachlorophenol
Halogenated aliphatic compounds hexachlorobutadiene
Halogenated methanes carbon tetrachloride chloroform dichloromethane (methylene chloride) trihalomethanes
Monocyclic aromatic hydrocarbons benzene ethylbenzene phenol toluene
Oil and grease
Phthallate esters
Polychlorinated biphenyls
Polycyclic aromatic hydrocarbons

Group D (Organic chemicals—organometallics)
Tributyltin
Triphenyltin

Schedule 4Water quality standards

(see s 36 and s 37)

Table 4.1Domestic water quality (TAP)

Group A (Microbiological quality)
Indicator	standard value
E. coli	0 cfu per 100 mL for 98% of samples

Group B (Physical quality)
Indicator	standard value
Acidity (pH)	6.5-8.5
Colour (HU)	15
Dissolved oxygen	> 85%
Hardness	200 mg/L
Taste and odour	Acceptable to most people
Total dissolved solids	500 mg/L
Turbidity (NTU)	5

Group C (Inorganic chemicals)
Indicator	standard value (mg/L)	indicator	standard value (mg/L)
Aluminium (acid soluble)	0.2	Chloride	250
Ammonia (as NH₄)	0.5	Chromium (as Cr(6))	0.05
Antimony	0.003	Copper	1
Arsenic	0.007	Cyanide	0.07
Barium	0.7	Fluoride	1.5
Boron	0.3	Hydrogen sulfide	0.05
Cadmium	0.002	Iodide	0.1
Iron	0.3	Nitrite (as nitrite)	3
Lead	0.01	Selenium	0.01
Manganese	0.1	Silver	0.02
Mercury	0.001	Sodium	180
Molybdenum	0.05	Sulfate	250
Nickel	0.02	Zinc	3
Nitrate (as nitrate)	50
Group D (Organic compounds)
Indicator	standard value (mg/L)
Acrylamide	0.0002
Benzene	0.001
Carbon tetrachloride	0.003
Chlorobenzene	0.01
Dichlorobenzenes 1,2-dichlorobenzene 1,3-dichlorobenzene 1,4-dichlorobenzene	0.001 0.02 0.0003
Dichloroethanes 1,2-dichloroethane	0.003
Dichloroethenes 1,1-dichloroethene 1,2-dichloroethene	0.03 0.06
Dichloromethane (methylene chloride)	0.02
Ethylbenzene	0.003
Ethylenediamine tetracetic acid (EDTA)	0.25
Hexachlorobutadiene	0.0007
Nitrilotriacetic acid	0.2
Organotins tributyltin oxide	0.001
Plasticisers di(2-ethylhexyl)phthalate polycyclic aromatic hydrocarbons (PAHs) styrene (vinylbenzene) tetrachloroethene toluene trichlorobenzenes (total) vinyl chloride xylene	0.01 0.00001 0.004 0.05 0.025 0.005 0.0003 0.02

Group E (Disinfection by-products)
Indicator	standard value (mg/L)
Chloramine (see Mono-chloramine)
Chlorine (free)	0.6
Chlorine dioxide	0.4
Chlorite	0.3
Chloroacetic acids chloroacetic acid dichloroacetic acid trichloroacetic acid	1 0.05 0.1
Chlorophenols 2-chlorophenol 2,4-dichlorophenol 2,4,6-dichlorophenol	0.0001 0.0003 0.002
Cyanogen chloride (as cyanide)	0.07
Formaldehyde	0.5
Mono-chloramine	0.5
Trichloroacetaldehyde (chloral hydrate)	0.02
Trihalomethanes (THMs) (total)	0.25

Group F (Pesticides)
Indicator	standard value (mg/L)	indicator	standard value (mg/L)
Acephate	0.01	Chlorphenvinphos	0.005
Aldicarb	0.001	Chlorpyrifos	0.01
Aldrin	0.0003	Chlorsulfuron	0.1
Ametryn	0.05	Cichlorvos	0.001
Amitrole	0.01	Clopyralid	1
Asulam	0.05	2,4-D	0.03
Atrazine	0.02	DDT	0.02
Azinphos-methyl	0.003	Diazinon	0.003
Benomyl	0.1	Dicamba	0.1
Bentazone	0.03	Dichlobenil	0.01
Bioresmethrin	0.1	Diclofop-methyl	0.005
Bromacil	0.3	Dicofol	0.003
Bromophos-ethyl	0.01	Dieldrin	0.0003
Bromoxynil	0.03	Difenzoquat	0.1
Carbaryl	0.03	Dimethoate	0.05
Carbendazim	0.1	Diphenamid	0.3
Carbofuran	0.01	Diquat	0.005
Carbophenthion	0.0005	Disulfoton	0.003
Carboxin	0.3	Diuron	0.03
Chlordane	0.001	DPA (2,2-DPA)	0.5
Chlorothalonil	0.03	EDB	0.001
Chloroxuron	0.01	Endosulfan	0.03
Endothal	0.1	Metolachlor	0.3
EPTC	0.03	Metribuzin	0.05
Ethion	0.003	Metsulfuron-methyl	0.03
Ethoprophos	0.001	Mevinphos	0.005
Etridiazole	0.1	Molinate	0.005
Fenamiphos	0.0003	Monocrotophos	0.001
Fenarimol	0.03	Napropamide	1
Fenchlorphos	0.03	Nitralin	0.5
Fenitrothion	0.01	Norflurazon	0.05
Fenoprop	0.01	Oryzalin	0.3
Fensulfothion	0.01	Oxamyl	0.1
Fenvalerate	0.05	Paraquat	0.03
Flamprop-methyl	0.003	Parathion	0.01
Fluometuron	0.05	Parathion methyl	0.1
Formothion	0.05	Pebulate	0.03
Fosamine ammonium	0.03	Pendimethalin	0.3
Glyphosphate	1	Pentachlorophenol	0.01
Heptachlor (including its epoxide)	0.0003	Permethrin	0.1
Hexaflurate	0.03	Picloram	0.3
Hexazinone	0.3	Piperonyl butoxide	0.1
Lindane	0.02	Pirimcarb	0.005
Maldison	0.05	Pirimiphos-ethyl	0.0005
Methidathion	0.03	Pirimiphos-methyl	0.05
Methiocarb	0.005	Profenofos	0.0003
Methomyl	0.03	Promecarb	0.03
Methoxychlor	0.3	Propachlor	0.05
Propanil	0.5	Terbufos	0.0005
Propargite	0.05	Terbutryn	0.3
Propiconazole	0.1	Tetrachlorvinphos	0.1
Propozine	0.05	Thiobencarb	0.03
Propyzamide	0.3	Thiometon	0.003
Pyrazophos	0.03	Thiophenate	0.005
Quintozene	0.03	Thiram	0.003
Silvex (see Feneprop)	Triadimefon	0.1
Simazine	0.02	Trichlorfon	0.005
Sulprofos	0.01	Trichlorpyr	0.01
2,4,5-T	0.1	Trifluralin	0.05
Temephos	0.3	Vernolate	0.03
Terbacil	0.03

Table 4.2Domestic water quality (DOM1/2/3)

Unless otherwise provided by this table, the ambient environmental standards in relation to water quality for a waterway to which this table applies are the same as the standards specified in table 4.1.

indicator	standard value
DOM1	DOM2	DOM3
Dissolved oxygen	6 mg/L or 75% saturation, whichever is highest	6 mg/L or 75% saturation, whichever is highest	5 mg/L or 60% saturation, whichever is highest
E. coli	10 cfu per 100 mL for 98% of samples	100 cfu per 100 mL for 98% of samples	100 cfu per 100 mL for 98% of samples
Turbidity (NTU)	5	250	10,000

Table 4.3Primary contact recreation (REC/1)

Group A (Microbiological quality)
indicator	standard value
Cyanobacteria	5,000 cells per mL (absence of scums)
Faecal coliforms	150 cfu per 100 mL (see note 1)
Pathogenic free-living protozoans	0 organisms per 100 mL

NoteThe median value must not exceed 150 colony forming units (cfu) per 100 mL for a minimum of 5 samples taken at regular intervals not longer than 1 month, with 4 out of 5 samples containing less than 600 cfu per 100 mL.

Group B (Physical and chemical quality)
Indicator	standard value
Acidity (pH)	6.5-8.5
Floating debris (scum)	none visible
Nitrogen to phosphorus ratio	> 12
Phosphorus (total) (mg/L)	100
Temperature (°C)	15-35

Group C (Aesthetic quality)
Indicator	standard value
Chlorophyll a	10 mg/L
Clarity	Secchi depth 1.2 m
Colour	not objectionable
Odour	not objectionable
Oil and grease	not visible

Group D (Nuisance)
indicator	standard value
Aquatic macrophytes (floating)	not objectionable
Aquatic macrophytes (rooted)	not objectionable
Flow rates	< 1.5 m/s

Table 4.4Secondary contact recreation (REC/2)

Unless otherwise provided by this table, the ambient environmental standards in relation to water quality for a waterway to which this table applies are the same as the standards specified in table 3.

Group A (Microbiological quality)
indicator	standard value
Faecal coliforms	1,000 cfu per 100 mL (see note 1)

NoteThe median value must not exceed 1,000 colony forming units (cfu) per 100 mL for a minimum of 5 samples taken at regular intervals not longer than 1 month, with 4 out of 5 samples containing less than 4,000 cfu per 100 mL.

Group B (Aesthetic quality)
Indicator	standard value
Floating debris	none

Table 4.5Waterscape (VIEW)

Indicator	standard value
Algal growth	not objectionable
Aquatic macrophytes (floating)	not objectionable
Aquatic macrophytes (rooted)	not objectionable
Chlorophyll a	10 mg/L
Colour	not objectionable
Cyanobacteria	5,000 cells per mL (absence of scums)
Floating debris and scum	none
Nitrogen to phosphorus ratio	> 12
Oil and grease	not visible
Phosphorus (total) (mg/L)	100

Table 4.6Agricultural uses (STOCK)

Group A (Microbiological quality)
Indicator	standard value
Algae	Up to 10,000 cells per mL
Faecal coliforms	1,000 per 100 mL (see note 1)

NoteThe geometric (log) mean must not exceed 1,000 colony forming units (cfu) per 100 mL for a minimum of 5 samples taken within 1 month, with no more than 20% of such samples containing more than 5,000 cfu per 100 mL.

Group B (Physical and chemical quality)
Indicator	standard value (mg/L)	indicator	standard value (mg/L)
Acidity (pH)	6.5-9.2	Fluoride	2
Aluminium	5	Iron	50
Arsenic	0.2	Lead	0.1
Barium	5	Mercury	0.002
Beryllium	0.1	Molybdenum	0.01
Boron	5	Nickel	1
Cadmium	0.01	Nitrate-N	30
Calcium	1,000	Nitrite-N	10
Chloride	2,400	Selenium	0.02
Chromium	1	Sulfate	1,000
Cobalt	1	Total dissolved solids	3,000
Copper	0.5	Vanadium	0.1
Dissolved oxygen	5 mg/L or 60 % saturation	Zinc	20

Group C (Organic quality)
Indicator	standard value (mg/L)
Atrazine	0.02
Chlorophyll a	0.01
Glyphosate	2
Metolachlor	0.5
Simazine	0.02

Table 4.7Agricultural uses (IRRIG)

Group A (Microbiological quality)
Indicator	standard value
Faecal coliforms	1,000 per 100 mL (see note 1)

NoteThe geometric (log) mean must not exceed 1,000 colony forming units (cfu) per 100 mL for a minimum of 5 samples taken within 1 month, with no more than 20% of such samples containing more than 4,000 cfu per 100 mL.

Group B (Physical and chemical quality)
Indicator	standard value (mg/L)	indicator	standard value (mg/L)
Acidity (pH)	4.5-9.0	Lithium	2.5
Aluminium	5	Manganese	0.2
Arsenic	0.1	Mercury	0.002
Beryllium	0.1	Molybdenum	0.01
Boron	6.0	Nickel	0.2
Cadmium	0.01	Selenium	0.02
Chloride	700	Sodium	115-460
Chromium	0.1	Sodium absorption ratio	< 10 (see note 1)
Copper	1.0	Total dissolved solids	500
Fluoride	1.0	Vanadium	0.1
Iron	1.0	Uranium	0.01
Lead	0.2	Zinc (soil pH < 6.5) Zinc (soil pH > 6.5)	1 5

NoteThe sodium absorption ratio (SAR) is SAR=Na+[(Ca2++Mg2+)/2], where concentrations of Na+, Ca2+ and Mg2+ are expressed in milli equivalents per L.

Group C (Organic quality)
Indicator	standard value (mg/L)
Atrazine	0.02
Chlordane	2
Dieldrin	0.5
Heptachlor	2
Metolachlor	0.5
Simazine	0.02

Table 4.8Ecosystem maintenance (AQUA/1)

Group A (Physical quality)
Indicator	standard value
Acidity (pH)	6.5-9 (see note 1)
Colour	(see note 2)
Suspended solids (mg/L)	12.5
Turbidity (NTU)	< 10

Note 1Changes must not be greater than 2 standard deviations outside the long-term mean value for the month in question, and total alkalinity must not drop below 25% of the long-term mean.
Note 2The combined effects of turbidity and colour must not reduce the depth of the compensation point for photosynthesis by more than 10% of the long-term mean levels for the month in question.

Group B (Biological quality)
Indicator	standard value
Chlorophyll a	10 mg/L
Cyanobacteria (floating)	5,000 cells per mL (absence of scums)

Group C (Inorganic chemicals)
Indicator	standard value (mg/L)	indicator	standard value (mg/L)
Aluminium (pH < 6.5) Aluminium (pH > 6.5)	5 100	Iron	300
Ammonia	See table 10	Lead	1
Antimony	30	Mercury	0.1
Arsenic	50	Nitrogen to phosphorus ratio	> 12
Beryllium	4	Nickel	25
Cadmium	0.2	Nitrite	60
Chlorine	2	Phosphorus (total)	40
Chromium	2	Selenium	1
Copper	2	Silver	0.1
Cyanide	5	Total dissolved solids	(see note 1)
Dissolved oxygen	> 6,000	Zinc	5

NoteTotal dissolved solids must not vary more than 2 standard deviations from the long-term mean.

Group D (Organic chemicals—pesticides)
indicator	standard value (ng/L)	indicator	standard value (ng/L)
Aldrin	10	DDE	14
Atrazine	2,000	DDT	1
Captan	2,800	Demeton	100
Chlordane	4	Dieldrin	2
Chlorpyrifos	1	Dinoseb	50
Cyanazine	2,000	Endosulfan	10
2,4-D	4,000	Endrin	2.3
Glyphosate	65,000	Metribuzin	1,000
Guthion	10	Mirex	1
Heptachlor	3	Parathion	4
Lindane	3	Picrolam	29,000
Malathion	70	Simazine	10,000
Methoxychlor	40	Toxaphene	8
Metolachlor	8,000
Group E (Organic chemicals—non-pesticide anthropogenic organics)
indicator	standard value (ng/L)
Acrolein	200
Chlorinated benzenes monochlorobenzene 1,2-dichlorobenzene 1,3-dichlorobenzene 1,4-dichlorobenzene 1,2,3,4-tetrachlorobenzene 1,2,3,5-tetrachlorobenzene 1,2,4,5-tetrachlorobenzene 1,2,3-trichlorobenzene 1,2,4-trichlorobenzene 1,3,5-trichlorobenzene pentachlorobenzene hexachlorobenzene	15,000 2,500 2,500 4,000 100 100 150 900 500 700 30 7
Chlorinated ethylenes tetrachloroethylene trichlorethylene	260,000 20
Chlorinated phenols monochlorophenol dichlorophenol tetrachlorophenol trichlorophenol pentachlorophenol	7,000 200 1,000 18,000 50
Halogenated aliphatic compounds hexachlorobutadiene	100
Halogenated methanes carbon tetrachloride chloroform dichloromethane (methylene chloride) trihalomethanes	13,000 2,000 98,000 50,000
Monocyclic aromatic hydrocarbons benzene ethylbenzene phenol toluene Oil and grease	300,000 140,000 1,000 300,000 not visible
Phthallate esters di-n-butylphthallate (DBP) di-(2-ethylhexyl)phthallate (DEHP) Other phthallate esters (not including DBP and DEHP)	4,000 600 200
Polychlorinated biphenyls	1
Polycyclic aromatic hydrocarbons	3,000

Group F (Organic chemicals—organometallics)
indicator	standard value (ng/L)
Tributyltin	8
Triphenyltin	20

Table 4.9Ecosystem maintenance (AQUA/2 to AQUA/7)

Unless otherwise provided by this table, the ambient environmental standards in relation to water quality for a waterway to which this table applies are the same as the standards specified in table 4.8.

indicator	standard value
AQUA/2 Rural streams and rivers	AQUA/3 Urban lakes and ponds	AQUA/4 Urban drains and streams	AQUA/5 Urban wetlands	AQUA/6 Forested mountain reservoirs	AQUA/7 Rural reservoirs
Acidity (pH)	6.5-9	6-9	6-9	6-9	6.5-9	6-9
Chlorophyll (mg/L)	No standard	< 10	No standard	< 10	< 2	< 5
Dissolved oxygen (mg/L)	> 4	> 4	> 6	> 4	> 6	> 4
Phosphorus (total) (mg/L)	100	100	100	100	40	100
Suspended solids (mg/L)	25	25	25	25	12.5	25
Turbidity (NTU)	< 10	< 30	< 10	< 30	< 10	< 30

Table 4.10Standard values for total ammonia related to ambient temperature and water acidity (table 4.8 refers)

temperature (°C)	0	5	10	15	20	25	30
acidity (pH units)	ammonia concentrations (mg/L)
6.50	2.5	2.4	2.2	2.2	1.49	1.04	0.73
6.75	2.5	2.4	2.2	2.2	1.49	1.04	0.73
7.00	2.5	2.4	2.2	2.2	1.49	1.04	0.74
7.25	2.5	2.4	2.2	2.2	1.5	1.04	0.74
7.50	2.5	2.4	2.2	2.2	1.5	1.05	0.74
7.75	2.3	2.2	2.1	2.0	1.4	0.99	0.71
8.00	1.53	1.44	1.37	1.33	0.93	0.66	0.47
8.25	0.87	0.82	0.78	0.76	0.54	0.39	0.28
8.50	0.49	0.47	0.45	0.44	0.32	0.23	0.17
8.75	0.28	0.27	0.26	0.27	0.19	0.16	0.11
9.00	0.16	0.16	0.16	0.16	0.13	0.10	0.08

NoteAvailable un-ionised or uncomplexed ammonia present is toxic to a wide range of aquatic organisms and varies with acidity (pH) and water temperature. Standard values for maximum total ammonia are detailed in the table. Levels for discharge of wastewaters containing ammonia must be based on the highest pH and highest ambient temperatures likely to be encountered throughout the year. Seasonal or other factors may be taken into account.

Table 4.11Secondary water quality standards for ecosystem maintenace (AQUA/1 to AQUA/7)

Group A (Physical quality)
indicator	standard value
Temperature (°C)	Temperature changes must not be more than 2 standard deviations from the long-term mean temperature for the relevant month

Group B (Loading criteria)
indicator	standard value
Sediment load (kg/y/river reach)	Murrumbidgee R., from Angle Crossing to Gudgenby R. junction	88,000
Murrumbidgee R., from Gudgenby junction to Point Hut Ck junction	166,000
Murrumbidgee R., from Point Hut junction to Kambah Pool	133,000
Murrumbidgee R., from Kambah Pool to Casuarina Sands	57,000
Murrumbidgee R., from Casuarina Sands to Uriarra Crossing	101,000
Murrumbidgee R., from Uriarra Crossing to Cusacks Crossing	66,000
Murrumbidgee R., from Cusacks Crossing to Halls Crossing	124,000
Murrumbidgee R., from Halls Crossing to Taemas Bridge	228,000
Molonglo R., from Burbong to Oaks Estate Bridge	39,000
Molonglo R., from Oaks Estate Bridge to Dairy Flat Bridge	19,000
Molonglo R., from Scrivener Dam to Coppins Crossing	20,000
Molonglo R., from Coppins Crossing to Sturt Island	25,000
Paddy’s R., from Flints Crossing to confluence with Cotter R.	4,800
Ginninderra Ck., from Ginninderra Dam to Murrumbidgee R.	9,800
Phosphorus (total) (kg/y)	Lake Burley Griffin	8,600
Lake Ginninderra	300
Lake Tuggeranong	600
Murrumbidgee R. at ACT border (proxy for Murrumbidgee Arm of Lake Burrinjuck)	83,200
Biochemical oxygen demand (kg/y)	Lake Burley Griffin	51,200
Lake Ginninderra	8,400
Lake Tuggeranong	5,600
Murrumbidgee R. at ACT border (proxy for Murrumbidgee Arm of Lake Burrinjuck)	110,600

Group C (Biological standards)
Water quality at a site will be considered to be impaired if species richness is more than 20% lower than at an appropriate reference site.
Water quality at a site will be considered to be impaired if there is a significant difference in ecosystem community structure from that at an appropriate reference site, as judged by Hocutt’s procedure or another appropriate statistical technique.

Group D (Sediment contaminants)
indicator	standard value
Pesticides	Sediment total pesticide concentrations must not be more than 2 standard deviations higher than the long term mean.
Heavy metals (Cd, Cu, Pb, As, Ni, Hg, Se and Zn)	Sediment heavy metal concentrations must not be more than 2 standard deviations higher than the long term mean.
Polycyclic aromatic hydrocarbons (PAHs)	Sediment PAH concentrations must not be more than 2 standard deviations higher than the long term mean.

Schedule 5Minor environmental offences

(see s 38)

Further offences, maximum penalties and on-the-spot fines
Definitions for sch 5
In this schedule:
stormwater means water run-off from an urban area that is normally collected by the stormwater system.
stormwater system means a system of pipes, gutters, drains, floodways and channels, being public works constructed to collect or transport stormwater in or through an urban area.

column 1	column 2	column 3	column 4
item	Offence	maximum penalty	on-the-spot fine
(penalty units)	($)
Stormwater protection
1	A person must not cause the discharge of stormwater from a sediment retention dam, footings or other stormwater retention area to receiving waters if the suspended solids concentration in that stormwater exceeds 60 mg/L.	10	250
2	The lessee of leased land or the owner of unleased land must cause the surface of any vehicle entrance or exit to or from the land to be kept in a stable condition by the application of concrete, gravel or other solid material to the surface of that entrance or exit.	10	175
3	A person who has substantial control over building work must cause the footpaths, gutters and roadways adjacent to the building site to be kept clear of soil, sand, building materials and waste.	10	100
4	A person must not place soil, sand, building materials or waste from a building site in the stormwater system or waterway.	10	100
5	A person must not cause run-off from the washing of a vehicle, equipment or other thing to enter the stormwater system, if the washing of the vehicle, equipment or other thing is in the course of, or incidental to, the carrying on of a commercial activity.	10	100
6	A person must not cause run-off from the washing of a vehicle, equipment or other thing on premises at which the vehicle, equipment or other thing is ordinarily kept to enter the stormwater system, if the washing is not in the course of, or incidental to, the carrying on of a commercial activity and there is, on those premises— (a) access to a grassed or gravelled area on which to wash the vehicle, equipment or other thing from which the run-off does not flow directly into the stormwater system; or (b) an area identified as one in which a vehicle, equipment or other thing may be washed.	10	100
7	A person must not cause any of the following substances to enter the stormwater system: (a) paint; (b) automotive fuels, oils or greases; (c) cooking fats or oils; (d) degreasers; (e) detergents; (f) animal wastes; (g) food wastes; (h) other waste.	10	175
8	A person must not leave unattended any of the following substances within 10m of a drain or other point of entry of the stormwater system, if the substance is exposed to rain or run‑off, unless the substance is contained in a watertight container: (a) paint; (b) automotive fuels, oils or greases; (c) cooking fats or oils;	10	100
(d) degreasers; (e) detergents; (f) animal wastes; (g) food wastes; (h) other waste.
Hazardous materials
9	A person must not store or use a registered or permitted agvet chemical product other than in a manner authorised by the NRA.	10	100
Noise
10	A person must not cause to be emitted from a parcel of land in a noise zone noise at a level that exceeds that permitted under the Act.	10	100

Dictionary

(see s 2)

affected land means a parcel of land (whether inside or outside the Territory) a person on which is affected by excessive noise, but does not include—
(a)if the noise is being emitted from a parcel of leased land—that land; or
(b)a road, footpath or cycleway.
affected occupier means an occupier of affected land and, in relation to affected land that is—
(a)unleased land; or
(b)public land within the meaning of the Crown Lands Act 1989 (NSW), section 153;
and includes a person who is lawfully on that land.
agvet chemical product means—
(a)an agricultural chemical product within the meaning of the Agvet Code; or
(b)a veterinary chemical product within the meaning of the Agvet code.
Agvet Code means the Agricultural and Veterinary Chemicals Code as in force for the time being under the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth).
approval, in relation to an activity, means a licence, lease, permit or other instrument (however described) under a territory law authorising the conduct of the activity on specified public land.
building work means building work for which a building approval under the Building Act 2004, part 3 is required.
built-up area—see the Emergencies Act 2004, dictionary.
CFC means a chlorofluorocarbon mentioned in the Ozone Protection Act 1989 (Cwlth), schedule 1, part 1, whether existing alone or in a mixture.
chimney means a structure or opening designed to permit the emission of pollutants into the air from premises, whether or not the chimney is structurally part of the premises.
compliance location—see section 25.
essential service means the provision of electricity or any other service that is prescribed as an essential service under the Essential Services (Continuity of Supply) Act 1992.
excessive noise means noise that, under section 27, is taken to have an adverse impact on the environment.
halon means a halon mentioned in the Ozone Protection Act 1989 (Cwlth), schedule 1, part 2, whether existing alone or in a mixture.

HCFC means a hydrochlorofluorocarbon mentioned in the Ozone Protection Act 1989 (Cwlth), schedule 1, part 5, whether existing alone or in a mixture.
methyl chloroform means the substance mentioned in the Ozone Protection Act 1989 (Cwlth), schedule 1, part 4.
national emission guidelines means the guidelines called the ‘National guidelines for control of emission of air pollutants from new stationary sources 1985’ published by or on behalf of the Australian Environment Council and the National Health and Medical Research Council.
noise zone, in relation to a parcel of land to which a land use policy mentioned in schedule 2, table 2.1, column 2 applies, means the noise zone mentioned in column 1 opposite that land use policy.
non-scheduled PCB material means any material that contains PCBs in a measure that is less than the threshold concentration or threshold quantity but is greater than 2mg per kg.
NRA means the National Registration Authority for Agricultural and Veterinary Chemicals under the Agricultural and Veterinary Chemicals (Administration) Act 1992 (Cwlth).
NSW Authority means the Environment Protection Authority under the Protection of the Environment Administration Act 1991 (NSW).
NSW Noise Control Act means the Noise Control Act 1975 (NSW).
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

NSW noise control manual means—
(a)the manual called the ‘Environmental Noise Control Manual’, published by or on behalf of the NSW Authority, as varied and in force for the time being; and
(b)if the manual has been replaced by an equivalent publication—that publication, as varied and in force for the time being.
PCB means a polychlorinated biphenyl with the chemical formula C12H10-nCln, where n is any whole number in the range from and including 1 to and including 10.
PCB material means scheduled or non-scheduled PCB material.
permitted agvet chemical product means an agvet chemical product that is the subject of a permit under the Agvet Code, part 7.
premises includes vacant land, vehicles, vessels and aircraft.
protocol means a national environment protection protocol within the meaning of the national scheme laws, and includes a national environment protection protocol in a national environment protection measure made by the National Environment Protection Council and in force from time to time under those laws.
registered agvet chemical product means an agvet chemical product that is registered under the Agvet Code, part 2.
scheduled PCB material means any material that contains PCBs in a measure that is equal to or greater than the threshold concentration and threshold quantity.
seasoned firewood means firewood that contains not more than 20% moisture.
sole occupancy unit means a part of a building for which a person has an exclusive right of occupation.
standard means a national environment protection standard within the meaning of the national scheme laws, and includes a national environment protection standard in a national environment protection measure made by the National Environment Protection Council and in force from time to time under those laws.
threshold concentration means a concentration of PCB material at 50mg per kg.
threshold quantity means 50g of PCB material.
zone noise standard, in relation to noise being emitted in a noise zone during a period mentioned in schedule 2, table 2.1, column 3A, 3B, 3C or 3D, means the zone noise standard mentioned in the column for the noise zone.

Endnotes

About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key

am = amended ord = ordinance

amdt = amendment orig = original

ch = chapter par = paragraph/subparagraph

def = definition pres = present

dict = dictionary prev = previous

disallowed = disallowed by the Legislative (prev...) = previously

Assembly pt = part

div = division r = rule/subrule

exp = expires/expired renum = renumbered

Gaz = gazette reloc = relocated

hdg = heading R[X] = Republication No

IA = Interpretation Act 1967 RI = reissue

ins = inserted/added s = section/subsection

LA = Legislation Act 2001 sch = schedule

LR = legislation register sdiv = subdivision

LRA = Legislation (Republication) Act 1996 sub = substituted

mod = modified/modification SL = Subordinate Law

o = order underlining = whole or part not commenced

om = omitted/repealed or to be expired

Legislation history
This regulation was originally the Environment Protection Regulations. It was renamed under the Legislation Act 2001.
Environment Protection Regulation 1997 No 36
notified 2 December 1997 (Gaz No S388)
s 1, s 2 commenced 2 December 1997 (s 2 (1))
remainder commenced 1 June 1998 (s 2 (2) and Gaz 1998 No S124)
as amended by
Legislative Assembly
notified 22 January 1998 (Gaz 1998 No S50)
commenced 22 January 1998 (SLA s 6 (13))
Building Amendment Act (No 2) 1998 No 52 sch
notified 16 November 1998 (Gaz No S205)
ss 1-3 commenced 16 November 1998
sch commenced 4 January 1999 (Gaz 1999 No S1)
Road Transport Legislation Amendment Act 1999 No 79 sch 4
notified 23 December 1999 (Gaz No S65)
commenced 1 March 2000 (s 2 and Gaz 2000 No S5)
Environment Protection Regulations Amendment 2000 No 18
notified 31 March 2000 (Gaz 2000 No S11)
commenced 31 March 2000 (s 1)
Environment Protection (Legislation) Regulations 2000 No 36 pt 3
notified 21 September 2000 (Gaz 2000 No 38)
commenced 21 September 2000 (s 2)
Environment Protection Legislation Amendment Act 2000 No 55 pt 3
notified 5 October 2000 (Gaz 2000 No 40)
s 1, s 2 commenced 5 October 2000 (IA s 10B)
pt 3 (s 5, s 6) commenced 5 April 2001 (IA s 10E)
Environment Protection Regulations Amendment SL 2001 No 9 pt 3
notified 5 April 2001 (Gaz 2001 No 14)
s 1 commenced 5 April 2001 (IA s 10B)
pt 3 (regs 6-9) commenced 5 April 2001 (s 1)
Unit Titles Consequential Amendments Act 2001 No 17 sch 3
notified 5 April 2001 (Gaz 2001 No 14)
s 1, s 2 commenced 5 April 2001 (IA s 10B)
sch 3 commenced 5 October 2001 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 pt 131
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 131 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)
Construction Occupations Legislation Amendment Act 2004

A2004-13 sch 2 pt 2.11
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))

sch 2 pt 2.11 commenced 1 September 2004 (s 2 and see Construction Occupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8)
Emergencies Act 2004 A2004-28 pt 3.10
notified LR 29 June 2004
s 1, s 2 commenced 29 June 2004 (LA s 75 (1))
pt 3.10 commenced 1 July 2004 (s 2 (1) and CN2004-11)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.20
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.20 commenced 2 June 2005 (s 2 (1))
as repealed by
Environment Protection Regulation 2005 SL2005-38 s 70
notified LR 17 November 2005
s 1, s 2 commenced 17 November 2005 (LA s 75 (1))
s 70 commenced 18 November 2005 (s 2 and LA s 73 (3)))
Amendment history
Name of regulation
s 1sub 2000 No 36 s 5
am R6 LA
Dictionary
s 2sub 2000 No 36 s 5
am Act 2001 No 44 amdt 1.1553
Interpretation
s 3sub 2000 No 36 s 5
def affected land am 2000 No 18 s 3
def affected occupier am 2000 No 18 s 3
def building work am Act 1998 No 52 sch
def threshold concentration am 2000 No 18 s 3
def threshold quantity am 2000 No 18 s 3
def zone noise standard am 2000 No 18 s 3
Preliminary
div 2.1 hdg(prev pt 2 div 1 hdg) renum R2 LA
Emissions
div 2.2 hdg(prev pt 2 div 2 hdg) renum R2 LA
Motor vehicles
s 8am Act 1999 No 79 sch 4; Act 2001 No 44 amdt 1.1554, amdt 1.1555
Lighting of fires
div 2.3 hdg(prev pt 2 div 3 hdg) renum R2 LA
Open-air fires
s 12am Act 2001 No 44 amdts 1.1556-1.1558
Agvet chemical products
div 3.1 hdg(prev pt 3 div 1 hdg) renum R2 LA
Entry of Agvet chemical products into environment
s 15sub 2000 No 18 s 4
Controlled pollutants
div 3.1A hdg (prev pt 3 div 1A hdg) ins 2000 No 18 s 4
renum R2 LA
Prescribed pollutant—controlled waste
s 15Ains 2000 No 18 s 4
Ozone-depleting substances
div 3.2 hdg(prev pt 3 div 2 hdg) renum R2 LA
Meaning of discarded domestic article
s 16def discarded domestic article am 2000 No 18 s 5
Polychlorinated biphenyls (PCBs)
div 3.3 hdg(prev pt 3 div 3 hdg) renum R2 LA
Transport of controlled waste
div 3.4 hdg(prev pt 3, div 4 hdg) ins 2000 No 18 s 6
renum R2 LA
Interpretation for div 3.4
s 23Ains 2000 No 18 s 6
Application
s 23Bins 2000 No 18 s 6
Consignment authority
s 23Cins 2000 No 18 s 6
Required information
s 23Dins 2000 No 18 s 6
Records
s 23Eins 2000 No 18 s 6
Notification about receipt of controlled waste
s 23Fins 2000 No 18 s 6
Interpretation
div 4.1A hdg (prev pt 4 div 1A hdg) ins 2000 No 18 s 7
renum R2 LA
Definitions for pt 4
s 23Gins 2000 No 18 s 7
def unit sub Act 2001 No 17 amdt 3.2
def units plan sub Act 2001 No 17 amdt 3.2; A2005-20 amdt 3.151
Measuring noise levels
div 4.1 hdg(prev pt 4 div 1 hdg) renum R2 LA
Procedures for taking measurements
s 24am Act 2001 No 44 amdt 1.1559, amdt 1.1560
Measurements to be taken at compliance location
s 25am 2000 No 18 s 8; Act 2001 No 44 amdt 1.1561, amdt 1.1562
Excessive noise levels
div 4.2 hdg(prev pt 4 div 2 hdg) renum R2 LA
Noise levels exceeding zone noise standards
s 27am 2000 No 18 s 9
Complaint must be made by affected person
s 31am 2000 No 18 s 10; Act 2001 No 44 amdt 1.1563, amdt 1.1564
Sale and hire of articles
div 4.3 hdg(prev pt 4 div 3 hdg) renum R2 LA
Sale or hire of articles
s 32am 2000 No 18 s 11
def relevant NSW noise control legislation sub 2001 No 44 amdt 1.1565
No offence committed
s 39am Act 2001 No 44 amdt 1.1566, amdt 1.1567
Conditions of environmental authorisation—firewood
s 39Ains Act 2000 No 55 s 6
am 2001 No 9 regs 7and 8
Sampling and analysis of pollutants other than noise
s 40am Act 2001 No 44 amdt 1.1568, amdt 1.1569
Open-air fires—purposes and conditions
sch 1am A2004-28 amdts 3.26-3.28
Noise—standards and conditions
sch 2am Legislative Assembly (see Gaz 1998 No S50 p 10); Act 1999 No 79 sch 4; 2000 No 18 s 12; Act 2001 No 44 amdt 1.1570, amdt 1.1571; tables renum R6 LA
Pollutants entering waterways
sch 3tables renum R6 LA
Water quality standards
sch 4tables renum R6 LA
Dictionary
dictins 2000 No 36 s 6
def Act om Act 2001 No 44 amdt 1.1572
def building work sub A2004-13 amdt 2.45
def built-up area sub A2004-28 amdt 3.29
def NSW Noise Control Act sub Act 2001 No 44 amdt 1.1573
def seasoned firewood ins 2001 No 9 s 9
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No

Amendments to

Republication date

1 SL 2000 No 18 12 June 2000

2 Act 2001 No 55 12 September 2001

3 A2001-55 5 October 2001

4 A2004-28 1 July 2004

5 A2004-28 1 September 2004

6 A2004-28 4 November 2004

7 A2005-20 2 June 2005

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Citations

Environment Protection Regulation 1997 (ACT)

Cases Citing This Decision

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Statutory Material Cited

0

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

Republication No	Amendments to	Republication date
1	SL 2000 No 18	12 June 2000
2	Act 2001 No 55	12 September 2001
3	A2001-55	5 October 2001
4	A2004-28	1 July 2004
5	A2004-28	1 September 2004
6	A2004-28	4 November 2004
7	A2005-20	2 June 2005