Environment Protection Regulation 2005 (ACT)

Case

Environment Protection Regulation 2005   

SL2005-38

made under the

Environment Protection Act 1997

Republication No 44

Effective:  16 November 2025

Republication date: 16 November 2025

Last amendment made by A2025‑29

About this republication

The republished law

This is a republication of the Environment Protection Regulation 2005, made under the Environment Protection Act 1997 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 November 2025It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 November 2025. 

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 includes amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

    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 the Legislation Act 2001, section 95.

    Penalties

    At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

    Environment Protection Regulation 2005

    made under the

    Environment Protection Act 1997

    Contents

    Page

    Part 1      Preliminary

    1            Name of regulation  2

    3            Dictionary  2

    4            Notes  2

    5Offences against regulation—application of Criminal Code etc 3

    Part 2      Emissions into the air

    Division 2.1              Application of pt 2

    6            Application of pt 2 to tobacco products  4

    Division 2.2              Chimney emissions causing environmental harm

    7           Meaning of national emission guidelines for div 2.2  4

    8            Chimney emissions—pollutants taken to cause environmental harm—Act, s 5 (a)       5

    Division 2.3              Open-air fires

    9            Open-air fires prohibited except in certain circumstances  5

    Division 2.4              Burning, fires and firewood

    10          Burning certain substances requires environmental authorisation           6

    11          Fire bans in bad weather  8

    12          Indoor fires prohibited unless harm minimised  9

    13          Pollutants emitted from fires—exception for certain fires—Act, s 143 and s 166 (5)     9

    14          Conditions for sale or supply of firewood  10

    14A         Unapproved sale or supply of painted etc firewood—offence               12

    Division 2.4A            Solid fuel-burning equipment

    14B         Minimum overall average efficiency—Act, sch 2, s 2.4 (3) (a) (ii)           12

    14C         Maximum appliance particulate emission factor—Act, sch 2, s 2.4 (3) (b) (ii) 12

    Division 2.5              Air-filtration plants

    15          Filters in air-filtration plants  13

    Division 2.6              Balloons

    16          Release of 20 or more balloons prohibited  14

    17          Balloons—exception if balloons not outside  15

    18          Balloons—exception for hot-air balloons  15

    19          Balloons—exception for science  15

    Division 2.7              Pollutants emitted from motor vehicles

    20          Motor vehicle emissions not taken to cause environmental harm           16

    Part 3      Noise

    Division 3.1              Interpretation for pt 3

    21          Definitions for pt 3  17

    22          Meaning of affected place  18

    23          Meaning of noise zone  19

    24          Meaning of noise standard  19

    Division 3.2              Noise causing environmental harm

    25          Noise taken to cause environmental harm—Act, s 5 (a)  21

    26          Noise—exception for protecting life or property  21

    27          Noise—exception for reducing environmental harm  22

    28          Noise—exception if allowed by approval  22

    29          Noise—other exceptions  22

    Division 3.3              Measuring noise

    29A         Noise measurement manual  22

    30          Measurements to be taken at compliance point  23

    31          Taking measurements of noise  23

    32          Compliance point—general rule for leased land  23

    33          Compliance point—general rule for unleased land  24

    34          Compliance point—exception for environmental protection agreement     24

    35          Compliance point—exception for environmental authorisation              24

    36          Compliance point—exception for public land with approval                 25

    37          Compliance point—exception for leased land with boundary with different noise zone   25

    38          Compliance point—exception for units, common wall properties and subleases         25

    Division 3.4              Noise offences

    39          Offence to make noise louder than noise standard  26

    40          Sale and hiring of things  27

    Part 4      Water

    Division 4.1              Environmental values

    41          Environmental values of waterways for pt 4, sch 3 and sch 4               29

    42          Certain pollutants taken to cause environmental harm—Act, s 5 (b)       29

    43          Ambient environmental standards for waterways  30

    Division 4.2              Protection of waterways

    44          Pollution of waterways  30

    45          Development waste not to enter stormwater system or waterways        31

    46          Areas near development to be kept clear  31

    47          Entries to and exits from land to be kept stable  31

    48          Washing vehicles etc—commercial activity  32

    49          Washing vehicles etc—non-commercial activity  32

    50          Discharge of stormwater into receiving waters  33

    Part 5      Polychlorinated biphenyls (PCBs)

    51          Definitions for pt 5  34

    52          PCBs taken to cause environmental harm—Act, s 5 (b)  34

    Part 6      Agvet chemical products

    Division 6.1              Interpretation

    53          Definitions—pt 6  35

    53A         Using registered agvet chemical product in accordance with instructions  36

    53B         Agvet permits—eligible laws for agvet code  36

    Division 6.2              Agvet chemical products causing environmental harm

    54          Agvet chemical products taken to cause environmental harm—Act, s 5 (b) 37

    Division 6.3              Using agvet chemical products

    55          Use of agricultural chemical products  37

    55A         Use of veterinary chemical products  38

    55B         Recording use of agricultural chemical products  39

    Division 6.4              Training requirements for use of certain agvet chemical products

    55C         Definitions—div 6.4  41

    55D         Declared agvet chemical products  41

    55E         Approved VET course units of competency  42

    55F         Training—use of declared liquid fumigants  42

    55G         Training—use of declared vertebrate poisons  43

    55H         Training—use of declared avicides  44

    55I         Training—use of declared industrial timber treatments  45

    55J         Training—use of declared termiticides  45

    55K         Training—use of other agricultural chemical products containing schedule 7 poisons   46

    55L         Training—use of registered veterinary chemical products containing schedule 7 poisons       47

    Part 7      Controlled waste

    Division 7.1              Interpretation

    56          Definitions for pt 7  49

    Division 7.2              Movement of controlled waste between states

    57          Application of div 7.2  51

    58          Consignment authorisation for controlled waste  52

    59          Information to accompany controlled waste  52

    60          Records of movement of controlled waste  53

    61          Notification of receipt of controlled waste  54

    Division 7.3              Controlled waste taken to cause environmental harm

    62          Controlled waste taken to cause environmental harm—Act, s 5 (b)       54

    Part 8      Sampling and analysis of pollutants

    63          Application of pt 8  55

    64          People who may conduct analysis  55

    65          Procedures and protocols  56

    66          What is a recognised entity?  56

    Part 8A    Erosion and sediment control measures for development sites

    66A         Meaning of erosion and sediment control measures—pt 8A                58

    66B         Development sites 0.3ha or greater  58

    66C         Development sites less than 0.3ha  58

    Part 9      Miscellaneous

    70          Entity to be consulted—Act, s 25 (5)  60

    Schedule 1 Exceptions—chimney emissions and open-air fires  61

    Part 1.1    Chimney emissions  61

    Part 1.2    Open-air fires  63

    Schedule 2 Noise zones, noise standards and conditions     65

    Part 2.1    Noise zones  65

    2.1          Definitions for pt 2.1  65

    Part 2.2    Noise standards  70

    Part 2.3    Noise conditions  72

    2.2          Interpretation for pt 2.3  72

    Schedule 3 Pollutants entering waterways taken to cause environmental harm  83

    Part 3.1    Domestic water supply quality (DOM1/2/3)  83

    Part 3.2    Water-based recreation—swimming (REC/1) or boating (REC/2)         92

    Part 3.3    Waterscape (VIEW)  93

    Part 3.4    Stock water supply (STOCK)  94

    Part 3.5    Irrigation water supply—(IRRIG)  96

    Part 3.6    Aquatic habitat—mountain streams (AQUA/1), lowland streams (AQUA/2), urban lakes and ponds (AQUA/3), urban drains and streams (AQUA/4), urban wetlands (AQUA/5), or mountain reservoirs (AQUA/6)  98

    Schedule 4 Ambient environmental standards  103

    Part 4.1    Domestic water supply—fully treated (TAP)                103

    Part 4.2    Domestic water supply (DOM1/2/3)  113

    4.1          Ambient environmental standards to which table 4.2 applies              113

    Part 4.3    Water-based recreation—swimming (REC/1) or boating (REC/2)         114

    Part 4.4    Waterscape (VIEW)  116

    Part 4.5    Stock water supply (STOCK)  117

    Part 4.6    Irrigation water supply (IRRIG)  120

    4.2          Faecal coliforms—IRRIG  120

    4.3          Sodium absorption ratio  120

    Part 4.7    Aquatic habitat—mountain streams (AQUA/1), lowland streams (AQUA/2), urban lakes & ponds (AQUA/3), urban drains and streams (AQUA/4), urban wetland (AQUA/5), mountain reservoirs (AQUA/6)  123

    4.4          Acidity  123

    4.5          Colour and turbidity  123

    4.6          Total dissolved solids  123

    4.7          Ammonia levels  124

    Part 4.8    Secondary ambient environmental standards              131

    4.8          Temperature  131

    4.9          Biological standards  131

    Dictionary134

    Endnotes

    1            About the endnotes  142

    2            Abbreviation key  142

    3            Legislation history  143

    4            Amendment history  150

    5            Earlier republications  160

    6            Expired transitional or validating provisions  163

    Environment Protection Regulation 2005

    made under the

    Environment Protection Act 1997

    Part 1Preliminary

    1. Name of regulation

      This regulation is the Environment Protection Regulation 2005.

    2. 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, section 6A.’ means that the term ‘built-up area’ is defined in that section 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)).

    3. Notes

      A note included in this regulation is explanatory and is not part of this regulation.

      NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

    4. Offences against regulation—application of Criminal Code etc

      Other legislation applies in relation to offences against this regulation.

      Note 1Criminal Code

      The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

      The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

      Note 2Penalty units

      The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

    Part 2Emissions into the air

    Division 2.1               Application of pt 2

    Note 1The Act does not apply to a pollutant emitted into the air by—

    (a)a light rail vehicle or other train; or

    (b)a Commonwealth jurisdiction aircraft; or

    (c)a person using only the person’s body; or

    (d)an animal; or

    (e)a motor vehicle being driven on a road, unless it—

    (i)is being driven on the road to conduct reliability trials or speed tests; and

    (ii)has been exempted under the road transport legislation from the provisions of that legislation about attaching silencers to the exhaust pipes of motor vehicles, rules of the road and speed limits during the trials or tests (see Act, s 8 (1)).

    Note 2A 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).

    1. Application of pt 2 to tobacco products

      This part does not apply to the lighting or smoking of a cigar, cigarette or pipe.

    Division 2.2               Chimney emissions causing environmental harm

    1. Meaning of national emission guidelines for div 2.2

      In this division:

      national emission guidelines means the guidelines called the ‘National guidelines for control of emission of air pollutants from new stationary sources 1985’ published by the Australian Environment Council and the National Health and Medical Research Council, as in force immediately before it was rescinded.

    2. Chimney emissions—pollutants taken to cause environmental harm—Act, s 5 (a)

      (1)This section applies to a pollutant mentioned in the national emission guidelines, table 1 or table 2 that is emitted into the air through a chimney.

      (2)The pollutant is taken to cause environmental harm if the amount of the pollutant emitted into the air from a source stated in the guidelines for the pollutant is more than the standard stated in the guidelines for the source.

      (3)Subsection (2) does not apply if the pollutant is emitted in the circumstances mentioned in schedule 1, part 1.1 (Chimney emissions), column 2 in accordance with the conditions (if any) mentioned in schedule 1, part 1.1, column 3 for the activity.

    Division 2.3               Open-air fires

    1. Open-air fires prohibited except in certain circumstances

      (1)A person commits an offence if the person lights, uses or maintains a fire in the open air.

      Maximum penalty:  5 penalty units.

      NoteThe Emergencies Act 2004 contains an offence about lighting etc fire during total fire ban (see s 116).

      (2)Subsection (1) does not apply to the person if the person lights, uses or maintains the fire for an activity mentioned in schedule 1, part 1.2 (Open-air fires), column 2 in accordance with the conditions (if any) mentioned in schedule 1, part 1.2, column 3 for the activity.

      NoteThe defendant has the evidential burden of establishing the matters mentioned in s (2) (see Criminal Code, s 58).

      (3)Subsection (1) does not apply to a fire to which the Act, schedule 1, section 1.2, table, item 28 relates.

      NoteItem 28 relates to burning plant matter to reduce a fire hazard, to clear land or to conserve biological diversity or ecological integrity. For offences in relation to these activities, see the Act, pt 8 (Environmental authorisations).

      (4)An offence against this section is a strict liability offence.

    Division 2.4               Burning, fires and firewood

    1. Burning certain substances requires environmental authorisation

      (1)A person commits an offence if the person—

      (a)burns 1 or more of the following substances:

      (i)a synthetic plastic or other synthetic polymer;

      (ii)wood that—

      (A)is painted, chemically treated or contaminated with a chemical; and

      (B)has not been approved for sale or supply by the authority and chief health officer;

      (iii)a chemical other than a chemical recommended by the manufacturer as fuel for a fire; and

      (b)either—

      (i)does not have an environmental authorisation for burning the substance; or

      (ii)has an environmental authorisation for burning the substance, but the burning is not in accordance with the authorisation.

      Maximum penalty:  10 penalty units.

      NoteEnvironmental authorisations are dealt with in the Act, pt 8.

      (2)Subsection (1) does not apply to anything required to be done under the Biosecurity Act 2023.

      (3)A person commits an offence if the person—

      (a)burns 1 or more of the following substances:

      (i)waste;

      (ii)unseasoned wood; and

      (b)either—

      (i)does not have an environmental authorisation for burning the substance; or

      (ii)has an environmental authorisation for burning the substance, but the burning is not in accordance with the authorisation.

      Maximum penalty:  10 penalty units.

      (4)Subsection (3) does not apply—

      (a)to burning paper or cardboard for the purpose of starting a fire; or

      (b)to anything required to be done under the Biosecurity Act 2023; or

      (c)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 the land if—

      (i)the waste is waste as a result of the person being the resident of the land; and

      (ii)the burning happens on that land.

      (5)An offence against this section is a strict liability offence.

    2. Fire bans in bad weather

      (1)This section applies if the Minister is satisfied that the existing or forecasted weather conditions mean a fire would—

      (a)cause excessive environmental harm; or

      (b)unnecessarily increase pollutants in the air.

      (2)The Minister may, in writing, declare that the lighting, using or maintaining of a fire in the open air is prohibited for the period stated in the declaration.

      (3)A declaration may be expressed to apply to all or part of the ACT.

      (4)The declaration must be—

      (a)notified in a public notice; or

      (b)broadcast in the ACT by a national or commercial broadcasting service.

      NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).

      (5)A person commits an offence if the person contravenes a declaration.

      Maximum penalty:  10 penalty units.

      (6)Subsection (5) does not apply if the person had a reasonable excuse.

      (7)This section does not apply to a fire only for cooking or heating food or drink.

      (8)An offence against this section is a strict liability offence.

    1. Indoor fires prohibited unless harm minimised

      (1)A person commits an offence if the person lights, uses or maintains a fire in a place other than in the open air.

      Maximum penalty:  5 penalty units.

      (2)Subsection (1) does not apply if—

      (a)the person takes all steps that are practicable and reasonable to prevent any environmental harm caused, or likely to be caused, by the emission of pollutants into the air from the fire; or

      (b)if prevention is not reasonably practicable—the person takes all steps that are practicable and reasonable to minimise any environmental harm caused, or likely to be caused, by the emission of pollutants into the air from the fire.

      (3)An offence against this section is a strict liability offence.

    2. Pollutants emitted from fires—exception for certain fires—Act, s 143 and s 166 (5)

      A pollutant being emitted into the air from a fire is not taken to cause environmental harm unless burning the substance burned in the fire, or the lighting, using or maintaining of the fire, is an offence against any of the following sections:

      (a)section 9 (Open-air fires prohibited except in certain circumstances);

      (b)section 10 (Burning certain substances requires environmental authorisation);

      (c)section 11 (Fire bans in bad weather);

      (d)section 12 (Indoor fires prohibited unless harm minimised).

    3. Conditions for sale or supply of firewood

      (1)This section applies to a person who—

      (a) sells or supplies firewood in the ACT unless—

      (i)the quantity of firewood sold or supplied is less than 100kg; or

      (ii)the firewood is sold under a scheme in which an annual fee is paid for the right to collect waste softwood in pine plantations; or

      (b)prepares firewood for sale or supply in the ACT.

      (2)The following conditions apply to the preparation, sale or supply of firewood by the person:

      (a)if practicable, each buyer must be offered a choice of mixed wood loads;

      (b)wood must be offered and supplied by weight, not by volume;

      (c)each buyer must be given a written statement of the weight of the load supplied;

      (d)if the load is a mixed wood load—the buyer must be given a written statement of the approximate weight of hardwood and softwood in the load;

      (e)unseasoned wood must not be supplied;

      (f)each buyer must be given a pamphlet supplied by the environment protection authority that sets out recommended wood burning practices and encourages compliance with those practices;

      (g)each buyer must be given the following information:

      (i)the common name and species (if known) of the wood;

      (ii)the place from which the wood was originally taken;

      (iii)the kind of wood;

      Examples—par (g) (i)

      box, gum, pine

      Examples—par (g) (ii)

      ACT pine forests, Cowra

      Example—par (g) (iii)

      residue from forestry processing operations of native forest timber

      (h)an annual report for a reporting year must be given to the environment protection authority by 31 January in the year following the reporting year;

      (i)wooden sleepers must only be obtained from a wholesaler who supplies sleepers in the ACT with the agreement of the chief health officer and the environment protection authority;

      (j)the sale or supply of wooden sleepers must be accompanied by an information sheet, agreed with the environment protection authority, about the risks of burning sleepers, including that sleepers should not be burnt in open fires or for cooking.

      (3)A person commits an offence if the person—

      (a)prepares firewood for sale or supply; and

      (b)fails to comply with a condition mentioned in subsection (2).

      Maximum penalty:  10 penalty units

      (4)A person commits an offence if the person—

      (a)sells or supplies firewood; and

      (b)fails to comply with a condition mentioned in subsection (2).

      Maximum penalty:  10 penalty units

      (5)An offence against this section is a strict liability offence.

      (6)In this section:

      prepare, firewood for sale or supply, means cut, store or season the firewood.

      reporting year means 1 January to 31 December.

    14AUnapproved sale or supply of painted etc firewood—offence

    (1)A person commits an offence if the person—

    (a)sells or supplies firewood that is painted, chemically treated or contaminated with a chemical; and

    (b)does not have the written agreement of the environment protection authority and the chief health officer to sell or supply the firewood.

    Maximum penalty:  10 penalty units.

    (2)An offence against this section is a strict liability offence.

    Division 2.4A            Solid fuel-burning equipment

    14BMinimum overall average efficiency—Act, sch 2, s 2.4 (3) (a) (ii)

    The prescribed minimum overall average efficiency is 60%.

    14CMaximum appliance particulate emission factor—Act, sch 2, s 2.4 (3) (b) (ii)

    The prescribed maximum appliance particulate emission factor is—

    (a)for a heater without a catalytic combustor—1.5g/kg; and

    (b)for a heater with a catalytic combustor—0.8g/kg.

    Division 2.5               Air-filtration plants

    1. Filters in air-filtration plants

      (1)An occupier of premises commits an offence if—

      (a)the premises contains an air-filtration plant; and

      (b)the air-filtration plant vents into the air; and

      (c)the air-filtration plant is operating; and

      (d)the occupier removes a filter from the plant.

      Maximum penalty:  10 penalty units.

      (2)An occupier of premises commits an offence if—

      (a)the premises contains an air-filtration plant; and

      (b)the air-filtration plant vents into the air; and

      (c)the occupier does not adequately maintain a filter in the plant.

      Maximum penalty:  10 penalty units.

      (3)An offence against this section is a strict liability offence.

    Division 2.6               Balloons

    1. Release of 20 or more balloons prohibited

      (1)A person commits an offence if—

      (a)the person releases 20 or more balloons at or about the same time; and

      (b)20 or more of the balloons are inflated with a gas that causes them to rise.

      Maximum penalty:  10 penalty units.

      NoteA reference to an offence against a territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189). This means an offence under this section also covers the offence of inciting the offence or conspiring to commit the offence.

      (2)An offence against this section is a strict liability offence.

      (3)In a prosecution for an offence against this section—

      (a)it is not necessary for the prosecution to establish the exact number of balloons released; and

      (b)evidence that a balloon rose after being released is, in the absence of any evidence to the contrary, evidence that the balloon was inflated with a gas that caused it to rise.

      (4)This section is subject to the following sections:

      (a)section 17 (Balloons—exception if balloons not outside);

      (b)section 18 (Balloons—exception for hot-air balloons);

      (c)section 19 (Balloons—exception for science).

      NoteA person charged with an offence against s (1) has the evidential burden of proving anything mentioned in s 17, s 18 or s 19 (see Criminal Code, s 58).

    2. Balloons—exception if balloons not outside

      Section 16 does not apply to the release of balloons if the balloons are released inside a building or structure and do not make their way into the open air.

    3. Balloons—exception for hot-air balloons

      Section 16 does not apply to the release of balloons if the balloons are hot-air balloons that are recovered after landing.

    4. Balloons—exception for science

      (1)Section 16 does not apply to the release of balloons if the balloons are released for—

      (a)a meteorological purpose; or

      (b)another scientific purpose approved under subsection (2).

      (2)The environment protection authority may approve a scientific purpose for the release of balloons if the authority is satisfied that the purpose to be achieved by the release of the balloons is proportional to the damage likely to be caused to the environment by the release.

      (3)An approval is a notifiable instrument.

    Division 2.7               Pollutants emitted from motor vehicles

    1. Motor vehicle emissions not taken to cause environmental harm

      A pollutant being emitted into the air from a motor vehicle to which the Act applies is not taken to cause environmental harm if the motor vehicle complies with the Road Transport (Vehicle Registration) Act 1999.

      Note 1The Act applies to a pollutant emitted into the air by a motor vehicle being driven on a road only if the motor vehicle—

      (a)is being driven on the road for the purpose of conducting reliability trials or speed tests; and

      (b)has been exempted under the road transport legislation from the provisions of that legislation about attaching silencers to the exhaust pipes of motor vehicles, rules of the road and speed limits during the trials or tests (see Act, s 8 (1) (e)).

      Note 2A 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 3Noise

    Note 1The Act does not apply to noise made by—

    (a)a light rail vehicle or other train; or

    (b)a Commonwealth jurisdiction aircraft; or

    (c)a person using only the person’s body; or

    (d)an animal; or

    (e)a motor vehicle being driven on a road, unless it—

    (i)is being driven on the road to conduct reliability trials or speed tests; and

    (ii)has been exempted under the road transport legislation from the provisions of that legislation about attaching silencers to the exhaust pipes of motor vehicles, rules of the road and speed limits during the trials or tests (see Act, s 8 (1)).

    Note 2A 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 3.1               Interpretation for pt 3

    1. Definitions for pt 3

      In this part:

      adjoining, for noise zones, means noise zones that—

      (a)have a common boundary; or

      (b)would have a common boundary apart from a road separating them.

      affected place—see section 22.

      as near as practicable, to a boundary, for the measurement of noise level at a compliance point, means as near as practicable for taking the measurement.

      compliance point—see section 32 to section 38.

      noise standard—see section 24.

      noise zone—see section 23.

      unit—see the Unit Titles Act 2001, section 9.

      units plan means a units plan under the Unit Titles Act 2001, section 7.

    2. Meaning of affected place

      (1)In this regulation:

      affected place, for noise being emitted from a place in the ACT, means a place (other than a road or road related area), whether inside or outside the ACT, where a person is affected by the noise.

      (2)However, a parcel of land held under a territory lease is an affected place for noise emitted from the parcel only if the noise is emitted from a unit and the affected place is another unit on the same units plan.

      (3)For subsection (1), a person at a place (the first place) is affected by noise being emitted from another place in the ACT (emitted noise) if—

      (a)the person is an occupier of the first place (an affected person); and

      (b)the affected person complains about the emitted noise to an authorised officer; and

      (c)the noise level at the first place, as a result of the emitted noise, exceeds the noise standard for the first place.

      (4)In this section:

      occupier, of a place, includes a person who is lawfully at a place that is on—

      (a)unleased land; or

      (b)public land under the Crown Lands Act 1989 (NSW), section 153, as in force from time to time.

    3. Meaning of noise zone

      In this regulation:

      noise zone means—

      (a)for a place in the ACT on land mentioned in schedule 2, table 2.1, column 3—the noise zone mentioned in column 2 for the land; or

      (b)for a place in New South Wales on land mentioned in schedule 2, table 2.1, column 4—the noise zone mentioned in column 2 for the land.

    4. Meaning of noise standard

      (1)In this regulation:

      noise standard, for a noise zone, means the noise standard mentioned in the following provisions for the particular zone at a particular time:

      (a)for a zone other than zones B1, B3, B4 and C1—schedule 2, table 2.2, column 3 or column 4 (whichever applies);

      (b)for zone B1—schedule 2, table 2.2A, column 3 or column 4 (whichever applies);

      (c)for zones B3 and B4—

      (i)if the noise emitted is entertainment noise from a place other than a dwelling in the city centre entertainment precinct—schedule 2, table 2.2AA, columns 3 to 6 (whichever applies); or

      Examples—place other than a dwelling

      1a place on unleased land

      2licensed premises

      3Territory premises

      (ii)in any other case in which noise is emitted from a place in the city centre entertainment precinct—

      (A)if the place is on land in the Central National Area (City Hill Precinct) within zone B4—schedule 2, table 2.2, column 3 or column 4 (whichever applies) as if the place was on land within zone B2; or

      (B)if the place is anywhere else in zones B3 or B4—schedule 2, table 2.2A, column 3 or column 4 (whichever applies) as if the place was on land within zone B1;

      (d)for zone C1—schedule 2, table 2.2B, column 3 or column 4 (whichever applies).

      (2)However—

      (a)if the compliance point for noise emitted from a unit is a point in any of the other units in the units plan, the noise standard for the unit is 5dB below the noise standard that would otherwise apply; and

      (b)if the compliance point for noise emitted from premises (the 1st premises) on a territory lease with a common wall with premises on another territory lease (the 2nd premises) is a point in the 2nd premises, the noise standard for the 1st premises is 5dB below the noise standard that would otherwise apply; and

      (c)the noise standard on the boundary between 2 or more noise zones is the average of the noise standards for the noise zones for the time when the noise is emitted, rounded up to the nearest dB.

      (3)In this section:

      Central National Area (City Hill Precinct)—see schedule 2, section 2.1.

      dwelling—see the Planning (General) Regulation 2023, section 6.

      entertainment noise means noise generated for entertainment purposes.

      Examples

      1     amplified music

      2     live acoustic music

      NoteThe Act does not apply to noise made by a person using only the person’s body (see Act, s 8 (1) (c)).

    Division 3.2               Noise causing environmental harm

    1. Noise taken to cause environmental harm—Act, s 5 (a)

      (1)For the Act, noise emitted from a place in the ACT is taken to cause environmental harm in an affected place if the noise level at the compliance point for the place from which the noise is emitted is louder than the noise standard for that place.

      (2)This section is subject to this division.

      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. Noise—exception for protecting life or property

      Under section 25 (1), noise is not taken to cause environmental harm in an affected place if the noise is emitted in the course of protecting life or property.

      Example

      a fire or other emergency

    3. Noise—exception for reducing environmental harm

      Under section 25 (1), noise is not taken to cause environmental harm in an affected place if the noise is emitted in the course of preventing, minimising or remedying another environmental harm.

      Example

      noise from pumps cleaning a spill

    4. Noise—exception if allowed by approval

      Under section 25 (1), noise is not taken to cause environmental harm in an affected place if the noise is emitted in the course of conducting an activity for which an approval is in force.

      Example

      using an amplifier in accordance with an approval

      NoteApproval is defined in the dictionary.

    5. Noise—other exceptions

      Under section 25 (1), noise is not taken to cause environmental harm in an affected place if it is noise mentioned in schedule 2, table 2.3, column 2 and the conditions (if any) mentioned in column 3 for the noise are met.

    Division 3.3               Measuring noise

    29ANoise measurement manual

    (1)The Minister may approve a manual (the noise measurement manual) for the measurement of noise for this regulation.

    (2)Without limiting subsection (1), the noise measurement manual may make provision in relation to the following:

    (a)the procedures for measuring noise;

    (b)the instruments to be used to measure noise;

    (c)modifying factors used to correct noise measurements.

    (3)The noise measurement manual is a disallowable instrument.

    1. Measurements to be taken at compliance point

      For the Act, for measuring noise being emitted from a place, the noise level must be measured at the compliance point for the place.

      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. Taking measurements of noise

      For the Act, for measuring emission of noise—

      (a)the noise level measured must be L10,T; and

      (b)all measurements must be taken in accordance with the procedures set out in the noise measurement manual.

      Note 1A 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).

      Note 2Noise measurement manual—see s 29A.

    3. Compliance point—general rule for leased land

      (1)The compliance point for a parcel of land held under a territory lease is any point as near as practicable to the boundary of the parcel of land.

      (2)This section is subject to the following sections:

      (a)section 34 (Compliance point—exception for environmental protection agreement);

      (b)section 35 (Compliance point—exception for environmental authorisation);

      (c)section 36 (Compliance point—exception for public land with approval);

      (d)section 37 (Compliance point—exception for leased land with boundary with different noise zone);

      (e)section 38 (Compliance point—exception for units, common wall properties and subleases).

    4. Compliance point—general rule for unleased land

      (1)The compliance point for unleased land is any point as near as practicable to 5m from the source of the noise.

      (2)This section is subject to the following sections:

      (a)section 34 (Compliance point—exception for environmental protection agreement);

      (b)section 35 (Compliance point—exception for environmental authorisation);

      (c)section 36 (Compliance point—exception for public land with approval).

    5. Compliance point—exception for environmental protection agreement

      If noise is emitted in the course of conducting an activity for which an environmental protection agreement is in force and the agreement states 1 or more compliance points, each stated point is a compliance point.

      NoteEnvironmental protection agreements are dealt with in the Act, pt 7.

    6. Compliance point—exception for environmental authorisation

      If noise is emitted in the course of conducting an activity for which an environmental authorisation is in force and the authorisation states 1 or more compliance points, each stated point is a compliance point.

      NoteEnvironmental authorisations are dealt with in the Act, pt 8.

    7. Compliance point—exception for public land with approval

      If noise is emitted from public land in the course of conducting an activity for which an approval is in force and the approval states 1 or more compliance points, each stated point is a compliance point.

      NoteApproval is defined in the dictionary.

    1. Compliance point—exception for leased land with boundary with different noise zone

      If the noise is emitted from leased land with a boundary that is also a noise zone boundary, and the adjoining noise zone has a different noise standard, the compliance point is any point as near as practicable to the boundary with the noise zone with the lowest noise standard for the time when the noise is emitted.

      NoteNoise standard

      is defined in s 24 and detailed in sch 2.


      Noise zone

      is defined in s 23 and detailed in sch 2.

    2. Compliance point—exception for units, common wall properties and subleases

      (1)If noise is emitted from a unit, the compliance point is—

      (a)any point in any of the other units in the units plan; or

      (b)any point as near as practicable to the boundary of the land to which the units plan applies.

      (2)If noise is emitted from premises (the 1st premises) on a territory lease with a common wall with premises (the 2nd premises) on another territory lease, the compliance point is—

      (a)any point in the 2nd premises; or

      (b)any point as near as practicable to the boundary of the 1st premises.

      (3)If noise is emitted from part of a parcel of land held under a territory lease consisting of a sublease of the territory lease, the compliance point is—

      (a)any point in any other part of the parcel of land consisting of another sublease of the territory lease; or

      (b)any point as near as practicable to the boundary of the parcel of land.

    Division 3.4               Noise offences

    1. Offence to make noise louder than noise standard

      (1)A person commits an offence if—

      (a)the person makes noise in the ACT; and

      (b)the noise causes environmental harm in an affected place.

      Maximum penalty:  10 penalty units.

      Examples of making noise

      1     playing a musical instrument

      2     using portable loudspeakers

      3     using a leaf blower or vacuum

      4     using a power tool

      NoteMaking noise will only cause environmental harm in an affected place if the noise level is louder than the noise standard for the compliance point for the place from which it is emitted (see s 25). Also, the noise standard for the point may be different at different times of day (see sch 2, part 2.2).

      (2)A person commits an offence if—

      (a)the person is an occupier of a place in the ACT; and

      (b)noise is emitted from a thing in the place; and

      (c)the noise causes environmental harm in an affected place.

      Maximum penalty:  10 penalty units.

      Examples of things that emit noise

      1     a swimming pool or spa pump

      2     an air conditioner

      3     a building intruder alarm

      4     a motor vehicle intruder alarm

    2. Sale and hiring of things

      (1)A person commits an offence if—

      (a)the person sells a thing; and

      (b)the sale is the first retail sale of the thing; and

      (c)the sale would, if it took place in NSW, be prohibited under the Protection of the Environment Operations Act 1997 (NSW) as in force from time to time.

      Maximum penalty:  10 penalty units.

      Example

      A person sells, as a first retail sale, an air conditioner without a noise compliance plate. If the NSW Act prohibits its sale without a noise compliance plate, the person commits an offence under this regulation.

      Note 1The Protection of the Environment Operations Act 1997 (NSW), s 136 creates an offence of selling an article of a class prescribed under the regulations if, when in use or operation, the article emits noise in excess of a prescribed level.

      Note 2The Protection of the Environment Operations Act 1997 (NSW) does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Act, s 164B).

      (2)A person commits an offence if—

      (a)the person hires out a thing; and

      (b)a sale of the thing would, if it took place in NSW, be prohibited by the Protection of the Environment Operations Act 1997 (NSW) as in force from time to time.

      Maximum penalty:  10 penalty units.

      (3)An offence against this section is a strict liability offence.

    Part 4Water

    Division 4.1               Environmental values

    1. Environmental values of waterways for pt 4, sch 3 and sch 4

      For this part, schedule 3 and schedule 4, the environmental values of a waterway are the environmental values mentioned in an instrument made under the Water Resources Act 2007, section 15A (Environmental values for waterways), for the waterway.

      Examples

      1     water-based recreation—swimming (REC/1)

      2     waterscape (VIEW)

      3     stock water supply (STOCK)

    2. Certain pollutants taken to cause environmental harm—Act, s 5 (b)

      A pollutant mentioned in a part in schedule 3 is taken to cause environmental harm if it enters a waterway with the environmental value for the part.

      Example

      Schedule 3, part 3.2 prescribes pollutants that are taken to cause environmental harm if they enter a waterway with the environmental value that is used for water‑based recreation, for example, Lake Tuggeranong. So under that part, any nitrogen that enters Lake Tuggeranong is taken to cause environmental harm.

    3. Ambient environmental standards for waterways

      (1)The ambient environmental standards for a waterway with an environmental value mentioned in a part in schedule 4 are the standards stated for the indicators in the part.

      Example

      Schedule 4, part 4.5 prescribes the standards for waterways used as stock water supply, for example, the Molonglo River.  Under the part, the Molonglo River should have an acidity between pH 6.5 and 9.2.  If it does not, the river does not meet the ambient environmental standards.

      (2)Subsection (1) does not apply when the waterway’s flow conditions exceed the 10-year 5 percentile high-flow value.

      Example

      The Cotter River generally meets the ambient environmental standards. Hypothetically, there was excessive rain last spring, which caused the river to flood. The Cotter River rose to the highest level it had been at for 25 years. Under s (2), the ambient environmental standards would not apply during the flood.

    Division 4.2               Protection of waterways

    1. Pollution of waterways

      (1)A person commits an offence if the person pollutes a waterway.

      Maximum penalty:  10 penalty units.

      (2)An offence against this section is a strict liability offence.

      (3)In this section:

      pollutes a waterway—a person pollutes a waterway if the person—

      (a)allows, causes, or fails to prevent the discharge, emission, depositing, disturbance or escape of a pollutant into or on a waterway; or

      (b)places a pollutant in a position where it is likely to pollute a waterway by entering a stormwater system or other entry into a waterway.

    2. Development waste not to enter stormwater system or waterways

      (1)A person commits an offence if the person places soil, sand, building material or waste from development—

      (a)in the stormwater system or a waterway; or

      (b)where it may enter the stormwater system or a waterway.

      Maximum penalty:  10 penalty units.

      (2)An offence against this section is a strict liability offence.

    3. Areas near development to be kept clear

      (1)A person who is in charge of development commits an offence if the person does not ensure that each footpath, gutter and road adjacent to the development is clear of soil, sand, building materials and waste.

      Maximum penalty:  10 penalty units.

      (2)An offence against this section is a strict liability offence.

    4. Entries to and exits from land to be kept stable

      (1)The owner of land commits an offence if the owner does not keep the surface of each vehicle entrance to, or exit from, the land stable by applying concrete, gravel or other solid material to the surface.

      Maximum penalty:  10 penalty units.

      (2)A person who is in charge of development commits an offence if the person does not keep the surface of each vehicle entrance to, or exit from, the land where the development is being carried out stable by applying concrete, gravel or other solid material to the surface.

      Maximum penalty:  10 penalty units.

      (3)An offence against this section is a strict liability offence.

    5. Washing vehicles etc—commercial activity

      (1)This section applies to a person who washes a vehicle or other thing in the course of, or incidental to, carrying on a commercial activity.

      (2)The person commits an offence if the person allows run-off from the washing to enter a waterway.

      Maximum penalty:  10 penalty units.

      (3)An offence against this section is a strict liability offence.

    6. Washing vehicles etc—non-commercial activity

      (1)This section applies to a person who washes a vehicle or other thing on premises where it is ordinarily kept and otherwise than in the course of, or incidental to, carrying on a commercial activity.

      (2)The person commits an offence if—

      (a)there is on the premises—

      (i)a grassed or gravelled area where the vehicle or other thing can be washed and run-off from the area does not flow directly into a waterway; or

      (ii)an area identified as a place where a vehicle or other thing may be washed; and

      (b)the person allows run-off from the washing to enter a waterway.

      Maximum penalty:  10 penalty units.

      (3)An offence against this section is a strict liability offence.

    7. Discharge of stormwater into receiving waters

      (1)A person commits an offence if—

      (a)the person discharges stormwater from—

      (i)a sediment retention dam; or

      (ii)footings; or

      (iii)another stormwater retention area; and

      (b)the stormwater flows into receiving waters; and

      (c)the suspended solids concentration in the stormwater is higher than 60mg/L.

      Maximum penalty:  10 penalty units.

      (2)An offence against this section is a strict liability offence.

      (3)In this section:

      receiving waters means ground water or a waterway.

    Part 5Polychlorinated biphenyls (PCBs)

    1. Definitions for pt 5

      In this part:

      PCB means a polychlorinated biphenyl with the chemical formula C12H10-nCln, where n is a whole number in the range from 1 to 10 (including 1 and 10).

      PCB material means a material that contains more than 2mg PCB/kg.

    2. PCBs taken to cause environmental harm—Act, s 5 (b)

      (1)A PCB material is taken to cause environmental harm if it enters the environment.

      (2)A thing containing PCB material is taken to cause environmental harm if it enters the environment.

    Part 6Agvet chemical products

    Division 6.1               Interpretation

    1. Definitions—pt 6

      In this part:

      agricultural chemical product—see the agvet code, section 4.

      agvet chemical product means—

      (a)an agricultural chemical product; or

      (b)a veterinary chemical product.

      agvet code means the Agvet Code of the ACT, under the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth) as in force from time to time.

      Note 1The Agvet Code of the ACT is set out in the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth), sch (see that Act, s 5 (1)).

      Note 2The Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth) does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Act, s 164B).

      agvet permit means a permit issued under the agvet code, part 7.

      approved label, for a registered agvet chemical product—see the agvet code, section 3.

      instruction on the approved label for a registered agvet chemical product—see the agvet code, section 3.

      registered, for an agvet chemical product, means registered under the agvet code, part 2.

      veterinary chemical product—see the agvet code, section 5.

    53AUsing registered agvet chemical product in accordance with instructions

    (1)In this part, a registered agvet chemical product is taken to be used in accordance with the instructions on the approved label for the product if—

    (a)the person uses the product—

    (i)at a concentration less than the concentration stated in the instructions; or

    (ii)at a rate of application lower than the rate stated in the instructions; or

    (iii)less frequently than is stated in the instructions; or

    (iv)to control a pest not stated in the instructions; or

    (v)by mixing the product with another substance; and

    (b)the use is not prohibited by the instructions.

    (2)In this section:

    pest—see the agvet code, section 3.

    53BAgvet permits—eligible laws for agvet code

    For the agvet code, section 3, definition of eligible law, each of the following sections is declared to be an eligible law for the agvet code, section 109, definition of permit, paragraph (b):

    (a)section 55 (Use of agricultural chemical products);

    (b)section 55A (Use of veterinary chemical products).

    NoteUnder the agvet code, the APVMA may issue a permit allowing a person to do something with an agvet chemical product that would otherwise be an offence under an ACT law declared to be an eligible law (see the agvet code, s 3, definition of eligible law and s 109, definition of permit, par (b)).

    Division 6.2               Agvet chemical products causing environmental harm

    1. Agvet chemical products taken to cause environmental harm—Act, s 5 (b)

      (1)An agvet chemical product is taken to cause environmental harm if it enters the environment.

      (2)Subsection (1) does not apply if the agvet chemical product enters the environment while being used in accordance with—

      (a)an agvet permit; or

      (b)for a registered agvet chemical product—the instructions on the approved label for the product.

      NoteIt is an offence for a person to pollute the environment causing environmental harm (see Act, s 137, s 138 and s 139).

    Division 6.3               Using agvet chemical products

    1. Use of agricultural chemical products

      (1)A person commits an offence if—

      (a)the person stores, uses or disposes of a registered agricultural chemical product; and

      (b)the storage, use or disposal is not in accordance with the instructions on the approved label for the product.

      Maximum penalty:  10 penalty units.

      (2)A person commits an offence if—

      (a)the person stores, uses or disposes of an agricultural chemical product; and

      (b)the product is not a registered agricultural chemical product.

      Maximum penalty:  10 penalty units.

      (3)An offence against this section is a strict liability offence.

      (4)Subsections (1) and (2) do not apply if—

      (a)the person holds an agvet permit for the product; and

      (b)the storage, use or disposal is in accordance with the permit.

      NoteThe defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).

    55AUse of veterinary chemical products

    (1)A person commits an offence if—

    (a)the person stores, uses or disposes of a registered veterinary chemical product; and

    (b)the storage, use or disposal is not in accordance with the instructions on the approved label for the product.

    Maximum penalty:  10 penalty units.

    (2)A person commits an offence if—

    (a)the person stores, uses or disposes of a veterinary chemical product; and

    (b)the product is not a registered veterinary chemical product.

    Maximum penalty:  10 penalty units.

    (3)An offence against this section is a strict liability offence.

    (4)Subsections (1) and (2) do not apply if—

    (a)the person holds an agvet permit for the product; and

    (b)the storage, use or disposal is in accordance with the permit.

    (5)Subsection (1) does not apply if the person—

    (a)is a veterinary practitioner storing, using or disposing of the product in the course of treating an animal in their care; or

    (b)stores, uses or disposes of the product in accordance with instructions provided by a veterinary practitioner in the course of treating an animal in their care.

    NoteThe defendant has an evidential burden in relation to the matters mentioned in s (4) and s (5) (see Criminal Code, s 58).

    55BRecording use of agricultural chemical products

    (1)A person commits an offence if the person—

    (a)uses an agricultural chemical product; and

    (b)fails to do any of the following:

    (i)record the required information about the use;

    (ii)make the record within 48 hours after the use;

    (iii)keep the record for 2 years after the date of the use.

    Maximum penalty:  10 penalty units.

    (2)An offence against this section is a strict liability offence.

    (3)The record of use of an agricultural chemical product must include the following information (the required information):

    (a)the trade name of the product;

    (b)the date and time the product was used;

    (c)the rate at which the product was applied or information that would allow the rate to be worked out;

    (d)the crop or commodity to which, or the circumstance in which, the product was applied;

    (e)the address of the parcel of land, and a description of the location within the parcel, where the product was used;

    (f)the name and contact details of the person who used the product;

    (g)for a product used in providing a service—the name and contact details of the recipient of the service;

    (h)for a registered agricultural chemical product—any other information required to be kept by an instruction on the approved label for the product;

    (i)for an agricultural chemical product used under an agvet permit—any other information required to be kept under the permit.

    (4)This section does not apply to the use of an agricultural chemical product if the product is—

    (a)a household product or a home garden product that is—

    (i)ordinarily used for household use; and

    (ii)ordinarily available in a retail store; and

    (iii)applied by hand or by using a hand-held device; or

    (b)used to sanitise pool or spa water.

    NoteUnder the Agricultural and Veterinary Chemicals Code Regulations 1995 (Cwlth), sch 3, certain pool and spa products are declared to be, or not to be, agricultural chemical products.

    (5)In this section:

    hand-held device, for applying an agricultural chemical product, means a device—

    (a)operated manually by a person to apply the product; and

    (b)in which the product is stored before it is applied; and

    (c)that the person is reasonably able to carry while the device is being used to store or apply the product.

    Example

    a manually operated backpack spray unit

    pool or spa means a structure ordinarily holding or using water that is ordinarily used for recreation or mainly for recreation, whether intended for public or private use.

    Division 6.4               Training requirements for use of certain agvet chemical products

    55CDefinitions—div 6.4

    In this division:

    approved VET course unit of competency—see section 55E (1)

    registered training organisation—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3, as in force from time to time.

    NoteThe National Vocational Education and Training Regulator Act 2011 (Cwlth) does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Act, s 164B).

    restricted agvet chemical product—see the agvet code, section 3, definition of restricted chemical product.

    schedule 7 poison means a chemical mentioned in the Poisons Standard, schedule 7.

    statement of attainment means a VET statement of attainment under the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3, as in force from time to time.

    VET course—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3, as in force from time to time.

    55DDeclared agvet chemical products

    (1)The authority may declare a restricted agvet chemical product, or an agvet chemical product containing a schedule 7 poison, that is—

    (a)a liquid fumigant to be a declared liquid fumigant for section 55F (1); and

    (b)a vertebrate poison to be a declared vertebrate poison for section 55G (1); and

    (c)an avicide to be a declared avicide for section 55H (1); and

    (d)an industrial timber treatment to be a declared industrial timber treatment for section 55I (1); and

    (e)a termiticide to be a declared termiticide for section 55J (1).

    (2)A declaration is a notifiable instrument.

    55EApproved VET course units of competency

    (1)The authority may approve a VET course unit of competency (an approved VET course unit of competency) for the following provisions:

    (a)section 55F (3) (a);

    (b)section 55G (3) (a);

    (c)section 55H (3) (a);

    (d)section 55I (3) (a);

    (e)section 55J (3) (a);

    (f)section 55K (3) (a);

    (g)section 55L (3) (a).

    (2)An approval is a notifiable instrument.

    55FTraining—use of declared liquid fumigants

    (1)A person commits an offence if the person uses a declared liquid fumigant.

    Maximum penalty:  10 penalty units.

    (2)An offence against this section is a strict liability offence.

    (3)Subsection (1) does not apply if the person holds—

    (a)a VET statement of attainment issued by a registered training organisation stating that the person has successfully completed each approved VET course unit of competency required for this section; or

    (b)a qualification that is substantially equivalent to the statement of attainment mentioned in paragraph (a).

    NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

    55GTraining—use of declared vertebrate poisons

    (1)A person commits an offence if the person uses a declared vertebrate poison.

    Maximum penalty:  10 penalty units.

    (2)An offence against this section is a strict liability offence.

    (3)Subsection (1) does not apply if the person holds—

    (a)a VET statement of attainment issued by a registered training organisation stating that the person has successfully completed each approved VET course unit of competency required for this section; or

    (b)a qualification that is substantially equivalent to the statement of attainment mentioned in paragraph (a).

    (4)Subsection (1) does not apply if—

    (a)the declared vertebrate poison is in the form of a prepared bait; and

    (b)the use is in accordance with an environmental authorisation.

    Note 1Environmental authorisation—see the Act, dictionary.

    Note 2It is an offence to conduct a class A activity without an environmental authorisation—see the Act, s 42. The commercial use of a registered agvet chemical product for pest control or turf management is a class A activity—see the Act, sch 1, table 1.2, item 29.

    Note 3The defendant has an evidential burden in relation to the matters mentioned in s (3) and s (4) (see Criminal Code, s 58).

    55HTraining—use of declared avicides

    (1)A person commits an offence if the person uses a declared avicide.

    Maximum penalty:  10 penalty units.

    (2)An offence against this section is a strict liability offence.

    (3)Subsection (1) does not apply if the person—

    (a)holds—

    (i)a VET statement of attainment issued by a registered training organisation stating that the person has successfully completed each approved VET course unit of competency required for this section; or

    (ii)a qualification that is substantially equivalent to the statement of attainment mentioned in subparagraph (i); and

    (b)has successfully completed an approved avicide training course.

    NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

    (4)The authority may approve a VET course unit of competency or other training course for this section (an approved avicide training course) if satisfied that it includes appropriate training in—

    (a)identifying pest birds and understanding their behaviour; and

    (b)assessing how to manage pest birds and control them using agvet chemical products.

    (5)An approval is a notifiable instrument.

    55ITraining—use of declared industrial timber treatments

    (1)A person commits an offence if the person uses a declared industrial timber treatment.

    Maximum penalty:  10 penalty units.

    (2)An offence against this section is a strict liability offence.

    (3)Subsection (1) does not apply if the person holds—

    (a)a VET statement of attainment issued by a registered training organisation stating that the person has successfully completed each approved VET course unit of competency required for this section; or

    (b)a qualification that is substantially equivalent to the statement of attainment mentioned in paragraph (a).

    NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

    55JTraining—use of declared termiticides

    (1)A person commits an offence if the person uses a declared termiticide as a pre‑construction termiticide product.

    Maximum penalty:  10 penalty units.

    (2)An offence against this section is a strict liability offence.

    (3)Subsection (1) does not apply if the person holds—

    (a)a VET statement of attainment issued by a registered training organisation stating that the person has successfully completed each approved VET course unit of competency required for this section; or

    (b)a qualification that is substantially equivalent to the statement of attainment mentioned in paragraph (a).

    NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

    (4)For subsection (1), a person uses a declared termiticide as a pre‑construction termiticide product if the person uses the declared termiticide to install a chemical soil barrier to impede and discourage the concealed entry of termites into a structure before construction of the structure is completed.

    55KTraining—use of other agricultural chemical products containing schedule 7 poisons

    (1)A person commits an offence if—

    (a)the person uses an agricultural chemical product; and

    (b)the product contains a schedule 7 poison; and

    (c)the product is not any of the following:

    (i)a declared liquid fumigant;

    (ii)a declared vertebrate poison;

    (iii)a declared avicide;

    (iv)a declared industrial timber treatment;

    (v)a declared termiticide.

    Maximum penalty:  10 penalty units.

    (2)An offence against this section is a strict liability offence.

    (3)Subsection (1) does not apply if the person holds—

    (a)a VET statement of attainment issued by a registered training organisation stating that the person has successfully completed each approved VET course unit of competency required for this section; or

    (b)a qualification that is substantially equivalent to the statement of attainment mentioned in paragraph (a).

    (4)Subsection (1) does not apply if—

    (a)the person uses the product—

    (i)as part of a farming or grazing activity; and

    (ii)under the supervision of another person (the supervisor) who holds a qualification mentioned in subsection (3); and

    (b)before the use, the supervisor—

    (i)chooses the product and prepares it for the use; and

    (ii)checks that any equipment that is to be used to apply the product is in good working order; and

    (iii)instructs the user how to use the product; and

    (c)the person has used the product on not more than—

    (i)4 days in the last month; and

    (ii)12 days in the last year.

    NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) and s (4) (see Criminal Code, s 58).

    55LTraining—use of registered veterinary chemical products containing schedule 7 poisons

    (1)A person commits an offence if—

    (a)the person uses a registered veterinary chemical product; and

    (b)the product contains a schedule 7 poison; and

    (c)the person is not a veterinary practitioner.

    Maximum penalty:  10 penalty units.

    (2)An offence against this section is a strict liability offence.

    (3)Subsection (1) does not apply if the person holds—

    (a)a VET statement of attainment issued by a registered training organisation stating that the person has successfully completed each approved VET course unit of competency required for this section; or

    (b)a qualification that is substantially equivalent to the statement of attainment mentioned in paragraph (a).

    (4)Subsection (1) does not apply if the person—

    (a)holds a FeedSafe accreditation for manufacturing animal feed; and

    (b)uses the product in manufacturing animal feed at a place where an accredited animal feed manufacturer holds a FeedSafe accreditation for manufacturing animal feed.

    NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) and s (4) (see Criminal Code, s 58).

    (5)In this section:

    FeedSafe accreditation means the accreditation given by SFMCA under the quality assurance accreditation program known as FeedSafe operated by SFMCA.

    SFMCA means the Stock Feed Manufacturers’ Council of Australia Incorporated ABN 84 816 063 155.

    Part 7Controlled waste

    Division 7.1               Interpretation

    1. Definitions for pt 7

      In this part:

      agency means the entity nominated by a jurisdiction for the NEPM.

      consignment authorisation means an approval allowing the movement of controlled waste into a jurisdiction of destination given by an agency or a facility delegated by the agency in the jurisdiction.

      controlled waste means a thing mentioned in the NEPM, schedule A, list 1 (Waste categories) if it has 1 or more of the characteristics mentioned in the NEPM, schedule A, list 2 (Characteristics of controlled wastes).

      facility means a place where controlled waste is received.

      jurisdiction of destination, for movement of controlled waste, means the jurisdiction where the facility is located that the waste is being moved to.

      jurisdiction of origin, for movement of controlled waste, means the jurisdiction where the waste is being moved from.

      jurisdiction of transit, for movement of controlled waste, means a jurisdiction through which the waste is moved that is not the jurisdiction of origin or the jurisdiction of destination.

      NEPM means the National Environment Protection (Movement of Controlled Waste between States and Territories) Measure, as in force from time to time, made under the national scheme laws.

      Note 1The national scheme laws are the National Environment Protection Council Act 1994 and the National Environment Protection Council Act 1994 (Cwlth).

      Note 2The NEPM does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Act, s 164B). The NEPM is accessible at means a person who produces controlled waste.

      transporter means a person who moves controlled waste—

      (a)from a jurisdiction of origin to a jurisdiction of destination; or

      (b)through a jurisdiction of transit.

      waste means a thing, whether valuable or not, that is—

      (a)discarded; or

      (b)rejected; or

      (c)unwanted; or

      (d)surplus; or

      (e)abandoned; or

      (f)intended for recycling, reprocessing, recovery, reuse, or purification.

    Division 7.2               Movement of controlled waste between states

    1. Application of div 7.2

      This division does not apply to the following:

      (a)the movement of controlled waste only between places within the ACT;

      NoteFor the movement of regulated waste (including controlled waste) only between places within the ACT, see the Act, sch 1, table 1.2, item 9.

      (b)the movement of controlled waste in accordance with the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (Cwlth), as in force from time to time;

      NoteThe Hazardous Waste (Regulation of Exports and Imports) Act 1989 (Cwlth) does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Act, s 164B).

      (c)the movement of controlled waste in an emergency to protect life, the environment or property;

      (d)the movement of controlled waste to be used in analysis for waste categorisation;

      (e)the movement of controlled waste to be used in research if the movement is approved by the agency in the jurisdiction of destination;

      (f)the movement of controlled waste by pipeline;

      (g)the movement of containers in which there remains a small amount of residual controlled waste for refilling with the same substance.

    2. Consignment authorisation for controlled waste

      (1)A producer commits an offence if the producer—

      (a)moves controlled waste into a jurisdiction of destination; and

      (b)does not have a consignment authorisation for the movement of the waste.

      Maximum penalty:  10 penalty units.

      (2)A producer commits an offence if—

      (a)the producer consigns controlled waste to a transporter; and

      (b)the transporter does not hold an environmental authorisation for the consignment.

      Maximum penalty:  10 penalty units.

      (3)A person in charge of a facility commits an offence if the person—

      (a)accepts a consignment of controlled waste; and

      (b)does not have a consignment authorisation for the movement of the waste.

      Maximum penalty:  10 penalty units.

      (4)An offence against this section is a strict liability offence.

    3. Information to accompany controlled waste

      (1)A producer commits an offence if—

      (a)the producer consigns controlled waste to a transporter; and

      (b)the producer does not give the transporter the information mentioned in the NEPM, schedule B, part 1 for the controlled waste in written or electronic form.

      Maximum penalty:  10 penalty units.

      (2)A transporter commits an offence if—

      (a)the transporter moves controlled waste; and

      (b)the transporter does not keep the following information, in written or electronic form, with the controlled waste during the movement:

      (i)information, provided by the producer, mentioned in the NEPM, schedule B, part 1 for the controlled waste;

      (ii)information mentioned in the NEPM, schedule B, part 2 for the controlled waste.

      Maximum penalty:  10 penalty units.

      (3)An offence against this section is a strict liability offence.

    4. Records of movement of controlled waste

      (1)A producer commits an offence if the producer does not keep a copy of the information mentioned in section 59 (1) (b) for each consignment of controlled waste for at least 1 year after the date of the movement of the controlled waste.

      Maximum penalty:  5 penalty units.

      (2)A transporter commits an offence if the transporter does not keep a copy of the information mentioned in section 59 (2) (b) (i) and (ii) for each consignment of controlled waste for at least 1 year after the date of the movement of the controlled waste.

      Maximum penalty:  5 penalty units.

      (3)An offence against this section is a strict liability offence.

    5. Notification of receipt of controlled waste

      (1)A producer commits an offence if the producer—

      (a)moves controlled waste into a jurisdiction of destination; and

      (b)does not receive, within 14 days after the day when the controlled waste was due to arrive at the facility, the information mentioned in the NEPM, schedule B, part 1 for the controlled waste from the agency or facility that gave the consignment authorisation for the controlled waste; and

      (c)does not tell the environment protection authority in writing that the producer has not received the information.

      Maximum penalty:  10 penalty units.

      (2)An offence against this section is a strict liability offence.

    Division 7.3               Controlled waste taken to cause environmental harm

    1. Controlled waste taken to cause environmental harm—Act, s 5 (b)

      Controlled waste is taken to cause environmental harm if it enters the environment.

    Part 8Sampling and analysis of pollutants

    1. Application of pt 8

      This part does not apply to the sampling and analysis of noise.

    2. People who may conduct analysis

      (1)The analysis of a pollutant must be conducted by a person employed as an analyst in any of the following organisations:

      (a)an Australian university;

      (b)a laboratory operated by or on behalf of the Territory, the Commonwealth or a State;

      (c)a laboratory accredited by the National Association of Testing Authorities if the laboratory’s scope of accreditation includes analysis of the pollutant;

      NoteFor information about the National Association of Testing Authorities—see laboratory approved under subsection (2).

      (2)The Minister may approve a laboratory for this section.

      (3)An approval is a disallowable instrument.

    3. Procedures and protocols

      Sampling and analysis of a pollutant must be conducted in accordance with—

      (a)a national environment protection protocol for the purpose in a national environment protection measure, as in force from time to time, made under the national scheme laws; or

      NoteThe national scheme laws are the National Environment Protection Council Act 1994 and the National Environment Protection Council Act 1994 (Cwlth).

      (b)a procedure for that purpose provided under a law of the Territory, the Commonwealth or a State; or

      (c)a protocol for the purpose in a standard published by or on behalf of Standards Australia; or

      (d)a protocol for the purpose in a standard published by or on behalf of the International Standards Organisation; or

      (e)a protocol for the purpose published by a recognised entity.

      NoteA law or instrument applied by this section does not need to be notified under the Legislation Act because s 47 (5) and (6) do not apply (see Act, s 164B). A law or instrument applied by this section is available:

      ·     for a law of another jurisdiction—on the jurisdiction’s legislation website

      ·     for a standard published by or on behalf of Standards Australia—at another law or instrument—in accordance with the Act, s 164B (3).

    4. What is a recognised entity?

      (1)A recognised entity is—

      (a)the Territory, the Commonwealth or a State; or

      (b)the environment protection authority; or

      (c)an entity established under a law of the Commonwealth or a State that has functions corresponding, or substantially corresponding, to the functions of the environment protection authority; or

      (d)the National Environment Protection Council (NEPC) established by the national scheme laws; or

      NoteThe national scheme laws are the National Environment Protection Council Act 1994 and the National Environment Protection Council Act 1994 (Cwlth).

      (e)the Commonwealth Scientific and Industrial Research Organisation (CSIRO) established by the Science and Industry Research Act 1949 (Cwlth), as in force from time to time; or

      (f)a co-operative research centre established under the Commonwealth Co-operative Research Centre Program; or

      (g)an Australian university; or

      (h)the United States Environmental Protection Agency; or

      (i)the American Public Health Association; or

      (j)an entity approved by the Minister under subsection (2).

      NoteFor information about—

      ·     the NEPC—see CSIRO—see Commonwealth Co-operative Research Centre Program—see United States Environmental Protection Agency—see American Public Health Association—see Minister may approve an entity as a recognised entity.

      (3)An approval is a disallowable instrument.

    reserve—for schedule 2, part 2.3 (Noise conditions)—see the Nature Conservation Act 2014, section 169.

    NoteReserves include wilderness areas, national parks, nature reserves, catchment areas and other areas of public land.

    residential land means an area identified in the territory plan as being in a residential zone.

    NoteThe territory plan is available at access recreation zone, for schedule 2, part 2.1 (Noise zones)—see schedule 2, section 2.1.

    restricted agvet chemical product, for division 6.4 (Training requirements for use of certain agvet chemical products)—see section 55C.

    road—see the Road Transport (General) Act 1999, dictionary.

    road related area—see the Road Transport (General) Act 1999, dictionary.

    sell—see the Act, schedule 2, section 2.1.

    schedule 7 poison, for division 6.4 (Training requirements for use of certain agvet chemical products)—see section 55C.

    statement of attainment, for division 6.4 (Training requirements for use of certain agvet chemical products)—see section 55C.

    stormwater—see the Act, schedule 1, section 1.1.

    stormwater system—see the Act, schedule 1, section 1.1.

    territory network facility, for schedule 2, part 2.3 (Noise conditions)—see the Utilities Act 2000, dictionary.

    town centre, for schedule 2, part 2.1 (Noise zones)—see schedule 2, section 2.1.

    transporter, for part 7 (Controlled waste)—see section 56.

    TSZ2 services zone, for schedule 2, part 2.1 (Noise zones)—see schedule 2, section 2.1.

    unit, for part 3 (Noise)—see the Unit Titles Act 2001, section 9.

    units plan, for part 3 (Noise), means a units plan under the Unit Titles Act 2001, section 7.

    unseasoned wood means wood containing more than 20% moisture.

    VET course, for division 6.4 (Training requirements for use of certain agvet chemical products)—see section 55C.

    veterinary chemical product, for part 6 (Agvet chemical products)—see section 53.

    waste

    (a)see the Act, schedule 1, section 1.1; but

    (b)for part 7 (Controlled waste)—see section 56.

    waterway—see the Act, schedule 1, section 1.1.

    Endnotes

    1. 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 2001, 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 are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

      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.

    2. Abbreviation key

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

      Environment Protection Regulation 2005 SL2005-38

      notified LR 17 November 2005
      s 1, s 2 commenced 17 November 2005 (LA s 75 (1))
      remainder commenced 18 November 2005 (LA s 73 (3))

      as amended by

      Environment Protection Amendment Regulation 2006 (No 1) SL2006‑27

      notified LR 2 June 2006
      s 1, s 2 commenced 2 June 2006 (LA s 75 (1))
      remainder commenced 3 June 2006 (s 2)

      Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.38

      notified LR 22 March 2007
      s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
      sch 3 pt 3.38 commenced 12 April 2007 (s 2 (1))

      Environment Protection Amendment Regulation 2007 (No 1) SL2007‑24

      notified LR 10 September 2007
      s 1, s 2 commenced 10 September 2007 (LA s 75 (1))
      remainder commenced 11 September 2007 (s 2)

      Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.13

      notified LR 13 September 2007
      s 1, s 2 commenced 13 September 2007 (LA s 75 (1))


      sch 1 pt 1.13 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)

      Statute Law Amendment Act 2007 (No 3) A2007-39 sch 1 pt 1.2, sch 3 pt 3.14

      notified LR 6 December 2007
      s 1, s 2 commenced 6 December 2007 (LA s 75 (1))

      sch 1 pt 1.2, sch 3 pt 3.14 commenced 27 December 2007 (s 2)

      Planning and Development Legislation Amendment Act 2008 A2008-4 pt 3

      notified LR 18 March 2008

      s 1, s 2 commenced 18 March 2008 (LA s 75 (1))
      pt 3 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)

      Environment Protection Amendment Regulation 2008 (No 2) SL2008‑35

      notified LR 14 August 2008
      s 1, s 2 commenced 14 August 2008 (LA s 75 (1))
      remainder commenced 15 August 2008 (s 2)

      Environment Protection Amendment Regulation 2009 (No 1) SL2009‑29

      notified LR 22 June 2009
      s 1, s 2 commenced 22 June 2009 (LA s 75 (1))
      remainder commenced 23 June 2009 (s 2)

      Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.29

      notified LR 1 September 2009
      s 1, s 2 commenced 1 September 2009 (LA s 75 (1))

      sch 3 pt 3.29 commenced 22 September 2009 (s 2)

      Environment Protection Amendment Regulation 2009 (No 2) SL2009‑54

      notified LR 11 December 2009
      s 1, s 2 commenced 11 December 2009 (LA s 75 (1))
      remainder commenced 12 December 2009 (s 2)

      Environment Protection Amendment Regulation 2011 (No 1) SL2011‑1

      notified LR 20 January 2011
      s 1, s 2 commenced 20 January 2011 (LA s 75 (1))
      remainder commenced 21 January 2011 (s 2)

      Environment Protection Amendment Regulation 2011 (No 2) SL2011‑9

      notified LR 10 March 2011
      s 1, s 2 commenced 10 March 2011 (LA s 75 (1))

      remainder commenced 11 March 2011 (s 2)

      Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.63

      notified LR 30 June 2011
      s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

      sch 1 pt 1.63 commenced 1 July 2011 (s 2 (1))

      Statute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.14

      notified LR 31 August 2011
      s 1, s 2 commenced 31 August 2011 (LA s 75 (1))

      sch 3 pt 3.14 commenced 21 September 2011 (s 2 (1))

      Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.25

      notified LR 28 November 2011
      s 1, s 2 commenced 28 November 2011 (LA s 75 (1))

      sch 3 pt 3.25 commenced 12 December 2011 (s 2)

      Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.18

      notified LR 22 May 2012
      s 1, s 2 commenced 22 May 2012 (LA s 75 (1))

      sch 3 pt 3.18 commenced 5 June 2012 (s 2 (2))

      Environment Protection Amendment Regulation 2013 (No 1) SL2013‑2

      notified LR 7 February 2013
      s 1, s 2 commenced 7 February 2013 (LA s 75 (1))
      remainder commenced 8 February 2013 (s 2)

      Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.17

      notified LR 24 May 2013
      s 1, s 2 commenced 24 May 2013 (LA s 75 (1))

      sch 3 pt 3.17 commenced 14 June 2013 (s 2)

      Planning, Building and Environment Legislation Amendment Act 2013 (No 2) A2013-40 pt 3

      notified LR 6 November 2013
      s 1, s 2 commenced 6 November 2013 (LA s 75 (1))

      pt 3 commenced 27 January 2014 (s 2 and CN2014-1)

      Environment Protection Amendment Act 2014 A2014-52 pt 3

      notified LR 11 November 2014
      s 1, s 2 commenced 11 November 2014 (LA s 75 (1))
      pt 3 commenced 12 November 2014 (s 2 (1))

      Nature Conservation Act 2014 A2014‑59 sch 2 pt 2.4

      notified LR 11 December 2014
      s 1, s 2 commenced 11 December 2014 (LA s 75 (1))
      sch 2 pt 2.4 commenced 11 June 2015 (s 2 (1) and LA s 79)

      Planning and Development (University of Canberra and Other Leases) Legislation Amendment Act 2015 A2015‑19 pt 8

      notified LR 11 June 2015
      s 1, s 2 commenced 11 June 2015 (LA s 75 (1))

      pt 8 commenced 1 July 2015 (s 2 and CN2015-9)

      Environment Protection Amendment Regulation 2015 (No 1) SL2015‑28

      notified LR 31 August 2015
      s 1, s 2 commenced 31 August 2015 (LA s 75 (1))
      remainder commenced 1 September 2015 (s 2)

      Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.24

      notified LR 30 September 2015
      s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
      sch 1 pt 1.24 commenced 14 October 2015 (s 2)

      Planning, Building and Environment Legislation Amendment Act 2016 A2016‑2 pt 5

      notified LR 23 February 2016
      s 1, s 2 commenced 23 February 2016 (LA s 75 (1))

      pt 5 commenced 24 February 2016 (s 2)

      Planning, Building and Environment Legislation Amendment Act 2016 (No 2) A2016‑24 pt 6

      notified LR 11 May 2016
      s 1, s 2 commenced 11 May 2016 (LA s 75 (1))
      s 20, s 21 commenced 1 September 2019 (s 2 (2))

      pt 6 remainder commenced 12 May 2016 (s 2 (1))

      Emergencies Amendment Act 2016 A2016‑33 sch 1 pt 1.10

      notified LR 20 June 2016
      s 1, s 2 commenced 20 June 2016 (LA s 75 (1))

      sch 1 pt 1.10 commenced 21 June 2016 (s 2)

      Red Tape Reduction Legislation Amendment Act 2017 A2017‑17 pt 7

      notified LR 14 June 2017
      s 1, s 2 commenced 14 June 2017 (LA s 75 (1))
      pt 7 commenced 31 August 2017 (s 2 (2))

      Road Transport Reform (Light Rail) Legislation Amendment Act 2017 A2017-21 sch 1 pt 1.8

      notified LR 8 August 2017
      s 1, s 2 commenced 8 August 2017 (LA s 75 (1))
      sch 1 pt 1.8 commenced 15 August 2017 (s 2)

      Veterinary Practice Act 2018 A2018-32 sch 3 pt 3.5

      notified LR 30 August 2018
      s 1, s 2 commenced 30 August 2018 (LA s 75 (1))
      sch 3 pt 3.5 commenced 21 December 2018 (s 2 and CN2018-12)

      Planning and Environment Legislation Amendment Act 2019 A2019‑20 pt 4

      notified LR 8 August 2019
      s 1, s 2 commenced 8 August 2019 (LA s 75 (1))
      pt 4 commenced 9 August 2019 (s 2)

      Environment Protection Amendment Regulation 2019 (No 1) SL2019‑32

      notified LR 23 December 2019
      s 1, s 2 commenced 23 December 2019 (LA s 75 (1))
      remainder commenced 24 December 2019 (s 2)

      Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.16

      notified LR 9 June 2021
      s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
      sch 3 pt 3.16 commenced 23 June 2021 (s 2 (1))

      Environment Protection Amendment Regulation 2021 (No 1) SL2021‑26

      notified LR 28 October 2021
      s 1, s 2 commenced 28 October 2021 (LA s 75 (1))
      remainder commenced 28 April 2022 (s 2)

      Emergencies Amendment Act 2021 A2021-30 sch 1 pt 1.3

      notified LR 10 December 2021
      s 1, s 2 commenced 10 December 2021 (LA s 75 (1))

      sch 1 pt 1.3 commenced 11 December 2021 (s 2)

      Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.14

      notified LR 10 August 2022
      s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
      sch 3 pt 3.14 commenced 24 August 2022 (s 2)

      Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.25

      notified LR 29 September 2023
      s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
      sch 1 pt 1.25 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)

      Biosecurity Legislation Amendment Act 2024 A2024-11 sch 2 pt 2.4

      notified LR 19 April 2024
      s 1, s 2 commenced 19 April 2024 (LA s 75 (1))
      sch 2 pt 2.4 commenced 15 May 2025 (s 2 and see Biosecurity Act 2023 A2023-50, s 2 (2))

      Environment Protection Legislation Amendment Act 2024 A2024-35 pt 3

      notified LR 10 July 2024
      s 1, s 2 commenced 10 July 2024 (LA s 75 (1))
      ss 42-44 commenced 10 January 2025 (s 2 (2))
      pt 3 remainder commenced 11 July 2024 (s 2 (1))

      Environment Protection Amendment Regulation 2024 (No 1) SL2024‑17

      notified LR 15 August 2024
      s 1, s 2 commenced 15 August 2024 (LA s 75 (1))

      remainder commenced 16 August 2024 (s 2)

      Environment Protection (Industrial Chemicals) Amendment Regulation 2025 (No 1) SL2025-17

      notified LR 11 September 2025
      s 1, s 2 commenced 11 September 2025 (LA s 75 (1))
      remainder awaiting commencement

      Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.37, sch 4 pt 4.71

      notified LR 6 November 2025

      s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
      sch 3 pt 3.37, sch 4 pt 4.71 commenced 16 November 2025 (s 2 (1), (9))

    2. Amendment history

      Commencement

      s 2om LA s 89 (4)

      Dictionary

      s 3am A2021‑30 amdt 1.3

      Application of pt 2

      div 2.1 hdg note     am A2017‑21 amdt 1.21; A2022‑14 amdt 3.88

      Burning certain substances requires environmental authorisation

      s 10am SL2011‑1 s 4; A2024‑11 amdt 2.8, amdt 2.9

      Fire bans in bad weather

      s 11am A2009‑20 amdt 3.71; A2015‑33 amdt 1.79

      Conditions for sale or supply of firewood

      s 14sub A2017‑17 s 24

      amA2021-12 amdt 3.36

      Unapproved sale or supply of painted etc firewood—offence

      s 14Ains SL2011‑1 s 5

      am A2017‑17 s 25

      Solid fuel-burning equipment

      div 2.4Ains A2016‑24 s 19

      Minimum overall average efficiency—Act, sch 2, s 2.4 (3) (a) (ii)

      s 14B hdgsub A2024‑35 s 42

      s 14Bins A2016‑24 s 19

      am A2016‑24 s 20; A2024‑35 s 43

      Maximum appliance particulate emission factor—Act, sch 2, s 2.4 (3) (b) (ii)

      s 14C hdgsub A2024‑35 s 44

      s 14Cins A2016‑24 s 19

      am A2016‑24 s 21

      Balloons—exception for science

      s 19am A2011‑52 amdt 3.91; A2025‑29 amdt 4.71

      Noise

      pt 3 hdg note        am A2017‑21 amdt 1.22; A2022‑14 amdt 3.89

      Definitions for pt 3

      s 21def affected person am A2024‑35 s 45

      om SL2024‑17 s 4

      def territory lease om A2007‑25 amdt 1.55

      Meaning of affected place

      s 22am SL2007‑24 s 4; SL2024‑17 s 5

      Meaning of noise standard

      s 24am SL2007‑24 s 5; SL2019‑32 s 4; SL2024‑17 ss 6-9

      Noise taken to cause environmental harm—Act, s 5 (a)

      s 25am SL2007‑24 s 6

      Noise measurement manual

      s 29Ains SL2009‑29 s 4

      am A2025‑29 amdt 4.71

      Taking measurements of noise

      s 31am SL2009‑29 s 5, s 6

      Compliance point—exception for environmental protection agreement

      s 34am A2013‑40 s 6

      Compliance point—exception for environmental authorisation

      s 35am A2013‑40 s 6

      Compliance point—exception for public land with approval

      s 36am A2013‑40 s 6

      Offence to make noise louder than noise standard

      s 39am SL2019‑32 s 5

      Sale and hiring of things

      s 40am SL2007‑24 s 7, s 8; A2024‑35 s 46, s 47

      Environmental values of waterways for pt 4, sch 3 and sch 4

      s 41am A2007‑25 amdt 1.56; A2023-36 amdt 1.147, amdt 1.148

      Pollution of waterways

      s 44sub A2014-52 s 50

      Development waste not to enter stormwater system or waterways

      s 45 hdgam SL2009‑54 s 4

      s 45am SL2009‑54 s 4, s 5; A2014-52 s 51

      Areas near development to be kept clear

      s 46 hdgam SL2009‑54 s 6

      s 46am SL2009‑54 s 6, s 7; A2014-52 s 52

      Entries to and exits from land to be kept stable

      s 47am SL2009‑54 s 8, s 9; A2014-52 s 53

      Agvet chemical products

      pt 6 hdgsub SL2021‑26 s 4

      Interpretation

      div 6.1 hdgins SL2021‑26 s 4

      Definitions—pt 6

      s 53sub SL2021‑26 s 4

      def agricultural chemical product ins SL2021‑26 s 4

      def agvet chemical product ins SL2021‑26 s 4

      def agvet code ins SL2021‑26 s 4

      am A2024‑35 s 48

      def agvet permit ins SL2021‑26 s 4

      def approved label ins SL2021‑26 s 4

      def instruction ins SL2021‑26 s 4

      def registered ins SL2021‑26 s 4

      def veterinary chemical product ins SL2021‑26 s 4

      Using registered agvet chemical product in accordance with instructions

      s 53Ains SL2021‑26 s 4

      Agvet permits—eligible laws for agvet code

      s 53Bins SL2021‑26 s 4

      Agvet chemical products causing environmental harm

      div 6.2 hdgins SL2021‑26 s 4

      Agvet chemical products taken to cause environmental harm—Act, s 5 (b)

      s 54sub SL2021‑26 s 4

      Using agvet chemical products

      div 6.3 hdgins SL2021‑26 s 4

      Use of agricultural chemical products

      s 55am A2016‑24 s 22; ss renum R27 LA; A2018‑32 amdt 3.8

      sub SL2021‑26 s 4

      Use of veterinary chemical products

      s 55Ains SL2021‑26 s 4

      Recording use of agricultural chemical products

      s 55Bins SL2021‑26 s 4

      Training requirements for use of certain agvet chemical products

      div 6.4 hdgins SL2021‑26 s 4

      Definitions—div 6.4

      s 55Cins SL2021‑26 s 4

      def approved VET course unit of competency ins SL2021‑26 s 4

      def registered training organisation ins SL2021‑26 s 4

      am A2024‑35 s 49

      def restricted agvet chemical product ins SL2021‑26 s 4

      def schedule 7 poison ins SL2021‑26 s 4

      def statement of attainment ins SL2021‑26 s 4

      def VET course ins SL2021‑26 s 4

      Declared agvet chemical products

      s 55Dins SL2021‑26 s 4

      Approved VET course units of competency

      s 55Eins SL2021‑26 s 4

      Training—use of declared liquid fumigants

      s 55Fins SL2021‑26 s 4

      Training—use of declared vertebrate poisons

      s 55Gins SL2021‑26 s 4

      Training—use of declared avicides

      s 55Hins SL2021‑26 s 4

      Training—use of declared industrial timber treatments

      s 55Iins SL2021‑26 s 4

      Training—use of declared termiticides

      s 55Jins SL2021‑26 s 4

      Training—use of other agricultural chemical products containing schedule 7 poisons

      s 55Kins SL2021‑26 s 4

      Training—use of registered veterinary chemical products containing schedule 7 poisons

      s 55Lins SL2021‑26 s 4

      Definitions for pt 7

      s 56def NEPM am A2022‑14 amdt 3.90; A2024‑35 s 50

      Application of div 7.2

      s 57am A2024‑35 s 51

      Consignment authorisation for controlled waste

      s 58am A2014-52 s 54, s 55; ss renum R21 LA

      People who may conduct analysis

      s 64am SL2007‑24 s 9; A2011‑52 amdt 3.91; A2025‑29 amdt 4.71

      Procedures and protocols

      s 65am A2022‑14 amdt 3.91; A2024‑35 ss 52-54

      What is a recognised entity?

      s 66am A2011‑52 amdt 3.91; A2022‑14 amdt 3.92; A2025‑29 amdts 3.103-3.105, amdt 4.71; pars renum R44 LA

      Erosion and sediment control measures for development sites

      pt 8A hdgins A2014-52 s 56

      Meaning of erosion and sediment control measures—pt 8A

      s 66Ains A2014-52 s 56

      Development sites 0.3ha or greater

      s 66Bins A2014-52 s 56

      Development sites less than 0.3ha

      s 66Cins A2014-52 s 56

      sub A2019‑20 s 10

      Displacement of Legislation Act, s 47 (5) and (6)

      s 67am SL2007‑24 s 10; pars renum R4 LA; A2007‑39 amdt 1.6, amdt 3.50; SL2009‑29 s 7; A2013‑19 amdt 3.137, amdt 3.138; SL2021‑26 s 5, s 6; pars renum R37 LA;


      A2023-36

      amdt 1.149

      om A2024‑35 s 55

      Inspection of incorporated document

      s 68am A2011‑22 amdt 1.198; A2013‑19 amdt 3.139

      om A2024‑35 s 55

      Notification of incorporated document

      s 69am A2011‑22 amdt 1.199; A2011‑52 amdt 3.92; A2013‑19 amdt 3.140

      om A2024‑35 s 55

      Entity to be consulted—Act, s 25 (5)

      s 70om LA s 89 (3)

      ins A2016‑2 s 7

      Transitional—Environment Protection Amendment Regulation 2009 (No 1)

      pt 12 hdgins SL2009‑29 s 8

      exp 1 January 2010 (s 102)

      Noise control manual

      s 100ins SL2009‑29 s 8

      exp 1 January 2010 (s 102)

      Inspection of noise control manual––Act, s 19 (1) (r)

      s 101ins SL2009‑29 s 8

      exp 1 January 2010 (s 102)

      Expiry—pt 12

      s 102ins SL2009‑29 s 8

      exp 1 January 2010 (s 102)

      Exceptions—chimney emissions and open-air fires

      sch 1am A2012‑21 amdt 3.71, amdt 3.72; A2016‑33 amdt 1.24, amdt 1.25; A2024‑11 amdt 2.10

      Noise zones, noise standards and conditions

      sch 2am SL2006‑27 s 4; SL2007‑24 s 11, s 12

      Definitions for pt 2.1

      sch 2 s 2.1table 2.1 sub A2007‑25 amdt 1.58

      table 2.1 am A2008‑4 s 75; SL2008‑35 s 5; SL2011‑9 s 4

      table 2.1, except note sub SL2013-2 s 14

      table 2.1 am SL2019‑32 s 6; items renum R34 LA; SL2024‑17 s 13, s 14; items renum R41 LA

      def broadacre zone ins A2007‑25 amdt 1.57

      def CCEP core ins SL2024‑17 s 10

      def CCEP frame ins SL2024‑17 s 10

      def Central National Area (City) om SL2013-2 s 4

      def Central National Area (City Hill Precinct) ins SL2013-2 s 5

      am A2024‑35 s 56

      def Central National Area (Fairbairn) am SL2013-2 s 6

      def Central National Area (Parliamentary Zone and Other Areas) ins SL2013-2 s 8

      def 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) om SL2013-2 s 7

      def Central National Area (Parliamentary Zone and Other Areas) ins SL2013-2 s 8

      def city centre ins A2007‑25 amdt 1.57

      sub A2008‑4 s 71; SL2013-2 s 9; A2023-36 amdt 1.150; SL2024‑17 s 11

      def commercial C4 zone ins A2007‑25 amdt 1.57

      om A2008‑4 s 71

      def commercial C5 zone ins A2007‑25 amdt 1.57

      om A2008‑4 s 71

      def commercial CZ3 zone ins SL2024‑17 s 12

      def commercial CZ4 zone ins A2008‑4 s 71

      sub A2023-36 amdt 1.150

      def commercial CZ5 zone ins A2008‑4 s 71

      def community facility zone ins A2007‑25 amdt 1.57

      def corridor site ins SL2013-2 s 10

      sub A2023-36 amdt 1.150

      def group centre ins A2007‑25 amdt 1.57

      sub A2008‑4 s 72; SL2013-2 s 11; A2023-36 amdt 1.150

      def industrial zone ins A2007‑25 amdt 1.57

      def leisure and accommodation zone ins SL2008‑35 s 4

      def office site ins A2007‑25 amdt 1.57

      sub A2008‑4 s 72; SL2013-2 s 12; A2023-36 amdt 1.150

      def Queanbeyan city business zone am A2024‑35 s 57

      def restricted access recreation zone ins A2007‑25 amdt 1.57

      def town centre ins A2007‑25 amdt 1.57

      sub A2008‑4 s 74; SL2013-2 s 13; A2023-36 amdt 1.150

      def TS2 services zone ins A2007‑25 amdt 1.57

      om A2008‑4 s 74

      def TSZ2 services zone ins A2008‑4 s 74

      Noise zones other than zones B1, B3, B4 and C1

      sch 2 table 2.2 hdg  sub SL2024‑17 s 15

      sch 2 table 2.2       sub SL2019‑32 s 7

      am SL2024‑17 s 16; items renum R41 LA

      Noise zone B1

      sch 2 table 2.2A     ins SL2019‑32 s 7

      Noise zones B3 and B4—entertainment noise from place other than dwelling

      sch 2 table 2.2AA    ins SL2024‑17 s 17

      Noise zone C1

      sch 2 table 2.2B     ins SL2019‑32 s 7

      Interpretation for pt 2.3

      sch 2 s 2.2table 2.3 am SL2009‑29 s 9; SL2011‑9 s 7; A2013‑19 amdt 3.141; A2014-52 s 57; A2014‑59 amdt 2.12; SL2015‑28 s 5

      def light rail ins SL2015‑28 s 4

      sub A2017‑21 amdt 1.23

      def major road sub A2007‑25 amdt 1.59

      am A2023-36 amdt 1.151

      def network facility ins SL2011‑9 s 5

      def reserve ins A2014‑59 amdt 2.10

      def reserved area om A2014‑59 amdt 2.11

      def territory network facility ins SL2011‑9 s 5

      def territory service om SL2011‑9 s 6

      def utility service om SL2011‑9 s 6

      Dictionary

      dictam A2007‑3 amdt 3.202; A2007‑25 amdt 1.60; A2009‑20 amdt 3.72; SL2011‑1 s 6; A2011‑22 amdt 1.200; A2011‑28 amdt 3.113; A2011‑52 amdt 3.93; A2012‑21 amdt 3.73; A2013‑19 amdt 3.142, amdt 3.143; A2014-52 s 58; A2015‑19 s 47; A2015‑33 amdt 1.80; A2016‑24 s 23; A2016‑33 amdt 1.26, amdt 1.27; A2018‑32 amdt 3.9

      def affected person om SL2024‑17 s 18

      def agricultural chemical product ins SL2021‑26 s 7

      def agvet chemical product sub SL2021‑26 s 8

      def agvet code sub SL2021‑26 s 8

      def agvet permit ins SL2021‑26 s 9

      def approved label ins SL2021‑26 s 9

      def approved VET course unit of competency ins SL2021‑26 s 9

      def AS 2436 ins A2013‑19 amdt 3.144

      def broadacre zone ins A2007‑25 amdt 1.61

      am A2013‑19 amdt 3.150

      def building intruder alarm ins A2011‑28 amdt 3.114

      def built-up area sub A2021‑30 amdt 1.4

      def CCEP core ins SL2024‑17 s 19

      def CCEP frame ins SL2024‑17 s 19

      def Central National Area (City) om SL2013-2 s 15

      def Central National Area (City Hill Precinct) ins SL2013-2 s 16

      am A2013‑19 amdt 3.150

      def Central National Area (Fairbairn) am A2013‑19 amdt 3.150

      def Central National Area (Parliamentary Zone and Other Areas) ins SL2013-2 s 18

      am A2013‑19 amdt 3.150

      def 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) om SL2013-2 s 17

      def CFC om A2007‑39 amdt 3.51

      def city centre ins A2007‑25 amdt 1.61

      am A2013‑19 amdt 3.150

      def city centre entertainment precinct ins SL2024‑17 s 19

      def commercial C4 zone ins A2007‑25 amdt 1.61

      om A2008‑4 s 76

      def commercial C5 zone ins A2007‑25 amdt 1.61

      om A2008‑4 s 76

      def commercial CZ3 zone ins SL2024‑17 s 19

      def commercial CZ4 zone ins A2008‑4 s 76

      am A2013‑19 amdt 3.150

      def commercial CZ5 zone ins A2008‑4 s 76

      am A2013‑19 amdt 3.150

      def community facility zone ins A2011‑28 amdt 3.114

      def corridor site ins SL2013-2 s 19

      def domestic article om A2011‑28 amdt 3.115

      def erosion and sediment control measures ins A2014-52 s 59

      def group centre ins A2007‑25 amdt 1.61

      am A2013‑19 amdt 3.150

      def habitable room ins A2011‑28 amdt 3.116

      def halon om A2007‑39 amdt 3.51

      def HCFC om A2007‑39 amdt 3.51

      def industrial zone ins A2007‑25 amdt 1.61

      am A2013‑19 amdt 3.150

      def instruction ins SL2021‑26 s 9

      def leisure and accommodation zone ins SL2008‑35 s 6

      am A2013‑19 amdt 3.150

      def light rail ins SL2015‑28 s 6

      sub A2017‑21 amdt 1.24

      def major road ins A2007‑25 amdt 1.61

      am A2013‑19 amdt 3.145

      def motor vehicle intruder alarm ins A2011‑28 amdt 3.116

      def national capital plan ins A2011‑28 amdt 3.116

      def national scheme laws ins A2013‑19 amdt 3.146

      def network facility ins A2013‑19 amdt 3.147

      def noise control manual om SL2009‑29 s 10

      def noise measurement manual ins SL2009‑29 s 10

      def office site ins A2007‑25 amdt 1.61

      am A2013‑19 amdt 3.150

      def owner sub A2015‑19 s 48

      def parcel ins A2015‑19 s 49

      def Poisons Standard ins SL2021‑26 s 9

      am A2024‑35 s 58

      def primary production sub SL2007‑24 s 13

      def public holiday om A2011‑28 amdt 3.117

      def public land sub A2023-36 amdt 1.152

      def Queanbeyan city business zone am A2013‑19 amdt 3.150

      def Queanbeyan city industrial zone am A2013‑19 amdt 3.150

      def Queanbeyan city special uses zone am A2013‑19 amdt 3.150

      def registered ins SL2021‑26 s 9

      def reserve ins A2014‑59 amdt 2.13

      def reserved area ins A2011‑28 amdt 3.118

      om A2014‑59 amdt 2.14

      def residential land sub A2007‑25 amdt 1.62

      am A2023-36 amdt 1.153

      def restricted access recreation zone ins A2007‑25 amdt 1.63

      am A2013‑19 amdt 3.150

      def restricted agvet chemical product ins SL2021‑26 s 9

      def sell am A2025‑29 amdt 3.106

      def schedule 7 poison ins SL2021‑26 s 9

      def statement of attainment ins SL2021‑26 s 9

      def stormwater am A2025‑29 amdt 3.107

      def stormwater system am A2025‑29 amdt 3.108

      def territory lease om A2011‑28 amdt 3.119

      def territory network facility ins A2013‑19 amdt 3.147

      def territory service ins A2011‑28 amdt 3.120

      om A2013‑19 amdt 3.148

      def town centre ins A2007‑25 amdt 1.63

      am A2013‑19 amdt 3.150

      def TS2 services zone ins A2007‑25 amdt 1.63

      om A2008‑4 s 75

      TSZ2 services zone ins A2008‑4 s 76

      am A2013‑19 amdt 3.150

      def utility service ins A2011‑28 amdt 3.120

      om A2013‑19 amdt 3.149

      def VET course ins SL2021‑26 s 9

      def veterinary chemical product ins SL2021‑26 s 9

      def waste am A2025‑29 amdt 3.109

      def waterway am A2025‑29 amdt 3.110

    1. 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 and date Effective Last amendment made by Republication for
    R1
    18 Nov 2005
    18 Nov 2005–
    2 June 2006
    not amended new regulation
    R2
    3 June 2006
    3 June 2006–
    11 Apr 2007
    SL2006‑27 amendments by SL2006‑27
    R3
    12 Apr 2007
    12 Apr 2007–
    10 Sept 2007
    A2007‑3 amendments by A2007‑3
    R4
    11 Sept 2007
    11 Sept 2007–
    26 Dec 2007
    SL2007‑24 amendments by SL2007‑24
    R5
    27 Dec 2007
    27 Dec 2007–
    30 Mar 2008
    A2007‑39 amendments by A2007‑39
    R6
    31 Mar 2008
    31 Mar 2008–
    14 Aug 2008
    A2008‑4 amendments by A2007‑25 and A2008‑4
    R7
    15 Aug 2008
    15 Aug 2008–
    22 June 2009
    SL2008‑35 amendments by SL2008‑35
    R8
    23 June 2009
    23 June 2009–
    21 Sept 2009
    SL2009‑29 amendments by SL2009‑29
    R9
    22 Sept 2009
    22 Sept 2009–
    11 Dec 2009
    A2009‑20 amendments by A2009‑20
    R10
    12 Dec 2009
    12 Dec 2009–
    1 Jan 2010
    SL2009‑54 amendments by SL2009‑54
    R11
    2 Jan 2010
    2 Jan 2010–
    20 Jan 2011
    SL2009‑54 commenced expiry
    R12
    21 Jan 2011
    21 Jan 2011–
    10 Mar 2011
    SL2011‑1 amendments by SL2011‑1
    R13
    11 Mar 2011
    11 Mar 2011–
    30 June 2011
    SL2011‑9 amendments by SL2011‑9
    R14
    1 July 2011
    1 July 2011–
    20 Sept 2011
    A2011‑22 amendments by A2011‑22
    R15
    21 Sept 2011
    21 Sept 2011–
    11 Dec 2011
    A2011‑28 amendments by A2011‑28
    R16
    12 Dec 2011
    12 Dec 2011–
    4 June 2012
    A2011‑52 amendments by A2011‑52
    R17
    5 June 2012
    5 June 2012–
    7 Feb 2013
    A2012‑21 amendments by A2012‑21
    R18
    8 Feb 2013
    8 Feb 2013–
    13 June 2013
    SL2013-2 amendments by SL2013-2
    R19
    14 June 2013
    14 June 2013–
    26 Jan 2014
    A2013-19 amendments by A2013-19
    R20
    27 Jan 2014
    27 Jan 2014–
    11 Nov 2014
    A2013-40 amendments by A2013-40
    R21
    12 Nov 2014
    12 Nov 2014–
    10 June 2015
    A2014-52 amendments by A2014-52
    R22
    11 June 2015
    11 June 2015–
    30 June 2015
    A2014‑59 amendments by A2014‑59
    R23
    1 July 2015
    1 July 2015–
    31 Aug 2015
    A2015-19 amendments by A2015-19
    R24
    1 Sept 2015
    1 Sept 2015–
    13 Oct 2015
    SL2015‑28 amendments by SL2015‑28
    R25
    14 Oct 2015
    14 Oct 2015–
    23 Feb 2016
    A2015‑33 amendments by A2015‑33
    R26
    24 Feb 2016
    24 Feb 2016–
    11 May 2016
    A2016-2 amendments by A2016-2
    R27
    12 May 2016
    12 May 2016–
    20 June 2016
    A2016‑24 amendments by A2016‑24
    R28
    21 June 2016
    21 June 2016–
    14 Aug 2017
    A2016-33 amendments by A2016-33
    R29
    15 Aug 2017
    15 Aug 2017‑
    30 Aug 2017
    A2017‑21 amendments by A2017‑21
    R30
    31 Aug 2017
    31 Aug 2017–
    20 Dec 2018
    A2017‑21 amendments by A2017‑21
    R31
    21 Dec 2018
    21 Dec 2018–
    8 Aug 2019
    A2018‑32 amendments by A2018‑32
    R32
    9 Aug 2019
    9 Aug 2019–
    31 Aug 2019
    A2019‑20 amendments by A2019‑20
    R33
    1 Sept 2019
    1 Sept 2019–
    23 Dec 2019
    A2019‑20 amendments by A2016-24
    R34
    24 Dec 2019
    24 Dec 2019–
    22 June 2021
    SL2019-32 amendments by SL2019-32
    R35
    23 June 2021
    23 June 2021–
    10 Dec 2021
    A2021‑12 amendments by A2021‑12
    R36
    11 Dec 2021
    11 Dec 2021–
    27 Apr 2022
    A2021‑30 amendments by A2021‑30
    R37
    28 Apr 2022
    28 Apr 2022–
    23 Aug 2022
    SL2021‑26 amendments by SL2021‑26
    R38
    24 Aug 2022
    24 Aug 2022–
    26 Nov 2023
    A2022‑14 amendments by A2022‑14
    R39
    27 Nov 2023
    27 Nov 2023–
    10 July 2024
    A2023‑36 amendments by A2023‑36
    R40
    11 July 2024
    11 July 2024–
    15 Aug 2024
    A2024‑35 amendments by A2024‑35
    R41
    16 Aug 2024
    16 Aug 2024–
    9 Jan 2025
    SL2024‑17 amendments by SL2024‑17
    R42
    10 Jan 2025
    10 Jan 2025–
    14 May 2025
    SL2024‑17 amendments by A2024-35
    R43
    15 May 2025
    15 May 2025–
    15 Nov 2025
    SL2024‑17 amendments by A2024‑11
    1. Expired transitional or validating provisions

      This Act may be affected by transitional or validating provisions that have expired.  The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).

      Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.

      To find the expired provisions see the version of this Act before the expiry took effect.  The ACT legislation register has point-in-time versions of this Act.

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