Environmental Management and Pollution Control (Environmental Infringement Notices) Amendment Regulations (No. 2) 2010 (TAS)

Environmental Management and Pollution Control (Environmental Infringement Notices) Amendment Regulations (No. 2) 2010

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Environmental Management and Pollution Control Act 1994 .25 October 2010

PETER G. UNDERWOOD

Governor

By His Excellency’s Command,

D. J. O’BYRNE

Minister for Environment, Parks and Heritage

1Short titleThese regulations may be cited as the Environmental Management and Pollution Control (Environmental Infringement Notices) Amendment Regulations (No. 2) 2010 . 2CommencementThese regulations take effect on the day on which their making is notified in the Gazette. 3Principal RegulationsIn these regulations, the Environmental Management and Pollution Control (Environmental Infringement Notices) Regulations 2006 are referred to as the Principal Regulations. 4Schedule 2 amended (Prescribed offences) Schedule 2 to the Principal Regulations is amended as follows: (a) by omitting paragraph (e) from item 1 in Division 2 of Part 1 and substituting the following:

(e) residential premises of noise which is unreasonable having regard to –	2
(i) its volume, intensity or duration; and
(ii) the time, place and other circumstances in which it is emitted; and
(iii) whether it is, or is likely to be, audible in a habitable room of any other residential premises

(b) by omitting

18(1) 2

from the table in clause 2 of Part 2 and substituting the following item:

18(2)	2
18(3)	2
18A(1)	2
18A(2)	2
18B(1)	2

(c) by inserting the following item after item 4 in Part 2 : 5.    Environmental Management and Pollution Control (Underground Petroleum Storage Systems) Regulations 2010

Regulation

Penalty

(Penalty Units)

7(3)

10

8(1)

10

9(1)

10

9(3)

10

10(1)

10

10(3)

10

10(4)

10

10(5)

10

10(6)

10

11(1)

10

11(2)

10

11(4)

10

12(1)

10

12(2)

10

12(4)

10

13(2)

10

13(4)

10

14(2)

10

14(3)

10

14(4)

10

14(5)

10

14(7)

10

15(1)

10

15(4)

10

18(2)

10

19

10

20(2)

10

20(3)

10

20(5)

10

22(3)

10

23(2)

10

24(2)

10

24(3)

10

25(2)

10

25(5)

5

27(5)

10

28

10

30(2)

10

30(4)

10

30(5)

10

30(7)

10

30(8)

10

31(1)

10

31(2)

10

31(3)

10

32(1)

10

32(2)

10

33(1)

5

33(2)

5

33(5)

5

34

5

35(1)

5

35(2)

5

35(3)

5

36(1)

5

36(2)

5

36(3)

5

37

10

39(9)

10

40(3)

10

41(3)

10

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 3 November 2010

These regulations are administered in the Department of Primary Industries, Parks, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations amend the

(a) prescribing offences under the Environmental Management and Pollution Control (Underground Petroleum Storage Systems) Regulations 2010 for which infringement notices may be issued and the penalties payable for those infringement notice offences; and (b) revising existing offences, and adding new offences, under the Environmental Management and Pollution Control (Miscellaneous Noise) Regulations 2004 for which infringement notices may be issued and the penalties payable for those infringement notice offences.