Environmental Management and Pollution Control (Environmental Infringement Notices) Regulations 2006 (TAS)

Environmental Management and Pollution Control (Environmental Infringement Notices) Regulations 2006

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 .21 August 2006

W. J. E. COX

Governor

By His Excellency’s Command,

PAULA WRIEDT

Minister for Tourism, Arts and the Environment

1Short titleThese regulations may be cited as the Environmental Management and Pollution Control (Environmental Infringement Notices) Regulations 2006 . 2CommencementThese regulations take effect on the day on which their making is notified in the Gazette. 3InterpretationIn these regulations, unless the contrary intention appears – Act means the Environmental Management and Pollution Control Act 1994 . 4Withdrawal noticesFor the purposes of section 68(3) of the Act, the prescribed form of a withdrawal notice is as set out in Schedule 1 . 5Prescribed offences (1) For the purposes of section 72 of the Act – (a) an offence under a provision of an Act or regulations specified in Schedule 2 is a prescribed offence; and (b) an offence under section 53(2) of the Act constituted by conduct specified in Division 2 of Part 1 of that Schedule is a prescribed offence. (2)  The penalty specified in Schedule 2 in relation to an offence is the penalty applicable to that offence if the person accepts an environmental infringement notice in relation to it. 6Legislation rescindedThe legislation specified in Schedule 3 is rescinded. Schedule 1Withdrawal notices

Regulation 4

Schedule 2Prescribed offences

Regulation 5

PART 1ActsDivision 1Offences specified in Acts 1.    Environmental Management and Pollution Control Act 1994

Section

Penalty

(penalty units)

32(1)

5

32(2)

10

45(1)

2

45(3)

5

76

2

77(1)

5

78

2

79

2

80

2

81(d)

2

81A(2)

2

81B(1)

2

94(2)

2

95(1)(a)

2

95(1)(b)

2

95(1)(c)

2

95(1)(d)

2

2.    Land Use Planning and Approvals Act 1993

Section

Penalty

(penalty units)

63(2)(c)

5

Division 2Offences under section 53(2) of the Act constituted by specified conduct

Type of conduct	Penalty (penalty units)
1.	Unlawfully causing an environmental nuisance by the emission from –
(a) residential premises of a pollutant in water, wastewater or any other form of liquid	2
(b) any premises other than residential premises of a pollutant in water, wastewater or any other form of liquid	5
(c) residential premises of a solid, liquid or gaseous pollutant, including offensive odours, into the atmosphere	2
(d) any premises other than residential premises of a solid, liquid or gaseous pollutant, including offensive odours, into the atmosphere	5
(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 can be heard in a habitable room of any other residential premises
(f) premises other than residential premises of noise which is unreasonable having regard to –	5
(i) its volume, intensity or duration; and
(ii) the time, place and other circumstances in which it is emitted
(g) residential premises of a pollutant in the form of energy other than noise, including radioactivity and electromagnetic radiation	2
(h) premises other than residential premises of a pollutant in the form of energy other than noise, including radioactivity and electromagnetic radiation	5
(i) residential premises of a pollutant which comprises solid material	2
(j) premises other than residential premises of a pollutant which comprises solid material	5
(k) any vehicle of a pollutant other than noise and including solids, liquids or gases	2
(l) any vehicle, not on a public street, of noise	2

PART 2Regulations 1.   Environment Protection (Domestic Solid Fuel Burning Appliances) Regulations 1993

Regulation

Penalty

(penalty units)

4(1)

5

5(1)

5

12(1)

5

12(2)

5

17

5

2.    Environmental Management and Pollution Control (Miscellaneous Noise) Regulations 2004

Regulation

Penalty

(penalty units)

5(1)

2

6

2

7

2

8(1)

2

9

2

10(1)

2

10(2)

2

11(1)

2

12

2

13(1)

2

14(1)

2

15

2

17(3)

2

17(4)

2

18(1)

2

20(5)

2

3.    Environmental Management and Pollution Control (Waste Management) Regulations 2000

Regulation

Penalty

(penalty units)

6(1)

5

6(2)

2

6(3)

2

7(1)

5

7(5)

5

8(1)

5

8(2)

5

10(1)

5

12B(1)

5

12B(3)

5

12B(4)

2

Schedule 3Legislation rescinded

Regulation 6

Environmental Management and Pollution Control (Infringement Notices) Regulations 1996 (No. 77 of 1996)

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

Notified in the Gazette on 30 August 2006

These regulations are administered in the Department of Tourism, Arts and the Environment.

EXPLANATORY NOTE

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

(a) prescribe the form of a withdrawal notice for an environmental infringement notice; and (b) prescribe certain offences as offences in relation to which an environmental infringement notice may be served; and (c) rescind the Environmental Management and Pollution Control (Infringement Notices) Regulations 1996 .