Environmental Protection Amendment Act 2003 (WA)

Western Australia

Environmental Protection Amendment Act 2003

Western Australia

Environmental Protection Amendment Act 2003

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
3.	The Act amended	2
Part 2 — Assessment and

implementation of proposals

4.	Section 3 amended	3
5.	Section 37B inserted	4

37B.

Definitions

6.	Section 38 amended	5
7.	Section 38A inserted	8

38A.

Request for further information

Sections 39A and 39B inserted

39A.

Authority must decide whether to assess

proposals referred

39B.

Derived proposals

9.	Section 40 amended	11
10.	Sections 40A and 40B inserted	13

40A.	Termination of assessment	13
40B.	Assessment of a strategic proposal:
application of sections 41, 41A, 44 and 45	14

11.	Section 41 amended	14
12.	Section 41A inserted	15

41A.

Implementation to await authorisation

13.	Section 43 amended	16
14.	Section 43A inserted	16

43A.

Changes to proposals before report

Environmental Protection Amendment Act 2003

Contents

15.	Section 44 amended	17
16.	Section 45 amended	18
17.	Sections 45A, 45B and 45C inserted	19

45A.	Implementation of derived proposal	19
45B.	Implementation conditions apply to revised
proposals	20
45C.	Changes to proposals after assessment	21

18.

Section 46 replaced by sections 46 to 46C

46. Amendment of implementation conditions

by inquiry

46A.

Interim conditions and procedures

46B.

Amendment of implementation conditions

by assessment

46C.

Minor changes to implementation

conditions

19.

Section 47 replaced

47. Duties of proponents after service of

statement or notification

20.	Section 48 amended	26
21.	Section 48F amended	27
22.	Section 89 amended	28
23.	Section 100 amended	28
24.	Section 101 amended	30
25.	Schedule 1 amended	32
26.	Schedule 2 amended	32
Part 3 — Environmental regulation
Division 1 — Amendments to Environmental

Protection Act 1986

27.	Long title amended	33
28.	Section 3 amended	33
29.	Section 3A inserted	35

3A.

Pollution and environmental harm

30.	Section 15 amended	37
31.	Section 16 amended	37
32.	Section 26 amended	37
33.	Section 35 amended	37
34.	Section 48 amended	38
35.	Heading to Part V replaced	38

Environmental Protection Amendment Act 2003

Contents

Part V — Environmental regulation

Division 1 — Pollution and environmental

harm offences

36.	Section 49 amended	38
37.	Sections 50A, 50B, 50C and 50D inserted	39

50A.	Causing serious environmental harm	39
50B.	Causing material environmental harm	39
50C.	Court may find defendant guilty of alternative offences if charged with causing serious environmental harm	40
50D.	Regulations may require authorisation for
conduct that might cause pollution or
environmental harm	40

38.	Section 51 amended	41
39.	Part V Division 3 heading inserted	41
Division 3 — Prescribed premises, works

approvals and licences

40.	Section 53 amended	42
41.	Section 56 amended	43
42.	Section 60 amended	43
43.	Section 63A inserted	43

63A.

Particulars of works approvals and

licences to be recorded

44.	Part V Division 4 heading and section 64A inserted	44
Division 4 — Notices, orders and directions

64A.

Record of notices

45.	Section 65 amended and transitional	44
46.	Various references to “pollution abatement notice”
amended	48
47.	Section 66 amended	48
48.	Section 69 amended	49
49.	Section 71 amended	49
50.	Section 72 amended	49
51.	Section 73 amended and transitional	50
52.	Sections 73A and 73B inserted	53

73A.	Prevention notices	53
73B.	Damages for breach of notice	56

53.	Part V Division 5 heading inserted	56
54.	Section 74 amended	56
55.	Sections 74A and 74B inserted	57

74A.

Defences to proceedings for pollution or

environmental harm: authority of this Act

74B.

Other defences to environmental harm

offences

Environmental Protection Amendment Act 2003

Contents

56.	Section 75 amended	59
57.	Section 89 amended	59
58.	Section 90 amended	61
59.	Section 92 amended	61
60.	Section 92B amended	61
61.	Section 95 amended	62
62.	Section 96 amended	62
63.	Section 103 amended	62
64.	Section 111 amended	63
65.	Section 122A inserted	63

122A.

Codes of practice

66.	Schedule 1 amended	64
67.	Schedule 2 amended	65
Division 2 — Consequential amendments to

other Acts

68.	Consequential amendments	66
Part 4 — Licensing and works

approvals

69.	Section 3 amended	69
70.	Section 52 amended	69
71.	Section 53 amended	70
72.	Section 54 amended	70
73.	Section 55 amended	71
74.	Section 56 amended	71
75.	Section 57 amended	72
76.	Section 58 amended	73
77.	Section 59 replaced by sections 59, 59A and 59B	73

59.	Amendment of works approval or licence	73
59A.	Revocation or suspension of works
approval or licence	75
59B.	Manner of amendment, revocation or
suspension	75

78.	Section 60 amended	77
79.	Sections 61 and 62 replaced by sections 61, 62 and
62A	78

61. Duty of persons becoming occupiers of

prescribed premises

62.

Works approval and licence conditions

62A.

Some kinds of conditions

80.	Section 64 amended	83
81.	Section 68A inserted	83

Environmental Protection Amendment Act 2003

Contents

68A.

Closure notices

82.	Section 102 amended	86
83.	Section 105 amended	86
84.	Section 109 amended	86
85.	Schedule 1 amended	86
86.	Schedule 2 amended	87
Part 5 — Financial assurances
87.	Part VA inserted	89
Part VA — Financial assurances

86A.	Interpretation	89
86B.	Financial assurance requirement	90
86C.	Considerations when Minister consents to
or imposes a financial assurance
requirement	91
86D.	Amount of financial assurance	92
86E.	Claim on or realising of financial
assurance	93
86F.	Lapsing of financial assurance	94
86G.	Financial assurance not to affect other
action	95

88.	Schedule 1 amended	96
89.	Schedule 2 amended	96
Part 6 — Environmental protection

policies

90.	Section 5 amended	97
91.	Section 26 amended	97
92.	Section 28 amended	97
93.	Section 30 replaced	98

30.

Consultation by Minister

94.	Section 35 amended	98
95.	Section 36 amended	99
96.	Schedule 2 amended	100
97.	Approved policies amended and savings provisions	100

14.	Penalties	100
16.	Penalties	101
35.	Penalties	101

Part 7 — Appeals

98.	Section 3 amended	103
99.	Section 102 amended	103
100.	Section 106 replaced	104

Environmental Protection Amendment Act 2003

Contents

106.

Preliminary action in respect of appeals

104

101.	Section 107 amended	105
102.	Sections 107A, 107B, 107C and 107D inserted	106

107A.	Appeals Convenor	106
107B.	Functions and powers of Appeals
Convenor	106
107C.	Appeals panel	107
107D.	Administrative procedures for appeals	108

103.	Section 109 amended	108
104.	Schedule 7 inserted	109
Schedule 7 — Appeals Convenor

1.	Term of office	109
2.	Salary and entitlements	109
3.	Resignation and removal from office	109
4.	Appointment of public service officer	110
5.	Other conditions of service	111

Part 8 — Bilateral Agreements

105.	Section 3 amended	112
106.	Section 16 amended	112
107.	Section 17 amended	112
108.	Section 120 amended	113
Part 9 — Clearing permits
Division 1 — Amendments to Environmental

Protection Act 1986

109.	Section 3 amended	114
110.	Part V Division 2 inserted and transitional
provisions	114
Division 2 — Clearing of native vegetation

51A.	Definitions	114
51B.	Declaration of environmentally sensitive
areas	116
51C.	Unauthorised clearing of native vegetation	117
51D.	Particular provisions in relation to soil and
land conservation	117
51E.	Applications for clearing permits	118
51F.	Other decisions to take precedence	121
51G.	Duration of clearing permits	122
51H.	Clearing permit conditions	122
51I.	Some kinds of conditions	123
51J.	Contravention of clearing permit
conditions	125
51K.	Amendment of a clearing permit	125

Environmental Protection Amendment Act 2003

Contents

51L.

Revocation or suspension of clearing

permit

126

51M.

Manner of amendment, revocation or

suspension

127

51N.

Continuation of area permit on change of

ownership

129

51O.

Principles and instruments to be

considered when making decisions as to

clearing permits

130

51P.

Relationship between clearing permits and

approved policies

131

51Q.

Particulars of clearing permits to be

recorded

132

51R.

Evidentiary matters

132

51S.

Clearing injunctions

134

51T.

Other requirements not affected

135

111.

Section 70 replaced and transitional provisions

136

70.

Vegetation conservation notices

136

112.

Section 101A inserted

141

101A.

Lodging of appeals in respect of clearing

permits

141

113.	Section 105 amended	143
114.	Section 109 amended	143
115.	Schedule 1 amended	143
116.	Schedules 5 and 6 inserted	144
Schedule 5 — Principles for clearing

native vegetation

1.	Principles	144
2.	Definitions	145

Schedule 6 — Clearing for which a clearing permit is

not required

Division 2 — Consequential repeal and

amendment of Soil and Land

Conservation Regulations

117. Soil and Land Conservation (Clearing Control)

Regulations 1991 repealed

149

118. Soil and Land Conservation Regulations 1992

amended

149

119.

Transitional provisions

149

120. Wildlife Conservation Act 1950 sections 16 and

23D amended

150

Environmental Protection Amendment Act 2003

Contents

Part 10 — Miscellaneous

121.	Section 3 amended	152
122.	Section 4A inserted	152

4A.

Object and principles of Act

152

123.	Section 5 amended	154
124.	Section 12 amended	154
125.	Section 16 amended	155
126.	Section 23 repealed	155
127.	Section 81A amended	155
128.	Section 99 amended	156
129.	Section 99A amended	156
130.	Section 99J amended	156
131.	Section 99K amended	156
132.	Section 111A inserted and Schedule 1 amended	157

111A.

Victimisation

157

133.	Section 114 amended	158
134.	Section 114A inserted	159

114A.

Limitation periods

159

135.

Section 118 replaced

160

118. Liability of body corporate and of directors

and managers of body corporate

160

136.

Section 121 replaced

162

121.

Protection from liability

162

137.	Section 123 amended	162
138.	Schedule 2 amended	162
139.	Schedule 3 amended	163
140.	References to “Chief Executive Officer”	164
141.	Environmental Protection (Landfill) Levy Act 1998
amended	166
142.	Control of Vehicles (Off-road Areas) Act 1978
amended	166
Schedule 1 — Minor amendments to

section 3(1)

Western Australia

Environmental Protection Amendment

Act 2003

No. 54 of 2003

An Act to amend the Environmental Protection Act 1986; and for consequential and related purposes.

[Assented to 20 October 2003]

The Parliament of Western Australia enacts as follows:

Environmental Protection Amendment Act 2003

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This Act may be cited as the Environmental Protection

Amendment Act 2003.

2. Commencement

(1)

This Act comes into operation on a day to be fixed by

proclamation.

(2)

Different days may be fixed under subsection (1) for different

provisions.

(3)

The day fixed under subsection (1) for Part 9 or a provision in

Part 9 is not to be earlier than the earliest day on which

regulations made for the purposes of section 51C(c) of the

Environmental Protection Act 1986 as inserted by section 110

are laid before the Legislative Assembly under section 42(1) of

the Interpretation Act 1984.

3. The Act amended

The amendments in this Act are to the Environmental

Protection Act 1986* unless otherwise indicated.

[* Reprinted as at 11 January 2002.

For subsequent amendments see Act No. 25 of 2001.]

Environmental Protection Amendment Act 2003

Assessment and implementation of proposals

Part 2

s. 4

Part 2 — Assessment and implementation of proposals

4. Section 3 amended

(1)	Section 3(1) is amended as follows:

(a)	by inserting in the appropriate alphabetical positions the following definitions —

“

“implementation agreement or decision” means an agreement or decision under section 45 (or under section 45 as applied by section 46(8)) as to

whether or not a proposal to which a report

published under section 44(3) relates may be

implemented and, if that proposal may be

implemented, as to what conditions and

procedures, if any, that implementation is subject;

“implementation conditions” means the conditions

and procedures, if any, agreed or decided in

relation to a proposal under section 45 (or under

section 45 as applied by section 46(8));

“person” includes a public authority;

”;

(b)	in the definition of “proponent” by deleting “nominated under section 38 as being”.

(2)	After section 3(2a) the following subsection is inserted —

“

(2b)	If a person is for the time being nominated under section 38(6) as being responsible for a proposal that person is to be regarded, for the purposes of the definition of “proponent” in subsection (1), as the person responsible for the proposal.

”.

Environmental Protection Amendment Act 2003

Part 2	Assessment and implementation of proposals
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(3)	After section 3(3) the following subsection is inserted —

“

(3a)	A reference in this Act to the changing of implementation conditions is a reference to —

(a)	varying, removing or adding implementation conditions; or

(b) inserting implementation conditions where

none existed.

”.

5. Section 37B inserted

Before section 38 the following section is inserted in Part IV

Division 1 —

“

37B.	Definitions

(1) In this Division —

“significant proposal” means a proposal likely, if

implemented, to have a significant effect on the

environment;

“strategic proposal” has the meaning given by

subsection (2).

(2)	A proposal is a “strategic proposal” if and to the extent to which it identifies —

(a)	a future proposal that will be a significant proposal; or
(b)	future proposals likely, if implemented in combination with each other, to have a significant effect on the environment.

”.

Environmental Protection Amendment Act 2003

Assessment and implementation of proposals

Part 2

s. 6

6. Section 38 amended

(1)	Section 38(1) to (5) are repealed and the following subsections are inserted instead —

“

(1)	Subject to subsections (2) and (5j), any person may refer a significant proposal to the Authority.
(2)	In the case of a proposal under an assessed scheme, only the proponent can refer the proposal to the Authority under subsection (1).
(3)	Subject to subsection (5j), the proponent of a strategic proposal may refer the proposal to the Authority.
(4)	If it appears to the Minister that there is public concern about the likely effect of a proposal, if implemented, on the environment, the Minister may refer the proposal to the Authority.
(5)	Subject to subsection (5j), as soon as a decision-making authority has notice of a proposal that appears to it to be —

(a)	a significant proposal; or
(b)	a proposal of a prescribed class,

the decision-making authority is to refer the proposal to

the Authority.

(5a)

Subsection (5) does not apply if the proposal has been

referred to the Authority under subsection (1) or (4).

(5b)

In the case of a proposal under an assessed scheme, the

application of subsection (5)(a) is subject to

section 48I.

(5c)

If the Authority considers that a proposal that is —

(a)	a significant proposal; or

Environmental Protection Amendment Act 2003

Part 2

Assessment and implementation of proposals

s. 6

(b)	a proposal of a prescribed class,

has not been referred to it under subsection (1), (4) or

(5), the Authority is to require the proponent or a

decision-making authority to refer the proposal to the

Authority.

(5d)	A requirement under subsection (5c) is to be in writing and is to specify the period within which it has to be complied with.
(5e)	In the case of a proposal under an assessed scheme, the Authority can only require the referral of the proposal under subsection (5c) if it did not, when it assessed the assessed scheme under Division 3, have sufficient scientific or technical information to enable it to assess the environmental issues raised by the proposal.
(5f)	A requirement under subsection (5c) has effect despite section 48I(2).
(5g)	In subsections (5)(b) and (5c)(b), a reference to a proposal of a prescribed class includes a reference to a proposal of a prescribed class under an assessed scheme.
(5h)	A proponent or decision-making authority that has to refer a proposal to the Authority under a requirement under subsection (5c) is to do so within the period
specified in the requirement.
(5i)	A referral under this section is to be in writing.
(5j)	Subject to section 46B(2), a proposal cannot be referred to the Authority under this section more than once unless assessment of it has been terminated under section 40A.

”.

Environmental Protection Amendment Act 2003

Assessment and implementation of proposals

Part 2

s. 6

(2)	After section 38(6) the following subsection is inserted —

“

(6a)	If the person nominated under subsection (6) ceases to have responsibility for a proposal, that person is to give the Authority written notice advising the name of the person to whom or which responsibility for the proposal will pass or has passed.

”.

(3)

Section 38(7) is amended by deleting “, unless the proposal

concerned is no longer referred or required to be referred, or no

longer ought to be referred, under this section,”.

(4)

After section 38(7) the following subsection is inserted —

“

(7a)	Subsections (6a) and (7) apply even if a report on the proposal has been published under section 44(3) but do not apply if the assessment of the proposal has been terminated under section 40A.

”.

(5)	After section 38(8) the following subsection is inserted —

“

(9)

For the purposes of subsections (6a) and (7) and

section 3(2b), a person that has been notified under

section 39A(3)(a) that the Authority is going to assess a

proposal is to be regarded as having been nominated

under subsection (6) as being responsible for the

proposal whether or not such a nomination has been

made.

”.

Environmental Protection Amendment Act 2003

Part 2	Assessment and implementation of proposals
s. 7

7. Section 38A inserted

After section 38 the following section is inserted —

“

38A.	Request for further information

(1)	If the Authority considers that it does not have enough information about a proposal referred to it under section 38 to enable it to decide —

(a)	whether or not to assess the proposal;
(b)	whether or not to agree to a request made under section 39B(1); or
(c)	on the level of assessment if the proposal is going to be assessed,

it may, by written notice, request any person to provide

it with additional information about the proposal.

(2)

The 28 day period set by section 39A(3) is not to be

regarded as having begun in relation to a proposal until

each notice issued under subsection (1) in relation to

the proposal has been complied with or, in the case of a

notice sent to a person other than the person who

referred the proposal, the period specified in the notice

for complying with that notice has expired.

”.

8. Sections 39A and 39B inserted

After section 39 the following sections are inserted —

“

39A.	Authority must decide whether to assess proposals referred

(1)	When a proposal is referred to the Authority under section 38, the Authority is to decide whether or not to assess the proposal.

Environmental Protection Amendment Act 2003

Assessment and implementation of proposals

Part 2

s. 8

(2)	The Authority’s decision under subsection (1) is to be based on information —

(a)	submitted in or with the referral or under section 38A; or
(b)	derived from the Authority’s own investigations and inquiries.

(3)	Within 28 days after the referral of the proposal the Authority is to give written notice of whether or not it is going to assess the proposal to —

(a)	the proponent;
(b)	if the proposal was not referred by the proponent, the person that referred it; and
(c)	any relevant decision-making authority.

(4)	If, for any reason, a relevant decision-making authority is not given notice as required by subsection (3)(c) that a proposal is going to be assessed, the Authority may
give written notice to the decision-making authority under this subsection.
(5)	Notice under subsection (4) may be given by the Authority of its own motion or at the request of the decision-making authority, and may be given at any time before a report on the proposal is given to the Minister under section 44.
(6)	If the Authority decides to assess a proposal, it is to begin the assessment as soon as practicable after the notices are given under subsection (3).
(7)	If the Authority decides not to assess a proposal, it may nevertheless give advice and make recommendations on the environmental aspects of the proposal to the proponent or any other relevant person or authority.
(8)	This section does not apply if the proposal is declared under section 39B to be a derived proposal.

Environmental Protection Amendment Act 2003

Part 2	Assessment and implementation of proposals
s. 8

39B.	Derived proposals

(1)

If a proposal (the “referred proposal”) is referred to

the Authority under section 38 the proponent may

request the Authority in writing to declare the referred

proposal to be a derived proposal.

(2)

If the proposal is referred by the proponent, a request

under subsection (1) may be made in the referral.

(3)

If a request under subsection (1) is made, the Authority

is to declare the referred proposal to be a derived

proposal if it considers that —

(a)	the referred proposal was identified in a strategic proposal that has been assessed under this Part (the “strategic proposal”); and
(b)	after a report on the strategic proposal was published under section 44(3), it was agreed or decided under section 45 that the referred proposal could be implemented, or could be implemented subject to conditions and procedures agreed or decided under that section.

(4)	Despite subsection (3), the Authority may refuse to declare the referred proposal to be a derived proposal if it considers that —

(a)	environmental issues raised by the proposal were not adequately assessed when the strategic proposal was assessed;
(b)	there is significant new or additional information that justifies the reassessment of the issues raised by the proposal; or
(c)	there has been a significant change in the relevant environmental factors since the strategic proposal was assessed.

Environmental Protection Amendment Act 2003

Assessment and implementation of proposals

Part 2

s. 9

(5)	If the Authority declares the referred proposal to be a derived proposal, it is to —

(a)	record the declaration in the public record kept under section 39(1); and
(b)	give written notice of the declaration to the Minister.

(6)

If the Authority declares the referred proposal to be a

derived proposal, it is not to assess the proposal except

for the purposes of conducting an inquiry under

section 46(4).

(7)

If the Authority refuses to declare the referred proposal

to be a derived proposal it is to give written notice of

the refusal to the proponent.

(8)

The notice may be included in the notice given under

section 39A(3)(a).

”.

9. Section 40 amended

(1)	Section 40(1) is repealed and the following subsection is inserted instead —

“

(1)	This section and section 40A apply if the Authority assesses a proposal.

”.

(2)	Section 40(2) is amended as follows:

(a)	by deleting “under subsection (1)(b)”;
(b)	by deleting the comma after paragraph (c) and inserting a full stop;
(c)	by deleting the portion of the subsection after paragraph (c).

Environmental Protection Amendment Act 2003

Part 2	Assessment and implementation of proposals
s. 9

(3)	After section 40(2) the following subsection is inserted —

“

(2a)	As well as taking one or more of the courses of action set out in subsection (2)(a) to (c), the Authority may make such other investigations and inquiries as it thinks fit.

”.

(4)	Section 40(6) is repealed and the following subsection is inserted instead —

“

(6)	When the Authority causes any information or report to be made available for public review under subsection (4) —

(a)	the proponent must —

(i) at the proponent’s own expense and to the satisfaction of the Authority, make copies of that information or report and advertise its availability for public review;

(ii) provide copies of that information or report free of charge to such public authorities and persons, at such places and times as the Authority determines; and

(iii) provide copies of that information or report to members of the public at such places and times, and at a price not exceeding such maximum price, as the Authority determines;

and

(b)	the Authority may require the proponent to respond to any submissions made to the Authority in respect of that information or report in such manner as the Authority thinks fit.

”.

Environmental Protection Amendment Act 2003

Assessment and implementation of proposals	Part 2
s. 10

(5)	After section 40(8) the following subsection is inserted —

“

(9)	A proponent or other person upon whom a requirement is imposed under subsection (2)(a) or (b) or (6)(b) has to comply with that requirement.

”.

10. Sections 40A and 40B inserted

After section 40 the following sections are inserted —

“

40A.	Termination of assessment

(1)	The Authority may terminate the assessment of a proposal if —

(a)	the proponent agrees with the termination;
(b)	the proponent has failed to comply with —

(i)	a requirement made under section 40(2)(a) or (b);

(ii) section 40(6)(a); or

(iii)

a requirement made under

section 40(6)(b),

within such period as the Authority considers to

be reasonable in the circumstances; or

(c)	a decision-making authority has refused to approve the proposal.

(2)	Subsection (1)(c) does not authorise the termination of the assessment if the refusal by the decision-making authority —

(a)	is being appealed against or reviewed under an enactment; or
(b)	is capable of being appealed against or reviewed under an enactment.

Environmental Protection Amendment Act 2003

Part 2	Assessment and implementation of proposals
s. 11

40B.	Assessment of a strategic proposal: application of sections 41, 41A, 44 and 45

(1)

Sections 41, 41A and 45(7) do not apply in relation to a

strategic proposal.

(2)

Section 44 and section 45 (other than subsection (7))

apply in relation to a strategic proposal as if references

in them to implementation were references to the

implementation of a future proposal identified in the

strategic proposal in the event of that future proposal

being declared under section 39B to be a derived

proposal.

(3)

This section does not affect the application of

sections 41, 41A, 44 and 45 in relation to a strategic

proposal to the extent to which the strategic proposal is

itself a significant proposal.

”.

11. Section 41 amended

(1)

Section 41(1) is repealed.

(2)

Section 41(2)(a) is amended by deleting “or has been notified

under subsection (1) that a proposal has been referred to the

Authority under that section”.

(3)

Section 41(2)(c) is amended by deleting “40(1)(a) that the

Authority considers that the proposal should not be assessed by

the Authority under this Part” and inserting instead —

“

39A(3)(b) that the Authority is not going to

assess the proposal

”.

Environmental Protection Amendment Act 2003

Assessment and implementation of proposals	Part 2
s. 12

(4)	After section 41(2) the following subsection is inserted —

“

(3)

Without limiting subsection (2), a decision-making

authority that has been given notice under

section 39A(3)(c) or (4) that a proposal is going to be

or is being assessed is not to make any decision that

could have the effect of causing or allowing the

proposal to be implemented without having had an

authority under section 45(7) served on it.

”.

12. Section 41A inserted

After section 41 the following section is inserted —

“

41A.	Implementation to await authorisation

(1)	If a decision of the Authority that a proposal is to be assessed has been set out in the public record under section 39, a person who does anything to implement
the proposal before a statement is published under section 45(5)(b) or a notification is given under section 45(8) commits an offence.
(2)	Subsection (1) applies even if the assessment of the proposal has been terminated under section 40A and applies as if the references to section 45(5)(b) and (8)
to any revised or further proposal referred to the
were references to the application of those provisions proposal.
(3)	Subsection (1) does not apply to minor or preliminary work done with the Authority’s consent.

”.

Environmental Protection Amendment Act 2003

Part 2	Assessment and implementation of proposals
s. 13

13. Section 43 amended

(1)

Section 43(2) is amended by deleting “40(1)(b),” and inserting

instead —

“ 39, 39A(3), 40 ”.

(2)

After section 43(2) the following subsections are inserted —

“

(3)

A direction cannot be given under subsection (1) if a

statement has been served under section 45(5) or a

notification has been given under section 45(8).

(4)

The Minister is to cause copies of the reasons for

giving a direction under subsection (1) to be —

(a)	given to the Authority; and
(b)	published as soon as practicable after the direction is given.

”.

14. Section 43A inserted

After section 43 the following section is inserted —

“

43A.

Changes to proposals before report

While a proposal is being assessed, the Authority may

consent to the proponent changing the proposal without

a revised proposal being referred to the Authority

under this Part if the Authority considers that the

change is unlikely to significantly increase any impact

that the proposal may have on the environment.

”.

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Assessment and implementation of proposals	Part 2
s. 15

15. Section 44 amended

(1)	Section 44(1) and (2) are repealed and the following subsections are inserted instead —

“

(1)

If the Authority assesses a proposal, it is to prepare a

report on the outcome of its assessment of the proposal

and give that report (the “assessment report”) to the

Minister.

(2)

The assessment report must set out —

(a)	what the Authority considers to be the key environmental factors identified in the course of the assessment; and
(b)	the Authority’s recommendations as to whether or not the proposal may be implemented and, if it recommends that implementation be allowed, as to the conditions and procedures, if any, to

which implementation should be subject.

(2a)

The Authority may, if it thinks fit, include other information, advice and recommendations in the assessment report.

(2b)

Subject to subsection (2d), the assessment report may

be given to the Minister at any time but, so far as is

practicable, it must be given not later than 6 weeks

after the Authority completes its assessment or

reassessment of the proposal.

(2c)

The Minister may, after consulting the Authority, direct the Authority to prepare the assessment report and give it to the Minister —

(a)	within a specified period after the day on which —

(i) the proposal was referred to the Authority under section 38; or

Environmental Protection Amendment Act 2003

Part 2	Assessment and implementation of proposals
s. 16

(ii) a direction was given to the Authority under section 43(1),

as the case requires; or

(b) before a specified date.

(2d)	If a direction is given under subsection (2c) the Authority must give the assessment report to the Minister within the specified period or before the specified date.

”.

(2)	Section 44(3) is amended as follows:

(a)	by deleting “a report given to him under subsection (1)” and inserting instead —

“ the assessment report ”;

(b)

in paragraph (b)(ii) by deleting “notified under Authority” and inserting instead —

“

given notice under section 39A(3)(c) or

(4) in relation to the proposal

”.

16. Section 45 amended

(1)	Section 45(5) is repealed and the following subsection is inserted instead —

“

(5)	If the implementation agreement or decision is that the proposal may be implemented, or may be implemented subject to implementation conditions, the Minister is
to —

(a)	cause copies of a statement setting out the implementation agreement or decision to be served on —

(i) the Authority;

Environmental Protection Amendment Act 2003

Assessment and implementation of proposals	Part 2
s. 17

(ii) each decision-making authority that was consulted under subsection (1);

(iii) the proponent of the proposal; and

(iv) the person who referred the proposal (if it was not referred by a person referred to in subparagraph (ii) or (iii));

and

(b)	cause the statement to be published as soon as is practicable after it is served under paragraph (a).

”.

(2)	Section 45(6)(a) is amended by deleting “100(2)” and inserting instead —
“ 100(1)(d) ”.
(3)	Section 45(8) is amended by deleting “an agreement is reached or a decision is made under this section that a” and inserting instead —
“ the implementation agreement or decision is that the ”.

17. Sections 45A, 45B and 45C inserted

After section 45 the following sections are inserted —

“

45A.	Implementation of derived proposal

(1) In this section —

“section 39B declaration” means a declaration under

section 39B that a proposal is a derived proposal.

(2)	Subject to subsection (3), when a section 39B declaration is final, the implementation agreement or decision previously made in relation to the derived proposal takes effect and the Minister is to cause

Environmental Protection Amendment Act 2003

Part 2

Assessment and implementation of proposals

s. 17

written notice of the taking effect of the agreement or

decision to be served on —

(a)	the Authority;
(b)	each decision-making authority that was notified of the agreement or decision under section 45(5)(a)(ii);
(c)	the proponent of the derived proposal; and
(d)	the person who referred the derived proposal (if it was not referred by a person referred to in paragraph (b) or (c)).

(3)

If the implementation agreement or decision previously

made in relation to the derived proposal included

implementation conditions relating generally to 2 or

more future proposals, the Minister may, in the notice

under subsection (2), specify which of those

implementation conditions apply to the derived

proposal and, subject to sections 46 to 46C, the

conditions and procedures so specified are the

implementation conditions relating to the derived

proposal.

(4)

For the purposes of subsection (2), a section 39B

declaration is final when —

(a)	an appeal under section 100(1)(f) against the decision to make the declaration can no longer be lodged; and
(b)	no appeal was so lodged or any appeal so lodged was dismissed.

45B.

Implementation conditions apply to revised

proposals

If a proposal is revised after implementation conditions

have been agreed or decided, each of those

Environmental Protection Amendment Act 2003

Assessment and implementation of proposals

Part 2

s. 18

implementation conditions continues to apply in

relation to the revised proposal subject to —

(a)	it being changed under section 46; or
(b)	revised conditions or procedures being agreed or decided under section 45 in relation to the revised proposal after the revised proposal has been referred to the Authority and assessed.

45C.	Changes to proposals after assessment

(1)

After a statement has been issued under section 45(5) in relation to a proposal, the Minister may approve of the proponent changing the proposal without a revised proposal being referred to the Authority under this Part.

(2)

The Minister must not give approval under

subsection (1) if the Minister considers the change or

changes to the proposal might have a significant

detrimental effect on the environment in addition to, or

different from, the effect of the original proposal.

”.

18. Section 46 replaced by sections 46 to 46C

Section 46 is repealed and the following sections are inserted

instead —

“

46. Amendment of implementation conditions by inquiry

(1)

If the Minister considers that the implementation conditions relating to a proposal, or any of them, should be changed (whether because of changes to the

proposal authorised under section 45C or for any other

reason), the Minister may request the Authority to

inquire into and report on the matter within such period

as is specified in the request.

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Part 2	Assessment and implementation of proposals
s. 18

(2)	The Authority is to record any request made under subsection (1) in the public record kept under section 39.
(3)	The Authority is to carry out an inquiry in accordance with a request made under subsection (1).
(4)	Without limiting subsection (1), if a proposal is declared under section 39B to be a derived proposal, the Authority may inquire into whether or not the implementation conditions relating to the proposal, or any of them, should be changed.
(5)	For the purposes of an inquiry under subsection (3) or (4) the Authority has all the powers conferred on it by Division 1 in relation to a proposal.
(6)	On completing an inquiry under subsection (3) or (4), the Authority is to prepare and give to the Minister a report that includes —

(a)	a recommendation on whether or not the implementation conditions to which the inquiry relates, or any of them, should be changed; and
(b)	any other recommendations that it thinks appropriate.

(7)

As soon as the Minister is reasonably able to do so

after receiving copies of a report under subsection (6),

the Minister is to simultaneously cause that report to be

published, and copies of that report to be given, as if

that report were a report referred to in section 44(3).

(8)

After causing a report to be published under

subsection (7), the Minister is to deal with the question

of whether or not the implementation conditions to

which the report relates, or any of them, should be

changed as if that question were the question of to what

conditions and procedures, if any, the implementation

Environmental Protection Amendment Act 2003

Assessment and implementation of proposals

Part 2

s. 18

of a proposal should be subjected, and section 45

applies to the first-mentioned question accordingly.

(9)	A statement under section 45(5) as applied by subsection (8) may change any of the implementation conditions to which the report under subsection (6) relates.

(10)	A reference in this Division to a statement under section 45(5) includes a reference to a statement under section 45(5) as applied by subsection (8).

46A.	Interim conditions and procedures

(1)

Having made a request under section 46(1) the

Minister may, subject to subsection (3) and with the

consent of the proponent, issue interim conditions and

procedures to have effect instead of the implementation

conditions until a statement is published under

section 45(5) as applied by section 46(8).

(2)

The Minister is to cause notice of interim conditions

and procedures issued under subsection (1) —

(a)	to be given in writing to —

(i) the Authority;

(ii)	notified of the original implementation

each decision-making authority that was section 45(5)(a)(ii); and

(iii) the proponent of the proposal;

and

(b) to be published.

(3)	The Minister is not to issue interim conditions and procedures under subsection (1) if the Minister considers that implementation of the proposal under those interim conditions and procedures might have a significant detrimental effect on the environment in

Environmental Protection Amendment Act 2003

Part 2	Assessment and implementation of proposals
s. 18
addition to, or different from, the effect the proposal might have if implemented under the implementation conditions.

46B.	Amendment of implementation conditions by assessment

(1)

Section 46 does not prevent any of the implementation

conditions relating to a proposal from being inquired

into or reported on by the Authority when it is

assessing a revised or further proposal.

(2)

Despite anything in section 46, if the Minister and any

decision-making authority that was consulted under

this Act in relation to the implementation conditions

agree that a proposed change to the implementation

conditions is a major change, that decision-making

authority is to refer the proposed change to the

Authority under section 38(5) as a new proposal.

46C.	Minor changes to implementation conditions

(1)	The Minister may change the implementation conditions without making a request under section 46(1) if the Minister considers that the change is of a minor nature and is necessary or desirable in order to —

(a)

standardise the implementation conditions

applying to different proposals;

(b)

correct in the implementation conditions —

(i) a clerical mistake or unintentional error or omission;

(ii) a figure that has been miscalculated; or

(iii) a misdescription of any person, thing or property;

Environmental Protection Amendment Act 2003

Assessment and implementation of proposals	Part 2
s. 19

(c)	make an administrative change to the format of the implementation conditions that does not alter the obligations of the proponent.

(2)	The Minister is to cause notice of changes made under subsection (1) —

(a)	to be given in writing to —

(i) the Authority;

(ii) each decision-making authority that was consulted under this Act in relation to the implementation conditions; and

(iii) the proponent of the proposal;

and

(b) to be published.

”.

19. Section 47 replaced

Section 47 is repealed and the following section is inserted

instead —

“

47. Duties of proponents after service of statement or notification

(1)

If a statement has been served under section 45(5) and the proponent does not ensure that any implementation of the proposal to which the statement relates is carried out in accordance with the implementation conditions, the proponent commits an offence.

(2)

If a statement has been served under section 45(5)(a),

the proponent is to give the CEO such reports and

information about —

(a)	the implementation of the proposal to which the statement relates; and

Environmental Protection Amendment Act 2003

Part 2	Assessment and implementation of proposals
s. 20
(b) compliance with the implementation

conditions,

as are required by written notice given to the proponent

by the CEO.

(3)

If, without reasonable excuse, the proponent refuses or

fails to comply with a requirement made under

subsection (2), the proponent commits an offence.

(4)

If a notification has been given under section 45(8) and the proponent does anything to implement the proposal to which the notification relates, the proponent

commits an offence.

”.

20. Section 48 amended

(1)	Section 48(1) and (2) are repealed and the following subsections are inserted instead —

“

(1)

The CEO may monitor the implementation of a

proposal, or cause it to be monitored, for the purpose of

determining whether the implementation conditions

relating to the proposal are being complied with.

(1a)

If the CEO finds that any of the implementation

conditions is not being complied with, the CEO —

(a)	may exercise any power in respect of the non-compliance that is exercisable by the CEO under a written law; and
(b)	in any event, is to report the non-compliance to the Minister.

(2)	If implementation conditions relating to a proposal subject the implementation of the proposal to requirements made by a decision-making authority, the decision-making authority may monitor that

Environmental Protection Amendment Act 2003

Assessment and implementation of proposals	Part 2
s. 21
implementation, or cause it to be monitored, for the purpose of determining whether the implementation conditions of that kind are being complied with.

(2a)	If the decision-making authority finds that any of the implementation conditions of that kind is not being complied with, the decision-making authority —

(a)	may exercise any power in respect of the non-compliance that is exercisable by it under a written law or otherwise; and
(b)	in any event, is to report the non-compliance to the Minister.

”.

(2)	Section 48(3) is amended as follows:

(a)	by deleting paragraph (a);
(b)	in paragraph (b) by deleting “(2)(d)” and inserting instead —

“ (1a)(b) or (2a)(b) ”;

(c)	in paragraph (c) by deleting “subsection (2)” and inserting instead —

“ this section ”.

21. Section 48F amended

Section 48F(3) is amended as follows:

(a)	in paragraph (a) by deleting “(2)(b)” and inserting instead —

“ (3a)(d) ”;

(b)	in paragraph (b) by deleting “(2)(b)” and inserting instead —

“ (1)(e) ”.

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Part 2	Assessment and implementation of proposals
s. 22

22. Section 89 amended

Section 89(1)(f)(ii) is amended by deleting “section 45 or 48F ”

and inserting instead —

“ Part IV ”.

23. Section 100 amended

(1)	Section 100(1), (2) and (3) are repealed and the following subsections are inserted instead —

“

(1)	Any decision-making authority, responsible authority, proponent or other person that disagrees with —

(a)	a recorded decision of the Authority that a proposal is not to be assessed;
(b)	the recorded level of assessment of a proposal;
(c)	the content of any instructions set out in a public record under section 48B(1);
(d)	the content of, or any recommendation in, the report prepared under section 44 in respect of a proposal;
(e)	the content of, or any recommendation in, the report prepared under section 48D in respect of a scheme; or
(f)	a recorded declaration under section 39B,

may lodge with the Minister an appeal in writing

setting out the grounds of the appeal.

(1a)	In subsection (1) —
“recorded” means set out in a public record under

section 39(1).

(2)	Any proponent that disagrees with a decision of the Authority to refuse a request made under

Environmental Protection Amendment Act 2003

Assessment and implementation of proposals

Part 2

s. 23

section 39B(1) in relation to a proposal may lodge with

the Minister an appeal in writing setting out the

grounds of the appeal.

(3)

Any proponent that disagrees with any conditions or

procedures agreed under section 45(1) (or under

section 45(1) as applied by section 46(8)) may lodge

with the Minister an appeal in writing setting out the

grounds of that appeal.

(3a)

An appeal may be lodged —

(a)	under subsection (1)(a), (b), (c) or (f), within 14 days of the making available of the public record;
(b)	under subsection (1)(d), within 14 days of the publication of the report under section 44(3)(a);
(c)

under subsection (1)(e), within 14 days of the section 48D(3)(a);

(d)

under subsection (2), within 14 days after the person is notified of the refusal; or

(e)

publication of the statement under section 45(5)

(or under section 45(5) as applied by

under subsection (3), within 14 days after the agreement.

”.

(2)

Section 100(4)(a) is amended by deleting “section 48(4)(a) or

(b)” and inserting instead —

“ section 48(4)(b) ”.

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Part 2	Assessment and implementation of proposals
s. 24

24. Section 101 amended

(1)	Section 101(1) is amended by deleting “Subject to subsections (2a), (2b), (2c), (2d) and (2e), when an appeal is lodged under section 100” and inserting instead — “

When an appeal is lodged under section 100(1), (2) or

(4)

”.

(2)	Section 101(1)(b), (c) and (d) are deleted and the following paragraphs are inserted instead —

“

(b)

in the case of an appeal referred to in the Authority for the making of a decision, or fresh decision, as to whether or not the proposal is to be assessed, or as to the level of assessment, or both;

(c)

in the case of an appeal referred to in to the Authority for assessment, further assessment or reassessment, as the case requires, and for that purpose make a direction under section 43;

(d)	in the case of an appeal referred to in section 100(1)(d) —

(i) remit the proposal to the Authority for assessment, further assessment or reassessment, as the case requires, and for that purpose make a direction under section 43; or

(ii) vary the Authority’s recommendations

by changing the implementation

conditions;

Environmental Protection Amendment Act 2003

Assessment and implementation of proposals	Part 2
s. 24

(da)

in the case of an appeal referred to in

section 100(1)(c), deal with that appeal under

subsections (2a) to (2c);

(db)

in the case of an appeal referred to in

section 100(1)(e), deal with that appeal under

subsections (2d) and (2e);

(dc)

in the case of an appeal referred to in

section 100(1)(f) or (2), remit the proposal to

the Authority for the making of a fresh decision

as to the request made under section 39B(1);

”.

(3)	After section 101(1) the following subsection is inserted —

“

(1a)	When an appeal is lodged under section 100(3), sections 106, 109 and 110 apply to and in relation to the appeal as if the appeal were an appeal from a decision of the Minister.

”.

(4)	Section 101(2) is amended by inserting after “(1)(b)” —
“ , (c), (d) or (dc) ”.
(5)	Section 101(2d) is amended by deleting “(2)(b)” and inserting instead —
“ (1)(e) ”.
(6)	Section 101(3)(a) is amended by deleting “100(1) does not affect the relevant decision referred to in section 100(1)(a)” and inserting instead —

“

100(1)(a), (b) or (c) or (2) does not affect the

relevant decision

”.

Environmental Protection Amendment Act 2003

Part 2	Assessment and implementation of proposals
s. 25

(7)	Section 101(3)(b) is amended by deleting “(2)” and inserting instead —
“ (1)(d) or (e) ”.
(8)	Section 101(3)(c) is amended by inserting after “implementation” —
“ , or continued implementation, ”.
(9)	Section 101(3)(d) is deleted.

25. Schedule 1 amended

(1)

Schedule 1 Part 1 Divisions 1 and 2 are each amended in item 2

column 2 by inserting after “(1)” —

“ or (4) ”.

(2)

Schedule 1 Part 2 Division 1 is amended by redesignating

item 1 as item “1B” and inserting before that item the following

item —

“

41A(1)

$62 500

$12 500

”.

(3)	Schedule 1 Part 2 Division 2 is amended by redesignating item 1 as item “1B” and inserting before that item the following item —

“

41A(1)

$125 000

$25 000

”.

26. Schedule 2 amended

After Schedule 2 item 35 the following item is inserted —

“

35A.	Requiring things to be done or information to be provided under this Act in a prescribed manner or prescribed form.

”.

Environmental Protection Amendment Act 2003

Environmental regulation

Part 3

Amendments to Environmental Protection Act 1986

Division 1

s. 27

Part 3 — Environmental regulation

Division 1 — Amendments to Environmental Protection

Act 1986

27. Long title amended

The long title is amended by deleting “environmental pollution”

and inserting instead —

“ pollution and environmental harm ”.

28. Section 3 amended

(1)

Section 3(1) is amended by deleting the definition of “pollution”

and inserting the following definition instead —

“ “pollution” has the meaning given by section 3A; ”.

(2)

Section 3(1) is amended by inserting in the appropriate

alphabetical positions the following definitions —

“

“ecosystem health condition” means a condition of the ecosystem which is —

(a)	relevant to the maintenance of ecological structure, ecological function or ecological process and which requires protection from the effects of emissions or of activities referred to in paragraph (a) or (b) of the definition of “environmental harm” in section 3A(2); or
(b)	identified and declared under section 35(2) to be an ecosystem health condition to be protected under an approved policy;

“emission” means —

(a)	discharge of waste;
(b)	emission of noise, odour or electromagnetic radiation; or
(c)	transmission of electromagnetic radiation;

Environmental Protection Amendment Act 2003

Part 3	Environmental regulation
Division 1	Amendments to Environmental Protection Act 1986
s. 28
“environmental harm” has the meaning given by

section 3A;

“environmental protection notice” has the meaning

given by section 65;

“environmental value” means —

(a)	a beneficial use; or
(b)	an ecosystem health condition;

“material environmental harm” has the meaning

given by section 3A;

“native vegetation” means indigenous aquatic or

terrestrial vegetation, and includes dead vegetation

unless that dead vegetation is of a class declared

by regulation to be excluded from this definition

but does not include vegetation in a plantation;

“plantation” means one or more groups of trees,

shrubs or plants intentionally sown, planted or

propagated with a view to commercial

exploitation;

“prevention notice” has the meaning given by

section 73A(1);

“serious environmental harm” has the meaning given

by section 3A;

”.

(3)

Section 3(1) is amended by deleting the definition of “pollution

abatement notice”.

(4)

Section 3(1) is amended in the definition of “beneficial use” by

deleting “discharges of wastes or of emissions of noise, odour or

electromagnetic radiation” and inserting instead —

“

emissions or of activities referred to in paragraph (a) or

(b) of the definition of “environmental harm” in

section 3A(2)

”.

Environmental Protection Amendment Act 2003

Environmental regulation

Part 3

Amendments to Environmental Protection Act 1986

Division 1

s. 29

(5)	Section 3(1) is amended in the definition of “industrial plant” by deleting “discharging waste or emitting noise, odour or electromagnetic radiation” and inserting instead —
“ an emission ”.
(6)	Section 3(1) is amended in the definition of “trade” by deleting “the discharge of waste or the emission of noise, odour or electromagnetic radiation” and inserting instead —
“ an emission ”.

29. Section 3A inserted

After section 3 the following section is inserted —

“

3A.	Pollution and environmental harm

(1)	In this Act —
“pollution” means direct or indirect alteration of the environment —

(a)	to its detriment or degradation;
(b)	to the detriment of an environmental value; or
(c)	of a prescribed kind,

that involves an emission.

(2)	In this Act —
“environmental harm” means direct or indirect —

(a)	harm to the environment involving removal or destruction of, or damage to —

(i) native vegetation; or

(ii)

the habitat of native vegetation or animals;

Environmental Protection Amendment Act 2003

Part 3	Environmental regulation
Division 1	Amendments to Environmental Protection Act 1986
s. 29

(b)	alteration of the environment to its detriment or degradation or potential detriment or degradation;
(c)	alteration of the environment to the detriment or potential detriment of an environmental value; or
(d)	alteration of the environment of a prescribed kind;

“material environmental harm” means

environmental harm that —

(a)	is neither trivial nor negligible; or
(b)	results in actual or potential loss, property damage or damage costs of an amount, or amounts in aggregate, exceeding the

threshold amount;

“serious environmental harm” means environmental

harm that —

(a)	is irreversible, of a high impact or on a wide scale;
(b)	is significant or in an area of high conservation value or special significance; or
(c)	results in actual or potential loss, property damage or damage costs of an amount, or amounts in aggregate, exceeding 5 times the

threshold amount.

(3)

For the purposes of subsection (2) —

“damage costs” means the reasonable costs and

expenses that are or would be incurred in taking all

reasonable and practicable measures to prevent,

control or abate the environmental harm and to

make good resulting environmental damage;

Environmental Protection Amendment Act 2003

Environmental regulation

Part 3

Amendments to Environmental Protection Act 1986

Division 1

s. 30

“threshold amount” means $20 000, or if a greater

amount is prescribed by regulation, that amount.

”.

30. Section 15 amended

Section 15(b) is amended by inserting after “pollution” —

“ and environmental harm ”.

31. Section 16 amended

(1)	Section 16(b), (c) and (d) are amended by inserting after “pollution” in each place where it occurs —
“ and environmental harm ”.
(2)	Section 16(n) is amended by deleting “or pollution” and inserting instead —
“ , pollution and environmental harm ”.

32. Section 26 amended

Section 26(b) and (d)(ii) are amended by inserting after

“pollution” in each place where it occurs —

“ or environmental harm ”.

33. Section 35 amended

(1)	Section 35(1) is amended as follows:

(a)	in paragraph (a)(ii) by inserting after “pollution of ” —

“ , and environmental harm to, ”;

(b)	in paragraph (b) by deleting “the discharge of waste, the emission of noise, odour or electromagnetic radiation” and inserting instead —

“ an emission ”.

Environmental Protection Amendment Act 2003

Part 3	Environmental regulation
Division 1	Amendments to Environmental Protection Act 1986
s. 34

(2)	Section 35(2) is amended as follows:

(a)	in paragraph (c) by deleting “beneficial uses” and inserting instead —

“ environmental values ”;

(b)	in paragraph (f)(iv) by inserting after “pollution” —

“ or environmental harm ”;

(c)	in paragraph (f)(vi) by deleting “beneficial uses” and inserting instead —

“ environmental values ”.

34. Section 48 amended

Section 48(4)(b) and (d) are each amended by inserting after

“pollution” in both places where it occurs —

“ or environmental harm ”.

35. Heading to Part V replaced

The heading to Part V is repealed and the following headings

are inserted instead —

“

Part V — Environmental regulation

Division 1 — Pollution and environmental

harm offences

”.

36. Section 49 amended

Section 49(1) is amended in the definition of “unreasonable

emission” by inserting after “emission” —

“ or transmission ”.

Environmental Protection Amendment Act 2003

Environmental regulation

Part 3

Amendments to Environmental Protection Act 1986

Division 1

s. 37

37. Sections 50A, 50B, 50C and 50D inserted

After section 50 the following sections are inserted —

“

50A.	Causing serious environmental harm

(1)	A person who, intentionally or with criminal negligence —

(a)	causes serious environmental harm; or
(b)	allows serious environmental harm to be caused,

commits an offence.

(2)	A person who —

(a)	causes serious environmental harm; or
(b)	allows serious environmental harm to be caused,

commits an offence.

(3)	A person charged with committing an offence against subsection (1) may be convicted of an offence against subsection (2) which is established by the evidence.

50B.	Causing material environmental harm

(1)	A person who intentionally or with criminal negligence —

(a)	causes material environmental harm; or
(b)	allows material environmental harm to be caused,

commits an offence.

(2)	A person who —

(a)	causes material environmental harm; or

Environmental Protection Amendment Act 2003

Part 3

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Amendments to Environmental Protection Act 1986

s. 37

(b)	allows material environmental harm to be caused,

commits an offence.

(3)	A person charged with committing an offence against subsection (1) may be convicted of an offence against subsection (2) which is established by the evidence.

50C.

Court may find defendant guilty of alternative

offences if charged with causing serious

environmental harm

A person charged with committing an offence against

section 50A may be convicted of an offence against

section 50B(1) or (2) or 51C which is established by

the evidence.

50D.

Regulations may require authorisation for conduct that might cause pollution or environmental harm

(1)	In this section —
“authorisation” means a licence, permit, approval or

exemption granted, issued or given under the

regulations;

“conduct affecting the environment” means —

(a)	causing or allowing anything to be discharged, emitted or transmitted;
(b)	causing or allowing the nature or volume of anything discharged, emitted or transmitted to be changed;
(c)	conduct, or an operation or activity, that is a potential cause of pollution or environmental harm; or
(d)	causing or allowing conduct, or an operation or activity, that is a potential cause of pollution or environmental harm.

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Amendments to Environmental Protection Act 1986

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s. 38

(2)	If the regulations require an authorisation to be held for conduct affecting the environment, a person who contravenes the regulations by —

(a)	engaging in that conduct without there being an authorisation in force in relation to it; or
(b)	engaging in that conduct in contravention of a condition to which an authorisation is subject,

commits an offence.

(3)	Subsection (2) does not apply if a penalty for that contravention of the regulations is provided in the regulations.

”.

38. Section 51 amended

Section 51 is amended as follows:

(a)	in paragraph (a) by deleting “the discharge of waste or the emission of noise, odour or electromagnetic radiation” and inserting instead —

“ an emission ”;

(b)	in paragraph (b) by deleting “the discharge of waste and the emission of noise, odour or electromagnetic radiation” and inserting instead —

“ emissions ”.

39. Part V Division 3 heading inserted

Before section 52 the following Division heading is inserted —

“

Division 3 — Prescribed premises, works

approvals and licences

”.

Environmental Protection Amendment Act 2003

Part 3	Environmental regulation
Division 1	Amendments to Environmental Protection Act 1986
s. 40

40. Section 53 amended

(1)	Section 53(1) is amended as follows:

(a)	by deleting “or increase the discharge of waste or the emission of noise, odour or electromagnetic radiation, or alter the nature of the waste discharged or noise, odour or electromagnetic radiation emitted” and inserting instead —

“

an emission, or alter the nature or volume of the waste,

noise, odour or electromagnetic radiation emitted

”;

(b)	in paragraph (b)(ii) by inserting after “, the emission” the following —

“ or transmission ”;

(c)	in paragraph (f)(iii) by deleting “a pollution abatement notice” and inserting instead —

“ an environmental protection notice ”.

(2)	Section 53(2) is amended as follows:

(a)	discharge of waste or the emission of noise, odour or

in paragraph (a) by deleting “, alter or increase the “

an emission, or alter the nature or volume of the waste, noise, odour or electromagnetic radiation emitted,

”;

(b)	in paragraph (c)(iii) by deleting “a pollution abatement notice” and inserting instead —

“ an environmental protection notice ”.

Environmental Protection Amendment Act 2003

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Amendments to Environmental Protection Act 1986

Division 1

s. 41

41. Section 56 amended

Section 56 is amended as follows:

(a)	in paragraph (a) by deleting “the discharge of waste or the emission of noise, odour or electromagnetic radiation” and inserting instead —

“ an emission ”;

(b)	noise, odour or electromagnetic radiation emitted” and

in paragraph (b) by deleting “the waste discharged or “

the waste, noise, odour or electromagnetic

radiation emitted

”.

42. Section 60 amended

Section 60(2) is amended by deleting “discharge of waste or

emission of noise, odour or electromagnetic radiation” and

inserting instead —

“ emission ”.

43. Section 63A inserted

After section 63 the following section is inserted —

“

63A.	Particulars of works approvals and licences to be recorded

(1)	The CEO is to keep a record of such particulars of —

(a)	works approvals and licences;
(b)	applications for works approvals and licences;
(c)	applications for renewal of works approvals and licences; and

Environmental Protection Amendment Act 2003

Part 3

Environmental regulation

Division 1

Amendments to Environmental Protection Act 1986

s. 44

(d)	transfers of works approvals and licences,

as are prescribed.

(2)	The CEO is to publish from time to time in a prescribed manner prescribed particulars of the record.

”.

44. Part V Division 4 heading and section 64A inserted

After section 64 the following Division heading and section are

inserted —

“

Division 4 — Notices, orders and directions

64A.	Record of notices

(1)

The CEO is to keep a record of such particulars of notices given under this Division as are prescribed.

(2)

The CEO is to publish from time to time in a

prescribed manner prescribed particulars of the record.

”.

45. Section 65 amended and transitional

(1)	Section 65(1) and (2) are repealed and the following subsections are inserted instead —

“

(1)	If the CEO suspects on reasonable grounds that —

(a)	there is, or is likely to be, an emission from any premises, and the emission —

(i) does not comply with or would not if it were emitted comply with a standard required by or under an approved policy or a prescribed standard; or

Environmental Protection Amendment Act 2003

Environmental regulation

Part 3

Amendments to Environmental Protection Act 1986

Division 1

s. 45

(ii) has caused or is likely to cause pollution;

(b)	a person is doing, or is likely to do, an act in contravention of section 50A or 50B on any premises; or
(c)	an activity on premises does not comply with a standard required by or under an approved policy or a prescribed standard,

the CEO may cause to be given to the owner or the occupier, or both the owner and the occupier, of the premises a notice (“an environmental protection

notice”) in respect of the premises.

(1a)	An environmental protection notice may require a person bound by it to do any one or more of the following —

(a)	investigate the extent and nature of —

(i) the emission and its consequences;

(ii) the pollution and its consequences; or

(iii) the environmental harm and its consequences;

(b)	prepare and implement a plan for the prevention, control or abatement of —

(i) the emission;

(ii) the pollution; or

(iii) the environmental harm;

(c)	take such measures as the CEO considers necessary to —

(i) prevent, control or abate the emission;

(ii) prevent, control or abate the pollution;

Environmental Protection Amendment Act 2003

Part 3	Environmental regulation
Division 1	Amendments to Environmental Protection Act 1986
s. 45

(iii) prevent, control or abate the environmental harm; or

(iv) comply with the standard;

(d)	ensure that the amount of waste, noise, odour or electromagnetic radiation emitted from the premises, or the concentration of that waste, noise, odour or electromagnetic radiation when measured at a point specified in the environmental protection notice, does not exceed the limit specified in the notice;
(e)	monitor the effectiveness of actions taken under paragraph (a), (b), (c) or (d);
(f)	report to the CEO on any action taken under paragraph (a), (b), (c), (d) or (e) and its outcome.

(1b)

An environmental protection notice may require a person bound by it to do the matters referred to in subsection (1a) in accordance with an approval,

direction or requirement of a type specified in the

notice by a person specified in the notice.

(2)	An environmental protection notice —

(a)	is to specify —

(i) the name and address of the person on whom it is served;

(ii) the reason for which it is served;

(iii) a description of the relevant premises and the location of the premises sufficient to identify both;

(iv) the period within which the investigation is to be completed, the plan is to be prepared and the measures are to be taken; and

Environmental Protection Amendment Act 2003

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Amendments to Environmental Protection Act 1986

Division 1

s. 45

(v) the frequency of information to be reported to the CEO;

and

(b)	is to describe —

(i) the form of the investigation to be undertaken;

(ii) the form of the plan to be prepared and implemented;

(iii) the measures to be taken;

(iv) the form of the monitoring to be undertaken; and

(v) the content and form of information to be reported to the CEO.

”.

(2)	Section 65(3) is amended as follows:

(a)	by deleting “A pollution abatement notice” and inserting instead —

“ An environmental protection notice ”;

(b)	in paragraph (a) by deleting “on whom it is served” and inserting instead —

“ to whom it is given ”.

(3)

Section 65(5) is amended by deleting “the pollution abatement

notice” and inserting instead —

“ the notice ”.

(4)

A pollution abatement notice served before the coming into

operation of this section is taken to be an environmental

protection notice within the meaning of the Environmental

Protection Act 1986 as amended by this Act.

Environmental Protection Amendment Act 2003

Part 3	Environmental regulation
Division 1	Amendments to Environmental Protection Act 1986
s. 46

46. Various references to “pollution abatement notice” amended

(1)

In each place listed in the Table to this section “the pollution

abatement notice” is deleted and the following is inserted

instead —

“ the environmental protection notice ”.

Table

s. 65(3)(b)	s. 67 (3 times)
s. 65(4) (3 times)	s. 68
s. 65(4a)(b)	s. 69(1)(c)
s. 65(8)	s. 69(2)(a)
s. 66(2)

(2)

In each place listed in the Table to this section “a pollution

abatement notice” is deleted and the following is inserted

instead —

“ an environmental protection notice ”.

Table

s. 65(4)	s. 66(2)
s. 65(4a)(a)	s. 66(3)
s. 65(5)	s. 67
s. 66(1) (in the second and	s. 68
third places where it	s. 69(1)(a)
occurs)	s. 72(1)(b)

47. Section 66 amended

(1)	Section 66(1) is amended as follows:

(a)	by deleting “a pollution abatement notice is served” and inserting instead —

“ an environmental protection notice is given ”;

Environmental Protection Amendment Act 2003

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Amendments to Environmental Protection Act 1986

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s. 48

(b)	by deleting “the pollution abatement notice” and inserting instead —

“ the notice ”.

(2)	Section 66(2) is amended by deleting “that pollution abatement notice” and inserting instead —
“ that notice ”.
(3)	Section 66(4) is amended by deleting “pollution abatement notice” and inserting instead —
“ environmental protection notice ”.

48. Section 69 amended

Section 69(1)(a) is amended by deleting “the pollution

abatement notice” and inserting instead —

“ the notice ”.

49. Section 71 amended

Section 71(1)(a) is amended by inserting after “pollution” —

“

, material environmental harm or serious

environmental harm

”.

50. Section 72 amended

Section 72(1) is amended as follows:

(a)	by inserting after “cause pollution” —

“

, material environmental harm or serious environmental

harm

”;

Environmental Protection Amendment Act 2003

Part 3	Environmental regulation
Division 1	Amendments to Environmental Protection Act 1986
s. 51

(b)	by deleting “notify the Chief Executive Officer” and inserting instead —

“

give the CEO oral or electronic notification followed

by written notification

”.

51. Section 73 amended and transitional

(1)	Section 73(1) is repealed and the following subsections are inserted instead —

“

(1)	If an inspector or authorised person reasonably suspects that —

(a)	any waste has been or is being discharged from any premises otherwise than in accordance with a works approval, licence or requirement
contained in a closure notice or an environmental protection notice;
(b)	a condition of pollution is likely to arise or has arisen; or
(c)	a person has done, is doing, or is likely to do, an act in contravention of section 50A or 50B,

the inspector or authorised person may, with the

approval of the CEO, take the action referred to in

subsection (1a).

(1a)	The inspector or authorised person may, with such assistance as the inspector or authorised person considers appropriate —

(a)	remove, disperse, destroy, dispose of or otherwise deal with the waste which has been or is being discharged;
(b)	prevent the condition of pollution from arising or control or abate that condition if it arises; or

Environmental Protection Amendment Act 2003

Environmental regulation

Part 3

Amendments to Environmental Protection Act 1986

Division 1

s. 51

(c)	prevent the act referred to in subsection (1)(c) or control or abate the environmental harm if it arises,

as the case requires.

”.

(2)	Section 73(2) is repealed.
(3)	Section 73(3) is amended as follows:

(a)	by deleting “subsection (1)(b) or the Chief Executive Officer has reimbursed any cost under subsection (2)” and inserting instead —

“ subsection (1) ”;

(b)	by deleting paragraph (b) and inserting the following paragraph instead —

“

(b)	caused or allowed to be caused —

The principle of waste minimisation taken to minimise the generation of waste and its discharge into the environment.

”.

Environmental Protection Amendment Act 2003

Part 10	Miscellaneous
s. 123

123. Section 5 amended

(1)

Section 5(1) is amended by deleting “(1) Subject to

subsection (2), whenever” and inserting instead —

“ Whenever ”.

(2)

Section 5(2) and (3) are repealed.

124. Section 12 amended

(1)	Section 12(2) is repealed.
(2)	Section 12(3) is amended by deleting “that interest exists.” and inserting instead —
“ the Authority member has that interest. ”.
(3)	Section 12(4) is amended by deleting “and the Authority member may take part in the consideration or discussion of the matter, but shall not vote thereon”.
(4)	After section 12(4) the following subsection is inserted —

“

(5)	If an Authority member discloses an interest in a matter under subsection (1) or is determined under subsection (3) to have an interest in a matter, the Authority member shall not —

(a)	take part, as an Authority member, in the consideration or discussion of the matter; or

(b) vote on the matter.

”.

Environmental Protection Amendment Act 2003

Miscellaneous	Part 10
s. 125

125. Section 16 amended

After section 16(d) the following paragraph is inserted —

“

(da)	to advise the Minister on the making or amendment of regulations when requested by the Minister to do so or on its own initiative;

”.

126. Section 23 repealed

Section 23 is repealed.

127. Section 81A amended

(1)

Section 81A(2) is amended by deleting “Any equipment” and

inserting instead —

“ Subject to subsection (2a), any equipment ”.

(2)

After section 81A(2) the following subsections are inserted —

“

(2a)

The CEO may require the person who appears or has

been determined to be entitled to possession of

equipment seized under subsection (1) to pay to the

CEO the reasonable costs of seizing and storing the

equipment, and the equipment is not required to be

delivered under subsection (2) until those costs have

been paid.

(2b)

A person is not to be required to pay costs under

subsection (2a) if that person shows to the satisfaction

of the CEO that he or she did not use or cause or allow

to be used the equipment in the way that caused the

equipment to emit the unreasonable noise that resulted

in the seizure of the equipment.

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Part 10	Miscellaneous
s. 128

(2c)	If a person refuses to pay, or fails to pay within such reasonable time as is specified by the CEO, the reasonable cost of seizing and storing the equipment, the equipment may be disposed of in accordance with the regulations.

”.

128. Section 99 amended

Section 99(1) is amended as follows:

(a)	in paragraph (a) by inserting after “premises” —

“ or a vehicle ”;

(b)	in paragraph (c) by inserting after “premises” —

“ or vehicle ”.

129. Section 99A amended

Section 99A(1)(b) is deleted.

130. Section 99J amended

Section 99J(1) is amended by inserting after “An inspector” —

“

or, in the case of an alleged infringement notice offence in respect of which a prosecution may be instituted by a police officer without the consent of the CEO, a police

officer

”.

131. Section 99K amended

Section 99K(3) is amended by deleting “a Tier 3 offence” and

inserting instead —

“ an infringement notice offence ”.

Environmental Protection Amendment Act 2003

Miscellaneous	Part 10
s. 132

132. Section 111A inserted and Schedule 1 amended

(1)	After section 111 the following section is inserted —

“

111A. Victimisation

(1)	A person who for a reason described in subsection (2) —

(a)	prejudices, or threatens to prejudice, the safety or career of another person;
(b)	intimidates or harasses, or threatens to intimidate or harass, another person; or
(c)	takes, or threatens to take, detrimental action against another person,

commits an offence.

(2)	The reasons referred to in subsection (1) are that the other person or a member of the other person’s family —

(a)	has furnished, is furnishing, or will or may in the future furnish, information or assistance —

(i) in the course of, or for the purpose of, an inspection or investigation under this Act; or

(ii) to the CEO for a purpose relating to the administration of this Act;

(b)

has made, or will or may in the future make, an appropriate disclosure of information that tends to show that another person is, has been, or

proposes to be involved in an offence under this

Act.

Environmental Protection Amendment Act 2003

Part 10	Miscellaneous
s. 133

(3)	In subsection (1) —
“detrimental action” includes action causing,

comprising or involving —

(a)	damage or loss;
(b)

adverse discrimination, disadvantage, or career, profession, employment, trade or business; or

(c)	a reprisal.

(4)

For the purposes of this section, a reference to an

appropriate disclosure of information is a reference to a

disclosure of information if, and only if, the disclosure

is made in good faith and with an honest and

reasonable belief that the information is of sufficient

significance to justify its disclosure so that its truth

may be investigated.

”.

(2)	After Schedule 1 Part 2 Division 1 item 14 the following item is inserted —

“

111A(1)

$62 500

$12 500

”.

(3)	After Schedule 1 Part 2 Division 2 item 14 the following item is inserted —

“

111A(1)

$125 000

$25 000

”.

133. Section 114 amended

(1)	Section 114(1) is amended by deleting “acting with the consent of the Minister”.

Environmental Protection Amendment Act 2003

Miscellaneous	Part 10
s. 134

(2)	Section 114(1a) is amended as follows:

(a)	by deleting “subsection (3)” and inserting instead —

“ subsections (3) and (4) ”;

(b)	by deleting “acting with the consent of the Minister”.

(3)	Section 114(2) is repealed.
(4)	Section 114(3) is amended by inserting after “police officer” —
“ , or the chief executive officer of a local government, ”.
(5)	After section 114(3) the following subsection is inserted —

“

(4)

If the CEO has delegated a power under section 65(1) to a local government or the chief executive officer or an employee of a local government, a prosecution for an offence under section 65(5) in respect of a failure to

comply with a requirement contained in an

environmental protection notice caused to be served

under section 65(1) by that local government, chief

executive officer or employee may be instituted by the

chief executive officer of the local government.

”.

134. Section 114A inserted

After section 114 the following section is inserted —

“

114A.

Limitation periods

(1)

Despite section 51 of the Justices Act 1902, a

complaint of a Tier 1 offence may be made at any time.

(2)

Despite section 51 of the Justices Act 1902, a

complaint of any other offence under this Act may be

made within 24 months of the time when the matter of

complaint arose.

Environmental Protection Amendment Act 2003

Part 10	Miscellaneous
s. 135

(3)	Despite section 51 of the Justices Act 1902 and subsection (2), if a complaint of an offence to which subsection (2) applies specifies the day on which evidence of the alleged offence first came to the attention of a person authorised to institute the prosecution under section 114 the complaint —

(a)	may be made within 24 months after that day; and
(b)	need not contain particulars of the day on which the offence is alleged to have been committed.

(4)	The day on which evidence first came to the attention of a person authorised to institute a prosecution under section 114 is the day specified in the complaint, unless
the contrary is shown.

”.

135. Section 118 replaced

Section 118 is repealed and the following section is inserted

instead —

“

118. Liability of body corporate and of directors and managers of body corporate

(1)	If a body corporate commits an offence under this Act or the regulations, each person who is a director or who is concerned in the management of the body corporate is taken to have also committed the same offence unless the person proves that —

(a)	the person did not know, and could not reasonably be expected to have known, that the offence was being committed;

Environmental Protection Amendment Act 2003

Miscellaneous	Part 10
s. 135

(b) the person —

(i) was not in a position to influence the conduct of the body corporate in relation to the commission of the offence; or

(ii) being in such a position, used all due diligence and reasonable precautions to prevent the commission of the offence;

(c)	the body corporate would not have been found guilty of the offence by reason of being able to establish a defence available to it under this

Act.

(2)

Under this section a person may be proceeded against

and convicted of an offence whether or not the body

corporate has been proceeded against or convicted in

respect of the commission of the offence.

(3)

Nothing in this section prejudices or affects any

liability imposed on a body corporate for an offence

committed by the body corporate against this Act or the

regulations.

(4)

Without limiting any other law or practice regarding

the admissibility of evidence, evidence that an officer,

employee or agent of a body corporate (while acting in

his or her capacity as such) had, at any particular time,

a particular state of mind, is evidence that the body

corporate had that state of mind.

”.

Environmental Protection Amendment Act 2003

Part 10	Miscellaneous
s. 136

136. Section 121 replaced

Section 121 is repealed and the following section is inserted

instead —

“

121. Protection from liability

(1)	An action in tort does not lie against a person for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act.
(2)	The protection given by subsection (1) applies even though the thing done as described in that subsection may have been capable of being done whether or not this Act had been enacted.
(3)	This section does not relieve the Crown of any liability that it might have for another person having done anything as described in that subsection.
(4)	In this section, a reference to the doing of anything includes a reference to the omission to do anything.

”.

137. Section 123 amended

Section 123(1) is amended by deleting “, on the

recommendation of the Authority,”.

138. Schedule 2 amended

(1)

Schedule 2 item 3 is amended by inserting after

“measurements” —

“ and analysis of substances and things ”.

Environmental Protection Amendment Act 2003

Miscellaneous	Part 10
s. 139

(2)	Schedule 2 item 5 is amended as follows:

(a)	in paragraph (b) by inserting after “results, of ” —

“ analysis referred to in item 3 or ”;

(b)	in paragraph (c) by inserting after “measurements” —

“ , analysis ”;

(c)	in paragraph (d) —

(i) by inserting after “such tests” —

“ or analysis ”;

(ii) by inserting after “measurements” —

“ , analysis ”.

(3)	After Schedule 2 item 30A the following items are inserted —

“

30B.

Specifying the minimum and maximum permissible

concentrations or amounts of constituents of any matter that

may be present in any substance or thing.

30C.

Prohibiting or regulating the manufacture, sale, distribution

for sale, use or operation of any prescribed substance or

thing or any substance or thing of a prescribed class or

description.

”.

(4)

Schedule 2 item 36 is amended by deleting “and inspection” and

inserting instead —

“ , inspection and production ”.

139. Schedule 3 amended

Schedule 3 item 20 is amended as follows:

(a)

by deleting “In any” and inserting instead —

“

(1)

Subject to subitem (2), in any ”;

Environmental Protection Amendment Act 2003

Part 10	Miscellaneous
s. 140

(b)	by inserting the following subitem —

“

(2)

The Minister, by notice published in the Gazette, may

determine that a reference in any written law, agreement,

deed or other instrument referred to in subitem (1) to “the

Department of Conservation and Environment” or “the

Department” shall be construed as a reference to the

Department of the Public Service of the State through which

this Act is administered, and the determination shall have

effect accordingly.

”.

140. References to “Chief Executive Officer”

(1)	Section 3(1) is amended as follows:

(a)	by deleting the definition of “Chief Executive Officer”;
(b)	by inserting in the appropriate alphabetical position the following definition —

“

“CEO” means the chief executive officer of the

Department;

”.

(2)

In each place listed in the Table to this section “Chief Executive

Officer” is deleted and the following is inserted instead —

“ CEO ”.

Table

s. 11(3) (twice)	s. 99(3) and (4) (twice)
s. 20(1) (twice), (3) and (4)	s. 99A(1)(a) and (c), (2) (twice) and (4) (twice)
s. 22(1) and (2)	s. 99B(3)
s. 54(1)(a) and (c), (2) (twice),	s. 99C
(3) (twice), (4)
s. 57(1)(a) and (c), (2) (3 times), (3)	s. 99D(1) (twice)
(4 times) and (4)

Environmental Protection Amendment Act 2003

Miscellaneous	Part 10
s. 140

s. 60(1) and (2)	s. 99E(3)
s. 64(1)(a) and (c) and (2) (twice)	s. 99F(1) (twice)
s. 65(4) (twice), (6) and (7)	s. 99I(1)
s. 66(1) and (3) (twice)	s. 99R(2)
s. 67(a)	s. 99V(3)
s. 68	s. 99X(5)
s. 71(1), (2) and (4)	s. 99Y(1) (twice)
s. 72(3)	s. 99ZA(4) and (5)
s. 73(3) (in the second place where it	s. 99ZB(3)
occurs)
s. 74(1)(b), (1a)(b) and (2)	s. 102(1)(a), (b) and (c)
s. 75(1), (3), (4) and (5)	s. 105(a)
s. 87(1) and (2) (twice)	s. 110(1)
s. 88(1), (2), (3) (twice) and (6)	s. 110C(a)
s. 92B(1) (twice), (3) and (4) (twice)	s. 110L(2)(a)
s. 92C(1), (2) (3 times) and (5)	s. 112
s. 92D(1)	s. 114(1), (1a) (twice), (1b)(a), (1c), (3)
s. 92E(1) and (2)	s. 123(3)(a)
s. 92H(1), (2) and (3) (twice)	Schedule 3, clause 14(b)
s. 94(1)	Schedule 3, clause 20(g)
s. 95(1) (twice)	Schedule 4, clause 1(a) and (b) (twice)
s. 96(1) (3 times) and (2) (twice)	Schedule 4, clause 14
s. 97(1)

Environmental Protection Amendment Act 2003

Part 10	Miscellaneous
s. 141

141. Environmental Protection (Landfill) Levy Act 1998 amended

Section 3(1) of the Environmental Protection (Landfill) Levy Act 1998* is amended by deleting the definition of “licensed premises” and inserting the following definition instead —

“

“licensed premises” means premises in respect of

which the occupier is required to hold a licence under Part V of the principal Act and which are used for the purpose of disposing of waste to

landfill, whether or not a licence is in force;

”.

[* Act No. 11 of 1998.]

142. Control of Vehicles (Off-road Areas) Act 1978 amended

Section 18(7)(b) of the Control of Vehicles (Off-road Areas)

Act 1978* is amended by deleting “the Department of

Conservation and Environment and any other” and inserting

instead —

“

the CEO within the meaning of the

Environmental Protection Act 1986 and any

”.

[* Reprinted as at 5 March 1999.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 75 and Act No. 7 of 2002.]

Environmental Protection Amendment Act 2003

Minor amendments to section 3(1)

Schedule 1

Schedule 1 — Minor amendments to section 3(1)

[s. 121(1)]

Definition	Amendment
analysis	Delete “means test” and insert instead — “ means a test ”.
analyst	Delete “means analyst” and insert instead — “ means an analyst ”.
applicant	Delete “means person” and insert instead — “ means the person ”.
appeals committee	Delete “means appeals” and insert instead — “ means an appeals ”.
approved policy	Delete “means draft” and insert instead — “ means a draft ”.
assessed scheme
paragraph (a)	Delete “means scheme” and insert instead — “ means a scheme ”.
paragraph (b)	Delete “includes scheme” and insert instead — “ includes a scheme ”.
paragraph (c)	Delete “include scheme” and insert instead — “ include a scheme ”.
Authority	Delete “means Environmental” and insert instead — “ means the Environmental ”.
Authority member	Delete “means person” and insert instead — “ means a person ”. Delete “includes Chairman” and insert instead — “ includes the Chairman ”.

Environmental Protection Amendment Act 2003

Schedule 1

Minor amendments to section 3(1)

authorised person

Delete “means person” and insert instead —

“ means a person ”.

Delete “includes Chief Executive Officer” and

insert instead —

“ includes the CEO ”.

beneficial use

Delete “means use” and insert instead —

“ means a use ”.

committee of inquiry

Delete “means committee” and insert instead —

“ means a committee ”.

condition

Delete “includes restriction” and insert instead —

“ includes a restriction ”.

decision-making

Delete “means public” and insert instead —

authority

“ means a public ”.

Department

Delete “means department” and insert instead —

“ means the department ”.

draft policy

Delete “means draft” and insert instead —

“ means a draft ”.

driver

paragraph (b)

Delete “means pilot” and insert instead —

“ means the pilot ”.

paragraph (c)

Delete “means master” and insert instead —

“ means the master ”.

equipment

Delete “means apparatus” and insert instead —

“ means any apparatus ”.

final approval

paragraph (a)

Delete “means approval” and insert instead —

“ means an approval ”.

paragraph (aa)

Delete “means approval” and insert instead —

“ means an approval ”.

paragraph (ab)

Delete “means approval” and insert instead —

“ means an approval ”.

Environmental Protection Amendment Act 2003

Minor amendments to section 3(1)

Schedule 1

paragraph (ac)

Delete “means approval” and insert instead —

“ means an approval ”.

paragraph (b)

Delete “means approval” and insert instead —

“ means an approval ”.

paragraph (c)

Delete “means approval” and insert instead —

“ means an approval ”.

paragraph (d)

Delete “means approval” and insert instead —

“ means an approval ”.

paragraph (e)

Delete “means approval” and insert instead —

“ means an approval ”.

paragraph (f)

Delete “means approval” and insert instead —

“ means an approval ”.

fuel burning equipment

Delete “or open” and insert instead —

“ or an open ”.

inspector

Delete “means person” and insert instead —

“ means a person ”.

Delete “includes Chief Executive Officer” and

insert instead —

“ includes the CEO ”.

licence

Delete “means licence” and insert instead —

“ means a licence ”.

licensee

Delete “means holder” and insert instead —

“ means the holder ”.

occupier

paragraph (a)

Delete “means person” and insert instead —

“ means a person ”.

paragraph (b)

Delete “part, person” and insert instead —

“ part, a person ”.

period of public review

paragraph (a)

Delete “means period” and insert instead —

“ means the period ”.

Environmental Protection Amendment Act 2003

Schedule 1

Minor amendments to section 3(1)

paragraph (aa)

Delete “means period” and insert instead —

“ means the period ”.

paragraph (ab)

Delete “means period” and insert instead —

“ means the period ”.

paragraph (ac)

Delete “means period” and insert instead —

“ means the period ”.

paragraph (b)

Delete “means period” and insert instead —

“ means the period ”.

paragraph (c)

Delete “means period” and insert instead —

“ means the period ”.

paragraph (d)

Delete “means period” and insert instead —

“ means the period ”.

paragraph (e)

Delete “means period” and insert instead —

“ means the period ”.

paragraph (f)

Delete “means period” and insert instead —

“ means the period ”.

proponent

Delete “means person” and insert instead —

“ means the person ”.

Delete “or public” and insert instead —

“ or the public ”.

proposal

Delete “means project” and insert instead —

“ means a project ”.

proposal under an

Delete “means application” and insert instead —

assessed scheme

“ means an application ”.

public authority

Delete “means Minister” and insert instead —

“ means a Minister ”.

public place

Delete “means place” and insert instead —

“ means a place ”.

responsible authority

paragraph (a)(i)

Delete “means East” and insert instead —

“ means the East ”.

Environmental Protection Amendment Act 2003

Minor amendments to section 3(1)

Schedule 1

paragraph (a)(ia)

Delete “means Midland” and insert instead —

“ means the Midland ”.

paragraph (a)(ic)

Delete “means Armadale” and insert instead —

“ means the Armadale ”.

paragraph (a)(ii)

Delete “means Subiaco” and insert instead —

“ means the Subiaco ”.

paragraph (a)(iii)

Delete “means Western” and insert instead —

“ means the Western ”.

paragraph (a)(iv)

Delete “means Western” and insert instead —

“ means the Western ”.

paragraph (a)(v)

Delete “means local authority within the meaning of the Town Planning and Development Act 1928” and insert instead —

“ means the local government ”.

paragraph (a)(vi)

Delete “means Western” and insert instead —

“ means the Western ”.

paragraph (b)(i)

Delete “means Western” and insert instead —

“ means the Western ”.

paragraph (b)(ii)

Delete “means local authority (as defined by the Town Planning and Development Act 1928)” and insert instead —

“ means the local government ”.

responsible Minister

Delete “means Minister” and insert instead —

“ means the Minister ”.

scheme

Delete the definition and insert instead —

“

“scheme” means —

(a)	a redevelopment scheme within the meaning of the East Perth Redevelopment Act 1991, or an amendment to such a redevelopment

scheme;

Environmental Protection Amendment Act 2003

Schedule 1

Minor amendments to section 3(1)

(b)

a redevelopment scheme within the meaning of the Midland Redevelopment

Act 1999, or an amendment

to such a redevelopment

scheme;

(c)

meaning of the Hope

Valley-Wattleup

Redevelopment Act 2000, or

a master plan within the master plan;

(d)	a redevelopment scheme within the meaning of the Armadale Redevelopment Act 2001, or an amendment
to such a redevelopment scheme;
(e)	a redevelopment scheme within the meaning of the Subiaco Redevelopment
Act 1994, or an amendment to such a redevelopment scheme;
(f)	an amendment to the Metropolitan Region Scheme;
(g)	a regional planning scheme, or an amendment to a regional planning scheme;
(h)

a town planning scheme, or planning scheme; or

Environmental Protection Amendment Act 2003

Minor amendments to section 3(1)

Schedule 1

(i)	to which section 5AA(8) of the Town Planning and Development Act 1928

a statement of planning policy such a statement;

”.

the repealed Act

Delete the definition.

Insert in the appropriate alphabetical position the

following definition —

“

“repealed Act” means the

Environmental Protection

Act 1971;

”.

the regulations

Delete the definition.

Insert in the appropriate alphabetical position the

following definition —

“

“regulations” means the regulations

under section 123(1);

”.

the Western Australian

Delete the definition.

Planning Commission

Insert in the appropriate alphabetical position the

following definition —

“

“Western Australian Planning

Commission” means the Western Australian Planning Commission established by section 4 of the

Western Australian Planning

Commission Act 1985;

”.

Environmental Protection Amendment Act 2003

Schedule 1

Minor amendments to section 3(1)

trade

Delete “means trade” and insert instead —

“ means a trade ”.

Delete “includes activity” and insert instead —

“ includes an activity ”.

vehicle

Delete “includes self-propelled” and insert

instead —

“ includes a self-propelled ”.

works approval

Delete “means works approval” and insert

instead —

“ means a works approval ”.