Northern Territory Environment Protection Authority Act 2012 (NT)

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NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY ENVIRONMENT PROTECTION AUTHORITY ACT 2012

As in force at 1 February 2022

Table of provisions [if supportFields]> TOC \o "1-9" <![endif] — Preliminary matters1 — Short title2 — Commencement3 — Definitions4 — Act binds Crown5 — Application of Criminal CodePart 2 — Northern Territory Environment Protection AuthorityDivision 1 — Establishment6 — NT EPA establishedDivision 2 — Objectives, functions and powers of NT EPA7 — Objectives8 — Functions and powers9 — IndependenceDivision 3 — Constitution and membership10 — Membership11 — Chairperson12 — Duration of appointment13 — Leave of absence13A — Acting members14 — Vacation of office15 — Termination of appointmentDivision 4 — Procedures of NT EPA16 — Procedures17 — Meetings18 — Quorum at meetings19 — Presiding member at meetings20 — Voting at meetings21 — Records of meetings22 — Disclosure of interest23 — Effect of personal interest24 — Limitation on challenge to decision of memberPart 2A — Statement of intent24A — Statement of intent24B — Making statement24C — Publication24D — Regard to statement of intentPart 3 — Advice and reports of NT EPADivision 1 — Advice and reports on general matters25AA — Regard to principles of ecologically sustainable development25 — Advice of NT EPA26 — Matters for consideration28 — Environmental quality reports28A — Reports on system of environmental management29 — Availability of advice and reports29A — Response to advice or reportDivision 2 — Advice on specific matters29B — Advice of NT EPA on specific matters29C — Matters for consideration29D — Availability of adviceDivision 3 — Inquiries30 — Conduct of inquiriesPart 4 — Offences31 — Misleading information32 — Offence to disclose certain informationPart 5 — Administrative matters33 — Annual report34 — Guidelines35 — Protection from liability36 — Delegation37 — Staff and facilities for NT EPA38 — RegulationsPart 6 — Repeals39 — RepealPart 7 — Transitional matters for Northern Territory Environment Protection Authority Amendment Act 201840 — Definitions41 — Advice and reports of NT EPA42 — Offences – before and after commencementENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 February 2022

NORTHERN TERRITORY ENVIRONMENT PROTECTION AUTHORITY ACT 2012

An Act to establish the Northern Territory Environment Protection Authority, and for related purposes

Part 1Preliminary matters 1Short title

This Act may be cited as the Northern Territory Environment Protection Authority Act 2012.

2Commencement

This Act commences on the day fixed by the Administrator by Gazette notice.

3Definitions

In this Act:

advise includes make a recommendation.

appointed member means a member appointed under section 10(1)(a).

chairperson means the person appointed to be chairperson of the NT EPA under section 11(1).

ecologically sustainable development, see section 4 of the Environment Protection Act 2019.

environment means all aspects of the surroundings of humans, including the physical, biological, economic, cultural and social aspects.

member means a member of the NT EPA mentioned in section 10(1).

NT EPA means the Northern Territory Environment Protection Authority established by section 6.

Planning Commission means the Planning Commission established by section 81A of the Planning Act 1999.

principles of ecologically sustainable development has the same meaning as in the Environment Protection Act 2019.

statement of intent means a statement made under section 24B.

Note for section 3

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

4Act binds Crown

This Act binds the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.

5Application of Criminal Code

Part IIAA of the Criminal Code applies to an offence against this Act.

Note for section 5

Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

Part 2Northern Territory Environment Protection AuthorityDivision 1Establishment 6NT EPA established

(1)
The Northern Territory Environment Protection Authority is established.
(2)
The NT EPA:
- (a)
  is a body corporate with perpetual succession; and
- (b)
  has a common seal; and
- (c)
  is capable, in its corporate name, of:
  - (i)
    acquiring, holding and disposing of real (including leasehold) and personal property; and
  - (ii)
    suing and being sued; and
  - (iii)
    entering into contracts.
(3)
All courts, judges and persons acting judicially are to take judicial notice of the common seal of the NT EPA affixed to a document and are to assume that it was duly affixed.

Division 2Objectives, functions and powers of NT EPA 7Objectives

The objectives of the NT EPA are the following:

(a)
to promote ecologically sustainable development;
(b)
to protect the environment, having regard to the need to enable ecologically sustainable development;
(c)
to promote effective waste management and waste minimisation strategies;
(d)
to enhance community and business confidence in the environmental protection regime of the Territory.

8Functions and powers

(1)
The functions of the NT EPA are:
- (a)
  to advise and report to the Minister under Part 3; and
- (b)
  to undertake functions associated with environmental assessments and the management of waste and pollution conferred on the NT EPA under this or any other Act; and
- (c)
  to perform any other functions conferred on it under this or any other Act.
(2)
The NT EPA has the powers necessary or convenient to perform its functions.
(3)
In exercising its powers and performing its functions, the NT EPA must:
- (a)
  encourage community involvement and engagement; and
- (b)
  ensure the NT EPA’s processes are transparent and consistent in order to provide greater certainty for businesses and the community.
9Independence
(1)
The NT EPA is not subject to the direction or control of the Minister in the exercise of its powers or the performance of its functions.
(2)
A member is not subject to the direction or control of the Minister in the exercise of the member’s powers or the performance of the member’s functions.

Division 3Constitution and membership 10Membership

(1)
The NT EPA consists of the following members:
- (a)
  at least 4 and not more than 7 members appointed by the Administrator by Gazette notice;
- (b)
  the Chairperson of the Planning Commission.
(2)
The Administrator may appoint a person to be a member under subsection (1)(a) only if:
- (a)
  the person is not a public sector employee; and
- (b)
  the Administrator is satisfied that the person has skills, knowledge and experience in one or more of the following areas:
  - (i)
    environmental science;
  - (ii)
    environmental and natural resource management;
  - (iii)
    waste management and pollution control;
  - (iv)
    economic analysis;
  - (v)
    social analysis;
  - (vi)
    business;
  - (vii)
    environmental law;
  - (viii)
    management in a regulatory field.
(3)
Before appointing a person to be a member, the Administrator:
- (a)
  may have regard to the person’s skills, knowledge or experience relating to one or more of the following:
  - (i)
    regional areas and issues;
  - (ii)
    indigenous issues;
  - (iii)
    working with the community; and
- (b)
  must have regard to the range and level of skills, knowledge and experience required among the members of the NT EPA to enable it to exercise its powers and perform its functions effectively.
11Chairperson
(1)
The Administrator must appoint one of the appointed members to be the chairperson of the NT EPA.
(2)
The Administrator may terminate the person’s appointment as the chairperson without terminating the person’s appointment as a member.
(3)
The Minister may appoint another of the members to act in the office of chairperson:
- (a)
  during a vacancy in the office; or
- (b)
  during a period when the chairperson is unable to perform the duties of the office.
(4)
However, the Minister may only appoint a person under subsection (3):
- (a)
  for a single period not exceeding 6 months; or
- (b)
  for consecutive periods totalling not more than 6 months.
12Duration of appointment
(1)
An appointed member holds office:
- (a)
  for 3 years or the shorter period specified in the instrument of appointment; and
- (b)
  on the conditions determined by the Administrator.
(2)
The member is eligible for reappointment.

13Leave of absence

The NT EPA may grant a member leave of absence on conditions determined by the NT EPA for a period not exceeding 12 months.

13AActing members

(1)
If an appointed member is granted a leave of absence under section 13, the Minister may appoint a person to act as the member during the period of absence.
(2)
The Minister may appoint a person to act as an appointed member under subsection (1) if:
- (a)
  the person is not a public sector employee; and
- (b)
  the Minister is satisfied that the person has skills, knowledge or experience similar to the appointed member for whom the person is to act.
(3)
Before appointing a person to act as an appointed member under subsection (1) the Minister:
- (a)
  may have regard to the criteria mentioned in section 10(3)(a); and
- (b)
  must have regard to the criteria mentioned in section 10(3)(b).
(4)
The Minister may only appoint a person under subsection (1):
- (a)
  for a single period not exceeding 12 months; or
- (b)
  for consecutive periods totalling not more than 12 months.
(5)
A person appointed to act as an appointed member is eligible for appointment as a member.

14Vacation of office

(1)
A person who is an appointed member ceases to be a member if:
- (a)
  the person resigns by giving written notice to the Administrator; or
- (b)
  the person’s term of office comes to an end and the person is not reappointed; or
- (c)
  the person is convicted of an indictable offence or sentenced to imprisonment for an offence; or
- (d)
  the person becomes a public sector employee; or
- (e)
  the person’s appointment is terminated under section 15.
(2)
The exercise of a power or the performance of a function by the NT EPA is not affected only by a vacancy in its membership.

15Termination of appointment

(1)
The Administrator may terminate the appointment of a person who is an appointed member:
- (a)
  on the ground of misbehaviour or misconduct; or
- (b)
  on the ground of physical or mental inability to satisfactorily perform the duties of the office; or
- (c)
  if the Administrator is satisfied the person has failed to comply with section 22; or
- (d)
  if the person is absent from 3 consecutive meetings of the NT EPA without leave granted under section 13; or
- (da)
  if the person is, will be or is likely to be absent from duty for a period of more than 12 consecutive months, whether or not the person has been granted leave under section 13; or
- (e)
  if the person is found guilty of an offence of such a nature that it would be inappropriate for the person to continue to be a member; or
- (f)
  if the person:
  - (i)
    becomes bankrupt; or
  - (ii)
    applies to take the benefit of a law for the relief of bankrupt or insolvent debtors; or
  - (iii)
    compounds with creditors or makes an assignment of the person’s remuneration for their benefit.
(2)
A termination of appointment must be made in writing.
(3)
In this section:
misconduct includes failing to exercise powers or perform functions, or otherwise act, in accordance with the objectives of the NT EPA.

Division 4Procedures of NT EPA 16Procedures

Subject to this Act, the NT EPA may determine its own procedures.

17Meetings

(1)
The chairperson may convene a meeting of the NT EPA at any time.
(2)
However, the chairperson must convene a meeting of the NT EPA:
- (a)
  at least 4 times each year; and
- (b)
  when requested by another member to do so.
(3)
A meeting convened under subsection (2)(b) must be held on, or as soon as practicable after, the meeting date requested by the member (which must be at least 7 days after the request is made).

18Quorum at meetings

Subject to section 23(1)(c), the quorum for a meeting of the NT EPA is a majority of members.

19Presiding member at meetings

A meeting of the NT EPA must be presided over by:

(a)
the chairperson; or
(b)
in the absence of the chairperson, another member elected by the members present at the meeting.

20Voting at meetings

(1)
A decision at a meeting of the NT EPA must be determined by the majority vote of members present and voting.
(2)
If there is an equality of votes, the person presiding at the meeting has a casting vote.

21Records of meetings

The NT EPA must keep accurate records of its meetings.

22Disclosure of interest

(1)
This section applies if a member has a personal interest in a matter being considered, or about to be considered, by the NT EPA.
(2)
The member must disclose the following to the other members as soon as practicable after the relevant facts come to the member’s knowledge:
- (a)
  the nature and extent of the interest;
- (b)
  how the interest relates to the matter mentioned in subsection (1).
(3)
If the relevant facts come to the member’s knowledge at a time when the NT EPA is not meeting, the member must:
- (a)
  make the disclosure mentioned in subsection (2) by written notice to each other member; and
- (b)
  table a copy of the notice at the next meeting of the NT EPA.
(4)
The disclosure must be recorded in the minutes of the meeting at which, or before which, the disclosure is made.
(5)
The member need not disclose an interest if the interest is an interest shared with the public generally or a section of the public.
(6)
For this section, a member has a personal interest in a matter if the member:
- (a)
  has a direct or indirect financial interest in the matter; or
- (b)
  has a personal, professional, commercial or other relationship with a person and the nature of the relationship is likely to, or may reasonably be regarded as likely to, inhibit or prevent the member from exercising independent judgment about the matter.
23Effect of personal interest
(1)
If a member has a personal interest in a matter that is required to be disclosed under section 22:
- (a)
  the member must not take part in any deliberation or decision of the NT EPA about the matter; and
- (b)
  the member must be disregarded for the purpose of constituting the quorum of the NT EPA for the deliberation or decision; and
- (c)
  the quorum for the deliberation or decision is a majority of members entitled to participate in the deliberation or decision.
(2)
However, a failure by the member to disclose the interest in the matter does not, on its own, invalidate any decision of the NT EPA about the matter.

24Limitation on challenge to decision of member

(1)
This section applies if a person who is a member of the NT EPA:
- (a)
  takes part in any deliberation or decision of the Planning Commission about a matter; and
- (b)
  takes part in any decision of the NT EPA under this or another Act in relation to the same matter (a relevant decision).
(2)
A relevant decision must not be challenged, appealed against, quashed or called into question in any court or tribunal merely because the person took part in the Planning Commission’s deliberation or decision.
(3)
A reference in this section to a relevant decision includes a reference to any of the following:
- (a)
  an assessment or report;
- (b)
  an opinion, advice or recommendation;
- (c)
  a decision about licensing or compliance.
Part 2AStatement of intent

24AStatement of intent

(1)
At least once every 4 years, the NT EPA must provide the Minister with a statement of intent for the next 4 years.
(2)
The statement must specify the following:
- (a)
  the NT EPA’s priorities for the period covered by the statement;
- (b)
  how the NT EPA’s priorities relate to the objectives of the NT EPA;
- (c)
  the nature and scope of the activities it intends to carry out to meet the NT EPA’s priorities during the period covered by the statement;
- (d)
  the manner in which the NT EPA’s priorities contribute to the Territory’s objectives in relation to environmental management and economic development.
(3)
The statement may include any other matters the NT EPA considers appropriate.

24BMaking statement

(1)
The NT EPA must consult with the Minister in the preparation of a statement of intent.
(2)
A statement must be in writing and signed by the chairperson.
(3)
A statement takes effect on the day on which it is accepted by the Minister.
(4)
The Minister must accept a statement provided by the NT EPA unless the activities described in the statement are not consistent with the objectives of the NT EPA.
(5)
A statement may be amended or revoked and replaced at any time by following the process in subsections (1) to (4).

24CPublication

(1)
As soon as practicable after a statement of intent is accepted by the Minister, the NT EPA must make a copy of the statement available to the public in the way it considers appropriate.
(2)
The Minister must table a copy of the statement in the Legislative Assembly within 6 sitting days after accepting the statement.

24DRegard to statement of intent

The NT EPA must have regard to a statement of intent in exercising its powers and performing its functions.

Part 3Advice and reports of NT EPADivision 1Advice and reports on general matters 25AARegard to principles of ecologically sustainable development

In providing advice or a report to the Minister under this Division, the NT EPA must have regard to the principles of ecologically sustainable development the NT EPA considers relevant to the advice or report.

25Advice of NT EPA

(1)
The NT EPA must, at the request of the Minister, advise the Minister about any of the following matters:
- (a)
  achieving appropriate and effective environmental policy and management for the Territory;
- (b)
  legislation related to the environment and its administration;
- (c)
  issues affecting the Territory’s capacity to achieve ecologically sustainable development;
- (d)
  emerging environmental issues;
- (e)
  the cumulative impacts of development on the environment;
- (f)
  any other matter related to the objectives of the NT EPA.
(2)
In addition, the NT EPA may, on its own initiative, advise the Minister about any of the matters mentioned in subsection (1).

26Matters for consideration

In performing its functions under section 25, the NT EPA may have regard to the following:

(a)
the need to adopt objectives, targets and standards for environmental management that are:
- (i)
  soundly and scientifically based; and
- (ii)
  consistent with best practices;
(b)
the need to consider:
- (i)
  the global dimension of environmental impacts of actions and policies; and
- (ii)
  regional variations in the environment;
(c)
the need to develop a strong, growing and diversified economy and a well-informed and engaged private sector that can enhance the capacity for protection of the environment;
(d)
the need to maintain and enhance international competitiveness in an environmentally sound way;
(f)
government policies and priorities for the Territory, including economic policies and priorities;
(g)
any other matters the NT EPA considers relevant.

28Environmental quality reports

(1)
The NT EPA must, at the request of the Minister, inquire into and report to the Minister on any aspect of environmental quality in the Territory.
(2)
In addition, the NT EPA may, on its own initiative, inquire into and report to the Minister on any aspect of environmental quality in the Territory.
(3)
A report under this section may include recommendations in relation to any aspect of environmental quality in the Territory.

28AReports on system of environmental management

(1)
The NT EPA must, at the request of the Minister, inquire into and report to the Minister on any aspect of the Territory’s system of environmental management or its outcomes.
(2)
In addition, the NT EPA may, on its own initiative, inquire into and report to the Minister on any aspect of the Territory’s system of environmental management or its outcomes.
(3)
A report under this section may include recommendations in relation to any aspect of the Territory’s system of environmental management.
(4)
In this section:
system of environmental management means the system of legislation, policy and practices related to the management of the environment.

29Availability of advice and reports

(1)
After the NT EPA gives advice or a report to the Minister under this Division, it must make copies of the advice or report available to the public in the way it considers appropriate.
(2)
However, the NT EPA:
- (a)
  must withhold from the public information of a commercially confidential nature; and
- (b)
  may withhold other information from the public if it is satisfied there are reasonable grounds for doing so.
(3)
In addition, before making the advice or report available to the public, the NT EPA must give the Minister reasonable notice of its intention to do so.
(4)
The Minister must table a copy of the advice or report (excluding information withheld under subsection (2)) in the Legislative Assembly within 6 sitting days after receiving it.
(5)
This section does not apply if the advice or report is of an administrative or preliminary nature.

29AResponse to advice or report

(1)
If the NT EPA gives advice or a report to the Minister under this Division, the Minister must, as soon as practicable, but within 6 months after receiving the advice or report:
- (a)
  give the NT EPA a written response to the advice or report; and
- (b)
  if the Minister has not followed, or does not intend to follow, the advice or a recommendation contained in the report – include in the response reasons why the Minister has not implemented, or does not intend to implement, the advice or recommendation.
(2)
The NT EPA may make copies of the written response available to the public in the way it considers appropriate.
(3)
However, the NT EPA must withhold from the public information of a commercially confidential nature.

Division 2Advice on specific matters 29BAdvice of NT EPA on specific matters

The NT EPA must, at the request of a Minister, advise that Minister about any proposal, policy, plan or other measure to manage the environmental impact of development on the environment.

29CMatters for consideration

In providing advice under section 29B, the NT EPA:

(a)
must have regard to any criteria specified in the request for advice; and
(b)
may have regard to any other matters the NT EPA considers relevant.

29DAvailability of advice

(1)
After the NT EPA gives advice to a Minister under this Division, it may make copies of the advice available to the public in the way it considers appropriate.
(2)
However, the NT EPA must withhold from the public information of a commercially confidential nature.
(3)
In addition, before making the advice available to the public, the NT EPA must give the Minister who requested the advice reasonable notice of its intention to do so.

Division 3Inquiries 30Conduct of inquiries

(1)
In exercising its powers and performing its functions under this Part, the NT EPA may:
- (a)
  conduct the inquiries it considers appropriate; and
- (b)
  ask a person with special knowledge or experience relevant to a particular inquiry to help it conduct the inquiry.
(2)
For subsection (1)(a), the NT EPA may, by written notice, require a person to give it relevant information within the reasonable period stated in the notice.
(3)
The person commits an offence if the person engages in conduct that results in the contravention of the notice.
Maximum penalty: 50 penalty units.
(4)
An offence against subsection (3) is an offence of strict liability.
(5)
It is a defence to a prosecution for an offence against subsection (3) if the defendant establishes a reasonable excuse.
(6)
An individual is not excused from giving information under subsection (2) on the ground that the information may tend to incriminate the individual or expose the individual to a penalty.
(7)
However, information provided by an individual is not admissible as evidence against the individual in civil or criminal proceedings other than proceedings arising out of the false or misleading nature of the information.

Part 4Offences 31Misleading information

(1)
A person commits an offence if:
- (a)
  the person intentionally gives information to another person; and
- (b)
  the other person is a relevant person; and
- (c)
  the information is misleading and the person has knowledge of that circumstance; and
- (d)
  the relevant person is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(2)
A person commits an offence if:
- (a)
  the person intentionally gives a document to another person; and
- (b)
  the other person is a relevant person; and
- (c)
  the document contains misleading information and the person has knowledge of that circumstance; and
- (d)
  the relevant person is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(3)
Strict liability applies to subsections (1)(b) and (2)(b).
(4)
It is a defence to a prosecution for an offence against subsection (2) if the person, when giving the document:
- (a)
  draws the misleading aspect of the document to the relevant person’s attention; and
- (b)
  to the extent to which the person can reasonably do so – gives the relevant person the information necessary to remedy the misleading aspect of the document.
(5)
In this section:
acting in an official capacity, in relation to a relevant person, means the person is exercising powers or performing functions under or otherwise related to the administration of this Act.
misleading information means information that is misleading in a material particular or because of the omission of a material particular.
relevant person means any of the following:
- (a)
  a member;
- (b)
  a staff member provided to the NT EPA under section 37(1);
- (c)
  a person who provides a service that is connected with the administration of this Act to or for the NT EPA.
32Offence to disclose certain information
(1)
A person commits an offence if:
- (a)
  the person obtains:
  - (i)
    information in the course of performing a function connected with the administration of this Act or exercising a power under this Act; or
  - (ii)
    information connected with the administration of this Act in the course of providing a service to or for the NT EPA; and
- (b)
  the information is confidential and the person is reckless in relation to that circumstance; and
- (c)
  the person intentionally engages in conduct; and
- (d)
  the conduct results in the disclosure of the information and the disclosure is not:
  - (i)
    for a purpose connected with the administration of this Act, including a legal proceeding arising out of the operation of this Act; or
  - (ii)
    to a person who is otherwise entitled to the information; and
- (e)
  the person is reckless in relation to the result and circumstance mentioned in paragraph (d).
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(2)
Strict liability applies to subsection (1)(a).
(3)
If the information mentioned in subsection (1) relates to a person, it is a defence to a prosecution for an offence against that subsection if the person has consented to the disclosure of the information.
Note for section 32
In addition to the circumstances mentioned in this section, a person who discloses information mentioned in this section will not be criminally responsible for an offence if the disclosure is justified or excused by or under a law (see section 43BE of the Criminal Code).

Part 5Administrative matters 33Annual report

(1)
The chairperson must prepare and give to the Minister a report on the performance by the NT EPA of its functions during each financial year.
(1A)
The report must include information regarding the activities carried out by the NT EPA under a statement of intent in force during the financial year.
(2)
The report must be given to the Minister by 31 October following the end of the financial year.
(3)
The Minister must table a copy of the report in the Legislative Assembly within 6 sitting days after the Minister receives the report.

34Guidelines

(1)
The NT EPA may make guidelines about its administrative practices and procedures.
(2)
Without limiting subsection (1), the guidelines may provide for dealing with culturally sensitive or commercial information.
(3)
The guidelines must not be inconsistent with this Act.

35Protection from liability

(1)
A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function as a member.
(2)
In addition, the person is not civilly or criminally liable for an act done or omitted to be done by the NT EPA in good faith in the exercise of a power or performance of a function under this or another Act.
(3)
Subsections (1) and (2) do not affect any liability the Territory would, apart from those subsections, have for the act or omission.
(4)
In this section:
exercise, of a power, includes the purported exercise of the power.
performance, of a function, includes the purported performance of the function.

36Delegation

(1)
The NT EPA may delegate any of its powers and functions under this or any other Act to:
- (a)
  a member; or
- (b)
  a public sector employee; or
- (c)
  a Chief Executive Officer.
(2)
In this section:
Chief Executive Officer, see section 3 of the Public Sector Employment and Management Act 1993.

37Staff and facilities for NT EPA

(1)
The Chief Executive Officer must provide the NT EPA with staff and facilities to enable it to properly exercise its powers and perform its functions.
(2)
A staff member provided to the NT EPA under subsection (1) is subject only to the direction of the chairperson in the performance of his or her duties for the NT EPA.

38Regulations

The Administrator may make regulations under this Act.

Part 6Repeals 39Repeal

The following Acts are repealed:

(a)
Environment Protection Authority Act 2007 (Act No. 24 of 2007);
(b)
Environment Protection Authority Amendment Act 2010 (Act No. 5 of 2010).

Part 7Transitional matters for Northern Territory Environment Protection Authority Amendment Act 2018 40Definitions

In this Part:

commencement means the day on which the Northern Territory Environment Protection Authority Amendment Act 2018 commences.

41Advice and reports of NT EPA

Part 3, as in force immediately before the commencement, continues to apply in relation to the following:

(a)
advice of the NT EPA under section 25(1) of the Act if the advice was requested by the Minister before the commencement;
(b)
an inquiry and report of the NT EPA under section 28(1) of the Act if the inquiry and report was requested by the Minister before the commencement;

42Offences – before and after commencement

(1)
Sections 31 and 32, as amended by the Northern Territory Environment Protection Authority Amendment Act 2018, apply only in relation to offences committed after the commencement.
(2)
Sections 31 and 32, as in force before the commencement, continue to apply in relation to offences committed before the commencement.
(3)
For this section, if any of the conduct constituting an offence occurred before the commencement, the offence is taken to have been committed before the commencement.

ENDNOTES

1
KEY

Key to abbreviations

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

2
LIST OF LEGISLATION

Northern Territory Environment Protection Authority Act 2012 (Act No. 28, 2012)
Assent date	6 December 2012
Commenced	1 January 2013 (Gaz S82, 21 December 2012)
Statute Law Revision Act 2014 (Act No. 38, 2014)
Assent date	13 November 2014
Commenced	13 November 2014
Statute Law Revision Act 2017 (Act No. 4, 2017)
Assent date	10 March 2017
Commenced	12 April 2017 (Gaz G15, 12 April 2017, p 3)
Northern Territory Environment Protection Authority Amendment Act 2018 (Act No. 27, 2018)
Assent date	29 November 2018
Commenced	30 November 2018 (s 2)
Environment Protection Act 2019 (Act No. 31, 2019)
Assent date	9 October 2019
Commenced	28 June 2020 (Gaz G17, 29 April 2020, p 2)
Amending Legislation
Statute Law Revision and Repeals Act 2019 (Act No. 33, 2019)
Assent date		6 November 2019
Commenced		pts 2 and 3: 11 December 2019 (Gaz G50, 11 December 2019, p 2); rem: 7 November 2019 (s 2)
Environment Legislation Amendment Act 2021 (Act No. 22, 2021)
Assent date	18 November 2021
Commenced	pt 7: 31 March 2022; rem: 1 February 2022 (Gaz G51, 22 December 2021, p 1)

3
GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3 and 36.

4
LIST OF AMENDMENTS

s 3 amd No. 27, 2018, s 4; No. 31, 2019, s 314; No. 22, 2021, s 22

s 8 amd No. 27, 2018, s 5

s 10 amd No. 27, 2018, s 6

s 13 amd No. 27, 2018, s 7

s 13A ins No. 27, 2018, s 8

s 15 amd No. 27, 2018, s 9

pt 2A hdg ins No. 27, 2018, s 10

s 24A ins No. 27, 2018, s 10

amd No. 22, 2021, s 23

ss 24B – 24D ins No. 27, 2018, s 10

pt 3

div 1 hdg ins No. 27, 2018, s 11

s 25AA ins No. 27, 2018, s 11

amd No. 31, 2019, s 315

s 26 amd No. 27, 2018, s 12

s 27 rep No. 27, 2018, s 13

s 28 amd No. 27, 2018, s 14

s 28A ins No. 27, 2018, s 15

s 29 amd No. 38, 2014, s 2; No. 27, 2018, s 16

s 29A ins No. 27, 2018, s 17

pt 3

div 2 hdg ins No. 27, 2018, s 17

ss 29B – 29D ins No. 27, 2018, s 17

pt 3

div 3 hdg ins No. 27, 2018, s 17

ss 31 – 32 sub No. 27, 2018, s 18

s 33 amd No. 27, 2018, s 19

pt 6 hdg sub No. 4, 2017, s 23

pt 6

div 1 hdg rep No. 4, 2017, s 23

pt 6

div 2 hdg rep No. 4, 2017, s 24

ins No. 27, 2018, s 20

pt 7 hdg exp No. 28, 2012, s 58

s 40 rep No. 4, 2017, s 24

ins No. 27, 2018, s 20

s 41 exp No. 28, 2012, s 41(5)

ins No. 27, 2018, s 20

s 42 exp No. 28, 2012, s 42(6)

ins No. 27, 2018, s 20

pt 7

div 1 hdg exp No. 28, 2012, s 58

ss 43 – 51 exp No. 28, 2012, s 58

pt 7

div 2 hdg exp No. 28, 2012, s 58

s 52 exp No. 28, 2012, s 58

pt 7

div 3 hdg exp No. 28, 2012, s 58

ss 53 – 55 exp No. 28, 2012, s 58

pt 7

div 4 hdg exp No. 28, 2012, s 58

s 56 exp No. 28, 2012, s 58

pt 7

div 5 hdg exp No. 28, 2012, s 58

s 57 exp No. 28, 2012, s 58

pt 7

div 6 hdg exp No. 28, 2012, s 58

s 58 exp No. 28, 2012, s 58

sch 1 – 4 exp No. 28, 2012, s 58

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Citations

Northern Territory Environment Protection Authority Act 2012 (NT)

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