State Environment Act 1988 (Qld)

880 (Queen taut ANNO TRICESIMO SEPTIMO ELIZA ETHAE SECUNDAE REGINAE No. 77 of 1988 An Act to constitute a State Environment Advisory Council to amend the Clean Air Act 1963-1987 the CleanWaters Act 1971-1982 and the Noise Abatement Act1978-1985 each in certain particulars and for related purposes [ASSENTED TO 11TH N OVEMBER, 19881

State Environment Act 1988, No. 77 881 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the State Environment Act 1988. 2. Commencement . ( 1) Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as is provided by subsection ( 1), the provisions of this Act or the provisions thereof specified in the Proclamation shall commence on a day or days appointed by Proclamation for the commencement of this Act or, as the case may be, those provisions. 3. Arrangement . This Act is arranged as follows:- PART I-PRELIMINARY ( ss. 1-4); PART II-DISSOLUTION OF COUNCILS AND AUTHORITY, SAVINGS AND TRANSITIONAL (ss. 5-7); PART III-STATE ENVIRONMENT ADVISORY COUNCIL (ss. 8-10); PART IV-GENERAL PROVISIONS (ss. 11-15); PART V-AMENDMENT OF CLEAN AIR ACT 1963-1987 (ss. 16-52); PART VI-AMENDMENT OF CLEAN WATERS ACT 1971-1982 ( ss. 53-87); PART VII-AMENDMENT OF NOISE ABATEMENT ACT 1978-1985 ( ss. 88-125). 4. Interpretation . In this Part, save where a contrary intention appears- "amended Acts" means the existing Acts within the definition of this section as amended by this Act; "Advisory Council" means the State Environment Advisory Council constituted under this Act; "appointed day" means the day appointed by the Governor in Council pursuant to section 5; "chief executive" means the person holding the office of chief executive, appointed under the Public Service Managementand Employment Act 1988, of the department of Government of the State responsible for the administration of this Act and includes a person for the time being performing the duties of the chief executive; "Director" means the person for the time being holding the office of Director, Division of Environment and includes any person for the time being acting in the office of the Director; 29

882 State Environment Act 1988, No. 77 "existing Acts" means the provisions of the Clean Air Act 1963-1987, the CleanWaters Act 1971-1982 and the NoiseAbatement Act 1978-1985 enacted and in existence immediately prior to the commencement of this section; "Minister" includes any Minister of the Crown for the time being performing the duties of the Minister. PART II-DISSOLUTION OF COUNCILS AND AUTHORITY, SAVINGS AND TRANSITIONAL 5. Appointed day. For the purposes of this Act the Governor in Council may by Proclamation appoint a day which in this Act is referred to as the "appointed day". 6. Dissolution of Councils and Authority. (1) On the appointed day the Air Pollution Council of Queensland constituted under the Clean Air Act 1963-1987, the Water Quality Council of Queensland constituted under the CleanWaters Act 1971-1982 and the Noise Abatement Authority constituted under the NoiseAbatementAct1978-1985 shall be dissolved and members of those Councils and that Authority shall thereupon go out of office. (2) Save where a contrary intention appears in this Act, a reference to either of the Councils, or to the Authority, dissolved pursuant to subsection (1) or a reference to the chairman or the secretary of either of those Councils or of the Authority, in any Act passed before the appointed day or in any instrument or other document made before the appointed day shall be construed as a reference to the chief executive. (3) Upon the appointed day- (a) every right or entitlement had by the Air Pollution Council of Queensland, the Water Quality Council of Queensland and the Noise Abatement Authority, referred to in subsection (1), shall thereby be divested from that Council or, as the case may be, that Authority and shall be a right or entitlement of the chief executive; (b) every liability of the Councils and Authority referred to in paragraph (a) shall thereby cease to be enforceable against those Councils or that Authority and shall be enforceable against the chief executive; (c) any action or proceeding brought by or against the Councils or Authority referred to in paragraph (a) and then pending may be continued by or against the chief executive. 7. Savings and transitional provisions . (1) Any licence, approval, authority, exemption, order, notice, direction, certificate or document issued, granted or made under any of the existing Acts and subsisting immediately prior to the appointed day shall continue to be of full force and-effect and shall be deemed to have been issued, granted or made under that Act as amended by this Act, until it expires or is cancelled, suspended or revoked in accordance with that Act as amended.

State Environment Act 1988, No. 77 883 (2) The Governor in Council may by Order in Council prescribe with respect of all matters that in his opinion are necessary or desirable for effectually achieving the objects and purposes of this Part. Every such Order in Council shall have effect in law as if its provisions were enacted in this Part. PART III-STATE ENVIRONMENT ADVISORY COUNCIL 8. Council to advise Minister. (1) There shall be established and constituted on the appointed day a State Environment Advisory Council. (2) The functions of the Advisory Council shall be- (a) to furnish to the Minister information and advice on all matters specifically referred to it by the Minister and in relation to which such information or advice is sought by the Minister; (b) to advise the Minister of the latest technological advances in the field of environmental management; (c) to offer advice to the Minister- (i) in respect of the prevention, mitigation and abatement of land, water and air pollution; and (ii) generally on matters pertaining to sound environmental management, including environmental planning. (3) The Advisory Council shall consist of the following members:- (a) the chief executive, or his nominee, who shall be an ex officio member; (b) the Director, who shall be an ex officio member; (c) such other member or members, not exceeding five, as are appointed by the Governor in Council, from persons recommended by the Minister as representative of a cross- section of industrial, mining, primary industry and community interests. (4) The Governor in Council, on the recommendation of the Minister, shall appoint one of the members to be chairman of the Advisory Council. (5) A nominee of a person referred to in subsection (3) (a) shall be an officer of the department administered by that person and may continue as such nominee only so long as he continues to be an officer of that department. (6) The term of every appointment made to the Advisory Council by the Governor in Council shall commence on the date specified for that purpose in the Order in Council by which the appointment is made and, except where the appointment is for a casual vacancy, shall be for a period of three years.

884 State Environment Act 1988, No. 77 (7) Every member of the Advisory Council shall be entitled to such remuneration as the Governor in Council from time to time approves, either generally or in a particular case. A member of the Advisory Council who is an officer of the Public Service of the State shall not be paid any remuneration on account of his attendance at meetings of the Advisory Council during his ordinary hours of duty but he shall be entitled to expenses, as prescribed by regulations or so far as they are not prescribed as approved by the Director, necessarily incurred by him in so attending. 9. Vacation of office. (1) A member of the Advisory Council may, by notice in writing furnished to the Minister, resign his office at any time. (2) The Governor in Council may at any time remove from office a member of the Advisory Council appointed by him, by notice in writing furnished to the member. (3) A member of the Advisory Council shall be deemed to have vacated his office- (a) if he dies; (b) if he resigns his office; (c) in the case of an ex officio member, if he ceases to hold the office by reason of which he is eligible to be appointed as such a member; (d) in the case of a member other than an ex officio member, if he is removed from office. 10. Filling vacancies . (1) If a casual vacancy occurs in the office of a member of the Advisory Council other than an ex officio member during the currency of his term of appointment, the Governor in Council may appoint any person to fill that vacancy. (2) A person appointed to fill a casual vacancy as provided in subsection (1) shall hold office for the remainder of the term for which his predecessor was appointed but shall be eligible for reappointment if he remains otherwise qualified as prescribed to be a member of the Advisory Council. PART IV-GENERAL PROVISIONS 11. State Environment Trust Fund . (1) There shall be established and kept in the Treasury for the purposes of this Act and the amended Acts a fund to be called the State Environment Trust Fund. (2) Upon the appointed day- (a) all moneys standing to the credit of the Air Pollution Trust Fund kept in the Treasury for the purposes of the Clean Air Act 1963-1987; (b) all moneys standing to the credit of the Clean Waters Trust Fund kept in the Treasury for the purposes of the CleanWaters Act 1971-1982;

State Environment Act 1988, No. 77 885 and (c) all moneys standing to the credit of the Noise Abatement Trust Fund kept in the Treasury for the purposes of the Noise Abatement Act 1978-1985, shall be transferred to and form part of the State Environment Trust Fund referred to in subsection (1). (3) Save where a contrary intention appears, a reference to either the Air Pollution Trust Fund, the Clean Waters Trust Fund or the Noise Abatement Trust Fund in any Act passed before the appointed day or in any instrument or other document made before the appointed day shall be construed as a reference to the State Environment Trust Fund. 12. Delegation by chief executive. (1) The chief executive may, either generally or otherwise as provided by any instrument of delegation delegate to- (a) any person who is an officer of the department of Government of the State that is responsible for the administration of this Act; or (b) the holder of an office in that department specifying the title but not the name of the holder for the time being of that office, all or any of his powers, authorities, functions or duties under this Act and the amended Acts except this power of delegation. Where a delegation is made pursuant to paragraph (b) each successive holder of the specified office and each person who for the time being occupies or performs the duties of that office may exercise or, as the case may be, perform such delegated powers, functions, authorities and duties as are specified in the instrument of delegation. (2) A power, authority, function or duty so delegated, if exercised or performed by the delegate, shall be exercised or performed in accordance with the instrument of delegation. (3) A delegation may be made subject to such terms or limitations as the chief executive thinks fit including a requirement that the delegate shall report to the chief executive upon the exercise or performance of the delegated power, authority, function or duty. (4) The chief executive may make such and so many delegations of the same power, authority, function or duty and to such number of persons or holders of office as he considers necessary or desirable. (5) A delegation is revocable at the will of the chief executive and does not prevent the exercise of a power or authority or the performance of a function or duty by the chief executive. 13. Committees . (1) The chief executive may appoint such advisory committees or technical committees as he thinks fit to advise on any environmental issues.

886 State Environment Act 1988, No. 77 (2) Every member of a committee appointed pursuant to subsection (1) shall be entitled to such remuneration as the Governor in Council from time to time approves, either generally or in a particular case. 14. Annual report. A report shall be made annually by the chief executive to the Minister on the administration of this Act and the amended Acts for the year covered by the report. 15. Regulations . The Governor in Council may from time to time make regulations not inconsistent with this Act providing for all or any purposes whether general or to meet particular cases , that may be convenient for the administration of this Act or that may be necessary or expedient to achieve the objects and purposes of this Act. Without limiting the generality of the foregoing provisions of this section, regulations may be made for or in respect of the State Environment Trust Fund established and kept under and for the purposes of this Act and the amended Acts. PART V-AMENDMENT OF CLEAN AIR ACT 1963-1987 16. Principal Act and citation as amended . (1) In this Part the Clean Air Act 1963-1987 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Clean Air Act 1963-1988. 17. Amendment of s. 4 . Parts of Act. Section 4 of the Principal Act is amended by omitting the words "AIR POLLUTION COUNCIL (ss. 8-17)" and substituting the words "ADMINISTRATION (ss. 15 and 17)". 18. Amendment of s. 7. Interpretation . Section 7 of the Principal Act is amended by in subsection (1)- (a) inserting immediately before the definition " "Air impurity" " the following definition:- "Advisory Council" has the same meaning as it has in section 4 of the State Environment Act 1988;"; (b) omitting the definition "Air Pollution Trust Fund"; (c) omitting from the definition "Approved" the word "Council" and substituting the words "chief executive"; (d) omitting the definition "Chairman"; (e) inserting after the definition "By-law" the following definition:- "chief executive" has the same meaning as it has in section 4 of the State Environment Act 1988;"; (f) omitting the definition "Council"; (g) omitting the definition "Deputy chairman";

State Environment Act 1988, No. 77 887 (h) omitting the definition "Director" and substituting the following definition:- "Director" has the same meaning as it has in section 4 of the State Environment Act 1988; " ; (i) omitting from the definition "Inspector" the word "Chairman" and substituting the words "chief executive"; (j) omitting the definition "Member"; (k) omitting the definition "Secretary". 19. Amendment of heading to Part II. The Principal Act is amended by omitting the heading immediately prior to section 8 and substituting the words "PART II-ADMINISTRATION". 20. Repeal of ss. 8, SB and 8c. The Principal Act is amended by repealing sections 8 (The Air Pollution Council), 8B (Filling of casual vacancies) and 8c (Vacation of office by member). 21. Repeal of ss. 9, 10 and 11. The Principal Act is amended by repealing sections 9 (Proceedings of the Council Meetings), 10 (Committees) and 11 (Allowances, etc). 22. Repeal of ss. 12, 13 and 14. The Principal Act is amended by repealing section 12 (Where officers of Government Departments appointed), 13 (Functions of Council) and 14 (Advisory functions of the Council). 23. Repeal of s. 14A. Delegation by Council . The Principal Act is amended by repealing section 14A. 24. Amendment of s. 15. Power of the Governor . in Council to rescind decisions , determinations and orders of the Council . Section 15 of the Principal Act is amended by omitting the words " the Council" where they appear in the note to the section and wherever they appear in the section and substituting the words "the chief executive" in each case. 25. Repeal of s. 16. Administration of this Act . The Principal Act is amended by repealing section 16. 26. Amendment of s. 17. Officers. Section 17 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- "(1) Such inspectors and other officers as are deemed necessary for the effectual administration of this Act may be appointed and shall hold office under the Public ServiceManagement and Employment Act 1988."; (b) in subsection (2), omitting the word "chairman" where it twice appears and substituting the words "chief executive" in each case;

888 State Environment Act 1988, No. 77 (c) in subsection (4)- (i) omitting the words "the secretary to the Council,"; (ii) omitting the words "The secretary to the Council, an" and substituting the word "An"; (iii) omitting the words "under this Act" where they twice occur and substituting the words "pursuant to this section" in each case; (d) in subsection (5), omitting the words "the secretary to the Council, or" where they twice occur; (e) in subsection (6), omitting the word "chairman" and substituting the words "chief executive"; (f) in subsection (7)- (i) omitting from after the words "office of Director;" the word "and"; (ii) omitting from the end of paragraph (b) the expression "." and substituting the following expression and words:- (c) a person who is an inspector within the meaning of the CleanWaters Act 1971-1988 or who is construed to be an inspector under section 10 (6) of that Act; and (d) an officer authorised by the chief executive under section 14 (1) of the Noise Abatement Act 1978-1988.". 27. Amendment o f s. 19. Licences . Section 19 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting paragraph (b); (ii) renumbering paragraph (c) as paragraph (b); (iii) omitting the word "secretary" wherever it occurs and substituting the words "chief executive" in each case; (b) in subsection (2)- (i) omitting the word "Council" wherever it occurs and substituting the words "chief executive" in each case; (ii) omitting from paragraph (a) the word "it" where twice occurring and substituting the word "he" in each case; (iii) omitting from paragraph (b) the word "secretary" and substituting the words "chief executive"; (c) in subsection (4), omitting the word "secretary" and substituting the words "chief executive";

State Environment Act 1988, No. 77 889 (d) in subsection (5), omitting the word "secretary" and substituting the words "chief executive". 28. Amendment of s. 19A . Commissioner for Railways . Section 19A of the Principal Act is amended by omitting the word "Council" where it appears three times and substituting the words "chief executive" in each case. 29. Amendment of s. 20. Register of licences . Section 20 of the Principal Act is amended by omitting the word "secretary" and substituting the words "chief executive". 30. Amendment of s. 23. Fees. Section 23 of the Principal Act is amended by omitting from subsection (3) the word "Council" where it twice appears and substituting the words "chief executive" in each case. 31. Amendment of s. 26 . Prescribed standards of air impurities not to be exceeded . Section 26 of the Principal Act is amended by omitting the word "Council" where it appears three times and substituting the words "chief executive" in each case. 32. Amendment of s. 27. Certain work not to be carried out on scheduled premises without the approval of the Council . Section 27 of the Principal Act is amended by- (a) omitting the word "Council" wherever it appears in the note to the section and in the section and substituting the words "chief executive" in each case; (b) in subsection (3), omitting the word "secretary" where it twice appears and substituting the words "chief executive" in each case; (c) omitting subsection (4); (d) renumbering subsections (5) and (6) as subsections (4) and (5) respectively. 33. Amendment of s. 28. Council may require work on scheduled premises . Section 28 of the Principal Act is amended by- (a) omitting the word "Council" from the note to the section and substituting the words "chief executive"; (b) in subsection (2)- (i) omitting the words "the Council" where they twice appear and substituting the words "the chief executive" in each case; (ii) omitting the words "signed by the chairman"; (c) in subsection (3)- (i) omitting the word "Council" and substituting the words "chief executive"; (ii) omitting the words "signed by the chairman".

890 State Environment Act 1988, No. 77 34. Amendment of s. 29B . Provision of chimneys . Section 29B of the Principal Act is amended by omitting the word "Council" where it occurs three times and substituting the words "chief executive" in each case. 35. Amendment of s. 31. Prescribed standards of air impurities not to be exceeded . Section 31 of the Principal Act is amended by omitting the word "Council" where it appears three times and substituting the words "chief executive" in each case. 36. Amendment of s. 32. Control of trades, industries , processes, fuel burning equipment and industrial plant . Section 32 of the Principal Act is amended by- (a) omitting the word "Council" where it appears four times and substituting the words "chief executive" in each case; (b) omitting from subsection (1) the words "signed by the chairman"; (c) omitting from subsection (2) the words "signed by the chairman". 37. Amendment of s. 33. Powers of the Chairman . Section 33 of the Principal Act is amended by omitting the word "Chairman" where it appears in the note to the section and in the section and substituting the words "chief executive" in each case. 38. Amendment of s. 34. O ccupier of premises required to furnish information . Section 34 of the Principal Act is amended by omitting the word "chairman" and substituting the words "chief executive". 39. Amendment of s. 35. Refusal to furnish information , etc. Section 35 of the Principal Act is amended by omitting the word "chairman" and substituting the words "chief executive". 40. Amendment of s. 36. Power to prohibit and restrict the use of combustible materials, fuel burning equipment , or industrial plant, in certain areas . Section 36 of the Principal Act is amended by omitting the words "of the Council" and substituting the words "of the chief executive". 41. Amendment of s. 37. Power to prohibit trades, industries, processes , etc., in certain circumstances . Section 37 of the Principal Act is amended by omitting the word "Council" and substituting the words "chief executive". 42. Amendment of s. 37A. Minister ' s emergency powers. Section 37A of the Principal Act is amended by omitting from subsection (4) the word "Director" and substituting the words "chief executive".

State Environment Act 1988, No. 77 891 43. Amendment of s. 38. Air Pollution Trust Fund . Section 38 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- "(1) The State Environment Trust Fund established and kept under the State Environment Act 1988 is referred to in this section as the "Fund"."; (b) in subsection (3)- (i) omitting the words "the Council and the chairman" and substituting the words "and the chief executive"; (ii) omitting the words "or the Council" and substituting the words "or the chief executive"; (iii) inserting after paragraph (e) the following paragraph: "(ea) in the administration of this Act;"; (c) omitting the note to the section and substituting the words " State Environment Trust Fund.". 44. Amendment of s. 39. Appeals . Section 39 of the Principal Act is amended by omitting the words "the Council" wherever they occur and substituting the words "the chief executive" in each case. 45. Amendment of s. 43 . Exemptions . Section 43 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the word "Council" and substituting the words "chief executive"; (ii) omitting the words "signed by the chairman"; (b) in subsection (2)- (i) omitting the word "Council" and substituting the words "chief executive"; (ii) omitting the word "chairman" and substituting the words "chief executive"; (c) in subsection (3), omitting the word "secretary" and substituting the words "chief executive". 46. Amendment of s. 44. Service of notices. Section 44 of the Principal Act is amended by- (a) in subsection (2) omitting the word "secretary" where it twice appears and substituting the words "chief executive" in each case; (b) in subsection (3) omitting the words "the Council" where twice appearing and substituting the words "the chief executive" in each case.

892 State Environment Act 1988, No. 77 47. Amendment of s. 46 . Section 46 of the Principal Act is amended by omitting from subsection (1) the words "the Council" where twice appearing and substituting the words "the chief executive" in each case. 48. Amendment of s. 48. Return of licence. Section 48 of the Principal Act is amended by omitting the word "secretary" and substituting the words "chief executive". 49. Amendment of s. 49. Facilitation of proof. Section 49 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the word "secretary" wherever it appears and substituting the words "chief executive" in each case; (ii) omitting from paragraph (b) the words "or authorised officer" and substituting the words ", authorised officer or other officer"; (b) in subsection (2) omitting the words "the chairman and the secretary of the Council and of' and substituting the words "the chief executive and". 50. Amendment of s. 49A. Indemnities . Section 49A of the Principal Act is amended by omitting the words "the Council or any member thereof' and substituting the words "the chief executive, the Director". 51. Amendment of s. 50. Regulations . Section 50 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting provision (xi); (ii) omitting from provision (xii) the word "secretary" and substituting the words "chief executive"; (b) in subsection (3) omitting the word "Council" and substituting the words "chief executive". 52. Repeal of and new s. 51 . Publication of Proclamations , Orders in Council and regulations . The Principal Act is amended by repealing section 51 and substituting the following section:- "51. Tabling of Orders in Council and Proclamations . Section 28A of the Acts Interpretation Act 1954-1977 (Tabling of Regulations) shall apply with respect to Orders in Council and Proclamations made for the purposes of this Act as if those Orders in Council and Proclamations were regulations.". PART VI-AMENDMENT OF CLEAN WATERS ACT 1971-1982 53. Principal Act and citation as amended . (1) In this Part the CleanWaters Act 1971-1982 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the CleanWaters Act 1971-1988.

State Environment Act 1988, No. 77 893 54. Amendment of s. 3. Parts of Act. Section 3 of the Principal Act is amended by omitting the words "PART III-WATER QUALITY COUNCIL (SS. 11-22)" and substituting the words "PART III-POWER OF GOVERNOR IN COUNCIL (s. 22);". 55. Amendment of s. 8. Interpretation . Section 8 of the Principal Act is amended by- (a) inserting immediately before the definition "analyst" the following definition:- "Advisory Council" has the same meaning as it has in section 4 of the State Environment Act 1988;"; (b) omitting the definition "chairman"; (c) inserting immediately prior to the definition "control equipment" the following definition:- 411, chief executive" has the same meaning as it has in the State Environment Act 1988;"; (d) omitting the definition "Council"; (e) omitting the definition "deputy chairman"; (f) omitting the definition "Director" and substituting the following definition:- "Director" has the same meaning as it has in the State Environment Act 1988;"; (g) omitting the definition "member"; (h) omitting the definition "secretary". 56. Amendment of s. 9. Administration of this Act. Section 9 of the Principal Act is amended by- (a) omitting subsection (1); (b) omitting from subsection (2) the expression "(2)"; (c) omitting subsection (3). 57. Amendment of s. 10 . O fficers . Section 10 of the Principal Act is amended by s (a) omitting subsection (1) and substituting the following subsection:- "(1) Such inspectors, analysts (being persons holding such qualifications as may be prescribed as qualifications for appointment as an analyst under this Act) and other officers as are deemed necessary for the effectual administration of this Act may be appointed and shall hold office under the Public ServiceManagement and Employment Act 1988."; (b) in subsection (4), omitting the words "the secretary or" where they twice occur;

894 State Environment Act 1988, No. 77 (c) in subsection (5), omitting the word "chairman" and substituting the words "chief executive"; (d) in subsection (6)- (i) omitting from after the words "office of the Director;" the word "and"; (ii) omitting from the end of paragraph (b) the expression "." and substituting the following expression and words:- 6L. (c) a person who is an inspector within the meaning of the Clean Air Act 1963-1988 or who is construed to be an inspector under section 17 (7) of that Act; and (d) an officer authorised by the chief executive under section 14 (1) of the Noise Abatement Act 1978-1988.". 58. Amendment of heading to Part III. The Principal Act is amended by omitting the words "PART III-WATER QUALITY COUNCIL" where they occur immediately before section 11 and substituting the words "PART III-POWER OF GOVERNOR IN COUNCIL". 59. Repeal of ss. 11, 12 and 12A. The Principal Act is amended by repealing sections 11 (Water Quality Council), 12 (Membership of Council) and 12A (Deputies for certain members). 60. Repeal of ss. 13, 14 and 15. The Principal Act is amended by repealing sections 13 (Tenure of office of certain members), 14 (Extraordinary vacancies) and 15 (Nomination of certain members). 61. Repeal of ss. 16, 17 and 18. The Principal Act is amended by repealing sections 16 (Proceedings at Council meetings), 17 (Committees) and 18 (Allowances, etc.). 62. Repeal of ss. 19, 20 and 21. The Principal Act is amended by repealing sections 19 (Where officers of Government Departments appointed), 20 (Functions of Council) and 21 (Delegation by Council). 63. Amendment of s. 22. Power of Governor in Council to rescind decisions, determinations and orders of the Council. Section 22 of the Principal Act is amended by- (a) omitting the words "the Council" where they appear in the note to the section and wherever they appear in the section and substituting the words "the chief executive" in each case; (b) omitting the word "its" wherever it appears and substituting the word "his" in each case. 64. Amendment of s. 23. Premises to be licensed . Section 23 of the Principal Act is amended by omitting from subsection (2) the word

State Environment Act 1988, No. 77 895 "Council" wherever it appears and substituting the words "chief executive" in each case. 65. Amendment of s. 24. Licences . Section 24 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the word "Council" wherever it appears and substituting the words "chief executive" in each case; (ii) omitting from the proviso to subparagraph (ii) of paragraph (a) the word "it" and substituting the word "he"; (iii) omitting paragraph (b); (iv) in paragraph (d)- (A) omitting the word "it" and substituting the word "him"; (B) omitting the word "its" and substituting the word "his"; (v) in paragraph (e)- (A) omitting the words "to it" and substituting the words "to him"; (B) omitting the words "it shall" and substituting the words "he shall"; (b) in subsection (2)- (i) omitting the words "The Council" where they twice occur and substituting the words "The chief executive" in each case; (ii) omitting the words "the Council" wherever they occur and substituting the words "the chief executive" in each case; (iii) in paragraph (a)- (A) omitting the word "it" where it twice occurs and substituting the word "he" in each case; (B) omitting the word "its" and substituting the word "his"; (iv) in paragraph (c) omitting the word "it" and substituting the word "him"; (c) in subsection (3)- (i) omitting the words "the Council" wherever they occur and substituting the words "the chief executive" in each case; (ii) omitting from the first proviso to paragraph (c) the word "its" and substituting the word "his"; (d) in subsection (4)- (i) omitting the words "the Council" wherever they occur and substituting the words "the chief executive" in each case;

896 State Environment Act 1988, No. 77 (ii) omitting paragraph (c) and renumbering paragraphs (d) and (e) as (c) and (d) respectively; (e) in subsection (5), omitting the words "the Council" wherever they occur and substituting the words "the chief executive" in each case; (f) in subsection (6)- (i) omitting the words "the thirtieth day of June" and substituting the words "31 March"; (ii) adding after the existing paragraph the following paragraph:- "The date of expiry of every licence subsisting immediately prior to the commencement of section 65 of the State EnvironmentAct 1988 is deemed to be 31 March next following that commencement, and the licensee of such a licence shall be entitled to a credit, towards any subsequent renewal fee payable in respect of that licence, of the amount that is one quarter of the full fee payable in respect of the period of 12 months for which that licence is renewed."; (g) in subsection (7)- (i) in paragraph (a)- (A) omitting the words "the first day of June" and substituting the words "31 March"; (B) omitting the words "in June" and substituting the words "in March"; (ii) omitting from paragraph (b) the words "the thirtieth day of June" and substituting the words "31 March". 66. Amendment of s. 25. Notices authorising discharge of wastes. Section 25 of the Principal Act is amended by omitting the word "Council" wherever it occurs and substituting the words "chief executive" in each case. 67. Amendment of s. 26. Registers of licences , etc. Section 26 of the Principal Act is amended by- (a) in subsection (1), omitting the word "Council" and substituting the words "chief executive"; (b) in subsection (2)- (i) omitting the word "secretary" and substituting the words "chief executive"; (ii) omitting the words "on payment of the prescribed fee". 68. Amendment of s. 27 . Conditions of licence , etc., to be observed, subject to exemption . Section 27 of the Principal Act is amended by- (a) omitting the word "Council" wherever it appears and substituting the words "chief executive" in each case;

State Environment Act 1988, No. 77 897 (b) in subsection (2)- (i) omitting the words "by it" and substituting the words "by him"; (ii) omitting the words "as it" and substituting the words "as he"; (iii) omitting the words "where it" and substituting the words "where he". 69. Amendment of s. 28. Cancellation and suspension of licence. Section 28 of the Principal Act is amended by- (a) omitting the word "Council" wherever it occurs and substituting the words "chief executive" in each case; (b) in subsection (1), omitting the words "by it" and substituting the words "by him"; (c) in subsection (4), omitting the words "Clean Waters" and substituting the words "State Environment". 70. Amendment of s. 30 . Fees. Section 30 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words "the thirty-first day of July" and substituting the words "30 April"; (ii) omitting the words "the thirtieth day of June" and substituting the words "31 March"; (b) in subsection (3)- (i) omitting the words "it may" and substituting the words "he may"; (ii) omitting the word "Council" and substituting the words "chief executive". 71. Amendment of s. 31 . O ccupiers to prevent water pollution. Section 31 of the Principal Act is amended by- (a) omitting the word "Council" wherever it appears and substituting the words "chief executive" in each case; (b) in subsection (3)- (i) omitting the words "it is" and substituting the words "he is"; (ii) omitting the words "its opinion" and substituting the words "his opinion"; (iii) omitting the words "to it" and substituting the words "to the chief executive";

898 State Environment Act 1988, No. 77 (c) in subsection (5)- (i) omitting the words "it may" and substituting the words "the chief executive may"; (ii) omitting the words "it specifies" and substituting the words "are specified"; (d) in subsection (7), omitting the words "it may" and substituting the words "he may". 72. Amendment of s. 32 . Certain work not to be carried out on premises without prior notification to the Council . Section 32 of the Principal Act is amended by omitting the word "Council" where it appears in the note to the section and twice in the section and substituting the words "chief executive" in each case. 73. Amendment of s. 33. Design , installation and operation of water pollution abatement works. Section 33 of the Principal Act is amended by omitting the word "Council" and substituting the words "chief executive". 74. Amendment of s. 36. Requirements for waste removal by a Local Authority. Section 36 of the Principal Act is amended by- (a) in subsection (l )- (i) omitting all words from and including the words "The secretary shall" to and including the words "for water pollution control."; (ii) omitting the word "Council" where it twice occurs in that subsection as so amended and substituting the words "the chief executive" in each case; (b) in subsection (2)- (i) omitting the word "Council" and substituting the words "chief executive"; (ii) omitting the words "as it" and substituting the words "as he". 75. Amendment of s. 37. Requirements as to town planning, land use, etc . Section 37 of the Principal Act is amended by omitting from subsection (3) the word "Council" where it twice occurs and substituting the words "chief executive" in each case. 76. Amendment of s. 38. Occupier of premises required to furnish information . Section 38 of the Principal Act is amended by- (a) omitting the word "Council" and substituting the words "chief executive"; (b) omitting the words "to it" and substituting the words "to him"; (c) omitting the words "as it" and substituting the words "as he".

State Environment Act 1988, No. 77 899 77. Amendment of s. 39. Refusal to furnish information , etc. Section 39 of the Principal Act is amended by omitting the word "Council" and substituting the words "chief executive". 78. Amendment of s. 40. Clean Waters Trust Fund . Section 40 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- "(1) The State Environment Trust Fund established and kept under the State Environment Act 1988 is referred to in this section as the "Fund"."; (b) omitting the note to the section and substituting the words " State Environment Trust Fund.". 79. Amendment of s. 41. Appeals. Section 41 of the Principal Act is amended by- (a) omitting the words "the Council" wherever they occur and substituting the words "the chief executive" in each case; (b) in subsection (1), omitting the words "or a delegate of " where they twice appear; (c) in subsection (5), omitting the words "or a delegate of ". 80. Amendment of s. 42 . General powers of inspectors , etc. Section 42 of the Principal Act is amended by omitting the word "Council" and substituting the words "chief executive". 81. Amendment of s. 45 . Service of notices . Section 45 of the Principal Act is amended by omitting the word "secretary" where it twice appears and substituting the words "chief executive" in each case. 82. Amendment of s. 46. Unjustified disclosure of information. Section 46 of the Principal Act is amended by omitting from subsection (2) the word "Council" and substituting the words "chief executive". 83. Amendment of s. 47. O ffences and procedure . Section 47 of the Principal Act is amended by omitting in subsection (5) the word "Director" where it twice appears and substituting the words "chief executive" in each case. 84. Amendment of s. 51. Return of licence . Section 51 of the Principal Act is amended by omitting the word "secretary" and substituting the words "chief executive". 85. Amendment of s. 52. Facilitation of proof. Section 52 of the Principal Act is amended by- (a) omitting the word "secretary" wherever it occurs and substituting the words "chief executive" in each case;

900 State Environment Act 1988, No. 77 (b) in subsection (1), omitting from paragraph (b) the words "or analyst" and substituting the words ", analyst or other officer"; (c) in subsection (2) as so amended pursuant to paragraph (a)- (i) omitting the words "chairman, the Director and the"; (ii) adding after the words "chief executive" the words "and the Director". 86. Amendment of s. 52A. Indemnities . Section 52A of the Principal Act is amended by omitting the words "Council or any member thereof " and substituting the words "chief executive, the Director". 87. Repeal of and new s . 54. Publication of Proclamations , Orders in Council and regulations . The Principal Act is amended by repealing section 54 and substituting the following section:- "54. Tabling of Orders in Council and Proclamations . Section 28A of the Acts Interpretation Act 1954-1977 (Tabling of Regulations) shall apply with respect to Orders in Council and Proclamations made for the purposes of this Act as if those Orders in Council and Proclamations were regulations.". PART VII-AMENDMENT OF NOISE ABATEMENT ACT 1978-1985 88. Principal Act and citation as amended . (1) In this Part the Noise Abatement Act 1978-1985 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Noise Abatement Act 1978-1988. 89. Amendment of s. 3 . Arrangement of Act. Section 3 of the Principal Act is amended by omitting the words "PART VI-NOISE ABATEMENT AUTHORITY (ss. 42-52) and substituting the words "PART VI-POWER OF THE GOVERNOR IN COUNCIL AND OFFICERS (s. 51A);". 90. Amendment of s. 6. Interpretation. Section 6 of the Principal Act is amended by- (a) inserting immediately after the definition "abate" the following definition:- "Advisory Council" has the same meaning as it has in section 4 of the State Environment Act 1988;"; (b) omitting the definition "Authority"; (c) omitting the definition "chairman"; (d) inserting after the definition " by-law" the following definition:- "chief executive " has the same meaning as it has in the State Environment Act 1988;";

State Environment Act 1988, No. 77 901 (e) omitting the definition "deputy chairman"; (f) omitting the definition "Director" and substituting the following definition:- "Director" has the same meaning as it has in the State Environment Act 1988;"; (g) omitting from the definition "noise abatement order" the word "Authority" and substituting the words "chief executive". 91. Repeal of s. 7. Minister to administer Act. The Principal Act is amended by repealing section 7. 92. Amendment of s. 9 . Power of delegation . Section 9 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words "The Authority" and substituting the words "The chief executive"; (ii) omitting the words "the Authority" wherever they occur and substituting the words "the chief executive" in each case; (iii) omitting the words "the chairman of "; (b) omitting from subsections (2), (3) and (4) the words "the Authority" wherever they occur and substituting the words "the chief executive" in each case. 93. Amendment of s. 10 . Action upon complaint of excessive noise. Section 10 of the Principal Act is amended by- (a) omitting the word "Authority" wherever it occurs and substituting the words "chief executive" in each case; (b) in subsection (2)- (i) omitting the words "it may" and substituting the words "he may" (ii) omitting the words "its failure" and substituting the words "his failure"; (c) in subsection (3)- (i) omitting the words "to it" and substituting the words "to him"; (ii) omitting the words "it considers" and substituting the words "he considers"; (d) in subsection (4), omitting the words "it may" and substituting the words "he may". 94. Amendment of s. 11. Authority's duty to abate excessive noise. Section 11 of the Principal Act is amended by- (a) omitting the word "Authority's" from the note to the section and substituting the words "Chief executive's";

902 State Environment Act 1988, No. 77 (b) omitting the word "Authority" and substituting the words "chief executive"; (c) omitting the words "its duty" and substituting the words "his duty"; (d) omitting the words "on it" and substituting the words "on him". 95. Amendment of s. 12. Abatement of excessive noise . Section 12 of the Principal Act is amended by omitting from subsection (2) the word "Authority" where it twice occurs and substituting the words "chief executive" in each case. 96. Amendment of s. 13. Reference by Local Authority of applications for its approval etc. Section 13 of the Principal Act is amended by- (a) in subsection (2)- (i) omitting the words "the Authority" and substituting the words "the chief executive"; (ii) omitting the words "the Authority's" and substituting the words "the chief executive's"; (b) in subsection (3)- (i) omitting the words "The Authority" and substituting the words "The chief executive"; (ii) omitting the word "its" and substituting the word "his"; (c) in subsection (4), omitting the words "the Authority" where they twice occur and substituting the words "the chief executive" in each case. 97. Repeal of s. 13A. Authority may appoint committee to exercise its functions etc. under s. 13. The Principal Act is amended by repealing section 13A. 98. Amendment of s. 14. Inspection . Section 14 of the Principal Act is amended by- (a) omitting from subsection (1) the word "Director" and substituting the words "chief executive"; (b) inserting after subsection (1) the following subsection:- "(1 A) For the purposes of subsection (1) the following persons shall ex officio and without further or other appointment be deemed to be officers authorised by the chief executive:- ,(a) a person who is an inspector within the meaning of the Clean Air Act 1963-1988 or who is construed to be an inspector under section 17 (7) of that Act; (b) a person who is an inspector within the meaning of the CleanWaters Act 1971-1988 or who is construed to be an inspector under section 10 (6) of that Act.".

State Environment Act 1988, No. 77 903 99. Amendment of s. 15. Noise abatement notices . Section 15 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the word "Authority" and substituting the words "chief executive"; (ii) omitting the word "it" and substituting the word "he"; (b) in subsection (2)- (i) omitting the words "(being a time not earlier than 30 days after the giving of the notice)"; (ii) omitting the words "chairman of the Authority" and substituting the words "chief executive". 100. Amendment of s. 16. Noise abatement order. Section 16 of the Principal Act is amended by- (a) omitting the words "the Authority" where they twice occur and substituting the words "the chief executive" in each case; (b) in subsection (1)- (i) omitting the words "to it" and substituting the words "to him"; (ii) omitting the words "it may" and substituting the words "he may". 101. Amendment of s. 17. Revocation and amendment of noise abatement order. Section 17 of the Principal Act is amended by- (a) omitting the word "Authority" where it twice occurs and substituting the words "chief executive" in each case; (b) in subsection (1), omitting the words "it is" and substituting the words "he is"; (c) in subsection (2), omitting the words "it has" and substituting the words "he has". 102. Amendment of s. 18. Register of orders . Section 18 of the Principal Act is amended by- (a) omitting the word "Authority" where it twice occurs and substituting the words "chief executive" in each case; (b) omitting from subsection (1) the words "by it" and substituting the words "by him"; (c) omitting from subsection (2) the words "the secretary to". 103. Amendment of s. 18B. Temporary noise abatement order. Section 18B of the Principal Act is amended by omitting the words "Minister, acting on the advice of the Director," where they twice occur and substituting the words "chief executive" in each case.

904 State Environment Act 1988, No. 77 104. Amendment of s. 19. Licences . Section 19 of the Principal Act is amended by- (a) omitting the words "the Authority" wherever they occur and substituting the words "the chief executive" in each case; (b) omitting from paragraph (b) of subsection (1) the words "to it" and substituting the words "to him"; (c) in subsection (4)- (i) omitting the words "it may" and substituting the words "he may"; (ii) omitting the words "it is" and substituting the words "he is"; (iii) omitting the words "he is not" and substituting the words "the licensee is not". 105. Amendment of s. 19A. Register of licences . Section 19A of the Principal Act is amended by- (a) omitting the word "Authority" where it twice occurs and substituting the words "chief executive" in each case; (b) omitting from subsection (1) the words "by it" and substituting ,the words "by him"; (c) omitting from subsection (2) the words "secretary to the". 106. Amendment of s. 20. Revocation and amendment of licences. Section 20 of the Principal Act is amended by- (a) omitting the word "Authority" wherever it occurs and substituting the words "chief executive" in each case; (b) in subsection (1) omitting the words "by it" where they twice occur and substituting the words "by him" in each case; (c) in subsection (2) omitting the words "its opinion" and substituting the words "his opinion"; (d) in subsection (3) omitting the words "if it" and substituting the words "if he". 107. Amendment of s. 21 . Duration of licence . Section 21 of the Principal Act is amended by omitting the word "Authority" where it occurs three times and substituting the words "chief executive" in each case. 108. Amendment of s. 22 . O bligation of licensee. Section 22 of the Principal Act is amended by omitting the word "Authority" where it twice occurs and substituting the words "chief executive" in each case. 109. Amendment of s. 23. Exemption from compliance with licence. Section 23 of the Principal Act is amended by- (a) omitting the word "Authority" where it twice occurs and substituting the words "chief executive" in each case;

State Environment Act 1988, No. 77 905 (b) omitting from subsection (1) the words "it considers" and substituting the words "he considers". 110. Amendment of s. 24. Revocation and amendment of exemption. Section 24 of the Principal Act is amended by- (a) omitting the word "Authority" wherever it occurs and substituting the words "chief executive" in each case; (b) in subsection (1), omitting the words "by it" where they twice occur and substituting the words "by him" in each case; (c) in subsection (2), omitting the words "its opinion" and substituting the words "his opinion"; (d) in subsection (3), omitting the words "it has" and substituting the words "he has". 111. Amendment of s. 26 . Show cause proceedings . Section 26 of the Principal Act is amended by- (a) omitting the word "Authority" wherever it occurs and substituting the words "chief executive" in each case; (b) in subsection (I )- (i) omitting the words "it shall" and substituting the words "he shall"; (ii) omitting the words "of its" and substituting the words "of his"; (iii) omitting the words "on him" and substituting the words "on the occupier"; (iv) omitting all words from and including "(being a time" to and including the words "of the notice)"; (v) omitting the words "chairman of the"; (c) in subsection (2), omitting the words "the secretary to". 112. Amendment of s. 26A. Temporary licences. Section 26A of the Principal Act is amended by- (a) in subsection (1), omitting the words "chairman of the Authority" and substituting the words "chief executive"; (b) in subsection (2), omitting the word "Authority" and substituting the words "chief executive"; (c) in subsection (3), omitting the word "chairman" and substituting the words "chief executive"; (d) in subsection (5), omitting the word "chairman" and substituting the words "chief executive".

906 State Environment Act 1988, No. 77 113. Amendment of s. 27. Appeals from Authority' s decisions. Section 27 of the Principal Act is amended by- (a) omitting the word "Authority's" from the note to the section and substituting the words "chief executive's"; (b) omitting the word "Authority" where it twice appears and substituting the words "chief executive" in each case; (c) omitting the word "Director" from subsection (5) and substituting the words "chief executive"; (d) omitting the word "Authority's" from subsection (6) and substituting the words "chief executive's". 114. New Division in Part IV. The Principal Act is amended by inserting immediately after section 30 the following heading and sections:- "Division IA-Excessive Noise from Swimming Pool Equipment and Spa Bath Equipment 30A. Local Authorities to administer and enforce provisions. The administration and enforcement of the provisions of this Division are a function of Local Government and shall be discharged by Local Authorities. 30B. Regulations directed to abatement . (1) The power to make regulations conferred on the Governor in Council by section 57 includes power to make regulations for the abatement of excessive noise from swimming pool equipment and from spa bath equipment or from either of them. (2) Without limiting the generality of subsection (1) such regulations may be made in respect of the following:- (a) prescription of excessive noise from swimming pool equipment and from spa bath equipment; (b) different prescriptions of such excessive noise for different times of the day (including prescriptions of such excessive noise at night); (c) prescription of measurement location; (d) prescription of tonal adjustments; (e) prescription of a minimum measurement period; (f) prescription of action to be taken by the Local Authority concerned following complaint of excessive noise from swimming pool equipment or spa bath equipment; (g) prescription of the powers, authorities, functions and duties to be exercised or discharged by Local Authorities in the administration and enforcement of the provisions of this division; (h) prescription of the issue of permits authorising the emission of excessive noise in certain circumstances; (i) prescription of the penalties that may be imposed by a Local Authority for contravention of or failure to

State Environment Act 1988, No. 77 907 comply with the regulations prescribed pursuant to this section; (j) prescription of the manner in which proceedings may be instituted by the Local Authority in respect of offences in respect of the contravention of or failure to comply with the regulations made pursuant to this section. (3) The power to regulate includes the power to prohibit. 30c. Interpretation . In section 30B- "spa bath" means any bath or artificial pool through which aerated water is pumped under pressure; "spa bath equipment" means equipment, or any part thereof, used in or provided for filtering, aerating, pressurising or otherwise creating movement in spa bath water: without limiting the generality thereof, the term includes any motor, pump, air blower or compressor used or provided for any such purpose; "swimming pool" means an artificial pool of water, whether located wholly in the ground or wholly above the ground or partially in the ground and partially out of the ground, constructed, used or capable of being used for swimming purposes; "swimming pool equipment" means equipment, or any part thereof, used in or provided for aerating, circulating, filtering or vacuuming or otherwise creating movement in swimming pool water: the term includes any motor or pump used or provided for any such purpose.". 115. Amendment of s. 40A. Show cause proceedings . Section 40A of the Principal Act is amended by- (a) omitting the word "Authority" wherever it occurs and substituting the words "chief executive" in each case; (b) omitting the words "chairman of the" wherever they occur. 116. Amendment of s. 41. Regulations directed to abatement . Section 41 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:- "(2) The enforcement of regulations of the description referred to in subsection (1) shall be the duty of the following persons severally:- (a) the chief executive and officers authorised by him or deemed to be so authorised under and for the purposes of section 14, who in the performance of that duty shall have and may exercise the powers and authorities

908 State Environment Act 1988, No. 77 conferred on them by the regulations made under this Act; (b) members of the police force who in the performance of that duty shall have and may exercise all the powers and authorities had by them under the TrafficAct .1949-1985 and the regulations made under that Act or otherwise by law.". 117. Amendment of heading to Part VI. The Principal Act is amended by omitting the heading "PART VI-N OISE ABATEMENT AUTHORITY" where it occurs immediately before section 42 and substituting the words "PART VI-POWER OF THE GOVERNOR IN COUNCIL AND OFFICERS". 118. Repeal of ss. 42, 43 and 44. The Principal Act is amended by repealing sections 42 (Constitution of Authority), 43 (Membership of Authority) and 44 (Appointment of public servants as members). 119. Repeal of ss. 45, 46 and 47. The Principal Act is amended by repealing sections 45 (Term of appointment of members of Authority), 46 (Casual vacancies) and 47 (Appointment of deputy members). 120. Repeal of ss. 48, 49 and 50. The Principal Act is amended by repealing sections 48 (Committees), 49 (Remuneration of members of Authority) and 50 (Functions of Authority). 121. Repeal of s. 51. Proceedings of Authority. The Principal Act is amended by repealing section 51. 122. Amendment of s. 51A. Power of Governor in Council to rescind decisions etc. of Authority. Section 51A of the Principal Act is amended by omitting the word "Authority" where it occurs in the note to the section and wherever it occurs in the section and substituting the words "chief executive" in each case. 123. Repeal o f s. 51B . Annual Report . The Principal Act is amended by repealing section 51B. 124. Repeal of and new s. 52. Appointment of officers to assist Authority. The Principal Act is amended by repealing section 52 and substituting the following section:- "52. Officers. Such inspectors and other officers as are deemed necessary for the effectual administration of this Act may be appointed and shall hold office under the Public ServiceManagement and Employment Act 1988.". 125. Repeal of s. 56. Moratorium in respect of certain excessive noise . The Principal Act is amended by repealing section 56.