Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Driller’s Licence) Determination 2021

Administered by Department of Employment and Workplace Relations

Legislation au F2021L00868 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Mutual Recognition Act 1992

 

Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement –Driller’s Licence) Determination 2021

 

This explanatory statement provides notes on the operation of the Notification Requirement- Driller’s Licence) Determination 2021 (the Determination). The specific provisions in the Determination are outlined in Attachment A. The information in the explanatory statement is an aid to understanding the Determination and should not be substituted for the Determination.

 

Context and purpose

Part 3A of the Mutual Recognition Act 1992 of the Commonwealth (the MRA) provides for the automatic mutual recognition of occupational registrations (AMR). AMR will provide an entitlement for an individual to carry on an activity in a second State, under the registration covering the activity in their home State through Automatic Deemed Registration (ADR).

 

Part 3A of the MRA provides for the making of a determination that requires a person who intends to carry on an activity in reliance of ADR to notify the local registration authority for the occupation before the person begins to carry on the activity. The Legislation Act 2003 of the Commonwealth provides for the making of legislative instruments.

 

Summary

Through this Determination, the Minister for Water, Energy, and Emissions Reductions of the Australian Capital Territory (the Minister) requires a person to notify the local registration authority – the Environment Protection Authority (the EPA) before the person begins to rely on automatic deemed registration to carry out the activity under the occupation in the Australian Capital Territory. The Determination commences at the same time as the Mutual Recognition Amendment Act 2021 of the Commonwealth commences. It will be repealed on or before 1 April or 1 October falling on or after the tenth anniversary of its registration.

 

Consultation

The Australian Capital Territory consulted with the EPA who issues driller’s licences under the Water Resources Act 2007 (ACT) (the Water Resources Act). The EPA supports the requirement for notification for this occupational registration. This is the appropriate consultation to have undertaken regarding whether a notification requirement for interstate workers is appropriate to meet the government’s obligations to protect consumers public health and the environment, and to provide targeted compliance and enforcement activities to minimise risk. Requiring notification of intention to work is also a mechanism that can be utilised to provide appropriate information to those interstate workers about the ACT’s legislative requirements.

 

The Minister is satisfied that the consultation undertaken is appropriate and practical for the purposes of making the Determination. The consultation drew on the knowledge of relevant subject matter experts.

 

 

 

 

 

 

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Attachment A

 

Details of the Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement –Driller’s Licence) Determination 2021

 

 

Part 1 – Preliminary

 

Section 1 – Name

 

This section provides that this Determination is to be cited as the Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement –Driller’s Licence) Determination 2021 (the Determination).

 

Section 2 – Commencement

 

This section provides the date on which the Determination comes into operation.

 

The Determination comes into operation on the day the Mutual Recognition Amendment Act 2021 commences.

 

Section 3 – Authority

 

This section outlines the authority through which the Determination is made. The Determination is made under section 42J of the Mutual Recognition Act 1992 (Commonwealth).

 

Section 4 – Simplified outline of the instrument

 

This section explains that the purpose of this instrument is to require a person to notify a local registration authority before the person begins to rely on automatic deemed registration under the Mutual Recognition Act 1992 of the Commonwealth to carry on an activity in the Australian Capital Territory. This section outlines the application of the notification and the period of the Determination.

 

Section 5 – Definitions

 

This section provides, for the purposes of this Determination, self-explanatory definitions of the following terms:

 

-        The Act is defined in this section as meaning the Mutual Recognition Act 1992;

 

-       A covered activity is defined as meaning an activity authorised to be carried on under a driller’s licence under the Water Resources Act 2007 (ACT);

 

-       The local registration authority means the Environment Protection Authority established under the Environment Protection Act 1997 (ACT).

 

Section 6 – Notification requirement

 

This section lists the specific paragraph of the MRA relied on to make the Determination, the activity under the occupation where a person must notify a local registration authority before the person begins to rely on automatic deemed registration.

The Determination is made in accordance with paragraph 42J(4) of the MRA. A person intending to rely on ADR to carry on an activity for which a driller’s licence under the Water Resources Act 2007 (ACT) is required, must notify the local registration authority, which is the Environment Protection Authority. This means that an individual cannot carry on the activity authorised under this licence in the Australian Capital Territory without first providing notification. An individual may obtain the notification requirements from the EPA.

 

 

 

 

 

 

Shane Rattenbury

 

ACT Minister for Water, Energy, and Emissions Reductions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Overview

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement – Driller’s Licence) Determination 2021 was enacted to address the need for regulating activities carried out under a driller’s licence within the Australian Capital Territory. This Determination operates under the Mutual Recognition Act 1992, which facilitates the automatic mutual recognition of occupational registrations across different states. The aim is to ensure that individuals who intend to carry out activities covered by a driller’s licence in the Australian Capital Territory notify the local registration authority, the Environment Protection Authority, before commencing these activities. The Minister for Water, Energy, and Emissions Reductions of the Australian Capital Territory made this Determination to safeguard public health, the environment, and to ensure compliance with local regulations. The Determination was enacted concurrently with the Mutual Recognition Amendment Act 2021 of the Commonwealth and is set to be repealed within a decade of its registration. The Environment Protection Authority supports this notification requirement as it allows for targeted compliance and enforcement measures.

Scope and Application

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement –Driller’s Licence) Determination 2021 applies to individuals holding a driller’s licence from another jurisdiction who intend to carry out activities in the Australian Capital Territory (ACT) under the automatic deemed registration (ADR) framework established by the Mutual Recognition Act 1992 (MRA) of the Commonwealth. This Determination mandates that such individuals must notify the Environment Protection Authority (EPA), the local registration authority under the Environment Protection Act 1997 (ACT), prior to commencing activities that require a driller’s licence as defined by the Water Resources Act 2007 (ACT). The jurisdictional reach of this Determination is confined to the ACT, although it is enacted under the authority of Commonwealth legislation. The Determination commences concurrently with the Mutual Recognition Amendment Act 2021 and will be repealed no later than 1 April or 1 October of the tenth anniversary following its registration. The EPA, which issued the Determination, supports this requirement to ensure compliance with ACT laws, safeguard public health, and protect the environment, while also providing necessary information to interstate workers regarding local legislative requirements.

Key Provisions

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement – Driller’s Licence) Determination 2021 (the Determination) under section 42J of the Mutual Recognition Act 1992 (Commonwealth) sets out a specific requirement for individuals who intend to carry on a covered activity under a driller’s licence. The primary provision of this Determination (section 6) mandates that any person intending to rely on automatic deemed registration to carry on an activity under the occupation in the Australian Capital Territory must notify the local registration authority – the Environment Protection Authority (EPA) – before beginning to carry on the activity. This notification requirement ensures that the EPA is aware of the individual’s intentions and can provide necessary guidance or take appropriate action if required. The Determination also outlines the definitions of key terms used within the document (section 5), such as the "Act" (Mutual Recognition Act 1992), "covered activity" (activities authorised under a driller’s licence under the Water Resources Act 2007 (ACT)), and the "local registration authority" (the Environment Protection Authority under the Environment Protection Act 1997 (ACT)). The Determination imposes several obligations and requirements on individuals and entities it governs. Firstly, it obligates individuals who intend to carry on an activity under the occupation in the Australian Capital Territory to notify the EPA before they begin their activity (section 6). This notification must be made in accordance with the provisions of the Mutual Recognition Act 1992. The EPA is tasked with receiving these notifications and ensuring that the individuals are aware of any specific requirements or conditions they need to meet to legally operate within the Australian Capital Territory. Additionally, the Determination specifies that the activity must be one for which a driller’s licence under the Water Resources Act 2007 (ACT) is required, thereby aligning the notification process with the specific regulatory framework governing these activities. Failure to comply with the notification requirement established by the Determination can result in several consequences. While the specific penalties are not detailed within the Determination, breaches of requirements under the Mutual Recognition Act 1992 can lead to enforcement actions, fines, or other penalties as stipulated in the relevant legislation. The Determination's purpose is to ensure that individuals are properly informed of local regulatory requirements, thereby protecting public health, safety, and the environment. Any failure to notify the EPA as required could potentially result in unauthorised activities, which may carry further legal repercussions, including potential legal action or cessation of the unauthorised activity.

Legal classification tags

Area of Law
Administrative Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Notification Requirements
Licensing & Registration
Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.