Overview

The Quarrying and Related Public Works Act 2004 was enacted by the Legislative Assembly of Norfolk Island to provide for the control of certain extractive and related works in the public interest. This Act sets out the framework for the regulation of quarrying and related activities on Norfolk Island, ensuring that such activities are conducted in a manner that is both sustainable and beneficial to the community. The primary objective of the Act is to manage and approve extractive activities, thereby mitigating any adverse impacts on residential, business, and conservation zones. By imposing specific conditions on approvals and limiting the duration and frequency of such activities, the Act seeks to balance the need for economic development with environmental protection and community welfare. Under this Act, the Minister may grant approval for the treatment of extractive material, provided certain conditions are met, such as the exclusion of such activities from residential and conservation zones and adherence to strict time limits and operational hours. The Act also imposes penalties for non-compliance with the terms of the approval, underscoring the importance of regulatory oversight in managing extractive activities. Overall, the Quarrying and Related Public Works Act 2004 aims to ensure that extractive operations on Norfolk Island are conducted responsibly and in the public interest.

Scope and Application

The Quarrying and Related Public Works Act 2004 of Norfolk Island is designed to regulate the control of certain extractive and related works for the public interest. This Act applies to any extractive industry which involves the quarrying or extraction of materials such as sand, clay, gravel, turf, soil, rock, stone, or similar materials from land. This also includes the sorting, crushing, or treatment of such materials, or the manufacture of products from them, whether on the land from which the materials are extracted or at another location with proper approval. The Act applies to any person or entity involved in such activities within the geographical jurisdiction of Norfolk Island. The Act's reach is limited to Norfolk Island, as it is a territory-specific piece of legislation. The Act imposes strict conditions on the granting of approvals for the movement and treatment of extractive materials, ensuring that such activities are only approved if deemed necessary for the public interest and for a limited period not exceeding seven working days. The Act also mandates that work must not be done at a particular place for more than seven working days in any 21-day period if more than one approval has been granted for that location. Any breach of the conditions imposed in an approval can lead to an offence, with a penalty of 1000 penalty units. The Act does not explicitly mention exclusions or exemptions but leaves the imposition of further conditions to the discretion of the Minister or the Legislative Assembly. The application and enforcement of this Act may be further detailed or modified through subordinate instruments.

Key Provisions

The Quarrying and Related Public Works Act 2004 (sections 4 and 5) allows the Minister to grant approvals for the treatment of extractive material under certain conditions. Specifically, section 4(1) permits the Minister to approve the sorting, crushing, or manufacturing of materials extracted from land, provided the work is not done in residential, business, mixed use, light industry, or conservation zones. The Legislative Assembly must approve the form of approval before it is granted (section 4(2)). The approval is contingent on several conditions: the work must be deemed necessary in the public interest (section 4(3)(a)); it can only be approved for up to 7 working days (section 4(3)(b)); the approval expires 60 days after the grant or upon the completion of 7 working days, whichever comes first (section 4(3)(c)); work must be conducted between 7:30 am and 5:00 pm (section 4(3)(d)); and if multiple applicants seek approval for the same location, they must be treated equally (section 4(3)(e)). Section 4(5) further allows the Minister to impose additional conditions as deemed necessary. Additionally, section 5 restricts the total working days to no more than 7 within any 21-day period for a particular location, regardless of the number of approvals issued. The Act imposes several obligations on parties and entities it governs. Firstly, any person seeking approval to treat extractive material must apply to the Minister and adhere to the conditions stipulated in sections 4(3) and 4(5). The Minister, in turn, is required to ensure that approvals are granted in the public interest and that any imposed conditions are strictly observed. Furthermore, the Legislative Assembly must approve the form of any approval before it is granted, as per section 4(2). Approved activities must strictly comply with the conditions of the approval, including the work hours and the limitation on the duration of work at a particular site, as outlined in section 5. Any person granted an approval under section 4 is also obligated to follow the specific conditions imposed by the Minister, which may include measures for environmental protection, noise control, and equitable treatment of applicants. The Act outlines specific penalties and consequences for breaches. Section 7 explicitly states that a person who fails to observe the terms of a condition imposed in respect of an approval granted under section 4 commits an offence. The penalty for such an offence is set at 1000 penalty units, as stipulated in the Act. This indicates that non-compliance with the conditions of the approval can lead to significant legal and financial repercussions, emphasizing the importance of adherence to the regulatory framework established by the Act.