Environmental Management and Pollution Control Amendment Act 2000

Environmental Management and Pollution Control Amendment Act 2000

An Act to amend the Environmental Management and Pollution Control Act 1994

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Environmental Management and Pollution Control Amendment Act 2000 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Environmental Management and Pollution Control Act 1994 is referred to as the Principal Act.

4.    Section 3 amended (Interpretation)

Section 3(1) of the Principal Act is amended as follows:

(a) by omitting the definition of authorization and substituting the following definition:

authorization means an individual authorization or a general authorization;

(b) by omitting the definition of controlled article and substituting the following definition:

controlled article means an article –

(a) that contains a controlled substance; or

(b) that uses or is designed or intended to use a controlled substance in its operation –

but does not include an article that contains a controlled substance and has as its sole or primary function the enabling of the transference of the controlled substance from the ownership or control of one person to the ownership or control of another person;

(c) by omitting "mixture" from paragraph (b) of the definition of controlled substance and substituting "mixture, other than a chemical product in respect of which section 18(1) or (2) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1995 applies";

(d) by inserting the following definition after the definition of controlled substance :

controlled waste means –

(a) a substance that is controlled waste within the meaning of –

(i) the National Environment Protection Measure entitled the Movement of Controlled Waste Between States and Territories made by the National Environment Protection Council on 26 June 1998, as amended from time to time; or

(ii) any National Environment Protection Measure substituted for the Measure referred to in paragraph (a) , as amended from time to time; and

(b) a substance that is prescribed by the regulations to be controlled waste;

(e) by inserting the following definition after the definition of environment protection notice :

environment protection policy means an environment protection policy made and in force under Division 1A of Part 7 ;

(f) by omitting the definition of environmental audit and substituting the following definition:

environmental audit has the meaning given by section 5B ;

(g) by omitting the definition of environmental nuisance and substituting the following definition:

environmental nuisance means –

(a) the emission of a pollutant that unreasonably interferes with, or is likely to unreasonably interfere with, a person's enjoyment of the environment; and

(b) any emission specified in an environment protection policy to be an environmental nuisance;

(h) by inserting the following definitions after the definition of Fund :

general authorization means a general authorization issued under section 91A ;

general environmental duty means the duty of care described in section 23A(1) ;

(i) by inserting the following definitions after the definition of general manager :

individual authorization means an individual authorization issued under section 83 ;

internal marine waters means all waters adjacent to the State which –

(a) are on the landward side of the baselines by reference to which the territorial limits of Australia are defined for the purposes of international law; and

(b) are tidal;

(j) by inserting the following definitions after the definition of owner :

Panel means the Environment Protection Policy Review Panel established by section 96A(1) ;

person includes any body of persons, corporate or unincorporate;

(k) by inserting the following definition after the definition of public authority :

reasonable costs and expenses means any reasonable costs and expenses assessed in accordance with section 5A ;

(l) by inserting the following definition after the definition of recognized interstate authorization :

regulations means regulations made and in force under this Act;

(m) by inserting the following definition after the definition of sell :

State Policy has the same meaning as in the State Policies and Projects Act 1993 ;

(n) by omitting the definition of waste and substituting the following definition:

waste means any –

(a) discarded, rejected, unwanted, surplus or abandoned matter, whether of any value or not; or

(b) discarded, rejected, unwanted, surplus or abandoned matter, whether of any value or not, intended –

(i) for recycling, reprocessing, recovery, reuse or purification by a separate operation from that which produced the matter; or

(ii) for sale;

5.    Sections 5A and 5B inserted

After section 5 of the Principal Act , the following sections are inserted in Part 1:

5A.   Assessment of reasonable costs and expenses

For the purposes of this Act, the reasonable costs and expenses that have been or would be incurred by the Director, a council or some other public authority or person in taking any action are to be assessed by reference to the reasonable costs and expenses that would have been or would be incurred in having the action taken by independent contractors engaged for that purpose.

5B.   Environmental audit

An environmental audit is a documented, systematic, objective assessment of any one or more of the following:

(a) the ability of management systems to adequately manage waste and control pollution;

(b) the extent to which actions required to be taken, or outcomes required to be achieved, for waste management and pollution control have been taken or achieved;

(c) the extent, nature and source of wastes and emissions generated by an activity or process;

(d) the likelihood of waste management problems and pollution control problems occurring and the adequacy of safeguards in place to prevent their occurrence or limit their impact on the environment;

(e) the degree of compliance with –

(i) any conditions or restrictions applied by the Board to a permit issued under the Land Use Planning and Approvals Act 1993 ; or

(ii) any conditions imposed by an environment protection notice; or

(iii) any other requirement of this Act;

(f) any other matter specified by the Board for the purpose of determining compliance with the Act, a State Policy or an environment protection policy.

6.    Section 13 amended (Constitution of Board)

Section 13(1)(b) of the Principal Act is amended by inserting "who is the deputy chairperson of the Board" after "Director".

7.    Section 14 amended (Functions and powers of Board)

Section 14(1)(c) of the Principal Act is amended by omitting "emission" and substituting "omission".

8.    Section 20A inserted

After section 20 of the Principal Act , the following section is inserted in Division 1:

20A.   Duty of council to prevent or control pollution

(1)  In this section,

prescribed activity means –

(a) an activity that is a level 2 activity; and

(b) an activity that is a level 3 activity in respect of which the council has not, by an order under section 26 of the State Policies and Projects Act 1993 , been made responsible for the enforcement of conditions upon which the activity may proceed.

(2)  In relation to activities other than prescribed activities, a council must use its best endeavours to prevent or control acts or omissions which cause or are capable of causing pollution.

9.    Section 22 amended (Registers of environmental management and enforcement instruments)

Section 22 of the Principal Act is amended as follows:

(a) by inserting the following subsection after subsection (1) :

(1A)  Subject to section 23 , a council must keep a register containing particulars of –

(a) any environment protection notice issued under section 44(2) by a council officer who is an employee of that council; and

(b) any amendment or revocation of any notice referred to in paragraph (a) .

(b) by omitting from subsection (2) "the register" and substituting "a register referred to in subsection (1) or (1A) ".

10.    Section 23 amended (Trade secrets)

Section 23 of the Principal Act is amended as follows:

(a) by omitting subsection (1) and substituting the following subsection:

(1)  If it appears to the Board or a council that –

(a) any information that could be kept as a trade secret would be available to the public; and

(b) the release of that information would be likely to cause financial loss to any person –

the Board or council must consult with that person before including the information on any register kept under this Act, and that person may, within 14 days, make representations to the Board or council.

(b) by inserting in subsection (2) "or council" after "Board";

(c) by inserting in subsection (3) "or a council" after "Board".

11.    Part 2A inserted

After section 23 of the Principal Act , the following Part is inserted:

PART 2A - Environmental duties

23A.   General environmental duty

(1)  A person must take such steps as are practicable or reasonable to prevent or minimise environmental harm or environmental nuisance caused, or likely to be caused, by an activity conducted by that person.

(2)  In determining whether a person has complied with the general environmental duty, regard must be had to all the circumstances of the conduct of the activity, including but not limited to –

(a) the nature of the harm or nuisance or potential harm or nuisance; and

(b) the sensitivity of the environment into which a pollutant is discharged, emitted or deposited; and

(c) the current state of technical knowledge for the activity; and

(d) the likelihood and degree of success in preventing or minimising the harm or nuisance of each of the measures that might be taken; and

(e) the financial implications of taking each of those measures.

(3)  Failure to comply with subsection (1) does not itself constitute an offence or give rise to a civil right or remedy, but if a person has failed to comply with that subsection an environment protection notice may be issued to that person.

(4)  Where a person, in relation to an environmentally relevant activity, takes all measures specified, in a code of practice made and approved in accordance with section 102(2)(d) , as meeting the requirements for compliance with the general environmental duty, the person is taken to have complied with the general environmental duty in respect of the activity.

12.    Section 24 amended (Assessment of permissible level 1 activities)

Section 24 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "proposed" and substituting "use or development of land that is a";

(b) by omitting from subsection (2) "the time limits set out in section 57 (6) (b) , 58 (2) and 60(2) of that Act do not apply" and substituting "the planning authority must deal with the application in accordance with section 57 of that Act";

(c) by omitting from subsection (3) " Section 25 (3) to (8) " and substituting " Section 25(2) to (8) ";

(d) by omitting from subsection (3) "proposed";

(e) by inserting the following subsection after subsection (3) :

(3A)  Despite subsection (3) , section 25(2)(b) does not apply to the assessment if the planning authority fulfilled the requirements of section 57(3) of the Land Use Planning and Approvals Act 1993 before being required to refer the application to the Board.

13.    Section 25 amended (Assessment of permissible level 2 activities)

Section 25 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "proposed" and substituting "use or development of land that is a";

(b) by inserting the following subsections after subsection (1) :

(1A)  Subsection (1) does not apply in respect of an application for a permit for a use or development of land that is ancillary to an existing level 2 activity if the use or development will not cause serious or material environmental harm.

(1B)  For the purposes of this section, a use or development of land is taken to be ancillary to an existing level 2 activity if –

(a) it does not constitute conduct of works within the meaning of the definition of that level 2 activity in Schedule 2 ; or

(b) it does not constitute an intensification of the use or development of the land for the purposes of conducting the works which define that level 2 activity in Schedule 2 .

(1C)  Where a planning authority determines under this section that a use or development of land is ancillary to an existing level 2 activity and will not cause serious or material environmental harm, the planning authority must, if required by any person, give written reasons in support of its determination.

(c) by omitting subsection (2) and substituting the following subsection:

(2)  Where an application, other than an application made under Division 2A of Part 3 of the Land Use Planning and Approvals Act 1993 , is referred to the Board for assessment under subsection (1)  –

(a) the Board and the planning authority, as far as is practicable, are to conduct a joint assessment process in relation to the application; and

(b) the planning authority must not advertise the application until it has received written notice from the Director that the Board has received sufficient information to satisfy the requirements of section 74(3) ; and

(c) the planning authority must provide the Board with copies of representations received under section 57 (5) of the Land Use Planning and Approvals Act 1993 ; and

(d) the period referred to in section 54(1) of the Land Use Planning and Approvals Act 1993 is extended to 42 days; and

(e) sections 57 (6) and 60 (2) of the Land Use Planning and Approvals Act 1993 do not apply.

(d) by omitting from subsection (3) "Subject to subsection (4) " and substituting "If a planning authority does not reject an application under section 57(2) of the Land Use Planning and Approvals Act 1993 ";

(e) by omitting from subsection (3) "proposed";

(f) by omitting subsections (4) and (5) and substituting the following subsections:

(4)  If the Board is of the opinion that the activity will not result in serious or material environmental harm –

(a) the Board may notify the planning authority that an assessment under this Act is not required and must, if required by any person, give written reasons in support of that opinion; and

(b) section 24(2) , (3) and (4) does not apply in the case of an application that has been referred to the Board under section 24(1) ; and

(c) subsections (1)(a) , (2) and (3) do not apply in the case of an application that has been referred to the Board under subsection (1) .

(5)  On completion of an assessment under this Act –

(a) the Board must notify the planning authority –

(i) of any condition or restriction which the Board requires to be contained in a permit granted by the planning authority under the Land Use Planning and Approvals Act 1993 in respect of the activity; and

(ii) of the reasons for requiring the condition or restriction; or

(b) the Board must –

(i) direct the planning authority to refuse to grant the permit; and

(ii) notify the planning authority of the reasons for giving the direction.

(g) by omitting from subsection (6)(e) "requirements." and substituting "requirements; and";

(h) by inserting the following paragraph after paragraph (e) in subsection (6) :

(f) a condition requiring the person to whom the permit is granted to undertake such measures as the Board may specify to limit the environmental effects of traffic movements to and from the land to which the permit applies.

(i) by omitting subsection (7) ;

(j) by omitting from subsection (8)(b) "permit." and substituting "permit; and";

(k) by inserting the following paragraphs after paragraph (b) in subsection (8) :

(c) must notify the Board of its decision to grant or refuse to grant a permit; and

(d) must, at the same time as it serves notice of its decision in accordance with section 57(7) of the Land Use Planning and Approvals Act 1993 , notify in writing the applicant and any persons who made representations under section 57(5) of the Land Use Planning and Approvals Act 1993 in respect of the application –

(i) of the conditions or restrictions that the Board requires to be contained in the permit or of the direction to the planning authority to refuse to grant the permit; and

(ii) of the reasons of the Board for requiring the conditions or restrictions to be contained in the permit or for giving the direction.

14.    Section 27 amended (Assessment of activities which do not require a permit)

Section 27 of the Principal Act is amended as follows:

(a) by inserting the following subsection after subsection (1) :

(1A)  Subsection (1) does not apply to a waste transport business in respect of the transport of controlled waste to Tasmania from another State or a Territory or from Tasmania to another State or a Territory if –

(a) that business is permitted under the laws of the State or Territory in which it has its principal place of business; and

(b) the transfer of the controlled waste is conducted in accordance with any conditions or restrictions imposed by or under the laws of that State or Territory.

(b) by omitting from subsection (5) "has been" first occurring and substituting "must be";

(c) by omitting subsection (6) and substituting the following subsection:

(6)  On completion of an assessment, the Board must –

(a) cause the Director to, within 7 days after completion of the assessment –

(i) issue and serve on the person who proposes to undertake the activity which has been referred to the Board under this section an environment protection notice containing the conditions or restrictions (if any) which the Board requires to apply to the activity; and

(ii) by notice in writing served on any person who has made a representation in relation to the activity in accordance with section 74(6) , notify that person of the issue of the environment protection notice and the conditions or restrictions (if any) that the Board requires to apply to the activity; or

(b) by notice in writing served within 7 days after completion of the assessment –

(i) on the person who proposes to undertake the activity, notify that person that the activity must not proceed; and

(ii) on any person who has made a representation in relation to the activity in accordance with section 74(6) , notify that person that the activity must not proceed.

(d) by inserting in subsection (7) ", within 14 days after the day on which the notice was served under subsection (6) ," after "may".

15.    Section 32 substituted

Section 32 of the Principal Act is repealed and the following section is substituted:

32.   Notification of incidents

(1)  A person responsible for an activity that is not a level 2 activity or a level 3 activity must notify the relevant council, as soon as reasonably practicable but not later than 24 hours, after becoming aware of the release of a pollutant occurring as the result of any incident in relation to that activity, including an emergency, accident or malfunction, if this release causes or may cause an environmental nuisance.

(2)  A person responsible for an activity that is a level 2 activity or a level 3 activity must notify the Director, as soon as reasonably practicable but not later than 24 hours, after becoming aware of the release of a pollutant occurring as a result of any incident in relation to that activity, including an emergency, accident or malfunction, if this release causes or may cause an environmental nuisance.

(3)  A person responsible for an environmentally relevant activity must notify the Director, as soon as reasonably practicable but not later than 24 hours, after becoming aware of the release of a pollutant occurring as a result of any incident in relation to that activity, including an emergency, accident or malfunction, if this release causes or may cause serious or material environmental harm.

(4)  Any notification referred to in subsection (1) , (2) or (3) must include details of the incident, its nature, the circumstances in which it occurred and any action that has been taken to deal with it.

(5)  A person who contravenes subsection (1) , (2) or (3) is guilty of an offence.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 1 200 penalty units; or

(b) a natural person, a fine not exceeding 600 penalty units.

(6)  For the purposes of subsections (1) , (2) and (3) –

(a) a person is not required to notify the council or the Director of such an incident if the person has reasonable grounds for believing that the incident has already come to the notice of the council or Director or any officer engaged in the administration or enforcement of this Act; but

(b) a person is required to notify the council or the Director of such an incident despite the fact that to do so might incriminate the person or make the person liable to a penalty.

(7)  Any notification given by a person in compliance with this section is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).

16.    Section 33 repealed

Section 33 of the Principal Act is repealed.

17.    Section 35 amended (Financial assurance to secure compliance with Act)

Section 35 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "a level 2 activity or a level 3 activity," and substituting "an environmentally relevant activity";

(b) by omitting from subsection (5) "responsible for a level 2 activity or a level 3 activity".

18.    Section 37 amended (Environmental improvement programme)

Section 37 of the Principal Act is amended by omitting "that, when approved, achieves" and substituting "the intent of which, when approved, is to achieve".

19.    Section 39 amended (When environmental improvement programme required)

Section 39(1) of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph:

(b) it is not practicable for a person to comply with a State Policy, a provision of this Act, the regulations or an environment protection policy.

20.    Section 41A inserted

After section 41 of the Principal Act , the following section is inserted in Division 7:

41A.   Minor amendment of environmental improvement programmes

(1)  On the request of the person who prepared an environmental improvement programme that has been approved under section 40(4) , the Board may amend the requirements of that programme if the amendment –

(a) does not prevent the achievement of the outcomes of the programme; and

(b) does not extend by more than 3 months the time by which any requirement of that programme must be achieved; and

(c) does not extend the total period during which the programme is to be carried out so that the total period exceeds 3 years.

(2)  If an amendment is made under subsection (1) , the Board must –

(a) within 7 days after making the amendment, notify the person who requested the amendment and each person who made a representation under section 40(3) of the amendment; and

(b) if required by any person to do so, provide written reasons in support of the amendment.

(3)  If the Board refuses a request to amend an environmental improvement programme, the Board must –

(a) within 7 days after making the decision to refuse to amend, notify the person who requested the amendment of that decision; and

(b) if required by any person to do so, provide written reasons for that decision.

21.    Section 42 amended (Contravention of requirements contained in environmental improvement programmes)

Section 42 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

(1)  A person does not incur liability for prosecution in respect of an act or omission –

(a) in respect of which a person is required to prepare and submit a draft environmental improvement programme under section 39 if that person complies with that requirement; or

(b) that is authorised by an environmental improvement programme during the period over which the programme is to be carried out.

22.    Section 42A inserted

After section 42 of the Principal Act , the following section is inserted in Division 7:

42A.   Completion of environmental improvement programmes

If the Board considers that an environmental improvement programme in respect of an activity has been satisfactorily completed, the Board must, by notice in writing served on the person responsible for the activity and any person who made a representation under section 40(3) , notify those persons of the satisfactory completion of the programme.

23.    Section 44 amended (Environment protection notices)

Section 44 of the Principal Act is amended as follows:

(a) by inserting in subsection (1)(c) "or an environment protection policy" after "Policy";

(b) by omitting from subsection (1)(d) "permit –" and substituting "permit; or";

(c) by inserting the following paragraph after paragraph (d) in subsection (1) :

(e) it is necessary to secure compliance with the general environmental duty –

(d) by omitting from subsection (2) "a level 1 activity or an environmental nuisance –" and substituting "an activity other than a level 2 or level 3 activity –";

(e) by inserting in subsection (2)(c) "or an environment protection policy" after "Policy";

(f) by omitting from subsection (2)(d) "permit –" and substituting "permit; or";

(g) by inserting the following paragraph after paragraph (d) in subsection (2) :

(e) it is necessary to secure compliance with the general environmental duty –

(h) by omitting from subsection (2) "level 1" second occurring;

(i) by omitting from subsection (2) "or environmental nuisance";

(j) by omitting paragraph (e) from subsection (3) ;

(k) by inserting the following subsection after subsection (3) :

(3A)  The Director or, in the case of a notice issued under section 44(2) , the council officer may require the person on whom an environment protection notice is served to pay reasonable costs and expenses for the issuing of the notice and for ensuring that it is complied with.

(l) by omitting subsection (6) and substituting the following subsections:

(6)  A person on whom an environment protection notice has been served or an owner of land to whom an environment protection notice has been forwarded under section 46 (1) (a) may appeal to the Appeal Tribunal against the notice or against any requirement contained in the notice.

(6A)  A person who has been served with a notice amending or revoking any requirement or condition of an environment protection notice under subsection (5)(c) may appeal to the Appeal Tribunal against the amendment or revocation.

(m) by inserting the following subsection after subsection (7) :

(8)  If the conditions of a permit are varied by the issuing of an environment protection notice under subsection (1)(d) or subsection (2)(d) , the Director or, in the case of an environment protection notice issued by a council officer, the council officer must by notice in writing served on any person who made a representation under section 57(5) of the Land Use Planning and Approvals Act 1993  –

(a) notify the person of the variation in the conditions of the permit; and

(b) provide written reasons to that person for the decision to vary the conditions of the permit.

24.    Section 45 amended (Duties arising under environment protection notice)

Section 45(1) of the Principal Act is amended as follows:

(a) by omitting from paragraph (b) "; and" and substituting ".";

(b) by omitting paragraph (c) .

25.    Section 47 amended (Action on non-compliance with environment protection notice)

Section 47 of the Principal Act is amended by omitting subsection (1) and substituting the following subsections:

(1)  The Director or, in the case of an environment protection notice served by a council officer, the council may take any action required by an environment protection notice if the requirements of the notice are not complied with within –

(a) the period specified in the notice under section 44(3)(d)(iii) ; or

(b) if a period is not so specified in the notice, a reasonable time.

(1A)  In determining what is a reasonable time for the purposes of subsection (1)(b) , regard must be had to –

(a) the seriousness of the environmental harm that has occurred or is likely to occur as a result of the act or omission which is the subject of the environment protection notice; and

(b) the type of measures the environment protection notice requires the person on whom it is served to undertake to prevent, control, reduce or remediate that environmental harm and the degree of difficulty that person is likely to have in undertaking and completing those measures.

26.    Section 51A inserted

After section 51 of the Principal Act , the following section is inserted in Division 4:

51A.   Offence to deposit pollutant where environmental harm may be caused

(1)  A person must not deposit a pollutant, or cause or allow a pollutant to be deposited, in a place or position where it could reasonably be expected to cause serious environmental harm.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 2500 penalty units; or

(b) a natural person, a fine not exceeding 1200 penalty units.

(2)  A person must not deposit a pollutant, or cause or allow a pollutant to be deposited, in a place or position where it could reasonably be expected to cause material environmental harm.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 1200 penalty units; or

(b) a natural person, a fine not exceeding 600 penalty units.

27.    Section 52 amended (Treatment of offences)

Section 52 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) " section 50 or 51 " and substituting " section 50 , 51 or 51A ";

(b) by inserting the following subsections after subsection (4) :

(5)  If in proceedings for an offence against section 51A(1) the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against section 51A(2) or 53 , the court may find the defendant guilty of either of the latter offences.

(6)  If in proceedings for an offence against section 51A(2) the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against section 53 , the court may find the defendant guilty of the latter offence.

28.    Section 53 amended (Offence of causing environmental nuisance)

Section 53 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:

(3)  Where an offence under subsection (1) or (2) is constituted by the emission of noise that is not an emission specified in an environment protection policy to be an environmental nuisance, the emission is to be taken to unreasonably interfere with a person's enjoyment of the environment if it is unreasonable having regard to –

(a) its volume, intensity or duration; and

(b) the time, place and other circumstances in which it is emitted; and

(c) in the case of noise emitted from residential premises, whether it can be heard in a habitable room in any other residential premises.

29.    Section 55 amended (General criminal defence)

Section 55 of the Principal Act is amended as follows:

(a) by omitting subsection (1) and substituting the following subsection:

(1)  It is a defence to a charge of an offence against this Act, including –

(a) an offence by a body corporate or a natural person where conduct or a state of mind is imputed to the body corporate or person under this Part; and

(b) an offence by an officer of a body corporate under this Part –

if it is proved that –

(c) the alleged offence did not result from any failure on the defendant's part to take all reasonable and practicable measures to prevent the commission of the offence or offences of the same or a similar nature; or

(d) the act or omission alleged to constitute the offence was justified by the need to protect life, the environment or property in a situation of emergency and that the defendant was not guilty of any failure to take all reasonable and practicable measures to prevent or deal with such an emergency.

(b) by omitting subsection (2) ;

(c) by omitting from subsection (3) "the defence" and substituting "either of the defences";

(d) by omitting from subsection (4) "the defence" and substituting "either of the defences".

30.    Section 55A inserted

After section 55 of the Principal Act , the following section is inserted in Division 4:

55A.   General environmental duty defence

(1)  In any proceedings under this Act, if it is alleged that a person has contravened section 50 , 51 , 51A or 53 , it is a defence if –

(a) maximum levels for the particular pollutant have been set in a State Policy or an environment protection policy or as a condition in a permit, and it is shown that those levels were not breached; or

(b) a State Policy, environment protection policy or condition in a permit provides that compliance with specified provisions of a State Policy or environment protection policy or specified conditions in a permit will satisfy the general environmental duty and it is shown that those provisions or conditions were complied with; or

(c) it is shown that all measures specified in a code of practice made and approved in accordance with the regulations as meeting the requirements for compliance with the general environmental duty have been taken.

(2)  The defences applied under subsection (1) are in addition to, and do not derogate from, the general defence under section 55 .

31.    Section 65 repealed

Section 65 of the Principal Act is repealed.

32.    Section 67 amended (Service and acceptance of an environmental infringement notice)

Section 67(4)(b) of the Principal Act is amended by omitting "may" and substituting "may, in accordance with section 69 ,".

33.    Section 72 substituted

Section 72 of the Principal Act is repealed and the following section is substituted:

72.   Prescribed offences and penalties for Division 5

(1)  The regulations may prescribe offences for the purposes of this Division and the penalties applicable under this Division to those offences.

(2)  The offences that may be prescribed for the purposes of subsection (1) may include –

(a) any offence that is an offence under this Act or the regulations; or

(b) any offence that is an offence under the Pollution of Waters by Oil and Noxious Substances Act 1987 or regulations made under that Act; or

(c) any offence under section 63(2)(c) of the Land Use Planning and Approvals Act 1993 .

(3)  Regulations made for the purposes of subsection (1) may provide that an offence is a prescribed offence for the purposes of this Division only if it is constituted by conduct of a type specified in the regulations.

(4)  If an offence under the Pollution of Waters by Oil and Noxious Substances Act 1987 , the regulations made under that Act or section 63(2)(c) of the Land Use Planning and Approvals Act 1993 is prescribed by the regulations for the purposes of this Division –

(a) this Division applies in respect of that offence; and

(b) this Division is to be read as one with the Pollution of Waters by Oil and Noxious Substances Act 1987 , the regulations made under that Act or the Land Use Planning and Approvals Act 1993 , as the case requires.

34.    Section 75 amended (Non-application of Part 6)

Section 75(1)(a) of the Principal Act is amended by omitting "article" and substituting "article, other than any foam of a kind referred to in section 81 ,".

35.    Section 76 substituted

Section 76 of the Principal Act is repealed and the following section is substituted:

76.   Sales

(1)  In this section,

controlled substance includes a substance specified in Schedule 1 to the Ozone Protection Act 1989 of the Commonwealth, whether existing alone or in a mixture, that is a chemical product in respect of which section 18(1) or (2) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1995 applies.

(2)  A person must not sell an amount of a controlled substance unless the person has an authorization to sell controlled substances or is acting under the direction of a person who has such an authorization.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 1 000 penalty units; or

(b) a natural person, a fine not exceeding 500 penalty units.

36.    Section 80A inserted

After section 80 of the Principal Act , the following section is inserted in Division 2:

80A.   Decommissioning of non-essential fixed halon flooding systems

(1)  A person who owns or has control of a fixed halon flooding system must ensure that before 1 July 2001 –

(a) all the halon contained in the system is removed by a person who holds an authorization in respect of the decommissioning of controlled articles; and

(b) the system is decommissioned.

(2)  Subsection (1) does not apply to a person who holds an authorization to own or have control of a fixed halon flooding system.

(3)  For the purposes of subsections (1) and (2) ,

person who owns or has control of a fixed halon flooding system includes –

(a) the occupier of premises; and

(b) the person in charge of a vehicle; and

(c) the master of a marine vessel.

37.    Sections 81A and 81B inserted

After section 81 of the Principal Act , the following sections are inserted in Division 2:

81A.   Needlessly releasing ozone-depleting substance

(1)  In this section,

needless release of an ozone-depleting substance includes, but is not limited to –

(a) the careless release of an ozone-depleting substance; and

(b) the unnecessary release of an ozone-depleting substance; and

(c) the release of an ozone-depleting substance due to the failure to properly maintain equipment that uses an ozone-depleting substance; and

(d) the release of an ozone-depleting substance due to the failure of a person servicing equipment that uses an ozone-depleting substance to comply with relevant industry codes of practice.

(2)  A person must not needlessly release or allow the needless release of an ozone-depleting substance.

Penalty:  In the case of –

(a) a body corporate – a fine not exceeding 500 penalty units; and

(b) a natural person – a fine not exceeding 250 penalty units.

81B.   Scrapping of controlled article containing ozone-depleting substance

(1)  A person who owns or has control of a controlled article that contains an ozone-depleting substance must not dismantle, scrap or dump, or cause or allow the dismantling, scrapping or dumping, of the controlled article except where that ozone-depleting substance has been removed from the controlled article by a person who holds an authorization in respect of the decommissioning of controlled articles.

Penalty:  In the case of –

(a) a body corporate – a fine not exceeding 500 penalty units; and

(b) a natural person – a fine not exceeding 250 penalty units.

(2)  Subsection (1) does not apply in respect of a controlled article that is a domestic refrigerator or a domestic air conditioner.

38.    Part 6, Division 3: Heading amended

Division 3 of Part 6 of the Principal Act is amended by omitting "Authorizations" from the heading to that Division and substituting "Individual Authorizations".

39.    Section 82 amended (Applications for individual authorization)

Section 82(1) of the Principal Act is amended by inserting "individual" after "for an".

40.    Section 83 amended (Issue or refusal of individual authorization)

Section 83 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) "individual" after "an";

(b) by inserting in subsection (1) "to undertake a controlled activity" after "authorization";

(c) by inserting in subsection (2) "individual" after "issue an";

(d) by omitting subsection (3) and substituting the following subsection:

(3)  The Director may issue an individual authorization to a person to install, own or have control of a fixed halon flooding system in or at any premises, vehicle or marine vessel if satisfied that there is no practical alternative means of fire protection available for the premises, vehicle or vessel and that a fixed halon flooding system is required –

(a) to protect persons in situations where human occupancy is necessary and evacuation is not possible; or

(b) to protect the continued operation of equipment where that operation is necessary to protect or support human life and an alternative means of fire protection does not exist; or

(c) to protect the continued operation of equipment where that operation is critical to the community and failure of the operation is likely to have serious consequences and an alternative means of fire protection does not exist.

(e) by inserting in subsection (4) "individual" after "an";

(f) by inserting in subsection (5) "individual" after "an";

(g) by inserting in subsection (6) "individual" after "an";

(h) by inserting in subsection (7) "individual" after "an".

41.    Section 84 amended (Form and authority of individual authorization)

Section 84 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) "individual" after "An";

(b) by inserting in subsection (2) "individual" after "An";

(c) by inserting in subsection (3) "individual" after "An";

(d) by inserting in subsection (4) "individual" after "An";

(e) by inserting in subsection (5) "individual" after "an".

42.    Section 85 amended (Individual authorization fee)

Section 85 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) "individual" after "an";

(b) by inserting in subsection (2) "individual" after "required, the".

43.    Section 86 amended (Alteration of conditions of individual authorization)

Section 86 of the Principal Act is amended as follows:

(a) by inserting in subsection (1)(a) "individual" after "an";

(b) by inserting in subsection (1)(b) "individual" after "an";

(c) by inserting in subsection (2) "individual" after "an";

(d) by inserting in subsection (3) "individual" after "which an";

(e) by inserting in subsection (3) "individual" after "on an";

(f) by inserting in subsection (4) "individual" after "an".

44.    Section 87 amended (Cancellation of individual authorization)

Section 87 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) "individual" after "cancel an";

(b) by inserting in subsection (2) "individual" after "an";

(c) by inserting in subsection (2) "individual" after "whom the";

(d) by inserting in subsection (3) "individual" after "an";

(e) by inserting in subsection (4) "individual" after "an";

(f) by inserting in subsection (5) "individual" after "cancelled".

45.    Section 88 amended (Recognition of interstate individual authorizations)

Section 88 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) "individual" after "interstate";

(b) by inserting in subsection (3) "individual" after "interstate";

(c) by inserting in subsection (3) "individual" after "is an";

(d) by inserting in subsection (4) "individual" after "interstate";

(e) by inserting in subsection (5) "individual" after "interstate";

(f) by inserting in subsection (6) "individual" after "an interstate";

(g) by inserting in subsection (6) "individual" after "the interstate";

(h) by inserting in subsection (7) "individual" after "interstate".

46.    Section 89 amended (Statement of recognition)

Section 89 of the Principal Act is amended by omitting "authorization" first occurring and substituting "individual authorization or attach to a recognized interstate individual authorization".

47.    Section 90 amended (Recognition fee)

Section 90(1) of the Principal Act is amended by inserting "individual" after "interstate".

48.    Section 91 amended (Cancellation of recognition)

Section 91 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) "individual" after "an interstate";

(b) by inserting in subsection (1)(a) "individual" after "interstate";

(c) by inserting in subsection (1)(b) "individual" after "holds that interstate";

(d) by inserting in subsection (1)(b)(ii) "individual" after "interstate";

(e) by inserting in subsection (1)(b)(iii) "individual" after "interstate";

(f) by inserting in subsection (2) "individual" after "an interstate";

(g) by inserting in subsection (2) "individual" after "recognized interstate";

(h) by inserting in subsection (3) "individual" after "interstate";

(i) by inserting in subsection (4) "individual" after "interstate".

49.    Part 6, Division 4 inserted

After section 91 of the Principal Act , the following Division is inserted in Part 6:

Division 4 - General authorizations

91A.   General authorization

(1)  In this section,

specified means specified in a general authorization.

(2)  The Director may issue a general authorization authorising a person of a specified class to undertake a specified controlled activity.

(3)  The Director may issue a general authorization authorising a person of a specified class to install, own or have control of a fixed halon flooding system in or at any class of premises, vehicle or marine vessel only if satisfied that there is no practical alternative means of fire protection available in respect of the specified class of premises, vehicle or marine vessel and that a fixed halon flooding system is required –

(a) to protect persons in situations where human occupancy is necessary and evacuation is not possible; or

(b) to protect the continued operation of equipment where that operation is necessary to protect or support human life and an alternative means of fire protection does not exist; or

(c) to protect the continued operation of equipment where that operation is critical to the community and failure of the operation is likely to have serious consequences and an alternative means of fire protection does not exist.

(4)  A general authorization may specify any conditions with which a person of the specified class must comply in undertaking the specified controlled activity.

(5)  For the purposes of deciding whether to issue a general authorization, the Director may take advice from a body jointly established by the Minister and a Minister of the Commonwealth, any other State or a Territory to consider applications for the use of controlled substances.

(6)  A general authorization is to be published in the Gazette.

(7)  A general authorization –

(a) takes effect on the specified day or, if no day is specified, on the day on which it is gazetted; and

(b) remains in force until it is revoked.

91B.   Alteration or revocation of general authorization

(1)  In this section –

alter means –

(a) add any matter; and

(b) omit any matter; and

(c) omit any matter and substitute other matter;

matter includes a condition with which a person of the specified class must comply when undertaking the specified controlled activity;

specified means specified in the general authorization.

(2)  The Director may alter or revoke a general authorization by notice in the Gazette.

(3)  The alteration or revocation of a general authorization takes effect on the day set out in the alteration or revocation or, if no such day is set out, on the day the alteration or revocation is gazetted.

91C.   Authority of general authorization

(1)  In this section,

specified means specified in the general authorization.

(2)  A general authorization authorises a person of a specified class to undertake the specified controlled activity in accordance with any specified conditions.

50.    Part 7, Division 1A inserted

After section 96 of the Principal Act , the following Division is inserted in Part 7:

Division 1A - Environment protection policies

Subdivision 1 - Environment Protection Policy Review Panel

96A.   Environment Protection Policy Review Panel

(1)  The Environment Protection Policy Review Panel is established.

(2)  The Panel consists of –

(a) the chairperson who is the chairperson of the Resource Planning and Development Commission; and

(b) the member of the Board referred to in section 13(1)(c) ; and

(c) the member of the Board referred to in section 13(1)(d) ; and

(d) the member of the Board referred to in section 13(1)(e) .

(3)  Schedule 5A has effect with respect to the membership, meetings and proceedings of the Panel.

96B.   Functions and powers of Panel

(1)  The Panel has the functions imposed on it by this and any other Act.

(2)  The Panel may do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of its functions.

Subdivision 2 - Contents and effect of environment protection policy

96C.   Reason for, and scope of, environment protection policy

(1)  An environment protection policy may be made for the purpose of furthering any of the objectives of this Act.

(2)  Without limiting subsection (1) , an environment protection policy may be made in respect of any one or more of the following matters:

(a) a pollutant;

(b) an industry or activity;

(c) a technology or process;

(d) waste management;

(e) pollution control practice;

(f) land, air or water quality;

(g) noise;

(h) litter.

96D.   Contents of environment protection policy

(1)  An environment protection policy must state that the policy applies to the environment generally or to an aspect or part of the environment specified in the policy.

(2)  An environment protection policy may do one or more of the following:

(a) state the objectives to be achieved and maintained under the policy;

(b) identify the environmental values to be enhanced or protected under the policy;

(c) state indicators, parameters, factors or criteria to be used in measuring or deciding any quality or condition of the environment;

(d) establish a program by which the stated objectives are to be achieved and maintained including, but not limited to, the following:

(i) quantifying ambient conditions;

(ii) the qualities and maximum quantities of any pollutant permitted to be released into the environment;

(iii) the minimum standards to be complied with in the installation or operation of vehicles, plant or equipment for the control of pollutants or waste from specified sources or places;

(iv) measures designed to protect the environment or to minimise the possibility of environmental harm;

(e) provide for a performance assessment procedure in respect of that program;

(f) specify the emissions that are to be environmental nuisances for the purposes of paragraph (b) of the definition of "environmental nuisance" in section 3(1) ;

(g) specify maximum levels of particular pollutants for the purposes of section 55A(1) ;

(h) provide, for the purposes of section 55A(1) , that compliance with specified provisions of the environment protection policy will satisfy the general environmental duty.

(3)  An environment protection policy may make provision in relation to any matter in respect of which a regulation may be made under section 102 and may provide for fees to be payable in respect of matters specified in the policy.

(4)  An environment protection policy may –

(a) authorise any act, matter or thing in relation to which the policy may be made to be from time to time determined, applied or regulated by the Panel or the Director; and

(b) be made subject to conditions specified in the policy; and

(c) be made so as to apply differently according to any factors, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the policy; and

(d) provide that a contravention of, or failure to comply with, any provision of the policy is an offence; and

(e) in respect of each offence, provide for the imposition of a fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 100 penalty units for each day during which the offence continues; and

(f) in respect of an offence, provide who may prosecute the offence.

96E.   Interpretation of environment protection policy

The Acts Interpretation Act 1931 applies to the interpretation of an environment protection policy as if it were by-laws.

96F.   Application of certain Acts

(1)  An environment protection policy is not a statutory rule for the purposes of the Rules Publication Act 1953 .

(2)  The Treasurer, by notice published in the Gazette, may declare an environment protection policy to be subordinate legislation for the purposes of the Subordinate Legislation Act 1992 .

Subdivision 3 - Making of environment protection policy

96G.   Notice of proposal to prepare draft environment protection policy

(1)  Before preparing a draft environment protection policy, the Minister must prepare and give notice of a proposal to prepare the draft environment protection policy.

(2)  The notice must –

(a) be published on 2 consecutive Saturdays –

(i) in a newspaper circulating generally throughout the State; and

(ii) if it is intended that the environment protection policy when completed will only apply to a particular area of the State, in a newspaper circulating generally in that area; and

(b) if it is intended that the environment protection policy when completed will only apply in respect of an aspect or part of the environment, specify that aspect or part; and

(c) state where copies of the proposal may be obtained; and

(d) invite from Government departments and agencies, public authorities, local government, industry organisations, interested groups and persons and members of the public the making of written submissions to the Minister on the proposal; and

(e) specify the day by which those submissions may be made, being a day not less than 30 days after the notice is first published in a newspaper.

96H.   Preparation of draft environment protection policy

(1)  After considering all submissions made within the time specified in a notice of proposal to prepare a draft environment protection policy under section 96G(2) , the Minister may prepare a draft environment protection policy.

(2)  When preparing a draft environment protection policy, the Minister must also prepare an impact statement which –

(a) explains the purpose and effect of the policy; and

(b) complies with Schedule 2 to the Subordinate Legislation Act 1992 .

96I.   Notice of draft environment protection policy

(1)  After preparing a draft environment protection policy and the impact statement referred to in section 96H(2) , the Minister must –

(a) give notice of the draft environment protection policy and impact statement; and

(b) provide a copy of that notice, the draft environment protection policy and the impact statement to the Panel.

(2)  The notice must –

(a) be published on 2 consecutive Saturdays –

(i) in a newspaper circulating generally throughout the State; and

(ii) if the draft environment protection policy only applies to a particular area of the State, in a newspaper circulating generally in that area; and

(b) if the draft environment protection policy only applies in respect of an aspect or part of the environment, specify that aspect or part; and

(c) state where copies of the draft environment protection policy and impact statement may be obtained; and

(d) invite from Government departments and agencies, public authorities, local government, industry organisations, interested groups and persons and members of the public the making of written submissions to the Panel on the draft environment protection policy and impact statement; and

(e) specify the day by which those submissions may be made, being a day not less than 30 days after the notice is first published in a newspaper.

96J.   Assessment of draft environment protection policy

The Panel –

(a) must consider all submissions properly made to it in respect of the draft environment protection policy and impact statement; and

(b) may hold hearings in respect of any submission or group of submissions; and

(c) may modify the draft environment protection policy; and

(d) must, within 42 days after the completion of the consideration of submissions and the holding of all hearings, submit to the Minister –

(i) a report on the findings of the Panel; and

(ii) if the Panel has modified the draft environment protection policy, a copy of that modified draft environment protection policy; and

(e) must publish notice of its report to the Minister in the Gazette and make the report and the modified draft environment protection policy, if any, available to the public.

96K.   Making of environment protection policy

(1)  On receiving the report from the Panel under section 96J , the Minister may –

(a) refuse to recommend to the Governor the making of an environment protection policy; or

(b) recommend to the Governor the making of an environment protection policy.

(2)  The Governor may make an environment protection policy in accordance with a recommendation made under subsection (1)(b) , and fix a day on which it will take effect.

(3)  Within 10 sitting days after an environment protection policy is made, the Minister must cause it to be laid before each House of Parliament.

(4)  An environment protection policy takes effect on the later of the following days:

(a) the day specified in it as the day on which it will take effect;

(b) the day after it has been approved by both Houses of Parliament.

(5)  An environment protection policy is approved by a House of Parliament –

(a) when the House passes a motion approving the environment protection policy; or

(b) at the end of 5 sitting days after the environment protection policy was laid before the House if no notice of motion to disapprove it is before the House; or

(c) if such a notice is before the House at the end of that period, when the first of the following occurs:

(i) the notice is withdrawn;

(ii) the motion is negatived;

(iii) a further period of 5 sitting days ends.

96L.   Interim environment protection policy

(1)  At any time on or after the day on which notice of a draft environment protection policy is first published in a newspaper, the Governor may, by notice published in the Gazette, make an interim environment protection policy if the Governor is satisfied, on the recommendation of the Minister, that it is necessary that an environment protection policy should come into operation without delay.

(2)  An interim environment protection policy takes effect on the day specified in it.

(3)  The Acts Interpretation Act 1931 applies to the interpretation of an interim environment protection policy as if it were by-laws.

(4)  An interim environment protection policy is not a statutory rule for the purposes of the Rules Publication Act 1953 .

(5)  Within 10 sitting days after an interim environment protection policy is made, the Minister must cause it to be laid before both Houses of Parliament.

(6)  An interim environment protection policy ceases to have effect –

(a) if the Governor revokes it by notice in the Gazette; or

(b) if either House of Parliament passes a resolution disallowing it; or

(c) if an environment protection policy is made as a result of the publication, consideration and assessment of the draft environment protection policy that is the basis of the interim environment protection policy; or

(d) at the end of 12 months after it took effect.

96M.   Amendment of environment protection policy

(1)  In this section,

significant change, in relation to an amendment to an environment protection policy, means an amendment to an environment protection policy that substantially alters the content or effect of the environment protection policy.

(2)  The Minister may require the Panel to determine whether a proposed amendment to an environment protection policy constitutes a significant change to the environment protection policy.

(3)  The Panel must, within 21 days after being required to make the determination or such longer period as the Minister allows –

(a) notify the Minister of its determination; and

(b) publish notice of its determination in the Gazette.

(4)  The Panel must make the determination available for inspection by the public.

(5)  If the Panel determines that the amendment is not a significant change to the environment protection policy, the Minister may –

(a) refuse to recommend to the Governor an amendment to the environment protection policy; or

(b) recommend to the Governor an amendment to the environment protection policy without following the procedure set out in sections 96G , 96H , 96I and 96J .

(6)  The Governor may amend an environment protection policy in accordance with a recommendation made under subsection (5)(b) , and fix a day on which it will take effect.

(7)  Section 96K does not apply to an amendment made under subsection (6) .

(8)  An amendment made under subsection (6) takes effect on the day specified in it or, if no day is specified, on the day on which its making is notified in the Gazette.

(9)  An amendment to an environment protection policy made under subsection (6) is not a statutory rule for the purposes of the Rules Publication Act 1953 .

(10)  The Acts Interpretation Act 1931 applies to the interpretation of an amendment to an environment protection policy as if the amendment were by-laws.

(11)  Any amendment of an environment protection policy that the Panel has determined is a significant change is to be made in accordance with sections 96G , 96H , 96I , 96J and 96K which apply in respect of the amendment as if it were the making of a new environment protection policy.

96N.   Review of environment protection policy

(1)  The Minister must review an environment protection policy at least once within each period of 5 years after it came into operation or the last review was conducted for the purposes of –

(a) assessing the effectiveness of the environment protection policy in achieving its stated objectives; and

(b) assessing whether, and how effectively, the environment protection policy has furthered the objectives set out in Schedule 1 ; and

(c) assessing the social and economic impact of the policy; and

(d) determining whether the environment protection policy should be retained in the same form, amended or revoked.

(2)  In conducting a review, the Minister may obtain information in the manner, and from the persons, the Minister considers appropriate.

96O.   Implementation and enforcement of environment protection policy

An environment protection policy is to be implemented and enforced by a council, the Board or another person as specified in the policy.

51.    Section 98A inserted

After section 98 of the Principal Act , the following section is inserted in Division 2:

98A.   Recovery of unpaid fees

(1)  A fee not paid by the due date is recoverable from the person liable to pay it as a debt due to the Crown.

(2)  The Minister, by notice in the Gazette, may impose a penalty as determined by the Treasurer for the non-payment of any fee.

52.    Section 102 amended (Regulations)

Section 102(2)(c) of the Principal Act is amended by inserting "emission or" after "regulating the".

53.    Section 103 substituted

Section 103 of the Principal Act is repealed and the following section is substituted:

103.   Fees imposed by councils

In accordance with the provisions of the Local Government Act 1993 , a council may impose fees in relation to any function or service carried out by the council under this Act.

54.    Schedule 2 amended (Level 2 Activities)

Schedule 2 to the Principal Act is amended as follows:

(a) by omitting paragraph (i) from clause 2 and substituting the following paragraph:

(i) Woodchip Mills: works involving processing of trees or parts of trees to form woodchips which have a production capacity of 1 000 tonnes or more per year, but excluding:

(i) mobile woodchippers operating in forest harvest areas; and

(ii) mobile woodchippers which are moved regularly from sawmill to sawmill to chip sawmill residues produced by those mills; and

(iii) woodchip mills or mobile woodchippers which are permanently or semi-permanently located at a sawmill and used solely for the processing of sawmill residues produced by the sawmill at which the woodchipper is located.

(b) by omitting from clause 3(c) "hazardous waste" and substituting "controlled waste or the transport, whether or not for fee or reward, of any controlled waste to Tasmania from another State or a Territory or from Tasmania to another State or a Territory";

(c) by inserting the following paragraph after paragraph (d) in clause 7 :

(e) Disposing of Wastes in Internal Marine Waters: the deposition of wastes (including dredged spoils) in internal marine waters.

55.    Schedule 4 amended (Provisions with Respect to Meetings of the Board)

Clause 2 of Schedule 4 to the Principal Act is amended as follows:

(a) by inserting in subclause (1) "or deputy chairperson" after "chairperson";

(b) by inserting in subclause (4) "or, in the absence of the chairperson, the deputy chairperson of the Board" after "Board".

56.    Schedule 5A inserted

After Schedule 5 to the Principal Act , the following Schedule is inserted:

SCHEDULE 5A - Membership, meetings and proceedings of Panel

Section 96A

1.   Disclosure of interests

(1) If a member of the Panel has or acquires an interest (whether pecuniary or otherwise) that would or may conflict with the proper performance of the member's functions in relation to a matter being considered or about to be considered by the Panel, the member must disclose the nature of that interest to the Panel as soon as practicable after becoming aware of the conflict or possible conflict, and no later than at the next meeting of the Panel.

(2) A disclosure under subclause (1) is to be recorded in the minutes of the meeting of the Panel and the member must not, unless the Panel otherwise determines –

(a) be present during any deliberation of the Panel with respect to that matter; or

(b) take part in any decision of the Panel with respect to that matter.

(3) For the purpose of making a determination by the Panel under subclause (2) in relation to a member who has made a disclosure under subclause (1) , a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates must not take part in the making by the Panel of the determination.

2.   Deputies of members

(1) For the purposes of this clause, a member of the Panel is absent if he or she –

(a) is absent from duty; or

(b) is otherwise unable to perform the functions of the office of member of the Panel.

(2) If the chairperson of the Panel is absent, a person acting or entitled to act in the position of chairperson of the Resource Planning and Development Commission is taken to be the chairperson of the Panel.

(3) If a member of the Panel other than the chairperson is absent, that member's deputy is taken to be a member of the Panel.

3.   Validity of proceedings, &c.

All acts and proceedings of the Panel or of any person acting pursuant to any direction of the Panel are, despite the subsequent discovery that any person was disqualified from acting as, or incapable of being, a member of the Panel, as valid as if the member was qualified to act as, or capable of being, a member and as if the Panel had been fully constituted.

4.   Presumptions

In any proceedings by or against the Panel, unless evidence is given to the contrary, no proof is required of –

(a) the constitution of the Panel; or

(b) any resolution of the Panel; or

(c) the presence of a quorum at any meeting of the Panel.

5.   Convening of meetings of Panel

Meetings of the Panel may be convened by the chairperson of the Panel or by any 2 members of the Panel.

6.   Procedure at meetings

(1) Three members of the Panel of whom one must be the chairperson form a quorum at any duly convened meeting of the Panel.

(2) Any duly convened meeting of the Panel at which a quorum is present is competent to transact any business of the Panel.

(3) Questions arising at a meeting of the Panel are to be determined by a majority of votes of the members of the Panel present and voting.

(4) In the case of an equality of votes, the chairperson of the Panel has a casting vote.

7.   General procedure

The procedure for the calling of, and for the conduct of business at, meetings of the Panel is, subject to this Act, to be as determined by the Panel.

57.    Schedule 6 amended (Transitional and Miscellaneous Provisions)

Clause 8(a) of Schedule 6 to the Principal Act is amended by inserting "or an environment protection policy" after "Policy".

[Second reading presentation speech made in:

House of Assembly on 6 APRIL 2000

Legislative Council on 24 MAY 2000]