Environmental Management and Pollution Control Amendment Act (No. 2) 2000

Environmental Management and Pollution Control Amendment Act (No. 2) 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 (No. 2) 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 53 amended (Offence of causing environmental nuisance)

Section 53 of the Principal Act is amended by omitting subsection (5) and substituting the following subsection:

(5)  Subsections (1) and (2) do not apply to the following:

(a) conduct that is an offence against section 50 or 51 ;

(b) noise that –

(i) is emitted from or by a primary industry activity, within the meaning of the Primary Industry Activities Protection Act 1995 ; and

(ii) by reason of section 4 of that Act, does not constitute a nuisance within the meaning of that Act.

[Second reading presentation speech made in:

House of Assembly on 5 DECEMBER 2000

Legislative Council on 28 NOVEMBER 2000]