Environmental Management and Pollution Control Amendment Act 2001

Environmental Management and Pollution Control Amendment Act 2001

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 2001 .

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 48A inserted

After section 48 of the Principal Act , the following section is inserted in Division 3:

48A.   Minister may revoke order of Appeal Tribunal

(1)  The Minister, by notice published in the Gazette, may revoke an order of the Appeal Tribunal made under section 48 if –

(a) the order has effect, at least in part, by reference to a quantitative value in respect of a particular matter; and

(b) a different quantitative value is provided for in respect of that matter in a subsequent Act or other instrument of a legislative character.

(2)  A notice under subsection (1)  –

(a) may extend to an order of the Appeal Tribunal made before the commencement of this section; and

(b) is not a statutory rule for the purposes of the Rules Publication Act 1953 .

(3)  This section does not apply to a temporary order of the Appeal Tribunal.

[Second reading presentation speech made in:

House of Assembly on 1 NOVEMBER 2001

Legislative Council on 20 NOVEMBER 2001]