Environmental Management and Pollution Control (Infringement Notices) Amendment Regulations 2001

Environmental Management and Pollution Control (Infringement Notices) Amendment Regulations 2001

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Environmental Management and Pollution Control Act 1994 .

24 September 2001

G. S. M. Green

Governor

By His Excellency's Command,

D. E. Llewellyn

Minister for Primary Industries, Water and Environment

1.   Short title

These regulations may be cited as the Environmental Management and Pollution Control (Infringement Notices) Amendment Regulations 2001 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Environmental Management and Pollution Control (Infringement Notices) Regulations 1996 are referred to as the Principal Regulations.

4.    Regulation 3 substituted

Regulation 3 of the Principal Regulations is rescinded and the following regulation is substituted:

3.   Interpretation

In these regulations, unless the contrary intention appears,

Act means the Environmental Management and Pollution Control Act 1994 .

5.    Regulation 5 substituted

Regulation 5 of the Principal Regulations is rescinded and the following regulation is substituted:

5.   Prescribed offences

(1)  For the purposes of section 72 of the Act –

(a) an offence under a provision of an Act or regulations set out in Schedule 2 is a prescribed offence; and

(b) an offence under section 53(2) of the Act constituted by conduct specified in Division 2 of Part 1 of that Schedule is a prescribed offence.

(2)  The penalty specified in Schedule 2 in relation to an offence is the penalty applicable to that offence if the person accepts an infringement notice in relation to it.

6.    Schedule 2 substituted

Schedule 2 to the Principal Regulations is rescinded and the following Schedule is substituted:

SCHEDULE 2 - Prescribed offences

Regulation 5

PART 1 - Acts

Division 1 - Offences specified in Acts

1.    Environmental Management and Pollution Control Act 1994

Section	Penalty (penalty units)
32(1)	5
32(2)	10
45(1)	2
45(3)	5
76	2
77(1)	5
78	2
79	2
80	2
81(d)	2
81A(2)	2
81B(1)	2
94(2)	2
95(1)(a)	2
95(1)(b)	2
95(1)(c)	2
95(1)(d)	2

2.    Land Use Planning and Approvals Act 1993

Section	Penalty (penalty units)
63(2)(c)	5

Division 2 - Offences under section 53(2) of the Act constituted by specified conduct

Type of conduct	Penalty (penalty units)
1.	Unlawfully causing an environmental nuisance by the emission from –
	(a) residential premises of a pollutant in water, wastewater or any other form of liquid	2
	(b) any premises other than residential premises of a pollutant in water, wastewater or any other form of liquid	5
	(c) residential premises of a solid, liquid or gaseous pollutant, including offensive odours, into the atmosphere	2
	(d) any premises other than residential premises of a solid, liquid or gaseous pollutant, including offensive odours, into the atmosphere	5
	(e) residential premises of noise which is unreasonable having regard to –	2
	(i) its volume, intensity or duration; and
	(ii) the time, place and other circumstances in which it is emitted; and
	(iii) if it can be heard in a habitable room of any other residential premises
	(f) premises other than residential premises of noise which is unreasonable having regard to –	5
	(i) its volume, intensity or duration; and
	(ii) the time, place and other circumstances in which it is emitted
	(g) residential premises of a pollutant in the form of energy other than noise, including radioactivity and electromagnetic radiation	2
	(h) premises other than residential premises of a pollutant in the form of energy other than noise, including radioactivity and electromagnetic radiation	5
	(i) residential premises of a pollutant which comprises solid material	2
	(j) premises other than residential premises of a pollutant which comprises solid material	5
	(k) any vehicle of a pollutant other than noise and including solids, liquids or gases	2
	(l) any vehicle of noise	2

PART 2 - Regulations

1.    Environment Protection (Atmospheric Pollution) Regulations 1974

Regulation	Penalty (penalty units)
4(1)	5

2.    Environment Protection (Domestic Solid Fuel Burning Appliances) Regulations 1993

Regulation	Penalty (penalty units)
4(1)	5
5(1)	5
12(1)	5
12(2)	5
17	5

3.    Environment Protection (Noise) Regulations 1977

Regulation	Penalty (penalty units)
5(1)	5
6	2
7(1)	2
7(2)	2
8	2
9	2
10	2
11(1)	2
12	2
13(1)	5
13(2)	2
14(1)	5
15	2
16(1)	2
16(2)	2
17(1)	2
17A(1)	2

4.    Environment Protection (Prohibited Fuels) Regulations 1991

Regulation	Penalty (penalty units)
2(2)	5

5.    Environmental Management and Pollution Control (Waste Management) Regulations 2000

Regulation	Penalty (penalty units)
6(1)	5
6(2)	2
6(3)	2
7(1)	5
7(3)	2
7(5)	5
8(1)	5
8(2)	5
10(1)	5
11(1)	5
11(3)	5
11(4)	2

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 3 October 2001

These regulations are administered in the Department of Primary Industries, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Environmental Management and Pollution Control (Infringement Notices) Regulations 1996 to provide that certain offences against certain Acts and regulations are prescribed offences in respect of which, if contravened, environmental infringement notices may be issued and to correct a cross-reference.