Environmental Management and Pollution Control (Environmental Infringement Notices) Regulations 2006

Environmental Management and Pollution Control (Environmental Infringement Notices) Regulations 2006

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 .

21 August 2006

W. J. E. COX

Governor

By His Excellency's Command,

PAULA WRIEDT

Minister for Tourism, Arts and the Environment

1.   Short title

These regulations may be cited as the Environmental Management and Pollution Control (Environmental Infringement Notices) Regulations 2006 .

2.   Commencement

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

3.   Interpretation

In these regulations, unless the contrary intention appears –

Act means the Environmental Management and Pollution Control Act 1994 .

4.   Withdrawal notices

For the purposes of section 68(3) of the Act, the prescribed form of a withdrawal notice is as set out in Schedule 1 .

5.   Prescribed offences

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

(a) an offence under a provision of an Act or regulations specified 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 environmental infringement notice in relation to it.

6.   Legislation rescinded

The legislation specified in Schedule 3 is rescinded.

SCHEDULE 1 - Withdrawal notices

Regulation 4

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

PART 2 - Regulations

1.   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

2.    Environmental Management and Pollution Control (Miscellaneous Noise) Regulations 2004

Regulation	Penalty (penalty units)
5(1)	2
6	2
7	2
8(1)	2
9	2
10(1)	2
10(2)	2
11(1)	2
12	2
13(1)	2
14(1)	2
15	2
17(3)	2
17(4)	2
18(1)	2
20(5)	2

3.    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(5)	5
8(1)	5
8(2)	5
10(1)	5
12B(1)	5
12B(3)	5
12B(4)	2

SCHEDULE 3 - Legislation rescinded

Regulation 6

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

Notified in the Gazette on 30 August 2006

These regulations are administered in the Department of Tourism, Arts and the Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations –

(a) prescribe the form of a withdrawal notice for an environmental infringement notice; and

(b) prescribe certain offences as offences in relation to which an environmental infringement notice may be served; and

(c) rescind the Environmental Management and Pollution Control (Infringement Notices) Regulations 1996 .