Environmental Management and Pollution Control (Environmental Infringement Notices) Amendment (Environmental Nuisance) Regulations 2015

Environmental Management and Pollution Control (Environmental Infringement Notices) Amendment (Environmental Nuisance) Regulations 2015

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 February 2015

C. WARNER

Governor

By Her Excellency's Command,

MATTHEW GROOM

Minister for Environment, Parks and Heritage

1.   Short title

These regulations may be cited as the Environmental Management and Pollution Control (Environmental Infringement Notices) Amendment (Environmental Nuisance) Regulations 2015 .

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 (Environmental Infringement Notices) Regulations 2006 are referred to as the Principal Regulations.

4.    Schedule 2 amended (Prescribed offences)

Schedule 2 to the Principal Regulations is amended as follows:

(a) by inserting in the table in item 1 of Division 1 of Part 1 after

45(3)

5

the following item:

51B

5

(b) by omitting Division 2 from Part 1 and substituting the following Division:

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 or discharge from –
	(a) residential premises of a pollutant in water, wastewater or any other form of liquid;	2
	(b) any premises or place, 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 or place, 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) whether it is, or is likely to be, audible in a habitable room of any other residential premises;
	(f) any premises or place, 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) any premises or place, 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) any premises or place, other than residential premises, of a pollutant which comprises solid material;	5
	(k) any vehicle of a pollutant, other than noise, including solids, liquids and gases;	2
	(l) any vehicle, not on a public street, of noise.	2
2.	Unlawfully causing an environmental nuisance by the deposit of a solid or liquid pollutant in or on –
	(a) residential premises;	2
	(b) any premises or place other than residential premises.	5
3.	Unlawfully causing an environmental nuisance by the disturbance of a solid, liquid or gaseous pollutant in or on –
	(a) residential premises;	2
	(b) any premises or place other than residential premises.	5

(c) by omitting item 2 from Part 2 and substituting the following item:

2.    Environmental Management and Pollution Control (Miscellaneous Noise) Regulations 2014

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(2)	2
18(3)	2
19(1)	2
19(2)	2
20(1)	2
22(5)	2

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

Notified in the Gazette on 4 March 2015

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

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Environmental Management and Pollution Control (Environmental Infringement Notices) Regulations 2006 by –

(a) updating terminology consistent with the definition of environmental nuisance under the Environmental Management and Pollution Control Act 1994 ; and

(b) prescribing infringement notice offences relating to allowing pollutants to issue from a public place; and

(c) updating certain references to offences consequent upon the commencement of the Environmental Management and Pollution Control (Miscellaneous Noise) Regulations 2014 .