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This is a Bill, not an Act. For current law, see the Acts databases.


ENVIRONMENTAL PROTECTION AMENDMENT BILL 2002

                        Western Australia



Environmental Protection Amendment Bill 2002

                          CONTENTS


       Part 1 -- Preliminary
 1.    Short title                                  2
 2.    Commencement                                 2
 3.    The Act amended                              2
       Part 2 -- Assessment and
            implementation of proposals
 4.    Section 3 amended                            3
 5.    Section 37B inserted                         4
 6.    Section 38 amended                           5
 7.    Section 38A inserted                         8
 8.    Sections 39A and 39B inserted                8
 9.    Section 40 amended                          11
 10.   Sections 40A and 40B inserted               13
 11.   Section 41 amended                          14
 12.   Section 41A inserted                        15
 13.   Section 43 amended                          16
 14.   Section 43A inserted                        16
 15.   Section 44 amended                          17
 16.   Section 45 amended                          18
 17.   Sections 45A, 45B and 45C inserted          19
 18.   Section 46 replaced by sections 46 to 46C   21
 19.   Section 47 replaced                         25
 20.   Section 48 amended                          26
 21.   Section 48F amended                         27
 22.   Section 89 amended                          28
 23.   Section 100 amended                         28
 24.   Section 101 amended                         30


                                                   page i
                            131--3
Environmental Protection Amendment Bill 2002



Contents



   25.     Schedule 1 amended                                   32
   26.     Schedule 2 amended                                   32
           Part 3 -- Environmental regulation
           Division 1 -- Amendments to Environmental
                 Protection Act 1986
   27.     Long title amended                                   33
   28.     Section 3 amended                                    33
   29.     Section 3A inserted                                  35
   30.     Section 15 amended                                   37
   31.     Section 16 amended                                   37
   32.     Section 26 amended                                   37
   33.     Section 35 amended                                   37
   34.     Section 48 amended                                   38
   35.     Heading to Part V replaced                           38
   36.     Section 49 amended                                   38
   37.     Sections 50A, 50B, 50C and 50D inserted              39
   38.     Section 51 amended                                   41
   39.     Part V Division 3 heading inserted                   41
   40.     Section 53 amended                                   42
   41.     Section 56 amended                                   43
   42.     Section 60 amended                                   43
   43.     Section 63A inserted                                 43
   44.     Part V Division 4 heading and section 64A inserted   44
   45.     Section 65 amended and transitional                  44
   46.     Various references to "pollution abatement notice"
           amended                                              48
   47.     Section 66 amended                                   48
   48.     Section 69 amended                                   49
   49.     Section 71 amended                                   49
   50.     Section 72 amended                                   49
   51.     Section 73 amended and transitional                  50
   52.     Sections 73A and 73B inserted                        53
   53.     Part V Division 5 heading inserted                   56
   54.     Section 74 amended                                   56
   55.     Sections 74A and 74B inserted                        57
   56.     Section 75 amended                                   59
   57.     Section 89 amended                                   59
   58.     Section 90 amended                                   61
   59.     Section 92 amended                                   61

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                      Environmental Protection Amendment Bill 2002



                                                           Contents



60.   Section 92B amended                                    61
61.   Section 95 amended                                     62
62.   Section 96 amended                                     62
63.   Section 103 amended                                    62
64.   Section 111 amended                                    63
65.   Section 122A inserted                                  63
66.   Schedule 1 amended                                     64
67.   Schedule 2 amended                                     65
      Division 2 -- Consequential amendments to other
            Acts
68.   Consequential amendments                               66

      Part 4 -- Licensing and works
           approvals
69.   Section 3 amended                                      69
70.   Section 52 amended                                     69
71.   Section 53 amended                                     70
72.   Section 54 amended                                     70
73.   Section 55 amended                                     71
74.   Section 56 amended                                     71
75.   Section 57 amended                                     72
76.   Section 58 amended                                     73
77.   Section 59 replaced by sections 59, 59A and 59B        73
78.   Section 60 amended                                     77
79.   Sections 61 and 62 replaced by sections 61, 62 and
      62A                                                    78
80.   Section 64 amended                                     83
81.   Section 68A inserted                                   83
82.   Section 102 amended                                    86
83.   Section 105 amended                                    86
84.   Section 109 amended                                    86
85.   Schedule 1 amended                                     86
86.   Schedule 2 amended                                     87
      Part 5 -- Financial assurances
87.   Part VA inserted                                       89
88.   Schedule 1 amended                                     96
89.   Schedule 2 amended                                     96



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Environmental Protection Amendment Bill 2002



Contents



           Part 6 -- Environmental protection
                policies
   90.     Section 5 amended                                         97
   91.     Section 26 amended                                        97
   92.     Section 28 amended                                        97
   93.     Section 30 replaced                                       98
   94.     Section 35 amended                                        98
   95.     Section 36 amended                                        99
   96.     Schedule 2 amended                                       100
   97.     Approved policies amended and savings provisions         100
           Part 7 -- Appeals
   98.     Section 3 amended                                        103
   99.     Section 102 amended                                      103
   100.    Section 106 replaced                                     104
   101.    Section 107 amended                                      105
   102.    Sections 107A, 107B, 107C and 107D inserted              106
   103.    Section 109 amended                                      108
   104.    Schedule 7 inserted                                      109
           Part 8 -- Bilateral Agreements
   105.    Section 3 amended                                        112
   106.    Section 16 amended                                       112
   107.    Section 17 amended                                       112
   108.    Section 120 amended                                      113
           Part 9 -- Clearing permits
           Division 1 -- Amendments to Environmental
                 Protection Act 1986
   109.    Section 3 amended                                        114
   110.    Part V Division 2 inserted and transitional provisions   114
   111.    Section 70 replaced and transitional provisions          136
   112.    Section 101A inserted                                    141
   113.    Section 105 amended                                      143
   114.    Section 109 amended                                      143
   115.    Schedule 1 amended                                       143
   116.    Schedules 5 and 6 inserted                               144




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                      Environmental Protection Amendment Bill 2002



                                                            Contents



       Division 2 -- Consequential repeal and
              amendment of Soil and Land Conservation
              Regulations
117.   Soil and Land Conservation (Clearing Control)
       Regulations 1991 repealed                             149
118.   Soil and Land Conservation Regulations 1992
       amended                                               149
119.   Transitional provisions                               149
120.   Wildlife Conservation Act 1950 sections 16 and 23D
       amended                                               150
       Part 10 -- Miscellaneous
121.   Section 3 amended                                     152
122.   Section 4A inserted                                   152
123.   Section 5 amended                                     154
124.   Section 12 amended                                    154
125.   Section 16 amended                                    155
126.   Section 23 repealed                                   155
127.   Section 81A amended                                   155
128.   Section 99 amended                                    156
129.   Section 99A amended                                   156
130.   Section 99J amended                                   156
131.   Section 99K amended                                   156
132.   Section 111A inserted and Schedule 1 amended          157
133.   Section 114 amended                                   158
134.   Section 114A inserted                                 159
135.   Section 118 replaced                                  160
136.   Section 121 replaced                                  162
137.   Section 123 amended                                   162
138.   Schedule 2 amended                                    162
139.   Schedule 3 amended                                    163
140.   References to "Chief Executive Officer"               164
141.   Environmental Protection (Landfill) Levy Act 1998
       amended                                               166
142.   Control of Vehicles (Off-road Areas) Act 1978
       amended                                               166
       Schedule 1 -- Minor amendments to
           section 3(1)


                                                             page v
Environmental Protection Amendment Bill 2002



Contents




page vi
                           Western Australia



                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)



       Environmental Protection Amendment
                    Bill 2002


                               A Bill for


An Act to amend the Environmental Protection Act 1986 and for
consequential and related purposes.



The Parliament of Western Australia enacts as follows:




                                                            page 1
     Environmental Protection Amendment Bill 2002
     Part 1         Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Environmental Protection
                Amendment Act 2002.

5    2.         Commencement
          (1)   This Act comes into operation on a day to be fixed by
                proclamation.
          (2)   Different days may be fixed under subsection (1) for different
                provisions.
10        (3)   The day fixed under subsection (1) for Part 9 or a provision in
                Part 9 is not to be earlier than the earliest day on which
                regulations made for the purposes of section 51C(c) of the
                Environmental Protection Act 1986 as inserted by section 110
                are laid before the Legislative Assembly under section 42(1) of
15              the Interpretation Act 1984.

     3.         The Act amended
                The amendments in this Act are to the Environmental
                Protection Act 1986* unless otherwise indicated.
                [* Reprinted as at 11 January 2002.
20                 For subsequent amendments see Act No. 25 of 2001.]




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                                         Environmental Protection Amendment Bill 2002
                                Assessment and implementation of proposals     Part 2

                                                                                         s. 4



     Part 2 -- Assessment and implementation of proposals
     4.              Section 3 amended
          (1)        Section 3(1) is amended as follows:
                      (a) by inserting in the appropriate alphabetical positions the
5                           following definitions --
                     "
                               "implementation agreement or decision" means an
                                   agreement or decision under section 45 (or under
                                   section 45 as applied by section 46(8)) as to
10                                 whether or not a proposal to which a report
                                   published under section 44(3) relates may be
                                   implemented and, if that proposal may be
                                   implemented, as to what conditions and
                                   procedures, if any, that implementation is subject;
15                             "implementation conditions" means the conditions
                                   and procedures, if any, agreed or decided in
                                   relation to a proposal under section 45 (or under
                                   section 45 as applied by section 46(8));
                               "person" includes a public authority;
20                                                                                     ";
                         (b)    in the definition of "proponent" by deleting "nominated
                                under section 38 as being".
          (2)        After section 3(2a) the following subsection is inserted --
                "
25                  (2b)       If a person is for the time being nominated under
                               section 38(6) as being responsible for a proposal that
                               person is to be regarded, for the purposes of the
                               definition of "proponent" in subsection (1), as the
                               person responsible for the proposal.
30                                                                                        ".




                                                                                    page 3
     Environmental Protection Amendment Bill 2002
     Part 2         Assessment and implementation of proposals

     s. 5



          (3)        After section 3(3) the following subsection is inserted --
                "
                    (3a)   A reference in this Act to the changing of
                           implementation conditions is a reference to --
5                            (a) varying, removing or adding implementation
                                   conditions; or
                             (b) inserting implementation conditions where
                                   none existed.
                                                                                      ".

10   5.              Section 37B inserted
                     Before section 38 the following section is inserted in Part IV
                     Division 1 --
     "
            37B.           Definitions
15                   (1)   In this Division --
                           "significant proposal" means a proposal likely, if
                                implemented, to have a significant effect on the
                                environment;
                           "strategic proposal" has the meaning given by
20                              subsection (2).
                     (2)   A proposal is a "strategic proposal" if and to the
                           extent to which it identifies --
                               (a) a future proposal that will be a significant
                                      proposal; or
25                             (b) future proposals likely, if implemented in
                                      combination with each other, to have a
                                      significant effect on the environment.
                                                                                      ".




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                                     Environmental Protection Amendment Bill 2002
                            Assessment and implementation of proposals     Part 2

                                                                                      s. 6



     6.              Section 38 amended
          (1)        Section 38(1) to (5) are repealed and the following subsections
                     are inserted instead --
                "
5                    (1)   Subject to subsections (2) and (5j), any person may
                           refer a significant proposal to the Authority.
                     (2)   In the case of a proposal under an assessed scheme,
                           only the proponent can refer the proposal to the
                           Authority under subsection (1).
10                   (3)   Subject to subsection (5j), the proponent of a strategic
                           proposal may refer the proposal to the Authority.
                     (4)   If it appears to the Minister that there is public concern
                           about the likely effect of a proposal, if implemented, on
                           the environment, the Minister may refer the proposal to
15                         the Authority.
                     (5)   Subject to subsection (5j), as soon as a
                           decision-making authority has notice of a proposal that
                           appears to it to be --
                             (a) a significant proposal; or
20                           (b) a proposal of a prescribed class,
                           the decision-making authority is to refer the proposal to
                           the Authority.
                    (5a)   Subsection (5) does not apply if the proposal has been
                           referred to the Authority under subsection (1) or (4).
25                  (5b)   In the case of a proposal under an assessed scheme, the
                           application of subsection (5)(a) is subject to
                           section 48I.
                    (5c)   If the Authority considers that a proposal that is --
                             (a) a significant proposal; or


                                                                                  page 5
     Environmental Protection Amendment Bill 2002
     Part 2         Assessment and implementation of proposals

     s. 6



                      (b)    a proposal of a prescribed class,
                     has not been referred to it under subsection (1), (4) or
                     (5), the Authority is to require the proponent or a
                     decision-making authority to refer the proposal to the
5                    Authority.
              (5d)   A requirement under subsection (5c) is to be in writing
                     and is to specify the period within which it has to be
                     complied with.
              (5e)   In the case of a proposal under an assessed scheme, the
10                   Authority can only require the referral of the proposal
                     under subsection (5c) if it did not, when it assessed the
                     assessed scheme under Division 3, have sufficient
                     scientific or technical information to enable it to assess
                     the environmental issues raised by the proposal.
15            (5f)   A requirement under subsection (5c) has effect despite
                     section 48I(2).
              (5g)   In subsections (5)(b) and (5c)(b), a reference to a
                     proposal of a prescribed class includes a reference to a
                     proposal of a prescribed class under an assessed
20                   scheme.
              (5h)   A proponent or decision-making authority that has to
                     refer a proposal to the Authority under a requirement
                     under subsection (5c) is to do so within the period
                     specified in the requirement.
25            (5i)   A referral under this section is to be in writing.
              (5j)   Subject to section 46B(2), a proposal cannot be
                     referred to the Authority under this section more than
                     once unless assessment of it has been terminated under
                     section 40A.
30                                                                                ".



     page 6
                                Environmental Protection Amendment Bill 2002
                       Assessment and implementation of proposals     Part 2

                                                                               s. 6



     (2)        After section 38(6) the following subsection is inserted --
           "
               (6a)   If the person nominated under subsection (6) ceases to
                      have responsibility for a proposal, that person is to give
5                     the Authority written notice advising the name of the
                      person to whom or which responsibility for the
                      proposal will pass or has passed.
                                                                                   ".
     (3)        Section 38(7) is amended by deleting ", unless the proposal
10              concerned is no longer referred or required to be referred, or no
                longer ought to be referred, under this section,".
     (4)        After section 38(7) the following subsection is inserted --
           "
               (7a)   Subsections (6a) and (7) apply even if a report on the
15                    proposal has been published under section 44(3) but do
                      not apply if the assessment of the proposal has been
                      terminated under section 40A.
                                                                                   ".
     (5)        After section 38(8) the following subsection is inserted --
20         "
                (9)   For the purposes of subsections (6a) and (7) and
                      section 3(2b), a person that has been notified under
                      section 39A(3)(a) that the Authority is going to assess a
                      proposal is to be regarded as having been nominated
25                    under subsection (6) as being responsible for the
                      proposal whether or not such a nomination has been
                      made.
                                                                                   ".




                                                                             page 7
     Environmental Protection Amendment Bill 2002
     Part 2         Assessment and implementation of proposals

     s. 7



     7.       Section 38A inserted
              After section 38 the following section is inserted --
     "

            38A.    Request for further information
5             (1)   If the Authority considers that it does not have enough
                    information about a proposal referred to it under
                    section 38 to enable it to decide --
                       (a) whether or not to assess the proposal;
                       (b) whether or not to agree to a request made under
10                           section 39B(1); or
                       (c) on the level of assessment if the proposal is
                             going to be assessed,
                    it may, by written notice, request any person to provide
                    it with additional information about the proposal.
15            (2)   The 28 day period set by section 39A(3) is not to be
                    regarded as having begun in relation to a proposal until
                    each notice issued under subsection (1) in relation to
                    the proposal has been complied with or, in the case of a
                    notice sent to a person other than the person who
20                  referred the proposal, the period specified in the notice
                    for complying with that notice has expired.
                                                                                ".

     8.       Sections 39A and 39B inserted
              After section 39 the following sections are inserted --
25   "
            39A.    Authority must decide whether to assess proposals
                    referred
              (1)   When a proposal is referred to the Authority under
                    section 38, the Authority is to decide whether or not to
30                  assess the proposal.

     page 8
                     Environmental Protection Amendment Bill 2002
            Assessment and implementation of proposals     Part 2

                                                                       s. 8



     (2)   The Authority's decision under subsection (1) is to be
           based on information --
             (a) submitted in or with the referral or under
                  section 38A; or
5            (b) derived from the Authority's own
                  investigations and inquiries.
     (3)   Within 28 days after the referral of the proposal the
           Authority is to give written notice of whether or not it
           is going to assess the proposal to --
10            (a) the proponent;
             (b) if the proposal was not referred by the
                   proponent, the person that referred it; and
              (c) any relevant decision-making authority.
     (4)   If, for any reason, a relevant decision-making authority
15         is not given notice as required by subsection (3)(c) that
           a proposal is going to be assessed, the Authority may
           give written notice to the decision-making authority
           under this subsection.
     (5)   Notice under subsection (4) may be given by the
20         Authority of its own motion or at the request of the
           decision-making authority, and may be given at any
           time before a report on the proposal is given to the
           Minister under section 44.
     (6)   If the Authority decides to assess a proposal, it is to
25         begin the assessment as soon as practicable after the
           notices are given under subsection (3).
     (7)   If the Authority decides not to assess a proposal, it may
           nevertheless give advice and make recommendations
           on the environmental aspects of the proposal to the
30         proponent or any other relevant person or authority.
     (8)   This section does not apply if the proposal is declared
           under section 39B to be a derived proposal.

                                                                     page 9
     Environmental Protection Amendment Bill 2002
     Part 2         Assessment and implementation of proposals

     s. 8



            39B.     Derived proposals
               (1)   If a proposal (the "referred proposal") is referred to
                     the Authority under section 38 the proponent may
                     request the Authority in writing to declare the referred
5                    proposal to be a derived proposal.
               (2)   If the proposal is referred by the proponent, a request
                     under subsection (1) may be made in the referral.
               (3)   If a request under subsection (1) is made, the Authority
                     is to declare the referred proposal to be a derived
10                   proposal if it considers that --
                        (a) the referred proposal was identified in a
                             strategic proposal that has been assessed under
                             this Part (the "strategic proposal"); and
                       (b) after a report on the strategic proposal was
15                           published under section 44(3), it was agreed or
                             decided under section 45 that the referred
                             proposal could be implemented, or could be
                             implemented subject to conditions and
                             procedures agreed or decided under that
20                           section.
               (4)   Despite subsection (3), the Authority may refuse to
                     declare the referred proposal to be a derived proposal if
                     it considers that --
                        (a) environmental issues raised by the proposal
25                           were not adequately assessed when the strategic
                             proposal was assessed;
                        (b) there is significant new or additional
                             information that justifies the reassessment of
                             the issues raised by the proposal; or
30                      (c) there has been a significant change in the
                             relevant environmental factors since the
                             strategic proposal was assessed.


     page 10
                                    Environmental Protection Amendment Bill 2002
                           Assessment and implementation of proposals     Part 2

                                                                                      s. 9



                    (5)   If the Authority declares the referred proposal to be a
                          derived proposal, it is to --
                            (a) record the declaration in the public record kept
                                  under section 39(1); and
5                           (b) give written notice of the declaration to the
                                  Minister.
                    (6)   If the Authority declares the referred proposal to be a
                          derived proposal, it is not to assess the proposal except
                          for the purposes of conducting an inquiry under
10                        section 46(4).
                    (7)   If the Authority refuses to declare the referred proposal
                          to be a derived proposal it is to give written notice of
                          the refusal to the proponent.
                    (8)   The notice may be included in the notice given under
15                        section 39A(3)(a).
                                                                                       ".

     9.             Section 40 amended
          (1)       Section 40(1) is repealed and the following subsection is
                    inserted instead --
20              "
                    (1)   This section and section 40A apply if the Authority
                          assesses a proposal.
                                                                                       ".
          (2)       Section 40(2) is amended as follows:
25                   (a) by deleting "under subsection (1)(b)";
                     (b) by deleting the comma after paragraph (c) and inserting
                           a full stop;
                     (c) by deleting the portion of the subsection after
                           paragraph (c).




                                                                                page 11
     Environmental Protection Amendment Bill 2002
     Part 2         Assessment and implementation of proposals

     s. 9



        (3)       After section 40(2) the following subsection is inserted --
              "
                  (2a)   As well as taking one or more of the courses of action set
                         out in subsection (2)(a) to (c), the Authority may make
5                        such other investigations and inquiries as it thinks fit.
                                                                                       ".
        (4)       Section 40(6) is repealed and the following subsection is
                  inserted instead --
              "
10                (6)    When the Authority causes any information or report to
                         be made available for public review under
                         subsection (4) --
                           (a) the proponent must --
                                    (i) at the proponent's own expense and to the
15                                       satisfaction of the Authority, make copies
                                         of that information or report and advertise
                                         its availability for public review;
                                   (ii) provide copies of that information or
                                         report free of charge to such public
20                                       authorities and persons, at such places
                                         and times as the Authority determines;
                                         and
                                  (iii) provide copies of that information or
                                         report to members of the public at such
25                                       places and times, and at a price not
                                         exceeding such maximum price, as the
                                         Authority determines;
                                 and
                           (b) the Authority may require the proponent to
30                               respond to any submissions made to the
                                 Authority in respect of that information or report
                                 in such manner as the Authority thinks fit.
                                                                                       ".



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                                     Environmental Protection Amendment Bill 2002
                            Assessment and implementation of proposals     Part 2

                                                                                  s. 10



           (5)       After section 40(8) the following subsection is inserted --
                 "
                     (9)   A proponent or other person upon whom a requirement
                           is imposed under subsection (2)(a) or (b) or (6)(b) has
5                          to comply with that requirement.
                                                                                     ".
     10.             Sections 40A and 40B inserted
                     After section 40 the following sections are inserted --
     "
10           40A.          Termination of assessment
                     (1)   The Authority may terminate the assessment of a
                           proposal if --
                             (a) the proponent agrees with the termination;
                             (b) the proponent has failed to comply with --
15                                   (i) a requirement made under
                                         section 40(2)(a) or (b);
                                    (ii) section 40(6)(a); or
                                   (iii) a requirement made under
                                         section 40(6)(b),
20                                within such period as the Authority considers to
                                  be reasonable in the circumstances; or
                             (c) a decision-making authority has refused to
                                  approve the proposal.
                     (2)   Subsection (1)(c) does not authorise the termination of
25                         the assessment if the refusal by the decision-making
                           authority --
                             (a) is being appealed against or reviewed under an
                                   enactment; or
                             (b) is capable of being appealed against or
30                                 reviewed under an enactment.


                                                                              page 13
     Environmental Protection Amendment Bill 2002
     Part 2         Assessment and implementation of proposals

     s. 11



             40B.      Assessment of a strategic proposal: application of
                       sections 41, 41A, 44 and 45
                 (1)   Sections 41, 41A and 45(7) do not apply in relation to a
                       strategic proposal.
5                (2)   Section 44 and section 45 (other than subsection (7))
                       apply in relation to a strategic proposal as if references
                       in them to implementation were references to the
                       implementation of a future proposal identified in the
                       strategic proposal in the event of that future proposal
10                     being declared under section 39B to be a derived
                       proposal.
                 (3)   This section does not affect the application of
                       sections 41, 41A, 44 and 45 in relation to a strategic
                       proposal to the extent to which the strategic proposal is
15                     itself a significant proposal.
                                                                                    ".
     11.         Section 41 amended
           (1)   Section 41(1) is repealed.
           (2)   Section 41(2)(a) is amended by deleting "or has been notified
20               under subsection (1) that a proposal has been referred to the
                 Authority under that section".
           (3)   Section 41(2)(c) is amended by deleting "40(1)(a) that the
                 Authority considers that the proposal should not be assessed by
                 the Authority under this Part" and inserting instead --
25                      "
                              39A(3)(b) that the Authority is not going to
                              assess the proposal
                                                                                ".




     page 14
                                     Environmental Protection Amendment Bill 2002
                            Assessment and implementation of proposals     Part 2

                                                                                      s. 12



           (4)       After section 41(2) the following subsection is inserted --
                 "
                     (3)   Without limiting subsection (2), a decision-making
                           authority that has been given notice under
5                          section 39A(3)(c) or (4) that a proposal is going to be
                           or is being assessed is not to make any decision that
                           could have the effect of causing or allowing the
                           proposal to be implemented without having had an
                           authority under section 45(7) served on it.
10                                                                                      ".

     12.             Section 41A inserted
                     After section 41 the following section is inserted --
     "

             41A.          Implementation to await authorisation
15                   (1)   If a decision of the Authority that a proposal is to be
                           assessed has been set out in the public record under
                           section 39, a person who does anything to implement
                           the proposal before a statement is published under
                           section 45(5)(b) or a notification is given under
20                         section 45(8) commits an offence.
                     (2)   Subsection (1) applies even if the assessment of the
                           proposal has been terminated under section 40A and
                           applies as if the references to section 45(5)(b) and (8)
                           were references to the application of those provisions
25                         to any revised or further proposal referred to the
                           Authority under section 38 in place of the terminated
                           proposal.
                     (3)   Subsection (1) does not apply to minor or preliminary
                           work done with the Authority's consent.
30                                                                                      ".



                                                                                page 15
     Environmental Protection Amendment Bill 2002
     Part 2         Assessment and implementation of proposals

     s. 13



     13.             Section 43 amended
           (1)       Section 43(2) is amended by deleting "40(1)(b)," and inserting
                     instead --
                     "     39, 39A(3), 40   ".
5          (2)       After section 43(2) the following subsections are inserted --
                 "
                     (3)     A direction cannot be given under subsection (1) if a
                             statement has been served under section 45(5) or a
                             notification has been given under section 45(8).
10                   (4)     The Minister is to cause copies of the reasons for
                             giving a direction under subsection (1) to be --
                               (a) given to the Authority; and
                               (b) published as soon as practicable after the
                                     direction is given.
15                                                                                     ".

     14.             Section 43A inserted
                     After section 43 the following section is inserted --
     "
             43A.            Changes to proposals before report
20                           While a proposal is being assessed, the Authority may
                             consent to the proponent changing the proposal without
                             a revised proposal being referred to the Authority
                             under this Part if the Authority considers that the
                             change is unlikely to significantly increase any impact
25                           that the proposal may have on the environment.
                                                                                       ".




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     15.              Section 44 amended
           (1)        Section 44(1) and (2) are repealed and the following subsections
                      are inserted instead --
                 "
5                     (1)   If the Authority assesses a proposal, it is to prepare a
                            report on the outcome of its assessment of the proposal
                            and give that report (the "assessment report") to the
                            Minister.
                      (2)   The assessment report must set out --
10                           (a) what the Authority considers to be the key
                                   environmental factors identified in the course
                                   of the assessment; and
                             (b) the Authority's recommendations as to whether
                                   or not the proposal may be implemented and, if
15                                 it recommends that implementation be allowed,
                                   as to the conditions and procedures, if any, to
                                   which implementation should be subject.
                     (2a)   The Authority may, if it thinks fit, include other
                            information, advice and recommendations in the
20                          assessment report.
                     (2b)   Subject to subsection (2d), the assessment report may
                            be given to the Minister at any time but, so far as is
                            practicable, it must be given not later than 6 weeks
                            after the Authority completes its assessment or
25                          reassessment of the proposal.
                     (2c)   The Minister may, after consulting the Authority, direct
                            the Authority to prepare the assessment report and give
                            it to the Minister --
                               (a) within a specified period after the day on
30                                   which --
                                       (i) the proposal was referred to the
                                            Authority under section 38; or

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                                       (ii)  a direction was given to the Authority
                                             under section 43(1),
                                     as the case requires; or
                               (b)   before a specified date.
5                    (2d)     If a direction is given under subsection (2c) the
                              Authority must give the assessment report to the
                              Minister within the specified period or before the
                              specified date.
                                                                                        ".
10         (2)        Section 44(3) is amended as follows:
                        (a)    by deleting "a report given to him under subsection (1)"
                               and inserting instead --
                               " the assessment report ";
                       (b)     in paragraph (b)(ii) by deleting "notified under
15                             section 41(1) that that proposal had been referred to the
                               Authority" and inserting instead --
                                      "
                                             given notice under section 39A(3)(c) or
                                             (4) in relation to the proposal
20                                                                                      ".
     16.              Section 45 amended
           (1)        Section 45(5) is repealed and the following subsection is
                      inserted instead --
                 "
25                    (5)     If the implementation agreement or decision is that the
                              proposal may be implemented, or may be implemented
                              subject to implementation conditions, the Minister is
                              to --
                                (a) cause copies of a statement setting out the
30                                     implementation agreement or decision to be
                                       served on --
                                         (i) the Authority;

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                                    (ii)   each decision-making authority that was
                                           consulted under subsection (1);
                                   (iii)   the proponent of the proposal; and
                                   (iv)    the person who referred the proposal (if
5                                          it was not referred by a person referred
                                           to in subparagraph (ii) or (iii));
                                   and
                          (b)      cause the statement to be published as soon as
                                   is practicable after it is served under
10                                 paragraph (a).
                                                                                      ".
           (2)   Section 45(6)(a) is amended by deleting "100(2)" and inserting
                 instead --
                 "     100(1)(d)     ".
15         (3)   Section 45(8) is amended by deleting "an agreement is reached
                 or a decision is made under this section that a" and inserting
                 instead --
                 " the implementation agreement or decision is that the         ".

     17.         Sections 45A, 45B and 45C inserted
20               After section 45 the following sections are inserted --
     "
             45A.        Implementation of derived proposal
                 (1)     In this section --
                         "section 39B declaration" means a declaration under
25                            section 39B that a proposal is a derived proposal.
                 (2)     Subject to subsection (3), when a section 39B
                         declaration is final, the implementation agreement or
                         decision previously made in relation to the derived
                         proposal takes effect and the Minister is to cause


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                     written notice of the taking effect of the agreement or
                     decision to be served on --
                       (a) the Authority;
                       (b) each decision-making authority that was
5                            notified of the agreement or decision under
                             section 45(5)(a)(ii);
                       (c) the proponent of the derived proposal; and
                       (d) the person who referred the derived proposal (if
                             it was not referred by a person referred to in
10                           paragraph (b) or (c)).
               (3)   If the implementation agreement or decision previously
                     made in relation to the derived proposal included
                     implementation conditions relating generally to 2 or
                     more future proposals, the Minister may, in the notice
15                   under subsection (2), specify which of those
                     implementation conditions apply to the derived
                     proposal and, subject to sections 46 to 46C, the
                     conditions and procedures so specified are the
                     implementation conditions relating to the derived
20                   proposal.
               (4)   For the purposes of subsection (2), a section 39B
                     declaration is final when --
                       (a) an appeal under section 100(1)(f) against the
                             decision to make the declaration can no longer
25                           be lodged; and
                       (b) no appeal was so lodged or any appeal so
                             lodged was dismissed.

             45B.    Implementation conditions apply to revised
                     proposals
30                   If a proposal is revised after implementation conditions
                     have been agreed or decided, each of those



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                                                                                 s. 18



                       implementation conditions continues to apply in
                       relation to the revised proposal subject to --
                         (a) it being changed under section 46; or
                         (b) revised conditions or procedures being agreed
5                              or decided under section 45 in relation to the
                               revised proposal after the revised proposal has
                               been referred to the Authority and assessed.

           45C.        Changes to proposals after assessment
                 (1)   After a statement has been issued under section 45(5)
10                     in relation to a proposal, the Minister may approve of
                       the proponent changing the proposal without a revised
                       proposal being referred to the Authority under this Part.
                 (2)   The Minister must not give approval under
                       subsection (1) if the Minister considers the change or
15                     changes to the proposal might have a significant
                       detrimental effect on the environment in addition to, or
                       different from, the effect of the original proposal.
                                                                                   ".

     18.         Section 46 replaced by sections 46 to 46C
20               Section 46 is repealed and the following sections are inserted
                 instead --
     "
           46.         Amendment of implementation conditions by
                       inquiry
25               (1)   If the Minister considers that the implementation
                       conditions relating to a proposal, or any of them,
                       should be changed (whether because of changes to the
                       proposal authorised under section 45C or for any other
                       reason), the Minister may request the Authority to
30                     inquire into and report on the matter within such period
                       as is specified in the request.


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               (2)   The Authority is to record any request made under
                     subsection (1) in the public record kept under
                     section 39.
               (3)   The Authority is to carry out an inquiry in accordance
5                    with a request made under subsection (1).
               (4)   Without limiting subsection (1), if a proposal is
                     declared under section 39B to be a derived proposal,
                     the Authority may inquire into whether or not the
                     implementation conditions relating to the proposal, or
10                   any of them, should be changed.
               (5)   For the purposes of an inquiry under subsection (3) or
                     (4) the Authority has all the powers conferred on it by
                     Division 1 in relation to a proposal.
               (6)   On completing an inquiry under subsection (3) or (4),
15                   the Authority is to prepare and give to the Minister a
                     report that includes --
                       (a) a recommendation on whether or not the
                             implementation conditions to which the inquiry
                             relates, or any of them, should be changed; and
20                     (b) any other recommendations that it thinks
                             appropriate.
               (7)   As soon as the Minister is reasonably able to do so
                     after receiving copies of a report under subsection (6),
                     the Minister is to simultaneously cause that report to be
25                   published, and copies of that report to be given, as if
                     that report were a report referred to in section 44(3).
               (8)   After causing a report to be published under
                     subsection (7), the Minister is to deal with the question
                     of whether or not the implementation conditions to
30                   which the report relates, or any of them, should be
                     changed as if that question were the question of to what
                     conditions and procedures, if any, the implementation


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                                                                    s. 18



             of a proposal should be subjected, and section 45
             applies to the first-mentioned question accordingly.
       (9)   A statement under section 45(5) as applied by
             subsection (8) may change any of the implementation
5            conditions to which the report under subsection (6)
             relates.
      (10)   A reference in this Division to a statement under
             section 45(5) includes a reference to a statement under
             section 45(5) as applied by subsection (8).
10   46A.    Interim conditions and procedures
       (1)   Having made a request under section 46(1) the
             Minister may, subject to subsection (3) and with the
             consent of the proponent, issue interim conditions and
             procedures to have effect instead of the implementation
15           conditions until a statement is published under
             section 45(5) as applied by section 46(8).
       (2)   The Minister is to cause notice of interim conditions
             and procedures issued under subsection (1) --
               (a) to be given in writing to --
20                     (i) the Authority;
                      (ii) each decision-making authority that was
                            notified of the original implementation
                            agreement or decision under
                            section 45(5)(a)(ii); and
25                   (iii) the proponent of the proposal;
                    and
               (b) to be published.
       (3)   The Minister is not to issue interim conditions and
             procedures under subsection (1) if the Minister
30           considers that implementation of the proposal under
             those interim conditions and procedures might have a
             significant detrimental effect on the environment in

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     s. 18



                     addition to, or different from, the effect the proposal
                     might have if implemented under the implementation
                     conditions.

             46B.    Amendment of implementation conditions by
5                    assessment
               (1)   Section 46 does not prevent any of the implementation
                     conditions relating to a proposal from being inquired
                     into or reported on by the Authority when it is
                     assessing a revised or further proposal.
10             (2)   Despite anything in section 46, if the Minister and any
                     decision-making authority that was consulted under
                     this Act in relation to the implementation conditions
                     agree that a proposed change to the implementation
                     conditions is a major change, that decision-making
15                   authority is to refer the proposed change to the
                     Authority under section 38(5) as a new proposal.

             46C.    Minor changes to implementation conditions
               (1)   The Minister may change the implementation
                     conditions without making a request under
20                   section 46(1) if the Minister considers that the change
                     is of a minor nature and is necessary or desirable in
                     order to --
                        (a) standardise the implementation conditions
                             applying to different proposals;
25                     (b) correct in the implementation conditions --
                                (i) a clerical mistake or unintentional error
                                     or omission;
                               (ii) a figure that has been miscalculated; or
                              (iii) a misdescription of any person, thing or
30                                   property;
                             or


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                                                                                s. 19



                         (c)   make an administrative change to the format of
                               the implementation conditions that does not
                               alter the obligations of the proponent.
                 (2)   The Minister is to cause notice of changes made under
5                      subsection (1) --
                         (a) to be given in writing to --
                                  (i) the Authority;
                                 (ii) each decision-making authority that was
                                      consulted under this Act in relation to
10                                    the implementation conditions; and
                                (iii) the proponent of the proposal;
                               and
                         (b) to be published.
                                                                                   ".
15   19.         Section 47 replaced
                 Section 47 is repealed and the following section is inserted
                 instead --
     "

           47.         Duties of proponents after service of statement
20                     or notification
                 (1)   If a statement has been served under section 45(5) and
                       the proponent does not ensure that any implementation
                       of the proposal to which the statement relates is carried
                       out in accordance with the implementation conditions,
25                     the proponent commits an offence.
                 (2)   If a statement has been served under section 45(5)(a),
                       the proponent is to give the CEO such reports and
                       information about --
                         (a) the implementation of the proposal to which the
30                              statement relates; and


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     s. 20



                             (b)   compliance with the implementation
                                   conditions,
                            as are required by written notice given to the proponent
                            by the CEO.
5                     (3)   If, without reasonable excuse, the proponent refuses or
                            fails to comply with a requirement made under
                            subsection (2), the proponent commits an offence.
                      (4)   If a notification has been given under section 45(8) and
                            the proponent does anything to implement the proposal
10                          to which the notification relates, the proponent
                            commits an offence.
                                                                                        ".

     20.              Section 48 amended
           (1)        Section 48(1) and (2) are repealed and the following subsections
15                    are inserted instead --
                 "
                      (1)   The CEO may monitor the implementation of a
                            proposal, or cause it to be monitored, for the purpose of
                            determining whether the implementation conditions
20                          relating to the proposal are being complied with.
                     (1a)   If the CEO finds that any of the implementation
                            conditions is not being complied with, the CEO --
                              (a) may exercise any power in respect of the
                                    non-compliance that is exercisable by the CEO
25                                  under a written law; and
                              (b) in any event, is to report the non-compliance to
                                    the Minister.
                      (2)   If implementation conditions relating to a proposal
                            subject the implementation of the proposal to
30                          requirements made by a decision-making authority, the
                            decision-making authority may monitor that

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                                                                                 s. 21



                          implementation, or cause it to be monitored, for the
                          purpose of determining whether the implementation
                          conditions of that kind are being complied with.
                 (2a)     If the decision-making authority finds that any of the
5                         implementation conditions of that kind is not being
                          complied with, the decision-making authority --
                            (a) may exercise any power in respect of the
                                  non-compliance that is exercisable by it under a
                                  written law or otherwise; and
10                          (b) in any event, is to report the non-compliance to
                                  the Minister.
                                                                                     ".
           (2)    Section 48(3) is amended as follows:
                   (a)     by deleting paragraph (a);
15                 (b)     in paragraph (b) by deleting "(2)(d)" and inserting
                           instead --
                           " (1a)(b) or (2a)(b) ";
                    (c)    in paragraph (c) by deleting "subsection (2)" and
                           inserting instead --
20                         " this section ".

     21.          Section 48F amended
                  Section 48F(3) is amended as follows:
                    (a)    in paragraph (a) by deleting "(2)(b)" and inserting
                           instead --
25                         " (3a)(d) ";
                   (b)     in paragraph (b) by deleting "(2)(b)" and inserting
                           instead --
                           " (2)(e) ".




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     s. 22



     22.              Section 89 amended
                      Section 89(1)(f)(ii) is amended by deleting "section 45 or 48F "
                      and inserting instead --
                      "     Part IV ".

5    23.              Section 100 amended
           (1)        Section 100(1), (2) and (3) are repealed and the following
                      subsections are inserted instead --
                 "
                      (1)    Any decision-making authority, responsible authority,
10                           proponent or other person that disagrees with --
                               (a) a recorded decision of the Authority that a
                                    proposal is not to be assessed;
                               (b) the recorded level of assessment of a proposal;
                               (c) the content of any instructions set out in a
15                                  public record under section 48B(1);
                               (d) the content of, or any recommendation in, the
                                    report prepared under section 44 in respect of a
                                    proposal;
                               (e) the content of, or any recommendation in, the
20                                  report prepared under section 48D in respect of
                                    a scheme; or
                                (f) a recorded declaration under section 39B,
                             may lodge with the Minister an appeal in writing
                             setting out the grounds of the appeal.
25                   (1a)    In subsection (1) --
                             "recorded" means set out in a public record under
                                  section 39(1).
                      (2)    Any proponent that disagrees with a decision of the
                             Authority to refuse a request made under


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                                                                             s. 23



                    section 39B(1) in relation to a proposal may lodge with
                    the Minister an appeal in writing setting out the
                    grounds of the appeal.
            (3)     Any proponent that disagrees with any conditions or
5                   procedures agreed under section 45(1) (or under
                    section 45(1) as applied by section 46(8)) may lodge
                    with the Minister an appeal in writing setting out the
                    grounds of that appeal.
           (3a)     An appeal may be lodged --
10                   (a) under subsection (1)(a), (b), (c) or (f), within
                          14 days of the making available of the public
                          record;
                     (b) under subsection (1)(d), within 14 days of the
                          publication of the report under section 44(3)(a);
15                   (c) under subsection (1)(e), within 14 days of the
                          publication of the report under
                          section 48D(3)(a);
                     (d) under subsection (2), within 14 days after the
                          person is notified of the refusal; or
20                   (e) under subsection (3), within 14 days after the
                          publication of the statement under section 45(5)
                          (or under section 45(5) as applied by
                          section 46(8)) of the statement setting out the
                          agreement.
25                                                                             ".
     (2)    Section 100(4)(a) is amended by deleting "section 48(4)(a) or
            (b)" and inserting instead --
            "     section 48(4)(b)   ".




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     24.         Section 101 amended
           (1)   Section 101(1) is amended by deleting "Subject to
                 subsections (2a), (2b), (2c), (2d) and (2e), when an appeal is
                 lodged under section 100" and inserting instead --
5                "
                         When an appeal is lodged under section 100(1), (2) or
                         (4)
                                                                                    ".
           (2)   Section 101(1)(b), (c) and (d) are deleted and the following
10               paragraphs are inserted instead --
                     "
                          (b)   in the case of an appeal referred to in
                                section 100(1)(a) or (b), remit the proposal to
                                the Authority for the making of a decision, or
15                              fresh decision, as to whether or not the proposal
                                is to be assessed, or as to the level of
                                assessment, or both;
                          (c)   in the case of an appeal referred to in
                                section 100(1)(a), (b) or (f), remit the proposal
20                              to the Authority for assessment, further
                                assessment or reassessment, as the case
                                requires, and for that purpose make a direction
                                under section 43;
                          (d)   in the case of an appeal referred to in
25                              section 100(1)(d) --
                                   (i) remit the proposal to the Authority for
                                        assessment, further assessment or
                                        reassessment, as the case requires, and
                                        for that purpose make a direction under
30                                      section 43; or
                                  (ii) vary the Authority's recommendations
                                        by changing the implementation
                                        conditions;


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                                                                                        s. 24



                         (da)        in the case of an appeal referred to in
                                     section 100(1)(c), deal with that appeal under
                                     subsections (2a) to (2c);
                         (db)        in the case of an appeal referred to in
5                                    section 100(1)(e), deal with that appeal under
                                     subsections (2d) and (2e);
                         (dc)        in the case of an appeal referred to in
                                     section 100(1)(f) or (2), remit the proposal to
                                     the Authority for the making of a fresh decision
10                                   as to the request made under section 39B(1);
                                                                                          ".
     (3)        After section 101(1) the following subsection is inserted --
           "
               (1a)     When an appeal is lodged under section 100(3),
15                      sections 106, 109 and 110 apply to and in relation to
                        the appeal as if the appeal were an appeal from a
                        decision of the Minister.
                                                                                          ".
     (4)        Section 101(2) is amended by inserting after "(1)(b)" --
20              "     , (c), (d) or (dc)     ".
     (5)        Section 101(2d) is amended by deleting "(2)(b)" and inserting
                instead --
                "     (1)(e)    ".
     (6)        Section 101(3)(a) is amended by deleting "100(1) does not
25              affect the relevant decision referred to in section 100(1)(a)" and
                inserting instead --
                          "
                                     100(1)(a), (b) or (c) or (2) does not affect the
                                     relevant decision
30                                                                                        ".



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           (7)       Section 101(3)(b) is amended by deleting "(2)" and inserting
                     instead --
                     "       (1)(d) or (e)    ".
           (8)       Section 101(3)(c) is amended by inserting after
5                    "implementation" --
                     "       , or continued implementation,       ".
           (9)       Section 101(3)(d) is deleted.

     25.             Schedule 1 amended
           (1)       Schedule 1 Part 1 Divisions 1 and 2 are each amended in item 2
10                   column 2 by inserting after "(1)" --
                     "       or (4)   ".
           (2)       Schedule 1 Part 2 Division 1 is amended by redesignating
                     item 1 as item "1B" and inserting before that item the following
                     item --
15               "
                         1                 41A(1)       $62 500        $12 500
                                                                                           ".
           (3)       Schedule 1 Part 2 Division 2 is amended by redesignating
                     item 1 as item "1B" and inserting before that item the following
                     item --
20               "
                         1                 41A(1)       $125 000       $25 000
                                                                                           ".
     26.             Schedule 2 amended
                     After Schedule 2 item 35 the following item is inserted --
           "
25               35A.          Requiring things to be done or information to be provided
                               under this Act in a prescribed manner or prescribed form.
                                                                                           ".

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                                    Environmental Protection Amendment Bill 2002
                                           Environmental regulation       Part 3
                     Amendments to Environmental Protection Act 1986 Division 1
                                                                            s. 27



                       Part 3 -- Environmental regulation
            Division 1 -- Amendments to Environmental Protection
                                Act 1986
     27.         Long title amended
5                The long title is amended by deleting "environmental pollution"
                 and inserting instead --
                 "    pollution and environmental harm         ".
     28.         Section 3 amended
           (1)   Section 3(1) is amended by deleting the definition of "pollution"
10               and inserting the following definition instead --
                 "    "pollution" has the meaning given by section 3A;       ".
           (2)   Section 3(1) is amended by inserting in the appropriate
                 alphabetical positions the following definitions --
                 "
15                     "ecosystem health condition" means a condition of
                           the ecosystem which is --
                           (a) relevant to the maintenance of ecological
                                  structure, ecological function or ecological
                                  process and which requires protection from the
20                                effects of emissions or of activities referred to
                                  in paragraph (a) or (b) of the definition of
                                  "environmental harm" in section 3A(2); or
                           (b) identified and declared under section 35(2)
                                  to be an ecosystem health condition to be
25                                protected under an approved policy;
                       "emission" means --
                           (a) discharge of waste;
                           (b) emission of noise, odour or electromagnetic
                                  radiation; or
30                         (c) transmission of electromagnetic radiation;

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     Environmental Protection Amendment Bill 2002
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     Division 1     Amendments to Environmental Protection Act 1986
     s. 28



                     "environmental harm" has the meaning given by
                         section 3A;
                     "environmental protection notice" has the meaning
                         given by section 65;
5                    "environmental value" means --
                         (a) a beneficial use; or
                         (b) an ecosystem health condition;
                     "material environmental harm" has the meaning
                         given by section 3A;
10                   "native vegetation" means indigenous aquatic or
                         terrestrial vegetation, and includes dead vegetation
                         unless that dead vegetation is of a class declared
                         by regulation to be excluded from this definition
                         but does not include vegetation in a plantation;
15                   "plantation" means one or more groups of trees,
                         shrubs or plants intentionally sown, planted or
                         propagated with a view to commercial
                         exploitation;
                     "prevention notice" has the meaning given by
20                       section 73A(1);
                     "serious environmental harm" has the meaning given
                         by section 3A;
                                                                                ".
        (3)    Section 3(1) is amended by deleting the definition of "pollution
25             abatement notice".
        (4)    Section 3(1) is amended in the definition of "beneficial use" by
               deleting "discharges of wastes or of emissions of noise, odour or
               electromagnetic radiation" and inserting instead --
               "
30                   emissions or of activities referred to in paragraph (a) or
                     (b) of the definition of "environmental harm" in
                     section 3A(2)
                                                                                ".

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                                    Environmental Protection Amendment Bill 2002
                                           Environmental regulation       Part 3
                     Amendments to Environmental Protection Act 1986 Division 1
                                                                            s. 29



           (5)   Section 3(1) is amended in the definition of "industrial plant" by
                 deleting "discharging waste or emitting noise, odour or
                 electromagnetic radiation" and inserting instead --
                 "     an emission   ".
5          (6)   Section 3(1) is amended in the definition of "trade" by deleting
                 "the discharge of waste or the emission of noise, odour or
                 electromagnetic radiation" and inserting instead --
                 "     an emission   ".

     29.         Section 3A inserted
10               After section 3 the following section is inserted --
     "
             3A.         Pollution and environmental harm
                 (1)     In this Act --
                         "pollution" means direct or indirect alteration of the
15                            environment --
                              (a) to its detriment or degradation;
                              (b) to the detriment of an environmental value;
                                     or
                              (c) of a prescribed kind,
20                            that involves an emission.
                 (2)     In this Act --
                         "environmental harm" means direct or indirect --
                              (a) harm to the environment involving removal
                                    or destruction of, or damage to --
25                                 (i) native vegetation; or
                                  (ii) the habitat of native vegetation or
                                         indigenous aquatic or terrestrial
                                         animals;


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                         (b)   alteration of the environment to its detriment
                               or degradation or potential detriment or
                               degradation;
                         (c) alteration of the environment to the
5                              detriment or potential detriment of an
                               environmental value; or
                         (d) alteration of the environment of a prescribed
                               kind;
                     "material environmental harm" means
10                       environmental harm that --
                         (a) is neither trivial nor negligible; or
                         (b) results in actual or potential loss, property
                               damage or damage costs of an amount, or
                               amounts in aggregate, exceeding the
15                             threshold amount;
                     "serious environmental harm" means environmental
                         harm that --
                         (a) is irreversible, of a high impact or on a wide
                               scale;
20                       (b) is significant or in an area of high
                               conservation value or special significance; or
                         (c) results in actual or potential loss, property
                               damage or damage costs of an amount, or
                               amounts in aggregate, exceeding 5 times the
25                             threshold amount.
               (3)   For the purposes of subsection (2) --
                     "damage costs" means the reasonable costs and
                          expenses that are or would be incurred in taking all
                          reasonable and practicable measures to prevent,
30                        control or abate the environmental harm and to
                          make good resulting environmental damage;




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                         "threshold amount" means $20 000, or if a greater
                             amount is prescribed by regulation, that amount.
                                                                                  ".

     30.         Section 15 amended
5                Section 15(b) is amended by inserting after "pollution" --
                 "    and environmental harm     ".

     31.         Section 16 amended
           (1)   Section 16(b), (c) and (d) are amended by inserting after
                 "pollution" in each place where it occurs --
10               "    and environmental harm     ".
           (2)   Section 16(n) is amended by deleting "or pollution" and
                 inserting instead --
                 "    , pollution and environmental harm ".

     32.         Section 26 amended
15               Section 26(b) and (d)(ii) are amended by inserting after
                 "pollution" in each place where it occurs --
                 " or environmental harm ".

     33.         Section 35 amended
           (1)   Section 35(1) is amended as follows:
20                (a) in paragraph (a)(ii) by inserting after "pollution of " --
                        " , and environmental harm to, ";
                  (b) in paragraph (b) by deleting "the discharge of waste, the
                        emission of noise, odour or electromagnetic radiation"
                        and inserting instead --
25                      " an emission ".




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           (2)   Section 35(2) is amended as follows:
                  (a) in paragraph (c) by deleting "beneficial uses" and
                        inserting instead --
                        " environmental values ";
5                 (b) in paragraph (f)(iv) by inserting after "pollution" --
                        " or environmental harm ";
                  (c) in paragraph (f)(vi) by deleting "beneficial uses" and
                        inserting instead --
                        " environmental values ".

10   34.         Section 48 amended
                 Section 48(4)(b) and (d) are each amended by inserting after
                 "pollution" in both places where it occurs --
                 " or environmental harm ".

     35.         Heading to Part V replaced
15               The heading to Part V is repealed and the following headings
                 are inserted instead --
     "
                      Part V -- Environmental regulation
                     Division 1 -- Pollution and environmental
20                                harm offences
                                                                                ".

     36.         Section 49 amended
                 Section 49(1) is amended in the definition of "unreasonable
                 emission" by inserting after "emission" --
25               " or transmission    ".




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     37.     Sections 50A, 50B, 50C and 50D inserted
             After section 50 the following sections are inserted --
     "

           50A.       Causing serious environmental harm
5            (1)      A person who, intentionally or with criminal
                      negligence --
                        (a) causes serious environmental harm; or
                        (b) allows serious environmental harm to be
                             caused,
10                    commits an offence.
             (2)      A person who --
                       (a) causes serious environmental harm; or
                       (b) allows serious environmental harm to be
                             caused,
15                    commits an offence.
             (3)      A person charged with committing an offence against
                      subsection (1) may be convicted of an offence against
                      subsection (2) which is established by the evidence.

           50B.       Causing material environmental harm
20           (1)      A person who intentionally or with criminal
                      negligence --
                        (a) causes material environmental harm; or
                        (b) allows material environmental harm to be
                             caused,
25                    commits an offence.
             (2)      A person who --
                       (a) causes material environmental harm; or


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                      (b)   allows material environmental harm to be
                            caused,
                     commits an offence.
               (3)   A person charged with committing an offence against
5                    subsection (1) may be convicted of an offence against
                     subsection (2) which is established by the evidence.

          50C.       Court may find defendant guilty of alternative
                     offences if charged with causing serious
                     environmental harm
10                   A person charged with committing an offence against
                     section 50A may be convicted of an offence against
                     section 50B(1) or (2) or 51C which is established by
                     the evidence.

          50D.       Regulations may require authorisation for conduct
15                   that might cause pollution or environmental harm
               (1)   In this section --
                     "authorisation" means a licence, permit, approval or
                          exemption granted, issued or given under the
                          regulations;
20                   "conduct affecting the environment" means --
                          (a) causing or allowing anything to be
                                discharged, emitted or transmitted;
                          (b) causing or allowing the nature or volume of
                                anything discharged, emitted or transmitted
25                              to be changed;
                          (c) conduct, or an operation or activity, that is a
                                potential cause of pollution or environmental
                                harm; or
                          (d) causing or allowing conduct, or an operation
30                              or activity, that is a potential cause of
                                pollution or environmental harm.

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           (2)   If the regulations require an authorisation to be held for
                 conduct affecting the environment, a person who
                 contravenes the regulations by --
                   (a) engaging in that conduct without there being an
5                         authorisation in force in relation to it; or
                   (b) engaging in that conduct in contravention of a
                          condition to which an authorisation is subject,
                 commits an offence.
           (3)   Subsection (2) does not apply if a penalty for that
10               contravention of the regulations is provided in the
                 regulations.
                                                                              ".

     38.   Section 51 amended
           Section 51 is amended as follows:
15           (a) in paragraph (a) by deleting "the discharge of waste or
                  the emission of noise, odour or electromagnetic
                  radiation" and inserting instead --
                  " an emission ";
            (b) in paragraph (b) by deleting "the discharge of waste and
20                the emission of noise, odour or electromagnetic
                  radiation" and inserting instead --
                  " emissions ".

     39.   Part V Division 3 heading inserted
           Before section 52 the following Division heading is inserted --
25   "
                 Division 3 -- Prescribed premises, works
                          approvals and licences
                                                                              ".




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     40.         Section 53 amended
           (1)   Section 53(1) is amended as follows:
                     (a)    by deleting "or increase the discharge of waste or the
                            emission of noise, odour or electromagnetic radiation, or
5                           alter the nature of the waste discharged or noise, odour
                            or electromagnetic radiation emitted" and inserting
                            instead --
                 "
                           an emission, or alter the nature or volume of the waste,
10                         noise, odour or electromagnetic radiation emitted
                                                                                       ";
                     (b)    in paragraph (b)(ii) by inserting after ", the emission"
                            the following --
                            " or transmission ";
15                   (c)    in paragraph (f)(iii) by deleting "a pollution abatement
                            notice" and inserting instead --
                            " an environmental protection notice ".
           (2)   Section 53(2) is amended as follows:
                  (a) in paragraph (a) by deleting ", alter or increase the
20                      discharge of waste or the emission of noise, odour or
                        electromagnetic radiation" and inserting instead --
                            "
                                  an emission, or alter the nature or volume of the
                                  waste, noise, odour or electromagnetic radiation
25                                emitted,
                                                                                       ";
                     (b)    in paragraph (c)(iii) by deleting "a pollution abatement
                            notice" and inserting instead --
                            " an environmental protection notice ".




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     41.     Section 56 amended
             Section 56 is amended as follows:
                  (a)    in paragraph (a) by deleting "the discharge of waste or
                         the emission of noise, odour or electromagnetic
5                        radiation" and inserting instead --
                         " an emission ";
                  (b)    in paragraph (b) by deleting "the waste discharged or
                         noise, odour or electromagnetic radiation emitted" and
                         inserting instead --
10                       "
                               the waste, noise, odour or electromagnetic
                               radiation emitted
                                                                                   ".

     42.     Section 60 amended
15           Section 60(2) is amended by deleting "discharge of waste or
             emission of noise, odour or electromagnetic radiation" and
             inserting instead --
             "     emission     ".

     43.     Section 63A inserted
20           After section 63 the following section is inserted --
     "
           63A.         Particulars of works approvals and licences to be
                        recorded
             (1)        The CEO is to keep a record of such particulars of --
25                       (a) works approvals and licences;
                         (b) applications for works approvals and licences;
                         (c) applications for renewal of works approvals
                              and licences; and


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                              (d)   transfers of works approvals and licences,
                            as are prescribed.
                     (2)    The CEO is to publish from time to time in a
                            prescribed manner prescribed particulars of the record.
5                                                                                      ".

     44.             Part V Division 4 heading and section 64A inserted
                     After section 64 the following Division heading and section are
                     inserted --
     "

10                         Division 4 -- Notices, orders and directions
             64A.           Record of notices
                     (1)    The CEO is to keep a record of such particulars of
                            notices given under this Division as are prescribed.
                     (2)    The CEO is to publish from time to time in a
15                          prescribed manner prescribed particulars of the record.
                                                                                       ".

     45.             Section 65 amended and transitional
           (1)       Section 65(1) and (2) are repealed and the following subsections
                     are inserted instead --
20               "
                     (1)    If the CEO suspects on reasonable grounds that --
                              (a) there is, or is likely to be, an emission from any
                                    premises, and the emission --
                                      (i) does not comply with or would not if it
25                                         were emitted comply with a standard
                                           required by or under an approved policy
                                           or a prescribed standard; or


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                     (ii)  has caused or is likely to cause
                           pollution;
             (b)   a person is doing, or is likely to do, an act in
                   contravention of section 50A or 50B on any
5                  premises; or
             (c)   an activity on premises does not comply with a
                   standard required by or under an approved
                   policy or a prescribed standard,
            the CEO may cause to be given to the owner or the
10          occupier, or both the owner and the occupier, of the
            premises a notice ("an environmental protection
            notice") in respect of the premises.
     (1a)   An environmental protection notice may require a
            person bound by it to do any one or more of the
15          following --
              (a) investigate the extent and nature of --
                      (i) the emission and its consequences;
                     (ii) the pollution and its consequences; or
                    (iii) the environmental harm and its
20                        consequences;
              (b) prepare and implement a plan for the
                   prevention, control or abatement of --
                      (i) the emission;
                     (ii) the pollution; or
25                  (iii) the environmental harm;
              (c) take such measures as the CEO considers
                   necessary to --
                      (i) prevent, control or abate the emission;
                     (ii) prevent, control or abate the pollution;




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                              (iii)   prevent, control or abate the
                                      environmental harm; or
                               (iv) comply with the standard;
                       (d)    ensure that the amount of waste, noise, odour or
5                             electromagnetic radiation emitted from the
                              premises, or the concentration of that waste,
                              noise, odour or electromagnetic radiation when
                              measured at a point specified in the
                              environmental protection notice, does not
10                            exceed the limit specified in the notice;
                       (e)    monitor the effectiveness of actions taken under
                              paragraph (a), (b), (c) or (d);
                        (f)   report to the CEO on any action taken under
                              paragraph (a), (b), (c), (d) or (e) and its
15                            outcome.
               (1b)   An environmental protection notice may require a
                      person bound by it to do the matters referred to in
                      subsection (1a) in accordance with an approval,
                      direction or requirement of a type specified in the
20                    notice by a person specified in the notice.
                (2)   An environmental protection notice --
                       (a) is to specify --
                                (i) the name and address of the person on
                                    whom it is served;
25                             (ii) the reason for which it is served;
                              (iii) a description of the relevant premises
                                    and the location of the premises
                                    sufficient to identify both;
                              (iv) the period within which the
30                                  investigation is to be completed, the
                                    plan is to be prepared and the measures
                                    are to be taken; and


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                           (v)   the frequency of information to be
                                 reported to the CEO;
                          and
                  (b)     is to describe --
5                            (i) the form of the investigation to be
                                  undertaken;
                            (ii) the form of the plan to be prepared and
                                  implemented;
                           (iii) the measures to be taken;
10                         (iv) the form of the monitoring to be
                                  undertaken; and
                            (v) the content and form of information to
                                  be reported to the CEO.
                                                                           ".
15   (2)   Section 65(3) is amended as follows:
            (a)   by deleting "A pollution abatement notice" and inserting
                  instead --
                  " An environmental protection notice ";
            (b)   in paragraph (a) by deleting "on whom it is served" and
20                inserting instead --
                  " to whom it is given ".
     (3)   Section 65(5) is amended by deleting "the pollution abatement
           notice" and inserting instead --
           " the notice     ".
25   (4)   A pollution abatement notice served before the coming into
           operation of this section is taken to be an environmental
           protection notice within the meaning of the Environmental
           Protection Act 1986 as amended by this Act.




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     46.         Various references to "pollution abatement notice"
                 amended
           (1)   In each place listed in the Table to this section "the pollution
                 abatement notice" is deleted and the following is inserted
5                instead --
                 " the environmental protection notice           ".
                                             Table
                 s. 65(3)(b)                       s. 67 (3 times)
                 s. 65(4) (3 times)                s. 68
                 s. 65(4a)(b)                      s. 69(1)(c)
                 s. 65(8)                          s. 69(2)(a)
                 s. 66(2)
           (2)   In each place listed in the Table to this section "a pollution
                 abatement notice" is deleted and the following is inserted
10               instead --
                 "    an environmental protection notice         ".
                                             Table
                     s. 65(4)                      s. 66(2)
                     s. 65(4a)(a)                  s. 66(3)
                     s. 65(5)                      s. 67
                     s. 66(1) (in the second and   s. 68
                     third places where it         s. 69(1)(a)
                     occurs)                       s. 72(1)(b)

     47.         Section 66 amended
           (1)   Section 66(1) is amended as follows:
15                   (a)   by deleting "a pollution abatement notice is served" and
                           inserting instead --
                           " an environmental protection notice is given ";



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                     (b)    by deleting "the pollution abatement notice" and
                            inserting instead --
                            " the notice ".
           (2)   Section 66(2) is amended by deleting "that pollution abatement
5                notice" and inserting instead --
                 " that notice       ".
           (3)   Section 66(4) is amended by deleting "pollution abatement
                 notice" and inserting instead --
                 "    environmental protection notice     ".

10   48.         Section 69 amended
                 Section 69(1)(a) is amended by deleting "the pollution
                 abatement notice" and inserting instead --
                 " the notice       ".

     49.         Section 71 amended
15               Section 71(1)(a) is amended by inserting after "pollution" --
                            "
                                  , material environmental harm or serious
                                  environmental harm
                                                                                    ".

20   50.         Section 72 amended
                 Section 72(1) is amended as follows:
                   (a) by inserting after "cause pollution" --
                 "
                           , material environmental harm or serious environmental
25                         harm
                                                                                    ";




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                          (b)    by deleting "notify the Chief Executive Officer" and
                                 inserting instead --
                      "
                                give the CEO oral or electronic notification followed
5                               by written notification
                                                                                              ".

     51.              Section 73 amended and transitional
           (1)        Section 73(1) is repealed and the following subsections are
                      inserted instead --
10               "
                      (1)       If an inspector or authorised person reasonably
                                suspects that --
                                  (a) any waste has been or is being discharged from
                                         any premises otherwise than in accordance with
15                                       a works approval, licence or requirement
                                         contained in a closure notice or an
                                         environmental protection notice;
                                  (b) a condition of pollution is likely to arise or has
                                         arisen; or
20                                (c) a person has done, is doing, or is likely to do,
                                         an act in contravention of section 50A or 50B,
                                the inspector or authorised person may, with the
                                approval of the CEO, take the action referred to in
                                subsection (1a).
25                   (1a)       The inspector or authorised person may, with such
                                assistance as the inspector or authorised person
                                considers appropriate --
                                  (a) remove, disperse, destroy, dispose of or
                                        otherwise deal with the waste which has been
30                                      or is being discharged;
                                  (b) prevent the condition of pollution from arising
                                        or control or abate that condition if it arises; or

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                           (c)   prevent the act referred to in subsection (1)(c)
                                 or control or abate the environmental harm if it
                                 arises,
                         as the case requires.
5                                                                                   ".
     (2)       Section 73(2) is repealed.
     (3)       Section 73(3) is amended as follows:
                (a) by deleting "subsection (1)(b) or the Chief Executive
                      Officer has reimbursed any cost under subsection (2)"
10                    and inserting instead --
                      " subsection (1) ";
                (b) by deleting paragraph (b) and inserting the following
                      paragraph instead --
                     "
15                        (b)    caused or allowed to be caused --
                                    (i) the discharge referred to in
                                        paragraph (a);
                                   (ii) the likelihood of the relevant condition
                                        referred to in subsection (1)(b) arising
20                                      or the arising of that condition; or
                                  (iii) the likelihood of the relevant act
                                        referred to in subsection (1)(c)
                                        occurring or the occurrence of that act,
                                                                                    ".
25   (4)       Section 73(4) is repealed and the following subsections are
               inserted instead --
           "
               (4)       If --
                           (a)   any waste has been or is being discharged from
30                               any premises otherwise than in accordance with
                                 a works approval, licence or requirement


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                              contained in a closure notice or an
                              environmental protection notice;
                       (b)    a condition of pollution is likely to arise or has
                              arisen; or
5                       (c)   a person has done, is doing, or is likely to do,
                              an act in contravention of section 50A or 50B,
                      the CEO may cause --
                        (d) the waste to be removed, dispersed, destroyed,
                             disposed of or otherwise dealt with;
10                      (e) the condition of pollution to be prevented from
                             arising or, if that condition arises, that condition
                             to be controlled or abated; or
                         (f) the act to be prevented from occurring or, if the
                             environmental harm arises, that environmental
15                           harm to be controlled or abated.
               (4a)   The CEO may recover the cost of the removal,
                      dispersal, destruction, disposal or other dealing, or of
                      the prevention, control or abatement, as the case
                      requires, referred to in subsection (4) from the person
20                    who --
                        (a) was the occupier of the premises at the time of
                              the discharge referred to in subsection (4)(a); or
                        (b) caused or allowed to be caused --
                                 (i) that discharge;
25                              (ii) the likelihood of the relevant condition
                                      referred to in subsection (4)(b) arising
                                      or the arising of that condition; or
                               (iii) the likelihood of the relevant act
                                      referred to in subsection (4)(c)
30                                    occurring or the occurrence of that act,
                      by action in a court of competent jurisdiction as a debt
                      due to the Crown.

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                 (4b)   Any cost recovered under subsection (4a) is to be paid
                        into the Consolidated Fund.
                                                                                   ".
           (5)    Section 73(5), (6) and (7) are repealed.
5          (6)    A direction given under section 73 before the coming into
                  operation of this section is taken to be a prevention notice
                  within the meaning of the Environmental Protection Act 1986 as
                  amended by this Act.

     52.          Sections 73A and 73B inserted
10                After section 73 the following sections are inserted --
     "
             73A.       Prevention notices
                  (1)   If an inspector or authorised person reasonably
                        suspects that --
15                        (a) any waste has been or is being discharged from
                                 any premises otherwise than in accordance with
                                 a works approval, licence or requirement
                                 contained in a closure notice or an
                                 environmental protection notice;
20                        (b) a condition of pollution is likely to arise or has
                                 arisen; or
                          (c) a person has done, is doing, or is likely to do,
                                 an act in contravention of section 50A or 50B,
                        the inspector or authorised person may, with the
25                      approval of the CEO, give a notice ("a prevention
                        notice") to such person as the inspector or authorised
                        person considers appropriate.




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               (2)   A prevention notice may require the person to whom
                     the notice is given --
                       (a) to remove, disperse, destroy, dispose of or
                             otherwise deal with the waste which has been
5                            or is being discharged;
                       (b) to prevent the condition of pollution from
                             arising or control or abate that condition if it
                             arises; or
                       (c) to prevent the act referred to in
10                           subsection (1)(c) or control or abate the
                             environmental harm if it arises,
                     as the case requires and is to describe the action the
                     inspector or authorised person considers appropriate to
                     achieve that result.
15             (3)   When a person has complied with any requirements
                     contained in a prevention notice given to the person
                     under subsection (1), the CEO is to, if the person was
                     not --
                       (a) the occupier of the premises from which the
20                          relevant waste was discharged at the time of
                            that discharge; or
                       (b) the person who caused or allowed to be
                            caused --
                               (i) the discharge referred to in paragraph (a);
25                            (ii) the likelihood of the relevant condition
                                    referred to in subsection (1)(b) arising
                                    or the arising of that condition; or
                             (iii) the likelihood of the relevant act
                                    referred to in subsection (1)(c)
30                                  occurring or the occurrence of that act,
                     as the case requires, reimburse the person any cost
                     incurred by the person in complying with those
                     requirements.

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     (4)   When the CEO has reimbursed any cost under
           subsection (3), the CEO may recover that cost from the
           person who --
             (a) was the occupier of the premises from which
5                 the relevant waste was discharged at the time of
                  that discharge; or
             (b) caused or allowed to be caused --
                     (i) the discharge referred to in
                           paragraph (a);
10                  (ii) the likelihood of the relevant condition
                           referred to in subsection (1)(b) arising
                           or the arising of that condition; or
                   (iii) the likelihood of the relevant act
                           referred to in subsection (1)(c)
15                         occurring or the occurrence of that act,
           as the case requires, by action in a court of competent
           jurisdiction as a debt due to the Crown.
     (5)   Any cost recovered under subsection (4) is to be paid
           into the Consolidated Fund.
20   (6)   A person who intentionally or with criminal negligence
           does not comply with a requirement contained in a
           prevention notice given to that person, without
           reasonable excuse for that contravention, commits an
           offence.
25   (7)   A person who does not comply with a requirement
           contained in a prevention notice given to that person,
           without reasonable excuse for that contravention,
           commits an offence.
     (8)   A person charged with committing an offence against
30         subsection (6) may be convicted of an offence against
           subsection (7) which is established by the evidence.



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             73B.          Damages for breach of notice
                 (1)       In this section --
                           "notice" means --
                               (a) an environmental protection notice;
5                              (b) a vegetation conservation notice; or
                               (c) a prevention notice.
                 (2)       If --
                             (a)   a person bound by a notice fails to comply with
                                   it;
10                          (b)    damage is caused to property not owned or
                                   occupied by the person; and
                             (c)   that damage would not have been caused if the
                                   notice had been complied with,
                           then, by reason of the person's failure to comply, the
15                         owner or occupier of the damaged property has a right
                           of action in tort against the person in respect of the
                           damage.
                                                                                         ".

     53.         Part V Division 5 heading inserted
20               Before section 74 the following Division heading is inserted --
                 "     Division 5 -- Miscellaneous ".
     54.         Section 74 amended
           (1)   Section 74(1) is amended as follows:
                  (a) by deleting "the discharge of waste or the emission of
25                      noise, odour or electromagnetic radiation" and inserting
                        instead --
                       "    an emission or an act causing environmental harm        ";



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                    (b)    in paragraphs (a) and (b) by deleting "discharge or
                           emission" in each place where it occurs and inserting
                           instead --
                           " emission or act ".
5          (2)   Section 74(3) is repealed.

     55.         Sections 74A and 74B inserted
                 After section 74 the following sections are inserted --
     "
             74A.         Defences to proceedings for pollution or
10                        environmental harm: authority of this Act
                          It is a defence to proceedings under this Part for
                          causing pollution, in respect of an emission, or for
                          causing serious environmental harm or material
                          environmental harm, if the person charged with that
15                        offence proves that the pollution, emission or
                          environmental harm occurred --
                             (a) in the implementation of a proposal in
                                   accordance with an implementation agreement
                                   or decision;
20                           (b) in accordance with --
                                      (i) a prescribed standard;
                                     (ii) a clearing permit;
                                    (iii) a works approval;
                                    (iv) a licence;
25                                   (v) a requirement contained in a closure
                                           notice, an environmental protection
                                           notice, a vegetation conservation notice
                                           or a prevention notice;
                                    (vi) an approved policy;
30                                 (vii) a declaration under section 6;


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                            (viii)   an exemption under section 75; or
                             (ix)    a licence, permit, approval or exemption
                                     granted, issued or given under the
                                     regulations;
5                           or
                      (c)   in the exercise of any power conferred under
                            this Act.

          74B.       Other defences to environmental harm offences
               (1)   It is a defence to proceedings under this Part for
10                   causing serious environmental harm or material
                     environmental harm if the person charged with that
                     offence proves that the environmental harm was, or
                     resulted from, an authorised act which did not
                     contravene any other written law.
15             (2)   For the purposes of subsection (1) an act was
                     authorised if it was --
                       (a) done in accordance with an authorisation,
                             approval, requirement or exemption given in
                             the exercise of a power under another written
20                           law;
                       (b) done in the exercise by a public authority, or a
                             member, officer or employee of a public
                             authority, of a function conferred under another
                             written law;
25                     (c) done as an agricultural practice within the
                             meaning of the Agricultural Practices
                             (Disputes) Act 1995 in respect of which an
                             order has been made under section 12 of that
                             Act and --
30                             (i) in accordance with the order as to the
                                      carrying out or management of that
                                      agricultural practice; or


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                                                                         s. 56



                                (ii)   in the carrying out or management of a
                                       normal farm practice, as specified in the
                                       order;
                        (d)    done --
5                                 (i) as an agricultural practice within the
                                       meaning of the Agricultural Practices
                                       (Disputes) Act 1995; or
                                 (ii) in the management or harvesting of a
                                       plantation,
10                             and in compliance with a code of practice relating
                               to an act of that kind issued under section 122A
                               or made or approved under any other written law;
                        (e)    without limiting section 74A and paragraphs (a)
                               to (d) of this subsection, clearing of a kind set
15                             out in Schedule 6; or
                         (f)   an act of a kind prescribed for the purposes of
                               section 51C that was not done in an
                               environmentally sensitive area within the
                               meaning of section 51A.
20                                                                                  ".
     56.         Section 75 amended
                 Section 75(1) is amended by deleting "waste is being or is about
                 to be discharged, or noise, odour or electromagnetic radiation is
                 being or is about to be emitted," and inserting instead --
25               " there is, or is about to be, an emission ".
     57.         Section 89 amended
           (1)   Section 89(1) is amended as follows:
                  (a) by deleting paragraphs (b), (c) and (ca) and the "or"
                        following paragraph (c) and inserting the following
30                      paragraphs instead --
                      "
                        (b) at any time, premises at or from which the
                              inspector has reasonable grounds to believe that

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     s. 57



                                an offence against this Act has been, is being or
                                is likely to be committed; or
                          (c)   at any reasonable time, any other premises,
                                                                                    ";
5                  (b)    in paragraph (f)(ii) by inserting before "works" --
                          " clearing permit, ";
                   (c)    in paragraph (f)(ii) by deleting "a pollution abatement
                          notice, direction given under section 73(1)(a)" and
                          inserting instead --
10                                "
                                        a closure notice, environmental
                                        protection notice, vegetation
                                        conservation notice, prevention notice
                                                                                    ".
15      (2)       Section 89(2) is repealed and the following subsection is
                  inserted instead --
              "
                  (2)    Despite subsection (1), an inspector is not entitled to
                         enter a private dwelling-house or on land used in
20                       connection with a private dwelling-house unless the
                         inspector --
                           (a) reasonably believes that waste is being, or has
                                 recently been, discharged from that house or
                                 land into the environment;
25                         (b) finds that unreasonable noise is being, or
                                 believes that unreasonable noise has recently
                                 been, emitted from the house or land into the
                                 environment; or
                           (c) reasonably believes that the house or land has
30                               been adversely affected by an emission.
                                                                                    ".




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     58.   Section 90 amended
           Section 90(1) is amended as follows:
            (a)       by deleting paragraph (a) and inserting the following
                      paragraph instead --
5                 "
                      (a)   the occupier of any premises from which there
                            has been, is, or is likely to be, an emission to
                            produce to the inspector --
                               (i) any books or other sources of
10                                 information relating to that emission or
                                   to any manufacturing, industrial or trade
                                   processes carried on at those premises;
                                   or
                              (ii) any data from any monitoring
15                                 equipment or monitoring programme in
                                   respect of that emission;
                                                                                ";
            (b)       by deleting paragraph (b)(i) and the "or" following and
                      inserting the following subparagraph instead --
20                    " (i)      any emission; or ".

     59.   Section 92 amended
           Section 92(1)(a) is deleted and the following paragraph is
           inserted instead --
                  "
25                    (a)   on or from which there has been, is, or is likely
                            to be, an emission;
                                                                                ".

     60.   Section 92B amended
           Section 92B(1) is amended by inserting after "pollution" --
30         " or environmental harm ".


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     61.       Section 95 amended
               Section 95(1)(b) is amended by deleting "discharged or ".

     62.       Section 96 amended
               Section 96(1)(b) is amended as follows:
5                (a) by deleting "the discharge of waste or the emission of
                      noise, odour or electromagnetic radiation" and inserting
                      instead --
                      " any emission ";
                (b) in subparagraphs (i) and (ii) by deleting "discharge or "
10                    in both places where it occurs.

     63.       Section 103 amended
               Section 103(1) is repealed and the following subsection is
               inserted instead --
           "
15             (1)   Subject to section 105, a person who is aggrieved by --
                       (a)   a requirement contained in a closure notice,
                             environmental protection notice, vegetation
                             conservation notice or prevention notice given
                             to that person; or
20                    (b)    an amendment contained in a notice given to
                             that person under section 65(4) or under
                             section 65(4) as applied by section 68A(10) or
                             70(8),
                     may within 21 days of being given that notice lodge
25                   with the Minister an appeal in writing setting out the
                     grounds of that appeal.
                                                                              ".




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     64.     Section 111 amended
             Section 111 is amended by inserting after "pollution" --
             " or environmental harm ".

     65.     Section 122A inserted
5            After section 122 the following section is inserted --
     "
           122A.   Codes of practice
             (1)   The CEO, on the recommendation of the Authority,
                   may issue codes of practice in relation to activities that
10                 involve an emission or environmental harm.
             (2)   The CEO must not issue a code of practice unless the
                   code of practice was developed by the CEO after
                   consultation with and, by written notice, seeking
                   submissions from --
15                   (a) the Authority;
                     (b) such State authorities as the CEO considers
                          appropriate;
                     (c) such industry groups as the CEO considers
                          appropriate; and
20                   (d) such environmental and other groups as the
                          CEO considers appropriate.
             (3)   The CEO may seek submissions from the public on a
                   proposed code of practice.
             (4)   A code of practice issued under this section is
25                 subsidiary legislation within the meaning of the
                   Interpretation Act 1984.
                                                                                ".




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     66.             Schedule 1 amended
           (1)       After Schedule 1 Part 1 Division 1 item 8 the following items
                     are inserted --
                 "
                         8A            50A(1)   $500 000 or       $100 000
                                                5 years
                                                imprisonment
                                                or both
                         8B            50A(2)   $250 000 or       $50 000
                                                3 years
                                                imprisonment
                                                or both
                         8C            50B(1)   $250 000 or       $50 000
                                                3 years
                                                imprisonment
                                                or both
5                                                                                    ".
           (2)       Schedule 1 Part 1 Division 1 item 12 is amended by deleting
                     "73(5)" and inserting instead --
                     "   73A(6)   ".
           (3)       After Schedule 1 Part 1 Division 2 item 8 the following items
10                   are inserted --
                 "
                         8A            50A(1)   $1 000 000      $200 000
                         8B            50A(2)   $500 000        $100 000
                         8C            50B(1)   $500 000        $100 000
                                                                                     ".
           (4)       Schedule 1 Part 1 Division 2 item 12 is amended by deleting
                     "73(5)" and inserting instead --
15                   "   73A(6)   ".




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           (5)       Before Schedule 1 Part 2 Division 1 item 2 the following items
                     are inserted --
                 "
                         1C              50B(2)   $125 000       $25 000
                         1D              50D      $50 000        $10 000
                                                                                   ".
5          (6)       Schedule 1 Part 2 Division 1 item 10 is amended by deleting
                     "75(2)" and inserting instead --
                     "    73A(7)    ".
           (7)       Schedule 1 Part 2 Division 1 item 11 is amended by deleting
                     "73(6)" and inserting instead --
10                   "    75(2)    ".
           (8)       Before Schedule 1 Part 2 Division 2 item 2 the following items
                     are inserted --
                 "
                         1C              50B(2)   $250 000        $50 000
                         1D              50D      $100 000        $20 000
                                                                                   ".
15         (9)       Schedule 1 Part 2 Division 2 item 10 is amended by deleting
                     "73(6)" and inserting instead --
                     "    73A(7)    ".

     67.             Schedule 2 amended
           (1)       Schedule 2 item 4 is amended by deleting "the discharge of
20                   waste or emission of noise, odour or electromagnetic radiation"
                     and inserting instead --
                     "    an emission      ".




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     Division 2     Consequential amendments to other Acts
     s. 68



           (2)   Schedule 2 item 7 is amended by deleting "the discharge of
                 waste or the emission of noise, odour or electromagnetic
                 radiation" and inserting instead --
                 "   an emission   ".
5          (3)   Schedule 2 item 10 is amended by deleting "the discharge of
                 any waste or the emission of any noise, odour or
                 electromagnetic radiation" and inserting instead --
                 "   an emission   ".
           (4)   Schedule 2 items 14, 15, 30 and 31 are each amended by
10               inserting after "emission" --
                 "   or transmission    ".
           (5)   Schedule 2 items 16, 19, 20 (twice) and 28 are each amended by
                 inserting after "pollution" --
                 "   or environmental harm   ".

15           Division 2 -- Consequential amendments to other Acts
     68.         Consequential amendments
           (1)   Section 53(5)(b) of the Armadale Redevelopment Act 2001* is
                 amended by inserting after "pollution" --
                 " or environmental harm ".
20               [* Act No. 25 of 2001.]
           (2)   Section 47A(5)(b) of the East Perth Redevelopment Act 1991*
                 is amended by inserting after "pollution" --
                 " or environmental harm ".
                 [* Reprinted as at 27 August 1999.]




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     (3)   Section 32(5)(b) of the Hope Valley-Wattleup Redevelopment
           Act 2000* is amended by inserting after "pollution" --
           " or environmental harm ".
           [* Act No. 77 of 2000.]
5    (4)   Section 33(2)(c) of the Litter Act 1979* is amended by deleting
           "the pollution of the environment within the meaning of the
           Environmental Protection Act 1971" and inserting instead --
                  "
                        pollution or environmental harm within the
10                      meaning of the Environmental Protection
                        Act 1986
                                                                          ".
           [* Reprinted as at 4 January 1999.
              For subsequent amendments see 2001 Index to Legislation of
15            Western Australia, Table 1, p. 212.]
     (5)   Section 43B(5)(b) of the Metropolitan Region Town Planning
           Scheme Act 1959* is amended by inserting after "pollution" --
           " or environmental harm ".
           [* Reprinted as at 7 September 2001.
20            For subsequent amendments see 2001 Index to Legislation
              of Western Australia, Table 1, p. 236 and Act No. 25 of 2001.]
     (6)   Section 55(5)(b) of the Midland Redevelopment Act 1999* is
           amended by inserting after "pollution" --
           " or environmental harm ".
25         [* Act No. 38 of 1999.]
     (7)   Section 54A(5)(b) of the Subiaco Redevelopment Act 1994* is
           amended by inserting after "pollution" --
           " or environmental harm ".
           [* Reprinted as at 25 February 2000.]

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        (8)    Section 7(1)(c) of the Swan River Trust Act 1988* is amended
               by inserting after "pollution" --
               "   and environmental harm   ".
               [* Reprinted as at 1 December 2000.]
5       (9)    Section 10A(4)(b) of the Town Planning and Development
               Act 1928* is amended by inserting after "pollution" --
               "   or environmental harm ".
               [* Reprinted as at 3 November 2000.
                  For subsequent amendments see 2001 Index to Legislation of
10                Western Australia, Table 1, p. 382 and Act No. 25 of 2001.]
      (10)     Section 37L(5)(b) of the Western Australian Planning
               Commission Act 1985* is amended by inserting after
               "pollution" --
               " or environmental harm ".
15             [* Reprinted as at 16 March 2001.
                  For subsequent amendments see Act No. 7 of 2002.]




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                                                                                    s. 69



                    Part 4 -- Licensing and works approvals
     69.            Section 3 amended
           (1)      Section 3(1) is amended as follows:
                     (a) by inserting in the appropriate alphabetical position the
5                          following definition --
                    "
                              "closure notice" has the meaning given by
                                  section 68A;
                                                                                      ";
10                      (b)    in the definitions of "licence" and "works approval" by
                               inserting after "Part V" --
                               " Division 3 ".
           (2)      After section 3(2) the following subsection is inserted --
                 "
15                (2aa)       A reference in this Act to the discharge, emission or
                              transmission of anything (whether accompanied by the
                              expression "into the environment" or not) --
                                (a) is a reference to discharge, emission or
                                      transmission onto or into land, water, the
20                                    atmosphere or living things; and
                                (b) in relation to discharge, emission or
                                      transmission from premises, includes a
                                      reference to discharge, emission or
                                      transmission onto or into land, water, the
25                                    atmosphere or living things on, in, under, above
                                      or part of the premises.
                                                                                         ".

     70.            Section 52 amended
                    Section 52 is amended by inserting after "become" --
30                  "     , or to become capable of being,    ".

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     s. 71



     71.              Section 53 amended
           (1)        Section 53(1)(f)(iii) is amended by inserting after "in" --
                      "     a closure notice or   ".
           (2)        Section 53(2)(c)(iii) is amended by inserting after "in" --
5                     "     a closure notice or   ".

     72.              Section 54 amended
           (1)        Section 54(1)(b) is amended by inserting after "prescribed" --
                      "     by or determined under the regulations   ".
           (2)        After section 54(2) the following subsection is inserted --
10               "
                     (2a)     As well as seeking comments under subsection (2)(b)
                              the CEO is to advertise the application in the
                              prescribed manner, inviting any person who wishes to
                              comment on it to do so within such period as is
15                            specified in the advertisement.
                                                                                       ".
           (3)        Section 54(3) is amended by deleting "subsection (4)" and
                      inserting instead --
                      "     subsections (4) and (5)    ".
20         (4)        Section 54(3) is amended by inserting after "(2)(b)" --
                      " or (2a)      ".
           (5)        After section 54(3) the following subsection is inserted --
                 "
                     (3a)     The CEO is to give the applicant written notice of the
25                            refusal to grant a works approval.
                                                                                       ".



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                                                                                     s. 73



           (6)       Section 54(4)(b) is deleted and the following paragraph is
                     inserted instead --
                         "
                                 (b)   contrary to, or otherwise than in accordance
5                                      with, an implementation agreement or decision.
                                                                                          ".
           (7)       After section 54(4) the following subsection is inserted --
                 "
                     (5)       If a decision-making authority makes a decision that
10                             has the effect of preventing the implementation of a
                               proposal to which an application for a works approval
                               made under subsection (1) is related, the CEO does not
                               have to perform any duty imposed under subsection (3)
                               while that decision has effect.
15                                                                                        ".
     73.             Section 55 amended
                     Section 55(1) is amended by inserting after "the works
                     approval" --
                     "       , or a suspension of the works approval,   ".

20   74.             Section 56 amended
           (1)       Section 56 is amended by inserting before "Subject" the
                     subsection designation "(1)".
           (2)       At the end of section 56 the following subsection is inserted --
                 "
25                   (2)       Subsection (1) does not apply if the emission is caused,
                               increased or altered --
                                 (a) as a result of anything done in accordance with
                                       a works approval; and
                                 (b) while the works approval is in force.
30                                                                                        ".

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     s. 75



     75.              Section 57 amended
           (1)        Section 57(1)(b) is amended by inserting after "prescribed" --
                      "     by or determined under the regulations   ".
           (2)        Section 57(2)(a)(ii)(A) is amended by inserting after
5                     "subject" --
                                               "
                                                    (to the extent to which that
                                                    completion and those conditions
                                                    are relevant to that application)
10                                                                                      ".
           (3)        After section 57(2) the following subsection is inserted --
                 "
                     (2a)     As well as seeking comments under subsection (2)(b)
                              the CEO is to advertise the application in the
15                            prescribed manner, inviting any person who wishes to
                              comment on it to do so within such period as is
                              specified in the advertisement.
                                                                                        ".
           (4)        Section 57(3) is amended by inserting after "(2)(b)" --
20                    " or (2a)      ".
           (5)        After section 57(3) the following subsection is inserted --
                 "
                     (3a)     The CEO is to give the applicant written notice of the
                              refusal to grant a licence.
25                                                                                      ".
           (6)        Section 57(4)(b) is deleted and the following paragraph is
                      inserted instead --
                        "
                              (b) contrary to, or otherwise than in accordance
30                                  with, an implementation agreement or decision.
                                                                                        ".

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                                                                                    s. 76



           (7)        After section 57(4) the following subsection is inserted --
                 "
                     (4a)   If a decision-making authority makes a decision that
                            has the effect of preventing the implementation of a
5                           proposal to which an application for a licence made
                            under subsection (1) is related, the CEO does not have
                            to perform any duty imposed under subsection (3)
                            while that decision has effect.
                                                                                       ".

10   76.              Section 58 amended
                      Section 58(1) is repealed and the following subsection is
                      inserted instead --
                 "
                      (1)   A holder of a licence who contravenes a condition to
15                          which the licence is subject commits an offence.
                                                                                       ".

     77.              Section 59 replaced by sections 59, 59A and 59B
                      Section 59 is repealed and the following sections are inserted
                      instead --
20   "
             59.            Amendment of works approval or licence
                      (1)   The CEO may amend a works approval or licence
                            by --
                              (a) removing or varying any condition to which the
25                                works approval or licence is subject;
                             (b) subjecting the works approval or licence to a
                                  new condition;
                              (c) redescribing the boundaries or area of the
                                  premises to which the works approval or
30                                licence applies;


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     s. 77



                      (d)    redescribing the purpose for which the premises
                             to which the works approval or licence applies
                             are used;
                      (e)    correcting in the works approval or licence --
5                               (i) a clerical mistake or unintentional error
                                     or omission;
                               (ii) a figure which has been miscalculated;
                                     or
                              (iii) the misdescription of any person, thing
10                                   or property;
                       (f)   making an administrative change to the format
                             of the works approval or licence which does not
                             alter the obligations of the occupier of the
                             premises to which the works approval or
15                           licence relates;
                      (g)    adding a discharge point or emission point;
                      (h)    deleting any discharge point or emission point
                             which is no longer in use;
                       (i)   amending the works approval or licence in
20                           conformity with an approved policy or
                             prescribed standard or with an exemption
                             conferred under this Act;
                       (j)   amending the works approval or licence to give
                             effect to a decision of the Minister under this
25                           Act (whether on an appeal or otherwise); or
                      (k)    extending the duration of the works approval or
                             licence.
               (2)   A works approval or licence may be amended on
                     application by the holder of the works approval or
30                   licence or on the initiative of the CEO.




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                                                                      s. 77



     59A.    Revocation or suspension of works approval or
             licence
       (1)   The CEO may revoke or suspend a works approval or
             licence.
5      (2)   The grounds for revocation or suspension of a works
             approval or licence are that --
               (a) the CEO is satisfied that there has been a
                    breach of any of the conditions --
                       (i) to which the works approval or licence
10                          is subject; or
                      (ii) to which a works approval granted to
                            the licensee was at the time of that
                            breach subject;
               (b) the premises to which the licence relates are
15                  exempted by the regulations from requiring a
                    licence;
               (c) information contained in or supporting the
                    application was false or misleading in a
                    material respect;
20             (d) the current business address of the holder of the
                    works approval or licence is unknown; or
               (e) the holder of the works approval or licence has
                    applied to the CEO to surrender the works
                    approval or licence.

25   59B.    Manner of amendment, revocation or suspension
       (1)   An application for an amendment to a works approval
             or licence or to surrender a works approval or licence
             is to --
                (a) be made in the manner and form approved by
30                   the CEO;



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                      (b)    be accompanied by the fee prescribed by or
                             determined under the regulations; and
                       (c)   be supported by any plans, specifications and
                             other documents and information required by
5                            the CEO and include a summary of that
                             supporting documentation and information.
               (2)   Before amending, revoking or suspending a works
                     approval or licence the CEO is to give the holder of the
                     works approval or licence a written notice under this
10                   section.
               (3)   The notice is to --
                      (a) state details of the proposed action;
                      (b) invite the holder to make representations to the
                            CEO to show why the action should not be
15                          taken; and
                      (c) state the period (at least 21 days after the notice
                            is given to the holder) within which
                            representations may be made.
               (4)   The representations must be made in writing.
20             (5)   Subject to subsection (7), the CEO may take the
                     proposed action --
                       (a) at any time after the holder of the works
                            approval or licence gives the CEO written
                            notice that the holder does not intend to make
25                          any representations or any further
                            representations; or
                       (b) if such notice is not given, after the end of the
                            period stated in the notice within which
                            representations may be made.
30             (6)   The CEO is to consider any representations properly
                     made by the holder of the works approval or licence.


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                (7)   If the proposed amendment, revocation or suspension
                      is related to a proposal which has been referred to the
                      Authority under section 38, the CEO is not to so
                      amend, revoke or suspend --
5                        (a) while any decision-making authority is
                               precluded by section 41 from making any
                               decision which could have the effect of causing
                               or allowing that proposal to be implemented;
                               or
10                      (b) contrary to, or otherwise than in accordance
                               with, an implementation agreement or decision.
                (8)   If a decision-making authority makes a decision that
                      has the effect of preventing the implementation of a
                      proposal to which an amendment proposed under this
15                    section is related, the CEO does not have to make a
                      decision on the amendment while the decision-making
                      authority's decision has effect.
                (9)   The CEO is to give the holder of the works approval or
                      licence written notice of any amendment, revocation or
20                    suspension of the works approval or licence.
               (10)   Without limiting subsection (9), notice of an
                      amendment can be given in the form of a revised works
                      approval or licence document.
                                                                                 ".

25   78.        Section 60 amended
                Section 60(3) is repealed and the following subsection is
                inserted instead --
           "
                (3)   Despite anything in this section --
30                     (a) if the CEO is satisfied that, as a result of
                             environmental circumstances having changed,
                             the environment or an environmental value of

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                                the area concerned requires a higher level of
                                protection than would be provided by the
                                standards required by or under any approved
                                policy or by prescribed standards, the CEO may
5                               grant or amend a works approval or licence so
                                as to make the works approval or licence
                                subject to conditions which specify standards
                                that are more stringent than those required by
                                or under the approved policy or by prescribed
10                              standards;
                          (b)   if the CEO is satisfied that, as a result of the
                                approval under section 31(d) of a new approved
                                policy or as a result of an approved policy as
                                amended being confirmed under section 37, any
15                              condition to which an existing works approval
                                or licence is subject is inconsistent with that
                                approved policy, the CEO may amend that
                                works approval or licence to make it consistent
                                with that approved policy.
20                                                                                  ".

     79.           Sections 61 and 62 replaced by sections 61, 62 and 62A
                   Sections 61 and 62 are repealed and the following sections are
                   inserted instead --
        "
25           61.         Duty of persons becoming occupiers of prescribed
                         premises
                   (1)   This section applies when a person becomes the
                         occupier (the "new occupier") of any prescribed
                         premises (the "premises").
30                 (2)   In this section, the day on which the new occupier
                         becomes the occupier of the premises is referred to as
                         the "relevant day".


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     (3)   If a works approval or licence (the "existing
           authorisation") is in force in respect of the premises
           on the relevant day, the new occupier must comply
           with the conditions to which the existing authorisation
5          is subject and must, within 30 days after the relevant
           day, apply --
              (a) under section 64 for the transfer of the existing
                   authorisation to the new occupier; or
             (b) under section 54 or 57 for a works approval or
10                 licence.
     (4)   If subsection (3) is not complied with, the new
           occupier commits an offence.
     (5)   If the new occupier complies with subsection (3) in
           respect of the premises, the new occupier is to be
15         regarded as having been the holder of the existing
           authorisation --
             (a) during the period before applying for the
                   transfer of the existing authorisation or for a
                   works approval or licence, as the case may be;
20                 and
             (b) while that application is pending.
     (6)   This subsection applies if a works approval or licence
           is not in force in respect of the premises on the relevant
           day but, within 30 days after the relevant day, the new
25         occupier applies under section 54 or 57 for a works
           approval or licence in respect of the premises.
     (7)   If subsection (6) applies, the new occupier does not
           commit any offence under section 53 or 56 in respect
           of the emission of a pollutant from the premises
30         without a works approval or licence while the
           application under section 54 or 57 is pending.




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             62.         Works approval and licence conditions
                   (1)   A works approval or licence may be granted subject to
                         such conditions as the CEO considers to be necessary
                         or convenient for the purposes of this Act relating to
5                        the prevention, control, abatement or mitigation of
                         pollution or environmental harm.
                   (2)   Section 62A sets out some kinds of conditions that may
                         be attached to a works approval or licence and further
                         kinds of conditions may be prescribed, but nothing in
10                       that section or the regulations prevents other conditions
                         from being attached.
                   (3)   Subject to section 60 a condition is not to be
                         inconsistent with an approved policy or a prescribed
                         standard.

15           62A.        Some kinds of conditions
                   (1)   The following list sets out things that the occupier of
                         premises to which a works approval or licence relates
                         can be required to do (at the expense of the occupier)
                         under conditions attached to the works approval or
20                       licence --
                            (a) design, construct or operate any facilities or
                                 plant in accordance with specified criteria;
                           (b) install or operate any equipment for preventing,
                                 controlling, abating or monitoring pollution or
25                               environmental harm in accordance with
                                 specified criteria;
                            (c) take specified measures for the purpose of
                                 minimising the likelihood of pollution or
                                 environmental harm;
30                         (d) meet specified criteria or comply with specified
                                 limits as to the characteristics, volume and
                                 effects of, emissions;


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     (e)    meet specified ambient concentration limits in
            specified premises or places;
      (f)   comply with requirements set by management
            plans or other specified programmes;
5    (g)    monitor operations;
     (h)    conduct analysis of monitoring data;
      (i)   provide information on the nature and quantity
            of wastes and on materials leading to the
            generation of those wastes;
10    (j)   dispose of waste in a specified manner;
     (k)    if practicable --
               (i) reuse waste wholly or in part; or
              (ii) make waste available for reuse by
                    another person;
15    (l)   investigate options for measures for preventing,
            controlling or abating pollution or
            environmental harm;
     (m)    conduct environmental risk assessment studies;
      (n)   provide reports on monitoring data, and
20          analysis of it, to the CEO;
     (o)    provide reports on audits and studies of
            specified kinds to the CEO;
     (p)    provide audit compliance reports to the CEO;
     (q)    prepare, implement and adhere to
25          environmental management systems, waste
            management systems, safety management
            systems, environmental management plans and
            environmental improvement plans;
      (r)   have something required to be done under a
30          condition done by --
               (i) a person of a class approved by the
                    CEO; or

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                              (ii)  a laboratory registered by the National
                                    Association of Testing Authorities;
                       (s)   do something required to be done under a
                             condition --
5                              (i) within a specified period or before a
                                    specified date; or
                              (ii) in a specified form or manner.
               (2)   An occupier of premises who, being required under a
                     condition attached to a works approval or licence to
10                   provide a report on monitoring data, or analysis of it, to
                     the CEO --
                       (a) fails to do so within the specified period or
                             before the specified date; or
                       (b) fails to do so in the specified form or manner,
15                   commits an offence.
               (3)   Without limiting subsection (1) paragraph (g), a
                     condition referred to in that paragraph can require an
                     occupier of premises to carry out a specified
                     monitoring programme for the purpose of supplying
20                   the CEO with information relating --
                       (a) to the characteristics and volume of any waste
                             held or stored on those premises; or
                       (b) to the characteristics, volume and effects of any
                             pollutant being or to be emitted,
25                   from those premises into the environment, and to the
                     characteristics of the environment.
               (4)   In this section --
                     "specified" means specified by the CEO in the works
                          approval or licence concerned.
30                                                                                ".



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     80.     Section 64 amended
             Section 64(1)(b) is amended by deleting "prescribed fee" and
             inserting instead --
             "     fee prescribed by or determined under the regulations     ".

5    81.     Section 68A inserted
             After section 68 the following section is inserted --
     "
           68A.      Closure notices
             (1)     In this section --
10                   "authorisation" means a declaration under section 6, a
                          clearing permit, a works approval, a licence, an
                          exemption under section 75 or a licence, permit,
                          approval or exemption under the regulations;
                     "relevant premises", in relation to an authorisation,
15                        means premises --
                          (a) in respect of which the authorisation was
                                issued; or
                          (b) at which conduct is being or has been
                                engaged in under the authorisation;
20                   "specified" means specified by the CEO in the closure
                          notice concerned.
             (2)     If the CEO considers on reasonable grounds that, as a
                     result of anything that has been done or has happened
                     at relevant premises before the expiry or revocation of
25                   an authorisation, ongoing investigation, monitoring or
                     management is or will be required at the premises
                     following that expiry or revocation, the CEO may
                     cause a notice (a "closure notice") to be given in
                     respect of the premises.




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               (3)   If the authorisation is still in force, the closure notice is
                     to be given to the person who holds the authorisation.
               (4)   If the authorisation is not still in force, the closure
                     notice is to be given to the person who held the
5                    authorisation or to the occupier or owner of the
                     relevant premises.
               (5)   If a person who is the owner of the relevant premises is
                     not given the closure notice under subsection (3) or (4),
                     a copy of the notice must be given to that person.

10             (6)   If a person who is the occupier of the relevant premises
                     is not given the closure notice under subsection (3) or
                     (4), a copy of the notice may be given to that person.
               (7)   A closure notice may require any person bound by it to
                     do any one or more of the following in relation to the
15                   relevant premises --
                       (a) take specified investigation and monitoring
                             action;
                       (b) prepare a management plan;
                       (c) take specified management action;
20                     (d) report on specified matters in a specified form
                             at specified times;
                       (e) arrange for an audit of the premises to be
                             carried out by a person nominated or approved
                             by the CEO and report to the CEO on the
25                           findings of the audit as to whether or not the
                             action required by the notice has been taken.
               (8)   A closure notice is to specify --
                      (a) the name and address of the person to whom it
                            is given;
30                    (b) the reason for which it is given;



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             (c)   a description of the relevant premises and the
                   location of the premises sufficient to identify
                   both;
             (d)   the things referred to in subsection (7) that are
5                  required to be done; and
             (e)   the period (if any) within which the things are
                   to be done.
      (9)   A closure notice --
             (a) while it subsists, binds each person to whom it
10                 is given; and
             (b) while it remains registered under section 66 (as
                   applied by subsection (10)), binds each
                   successive owner or occupier of the land to
                   which it relates.
15   (10)   Section 65(4) to (7) and sections 66, 67 and 68 apply in
            relation to closure notices as if references in those
            enactments to an environmental protection notice were
            references to a closure notice.
     (11)   If action required by a closure notice to be taken has
20          not been taken, the CEO may --
              (a) cause that action to be taken; and
              (b) recover the cost of the taking of that action
                    from any person bound by the notice by action
                    in a court of competent jurisdiction as a debt
25                  due to the Crown.
     (12)   Any cost recovered under subsection (11)(b) is to be
            paid into the Consolidated Fund.
                                                                         ".




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     82.             Section 102 amended
                     Section 102(2) is amended by deleting "revocation, suspension
                     or amendment of a licence under section 59(1)" and inserting
                     instead --
5                    "
                              amendment of the works approval or licence under
                              section 59(1), or the revocation or suspension of the
                              works approval or licence under section 59A(1),
                                                                                       ".

10   83.             Section 105 amended
                     Section 105(b) is amended by deleting "section 59(1)(b)(iii),
                     (iv), (v) or (vi)" and inserting instead --
                     " section 59(1)(e), (f), (h), (i) or (j) ".

     84.             Section 109 amended
15                   Section 109(2) is amended by deleting "(b)(i) or (ii)" and
                     inserting instead --
                     " (a) or (b) ".

     85.             Schedule 1 amended
           (1)       After Schedule 1 Part 2 Division 1 item 5 the following item is
20                   inserted --
                 "
                         5A              55(1a)          $62 500         $12 500
                                                                                       ".
           (2)       After Schedule 1 Part 2 Division 1 item 7 the following item is
                     inserted --
25               "
                         7A              58(1a)          $62 500         $12 500
                                                                                       ".



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           (3)           After Schedule 1 Part 2 Division 2 item 5 the following item is
                         inserted --
                     "
                             5A                   55(1a)            $125 000           $25 000
                                                                                                      ".
5          (4)           After Schedule 1 Part 2 Division 2 item 7 the following item is
                         inserted --
                     "
                             7A                   58(1a)            $125 000           $25 000
                                                                                                      ".
           (5)           Schedule 1 Part 2 Divisions 1 and 2 are each amended in
10                       item 8 column 2 by deleting "(1)" and inserting instead --
                         "        (4)   ".
           (6)           Schedule 1 Part 2 Division 3 item 3 column 2 is amended by
                         deleting "62" and inserting instead --
                         "        62A     ".

15   86.                 Schedule 2 amended
           (1)           Schedule 2 item 2 is deleted and the following items are inserted
                         instead --
                 "
                             2.     The fees to apply under this Act, including, without limiting
20                                  sections 43, 45 and 45A of the Interpretation Act 1984, the
                                    following --
                                        (a)    the time at which, or the periods for or during
                                               which, fees are to be paid;
                                        (b)    the structure of fees;
25                                      (c)    the basis on which a fee is to be calculated;
                                        (d)    interest on unpaid fees;
                                        (e)    penalties for late payment or underpayment of fees;



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                       (f)   recovery of fees;
                       (g)   refunding of fees.
               2A.   Without limiting item 2, in the case of a works approval or
                     licence under Part V or a licence, permit, approval or
5                    exemption under the regulations (an "authorisation") --
                       (a)   prescribing fees that are payable before or when the
                             authorisation is granted, issued or given and fees
                             that are payable at prescribed intervals or in
                             prescribed circumstances during the currency of the
10                           authorisation;
                       (b)   providing for the authorisation to cease to have
                             effect if a fee is not paid in accordance with the
                             regulations.
                                                                                    ".
15      (2)    Schedule 2 item 17 is deleted and the following item is inserted
               instead --
        "
               17.   Prohibiting or regulating any conduct, operation or activity
                     that is capable of causing pollution or environmental harm.
20                                                                                  ".




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                    Part 5 -- Financial assurances
     87.     Part VA inserted
             After section 86 the following Part is inserted --
     "

5                   Part VA -- Financial assurances
           86A.   Interpretation
                  In this Part --
                  "authorisation" means a declaration under section 6, a
                      clearing permit, a works approval, a licence, an
10                    exemption under section 75 or a licence, permit,
                      approval or exemption under the regulations;
                  "financial assurance requirement" means a
                      requirement to provide a financial assurance
                      imposed --
15                    (a) as an implementation condition;
                      (b) as a condition of an authorisation; or
                      (c) under section 86B(2);
                  "responsible person" means --
                      (a) in relation to a proposal, the proponent;
20                    (b) in relation to an authorisation, the holder of
                            the authorisation or, in the case of a
                            declaration or exemption, a person required
                            to comply with a condition of the exemption;
                      (c) in relation to a closure notice, the person
25                          bound by the notice;
                      (d) in relation to an environmental protection
                            notice, the person bound by the notice;
                      (e) in relation to a vegetation conservation
                            notice, the person bound by the notice; or

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                          (f)   in relation to a prevention notice, the person
                                to whom the notice is given.

             86B.    Financial assurance requirement
               (1)   Implementation conditions or conditions of an
5                    authorisation may require the responsible person to
                     provide a financial assurance of a kind specified in the
                     conditions within the time specified in the conditions.
               (2)   The CEO may by written notice require --
                      (a) a person bound by a closure notice;
10                    (b) a person bound by an environmental protection
                           notice;
                      (c) a person bound by a vegetation conservation
                           notice; or
                      (d) a person to whom a prevention notice is given,
15                   to provide a financial assurance of a kind specified in
                     the notice within a time specified in the notice.
               (3)   A person who fails to comply with a requirement under
                     subsection (2) commits an offence.
               (4)   A financial assurance may be required to be given in
20                   one or more of the following forms --
                       (a) a bank guarantee;
                      (b) a bond;
                       (c) an insurance policy;
                      (d) another form of security that the CEO specifies.
25             (5)   The CEO may require a financial assurance to be
                     provided before an authorisation is declared, granted,
                     amended or suspended.




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       (6)   A financial assurance requirement may provide for the
             procedures under which the financial assurance may be
             called on or used.
       (7)   If a financial assurance is provided as a condition of an
5            authorisation, the CEO may, before the authorisation
             ceases to have effect, require the responsible person to
             continue to provide the financial assurance under
             subsection (2).

     86C.    Considerations when Minister consents to or
10           imposes a financial assurance requirement
       (1)   A financial assurance requirement is not to be imposed
             under section 86B(1) or (2), or continued under
             section 86B(7), by the CEO unless the Minister has
             consented to the imposition or continuation.
15     (2)   In determining whether to --
               (a) seek the consent of the Minister to the
                     imposition of a financial assurance requirement
                     under section 86B(1), the CEO; and
               (b) consent to the imposition, the Minister,
20           is to have regard to --
               (c)   the degree of risk of pollution or environmental
                     harm associated with the implementation of the
                     authorisation;
              (d)    the likelihood of action being required to deal
25                   with waste or prevent, control or abate
                     pollution or environmental harm arising from
                     acts associated with the implementation of the
                     authorisation;
               (e)   the environmental record of the responsible
30                   person or proposed responsible person;
               (f)   other financial assurances required to be held
                     by the responsible person or proposed

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                            responsible person under this Act and other
                            written laws; and
                      (g)   any other matters prescribed.
               (3)   In determining whether to --
5                      (a) seek the consent of the Minister to the
                             imposition of a financial assurance requirement
                             under section 86B(2) or continuation under
                             section 86B(7), the CEO; and
                       (b) consent to the imposition or continuation, the
10                           Minister,
                     is to have regard to --
                        (c) the extent of action required under the closure
                             notice, environmental protection notice or
                             prevention notice;
15                     (d) the environmental record of the responsible
                             person;
                        (e) other financial assurances required to be held
                             by the responsible person under this Act and
                             other written laws; and
20                      (f) any other matters prescribed.
               (4)   In determining whether to impose a financial
                     assurance requirement as an implementation condition,
                     the Minister is to have regard to the matters set out in
                     subsection (2)(c) to (g) as if the proposal were an
25                   authorisation.

             86D.    Amount of financial assurance
                     The amount of the financial assurance --
                      (a) is to be specified in the financial assurance
                           requirement; and
30                    (b) is not to exceed an amount that, in the opinion
                           of the CEO, represents a reasonable estimate of

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                    the total likely costs and expenses that may be
                    incurred in taking action in that case or in
                    reimbursing a person for any action taken.

     86E.    Claim on or realising of financial assurance
5      (1)   This section applies if --
              (a) the Minister incurs costs in taking action under
                     section 48(4) or 69(2);
              (b) an authorised person or inspector incurs costs in
                     taking action under section 73(1);
10            (c) the CEO incurs costs in taking action under
                     section 68A(11)(a) or 73(4); or
              (d) the CEO reimburses costs under
                     section 73A(3),
             and the person from whom those costs are or would be
15           recoverable under this Act is a person who has
             provided a financial assurance.
       (2)   The Minister or the CEO may recover the reasonable
             costs of taking the action, or the costs reimbursed, by
             making a claim on or realising the financial assurance
20           or part of it.
       (3)   Before making the claim on or realising the financial
             assurance or part of it, the Minister or the CEO is to
             make all reasonable endeavours to give the responsible
             person a written notice under this section.
25     (4)   The notice is to --
              (a) state details of the action taken;
              (b) state the amount of the financial assurance to be
                    claimed or realised;
              (c) invite the responsible person to make
30                  representations to the Minister or the CEO to


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                             show why the financial assurance should not be
                             claimed or realised as proposed; and
                      (d)    state the period (at least 30 days after the notice
                             is given to the responsible person) within which
5                            representations may be made.
               (5)   The representations must be made in writing.
               (6)   After the end of the period stated in the notice, the
                     Minister or the CEO is to consider any representations
                     properly made by the responsible person.
10             (7)   If the Minister or the CEO decides to make a claim on
                     or realise the financial assurance or part of it, the
                     Minister or the CEO is to immediately make
                     reasonable endeavours to give written notice to the
                     responsible person of the decision and the reasons for
15                   the decision.
               (8)   Any costs recovered under this section are to be paid
                     into the Consolidated Fund.

             86F.    Lapsing of financial assurance
               (1)   The requirement to provide financial assurance lapses
20                   and no longer binds the responsible person if the CEO
                     is satisfied that the reason for which the financial
                     assurance was required no longer exists and has given
                     the responsible person written notice of the lapsing of
                     the financial assurance requirement.
25             (2)   If a responsible person makes a written request to the
                     CEO for advice as to whether the reason for which a
                     financial assurance provided by that person was
                     required still exists, the CEO is to provide that advice.




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     86G.    Financial assurance not to affect other action
       (1)   Subject to subsections (3) and (4), a financial assurance
             may be called on and used, despite and without
             affecting --
5              (a) any liability of the responsible person to any
                     penalty for an offence for a contravention to
                     which the financial assurance relates; and
               (b) any other action that might be taken or is
                     required to be taken in relation to any
10                   contravention or other circumstances to which
                     the financial assurance relates.
       (2)   If the amount of financial assurance claimed or realised
             does not cover all the costs concerned, the Minister or
             CEO may recover the excess from the responsible
15           person under section 48(5), 68A(11)(b), 69(3), 73(4a)
             or 73A(4), as the case requires.
       (3)   The Minister is not entitled --
              (a) to recover costs under section 48(5) or 69(3) if
                   a financial assurance has been called on and
20                 used in respect of those costs (except to the
                   extent that the financial assurance does not
                   cover all the costs); or
              (b) to call on or use a financial assurance in respect
                   of costs which have been recovered under
25                 section 48(5) or 69(3).
       (4)   The CEO is not entitled --
              (a) to recover costs under section 68A(11)(b),
                   73(4a) or 73A(4) if a financial assurance has
                   been called on and used in respect of those
30                 costs (except to the extent that the financial
                   assurance does not cover all the costs); or



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     Environmental Protection Amendment Bill 2002
     Part 5         Financial assurances

     s. 88



                                  (b)   to call on or use a financial assurance in respect
                                        of costs which have been recovered under
                                        section 68A(11)(b), 73(4a) or 73A(4).
                                                                                             ".

5    88.                 Schedule 1 amended
           (1)           After Schedule 1 Part 2 Division 1 item 11 the following item is
                         inserted --
                     "
                          11A               86B(3)            $62 500           $12 500
                                                                                             ".
10         (2)           After Schedule 1 Part 2 Division 2 item 11 the following item is
                         inserted --
                     "
                          11A               86B(3)            $125 000          $25 000
                                                                                             ".

     89.                 Schedule 2 amended
15                       After Schedule 2 item 33A the following item is inserted --
                 "
                     33B.       Making provision for or with respect to guidelines to be
                                observed in relation to the content of financial assurance
                                requirements.
20                                                                                           ".




     page 96
                                        Environmental Protection Amendment Bill 2002
                                        Environmental protection policies     Part 6

                                                                                       s. 90



                     Part 6 -- Environmental protection policies
     90.              Section 5 amended
                      Section 5(1) is amended as follows:
                        (a) by inserting after "a provision of this Act" --
5                            " or of an approved policy ";
                       (b) by inserting after "the provision of this Act" --
                             " or the approved policy, as the case requires,      ".

     91.              Section 26 amended
           (1)        Section 26 is amended by inserting before "The Authority" the
10                    subsection designation "(1)".
           (2)        At the end of section 26 the following subsection is inserted --
                 "
                      (2)   If the draft policy does not identify an area of the State
                            to which it applies, consultation shall be carried out
15                          under subsection (1) as if the draft policy applied to the
                            whole of the State.
                                                                                         ".
     92.              Section 28 amended
           (1)        Section 28 is amended by inserting before "After" the
20                    subsection designation "(1)".
           (2)        At the end of section 28 the following subsection is inserted --
                 "
                      (2)   The Authority shall include reasons for any revision
                            of the draft policy in the report referred to in
25                          subsection (1)(c)(ii).
                                                                                         ".




                                                                                 page 97
     Environmental Protection Amendment Bill 2002
     Part 6         Environmental protection policies

     s. 93



     93.           Section 30 replaced
                   Section 30 is repealed and the following section is inserted
                   instead --
     "
5            30.         Consultation by Minister
                   (1)   Subject to subsection (3), after considering a copy of a
                         draft policy, and the report on the draft policy,
                         submitted to the Minister under section 28 or 32(1)(b),
                         the Minister shall make reasonable endeavours to
10                       consult such public authorities and persons as appear to
                         the Minister to be likely to be affected by the draft
                         policy submitted.
                   (2)   Subsection (1) applies whether or not the Minister
                         appoints a committee of inquiry under section 29 in
15                       respect of the draft policy submitted.
                   (3)   Subsection (1) applies unless the Minister is of the
                         opinion that --
                           (a) the draft policy submitted is substantially the
                                same as the draft policy in respect of which
20                              notice was published under section 26(d); and
                          (b) the Authority has consulted such public
                                authorities and persons as appear to the
                                Minister to be likely to be affected by that draft
                                policy.
25                                                                                   ".

     94.           Section 35 amended
           (1)     Section 35(2) is amended as follows:
                    (a) in paragraph (a) by deleting "the boundaries of the area,
                          and";
30                  (b) by deleting "or" after paragraph (f)(v);


     page 98
                                          Environmental Protection Amendment Bill 2002
                                          Environmental protection policies     Part 6

                                                                                     s. 95



                      (c)    in paragraph (f)(vi) by deleting "protected," and
                             inserting instead --
                                  "
                                              protected; or
5                                     (vii)   procedures to evaluate the effectiveness
                                              of the programme,
                                                                                      ";
                      (d)    in paragraph (f) by deleting "(v) and (vi)" and inserting
                             instead --
10                           " (v), (vi) and (vii) ".
           (2)       After section 35(2) the following subsection is inserted --
                 "
                     (3)    An approved policy may provide that it applies to --
                             (a) an area of the State identified in the policy;
15                           (b) an area of the State identified in the policy or
                                   by regulation;
                             (c) the whole of the State;
                             (d) the whole of the State other than an area
                                   identified in the policy;
20                           (e) the whole of the State other than an area
                                   identified by regulation; or
                              (f) the whole of the State other than an area
                                   identified in the policy or by regulation.
                                                                                         ".

25   95.             Section 36 amended
                     After section 36(2) the following subsection is inserted --
                 "
                     (3)    The review of an approved policy does not change the
                            force and effect of the approved policy.
30                                                                                       ".


                                                                                  page 99
     Environmental Protection Amendment Bill 2002
     Part 6         Environmental protection policies

     s. 96



     96.              Schedule 2 amended
           (1)        Schedule 2 item 25 is amended by inserting after "Prescribing
                      standards" --
                      "     and criteria    ".
5          (2)        After Schedule 2 item 25 the following items are inserted --
                 "
                     25A.     Identifying an area of the State to which an approved policy
                              applies, or does not apply.
                     25B.     Supplementing an approved policy by providing for any
10                            matter referred to in section 35(2).
                     25C.     Prescribing methods for measuring, predicting or evaluating
                              the effectiveness of an approved policy in achieving and
                              maintaining the environmental quality objectives specified
                              in the policy.
15                   25D.     Prescribing procedures for consultation with respect to the
                              making of regulations in relation to a matter referred to in
                              item 24, 25, 25A, 25B or 25C.
                                                                                               ".
     97.              Approved policies amended and savings provisions
20         (1)        Clause 14 of the Environmental Protection (Swan Coastal Plain
                      Lakes) Policy 1992* is repealed and the following clause is
                      inserted instead --
     "
             14.              Penalties
25                            A person who contravenes clause 10, 11, 12(1) or 13(1)
                              commits a Tier 2 offence.
                              Penalty:
                                 (a)     for an individual -- $62 500 and, in the case of a
                                         continuing offence, a daily penalty of $12 500; and




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                                   Environmental Protection Amendment Bill 2002
                                   Environmental protection policies     Part 6

                                                                                 s. 97



                        (b)   for a body corporate -- $125 000 and, in the case of
                              a continuing offence, a daily penalty of $25 000.
                                                                                     ".
                 [* Published in Gazette 18 December 1992 p. 6099-102.]
5        (2)     Clause 16 of the Environmental Protection (Gnangara Mound
                 Crown Land) Policy 1992* is repealed and the following clause
                 is inserted instead --
     "
           16.        Penalties
10                    A person who contravenes clause 11, 12, 13, 14 or 15
                      commits a Tier 2 offence.
                      Penalty:
                        (a) for an individual -- $62 500 and, in the case of a
                               continuing offence, a daily penalty of $12 500; and
15                      (b)   for a body corporate -- $125 000 and, in the case of
                              a continuing offence, a daily penalty of $25 000.
                                                                                     ".
                 [* Published in Gazette 24 December 1992 p. 6287-93.]
         (3)     Clause 35 of the Environmental Protection (South West
20               Agricultural Zone Wetlands) Policy 1998* is repealed and the
                 following clause is inserted instead --
     "
           35.        Penalties
                      A person who contravenes clause 29, 30, 31, 32(1), 33(1) or
25                    34 commits a Tier 2 offence.
                      Penalty:
                        (a) for an individual -- $62 500 and, in the case of a
                               continuing offence, a daily penalty of $12 500; and
                        (b)   for a body corporate -- $125 000 and, in the case of
30                            a continuing offence, a daily penalty of $25 000.
                                                                                     ".
                 [* Published in Gazette 28 October 1998 p. 5975-89.]

                                                                             page 101
    Environmental Protection Amendment Bill 2002
    Part 6         Environmental protection policies

    s. 97



       (4)     The amendments to approved policies effected by this section
               have effect as though the provisions were enacted as part of the
               Environmental Protection Act 1986 on and from the day on
               which this section comes into operation.
5      (5)     Nothing in this section affects the operation of the
               Environmental Protection Act 1986 with respect to amendments
               to the approved policies as amended by this section and
               revocation of approval of the approved policies as amended by
               this section.




    page 102
                                       Environmental Protection Amendment Bill 2002
                                                              Appeals        Part 7

                                                                                  s. 98



                                     Part 7 -- Appeals
     98.             Section 3 amended
                     Section 3(1) is amended by inserting in the appropriate
                     alphabetical position the following definition --
5                    "
                           "Appeals Convenor" means the Appeals Convenor
                              appointed under section 107A;
                                                                                      ".

     99.             Section 102 amended
10         (1)       Section 102(1) is amended by inserting after "within
                     21 days of " --
                     " being notified of ".
           (2)       Section 102(2) is amended by inserting after "within
                     21 days of " --
15                   " being notified of ".
           (3)       Section 102(3) and (4) are repealed and the following
                     subsections are inserted instead --
                 "
                     (3)   A person who --
20                          (a) not being an applicant referred to in
                                  subsection (1), disagrees with a refusal or
                                  specification referred to in that subsection; or
                            (b) not being a holder referred to in subsection (2),
                                  disagrees with an amendment, revocation or
25                                suspension referred to in that subsection,
                           may within the period within which the applicant or
                           holder can lodge an appeal about that refusal,
                           specification, revocation, suspension or amendment
                           lodge with the Minister an appeal in writing setting out
30                         the grounds of that appeal.

                                                                               page 103
     Environmental Protection Amendment Bill 2002
     Part 7         Appeals

     s. 100



                (4)   Pending the determination of the relevant appeal
                      lodged under subsection (1), (2) or (3) in respect of a
                      refusal, specification, revocation or suspension, the
                      decision against which that appeal is lodged continues
5                     to have effect.
                (5)   Pending the determination of the relevant appeal
                      lodged under subsection (2) in respect of an
                      amendment, the amendment shall be deemed not to
                      have been made.
10              (6)   Pending the determination of the relevant appeal
                      lodged under subsection (3) in respect of an
                      amendment, the amendment continues to have effect.
                                                                                ".

     100.       Section 106 replaced
15              Section 106 is repealed and the following section is inserted
                instead --
     "
              106.    Preliminary action in respect of appeals
                (1)   When an appeal is lodged under this Part, the Appeals
20                    Convenor --
                       (a) if the appeal is lodged under section 100, shall
                            request the Authority to report to the Minister
                            on the appeal;
                       (b) if the appeal is lodged under section 101A, 102,
25                          103 or 104, shall request the CEO to report to
                            the Minister on the appeal;
                       (c) may consult the appellant and any other
                            appropriate person to determine whether or not
                            the point at issue in the appeal can be resolved;
30                          and




     page 104
                                  Environmental Protection Amendment Bill 2002
                                                         Appeals        Part 7

                                                                             s. 101



                       (d)    if the decision appealed against is not a
                              decision of the Minister, shall consider and
                              report to the Minister on the appeal.
                (2)   When an appeal is lodged under this Part, the
5                     Minister --
                       (a) may, in any case; or
                       (b) shall, if the decision appealed against is a
                             decision of the Minister,
                      appoint an appeals committee to consider and report to
10                    the Minister on the appeal.
                (3)   Subsection (2) does not apply to an appeal referred to
                      in section 101(2a) or (2d).
                (4)   If --
                        (a)   an appeal is lodged under section 100 by a
15                            person other than a decision-making authority;
                              and
                       (b)    the decision-making authority has made
                              submissions to the Minister in respect of the
                              proposal to which the appeal relates,
20                    the Appeals Convenor shall have regard to those
                      submissions when reporting on, and otherwise dealing
                      with, the appeal.
                                                                                ".

     101.       Section 107 amended
25              Section 107(1) is repealed and the following subsection is
                inserted instead --
            "
                (1)   On receiving a request under section 106(1), the
                      Authority or CEO, as the case requires, shall report on
30                    the relevant appeal to the Minister.
                                                                                ".

                                                                          page 105
     Environmental Protection Amendment Bill 2002
     Part 7         Appeals

     s. 102



     102.       Sections 107A, 107B, 107C and 107D inserted
                After section 107 the following sections are inserted --
     "
              107A.   Appeals Convenor
5               (1)   The Governor may appoint a person as Appeals
                      Convenor.
                (2)   The office of Appeals Convenor is not an office in the
                      Public Service and is not to be included in the Senior
                      Executive Service provided for by the Public Sector
10                    Management Act 1994.
                (3)   Schedule 7 has effect with respect to the tenure, salary
                      and conditions of service of the Appeals Convenor.
                (4)   If --
                        (a)   the Appeals Convenor is unable to act by
15                            reason of illness, absence or other cause; or
                       (b)    there is a vacancy in the office of Appeals
                              Convenor,
                      the Minister may appoint a person to act temporarily in
                      the place of the Appeals Convenor, and while so acting
20                    according to the tenor of the appointment that person
                      has all of the functions, powers and immunities of the
                      Appeals Convenor.
                (5)   No act or omission of a person acting in place of the
                      Appeals Convenor under subsection (4) is to be
25                    questioned on the ground that the occasion for the
                      appointment or acting had not arisen or had ceased.

              107B.   Functions and powers of Appeals Convenor
                (1)   Section 109 applies to and in relation to the Appeals
                      Convenor as if the Appeals Convenor were an appeals
30                    committee and a report of the Appeals Convenor made

     page 106
                         Environmental Protection Amendment Bill 2002
                                                Appeals        Part 7

                                                                    s. 102



             under section 106 has effect as if it were a report of an
             appeals committee.
       (2)   In addition to any other function conferred on the
             Appeals Convenor by this Act, the Appeals Convenor
5            may --
               (a) advise the Minister generally on matters
                     concerning appeals under this Act; and
               (b) perform such other functions as are conferred
                     on the Appeals Convenor by any other written
10                   law.
       (3)   There are to be appointed under Part 3 of the Public
             Sector Management Act 1994 such officers as are
             necessary to assist the Appeals Convenor to perform
             his or her functions.

15   107C.   Appeals panel
       (1)   The Appeals Convenor may convene an appeals panel
             whenever the Appeals Convenor considers it is
             necessary or desirable to do so for the purpose of
             advising the Appeals Convenor on matters arising in an
20           appeal.
       (2)   An appeals panel shall consist of one or more persons
             who, because of professional or other qualifications or
             experience, is or are in the opinion of the Appeals
             Convenor qualified to give advice on matters arising in
25           an appeal.
       (3)   A member of an appeals panel shall be paid
             remuneration and allowances as if the member were a
             member of an appeals committee.




                                                                 page 107
     Environmental Protection Amendment Bill 2002
     Part 7         Appeals

     s. 103



              107D.       Administrative procedures for appeals
                (1)       The Appeals Convenor may, with the approval of the
                          Minister --
                           (a) draw up administrative procedures as to --
5                                   (i) the conduct of appeals; and
                                   (ii) the appointment, composition and duties
                                        of an appeals panel;
                           (b) amend or revoke administrative procedures
                                 drawn up under this section; and
10                         (c) publish in the Gazette administrative
                                 procedures drawn up under this section and any
                                 amendment or revocation of those
                                 administrative procedures.
                (2)       If there is an inconsistency between administrative
15                        procedures drawn up under this section and this Act or
                          regulations made under Schedule 2 item 35, this Act or
                          those regulations prevail to the extent of that
                          inconsistency.
                                                                                     ".

20   103.       Section 109 amended
                Section 109(1) is amended by deleting paragraph (a) and "and"
                after it and inserting the following paragraphs instead --
                      "
                           (a)   shall consult --
25                                  (i) the CEO in the case of an appeal against
                                         a decision of the CEO;
                                   (ii) the Authority in the case of an appeal
                                         against a decision of the Minister or the
                                         Authority; and
30                                (iii) the appellant;



     page 108
                                    Environmental Protection Amendment Bill 2002
                                                           Appeals        Part 7

                                                                                    s. 104



                       (aa)    may consult such other persons as it considers
                               necessary; and
                                                                                        ".

     104.        Schedule 7 inserted
5                After Schedule 4 the following Schedule is inserted in the
                 appropriate numerical position --
     "
                          Schedule 7 -- Appeals Convenor
                                                                                 [s. 107A]

10          1.         Term of office
                       Subject to clause 3, the Appeals Convenor holds office for a
                       term, not exceeding 5 years, fixed by the instrument of
                       appointment, and is eligible for reappointment.

            2.         Salary and entitlements
15               (1)   The Appeals Convenor --
                         (a)   is to be paid salary and allowances at a rate per year
                               determined by the Minister on the recommendation
                               of the Minister for Public Sector Management; and
                         (b)   has the same annual leave, sick leave and long
20                             service leave entitlements as a permanent officer of
                               the Public Service.
                 (2)   Subclause (1)(a) has effect subject to the Salaries and
                       Allowances Act 1975 if that Act applies to the Appeals
                       Convenor.

25          3.         Resignation and removal from office
                 (1)   The Appeals Convenor may resign office by written notice
                       delivered to the Governor.




                                                                                 page 109
     Environmental Protection Amendment Bill 2002
     Part 7         Appeals

     s. 104



                   (2)   The Governor may remove the Appeals Convenor from
                         office --
                           (a)   for --
                                    (i) misbehaviour or incompetence; or
5                                  (ii)   mental or physical incapacity, other than
                                          temporary illness, impairing the
                                          performance of the Appeals Convenor's
                                          functions;
                                 or
10                         (b)   if the Appeals Convenor becomes a bankrupt or
                                 applies to take the benefit of any law for the relief
                                 of bankrupt or insolvent debtors, compounds with
                                 his or her creditors or makes an assignment of
                                 salary for their benefit.
15                 (3)   In subclause (2)(a) --
                         "misbehaviour" includes behaving in a manner that renders
                             the Appeals Convenor unfit to hold office even if the
                             conduct does not relate to any function of the office of
                             Appeals Convenor.

20            4.         Appointment of public service officer
                   (1)   A person who held office in the Public Service ("previous
                         office") immediately before being appointed as Appeals
                         Convenor --
                           (a)   retains existing and accruing superannuation and
25                               leave entitlements as if service as the Appeals
                                 Convenor were a continuation of service in the
                                 previous office; and
                           (b)   if he or she ceases to hold office as the Appeals
                                 Convenor on the completion of a periodical
30                               appointment, is entitled to be appointed to an office
                                 in the Public Service not lower in classification and
                                 salary than the previous office (as long as he or she
                                 is at that time eligible to hold such an office in the
                                 Public Service).



     page 110
                            Environmental Protection Amendment Bill 2002
                                                   Appeals        Part 7

                                                                         s. 104



          (2)   A person appointed to an office in the Public Service under
                subclause (1)(b) retains existing and accruing
                superannuation and leave entitlements as if service in the
                Public Service were a continuation of service as the Appeals
5               Convenor.

     5.         Other conditions of service
                The Governor may, on the recommendation of the Minister
                for Public Sector Management, determine any other terms
                and conditions of service to apply to the Appeals Convenor.
10                                                                             ".




                                                                      page 111
     Environmental Protection Amendment Bill 2002
     Part 8         Bilateral Agreements

     s. 105



                             Part 8 -- Bilateral Agreements
     105.         Section 3 amended
                  Section 3(1) is amended by inserting in the appropriate
                  alphabetical position the following definition --
5                 "
                            "bilateral agreement" means an agreement referred to
                                in section 45(2) of the Environment Protection and
                                Biodiversity Conservation Act 1999 of the
                                Commonwealth to which the State is a party;
10                                                                                     ".

     106.         Section 16 amended
                  After section 16(a) the following paragraph is inserted --
                        "
                            (aa)   to facilitate the implementation of bilateral
15                                 agreements;
                                                                                       ".

     107.         Section 17 amended
                  After section 17(3) the following subsection is inserted --
              "
20                (4)       Without limiting the generality of this section, for the
                            purposes of its function under section 16(aa) the
                            Authority may, in relation to the assessment of a
                            proposal to which a bilateral agreement applies --
                              (a) have regard to requirements made by the
25                                 bilateral agreement when deciding the level of
                                   assessment to be used;
                              (b) prepare guidelines and publish material as
                                   required under the bilateral agreement;
                              (c) require the proponent to do anything necessary
30                                 to give effect to the bilateral agreement; and

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                                  Environmental Protection Amendment Bill 2002
                                            Bilateral Agreements        Part 8

                                                                              s. 108



                      (d)    make its report in a manner that satisfies the
                             requirements of the bilateral agreement.
                                                                                 ".

    108.   Section 120 amended
5          After section 120(b) the following paragraph is inserted --
           "   (ba)         under a bilateral agreement; ".




                                                                         page 113
     Environmental Protection Amendment Bill 2002
     Part 9         Clearing permits
     Division 1     Amendments to Environmental Protection Act 1986
     s. 109



                              Part 9 -- Clearing permits
            Division 1 -- Amendments to Environmental Protection
                                Act 1986
     109.       Section 3 amended
5       (1)     Section 3(1) is amended by inserting in the appropriate
                alphabetical positions the following definitions --
                "
                          "clearing" has the meaning given by section 51A;
                          "clearing permit" means a clearing permit granted
10                            and in force under Part V Division 2;
                          "vegetation conservation notice" means a vegetation
                              conservation notice given under section 70;
                                                                                     ".
        (2)     Section 3(4) is amended as follows:
15                  (a)     by deleting "a works" and inserting instead --
                            " a clearing permit, works ";
                    (b)     by deleting "the works" in both places where it occurs
                            and inserting instead --
                            " the clearing permit, works ".

20   110.       Part V Division 2 inserted and transitional provisions
        (1)     Before section 52 the following Division is inserted --
       "
                          Division 2 -- Clearing of native vegetation
            51A.          Definitions
25                        In this Division --
                          "area permit" has the meaning given by
                               section 51E(7);

     page 114
                    Environmental Protection Amendment Bill 2002
                                    Clearing permits      Part 9
     Amendments to Environmental Protection Act 1986 Division 1
                                                          s. 110



        "clearing" means --
            (a) the killing or destruction of;
            (b) the removal of;
            (c) the severing or ringbarking of trunks or
5                  stems of; or
            (d) the doing of any other substantial damage to,
            some or all of the native vegetation in an area, and
            includes the draining or flooding of land, the
            burning of vegetation, the grazing of stock, or any
10          other act or activity, that causes --
            (e) the killing or destruction of;
             (f) the severing of trunks or stems of; or
            (g) any other substantial damage to,
            some or all of the native vegetation in an area;
15      "clearing principles" means the principles for clearing
            native vegetation set out in Schedule 5;
        "environmentally sensitive area" means an area that
            is the subject of a declaration that is in force under
            section 51B;
20      "purpose permit" has the meaning given by
            section 51E(8);
        "native vegetation" has the meaning given by
            section 3(1) but does not include vegetation that
            was intentionally sown, planted or propagated
25          unless --
            (a) that vegetation was sown, planted or
                   propagated as required under this Act or
                   another written law; or
            (b) that vegetation is of a class declared by
30                 regulation to be included in this definition;




                                                            page 115
     Environmental Protection Amendment Bill 2002
     Part 9         Clearing permits
     Division 1     Amendments to Environmental Protection Act 1986
     s. 110



                      "occupier" of land means a person who is in
                          occupation or control of the land, or who is
                          entitled to be in occupation or control of the land;
                      "owner" of land means --
5                         (a) in relation to land alienated from the Crown,
                                 the holder (at law or in equity) of an estate in
                                 fee simple in the land;
                          (b) in relation to land that the Crown has
                                 lawfully agreed to alienate, the person who is
10                               entitled to the benefit of the agreement;
                          (c) in relation to land held under a lease lawfully
                                 granted by the Crown, the lessee; and
                          (d) in relation to any other land, the public
                                 authority that has the care, control or
15                               management of the land or, if there is no
                                 such public authority, the Crown.

          51B.        Declaration of environmentally sensitive areas
                (1)   The Minister may, by notice, declare --
                       (a)    an area of the State specified in the notice; or
20                     (b)    an area of the State of a class specified in the
                              notice,
                      to be an environmentally sensitive area for the
                      purposes of this Division.
                (2)   A notice under this section is subsidiary legislation for
25                    the purposes of the Interpretation Act 1984.
                (3)   Subsections (1), (2), (3), (5), (6) and (8)(a) of
                      section 42 of the Interpretation Act 1984 apply to a
                      notice under this section as if it were regulations within
                      the meaning of that section.




     page 116
                       Environmental Protection Amendment Bill 2002
                                       Clearing permits      Part 9
        Amendments to Environmental Protection Act 1986 Division 1
                                                             s. 110



       (4)   Before a notice is published under this section the
             Minister shall --
              (a) seek comments on it from the Authority and
                    from any public authority or person which or
5                   who has, in the opinion of the Minister, an
                    interest in its subject matter; and
              (b) take into account any comments received from
                    the Authority or such a public authority or
                    person.

10   51C.    Unauthorised clearing of native vegetation
             A person who causes or allows clearing commits an
             offence unless the clearing --
               (a) is done in accordance with a clearing permit;
               (b) is of a kind set out in Schedule 6; or
15             (c) is of a kind prescribed for the purposes of this
                    section and is not done in an environmentally
                    sensitive area.

     51D.    Particular provisions in relation to soil and land
             conservation
20     (1)   In this section --
             "agreement to reserve" means an agreement to
                  reserve as referred to in section 30B(2) of the
                  SLC Act;
             "Commissioner" means the person for the time being
25                holding or acting in the office of the
                  Commissioner of Soil and Land Conservation
                  under the SLC Act;
             "conservation covenant" means a conservation
                  covenant as referred to in section 30B(2) of the
30                SLC Act;



                                                               page 117
     Environmental Protection Amendment Bill 2002
     Part 9         Clearing permits
     Division 1     Amendments to Environmental Protection Act 1986
     s. 110



                      "SLC Act" means the Soil and Land Conservation
                           Act 1945;
                      "soil conservation notice" has the same meaning as it
                           has in Part V of the SLC Act.
5               (2)   Section 51C(a) does not apply to the clearing of
                      vegetation on land the subject of an agreement to
                      reserve unless --
                        (a) the clearing permit was granted; or
                        (b) the clearing is done,
10                    with the written approval of the Commissioner.
                (3)   Section 51C(a) does not apply to the clearing of
                      vegetation --
                        (a) on land the subject of a conservation covenant;
                              or
15                      (b) in contravention of a soil conservation notice.

          51E.        Applications for clearing permits
                (1)   An application for a clearing permit shall --
                       (a) be made in the form and in the manner
                             approved by the CEO;
20                     (b) indicate whether it relates to --
                               (i) the clearing of a particular area
                                    specified in the application; or
                              (ii) the clearing of different areas from time
                                    to time for a purpose specified in the
25                                  application;
                       (c) be accompanied by the fee prescribed by or
                             determined under the regulations; and
                       (d) be supported by any management plans, maps,
                             and other documents and information required



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                   by the CEO and include a summary of that
                   supporting documentation and information.
     (2)   An application for a clearing permit can only be
           made --
5           (a) if it relates to clearing referred to in
                  subsection (1)(b)(i) --
                    (i) by the owner of the land on which the
                          clearing is proposed to be done or a
                          person acting on the owner's behalf; or
10                 (ii) by a person who satisfies the CEO that
                          the person is likely to become the owner
                          of the land on which the clearing is
                          proposed to be done;
                  or
15          (b) if it relates to clearing referred to in
                  subsection (1)(b)(ii), by the person by or on
                  whose behalf the clearing is to be done.

     (3)   If an application made under subsection (1) does not
           comply with subsections (1) and (2), the CEO shall
20         decline to deal with the application and advise the
           applicant accordingly.
     (4)   If the application complies with subsections (1) and
           (2), the CEO shall --
             (a) advise the applicant that the application has
25                  been received;
             (b) invite any public authority or person which or
                    who has, in the opinion of the CEO, a direct
                    interest in the subject matter of the application,
                    to comment on it within such period as the
30                  CEO specifies; and
             (c) advertise the application in the prescribed
                    manner, inviting any person who wishes to

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                             comment on it to do so within such period as is
                             specified in the advertisement.
                (5)   The CEO shall, after having taken into account any
                      comments received within the specified period from
5                     any public authority or person from which or whom
                      comments were invited under subsection (4)(b) or (c)
                      and subject to sections 51O and 51P --
                        (a) grant a clearing permit subject to such of the
                             conditions referred to in section 51H as the
10                           CEO specifies in the permit; or
                        (b) refuse to grant a clearing permit.
                (6)   The CEO is to give the applicant written notice of the
                      refusal to grant a clearing permit.
                (7)   If a clearing permit relates to clearing referred to in
15                    subsection (1)(b)(i), it --
                        (a) may be granted under subsection (5) for all or
                               some of the clearing applied for;
                        (b) is to describe the boundaries of the area that
                               may be cleared; and
20                      (c) is referred to for the purposes of this Division
                               as an "area permit".
                (8)   If a clearing permit relates to clearing referred to in
                      subsection (1)(b)(ii), it --
                        (a) is to describe the purpose for which the clearing
25                             may be done;
                        (b) is to describe the principles and criteria that are
                               to be applied, and the strategies and procedures
                               that are to be followed, in relation to the
                               clearing; and
30                      (c) is referred to for the purposes of this Division
                               as a "purpose permit".


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       (9)     In the case of an application made under
               subsection (2)(a)(ii), the CEO may, under
               subsection (5)(a), give the applicant a written
               undertaking that if the person becomes the owner of the
5              land on which the clearing is proposed to be done, the
               CEO will, subject to subsection (10), grant a clearing
               permit to the applicant subject to such of the conditions
               referred to in section 51H as the CEO specifies in the
               undertaking.
10    (10)     A clearing permit cannot be granted pursuant to an
               undertaking mentioned in subsection (9) unless --
                 (a) the applicant becomes the owner of the land on
                       or before such day as is specified in the
                       undertaking; and
15               (b) the CEO has been notified in writing that the
                       applicant has become the owner of the land.
      (11)     A reference in subsection (5)(b), (6) or (7)(a) or in
               section 51P(2) or 101A to granting or refusing to grant
               a clearing permit includes a reference to giving or
20             refusing to give an undertaking mentioned in
               subsection (9).
      (12)     A reference in section 101A to the specification of a
               condition in a clearing permit includes a reference to
               the specification of a condition in an undertaking
25             mentioned in subsection (9).

     51F.      Other decisions to take precedence
       (1)     If an application for a clearing permit made under
               section 51E(1) is related to a proposal which has been
               referred to the Authority under section 38, the CEO
30             shall not perform any duty imposed on the CEO by
               section 51E(5) --
                 (a) while any decision-making authority is
                       precluded by section 41 from making any

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                             decision which could have the effect of causing
                             or allowing that proposal to be implemented; or
                       (b)   contrary to, or otherwise than in accordance
                             with, an implementation agreement or decision.
5               (2)   If a decision-making authority makes a decision that
                      has the effect of preventing the implementation of a
                      proposal to which an application for a clearing permit
                      made under section 51E(1) is related, the CEO does not
                      have to perform any duty imposed under
10                    section 51E(5) while that decision has effect.

          51G.        Duration of clearing permits
                      Subject to this Act, a clearing permit continues in
                      force --
                        (a) if it is an area permit, for 2 years; or
15                      (b) if it is a purpose permit, for 5 years,
                      from the date on which it is granted unless another
                      period is specified in the permit.

          51H.        Clearing permit conditions
                (1)   A clearing permit may be granted subject to such
20                    conditions as the CEO considers to be necessary or
                      convenient for the purposes of preventing, controlling,
                      abating or mitigating environmental harm or offsetting
                      the loss of the cleared vegetation.
                (2)   Section 51I sets out some kinds of conditions that may
25                    be attached to a clearing permit and further kinds of
                      conditions may be prescribed, but nothing in that
                      section or the regulations prevents other conditions
                      from being attached.




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        (3)    The CEO is not to attach --
                (a) a condition that would, in the CEO's opinion,
                     be seriously at variance with the clearing
                     principles except to the extent necessary to give
5                    effect to a decision made under section 51O(3);
                     or
                (b) subject to section 51P, a condition that would
                     be inconsistent with an approved policy.

     51I.      Some kinds of conditions
10      (1)    A condition may specify activities that are authorised,
               or not authorised, by the clearing permit.
        (2)    The following list sets out things that the holder of a
               clearing permit can be required to do (at the expense of
               the holder) under conditions attached to the clearing
15             permit --
                 (a) take specified measures for the purpose of --
                          (i) preventing, or minimising the likelihood
                               of, environmental harm; or
                         (ii) controlling or abating environmental
20                             harm either generally or in accordance
                               with specified criteria;
                 (b) establish and maintain vegetation on land other
                       than land cleared under the permit in order to
                       offset the loss of the cleared vegetation, or
25                     make monetary contributions to a fund
                       maintained for the purpose of establishing or
                       maintaining vegetation;
                 (c) give a conservation covenant or agreement to
                       reserve under section 30B of the Soil and Land
30                     Conservation Act 1945, or some other form of
                       binding undertaking to establish and maintain
                       vegetation, in relation to land other than land
                       cleared under the permit;

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                       (d)    monitor operations (including abatement
                              operations) and environmental harm, conduct
                              analysis of monitoring data, and provide reports
                              on monitoring data, and analysis of it, to the
5                             CEO;
                        (e)   investigate options for measures for preventing,
                              controlling or abating environmental harm;
                        (f)   conduct environmental risk assessment studies;
                       (g)    provide reports on audits and studies, including
10                            audit compliance reports, to the CEO;
                       (h)    prepare, implement and adhere to
                              environmental management systems,
                              environmental management plans and
                              environmental improvement plans;
15                      (i)   have something required to be done under a
                              condition done by a person of a class approved
                              by the CEO;
                        (j)   do something required to be done under a
                              condition --
20                               (i) within a specified period or before a
                                      specified date; or
                                (ii) in a specified form or manner.
                (3)   Without limiting subsection (2) paragraph (d), a
                      condition referred to in that paragraph can require the
25                    holder of a clearing permit to carry out a specified
                      monitoring programme for the purpose of supplying
                      the CEO with information relating to the nature and
                      extent of any impacts or potential impacts the activities
                      under the permit may have on the environment or any
30                    environmental value.
                (4)   In this section --
                      "establish" includes conserve;


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               "specified" means specified by the CEO in the
                   clearing permit concerned.

     51J.      Contravention of clearing permit conditions
       (1)     The holder of a clearing permit who contravenes a
5              condition to which the permit is subject commits an
               offence.
       (2)     If a clearing permit is subject to a condition referred to
               in section 51I(2)(c), a reference in this Division to a
               contravention of a condition includes a reference to a
10             contravention of the covenant, agreement or
               undertaking given by the permit holder.

     51K.      Amendment of a clearing permit
       (1)     The CEO may amend a clearing permit by --
                (a) removing or varying any condition to which the
15                   clearing permit is subject;
                (b) subjecting the clearing permit to a new
                     condition;
                (c) in the case of an area permit, redescribing the
                     boundaries of the area that may be cleared
20                   under the permit or of land to which a condition
                     referred to in section 51I(2)(b) or (c) applies;
                (d) in the case of a purpose permit, redescribing
                     any of the principles or criteria that are to be
                     applied, or the strategies or procedures that are
25                   to be followed, in relation to the clearing;
                (e) correcting in the clearing permit --
                        (i) a clerical mistake or unintentional error
                             or omission;
                       (ii) a figure which has been miscalculated;
30                           or



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                              (iii)   the misdescription of any person, thing,
                                      area, property or activity;
                        (f)   making an administrative change to the format
                              of the clearing permit which does not alter the
5                             obligations of the permit holder;
                       (g)    amending the clearing permit in conformity
                              with an approved policy or with an exemption
                              conferred under this Act;
                       (h)    amending the clearing permit to give effect to a
10                            decision of the Minister under this Act (whether
                              on an appeal or otherwise); or
                        (i)   extending the duration of the clearing permit.
                (2)   A clearing permit may be amended on application by
                      the holder of the permit or on the initiative of the CEO.

15        51L.        Revocation or suspension of clearing permit
                (1)   The CEO may revoke or suspend a clearing permit.
                (2)   The grounds for revocation or suspension of a clearing
                      permit are that --
                        (a) the CEO is satisfied that there has been a
20                            breach of any of the conditions to which the
                              clearing permit is subject;
                        (b) where a person has become the holder of the
                              clearing permit by operation of section 51N, the
                              CEO is satisfied that the person is unwilling or
25                            unable to comply with the conditions to which
                              the permit is subject;
                        (c) information contained in or supporting the
                              application was false or misleading in a
                              material respect; or
30                      (d) the holder of the clearing permit has applied to
                              the CEO to surrender the permit.


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     51M.    Manner of amendment, revocation or suspension
       (1)   An application for an amendment to a clearing permit
             or to surrender a clearing permit is to --
               (a) be made in the manner and form approved by
5                    the CEO;
               (b) be accompanied by the fee prescribed by or
                     determined under the regulations; and
               (c) be supported by any management plans, maps,
                     and other documents and information required
10                   by the CEO and include a summary of that
                     supporting documentation and information.
       (2)   Before amending, revoking or suspending a clearing
             permit the CEO is to give the holder of the permit a
             written notice under this section.
15     (3)   The notice is to --
              (a)   state details of the proposed action;
              (b)   invite the holder to make representations to the
                    CEO to show why the action should not be
                    taken; and
20            (c)   state the period (at least 28 days after the notice
                    is given to the holder) within which
                    representations may be made.
       (4)   The representations must be made in writing.
       (5)   Subject to subsection (8), the CEO may take the
25           proposed action --
               (a) at any time after the holder of the clearing
                    permit gives the CEO written notice that the
                    holder does not intend to make any
                    representations or any further representations;
30                  or



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                       (b)    if such notice is not given, after the end of the
                              period stated in the notice within which
                              representations may be made.
                (6)   The CEO is to consider any representations properly
5                     made by the holder of the clearing permit.
                (7)   If the proposed action is --
                        (a) the revocation or suspension of the clearing
                               permit; or
                        (b) an amendment of the clearing permit reducing
10                             or restricting the extent or method of clearing
                               that may be done,
                      the permit, by force of this subsection, ceases to have
                      effect until --
                        (c) notice of any amendment, revocation or
15                            suspension of the permit is given under
                              subsection (10); or
                        (d) after considering any representations properly
                              made by the holder of the permit, the CEO
                              gives the holder written notice that the action
20                            will not be taken.
                (8)   If the proposed action is related to a proposal which
                      has been referred to the Authority under section 38, the
                      CEO is not to so amend, revoke or suspend --
                        (a) while any decision-making authority is
25                             precluded by section 41 from making any
                               decision which could have the effect of causing
                               or allowing that proposal to be implemented; or
                        (b) contrary to, or otherwise than in accordance
                               with, an implementation agreement or decision.
30              (9)   If a decision-making authority makes a decision that
                      has the effect of preventing the implementation of a
                      proposal to which an amendment proposed under this

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             section is related, the CEO does not have to make a
             decision on the amendment while the decision-making
             authority's decision has effect.
      (10)   The CEO is to give the holder of the clearing permit
5            written notice of any amendment, revocation or
             suspension of the permit.
      (11)   Without limiting subsection (10), notice of an
             amendment can be given in the form of a revised
             clearing permit.

10   51N.    Continuation of area permit on change of
             ownership
       (1)   If an area permit is held by the owner of the land to
             which the permit relates and the interest by reason of
             which that person is the owner (the "interest") is or is
15           to be transferred, or passes or is to pass, to another
             person (the "new owner"), the new owner may, in the
             form and in the manner approved by the CEO, notify
             the CEO --
               (a) that the transfer or passing of the interest has
20                    occurred or is to occur; and
               (b) that the new owner wishes to become the
                      holder of the permit.
       (2)   If notification is given to the CEO under subsection (1)
             then --
25             (a) on the transfer or passing of the interest; or
               (b) on the receipt of the notification by the CEO,
             whichever is later, the new owner becomes the holder
             of the area permit by operation of this section on the
             conditions to which the permit is subject.
30     (3)   If when the interest is transferred or passes the CEO
             has not received notification under subsection (1), the

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                      area permit has no further effect unless and until such
                      notification is received.

          51O.        Principles and instruments to be considered when
                      making decisions as to clearing permits
5               (1)   In this section --
                      "clearing matter" means --
                           (a) an application for a clearing permit; or
                           (b) an amendment of a clearing permit;
                      "decision" means a decision about a clearing matter;
10                    "planning instrument" means --
                           (a) a scheme or a strategy, policy or plan made
                                 or adopted under a scheme;
                           (b) a statement of planning policy approved
                                 under section 5AA of the Town Planning
15                               and Development Act 1928; or
                           (c) a local planning strategy made under the
                                 Town Planning and Development Act 1928.
                (2)   In considering a clearing matter the CEO shall have
                      regard to the clearing principles so far as they are
20                    relevant to the matter under consideration.
                (3)   The CEO may make a decision that is seriously at
                      variance with the clearing principles if, and only if, in
                      the CEO's opinion there is a good reason for doing so.
                      That reason must be recorded and published under
25                    section 51Q.
                (4)   In considering a clearing matter the CEO shall have
                      regard to any planning instrument, or other matter, that
                      the CEO considers relevant.




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     51P.      Relationship between clearing permits and
               approved policies
       (1)     In considering --
                 (a) an application for a clearing permit; or
5                (b) an amendment of a clearing permit,
               the CEO shall ensure that the clearing permit, or its
               amendment, is consistent with any approved policy.
       (2)     The CEO shall not amend or shall refuse to grant a
               clearing permit if the CEO considers that the associated
10             effect on the environment would be inconsistent with
               any approved policy.
       (3)     Despite anything in this section --
                (a) if the CEO is satisfied that, as a result of
                      environmental circumstances having changed,
15                    the environment or an environmental value of
                      the area concerned requires a higher level of
                      protection than would be provided by the
                      standards required by or under any approved
                      policy, the CEO may grant or amend a clearing
20                    permit so as to make the permit subject to
                      conditions which specify standards that are
                      more stringent than those required by or under
                      the approved policy;
                (b) if the CEO is satisfied that, as a result of the
25                    approval under section 31(d) of a new approved
                      policy or as a result of an approved policy as
                      amended being confirmed under section 37, any
                      condition to which an existing clearing permit
                      is subject is inconsistent with that approved
30                    policy, the CEO may amend that permit to
                      make it consistent with that approved policy.




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          51Q.        Particulars of clearing permits to be recorded
                (1)   The CEO is to keep a record of such particulars of --
                       (a)    applications for clearing permits;
                       (b)    clearing permits and undertakings mentioned in
5                             section 51E(9); and
                        (c)   notifications received under section 51N(1),
                      as are prescribed.
                (2)   The CEO is to publish from time to time in a
                      prescribed manner prescribed particulars of the record.

10        51R.        Evidentiary matters
                (1)   In proceedings under this Division a document
                      purporting to be --
                        (a) a true copy of an aerial photograph marked so
                             as to identify, and show the boundaries of, land
15                           according to official survey; and
                        (b) signed and certified by the Surveyor General as
                             being a true copy of a photograph taken under
                             the authority of the Surveyor General on the
                             date specified in the certificate and as correctly
20                           identifying, and showing the boundaries of, the
                             land according to official survey,
                      is, without proof of the signature of the Surveyor
                      General, admissible as evidence of the matters so
                      certified and of the condition, on the date so specified,
25                    of the vegetation on the land so identified.
                (2)   A document shall not be admitted pursuant to
                      subsection (1) as evidence that the land has been
                      cleared contrary to this Division unless the court is
                      satisfied that the Minister, the CEO or a person acting
30                    with the authority of the Minister or of the CEO has


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           entered upon and inspected the land for the purposes of
           ascertaining whether the land has been so cleared.
     (3)   Where, in a prosecution for an offence under this
           Division involving clearing, it is proved that clearing
5          has taken place on land --
             (a) the person who was the occupier of the land at
                   the time of the clearing is to be regarded as
                   having caused the clearing in the absence of
                   evidence to the contrary; and
10           (b) the person who was the owner of the land at the
                   time of the clearing is to be regarded as having
                   allowed the clearing in the absence of proof to
                   the contrary.
     (4)   Subsection (3) does not affect the liability of any other
15         person for the offence concerned.
     (5)   In a prosecution for an offence under this Division, an
           averment in the complaint to the effect that vegetation
           is or was native vegetation is to be regarded as having
           been proved in the absence of proof to the contrary.
20   (6)   For the purposes of this Division, if --
            (a) land is shared by a corporation and a subsidiary
                   or subsidiaries of the corporation;
            (b) the corporation or a subsidiary referred to in
                   paragraph (a) is the holder of a clearing permit
25                 in respect of an area situated on the land; and
            (c) a condition to which the clearing permit is
                   subject is contravened,
           the permit holder is to be regarded as having caused the
           contravention unless the contrary is proved.




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                (7)   In subsection (6) --
                      "corporation" has the meaning given by the
                           Corporations Act 2001 of the Commonwealth;
                      "subsidiary" has the meaning given by the
5                          Corporations Act 2001 of the Commonwealth.

          51S.        Clearing injunctions
                (1)   In this section --
                      "contravention" includes the continuation of a
                           contravention;
10                    "court" means the Supreme Court;
                      "improper conduct" means an act or omission
                           constituting a contravention of, or involvement in
                           a contravention of, section 51C or 51J;
                      "involvement in a contravention" means --
15                         (a) aiding, abetting, counselling, or procuring
                                 the contravention;
                           (b) inducing the contravention, whether by
                                 threats or promises or otherwise;
                           (c) being in any way, directly or indirectly,
20                               knowingly concerned in, or party to, the
                                 contravention;
                           (d) conspiring with others to effect the
                                 contravention; or
                           (e) attempting to do anything constituting
25                               involvement in a contravention under
                                 paragraph (a), (b), (c) or (d).

                (2)   Without limiting any other power the court may have
                      to grant injunctive relief, it is declared that the court
                      may grant an injunction to prevent a person from
30                    engaging in improper conduct (a "clearing
                      injunction").

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       (3)     The CEO may apply for a clearing injunction.
       (4)     A clearing injunction may be granted if the court is
               satisfied that it would be appropriate to grant the
               injunction --
5                   (a) whether or not it is proved that the person
                           intends to engage, or to engage again, or to
                           continue to engage, in improper conduct of
                           the kind sought to be prevented by the
                           injunction; and
10                  (b) whether or not the person has previously
                           engaged in improper conduct of that kind.
       (5)     An interim clearing injunction may be granted before
               final determination of an application for a clearing
               injunction.
15     (6)     The court is not to require, as a condition of granting
               an interim clearing injunction, that an undertaking be
               given as to damages or costs.
       (7)     The taking of proceedings against any person for an
               offence under this Act is not affected by --
20               (a) the making of an application for a clearing
                      injunction;
                 (b) the grant or refusal of a clearing injunction or
                      an interim clearing injunction; or
                 (c) the rescission, variation, or expiry of a clearing
25                    injunction or an interim clearing injunction.

     51T.      Other requirements not affected
       (1)     Despite section 5, the operation of any other enactment
               under which a permit, permission, licence, approval or
               other authorisation is required in relation to the
30             clearing of vegetation is not affected by --
                 (a) this Division; or

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                         (b)    the grant of a clearing permit under this
                                Division,
                        and this Division has effect in addition to that
                        enactment.
5                 (2)   In subsections (3) and (4) --
                        "commencement day" means the day on which
                             section 110 comes into operation;
                        "EP Act" means the Environmental Protection
                             Act 1986 as amended by this Act.
10                (3)   Despite section 51B of the EP Act, the Governor may
                        make regulations declaring --
                         (a) an area of the State specified in the notice; or
                         (b) an area of the State of a class specified in the
                               notice,
15                      to be an environmentally sensitive area for the
                        purposes of Part V Division 2 of the EP Act.
                  (4)   Regulations under subsection (3) --
                         (a) cannot be made after the expiration of the
                               period of 3 months after the commencement
20                             day; and
                         (b) expire on the expiration of the period of
                               9 months after the commencement day.
                                                                                 ".
     111.         Section 70 replaced and transitional provisions
25       (1)      Section 70 is repealed and the following section is inserted
                  instead --
     "
            70.         Vegetation conservation notices
                  (1)   In this section --
30                      "specified" means specified by the CEO in the
                             vegetation conservation notice concerned;

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           "unlawful clearing" means anything constituting a
               contravention of section 51C or 51J.
     (2)   If the CEO suspects on reasonable grounds --
             (a) that unlawful clearing is likely to take place on
5                  any land; or
             (b) that unlawful clearing is taking place or has
                   taken place on any land,
           the CEO may cause a notice (a "vegetation
           conservation notice") to be given requiring a person
10         bound by it to ensure that no unlawful clearing, or no
           further unlawful clearing, takes place on the land.
     (3)   A vegetation conservation notice may be given to one
           or more of the following --
             (a) the owner of the land;
15           (b) the occupier of the land;
             (c) a person other than the owner or occupier of the
                  land, if the CEO considers that it is practicable
                  for that person to comply with and give effect
                  to the vegetation conservation notice.
20   (4)   A vegetation conservation notice --
            (a) is to specify --
                    (i) the name and address of the person to
                         whom it is given; and
                   (ii) the reason for which it is given;
25                and
            (b) in the case of a vegetation conservation notice
                  given under subsection (2)(b), may require any
                  person bound by it to take such specified
                  measures as the CEO considers necessary for
30                one or more of the following purposes --
                    (i) to repair any damage caused by the
                         clearing;

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                               (ii) to re-establish and maintain vegetation
                                    on any area affected by the clearing to a
                                    condition as near as possible to the
                                    condition of the vegetation before the
5                                   clearing occurred;
                             (iii) to prevent the erosion, drift or
                                    movement of sand, soil, dust or water;
                             (iv) to ensure that specified land, or a
                                    specified watercourse or wetland
10                                  (within the meaning of the Rights in
                                    Water and Irrigation Act 1914) will not
                                    be damaged or detrimentally affected, or
                                    further damaged or detrimentally
                                    affected, by the clearing,
15                           within or for the duration of a specified period.
                (5)   Before a vegetation conservation notice containing a
                      requirement under subsection (4)(b) is given to a
                      person the CEO shall, by written notice given to the
                      person, invite the person to make submissions to the
20                    CEO within such period as is specified in that notice on
                      any matter relevant to the determination of whether or
                      not the person should have to take the specified
                      measures.
                (6)   The CEO shall consider any such submissions that are
25                    received from the person within the specified period.
                (7)   A vegetation conservation notice --
                       (a) while it subsists, binds each person to whom it
                             is given; and
                       (b) if it is, and while it remains, registered under
30                           section 66 (as applied by subsection (9)), binds
                             each successive owner or occupier of the land
                             to which it relates.



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            (8)   Subsections (4) to (7) of section 65 apply in relation to
                  vegetation conservation notices as if references in those
                  subsections to an environmental protection notice were
                  references to a vegetation conservation notice.
5           (9)   If the person, or at least one of the persons, to whom a
                  vegetation conservation notice is given is the owner or
                  occupier of the land, sections 66, 67 and 68 apply in
                  relation to the vegetation conservation notice as if
                  references in those sections to an environmental
10                protection notice were references to a vegetation
                  conservation notice.
           (10)   If action required by a vegetation conservation notice
                  to be taken has not been taken, the CEO may --
                    (a) cause that action to be taken; and
15                  (b) recover the cost of the taking of that action
                          from any person bound by the notice by action
                          in a court of competent jurisdiction as a debt
                          due to the Crown.
           (11)   Any cost recovered under subsection (10)(b) is to be
20                paid into the Consolidated Fund.
                                                                              ".
     (2)    In subsections (3) to (5) --
            "CEO" has the same meaning as it has in the EP Act;
            "EP Act" means the Environmental Protection Act 1986 as
25               amended by this Act;
            "transitional period" means the period beginning on
                26 June 2002 and ending on the day before the day on
                which this section comes into operation;




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                "unlawful clearing" means anything within the meaning of
                    "clearing" in Part V Division 2 of the EP Act that --
                    (a) constituted, at the time when the thing was done, a
                          contravention of --
5                            (i) section 28 or 35 of the Soil and Land
                                  Conservation Act 1945;
                            (ii) the Soil and Land Conservation (Clearing
                                  Control) Regulations 1991 or regulation 4 or
                                  5 of the Soil and Land Conservation
10                                Regulations 1992;
                           (iii) section 109, 110, 111 or 267(2)(c) or (f) of the
                                  Land Administration Act 1997; or
                           (iv) section 12B of the Country Areas Water
                                  Supply Act 1947;
15                        or
                    (b) would have constituted a contravention of section
                          41A of the EP Act if that section had been inserted
                          into the EP Act before the thing was done,
                    but does not include clearing of a kind set out in Schedule 6
20                  to the EP Act.
        (3)     If the CEO suspects on reasonable grounds that unlawful
                clearing has taken place on any land during the transitional
                period, the CEO may cause a notice to be given under this
                subsection in respect of the land.
25      (4)     Section 70(3) to (11) and 74A of the EP Act apply in relation to
                a notice given under subsection (3) as if it were a vegetation
                conservation notice given under section 70(2)(b) of the EP Act
                and as if the reference to an offence in section 70(6) were a
                reference to an offence under an enactment mentioned in the
30              definition of "unlawful clearing" in subsection (2).
        (5)     Section 74A, Part VA and sections 89 and 103 of the EP Act
                apply in relation to a notice given under subsection (3) as if it


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              were a vegetation conservation notice given under
              section 70(2)(b) of the EP Act.

     112.     Section 101A inserted
              After section 101 the following section is inserted --
5    "
            101A.   Lodging of appeals in respect of clearing permits
              (1)   Subject to section 105, an applicant for --
                     (a) a clearing permit who is aggrieved by the
                           refusal of the CEO --
10                            (i) to grant the permit under
                                    section 51E(5); or
                             (ii) to grant the permit under section 51E(5)
                                    for all of the clearing applied for;
                           or
15                   (b) a clearing permit who is aggrieved by the
                           specification by the CEO of any condition in the
                           permit under section 51E(5) or 51N(2),
                    may within 28 days of being notified of that refusal or
                    specification, as the case requires, lodge with the
20                  Minister an appeal in writing setting out the grounds of
                    that appeal.
              (2)   Subject to section 105, the holder of a clearing permit
                    who is aggrieved by the amendment of the permit
                    under section 51K(1), or the revocation or suspension
25                  of the permit under section 51L(1), may within 28 days
                    of being notified of that amendment, revocation or
                    suspension lodge with the Minister an appeal in writing
                    setting out the grounds of that appeal.




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                (3)   A person who --
                       (a) not being an applicant referred to in
                             subsection (1), disagrees with a refusal or
                             specification referred to in that subsection; or
5                      (b) not being a holder referred to in subsection (2),
                             disagrees with an amendment, revocation or
                             suspension referred to in that subsection,
                      may within the period within which the applicant or
                      holder can lodge an appeal about that refusal,
10                    specification, revocation, suspension or amendment
                      lodge with the Minister an appeal in writing setting out
                      the grounds of that appeal.
                (4)   A person who disagrees with a decision of the CEO to
                      grant a clearing permit under section 51E(5) may
15                    within 21 days of that grant lodge with the Minister an
                      appeal in writing setting out the grounds of that appeal.
                (5)   Subsections (1)(a)(ii) and (b), (3)(a) and (4) do not
                      apply in relation to the grant of a permit pursuant to an
                      undertaking mentioned in section 51E(9).
20              (6)   Pending the determination of the relevant appeal
                      lodged under subsection (1), (2) or (3) in respect of a
                      refusal, specification, revocation or suspension, the
                      decision against which that appeal is lodged continues
                      to have effect.
25              (7)   Pending the determination of the relevant appeal
                      lodged under subsection (2) in respect of an
                      amendment, the amendment shall be deemed not to
                      have been made unless it reduces or restricts the extent
                      or method of clearing that may be done, in which case
30                    it continues to have effect.
                (8)   Pending the determination of the relevant appeal
                      lodged under subsection (3) in respect of an
                      amendment, the amendment continues to have effect.

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                     (9)       Pending the determination of the relevant appeal
                               lodged under subsection (4), the clearing permit shall
                               be deemed not to have been granted.
                                                                                          ".
5    113.            Section 105 amended
                     Section 105 is amended as follows:
                       (a) in paragraph (a) by inserting before "102" --
                            " 101A, ";
                      (b) after paragraph (a) by deleting "or" and inserting --
10                         "
                               (aa)   under section 101A(2) in respect of the
                                      amendment of a clearing permit by correcting it
                                      under section 51K(1)(e), (f), (g) or (h); or
                                                                                          ".
15   114.            Section 109 amended
                     After section 109(1) the following subsection is inserted --
                "
                    (1a)       In relation to an appeal lodged under section 101A(2)
                               in respect of the amendment of a clearing permit under
20                             section 51K(1)(a) or (b), an appeals committee shall
                               not consider, or make recommendations in respect of, a
                               matter which is not directly related to or consequential
                               to that amendment.
                                                                                          ".
25   115.            Schedule 1 amended
       (1)           Before Schedule 1 Part 1 Division 1 item 9 the following item is
                     inserted --
            "
                      8D                51C           $250 000        $50 000
                                                                                          ".


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         (2)         Before Schedule 1 Part 1 Division 2 item 9 the following item is
                     inserted --
            "
                      8D            51C             $500 000           $100 000
                                                                                          ".
5        (3)         Before Schedule 1 Part 2 Division 1 item 2 the following item is
                     inserted --
            "
                      1E            51J(1)          $62 500            $12 500
                                                                                          ".
         (4)         Before Schedule 1 Part 2 Division 2 item 2 the following item is
10                   inserted --
            "
                      1E            51J(1)          $125 000           $25 000
                                                                                          ".

     116.            Schedules 5 and 6 inserted
                     After Schedule 4 the following Schedules are inserted --
15   "
                           Schedule 5 -- Principles for clearing
                                    native vegetation
                                                                                    [s. 51A]

                1.         Principles
20                         Native vegetation should not be cleared if --
                             (a)   it comprises a high level of biological diversity;
                             (b)   it comprises the whole or a part of, or is necessary
                                   for the maintenance of, a significant habitat for
                                   fauna indigenous to Western Australia;
25                           (c)   it includes, or is necessary for the continued
                                   existence of, rare flora;



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               (d)    it comprises the whole or a part of, or is necessary
                      for the maintenance of, a threatened ecological
                      community;
                (e)   it is significant as a remnant of native vegetation in
5                     an area that has been extensively cleared;
                (f)   it is growing in, or in association with, an
                      environment associated with a watercourse or
                      wetland;
               (g)    the clearing of the vegetation is likely to cause
10                    appreciable land degradation;
               (h)    the clearing of the vegetation is likely to have an
                      impact on the environmental values of any adjacent
                      or nearby conservation area;
                (i)   the clearing of the vegetation is likely to cause
15                    deterioration in the quality of surface or
                      underground water; or
                (j)   the clearing of the vegetation is likely to cause, or
                      exacerbate, the incidence or intensity of flooding.

     2.      Definitions
20           In this Schedule --
             "conservation area" means a conservation park, national
                 park, nature reserve, marine nature reserve, marine
                 park or marine management area within the meaning of
                 the Conservation and Land Management Act 1984 or
25               any other land or waters reserved, protected or
                 managed for the purpose of, or purposes including,
                 nature conservation;
             "rare flora" has the same meaning as it has in section 23F
                 of the Wildlife Conservation Act 1950;
30           "threatened ecological community" means an ecological
                 community listed, designated or declared under a
                 written law or a law of the Commonwealth as
                 threatened, endangered or vulnerable;
             "watercourse" has the same meaning as it has in the Rights
35               in Water and Irrigation Act 1914;


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                   "wetland" means an area of seasonally, intermittently or
                       permanently waterlogged or inundated land, whether
                       natural or otherwise, and includes a lake, swamp,
                       marsh, spring, dampland, tidal flat or estuary.

5          Schedule 6 -- Clearing for which a clearing permit
                           is not required
                                                                            [s. 51C]
          1.       Clearing that is done in order to give effect to a requirement
                   to clear under a written law.
10        2.       Clearing that is done --
                     (a)   in the implementation of a proposal in accordance
                           with an implementation agreement or decision;
                     (b)   in the case of a proposal that --
                              (i)   was made under an assessed scheme; and
15                           (ii)   because of section 48I(2), was not referred
                                    to the Authority,
                           in the implementation of the proposal in accordance
                           with a subdivision approval, a development
                           approval or a planning approval given by the
20                         responsible authority;
                     (c)   in accordance with --
                              (i) a prescribed standard;
                             (ii) a works approval;
                            (iii)   a licence;
25                          (iv)    a requirement contained in a closure notice,
                                    an environmental protection notice or a
                                    prevention notice;
                             (v)    an approved policy;
                            (vi)    a declaration under section 6;
30                          (vii)   an exemption under section 75; or




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                      (viii)   a licence, permit, approval or exemption
                               granted, issued or given under the
                               regulations;
                               or
5              (d)    in the exercise of any power conferred under this
                      Act.
     3.      Clearing by the Department, within the meaning of the
             Conservation and Land Management Act 1984, in the
             performance of its function under section 33(1)(a) of that
10           Act of managing land, but, in the case of land referred to in
             section 33(1)(a)(i), only if the management is carried out in
             accordance with section 33(3).
     4.      Clearing authorised under a licence --
               (a)    referred to in paragraph (a); or
15             (b)    granted under paragraph (b),
             of section 3(1) of the Sandalwood Act 1929.
     5.      Clearing consisting of the taking of flora --
                (a)   as authorised under a licence under section 23C of
                      the Wildlife Conservation Act 1950; or
20             (b)    as consented to under section 23F of the Wildlife
                      Conservation Act 1950 by the Minister
                      administering that Act.
     6.      Clearing consisting of the taking of flora by a person
             authorised --
25              (a)   by subsection (1)(a); or
               (b)    under subsection (1)(b),
             of section 23D of the Wildlife Conservation Act 1950 for the
             purposes of sale under a licence issued under that section.
     7.      Clearing under the Forest Products Act 2000, of vegetation
30           maintained, or established and maintained, under
             section 10(1)(g) of that Act.
     8.      Clearing under a production contract or road contract
             entered into and having effect under the Forest Products
             Act 2000.

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          9.       Clearing in accordance with a subdivision approval given by
                   the responsible authority under the Town Planning and
                   Development Act 1928, including --
                     (a)   clearing for the purposes of any development that is
5                          deemed by section 20D of that Act to have been
                           approved by the responsible authority; and
                     (b)   clearing in any building envelope described in the
                           approved plan or diagram.
          10.      Clearing that is done --
10                   (a)   as permitted under section 17(5);
                     (b)   in accordance with a permit obtained under
                           section 18;
                     (c)   in accordance with permission granted under
                           section 21(2);
15                   (d)   under section 22(2), 23, 26A, 39(1)(d) or 44(1)(c);
                           or
                     (e)   as authorised by a proclamation under section 26,
                   of the Bush Fires Act 1954.
          11.      Clearing that is done under section 34(a), (c) or (h) of the
20                 Fire Brigades Act 1942.
          12.      Clearing that is done for fire prevention or control purposes
                   or other fire management works on Crown land, within the
                   meaning of the Land Administration Act 1997, by the Fire
                   and Emergency Services Authority of Western Australia
25                 established under the Fire and Emergency Services
                   Authority of Western Australia Act 1998.
          13.      Clearing caused by the grazing of stock on land under a
                   pastoral lease within the meaning of the Land
                   Administration Act 1997 as long as that grazing is not in
30                 breach of --
                     (a)   that Act;
                     (b)   the pastoral lease; or
                     (c)   any relevant condition set or determination made by
                           the Pastoral Board under Part 7 of that Act.


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            14.        Clearing of aquatic vegetation that occurs under the
                       authority of a licence or permit within the meaning of the
                       Fish Resources Management Act 1994.
                                                                                    ".

5    Division 2 -- Consequential repeal and amendment of Soil and
                   Land Conservation Regulations
     117.         Soil and Land Conservation (Clearing Control)
                  Regulations 1991 repealed
                  The Soil and Land Conservation (Clearing Control)
10                Regulations 1991 are repealed.

     118.         Soil and Land Conservation Regulations 1992 amended
       (1)        The amendments in this section are to the Soil and Land
                  Conservation Regulations 1992*.
                  [* Published in Gazette 17 June 1992.
15                   For subsequent amendments see 2001 Index to Legislation of
                     Western Australia, Table 4, p. 316.]
       (2)        Regulation 2 is amended by deleting the definition of "to clear".
       (3)        Regulation 4 is repealed.
       (4)        Schedule 2 Form 1 is deleted.
20     (5)        Schedule 3 is deleted.

     119.         Transitional provisions
       (1)        In this section --
                  "Authority" has the same meaning as it has in the EP Act;
                  "commencement day" means the day on which section 110
25                     comes into operation;
                  "EP Act" means the Environmental Protection Act 1986 as
                       amended by this Act;


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                "regulation 4 notice" means a notice of intention under
                    regulation 4 of the Soil and Land Conservation
                    Regulations 1992.
        (2)     This subsection applies to clearing if --
5                 (a)   a regulation 4 notice relating to the clearing was given
                        not less than 90 days before the commencement day;
                 (b)    the clearing was or is commenced not more than 2 years
                        after the giving of the notice and is completed not more
                        than 2 years after the commencement day;
10                (c)   the clearing was not referred to the Authority as a
                        proposal under Part IV of the EP Act, or was so referred
                        and not accepted by the Authority; and
                 (d)    a soil conservation notice, within the meaning of
                        section 31 of the Soil and Land Conservation Act 1945,
15                      has not been served in respect of the clearing.
        (3)     For the purposes of sections 51C and 74B of the EP Act,
                clearing to which subsection (2) applies is to be regarded as
                being clearing of a kind set out in Schedule 6 to the EP Act.
        (4)     Subject to subsection (5), a regulation 4 notice given less than
20              90 days before the commencement day is to be regarded as
                being an application for a clearing permit made in accordance
                with section 51E(1) and (2) of the EP Act.
        (5)     Subsection (4) does not apply to a regulation 4 notice unless the
                fee prescribed under the EP Act for the purposes of this
25              subsection is paid.

     120.       Wildlife Conservation Act 1950 sections 16 and 23D amended
        (1)     The amendments in this section are to the Wildlife Conservation
                Act 1950.
                [* Reprinted as at 20 November 1998.
30                 For subsequent amendments see Act No. 6 of 2002.]



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     (2)        After section 16(1) the following subsection is inserted --
           "
               (1a)     In the case of fauna other than fauna in respect of
                        which a declaration under section 14(2)(ba) is in
5                       operation, subsection (1) does not apply to the taking
                        of fauna incidental to clearing referred to in
                        section 51C(a), (b) or (c) of the Environmental
                        Protection Act 1986.
                                                                                  ".
10   (3)        Section 23D(5) is amended by deleting "subsection (6)" and
                inserting instead --
                "     subsections (6) and (7)   ".
     (4)        After section 23D(6) the following subsections are inserted --
           "
15              (7)     In considering an application under subsection (3) the
                        Minister shall have regard to the principles set out in
                        Schedule 5 to the Environmental Protection Act 1986
                        and shall not issue a licence if the taking of the
                        protected flora to which the licence would relate would
20                      be seriously at variance with those principles.
                (8)     Subsection (7) does not apply if the taking of the
                        protected flora to which the licence would relate is
                        authorised by a clearing permit granted and in force
                        under Part V Division 2 of the Environmental
25                      Protection Act 1986.
                                                                                  ".




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     s. 121



                           Part 10 -- Miscellaneous
     121.       Section 3 amended
         (1)    Section 3(1) is amended as set out in Schedule 1.
         (2)    Section 3(2a) is amended as follows:
5                (a) in paragraph (a) by deleting "activity" and inserting
                       instead --
                       " an activity ";
                 (b) in paragraph (b) by deleting "strata plan," and inserting
                       instead --
10                     " a strata plan, ".

     122.       Section 4A inserted
                After section 4 the following section is inserted --
     "
              4A.    Object and principles of Act
15                   The object of this Act is to protect the environment of
                     the State, having regard to the following principles --
                                           Table
                      1. The precautionary principle
                         Where there are threats of serious or irreversible
                         damage, lack of full scientific certainty should not be
                         used as a reason for postponing measures to prevent
                         environmental degradation.
                         In the application of the precautionary principle,
                         decisions should be guided by --
                         (a) careful evaluation to avoid, where practicable,
                              serious or irreversible damage to the
                              environment; and
                         (b) an assessment of the risk-weighted
                              consequences of various options.


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                                                           s. 122



2. The principle of intergenerational equity
   The present generation should ensure that the health,
   diversity and productivity of the environment is
   maintained or enhanced for the benefit of future
   generations.
3. The principle of the conservation of biological
   diversity and ecological integrity
   Conservation of biological diversity and ecological
   integrity should be a fundamental consideration.
4. Principles relating to improved valuation, pricing
   and incentive mechanisms
   (1) Environmental factors should be included in the
        valuation of assets and services.
   (2) The polluter pays principle -- those who
        generate pollution and waste should bear the
        cost of containment, avoidance or abatement.
   (3) The users of goods and services should pay
        prices based on the full life cycle costs of
        providing goods and services, including the use
        of natural resources and assets and the ultimate
        disposal of any wastes.
   (4) Environmental goals, having been established,
        should be pursued in the most cost effective
        way, by establishing incentive structures,
        including market mechanisms, which enable
        those best placed to maximise benefits and/or
        minimise costs to develop their own solutions
        and responses to environmental problems.
5. The principle of waste minimisation
   All reasonable and practicable measures should be
   taken to minimise the generation of waste and its
   discharge into the environment.
                                                              ".




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     123.         Section 5 amended
        (1)       Section 5(1) is amended by deleting "(1) Subject to
                  subsection (2), whenever" and inserting instead --
                  "     Whenever   ".
5       (2)       Section 5(2) and (3) are repealed.

     124.         Section 12 amended
        (1)       Section 12(2) is repealed.
        (2)       Section 12(3) is amended by deleting "that interest exists." and
                  inserting instead --
10                " the Authority member has that interest.     ".
        (3)       Section 12(4) is amended by deleting "and the Authority
                  member may take part in the consideration or discussion of the
                  matter, but shall not vote thereon".
        (4)       After section 12(4) the following subsection is inserted --
15            "
                  (5)    If an Authority member discloses an interest in a matter
                         under subsection (1) or is determined under
                         subsection (3) to have an interest in a matter, the
                         Authority member shall not --
20                         (a) take part, as an Authority member, in the
                                 consideration or discussion of the matter; or
                           (b) vote on the matter.
                                                                                    ".




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                                                                                     s. 125



     125.         Section 16 amended
                  After section 16(d) the following paragraph is inserted --
                         "
                             (da)   to advise the Minister on the making or
5                                   amendment of regulations when requested by
                                    the Minister to do so or on its own initiative;
                                                                                        ".

     126.         Section 23 repealed
                  Section 23 is repealed.

10   127.         Section 81A amended
       (1)        Section 81A(2) is amended by deleting "Any equipment" and
                  inserting instead --
                  "     Subject to subsection (2a), any equipment       ".
       (2)        After section 81A(2) the following subsections are inserted --
15           "
                 (2a)        The CEO may require the person who appears or has
                             been determined to be entitled to possession of
                             equipment seized under subsection (1) to pay to the
                             CEO the reasonable costs of seizing and storing the
20                           equipment, and the equipment is not required to be
                             delivered under subsection (2) until those costs have
                             been paid.
                 (2b)        A person is not to be required to pay costs under
                             subsection (2a) if that person shows to the satisfaction
25                           of the CEO that he or she did not use or cause or allow
                             to be used the equipment in the way that caused the
                             equipment to emit the unreasonable noise that resulted
                             in the seizure of the equipment.




                                                                                page 155
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     Part 10        Miscellaneous

     s. 128



              (2c)     If a person refuses to pay, or fails to pay within such
                       reasonable time as is specified by the CEO, the
                       reasonable cost of seizing and storing the equipment,
                       the equipment may be disposed of in accordance with
5                      the regulations.
                                                                                   ".

     128.       Section 99 amended
                Section 99(1) is amended as follows:
                  (a) in paragraph (a) by inserting after "premises" --
10                     " or a vehicle ";
                 (b) in paragraph (c) by inserting after "premises" --
                       " or vehicle ".

     129.       Section 99A amended
                Section 99A(1)(b) is deleted.

15   130.       Section 99J amended
                Section 99J(1) is amended by inserting after "An inspector" --
                "
                       or, in the case of an alleged infringement notice offence
                       in respect of which a prosecution may be instituted by a
20                     police officer without the consent of the CEO, a police
                       officer
                                                                                   ".

     131.       Section 99K amended
                Section 99K(3) is amended by deleting "a Tier 3 offence" and
25              inserting instead --
                "    an infringement notice offence   ".




     page 156
                                 Environmental Protection Amendment Bill 2002
                                                  Miscellaneous      Part 10

                                                                           s. 132



     132.      Section 111A inserted and Schedule 1 amended
         (1)   After section 111 the following section is inserted --
     "
            111A.    Victimisation
5              (1)   A person who for a reason described in
                     subsection (2) --
                       (a) prejudices, or threatens to prejudice, the safety
                             or career of another person;
                       (b) intimidates or harasses, or threatens to
10                           intimidate or harass, another person; or
                       (c) takes, or threatens to take, detrimental action
                             against another person,
                     commits an offence.
               (2)   The reasons referred to in subsection (1) are that the
15                   other person or a member of the other person's
                     family --
                       (a) has furnished, is furnishing, or will or may in
                             the future furnish, information or assistance --
                                (i) in the course of, or for the purpose of,
20                                   an inspection or investigation under this
                                     Act; or
                               (ii) to the CEO for a purpose relating to the
                                     administration of this Act;
                             or
25                     (b) has made, or will or may in the future make, an
                             appropriate disclosure of information that tends
                             to show that another person is, has been, or
                             proposes to be involved in an offence under this
                             Act.




                                                                        page 157
     Environmental Protection Amendment Bill 2002
     Part 10        Miscellaneous

     s. 133



                  (3)    In subsection (1) --
                         "detrimental action" includes action causing,
                              comprising or involving --
                              (a) damage or loss;
5                             (b) adverse discrimination, disadvantage, or
                                   adverse treatment in relation to a person's
                                   career, profession, employment, trade or
                                   business; or
                              (c) a reprisal.
10                (4)    For the purposes of this section, a reference to an
                         appropriate disclosure of information is a reference to a
                         disclosure of information if, and only if, the disclosure
                         is made in good faith and with an honest and
                         reasonable belief that the information is of sufficient
15                       significance to justify its disclosure so that its truth
                         may be investigated.
                                                                                     ".
        (2)       After Schedule 1 Part 2 Division 1 item 14 the following item is
                  inserted --
20            "
                        15           111A(1)        $62 500        $12 500
                                                                                     ".
        (3)       After Schedule 1 Part 2 Division 2 item 14 the following item is
                  inserted --
              "
                        15          111A(1)        $125 000        $25 000
25                                                                                   ".

     133.         Section 114 amended
        (1)       Section 114(1) is amended by deleting "acting with the consent
                  of the Minister".



     page 158
                                       Environmental Protection Amendment Bill 2002
                                                        Miscellaneous      Part 10

                                                                                   s. 134



         (2)       Section 114(1a) is amended as follows:
                    (a) by deleting "subsection (3)" and inserting instead --
                          " subsections (3) and (4) ";
                    (b) by deleting "acting with the consent of the Minister".
5        (3)       Section 114(2) is repealed.
         (4)       Section 114(3) is amended by inserting after "police officer" --
                   "     , or the chief executive officer of a local government,   ".
         (5)       After section 114(3) the following subsection is inserted --
               "
10                 (4)     If the CEO has delegated a power under section 65(1)
                           to a local government or the chief executive officer or
                           an employee of a local government, a prosecution for
                           an offence under section 65(5) in respect of a failure to
                           comply with a requirement contained in an
15                         environmental protection notice caused to be served
                           under section 65(1) by that local government, chief
                           executive officer or employee may be instituted by the
                           chief executive officer of the local government.
                                                                                        ".

20   134.          Section 114A inserted
                   After section 114 the following section is inserted --
     "
            114A.          Limitation periods
                   (1)     Despite section 51 of the Justices Act 1902, a
25                         complaint of a Tier 1 offence may be made at any time.
                   (2)     Despite section 51 of the Justices Act 1902, a
                           complaint of any other offence under this Act may be
                           made within 24 months of the time when the matter of
                           complaint arose.


                                                                               page 159
     Environmental Protection Amendment Bill 2002
     Part 10        Miscellaneous

     s. 135



                (3)   Despite section 51 of the Justices Act 1902 and
                      subsection (2), if a complaint of an offence to which
                      subsection (2) applies specifies the day on which
                      evidence of the alleged offence first came to the
5                     attention of a person authorised to institute the
                      prosecution under section 114 the complaint --
                        (a) may be made within 24 months after that day;
                              and
                        (b) need not contain particulars of the day on
10                            which the offence is alleged to have been
                              committed.
                (4)   The day on which evidence first came to the attention
                      of a person authorised to institute a prosecution under
                      section 114 is the day specified in the complaint, unless
15                    the contrary is shown.
                                                                                  ".
     135.       Section 118 replaced
                Section 118 is repealed and the following section is inserted
                instead --
20   "
              118.    Liability of body corporate and of directors and
                      managers of body corporate
                (1)   If a body corporate commits an offence under this Act
                      or the regulations, each person who is a director or who
25                    is concerned in the management of the body corporate
                      is taken to have also committed the same offence
                      unless the person proves that --
                         (a) the person did not know, and could not
                              reasonably be expected to have known, that the
30                            offence was being committed;




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                       Environmental Protection Amendment Bill 2002
                                        Miscellaneous      Part 10

                                                                  s. 135



            (b)    the person --
                      (i) was not in a position to influence the
                           conduct of the body corporate in
                           relation to the commission of the
5                          offence; or
                     (ii) being in such a position, used all due
                           diligence and reasonable precautions to
                           prevent the commission of the offence;
                   or
10           (c)   the body corporate would not have been found
                   guilty of the offence by reason of being able to
                   establish a defence available to it under this
                   Act.
     (2)   Under this section a person may be proceeded against
15         and convicted of an offence whether or not the body
           corporate has been proceeded against or convicted in
           respect of the commission of the offence.
     (3)   Nothing in this section prejudices or affects any
           liability imposed on a body corporate for an offence
20         committed by the body corporate against this Act or the
           regulations.
     (4)   Without limiting any other law or practice regarding
           the admissibility of evidence, evidence that an officer,
           employee or agent of a body corporate (while acting in
25         his or her capacity as such) had, at any particular time,
           a particular state of mind, is evidence that the body
           corporate had that state of mind.
                                                                       ".




                                                               page 161
     Environmental Protection Amendment Bill 2002
     Part 10        Miscellaneous

     s. 136



     136.       Section 121 replaced
                Section 121 is repealed and the following section is inserted
                instead --
     "
5             121.      Protection from liability
                (1)     An action in tort does not lie against a person for
                        anything that the person has done, in good faith, in the
                        performance or purported performance of a function
                        under this Act.
10              (2)     The protection given by subsection (1) applies even
                        though the thing done as described in that subsection
                        may have been capable of being done whether or not
                        this Act had been enacted.
                (3)     This section does not relieve the Crown of any liability
15                      that it might have for another person having done
                        anything as described in that subsection.
                (4)     In this section, a reference to the doing of anything
                        includes a reference to the omission to do anything.
                                                                                   ".

20   137.       Section 123 amended
                Section 123(1) is amended by deleting ", on the
                recommendation of the Authority,".

     138.       Schedule 2 amended
         (1)    Schedule 2 item 3 is amended by inserting after
25              "measurements" --
                "     and analysis of substances and things   ".




     page 162
                                         Environmental Protection Amendment Bill 2002
                                                          Miscellaneous      Part 10

                                                                                       s. 139



       (2)        Schedule 2 item 5 is amended as follows:
                   (a) in paragraph (b) by inserting after "results, of " --
                         " analysis referred to in item 3 or ";
                   (b) in paragraph (c) by inserting after "measurements" --
5                        " , analysis ";
                   (c) in paragraph (d) --
                           (i) by inserting after "such tests" --
                                " or analysis ";
                          (ii) by inserting after "measurements" --
10                              " , analysis ".
       (3)        After Schedule 2 item 30A the following items are inserted --
             "
                 30B.       Specifying the minimum and maximum permissible
                            concentrations or amounts of constituents of any matter that
15                          may be present in any substance or thing.
                 30C.       Prohibiting or regulating the manufacture, sale, distribution
                            for sale, use or operation of any prescribed substance or
                            thing or any substance or thing of a prescribed class or
                            description.
20                                                                                          ".
       (4)        Schedule 2 item 36 is amended by deleting "and inspection" and
                  inserting instead --
                  "     , inspection and production     ".

     139.         Schedule 3 amended
25                Schedule 3 item 20 is amended as follows:
                      (a)     by deleting "In any" and inserting instead --
                              "    (1) Subject to subitem (2), in any ";




                                                                                    page 163
     Environmental Protection Amendment Bill 2002
     Part 10        Miscellaneous

     s. 140



                      (b)    by inserting the following subitem --
              "
                  (2)       The Minister, by notice published in the Gazette, may
                            determine that a reference in any written law, agreement,
5                           deed or other instrument referred to in subitem (1) to "the
                            Department of Conservation and Environment" or "the
                            Department" shall be construed as a reference to the
                            Department of the Public Service of the State through which
                            this Act is administered, and the determination shall have
10                          effect accordingly.
                                                                                             ".

     140.         References to "Chief Executive Officer"
        (1)       Section 3(1) is amended as follows:
                   (a) by deleting the definition of "Chief Executive Officer";
15                 (b) by inserting in the appropriate alphabetical position the
                         following definition --
                  "
                            "CEO" means the chief executive officer of the
                               Department;
20                                                                                           ".
        (2)       In each place listed in the Table to this section "Chief Executive
                  Officer" is deleted and the following is inserted instead --
                  "     CEO ".
                                                Table
       s. 11(3) (twice)                                  s. 99(3) and (4) (twice)
       s. 20(1) (twice), (3) and (4)                     s. 99A(1)(a) and (c), (2) (twice)
                                                         and (4) (twice)
       s. 22(1) and (2)                                  s. 99B(3)
       s. 54(1)(a) and (c), (2) (twice),                 s. 99C
       (3) (twice), (4)
       s. 57(1)(a) and (c), (2) (3 times), (3)           s. 99D(1) (twice)
       (4 times) and (4)

     page 164
                           Environmental Protection Amendment Bill 2002
                                            Miscellaneous      Part 10

                                                                       s. 140



s. 60(1) and (2)                         s. 99E(3)
s. 64(1)(a) and (c) and (2) (twice)      s. 99F(1) (twice)
s. 65(4) (twice), (6) and (7)            s. 99I(1)
s. 66(1) and (3) (twice)                 s. 99R(2)
s. 67(a)                                 s. 99V(3)
s. 68                                    s. 99X(5)
s. 71(1), (2) and (4)                    s. 99Y(1) (twice)
s. 72(3)                                 s. 99ZA(4) and (5)
s. 73(3) (in the second place where it   s. 99ZB(3)
occurs)
s. 74(1)(b), (1a)(b) and (2)             s. 102(1)(a), (b) and (c)
s. 75(1), (3), (4) and (5)               s. 105(a)
s. 87(1) and (2) (twice)                 s. 110(1)
s. 88(1), (2), (3) (twice) and (6)       s. 110C(a)
s. 92B(1) (twice), (3) and (4) (twice)   s. 110L(2)(a)
s. 92C(1), (2) (3 times) and (5)         s. 112
s. 92D(1)                                s. 114(1), (1a) (twice), (1b)(a),
                                         (1c), (3)
s. 92E(1) and (2)                        s. 123(3)(a)
s. 92H(1), (2) and (3) (twice)           Schedule 3, clause 14(b)
s. 94(1)                                 Schedule 3, clause 20(g)
s. 95(1) (twice)                         Schedule 4, clause 1(a) and
                                         (b) (twice)
s. 96(1) (3 times) and (2) (twice)       Schedule 4, clause 14
s. 97(1)




                                                                   page 165
     Environmental Protection Amendment Bill 2002
     Part 10        Miscellaneous

     s. 141



     141.       Environmental Protection (Landfill) Levy Act 1998 amended
                Section 3(1) of the Environmental Protection (Landfill) Levy
                Act 1998* is amended by deleting the definition of "licensed
                premises" and inserting the following definition instead --
5               "
                     "licensed premises" means premises in respect of
                          which the occupier is required to hold a licence
                          under Part V of the principal Act and which are
                          used for the purpose of disposing of waste to
10                        landfill, whether or not a licence is in force;
                                                                               ".
                [* Act No. 11 of 1998.]

     142.       Control of Vehicles (Off-road Areas) Act 1978 amended
                Section 18(7)(b) of the Control of Vehicles (Off-road Areas)
15              Act 1978* is amended by deleting "the Department of
                Conservation and Environment and any other" and inserting
                instead --
                        "
                             the CEO within the meaning of the
20                           Environmental Protection Act 1986 and any
                                                                               ".
                [* Reprinted as at 5 March 1999.
                   For subsequent amendments see 2001 Index to Legislation of
                   Western Australia, Table 1, p. 75 and Act No. 7 of 2002.]




     page 166
                     Environmental Protection Amendment Bill 2002



                    Minor amendments to section 3(1)      Schedule 1



      Schedule 1 -- Minor amendments to section 3(1)
                                                           [s. 121(1)]
Definition          Amendment
analysis            Delete "means test" and insert instead --
                    " means a test ".
analyst             Delete "means analyst" and insert instead --
                    " means an analyst ".
applicant           Delete "means person" and insert instead --
                    " means the person ".
appeals committee   Delete "means appeals" and insert instead --
                    " means an appeals ".
approved policy     Delete "means draft" and insert instead --
                    " means a draft ".
assessed scheme
paragraph (a)       Delete "means scheme" and insert instead --
                    " means a scheme ".
paragraph (b)       Delete "includes scheme" and insert instead --
                    " includes a scheme ".
paragraph (c)       Delete "include scheme" and insert instead --
                    " include a scheme ".
Authority           Delete "means Environmental" and insert
                    instead --
                    " means the Environmental ".
Authority member    Delete "means person" and insert instead --
                    "   means a person ".
                    Delete "includes Chairman" and insert instead --
                    " includes the Chairman ".




                                                            page 167
Environmental Protection Amendment Bill 2002



Schedule 1        Minor amendments to section 3(1)



 authorised person          Delete "means person" and insert instead --
                            " means a person ".
                            Delete "includes Chief Executive Officer" and
                            insert instead --
                            " includes the CEO ".
 beneficial use             Delete "means use" and insert instead --
                            " means a use ".
 committee of inquiry       Delete "means committee" and insert instead --
                            " means a committee ".
 condition                  Delete "includes restriction" and insert instead --
                            " includes a restriction ".
 decision-making            Delete "means public" and insert instead --
 authority                  " means a public ".
 Department                 Delete "means department" and insert instead --
                            " means the department ".
 draft policy               Delete "means draft" and insert instead --
                            " means a draft ".
 driver
 paragraph (b)              Delete "means pilot" and insert instead --
                            " means the pilot ".
 paragraph (c)              Delete "means master" and insert instead --
                            " means the master ".
 equipment                  Delete "means apparatus" and insert instead --
                            " means any apparatus ".
 final approval
 paragraph (a)              Delete "means approval" and insert instead --
                            " means an approval ".
 paragraph (aa)             Delete "means approval" and insert instead --
                            " means an approval ".
 paragraph (ab)             Delete "means approval" and insert instead --
                            "   means an approval ".


page 168
                          Environmental Protection Amendment Bill 2002



                          Minor amendments to section 3(1)      Schedule 1



paragraph (ac)            Delete "means approval" and insert instead --
                          " means an approval ".
paragraph (b)             Delete "means approval" and insert instead --
                          " means an approval ".
paragraph (c)             Delete "means approval" and insert instead --
                          " means an approval ".
paragraph (d)             Delete "means approval" and insert instead --
                          " means an approval ".
paragraph (e)             Delete "means approval" and insert instead --
                          " means an approval ".
paragraph (f)             Delete "means approval" and insert instead --
                          " means an approval ".
fuel burning equipment    Delete "or open" and insert instead --
                          " or an open ".
inspector                 Delete "means person" and insert instead --
                          " means a person ".
                          Delete "includes Chief Executive Officer" and
                          insert instead --
                          " includes the CEO ".
licence                   Delete "means licence" and insert instead --
                          " means a licence ".
licensee                  Delete "means holder" and insert instead --
                          " means the holder ".
occupier
paragraph (a)             Delete "means person" and insert instead --
                          " means a person ".
paragraph (b)             Delete "part, person" and insert instead --
                          "   part, a person ".
period of public review
paragraph (a)             Delete "means period" and insert instead --
                          "   means the period ".


                                                                   page 169
Environmental Protection Amendment Bill 2002



Schedule 1          Minor amendments to section 3(1)



 paragraph (aa)               Delete "means period" and insert instead --
                              " means the period ".
 paragraph (ab)               Delete "means period" and insert instead --
                              " means the period ".
 paragraph (ac)               Delete "means period" and insert instead --
                              " means the period ".
 paragraph (b)                Delete "means period" and insert instead --
                              " means the period ".
 paragraph (c)                Delete "means period" and insert instead --
                              " means the period ".
 paragraph (d)                Delete "means period" and insert instead --
                              " means the period ".
 paragraph (e)                Delete "means period" and insert instead --
                              " means the period ".
 paragraph (f)                Delete "means period" and insert instead --
                              " means the period ".
 proponent                    Delete "means person" and insert instead --
                              " means the person ".
                              Delete "or public" and insert instead --
                              " or the public ".
 proposal                     Delete "means project" and insert instead --
                              " means a project ".
 proposal under an            Delete "means application" and insert instead --
 assessed scheme              " means an application ".
 public authority             Delete "means Minister" and insert instead --
                              " means a Minister ".
 public place                 Delete "means place" and insert instead --
                              " means a place ".
 responsible authority
 paragraph (a)(i)             Delete "means East" and insert instead --
                              " means the East ".


page 170
                       Environmental Protection Amendment Bill 2002



                       Minor amendments to section 3(1)     Schedule 1



paragraph (a)(ia)      Delete "means Midland" and insert instead --
                       " means the Midland ".
paragraph (a)(ic)      Delete "means Armadale" and insert instead --
                       " means the Armadale ".
paragraph (a)(ii)      Delete "means Subiaco" and insert instead --
                       " means the Subiaco ".
paragraph (a)(iii)     Delete "means Western" and insert instead --
                       " means the Western ".
paragraph (a)(iv)      Delete "means Western" and insert instead --
                       " means the Western ".
paragraph (a)(v)       Delete "means local authority within the meaning
                       of the Town Planning and Development Act 1928"
                       and insert instead --
                       " means the local government ".
paragraph (a)(vi)      Delete "means Western" and insert instead --
                       " means the Western ".
paragraph (b)(i)       Delete "means Western" and insert instead --
                       " means the Western ".
paragraph (b)(ii)      Delete "means local authority (as defined by the
                       Town Planning and Development Act 1928)" and
                       insert instead --
                       " means the local government ".
responsible Minister   Delete "means Minister" and insert instead --
                       " means the Minister ".
scheme                 Delete the definition and insert instead --
                       "
                          "scheme" means --
                              (a) a redevelopment scheme
                                  within the meaning of the
                                  East Perth Redevelopment
                                  Act 1991, or an amendment
                                  to such a redevelopment
                                  scheme;


                                                               page 171
Environmental Protection Amendment Bill 2002



Schedule 1     Minor amendments to section 3(1)



                                 (b)   a redevelopment scheme
                                       within the meaning of the
                                       Midland Redevelopment
                                       Act 1999, or an amendment
                                       to such a redevelopment
                                       scheme;
                                 (c)   a master plan within the
                                       meaning of the Hope
                                       Valley-Wattleup
                                       Redevelopment Act 2000, or
                                       an amendment to such a
                                       master plan;
                                 (d)   a redevelopment scheme
                                       within the meaning of the
                                       Armadale Redevelopment
                                       Act 2001, or an amendment
                                       to such a redevelopment
                                       scheme;
                                 (e)   a redevelopment scheme
                                       within the meaning of the
                                       Subiaco Redevelopment
                                       Act 1994, or an amendment
                                       to such a redevelopment
                                       scheme;
                                 (f)   an amendment to the
                                       Metropolitan Region
                                       Scheme;
                                 (g)   a regional planning scheme,
                                       or an amendment to a
                                       regional planning scheme;
                                 (h)   a town planning scheme, or
                                       an amendment to a town
                                       planning scheme; or



page 172
                         Environmental Protection Amendment Bill 2002



                         Minor amendments to section 3(1)         Schedule 1



                                 (i)    a statement of planning policy
                                        to which section 5AA(8) of
                                        the Town Planning and
                                        Development Act 1928
                                        applies, or an amendment to
                                        such a statement;
                                                                     ".
the repealed Act         Delete the definition.
                         Insert in the appropriate alphabetical position the
                         following definition --
                         "
                              "repealed Act" means the
                                  Environmental Protection
                                  Act 1971;
                                                                           ".
the regulations          Delete the definition.
                         Insert in the appropriate alphabetical position the
                         following definition --
                         "
                              "regulations" means the regulations
                                  under section 123(1);
                                                                           ".
the Western Australian   Delete the definition.
Planning Commission
                         Insert in the appropriate alphabetical position the
                         following definition --
                         "
                              "Western Australian Planning
                                 Commission" means the Western
                                 Australian Planning Commission
                                 established by section 4 of the
                                 Western Australian Planning
                                 Commission Act 1985;
                                                                           ".




                                                                     page 173
Environmental Protection Amendment Bill 2002



Schedule 1        Minor amendments to section 3(1)



 trade                      Delete "means trade" and insert instead --
                            " means a trade ".
                            Delete "includes activity" and insert instead --
                            " includes an activity ".
 vehicle                    Delete "includes self-propelled" and insert
                            instead --
                            " includes a self-propelled ".
 works approval             Delete "means works approval" and insert
                            instead --
                            "   means a works approval ".




 


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