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


ENVIRONMENTAL PROTECTION AMENDMENT BILL 2020

                       Western Australia


Environmental Protection Amendment Bill 2020

                           Contents

         Part 1 -- Preliminary
   1.    Short title                                                2
   2.    Commencement                                               2
         Part 2 -- Environmental Protection
              Act 1986 amended
   3.    Act amended                                                3
   4.    Section 3 amended                                          3
   5.    Section 3A amended                                         8
   6.    Section 7 amended                                          8
   7.    Section 8 replaced                                        10
         8.       Independence of Authority and Chair         10
   8.    Section 11 replaced                                       10
         11.      Meetings of Authority                       10
   9.    Section 14 amended                                        12
   10.   Section 14A inserted                                      12
         14A.     Decision without meeting                    12
   11.   Section 16 amended                                        13
   12.   Section 17 amended                                        13
   13.   Section 26 amended                                        14
   14.   Section 32 amended                                        14
   15.   Sections 37B to 38A replaced                              15
         37B.     Terms used                                  15
         38.      Referral of proposals                       15
         38A.     Calling in a proposal                       16
         38B.     Requirements as to referrals                17
         38C.     Proponent may amend a referred proposal     17
         38D.     Proponent may give notice that a referred
                  proposal will not proceed                   18
         38E.     Proposals derived from assessed strategic
                  proposals                                   18
         38F.     Request for further information             20



                               181--1                               page i
Environmental Protection Amendment Bill 2020



Contents



             38G.     Authority must decide whether to assess a
                      referred proposal                            21
             38H.     Nomination of person responsible for
                      proposal                                     22
             38I.     Change of person responsible for
                      proposal                                     23
      16.    Section 39 replaced                                        24
             39.      Authority to keep records of referred
                      proposals                                    24
      17.    Sections 39A and 39B deleted                               24
      18.    Section 40 amended                                         25
      19.    Section 40AA inserted                                      26
             40AA.    Assessment of significant amendments         26
      20.    Section 40A amended                                        27
      21.    Section 40B replaced                                       28
             40B.     Application of assessment provisions to
                      strategic proposals and strategic
                      assessments                                  28
      22.    Section 41 amended                                         28
      23.    Section 41A amended                                        29
      24.    Section 42 amended                                         30
      25.    Section 43 amended                                         30
      26.    Section 43A replaced                                       31
             43A.     Amendments to proposals during
                      assessment                                   31
      27.    Section 44 amended                                         32
      28.    Sections 45 to 45C replaced                                32
             44A.     Terms used                                   32
             45.      Procedure for deciding if proposal may be
                      implemented                                  33
             45A.     Implementation conditions                    37
             45B.     Implementation of derived proposal           39
             45C.     Amending approved proposals or
                      implementation conditions without inquiry
                      or assessment                                40
             45D.     Division or consolidation of proposals and
                      issue of separate or combined Ministerial
                      statements                                   42
      29.    Section 46 amended                                         43
      30.    Section 46A amended                                        45
      31.    Sections 46B to 48 replaced                                46
             47.      Duties of proponents after service of
                      Ministerial statement                        46
             47A.     Duration and withdrawal of Ministerial
                      statement                                    47
             48.      Control of implementation of proposals       48


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                   Environmental Protection Amendment Bill 2020



                                                                 Contents



32.   Part IV Division 2A inserted                                  51
      Division 2A -- Payments relating to proposals
      48AA.     Fees and charges for referral and
                assessment of proposals                     51
33.   Section 48A amended                                           52
34.   Section 48BA inserted                                         52
      48BA.    Request for further information about a
               referred scheme                              52
35.   Section 48B amended                                           53
36.   Section 48C amended                                           53
37.   Section 48D amended                                           55
38.   Sections 48F and 48G deleted                                  55
39.   Sections 48EA, 48F and 48G inserted                           55
      48EA.    Terms used                                   55
      48F.     Procedure for agreeing or deciding on
               conditions to which schemes are to be
               subject                                      56
      48G.     Review of conditions in statements
               published under section 48F                  57
40.   Section 48H amended                                           58
41.   Section 48J amended                                           58
42.   Section 51 deleted                                            58
43.   Section 51A amended                                           59
44.   Sections 51B to 51D replaced                                  59
      51B.     Declaration of environmentally sensitive
               areas by regulation                          59
      51C.     Unauthorised clearing of native vegetation   60
      51D.     Section 51C(a) does not apply to certain
               land                                         60
      51DA.    Referral of proposed clearing to CEO for
               decision on whether a clearing permit
               should be obtained                           61
45.   Section 51E amended                                           63
46.   Section 51F replaced                                          65
      51F.     Effect of referred proposal on decisions
               about clearing                               65
47.   Section 51H amended                                           67
48.   Section 51I amended                                           67
49.   Section 51J amended                                           68
50.   Section 51K amended                                           68
51.   Sections 51KA and 51KB inserted                               69
      51KA.    Application to amend clearing permit         69
      51KB.    Effect of referred proposal on application
               to amend clearing permit                     70
52.   Section 51L amended                                           71

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Environmental Protection Amendment Bill 2020



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      53.    Section 51M amended                                          72
      54.    Section 51MA inserted                                        73
             51MA.     Surrendering clearing permit                  73
      55.    Section 51O amended                                          75
      56.    Section 51P amended                                          75
      57.    Section 51Q replaced                                         76
             51Q.      CEO to keep a record of clearing permits
                       and related matters                           76
      58.    Section 51R amended                                          76
      59.    Section 51S deleted                                          76
      60.    Part V Division 3 replaced                                   77
             Division 3 -- Licences
             Subdivision 1 -- Preliminary
             52.       Terms used                                    77
             53.       Purpose of licence                            78
             Subdivision 2 -- Requirement for licence
             53A.      Licence for controlled work                   79
             53B.      Licence for prescribed activity               79
             Subdivision 3 -- Applications
             53C.      Kinds of application                          80
             53D.      Requirements as to applications               80
             53E.      Consultation in respect of application for
                       licence or for amendment of licence           81
             Subdivision 4 -- Licence provisions
             54.       How applications are dealt with               82
             54A.      Duration of licence                           83
             55.       Amendment of licence                          84
             56.       Revocation or suspension of licence           86
             57.       Notice and submissions in respect of
                       proposed amendment, revocation or
                       suspension                                    87
             58.       Notice of amendment, revocation or
                       suspension                                    88
             58A.      Actions taken to give effect to decision on
                       appeal                                        88
             58B.      Effect of suspension                          88
             59.       Transfer of licence                           89
             60.       Surrender of licence                          90
             60A.      Effect of referred proposal on decisions
                       about licences                                90
             60B.      Relationship between licences and
                       approved policies                             91
             Subdivision 5 -- Conditions
             61.       Licence conditions                            93
             61A.      Some kinds of conditions                      94



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                                                                   Contents



      62.      Contravening licence conditions                97
      63.      Offences as to conditions by persons
               other than holder of licence                   97
      Subdivision 6 -- Miscellaneous
      64.      CEO to keep records of licences and
               related matters                                98
61.   Section 64A replaced                                           98
      64A.      CEO to keep records of notices                98
62.   Section 66 amended                                             98
63.   Section 68A amended                                            99
64.   Section 70 amended                                            100
65.   Part V Division 5 heading replaced                            102
      Division 5 -- Defences
66.   Sections 74 and 74A replaced                                  102
      74.       Defence of emergency or accident             102
      74A.      Defence of authority of this Act             104
67.   Sections 74C to 74E inserted                                  105
      74C.      Defence of due diligence                     105
      74D.      Defence of lack of knowledge of effect of
                licence                                      107
      74E.      Notice of defence                            107
68.   Part V Division 6 heading inserted                            107
      Division 6 -- General
69.   Section 86E amended                                           108
70.   Section 86G amended                                           108
71.   Part VB inserted                                              109
      Part VB -- Environmental protection covenants
      86H.      Terms used                                   109
      86I.      CEO may enter into environmental
                protection covenant                          110
      86J.      Form of environmental protection
                covenant                                     110
      86K.      Registration of environmental protection
                covenant                                     111
      86L.      Binding effect of environmental protection
                covenant                                     112
      86M.      Application for amendment of
                environmental protection covenant            112
      86N.      Amendment of environmental protection
                covenant                                     113
      86O.      Enforcement of environmental protection
                covenant                                     114
      86P.      Duties upon passing interests in affected
                land                                         114



                                                                    page v
Environmental Protection Amendment Bill 2020



Contents



             86Q.      Discharge of environmental protection
                       covenant                                     115
             86R.      Cancelling registration of memorial          116
      72.    Section 89 amended                                           117
      73.    Section 90 replaced                                          118
             89A.      Use of assistance and force                  118
             90.       Powers of inspectors to obtain information   119
      74.    Section 92F deleted                                          121
      75.    Section 92H amended                                          121
      76.    Section 99 amended                                           122
      77.    Part VIA Division 1 heading replaced                         122
             Division 1 -- Prescribed offences and modified
                    penalties
      78.    Section 99AA inserted                                        122
             99AA.     Term used: prescribed offence                122
      79.    Section 99A amended                                          123
      80.    Section 99E amended                                          124
      81.    Section 99J amended                                          124
      82.    Section 99Z amended                                          125
      83.    Part VIA Division 5 inserted                                 125
             Division 5 -- Injunctions
             99ZC.     Injunctions to prevent improper conduct      125
      84.    Section 100 amended                                          127
      85.    Section 101 amended                                          128
      86.    Section 102 replaced                                         130
             101B.     Appeals against decisions as to
                       environmental protection covenants           130
             102.      Appeals against decisions as to licences     130
      87.    Section 105 replaced                                         132
             105.      Matters on which appeals cannot be
                       lodged                                       132
      88.    Section 106 amended                                          133
      89.    Section 107 amended                                          133
      90.    Section 107B amended                                         134
      91.    Section 110 amended                                          134
      92.    Part VIIB inserted                                           135
             Part VIIB -- Environmental monitoring programmes
             Division 1 -- Preliminary
             110K.     Terms used                            135




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                    Environmental Protection Amendment Bill 2020



                                                                     Contents



       Division 2 -- Environmental monitoring programmes
       110L.     Regulations as to environmental
                 monitoring programmes                  135
       110M.     Funding for environmental monitoring
                 programmes                             136
       Division 3 -- Collection of levy
       110N.     Payment of levy                        137
       110O.     Financial assurance                    137
       110P.     Payment by instalments                 138
       110Q.     Penalty for non-payment                138
       110R.     Recovery of levy                       139
       110S.     Evading levy                           139
93.    Section 112 replaced                                           139
       112.     False information                              139
94.    Section 112A amended                                           140
95.    Section 114 amended                                            140
96.    Section 116A and 116B inserted                                 141
       116A.    Proof not required of certain matters          141
       116B.    Proof of remotely sensed images                142
97.    Section 120 amended                                            145
98.    Section 121B inserted                                          145
       121B.    Dealing with moneys paid or contributed
                under this Act                                 145
99.    Section 122B inserted                                          146
       122B.    Forms and other matters relating to
                documentation                                  146
100.   Part VIIIA inserted                                            147
       Part VIIIA -- Bilateral agreements with the
              Commonwealth
       124A.    Terms used                                     147
       124B.    Effect of Part                                 148
       124C.    Additional function of Authority               148
       124D.    Application for a matter to be dealt with as
                a bilateral matter                             148
       124E.    Performance of functions in respect of
                bilateral matters                              148
       124F.    Fees in relation to bilateral matters          150
       124G.    Disclosure of information for the purposes
                of bilateral agreements                        151
       124H.    Regulations                                    151
101.   Part IX Division 4 inserted                                    152
       Division 4 -- Transitional provisions for
              Environmental Protection Amendment
              Act 2020
       Subdivision 1 -- General provision
       133A.     Term used: amending Act                       152


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Environmental Protection Amendment Bill 2020



Contents



             Subdivision 2 -- Transitional provisions relating to
                   clearing matters
             133B.    Declaration of environmentally sensitive
                      areas                                        152
             133C.    Clearing permit applications                 153
             133D.    Clearing injunctions                         154
             Subdivision 3 -- Transitional provisions relating to
                   works approvals and licences
             133E.    Terms used                                   155
             133F.    Works approvals                              155
             133G.    Licences                                     156
             133H.    Existing applications for works approvals
                      or licences                                  157
             133I.    Existing applications as to existing works
                      approvals                                    157
             133J.    Existing applications as to existing
                      licences                                     157
             133K.    Appeals in respect of refusal to grant
                      works approvals and licences                 158
             133L.    Other appeals in respect of works
                      approvals and licences                       159
             Subdivision 4 -- Other matters
             133M.    Referred proposals                           160
             133N.    Chair and Deputy Chair                       162
             133O.    Transitional regulations                     162
             133P.    Interpretation Act 1984 not affected         164
      102.   Schedule 1 Part 1 Division 1 amended                        164
      103.   Schedule 1 Part 1 Division 2 amended                        164
      104.   Schedule 1 Part 2 Division 1 amended                        165
      105.   Schedule 1 Part 2 Division 2 amended                        165
      106.   Schedule 1 Part 2 Division 3 amended                        166
      107.   Schedule 1 Part 3 amended                                   167
      108.   Schedule 2 amended                                          167
      109.   Schedule 5 amended                                          169
      110.   Schedule 6 amended                                          169
      111.   Amendments as to gender neutral language                    171
      112.   Other provisions amended                                    177
             Part 3 -- Other Acts amended
      113.   Biodiversity Conservation Act 2016 amended                  179
      114.   Bush Fires Act 1954 amended                                 179
      115.   Contaminated Sites Act 2003 amended                         179
      116.   Mining Act 1978 amended                                     180



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                   Environmental Protection Amendment Bill 2020



                                                              Contents



117.   Waste Avoidance and Resource Recovery Act 2007
       amended                                                 180
118.   Waste Avoidance and Resource Recovery Levy
       Act 2007 amended                                        180
       6.      Liability to pay levy                    181




                                                               page ix
                           Western Australia


                     LEGISLATIVE ASSEMBLY


Environmental Protection Amendment Bill 2020

                               A Bill for


An Act to amend the Environmental Protection Act 1986 and to
consequentially amend other Acts.



The Parliament of Western Australia enacts as follows:




                                                               page 1
     Environmental Protection Amendment Bill 2020
     Part 1         Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Environmental Protection Amendment Act 2020.

4    2.       Commencement
5             This Act comes into operation as follows --
6              (a) Part 1 -- on the day on which this Act receives the
7                    Royal Assent;
8              (b) section 59 -- on the day on which section 83 comes into
9                    operation;
10             (b) the rest of the Act -- on a day fixed by proclamation,
11                   and different days may be fixed for different provisions.




     page 2
                                Environmental Protection Amendment Bill 2020
                       Environmental Protection Act 1986 amended      Part 2

                                                                             s. 3



1     Part 2 -- Environmental Protection Act 1986 amended
2    3.         Act amended
3               This Part amends the Environmental Protection Act 1986.

4    4.         Section 3 amended
5         (1)   In section 3(1) delete the definitions of:
6               applicant
7               bilateral agreement
8               Chairman
9               Deputy Chairman
10              implementation agreement or decision
11              implementation conditions
12              licensee
13              prescribed premises
14              proposal
15              works approval
16        (2)   In section 3(1) insert in alphabetical order:
17

18                    approved proposal means a proposal the
19                    implementation of which is authorised under a
20                    Ministerial statement;
21                    Chair means the Authority member appointed to be
22                    Chair of the Authority under section 7(4a);
23                    Commonwealth Environment Act means the
24                    Environment Protection and Biodiversity Conservation
25                    Act 1999 (Commonwealth);
26                    Deputy Chair means the Authority member
27                    appointed to be Deputy Chair of the Authority under
28                    section 7(4a);



                                                                          page 3
     Environmental Protection Amendment Bill 2020
     Part 2         Environmental Protection Act 1986 amended

     s. 4



1                  development approval means a development approval
2                  under a scheme or a scheme Act;
3                  ecological community has the meaning given in the
4                  Biodiversity Conservation Act 2016 section 5(1);
5                  environmental monitoring programme has the
6                  meaning given in section 110K;
7                  environmental protection covenant means an
8                  environmental protection covenant entered into and in
9                  effect under Part VB;
10                 environmental undertaking means --
11                   (a) a biodiversity conservation agreement under the
12                         Biodiversity Conservation Act 2016
13                         section 114; or
14                   (b) a biodiversity conservation covenant under the
15                         Biodiversity Conservation Act 2016
16                         section 122; or
17                   (c) a conservation covenant or agreement to
18                         reserve under the Soil and Land Conservation
19                         Act 1945 section 30B; or
20                   (d) an environmental protection covenant; or
21                   (e) some other form of binding undertaking to
22                         manage land for the protection of the
23                         environment;
24                 implementation conditions has the meaning given in
25                 section 44A;
26                 Ministerial statement has the meaning given in
27                 subsection (1A);
28                 planning instrument means --
29                   (a) a scheme or a strategy, policy or plan made or
30                         adopted under a scheme; or
31                   (b) a State planning policy approved under the
32                         Planning and Development Act 2005 section 29
33                         and published in the Gazette; or

     page 4
               Environmental Protection Amendment Bill 2020
      Environmental Protection Act 1986 amended      Part 2

                                                          s. 4



1     (c)    a local planning strategy made under the
2            Planning and Development Act 2005;
3    prescribed means prescribed by the regulations;
4    prescribed activity means an activity prescribed as a
5    prescribed activity for the purposes of Part V;
6    proposal means any of the following but not a
7    scheme --
8      (a) a policy, plan or programme;
9      (b) a project, undertaking or development;
10     (c) a change in land use;
11     (d) an amendment of any proposal described in
12           paragraph (a), (b) or (c);
13     (e) an amendment described in paragraph (b) of the
14           definition of significant amendment;
15   referred proposal means a proposal referred to the
16   Authority under section 38;
17   Registrar of Deeds and Transfers has the meaning
18   given in the Registration of Deeds Act 1856 section 2;
19   Registrar of Titles means the person designated to be
20   the Registrar of Titles under the Transfer of Land
21   Act 1893 section 7(1);
22   significant amendment, of an approved proposal,
23   means --
24     (a) a proposal that --
25              (i) is or includes the amendment of an
26                   approved proposal; and
27            (ii) is likely, if implemented, to have a
28                   significant effect on the environment;
29           or
30     (b) a proposed amendment to implementation
31           conditions relating to an approved proposal if
32           implementation of the proposal under the


                                                       page 5
     Environmental Protection Amendment Bill 2020
     Part 2         Environmental Protection Act 1986 amended

     s. 4



1                            amended implementation conditions is likely to
2                            have a significant detrimental effect on the
3                            environment in addition to, or different from,
4                            the effect the proposal has in its implementation
5                            under the existing implementation conditions;
6

7       (3)   In section 3(1):
8               (a) in the definition of appeals committee delete
9                     "section 45(3)" and insert:
10

11                   section 45(6)
12

13             (b)   in the definition of Authority member delete "Chairman
14                   and Deputy Chairman;" and insert:
15

16                   Chair and Deputy Chair;
17

18             (c)   in the definition of decision-making authority --
19                     (i) delete "authority means" and insert:
20

21                            authority, in relation to a proposal, means
22

23                    (ii)    delete "any proposal" and insert:
24

25                            the proposal
26

27             (d)   in the definition of Western Australian Planning
28                   Commission delete "Act 2005;" and insert:
29

30                   Act 2005.
31




     page 6
                            Environmental Protection Amendment Bill 2020
                   Environmental Protection Act 1986 amended      Part 2

                                                                            s. 4



1    (4)    Delete section 3(2) and insert:
2

3          (1A)   A reference in this Act to a Ministerial statement is a
4                 reference to --
5                   (a) a statement served and published under
6                         section 45(8) or under section 45(8) as applied
7                         by section 46(8); or
8                   (b) a statement published under section 45(8)(b) as
9                         applied by section 110(3); or
10                  (c) a statement published as required by
11                        section 45D(2) or (3); or
12                  (d) if it is appropriate in the context, the
13                        implementation agreement or decision, as
14                        defined in section 44A, set out in a statement
15                        mentioned in paragraph (a), (b) or (c).
16         (1B)   A reference in this Act to the effect of a proposal on
17                the environment includes a reference to the cumulative
18                effect of impacts of the proposal on the environment.
19          (2)   In the case of humans, the reference to social
20                surroundings in the definition of environment in
21                subsection (1) is a reference to aesthetic, cultural,
22                economic and other social surroundings to the extent to
23                which they directly affect or are affected by physical or
24                biological surroundings.
25

26   (5)    In section 3(2b) delete "section 38(6)" and insert:
27

28          section 38H(2)
29




                                                                       page 7
     Environmental Protection Amendment Bill 2020
     Part 2         Environmental Protection Act 1986 amended

     s. 5



1         (6)   In section 3(3a) before "changing" insert:
2

3               amendment or
4

5         (7)   Delete section 3(4) and insert:
6

7               (4)   A reference in this Act to amending a clearing permit
8                     or licence includes a reference to revoking or amending
9                     any condition to which the clearing permit or licence is
10                    subject and to making the clearing permit or licence
11                    subject to a new condition.
12


13   5.         Section 3A amended
14              In section 3A(3) in the definition of threshold amount delete
15              "$20 000," and insert:
16

17              $100 000,
18


19   6.         Section 7 amended
20        (1)   Delete section 7(3) and insert:
21

22              (3)   Before making a recommendation under subsection (2)
23                    the Minister must publish a notice calling for
24                    expressions of interest in appointment to the office of
25                    Authority member.
26




     page 8
                             Environmental Protection Amendment Bill 2020
                    Environmental Protection Act 1986 amended      Part 2

                                                                               s. 6



1    (2)   In section 7(4a), (4b) and (4c) delete "Chairman" (each
2          occurrence) and insert:
3

4          Chair
5

6    (3)   Delete section 7(7) and (8) and insert:
7

8          (7)     The office of an Authority member becomes vacant if
9                  the Authority member --
10                   (a) becomes an insolvent under administration
11                        within the meaning of the Corporations
12                        Act 2001 (Commonwealth); or
13                   (b) after appointment as an Authority member,
14                        becomes a person employed under and subject
15                        to the Public Sector Management Act 1994
16                        Part 3; or
17                   (c) is removed from office by the Governor --
18                           (i) on the grounds of misbehaviour,
19                                incompetence, or mental or physical
20                                incapacity, impairing the performance
21                                of the Authority member's functions
22                                and proved to the satisfaction of the
23                                Governor; or
24                          (ii) on the grounds of being absent without
25                                leave, if it is proved to the satisfaction
26                                of the Governor that the Authority
27                                member has been absent, except on
28                                leave granted by the Minister, from
29                                3 consecutive meetings of the Authority
30                                of which the Authority member has had
31                                reasonable notice;
32                        or



                                                                        page 9
     Environmental Protection Amendment Bill 2020
     Part 2         Environmental Protection Act 1986 amended

     s. 7



1                        (d)    resigns from office by notice in writing
2                               delivered to the Minister.
3                 (8)   The person who is the Chair or the Deputy Chair
4                       ceases to hold that office if the person's office as an
5                       Authority member becomes vacant.
6


7    7.           Section 8 replaced
8                 Delete section 8 and insert:
9


10          8.          Independence of Authority and Chair
11                      Subject to this Act, neither of the following is subject
12                      to the direction of the Minister --
13                        (a) the Authority;
14                        (b) the Chair.
15


16   8.           Section 11 replaced
17                Delete section 11 and insert:
18


19          11.         Meetings of Authority
20                (1)   Meetings of the Authority are to be held at such times
21                      and places as the Authority determines, but --
22                        (a) the Chair may convene a meeting of the
23                             Authority at any time; and
24                        (b) the Minister may convene a meeting of the
25                             Authority if the Minister wishes it to discuss a
26                             matter on which the Minister has requested its
27                             advice.




     page 10
                     Environmental Protection Amendment Bill 2020
            Environmental Protection Act 1986 amended      Part 2

                                                                     s. 8



1    (2)   At a meeting of the Authority --
2           (a) the person who presides is --
3                    (i) the Chair, if present; or
4                   (ii) if the Chair is not present -- the Deputy
5                        Chair, if present; or
6                  (iii) if both the Chair and the Deputy Chair
7                        are not present -- an Authority member
8                        elected to preside by the Authority
9                        members present;
10                and
11          (b) 3 Authority members constitute a quorum; and
12          (c) subject to section 12(5)(b), each Authority
13                member present must cast a deliberative vote
14                on any question that is to be decided; and
15          (d) any question must be decided by a majority of
16                the votes cast by the Authority members
17                present, but if the voting on a question is
18                equally divided, the person presiding at that
19                meeting has a casting vote in addition to a
20                deliberative vote; and
21          (e) a question cannot be decided unless at least
22                3 Authority members vote on it.
23   (3)   Notice of meetings of the Authority must be given to
24         the Department.
25   (4)   The CEO, or a representative of the CEO, is entitled to
26         be present at any meeting and to take part in the
27         consideration and discussion of any matter before a
28         meeting, but cannot vote on any matter.
29   (5)   At a meeting of the Authority the presence of an
30         Authority member need not be by attendance in person
31         but may be by that Authority member, each other
32         Authority member at the meeting and any person at the
33         meeting under subsection (4) being simultaneously in

                                                              page 11
     Environmental Protection Amendment Bill 2020
     Part 2         Environmental Protection Act 1986 amended

     s. 9



1                    contact by telephone or other means of instantaneous
2                    communication.
3              (6)   At a meeting of the Authority the presence of a person
4                    under subsection (4) need not be by attendance in
5                    person but may be by that person and each Authority
6                    member at the meeting being simultaneously in contact
7                    by telephone or other means of instantaneous
8                    communication.
9


10   9.        Section 14 amended
11             Delete section 14(2) and insert:
12

13             (2)   The Authority must cause the minutes kept under
14                   subsection (1) to be published.
15


16   10.       Section 14A inserted
17             After section 14 insert:
18


19          14A.     Decision without meeting
20             (1)   The purpose of this section is to enable the Authority to
21                   make a decision on a matter (the matter) without a
22                   meeting of the Authority being held.
23             (2)   A notice setting out a draft decision on the matter may
24                   be sent by the Chair to each other Authority member
25                   for consideration.
26             (3)   The Deputy Chair may send a notice under
27                   subsection (2) if the Chair is unable to do so for any
28                   reason.




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1          (4)   Subject to subsection (5), an Authority member may,
2                by notice sent to each other Authority member, cast a
3                vote on whether or not the decision should be made.
4          (5)   An Authority member who has a direct or indirect
5                pecuniary interest in the matter cannot cast a vote
6                under subsection (4).
7          (6)   If at least 3 Authority members cast a vote under
8                subsection (4) and a majority of the votes are in favour
9                of the decision being made, the decision is taken to
10               have been made and is as effectual as if it had been
11               made at a meeting of the Authority.
12         (7)   The Authority must cause a record to be kept of each
13               decision under subsection (6) and section 14(2) applies
14               to that record.
15


16   11.   Section 16 amended
17         In section 16:
18           (a) delete paragraph (aa);
19           (b) in paragraph (q) before "prescribed." insert:
20

21                conferred by this Act or
22


23   12.   Section 17 amended
24         Delete section 17(4).




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1    13.       Section 26 amended
2              In section 26(1):
3                (a) delete paragraph (d) and insert:
4

5                      (d)   cause a notice containing prescribed particulars
6                            of the draft referred to in paragraph (c),
7                            including the places at which, and the period
8                            during which, that draft will be available for
9                            public inspection, to be published --
10                              (i) in the Gazette; and
11                             (ii) if the regulations so require, in any other
12                                   manner specified in the regulations;
13                           and
14

15              (b)    in paragraph (f) delete "of the kind referred to in
16                     paragraph (d)(ii)," and insert:
17

18                     concerned with the protection of a portion of the
19                     environment confined to, or with the prevention, control
20                     or abatement of pollution or environmental harm in, a
21                     particular local government district or districts,
22


23   14.       Section 32 amended
24             In section 32(1)(a)(iii) delete "of the kind referred to in
25             section 26(1)(d)(ii)," and insert:
26

27             concerned with the protection of a portion of the environment
28             confined to, or with the prevention, control or abatement of
29             pollution or environmental harm in, a particular local
30             government district or districts,
31




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1    15.         Sections 37B to 38A replaced
2                Delete sections 37B, 38 and 38A and insert:
3


4          37B.        Terms used
5                (1)   In this Division --
6                      proposal of a prescribed class includes a proposal of a
7                      prescribed class under an assessed scheme;
8                      significant proposal means a proposal likely, if
9                      implemented, to have a significant effect on the
10                     environment and includes a significant amendment of
11                     an approved proposal;
12                     strategic proposal has the meaning given in
13                     subsection (2).
14               (2)   A proposal is a strategic proposal if and to the extent
15                     to which it identifies --
16                       (a) a future proposal likely, if implemented, to
17                            have a significant effect on the environment; or
18                       (b) future proposals likely, if implemented in
19                            combination with each other, to have a
20                            significant effect on the environment.

21         38.         Referral of proposals
22               (1)   The proponent of a significant proposal, or any other
23                     person, may refer the proposal to the Authority.
24               (2)   In the case of a proposal under an assessed scheme,
25                     only the proponent can refer the proposal to the
26                     Authority under subsection (1).
27               (3)   If it appears to the Minister that there is public concern
28                     about the likely effect of a proposal, if implemented, on
29                     the environment, the Minister may refer the proposal to
30                     the Authority.


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     s. 15



1              (4)   A decision-making authority must refer a proposal to
2                    the Authority as soon as it has notice of the proposal if
3                    the proposal appears to it to be --
4                      (a) a significant proposal; or
5                      (b) a proposal of a prescribed class.
6              (5)   Subsection (4) does not apply if the proposal has been
7                    referred to the Authority under subsection (1) or (3).
8              (6)   In the case of a proposal under an assessed scheme, the
9                    application of subsection (4)(a) is subject to
10                   section 48I.
11             (7)   The proponent of a strategic proposal may refer the
12                   proposal to the Authority.

13           38A.    Calling in a proposal
14             (1)   If a proposal has not been referred to the Authority
15                   under section 38, the Authority must require the
16                   proponent or a decision-making authority to refer the
17                   proposal to the Authority if the Authority considers
18                   that the proposal is --
19                     (a) a significant proposal; or
20                     (b) a proposal of a prescribed class.
21             (2)   A requirement under subsection (1) must be in writing
22                   and must specify the period within which it has to be
23                   complied with.
24             (3)   A proponent or decision-making authority that is
25                   required under subsection (1) to refer a proposal to the
26                   Authority must do so within the period specified in the
27                   requirement.
28             (4)   In the case of a proposal under an assessed scheme, the
29                   Authority can only require the referral of the proposal
30                   if it did not, when it assessed the assessed scheme
31                   under Division 3, have sufficient scientific or technical

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1            information to enable it to assess the environmental
2            issues raised by the proposal.
3      (5)   A requirement under subsection (1) has effect despite
4            section 48I(2).
5      (6)   A proposal referred to the Authority under
6            subsection (3) is taken to have been referred to the
7            Authority under section 38.

8    38B.    Requirements as to referrals
9      (1)   A referral to the Authority must be in writing.
10     (2)   A proposal cannot be referred to the Authority more
11           than once unless --
12             (a) under section 38D, a referral of the proposal is
13                  taken to have been withdrawn; or
14             (b) under section 38F(4), a referral of the proposal
15                  has been declared to have been withdrawn; or
16             (c) under section 40A, assessment of the proposal
17                  has been terminated; or
18             (d) under section 47A, a Ministerial statement
19                  relating to the proposal has been withdrawn or
20                  is taken to have been withdrawn.

21   38C.    Proponent may amend a referred proposal
22     (1)   At any time before the Authority decides whether or
23           not to assess a referred proposal, the proponent may, by
24           written notice, request the Authority to approve of the
25           proposal being amended in the manner set out in the
26           request.
27     (2)   The Authority may, at its discretion, give or refuse to
28           give approval under subsection (1).




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1              (3)   If approval is given by the Authority the proposal as so
2                    amended is taken to have been referred to the Authority
3                    under section 38.

4            38D.    Proponent may give notice that a referred proposal
5                    will not proceed
6              (1)   If at any time before the Authority has decided whether
7                    or not to assess a referred proposal the Authority
8                    receives written notice from the proponent that the
9                    proponent does not wish to proceed with the proposal,
10                   the referral of the proposal is taken to have been
11                   withdrawn.
12             (2)   This section applies whether or not the proposal was
13                   referred to the Authority by the proponent.

14           38E.    Proposals derived from assessed strategic proposals
15             (1)   A referred proposal may be dealt with under this
16                   section if --
17                     (a) there has been an assessment under this
18                           Division (the strategic assessment) of a
19                           strategic proposal; and
20                     (b) a Ministerial statement has been published in
21                           relation to the strategic proposal.
22             (2)   If this section applies, the proponent of a referred
23                   proposal may request the Authority in writing to
24                   declare the referred proposal to be a derived proposal.
25             (3)   If the proposal is referred by the proponent, a request
26                   under subsection (2) may be made in the referral.
27             (4)   If a request is made under subsection (2), the Authority
28                   must declare the referred proposal to be a derived
29                   proposal if it considers that --
30                     (a) the referred proposal was identified in the
31                           strategic proposal; and


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1           (b)   in the implementation agreement or decision set
2                 out in the statement mentioned in
3                 subsection (1)(b) it was agreed or decided that
4                 the referred proposal could be implemented, or
5                 could be implemented subject to conditions and
6                 procedures agreed or decided under section 45.
7    (5)   Despite subsection (4), the Authority may refuse to
8          declare the referred proposal to be a derived proposal if
9          it considers that --
10            (a) environmental issues raised by the proposal
11                 were not adequately assessed in the strategic
12                 assessment; or
13            (b) there is significant new or additional
14                 information that justifies the reassessment of
15                 the issues raised by the proposal; or
16            (c) there has been a significant change in the
17                 relevant environmental factors since the
18                 strategic assessment was completed.
19   (6)   If the Authority declares the referred proposal to be a
20         derived proposal, it must --
21           (a) record the declaration in the public record kept
22                 under section 39(1); and
23           (b) give written notice of the declaration to the
24                 Minister.
25   (7)   If the Authority declares the referred proposal to be a
26         derived proposal, it cannot decide to assess the
27         proposal except for the purposes of conducting an
28         inquiry under section 46(4).
29   (8)   If the Authority refuses to declare the referred proposal
30         to be a derived proposal, it must give written notice of
31         the refusal to the proponent.
32   (9)   A notice under subsection (8) may be included in the
33         notice given under section 38G(1)(b)(i).

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1              (10)   For the purposes of this section it does not matter
2                     whether the proponent of the referred proposal was, or
3                     was not, the proponent of the strategic proposal.

4            38F.     Request for further information
5               (1)   This subsection applies if the Authority considers that
6                     it does not have enough information about a referred
7                     proposal to enable it to decide --
8                        (a) whether or not to assess the proposal; or
9                        (b) whether or not to agree to a request made under
10                            section 38E(2).
11              (2)   If subsection (1) applies, the Authority may, by written
12                    notice (a requisition), request any person to provide it
13                    with additional information about the proposal before
14                    the end of a period specified in the notice (the
15                    compliance period).
16              (3)   In determining whether the 28 day period set by
17                    section 38G(1) has ended the following are to be
18                    disregarded --
19                      (a) if a requisition is complied with within the
20                            compliance period -- the period from the day
21                            on which it was issued until the day on which it
22                            was complied with;
23                      (b) if a requisition is not complied with within the
24                            compliance period -- the compliance period.
25              (4)   If a requisition in relation to a proposal is issued to the
26                    person who referred the proposal and the compliance
27                    period ends without the requisition having been
28                    complied with, the Authority may, by written notice to
29                    the person, declare the referral to have been withdrawn.
30              (5)   If the proposal was not referred by the proponent, the
31                    Authority must obtain the consent of the proponent
32                    before giving notice under subsection (4).


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1    38G.    Authority must decide whether to assess a referred
2            proposal
3      (1)   The Authority must, within 28 days after the referral of
4            a proposal --
5              (a) decide whether or not to assess the referred
6                   proposal; and
7              (b) give written notice of the decision --
8                      (i) to the proponent; and
9                     (ii) if the proposal was not referred by the
10                         proponent -- to the person that referred
11                         it; and
12                   (iii) to any decision-making authority
13                         determined by the Authority to be a
14                         relevant decision-making authority in
15                         relation to the proposal.
16     (2)   Subsection (1) does not apply if --
17            (a) under section 38D, the referral is taken to have
18                  been withdrawn; or
19            (b) the proposal is declared under section 38E to be
20                  a derived proposal; or
21            (c) under section 38F(4), the referral has been
22                  declared to have been withdrawn.
23     (3)   The Authority's decision under subsection (1) must be
24           based on --
25             (a) any information submitted to it when the
26                  proposal was referred; and
27            (b) any additional information provided to it under
28                  section 38F; and
29             (c) any information derived from its own
30                  investigations and inquiries.




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1              (4)   In making its decision under subsection (1) the
2                    Authority may take into account other statutory
3                    decision-making processes that can mitigate the
4                    potential impacts of the proposal on the environment.
5              (5)   If, for any reason, a relevant decision-making authority
6                    is not given notice as required by subsection (1)(b)(iii)
7                    that a proposal is going to be assessed, the Authority
8                    may give written notice to the decision-making
9                    authority under this subsection.
10             (6)   Notice under subsection (5) may be given by the
11                   Authority of its own motion or at the request of the
12                   decision-making authority, and may be given at any
13                   time before a report on the proposal is given to the
14                   Minister under section 44(1).
15             (7)   If the Authority decides not to assess a proposal, it may
16                   nevertheless give advice and make recommendations
17                   on the environmental aspects of the proposal to the
18                   proponent or any other relevant person or authority.

19           38H.    Nomination of person responsible for proposal
20             (1)   This section applies to a proposal if --
21                    (a) the proposal is referred, or is required to be
22                          referred, to the Authority under section 38; and
23                    (b) the Authority decides that the proposal should
24                          be assessed by it under this Part.
25             (2)   Except when the responsibility for a proposal is
26                   imposed on a public authority under another written
27                   law, the Authority must nominate a person as being
28                   responsible for the proposal.




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1       (3)   If an individual is nominated under subsection (2), the
2             nomination may be made --
3               (a) by reference to the individual's name; or
4               (b) by reference to the individual being the person
5                     for the time being holding or acting in a
6                     particular office or position.
7       (4)   Written notice of a nomination under subsection (2)
8             must be served on --
9              (a) the person nominated; and
10             (b) any decision-making authority to which or
11                   whom notice of the Authority's decision to
12                   assess the proposal has been given under
13                   section 38G(1)(b)(iii) or (5).

14   38I.     Change of person responsible for proposal
15      (1)   A person nominated under section 38H(2) in relation to
16            a proposal that proposes to transfer responsibility for
17            the proposal to another person must give written notice
18            advising the name of that other person --
19              (a) to the Authority; or
20              (b) if a statement relating to the proposal has been
21                    published under section 45(8)(b) -- to the
22                    Minister.
23      (2)   The Authority may --
24             (a) revoke a nomination under section 38H(2) in
25                  relation to a proposal; and
26             (b) nominate another person under section 38H(2)
27                  in relation to the proposal.
28      (3)   Subsection (2) applies even if --
29             (a) no written notice has been given to the
30                   Authority under subsection (1); or



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1                         (b)   the person mentioned in subsection (2)(b) is not
2                               the person named in a written notice given to
3                               the Authority under subsection (1).
4                  (4)   Subsections (1) and (2) apply even if a report on the
5                        proposal has been published under section 44(3) or a
6                        statement has been published under section 45(8)(b)
7                        but, if a statement has been published, the powers
8                        conferred by subsection (2) must be exercised by the
9                        Minister.
10                 (5)   Subsections (1) and (2) do not apply if the assessment
11                       of the proposal has been terminated under section 40A.
12                 (6)   For the purposes of subsections (1) and (2) and
13                       section 3(2b), a person that has been notified under
14                       section 38G(1)(b)(i) that the Authority is going to
15                       assess a proposal is taken to have been nominated
16                       under section 38H(2) as being responsible for the
17                       proposal whether or not such a nomination has been
18                       made.
19


20   16.           Section 39 replaced
21                 Delete section 39 and insert:
22


23           39.         Authority to keep records of referred proposals
24                 (1)   The Authority must keep a public record of each
25                       referred proposal.
26                 (2)   The public record must set out whether or not that
27                       proposal is to be assessed under this Part.
28


29   17.           Sections 39A and 39B deleted
30                 Delete sections 39A and 39B.


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1    18.         Section 40 amended
2          (1)   Delete section 40(4) and (5) and insert:
3

4                (4)   Subject to any direction made under section 43(1), the
5                      Authority may cause the following to be published --
6                       (a) any information or report provided in
7                             compliance with a requirement made under
8                             subsection (2)(a) or (aa);
9                       (b) any report made in compliance with a
10                            requirement made under subsection (2)(b).
11               (5)   When publishing information or a report under
12                     subsection (4) the Authority may --
13                       (a) declare the information or report to be available
14                            for public review; and
15                       (b) specify the period within which, the extent to
16                            which and the manner in which public
17                            authorities or persons may make submissions to
18                            the Authority in respect of the information or
19                            report.
20

21         (2)   In section 40(6):
22                 (a) delete "causes any information or report to be made
23                       available for public review under subsection (4) --" and
24                       insert:
25

26                      declares any information or report to be available for
27                      public review under subsection (5)(a) --
28




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1                (b)    delete paragraph (a)(i) and insert:
2

3                               (i)   at the proponent's own expense, publish
4                                     notice of that information or report
5                                     being available for public review; and
6

7                (c)    in paragraph (a)(ii) before "at such" insert:
8

9                       in such manner and
10

11               (d)    in paragraph (a)(iii) before "at such" insert:
12

13                      in such manner,
14


15   19.       Section 40AA inserted
16             Before section 40A insert:
17


18           40AA. Assessment of significant amendments
19             (1)     This section applies if the Authority assesses a
20                     significant amendment of an approved proposal.
21             (2)     The Authority must assess the significant amendment
22                     in the context of the approved proposal and have regard
23                     to the combined effect that the implementation of the
24                     approved proposal and the significant amendment
25                     might have on the environment.
26             (3)     For the purposes of subsection (2) the Authority may
27                     inquire into and report on the implementation
28                     conditions relating to the approved proposal.




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1          (4)   Each of those implementation conditions continues to
2                apply in relation to the approved proposal subject to --
3                  (a) it being amended under section 45C or 46(9);
4                        or
5                  (b) revised conditions or procedures being agreed
6                        or decided under sections 45 and 45A in
7                        relation to the approved proposal after the
8                        significant amendment has been assessed.
9          (5)   Subsection 41A(1) does not apply to the doing of
10               anything to implement the approved proposal.
11         (6)   If a statement is served and published under
12               subsection 45(8), it may be in the form of --
13                 (a) a statement that only applies to the significant
14                        amendment; or
15                 (b) a statement that includes the implementation
16                        conditions for the approved proposal as
17                        amended by the significant amendment, and
18                        supersedes the previous Ministerial statement
19                        relating to the approved proposal.
20


21   20.   Section 40A amended
22         After section 40A(1)(a) insert:
23

24               (aa)   the Authority receives written notice from the
25                      proponent that the proponent does not wish to
26                      proceed with the proposal; or
27




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1    21.         Section 40B replaced
2                Delete section 40B and insert:
3


4            40B.         Application of assessment provisions to strategic
5                         proposals and strategic assessments
6                (1)      Sections 41, 41A and 45(12) do not apply in relation to
7                         a strategic proposal.
8                (2)      Sections 44, 45 (other than subsection (12)) and 45A
9                         apply in relation to a strategic proposal as if references
10                        in them to implementation were references to the
11                        implementation of a future proposal identified in the
12                        strategic proposal in the event of that future proposal
13                        being declared under section 38E to be a derived
14                        proposal.
15               (3)      This section does not affect the application of
16                        sections 41, 41A, 44, 45 and 45A in relation to a
17                        strategic proposal to the extent to which the strategic
18                        proposal is itself a significant proposal.
19


20   22.         Section 41 amended
21         (1)   In section 41(2):
22                 (a) delete paragraph (a) and insert:
23

24                          (a)   has referred a proposal to the Authority under
25                                section 38; or
26

27                  (b)    in paragraph (b) delete "section 38(3)" and insert:
28

29                         section 38A(1)
30




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1                  (c)   in paragraph (c) delete "section 39A(3)(b) that the
2                        Authority is not going to assess the proposal and the
3                        period within which an appeal against that decision" and
4                        insert:
5

6                        section 38G(1)(b)(iii) that the Authority is not going to
7                        assess the proposal and the period within which an
8                        appeal against the decision that the proposal not be
9                        assessed
10

11                (d)    in paragraph (d) delete "section 45(7)," and insert:
12

13                       section 45(12),
14

15         (2)   In section 41(3):
16                 (a) delete "section 39A(3)(c) or (4)" and insert:
17

18                       section 38G(1)(b)(iii) or (5)
19

20                (b)    delete "section 45(7)" and insert:
21

22                       section 45(12)
23


24   23.         Section 41A amended
25         (1)   In section 41A(1) delete "section 45(5)(b) or a notification is
26               given under section 45(8)" and insert:
27

28               section 45(8)(b) or a notification is given under section 45(13)
29




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1          (2)   In section 41A(2) delete "section 45(5)(b) and (8) were
2                references to the application of those provisions to any revised
3                or further" and insert:
4

5                section 45(8)(b) and (13) were references to the application of
6                those provisions to any new
7


8    24.         Section 42 amended
9                In section 42(1)(b) delete "Chairman of " and insert:
10

11               Chair of
12


13   25.         Section 43 amended
14         (1)   In section 43(1)(a) delete "proposal referred to it under
15               section 38" and insert:
16

17               referred proposal
18

19         (2)   In section 43(2) delete "39, 39A(3), 40(2), (3), (4), (5), (6), (7),
20               and (8)," and insert:
21

22               38G(1), 39, 40(2) to (8),
23

24         (3)   Delete section 43(3) and insert:
25

26               (3)   A direction cannot be given under subsection (1) if a
27                     statement has been served under section 45(8)(a) or a
28                     notification has been given under section 45(13).




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1           (3A)   A direction can be given under subsection (1) even if
2                  the Minister has dismissed an appeal under
3                  section 100(1)(a) against a decision by the Authority
4                  that the proposal is not to be assessed.
5


6    26.     Section 43A replaced
7            Delete section 43A and insert:
8


9          43A.    Amendments to proposals during assessment
10           (1)   While a proposal is being assessed, the proponent may,
11                 by written notice --
12                   (a) advise the Authority that the proponent wishes
13                         to amend the proposal in the manner set out in
14                         that notice; and
15                  (b) request that the Authority approve of the
16                         assessment of the proposal being completed in
17                         respect of the proposal as so amended.
18           (2)   The Authority may, at its discretion, give or refuse to
19                 give approval under subsection (1)(b).
20           (3)   If the Authority gives approval under
21                 subsection (1)(b) --
22                   (a) the proposal as so amended is taken to have
23                         been referred to the Authority under section 38;
24                         and
25                   (b) without limiting section 40, the Authority, if it
26                         thinks fit, may perform, or perform again, any
27                         function that it could have performed, or has
28                         already performed, in respect of the proposal.
29




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1    27.         Section 44 amended
2          (1)   In section 44(1) delete "is to" and insert:
3

4                must
5

6          (2)   Before section 44(2a) insert:
7

8            (2AA) In considering key environmental factors and any
9                  recommendations that may be included in the
10                 assessment report the Authority may take into account
11                 other statutory decision-making processes that can
12                 mitigate the potential impacts of the proposal on the
13                 environment.
14

15         (3)   In section 44(3)(b)(ii) delete "section 39A(3)(c) or (4)" and
16               insert:
17

18               section 38G(1)(b)(iii) or (5)
19


20   28.         Sections 45 to 45C replaced
21               Delete sections 45, 45A, 45B and 45C and insert:
22


23           44A.       Terms used
24                      In this Division --
25                      assessed proposal means the proposal to which a report
26                      mentioned in section 45(1) relates;
27                      DMA decision means a decision of a decision-making
28                      authority that could have the effect of causing or
29                      allowing the assessed proposal to be implemented;



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1                implementation agreement or decision means an
2                agreement or decision under sections 45 and 45A (or
3                under those sections as applied by section 46(8)) as to
4                whether or not a proposal to which a report published
5                under section 44(3)(a) relates may be implemented
6                and, if that proposal may be implemented, as to what
7                conditions and procedures, if any, that implementation
8                is subject;
9                implementation conditions means the conditions and
10               procedures, if any, agreed or decided in relation to the
11               assessed proposal under section 45 and 45A (or under
12               those sections as applied by section 46(8)) and, if those
13               conditions and procedures are amended under
14               section 45C or on an appeal lodged under
15               section 100(3), means those conditions and procedures
16               as so amended;
17               implementation issue means --
18                 (a) the issue of whether or not the assessed
19                        proposal may be implemented; or
20                 (b) the issue of the conditions and procedures, if
21                        any, to which the assessed proposal, if
22                        implemented, should be subject;
23               key decision-making authority means a
24               decision-making authority determined by the Minister
25               under section 45(2) to have a role in making major
26               decisions in relation to matters in the assessed proposal
27               that may have significant effects on the environment.

28   45.         Procedure for deciding if assessed proposal may be
29               implemented
30         (1)   This section applies after the Minister has caused a
31               report to be published under section 44(3)(a).
32         (2)   For the purposes of this section the Minister must
33               determine which or whom of the decision-making
34               authorities in relation to the assessed proposal has a

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1                    role, or have roles, in making major decisions in
2                    relation to matters in the proposal that may have
3                    significant effects on the environment.
4              (3)   If the key decision-making authority, or one or more of
5                    the key decision-making authorities, is or are another
6                    Minister or other Ministers, the Minister must consult
7                    and, if possible, agree with that Minister or those
8                    Ministers on the implementation issues.
9              (4)   If neither the key decision-making authority, nor any of
10                   the key decision-making authorities, as the case
11                   requires, is another Minister, the Minister must consult
12                   and, if possible, agree with that key decision-making
13                   authority or those key decision-making authorities on
14                   the implementation issues.
15             (5)   If the Minister and the other Minister or Ministers
16                   referred to in subsection (3) cannot agree on an
17                   implementation issue, the Minister must refer the
18                   matter or matters in dispute to the Governor for
19                   decision, and the decision of the Governor on that
20                   matter or matters is final and without appeal.
21             (6)   If the Minister and the decision-making authority or
22                   decision-making authorities referred to in
23                   subsection (4) cannot agree on an implementation
24                   issue, the Minister must appoint an appeals committee
25                   to consider and report to the Minister on the matter or
26                   matters in dispute.
27             (7)   Sections 106, 107, 108, 109 and 110 apply to and in
28                   relation to a matter in respect of which the Minister has
29                   appointed an appeals committee under subsection (6)
30                   as if that matter were the subject of an appeal from a
31                   decision of the Minister.




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1     (8)   If the implementation agreement or decision is that the
2           assessed proposal may be implemented, or may be
3           implemented subject to implementation conditions, the
4           Minister must --
5             (a) cause copies of a statement setting out the
6                    implementation agreement or decision to be
7                    served on --
8                       (i) the Authority; and
9                      (ii) each key decision-making authority and
10                           any other decision-making authority to
11                           which or whom notice of the
12                           Authority's decision to assess the
13                           proposal was given under
14                           section 38G(1)(b)(iii) or (5); and
15                    (iii) the proponent of the assessed proposal;
16                           and
17                    (iv) the person who referred the assessed
18                           proposal (if it was not referred by a
19                           person referred to in subparagraph (ii)
20                           or (iii));
21                   and
22            (b) cause the statement to be published as soon as
23                   is practicable after it is served under
24                   paragraph (a).
25    (9)   Section 45A sets out some kinds of implementation
26          conditions that may be agreed or decided in relation to
27          the assessed proposal, but nothing in that section
28          prevents any other implementation condition from
29          being agreed or decided.
30   (10)   Despite anything in this section --
31           (a) an implementation issue cannot be agreed or
32                 decided under this section during the period of
33                 21 days referred to in section 100(3a)(b); and


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1                      (b)   if an appeal is lodged under section 100(1)(d)
2                            in respect of the report mentioned in
3                            subsection (1) --
4                               (i) an implementation issue cannot be
5                                    agreed or decided under this section
6                                    while the appeal is pending; and
7                              (ii) if the decision on the appeal is to remit
8                                    the assessed proposal to the Authority
9                                    for further assessment or
10                                   reassessment -- an implementation
11                                   issue cannot be agreed or decided under
12                                   this section before the report on that
13                                   further assessment or reassessment has
14                                   been published under section 44(3)(a).
15             (11)   Subsection (12) applies if --
16                     (a) a statement has been published under
17                           subsection (8)(b) in relation to the assessed
18                           proposal; and
19                     (b) the Minister is satisfied that there is no reason
20                           why the assessed proposal should not be
21                           implemented.
22             (12)   As soon as this subsection applies, the Minister may
23                    cause to be served on the decision-making authority
24                    precluded by section 41 from making a DMA decision
25                    an authority in writing permitting a DMA decision to
26                    be made.
27             (13)   If the implementation agreement or decision is that the
28                    assessed proposal may not be implemented, the
29                    Minister must give written notice of the
30                    implementation agreement or decision to --
31                      (a) the Authority; and
32                      (b) each key decision-making authority and any
33                             other decision-making authority to which or
34                             whom notice of the Authority's decision to

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1                    assess the proposal was given under
2                    section 38G(1)(b)(iii) or (5); and
3             (c)    the proponent of the assessed proposal; and
4             (d)    the person who referred the assessed proposal
5                    (if it was not referred by a person referred to in
6                    paragraph (b) or (c)).
7     (14)   If notice is given under subsection (13) of an
8            implementation agreement or decision for a significant
9            amendment of an approved proposal, that
10           implementation agreement or decision does not affect
11           the implementation of the approved proposal.

12   45A.    Implementation conditions
13     (1)   The following list sets out things the proponent of the
14           assessed proposal can be required to do under
15           implementation conditions --
16             (a) substantially commence implementation of the
17                   proposal within a specified period or before a
18                   specified date;
19             (b) at the proponent's expense, take environmental
20                   protection, abatement or restoration measures
21                   on the subject land, or on other land, in order to
22                   directly or indirectly offset the impacts of the
23                   implementation of the proposal on the
24                   environment;
25             (c) contribute moneys to be used for the purpose of
26                   taking environmental protection, abatement or
27                   restoration measures on the subject land or
28                   other land;
29             (d) give an environmental undertaking in relation
30                   to other land;
31             (e) arrange for an environmental protection
32                   covenant to be given by a specified person



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1                            other than the proponent in relation to other
2                            land;
3                      (f)   at the proponent's expense, prepare, implement
4                            and adhere to environmental management
5                            systems, environmental management plans and
6                            environmental improvement plans;
7                     (g)    at the proponent's expense, arrange for audits
8                            as to whether or not the implementation
9                            conditions have been complied with to be
10                           carried out at specified times by a person
11                           nominated or approved by the CEO and report
12                           to the CEO on the findings of those audits.
13             (2)   In subsection (1) --
14                   other land means land other than the subject land;
15                   specified means specified in an implementation
16                   condition;
17                   subject land means the land to which the assessed
18                   proposal relates.
19             (3)   If the implementation agreement or decision authorises
20                   the assessed proposal to be implemented only if it is
21                   implemented in 2 or more stages, the implementation
22                   agreement or decision may include implementation
23                   conditions specifying requirements in relation to the
24                   implementation of a stage of the proposal that must be
25                   met to the satisfaction of the CEO before the
26                   implementation of the next stage can take place.
27             (4)   An implementation condition may require the
28                   proponent to pay fees or charges payable under
29                   section 48AA(1) in relation to the assessed proposal.




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1    45B.    Implementation of derived proposal
2      (1)   In this section --
3            section 38E declaration means a declaration under
4            section 38E that a proposal is a derived proposal.
5      (2)   Subject to subsection (3), when the Minister is notified
6            under section 38E(6)(b) of a section 38E declaration,
7            the previous Ministerial statement relating to the
8            derived proposal takes effect and the Minister must
9            cause written notice of the taking effect of the
10           Ministerial statement to be served on --
11             (a) the Authority; and
12             (b) each decision-making authority that received
13                   the Ministerial statement under
14                   section 45(8)(a)(ii); and
15             (c) the proponent of the derived proposal; and
16             (d) the person who referred the derived proposal (if
17                   it was not referred by a person referred to in
18                   paragraph (b) or (c)).
19     (3)   If the previous Ministerial statement relating to the
20           derived proposal included implementation conditions
21           relating generally to 2 or more future proposals, the
22           Minister may, in the notice under subsection (2),
23           specify which of those implementation conditions
24           apply to the derived proposal and, subject to
25           sections 46 and 46A, the conditions and procedures so
26           specified are the implementation conditions relating to
27           the derived proposal.




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1            45C.    Amending approved proposals or implementation
2                    conditions without inquiry or assessment
3              (1)   The Minister, after receiving a written request from the
4                    proponent to do so, may --
5                      (a) approve an amendment to an approved
6                           proposal; or
7                      (b) amend implementation conditions relating to an
8                           approved proposal; or
9                      (c) approve an amendment to an approved proposal
10                          and amend implementation conditions relating
11                          to the approved proposal.
12             (2)   The Minister may, by written notice, request the
13                   proponent to provide the Minister with additional
14                   information about an amendment to which a request
15                   under subsection (1) applies to enable the Minister to
16                   decide whether or not to approve or make the requested
17                   amendment.
18             (3)   The Minister must not approve or make an amendment
19                   requested under subsection (1) if the Minister considers
20                   that the requested amendment is a significant
21                   amendment.
22             (4)   Whether or not there has been a request under
23                   subsection (1), the Minister may amend an approved
24                   proposal if the Minister considers that the amendment
25                   is of a minor nature and is necessary and desirable in
26                   order to correct in the description of the proposal --
27                     (a) a clerical mistake or unintentional error or
28                           omission; or
29                     (b) a figure that has been miscalculated; or
30                     (c) a misdescription of any person, thing or
31                           property.




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1    (5)   Whether or not there has been a request under
2          subsection (1), the Minister may amend
3          implementation conditions relating to an approved
4          proposal if the Minister considers that the amendment
5          is of a minor nature and is necessary and desirable in
6          order to --
7            (a) standardise the implementation conditions
8                  applying to different proposals; or
9            (b) correct in the implementation conditions --
10                    (i) a clerical mistake or unintentional error
11                         or omission; or
12                   (ii) a figure that has been miscalculated; or
13                  (iii) a misdescription of any person, thing or
14                         property;
15                 or
16           (c) make an administrative change to the format of
17                 the implementation conditions that does not
18                 alter the obligations of the proponent.
19   (6)   The Minister must cause notice of amendments
20         approved or made under subsection (1), (4) or (5) --
21           (a) to be given in writing to --
22                   (i) the Authority; and
23                  (ii) each decision-making authority that was
24                       consulted under this Act in relation to
25                       the implementation conditions; and
26                 (iii) the proponent of the proposal;
27                and
28           (b) to be published.




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1              (7)   If the Minister refuses to approve or make an
2                    amendment as requested under subsection (1), the
3                    Minister must give written notice of the refusal to the
4                    proponent and the proponent may refer the requested
5                    amendment to the Authority under section 38(1) as a
6                    significant amendment of an approved proposal.
7              (8)   Without limiting this Division, where notice has been
8                    given under subsection (7) in relation to a requested
9                    amendment of implementation conditions --
10                     (a) the Minister may make a request under
11                          section 46(1) whether or not the Minister
12                          considers that the implementation conditions,
13                          or any of them, should be amended; or
14                     (b) the Minister may agree with any
15                          decision-making authority that was consulted
16                          under this Act in relation to the existing
17                          implementation conditions that the proposed
18                          amendment to conditions is a significant
19                          amendment that must be referred by the
20                          decision-making authority under section 38(4)
21                          as a significant proposal.

22           45D.    Division or consolidation of proposals and issue of
23                   separate or combined Ministerial statements
24             (1)   Without limiting section 45C, an amendment approved
25                   or made under section 45C(1) may comprise or
26                   include --
27                     (a) the division of an approved proposal into 2 or
28                           more proposals (the separate proposals) and
29                           the division of the implementation agreement
30                           or decision for the approved proposal into
31                           implementation agreements or decisions for
32                           each of the separate proposals; or




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1                       (b)   the consolidation of 2 or more approved
2                             proposals into 1 proposal (the consolidated
3                             proposal) and the consolidation of the
4                             implementation agreements or decisions for the
5                             approved proposals to form an implementation
6                             agreement or decision for the consolidated
7                             proposal.
8                (2)   If subsection (1)(a) applies, the notice given and
9                      published under section 45C(6) must be in the form of
10                     statements relating to each of the separate proposals
11                     and those statements supersede the previous Ministerial
12                     statement relating to the approved proposal.
13               (3)   If subsection (1)(b) applies, the notice given and
14                     published under section 45C(6) must be in the form of
15                     a statement relating to the consolidated proposal and
16                     that statement supersedes the previous Ministerial
17                     statements relating to the approved proposals.
18


19   29.         Section 46 amended
20         (1)   Delete section 46(1) and insert:
21

22               (1)   If the Minister considers that the implementation
23                     conditions relating to an approved proposal, or any of
24                     them, should be amended (whether because of an
25                     amendment to the proposal approved under
26                     section 45C or for any other reason), the Minister may
27                     request the Authority to inquire into and report on the
28                     matter within the period specified in the request.
29




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1       (2)    In section 46(4):
2                (a) delete "section 39B" and insert:
3

4                       section 38E(4)
5

6                (b)    delete "changed." and insert:
7

8                       amended.
9

10      (3)    In section 46(6)(a) delete "changed; and" and insert
11

12             amended; and
13

14      (4)    In section 46(8):
15               (a) delete "changed" and insert:
16

17                      amended
18

19               (b)    delete "section 45 applies" and insert:
20

21                      sections 45 and 45A apply
22

23      (5)    After section 46(8) insert:
24


25            (8A)     Despite subsection (8), the Minister's obligations under
26                     section 45(3) or (4) as applied by subsection (8) do not
27                     extend to a decision-making authority unless the
28                     Minister considers that the report under subsection (6)
29                     recommends an amendment to an implementation
30                     condition that would, if made, affect the



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1                        decision-making functions of that decision-making
2                        authority.
3

4          (6)   In section 46(9):
5                  (a) delete "section 45(5)" and insert:
6

7                          section 45(8)
8

9                  (b)     delete "change" and insert:
10

11                         amend
12

13         (7)   Delete section 46(10).
14               Note: The heading to amended section 46 is to read:
15                       Amending implementation conditions after inquiry

16   30.         Section 46A amended
17         (1)   In section 46A(1) delete "section 45(5)" and insert:
18

19               section 45(8)(b)
20

21         (2)   Delete section 46A(2)(a)(ii) and insert:
22

23                                 (ii)    each decision-making authority that
24                                         received the original Ministerial
25                                         statement under section 45(8)(a)(ii); and
26




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1    31.           Sections 46B to 48 replaced
2                  Delete sections 46B, 46C, 47 and 48 and insert:
3


4            47.         Duties of proponents after service of Ministerial
5                        statement
6                  (1)   If a Ministerial statement has been published and the
7                        proponent does not ensure that any implementation of
8                        the proposal to which the statement relates is carried
9                        out in accordance with the implementation conditions,
10                       the proponent commits an offence.
11                 (2)   Subsection (1) does not apply to an implementation
12                       condition mentioned in section 45A(1)(a).
13                 (3)   In order to enable the CEO to assess compliance with
14                       the implementation conditions in a Ministerial
15                       statement, the CEO may by written notice given to the
16                       proponent --
17                         (a) require the proponent to give the CEO reports
18                               and information about the implementation of
19                               the proposal to which the statement relates; and
20                         (b) require the proponent to undertake tests,
21                               surveys, investigations, monitoring or other
22                               work and give the CEO reports and information
23                               about the tests, surveys, investigations,
24                               monitoring or work.
25                 (4)   If, without reasonable excuse, the proponent refuses or
26                       fails to comply with a requirement made under
27                       subsection (3), the proponent commits an offence.
28                 (5)   If a notification has been given under section 45(13)
29                       and the proponent does anything to implement the
30                       proposal to which the notification relates, the
31                       proponent commits an offence.



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1    47A.    Duration and withdrawal of Ministerial statement
2      (1)   The Ministerial statement relating to an approved
3            proposal continues to have effect unless it is withdrawn
4            or taken to have been withdrawn under this section.
5      (2)   This subsection applies if --
6             (a) the Ministerial statement relating to an
7                   approved proposal contains a condition
8                   mentioned in section 45A(1)(a) (the
9                   commencement condition); and
10            (b) the CEO gives the Minister written notice that,
11                  in the CEO's opinion, the commencement
12                  condition has not been complied with.
13     (3)   This subsection applies if the proponent of an approved
14           proposal requests the Minister, in writing, to withdraw
15           the Ministerial statement relating to the proposal and
16           the Minister is satisfied --
17             (a) that the proposal has been implemented and
18                  that the implementation conditions, if any, have
19                  been complied with or no longer need to be
20                  complied with; or
21             (b) that the impacts of the implementation of the
22                  proposal can be satisfactorily mitigated by way
23                  of licensing or some other form of regulatory
24                  control under this Act or another written law.
25     (4)   If subsection (2) or (3) applies, the Minister may
26           withdraw the Ministerial statement if the Minister
27           considers that it is appropriate to do so.
28     (5)   If under subsection (4) the Minister withdraws the
29           Ministerial statement relating to an approved proposal,
30           the Minister must cause notice of the withdrawal to be
31           served on --
32             (a) the Authority and the CEO; and


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1                         (b)   each decision-making authority that received
2                               the Ministerial statement under
3                               section 45(8)(a)(ii); and
4                         (c)   the proponent of the proposal; and
5                         (d)   the person who referred the proposal (if it was
6                               not referred by a person referred to in
7                               paragraph (b) or (c)).
8                  (6)   The Minister must cause notice of the withdrawal to be
9                        published as soon as is practicable after it is served
10                       under subsection (5).
11                 (7)   If the Ministerial statement relating to an approved
12                       proposal specifies that it has effect for a specified
13                       period, it is taken to have been withdrawn when that
14                       period ends.
15                 (8)   If a Ministerial statement is withdrawn or taken to have
16                       been withdrawn under this section, the statement has
17                       no further effect.

18           48.         Control of implementation of proposals
19                 (1)   The CEO may monitor the implementation of an
20                       approved proposal, or cause it to be monitored, for the
21                       purpose of determining whether the implementation
22                       conditions relating to the proposal are being complied
23                       with.
24                 (2)   If the CEO finds that any of the implementation
25                       conditions is not being complied with, the CEO --
26                         (a) may exercise any power in respect of the
27                               non-compliance that is exercisable by the CEO
28                               under a written law; and
29                         (b) in any event, must report the non-compliance to
30                               the Minister.




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1    (3)   This subsection applies if, under implementation
2          conditions, the implementation of the approved
3          proposal is subject to requirements made by --
4            (a) a decision-making authority; or
5            (b) another public authority with functions or
6                  expertise relevant to the proposal.
7    (4)   If subsection (3) applies, the decision-making authority
8          or other public authority may monitor that
9          implementation of the approved proposal, or cause it to
10         be monitored, for the purpose of determining whether
11         the implementation conditions of that kind are being
12         complied with.
13   (5)   If the decision-making authority or other public
14         authority finds that any implementation conditions of
15         that kind is not being complied with, it --
16           (a) may exercise any power in respect of the
17                 non-compliance that is exercisable by it under a
18                 written law or otherwise; and
19           (b) in any event, must report the non-compliance to
20                 the Minister.
21   (6)   The Minister may exercise one or more of the powers
22         set out in subsection (7) in relation to the approved
23         proposal if --
24           (a) the Minister receives any relevant report made
25                  under subsection (2)(b) or (5)(b); or
26           (b) the Minister is not satisfied with any relevant
27                  monitoring conducted under this section, any
28                  relevant exercise of power under this section or
29                  any relevant report made under this section.




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1              (7)   The powers of the Minister under subsection (6) are as
2                    follows --
3                      (a) after making reasonable endeavours to consult
4                           the proponent of the approved proposal --
5                           power to cause to be served on that proponent a
6                           written notice issued by the Minister requiring
7                           that proponent --
8                              (i) forthwith to stop the implementation of
9                                   the proposal; and
10                            (ii) not to resume the implementation of the
11                                  proposal during a period specified in
12                                  that notice being a period ending not
13                                  more than 28 days after the day on
14                                  which that notice is served;
15                     (b) power to cause to be served on the proponent of
16                          the relevant proposal a written notice issued by
17                          the Minister requiring that proponent to take the
18                          steps specified in the notice within the period
19                          so specified for the purpose of --
20                             (i) complying with the relevant
21                                  implementation condition; or
22                            (ii) preventing, controlling or abating any
23                                  pollution or environmental harm caused
24                                  by any non-compliance with the
25                                  relevant implementation condition;
26                     (c) power to cause the taking of steps necessary for
27                          the purpose of --
28                             (i) complying with the relevant
29                                  implementation condition; or
30                            (ii) preventing, controlling or abating any
31                                  pollution or environmental harm caused
32                                  by any non-compliance with the
33                                  relevant implementation condition;



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1                   (d)    if the Minister considers that the relevant
2                          condition or procedure should be changed --
3                          power to make a request under section 46(1).
4            (8)   Subject to section 101(4), the cost of taking any steps
5                  referred to in subsection (7)(c) is a debt due to the
6                  Crown by the proponent concerned and may be
7                  recovered from the proponent by the Minister by action
8                  in a court of competent jurisdiction and must, if so
9                  recovered, be credited to the Consolidated Account.
10           (9)   A proponent who does not comply with a notice served
11                 on the proponent under subsection (7)(a) or (b)
12                 commits an offence.
13          (10)   Subsection (9) does not apply to the resumption of the
14                 implementation of a proposal before the end of the
15                 period specified in a notice under subsection (7)(a)(ii)
16                 if the Minister has served a written notice on the
17                 proponent authorising implementation to be resumed.
18          (11)   It is not necessary to publish in the Gazette a notice
19                 served under subsection (7)(a) or (b) or (10).
20


21   32.     Part IV Division 2A inserted
22           After Part IV Division 2 insert:
23


24              Division 2A -- Payments relating to proposals
25         48AA. Fees and charges for referral and assessment of
26               proposals
27           (1)   Without limiting section 123(1) and (2), regulations
28                 may be made under section 123(1) prescribing fees or
29                 charges that are payable by proponents in prescribed
30                 circumstances in relation to the referral, assessment
31                 and implementation of proposals under Division 1 or 2.

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1                (2)   Moneys paid as fees and charges under subsection (1)
2                      are to be used for the purpose of defraying the costs
3                      incurred by the Department in receiving and assessing
4                      proposals and monitoring the implementation of
5                      proposals.
6


7    33.         Section 48A amended
8          (1)   In section 48A(1)(b)(i) delete "and any relevant
9                decision-making authority".
10         (2)   In section 48A(2) delete paragraph (b)(ii) and (iii) and insert:
11

12                              (ii)   the responsible authority,
13


14   34.         Section 48BA inserted
15               After section 48A insert:
16


17           48BA.     Request for further information about a referred
18                     scheme
19               (1)   In this section --
20                     information period means the 28 day period set by
21                     section 48A(1)(a), (b) or (c) or the 60 day period set by
22                     section 48A(1)(b).
23               (2)   This subsection applies if the Authority considers that
24                     it does not have enough information about a scheme
25                     referred to it under the relevant scheme Act to enable it
26                     to decide --
27                        (a) whether or not to assess the scheme; or
28                        (b) whether or not the scheme is by its nature
29                             incapable of being made environmentally
30                             acceptable.


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1                 (3)    If subsection (2) applies, the Authority may, by written
2                        notice (a requisition), request any person to provide it
3                        with additional information about the scheme before
4                        the end of a period specified in the notice (the
5                        compliance period).
6                 (4)    In determining whether an information period has
7                        ended the following are to be disregarded --
8                          (a) if a requisition is complied with within the
9                                compliance period -- the period from the day
10                               on which it was issued until the day on which it
11                               was complied with;
12                         (b) if a requisition is not complied with within the
13                               compliance period -- the compliance period.
14


15   35.          Section 48B amended
16         (1)    In section 48B(1) delete "shall, subject to this section," and
17                insert:
18

19                must
20

21         (2)    Delete section 48B(2).

22   36.          Section 48C amended
23         (1)    Delete section 48C(4) and insert:
24

25               (3A)    The Authority may cause to be published --
26                        (a) any report made in compliance with a
27                             requirement made under subsection (1)(a)
28                             or (aa); or
29                        (b) any information provided in compliance with a
30                             requirement made under subsection (1)(b).



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1              (4)    When publishing a report or information under
2                     subsection (3A) the Authority may --
3                       (a) declare the report or information to be available
4                            for public review; and
5                       (b) specify the period within which, the extent to
6                            which and the manner in which public
7                            authorities or persons may make submissions to
8                            the Authority in respect of the report or
 9                           information.
10

11      (2)    In section 48C(5) delete "made available for public review
12             under subsection (4) or" and insert:
13

14             declared to be available for public review under
15             subsection (4)(a) or made available for public review under
16

17      (3)    Delete section 48C(5)(a)(i) and insert:
18

19                             (i)   at its own expense, publish notice that
20                                   the report or information is available for
21                                   public review; and
22

23      (4)    In section 48C(6):
24               (a) delete "subsections (3), (4) and (5)," and insert:
25

26                     subsections (3) to (5),
27

28              (b)    in paragraph (b), delete "subsections (3), (4) and (5)"
29                     and insert:
30

31                     subsections (3) to (5)
32




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1    37.         Section 48D amended
2          (1)   In section 48D(1):
3                  (a) delete paragraph (d) and insert:
4

5                           (d)   the Authority's recommendations as to whether
6                                 or not that scheme may be implemented and, if
7                                 it recommends that the scheme be
8                                 implemented, as to the conditions, if any, to
9                                 which that scheme should be subject.
10

11                 (b)      delete "and may make such recommendations in that
12                          report as it sees fit."
13         (2)   In section 48D(3)(b)(iii) delete "relates and any relevant
14               decision-making authority." and insert:
15

16               relates.
17


18   38.         Sections 48F and 48G deleted
19               Delete sections 48F and 48G.

20   39.         Sections 48EA, 48F and 48G inserted
21               At the beginning of Part IV Division 4 insert:
22


23           48EA.       Terms used
24                       In this Division --
25                       implementation conditions means the conditions, if
26                       any, agreed or decided in relation to a scheme under
27                       section 48F or 48J(d);




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1                    implementation issue means --
2                      (a) whether or not the scheme may be
3                           implemented; and
4                      (b) the conditions, if any, to which the scheme, if
5                           implemented, should be subject;
6                    scheme means the scheme to which a report published
7                    under section 48D(3) relates.

8            48F.    Procedure for agreeing or deciding on conditions to
9                    which schemes are to be subject
10             (1)   After causing a report to be published under
11                   section 48D(3) the Minister must consult and, if
12                   possible, agree with the responsible Minister on the
13                   implementation issues.
14             (2)   If an agreement is made under this section, or a
15                   decision is made under section 48J(d), that the scheme
16                   may be implemented and as to the conditions, if any, to
17                   which the scheme should be subject, the Minister
18                   must --
19                     (a) cause copies of a statement which sets out the
20                           implementation issues agreed or decided on to
21                           be delivered to --
22                              (i) the Authority; and
23                             (ii) the responsible Minister; and
24                            (iii) any other Minister to whom a copy of
25                                   the report has been given under
26                                   section 48D(3)(b)(ii) and the
27                                   responsible authority;
28                           and
29                     (b) cause that statement to be published as soon
30                           after the delivery referred to in paragraph (a) as
31                           is practicable.



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1      (3)   Despite anything in this section or section 48J --
2             (a) an agreement or decision on any of the
3                   implementation issues relating to the scheme
4                   cannot be made under this section or
5                   section 48J during the period of 21 days
6                   referred to in section 100(3a)(c); and
7             (b) if an appeal is lodged under section 100(1)(e) in
8                   respect of the report, an agreement or decision
9                   on any of the implementation issues relating to
10                  the scheme cannot be made under this section
11                  or section 48J while the appeal is pending
12                  except for the purposes of section 101(2d)(a).

13   48G.    Review of conditions in statements published under
14           section 48F
15     (1)   A responsible authority may, after the publication of a
16           statement under section 48F(2)(b) that sets out
17           implementation conditions and before the responsible
18           Minister or the Governor grants final approval of the
19           scheme to which that statement relates, request the
20           responsible Minister to initiate a review of any
21           implementation conditions.
22     (2)   If the responsible Minister agrees to a request under
23           subsection (1), the responsible Minister and the
24           Minister must consult each other and attempt to agree
25           on whether or not the implementation conditions
26           should be altered and, if so, to what extent.
27     (3)   If implementation conditions are altered by agreement
28           under this section or a decision under section 48J(e),
29           the Minister must --
30             (a) cause copies of a statement setting out those
31                   conditions as altered to be delivered to --
32                     (i) the Authority; and
33                    (ii) the responsible Minister; and


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1                               (iii) the responsible authority;
2                              and
3                        (b)   cause that statement to be published as soon
4                              after the service referred to in paragraph (a) as
5                              is practicable.
6                (4)   Conditions altered by agreement under this section or a
7                      decision under section 48J(e) are taken for the purposes
8                      of this Act to have been agreed under section 48F or
9                      decided under section 48J.
10


11   40.         Section 48H amended
12               In section 48H(1) delete "condition agreed under section 48F or
13               decided under section 48J" and insert:
14

15               implementation condition
16


17   41.         Section 48J amended
18         (1)   Delete section 48J(d) and insert:
19

20                       (d)   on an implementation issue; or
21

22         (2)   In section 48J(e) delete "conditions referred to in
23               section 48G(2)" and insert:
24

25               implementation conditions
26


27   42.         Section 51 deleted
28               Delete section 51.



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1    43.         Section 51A amended
2          (1)   In section 51A insert in alphabetical order:
3

4                      agreement to reserve means an agreement to reserve as
5                      referred to in the SLC Act section 30B(2);
6                      conservation covenant means a conservation covenant
7                      as referred to in the SLC Act section 30B(2);
8                      SLC Act means the Soil and Land Conservation
9                      Act 1945;
10                     soil conservation notice has the same meaning as it has
11                     in the SLC Act Part V.
12

13         (2)   In section 51A in the definition of purpose permit delete
14               "section 51E(8)." and insert:
15

16               section 51E(8);
17


18   44.         Sections 51B to 51D replaced
19               Delete sections 51B, 51C and 51D and insert:
20


21           51B.      Declaration of environmentally sensitive areas by
22                     regulation
23                     Regulations may declare as an environmentally
24                     sensitive area for the purposes of this Part --
25                       (a) an area of the State specified in the regulations;
26                             or
27                       (b) an area of the State of a class specified in the
28                             regulations.




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1            51C.    Unauthorised clearing of native vegetation
2                    A person who causes or allows clearing commits an
3                    offence unless --
4                      (a) the clearing is done in accordance with a
5                           clearing permit; or
6                      (b) the clearing is of a kind set out in Schedule 6;
7                           or
8                      (c) the clearing is of a kind prescribed for the
9                           purposes of this paragraph and is not done in an
10                          environmentally sensitive area; or
11                     (d) the clearing is done after the person has
12                          received notice under section 51DA(5) that the
13                          CEO has decided that the person should not be
14                          required to obtain a clearing permit for the
15                          clearing.

16           51D.    Section 51C(a) does not apply to certain land
17             (1)   In this section --
18                   Commissioner means the person for the time being
19                   holding or acting in the office of the Commissioner of
20                   Soil and Land Conservation under the SLC Act.
21             (2)   Section 51C(a) does not apply to clearing on land the
22                   subject of an agreement to reserve unless --
23                     (a) the clearing permit was granted with the written
24                           approval of the Commissioner; or
25                     (b) the clearing is done with the written approval of
26                           the Commissioner.
27             (3)   Section 51C(a) does not apply to clearing --
28                    (a) on land the subject of a conservation covenant;
29                          or




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1             (b)   on land the subject of an environmental
2                   protection covenant; or
3             (c)   in contravention of a soil conservation notice.

4    51DA. Referral of proposed clearing to CEO for decision
5          on whether a clearing permit should be obtained
6      (1)   This section applies to clearing unless --
7             (a) it is on land the subject of an agreement to
8                   reserve; or
9             (b) it is on land the subject of a conservation
10                  covenant; or
11            (c) it is on land the subject of an environmental
12                  protection covenant.
13     (2)   A person who proposes to do clearing to which this
14           section applies (the referrer) may refer the proposed
15           clearing to the CEO in the form and in the manner
16           approved by the CEO.
17     (3)   The CEO must consider proposed clearing referred
18           under subsection (2) and decide whether or not the
19           referrer should be required to obtain a clearing permit
20           for the proposed clearing.
21     (4)   In making a decision under subsection (3) the CEO
22           must have regard to --
23             (a) whether the area proposed to be cleared (the
24                  area) is small relative to the total remaining
25                  vegetation --
26                    (i) within the region in which the area is
27                          situated; or
28                   (ii) of the ecological community of which
29                          the vegetation proposed to be cleared
30                          forms part;
31                  and


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1                     (b)    whether there are any known or likely
2                            significant environmental values within the
3                            area; and
4                      (c)   whether the state of scientific knowledge about
5                            vegetation within the region in which the area
6                            is situated is adequate; and
7                     (d)    whether the issues that would arise as a result
8                            of the proposed clearing are likely to require
9                            conditions to manage or mitigate effects on the
10                           environment.
11             (5)   The CEO must give the referrer notice in writing of a
12                   decision made by the CEO under subsection (3).
13             (6)   If the CEO considers that the proposed clearing would
14                   contravene a soil conservation notice, no decision is to
15                   be made under subsection (3) and the CEO must give
16                   the referrer notice in writing that the proposed clearing
17                   cannot be done.
18             (7)   The CEO must publish --
19                    (a) the referral of proposed clearing under
20                         subsection (2); and
21                    (b) the notice given under subsection (5) or (6).
22             (8)   The referrer may, in writing, request the CEO to treat
23                   the referral of proposed clearing under subsection (2)
24                   as an application for a clearing permit under
25                   section 51E(1) if the referrer --
26                     (a) receives notice under subsection (5) that the
27                           CEO has decided that the referrer should be
28                           required to obtain a clearing permit for the
29                           proposed clearing; or
30                     (b) does not receive any notice under
31                           subsection (5) or (6) within the period of
32                           21 days after referring the proposed clearing.



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1                 (9)     If a request is made under subsection (8), the referral
2                         may be dealt with under section 51E as an application
3                         that complies with section 51E(1) and (2) if --
4                           (a) the referral was made in the form and manner
5                                 mentioned in subsection (2); and
6                           (b) the referral met the requirements set out in
7                                 section 51E(1)(b) and (d) and (2); and
8                           (c) the request is accompanied by the fee referred
9                                 to in section 51E(1)(c).
10


11   45.          Section 51E amended
12         (1)    In section 51E(1):
13                  (a) delete "shall --" and insert:
14

15                         must --
16

17                  (b)    delete paragraph (d) and insert:
18

19                         (d)   contain or be accompanied by any information
20                               required as indicated in the form or in material
21                               accompanying the form.
22

23         (2)    After section 51E(1) insert:
24

25               (1A)     If the CEO requires further information to determine
26                        the application, the CEO may, by written notice given
27                        to the applicant, require the applicant to give the CEO
28                        further specified information within a specified time.
29




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1       (3)     Delete section 51E(3) to (6) and insert:
2

3               (3)   If an application does not comply with subsections (1)
4                     and (2), or further information is not provided in
5                     accordance with subsection (1A), the CEO must
6                     decline to deal with the application and advise the
7                     applicant accordingly.
8               (4)   If, under subsection (3), the CEO declines to deal with
9                     the application, the CEO does not have to perform any
10                    function under any of subsections (4A) to (12) in
11                    relation to the application.
12            (4A)    The CEO must invite comments on the application
13                    within a period specified by the CEO from any public
14                    authority or person which or who has, in the opinion of
15                    the CEO, a direct interest in the subject matter of the
16                    application.
17             (4B)   The CEO must publish --
18                     (a) the application; and
19                     (b) the information mentioned in subsection (1)(d).
20             (4C)   When publishing the application and information under
21                    subsection (4B) the CEO must --
22                      (a) invite any person who wishes to comment on
23                           the application and information to do so; and
24                      (b) specify the period within which comments can
25                           be made.
26              (5)   The CEO must, subject to this Division --
27                     (a) grant a clearing permit subject to such of the
28                          conditions referred to in section 51H as the
29                          CEO specifies in the permit; or
30                     (b) refuse to grant a clearing permit.




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1                (5A)   In determining whether to grant a clearing permit and
2                       the conditions to which the clearing permit is to be
3                       subject, the CEO must take into account any comments
4                       made pursuant to an invitation under subsection (4A)
5                       or (4C) in respect of the application.
6                 (6)   The CEO must give the applicant written notice of the
7                       refusal to grant a clearing permit.
8

9          (4)    After section 51E(10) insert:
10

11           (10A)      The CEO must publish notice of --
12                       (a) the grant of a clearing permit; or
13                       (b) a refusal to grant a clearing permit.
14

15         (5)    In section 51E(11) delete "(5)(b), (6) or (7)(a)" and insert:
16

17                (5), (5A), (6), (7)(a) or (10A)
18

19                Note: The heading to amended section 51E is to read:
20                      How applications for clearing permits are made and dealt with

21   46.          Section 51F replaced
22                Delete section 51F and insert:
23


24           51F.       Effect of referred proposal on decisions about
25                      clearing
26                (1)   In this section --
27                      clearing decision means --
28                        (a) a decision under section 51DA(3) as to whether
29                               or not a clearing permit is needed for proposed
30                               clearing; or

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1                     (b)    a decision under section 51E(5) to grant or
2                            refuse to grant a clearing permit for proposed
3                            clearing.
4              (2)   For the purposes of this section, proposed clearing is
5                    related to a referred proposal if the clearing, while not
6                    part of the referred proposal, is connected or associated
7                    with it in such a way that the clearing would not need
8                    to be done if the implementation of the referred
9                    proposal did not proceed.
10             (3)   Despite subsection (2), clearing that is proposed so that
11                   tests, surveys, investigations or other work --
12                     (a) can be done to comply with a requirement
13                            made under section 40(2)(a), (aa) or (b); or
14                     (b) can be done under section 40(2a),
15                   for the purposes of assessing a referred proposal is not
16                   related to the referred proposal for the purposes of this
17                   section.
18             (4)   While any decision-making authority is precluded by
19                   section 41 from making a decision that could have the
20                   effect of causing or allowing a referred proposal to be
21                   implemented, the CEO must not make a clearing
22                   decision concerning proposed clearing that is related to
23                   the referred proposal.
24             (5)   The CEO must not make a clearing decision
25                   concerning proposed clearing that is related to a
26                   referred proposal if the decision is contrary to, or
27                   otherwise than in accordance with, a Ministerial
28                   statement.
29             (6)   Subsections (4) and (5) do not apply if the proposed
30                   clearing is for the purpose of doing minor or
31                   preliminary work to which the Authority has consented
32                   under section 41A(3).



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1                (7)   If a decision-making authority makes a decision that
2                      has the effect of preventing the implementation of a
3                      proposal to which proposed clearing is related, the
4                      CEO does not have to make a clearing decision
5                      concerning the proposed clearing while the
6                      decision-making authority's decision has effect.
7


8    47.         Section 51H amended
9                In section 51H(1) before "offsetting" insert:
10

11               directly or indirectly
12


13   48.         Section 51I amended
14         (1)   Delete section 51I(2)(b) and (c) and insert:
15

16                       (b)   establish and maintain vegetation on other land
17                             in order to directly or indirectly offset the loss
18                             of the cleared vegetation;
19                       (c)   contribute moneys to be used for the purpose of
20                             establishing or maintaining vegetation on other
21                             land;
22                      (ca)   give an environmental undertaking in relation
23                             to specified other land;
24                      (cb)   arrange for an environmental protection
25                             covenant to be given by a specified person
26                             other than the permit holder in relation to
27                             specified other land;
28




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1          (2)    After section 51I(2) insert:
2

3                (2A)   If a condition of a clearing permit requires the holder
4                       of the permit to give or arrange the giving of an
5                       environmental undertaking as referred to in
6                       subsection (2)(ca) or (cb), the condition can require
7                       that the holder of the permit not cause or allow clearing
8                       on any land on which clearing is authorised by the
9                       permit until the environmental undertaking is given.
10

11         (3)    In section 51I(4) insert in alphabetical order:
12

13                      give includes enter into;
14                      other land means land other than land cleared under
15                      the clearing permit;
16


17   49.          Section 51J amended
18                Delete section 51J(2) and insert:
19

20                (2)   If a clearing permit is subject to a condition referred to
21                      in section 51I(2)(ca), a reference in this Division to a
22                      contravention of a condition includes a reference to a
23                      contravention of the environmental undertaking given
24                      or entered into by the permit holder.
25


26   50.          Section 51K amended
27         (1)    In section 51K(1):
28                  (a) in paragraph (c) delete "section 51I(2)(b) or (c)" and
29                        insert:
30

31                        section 51I(2)(b), (ca) or (cb)


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1

2                 (b)    after paragraph (c) insert:
3

4                       (ca)   in the case of a purpose permit, adding,
5                              deleting, modifying or redescribing a purpose
6                              for which clearing may be done under the
7                              permit; or
8

9          (2)   Delete section 51K(2) and insert:
10

11               (2)    A clearing permit may be amended --
12                       (a) on application by the holder of the permit; or
13                       (b) on the initiative of the CEO.
14


15   51.         Sections 51KA and 51KB inserted
16               After section 51K insert:
17


18           51KA. Application to amend clearing permit
19               (1)    An application under section 51K(2)(a) for an
20                      amendment to a clearing permit must --
21                       (a) be made in the manner and form approved by
22                             the CEO; and
23                       (b) be accompanied by the fee prescribed by or
24                             determined under the regulations; and
25                       (c) contain or be accompanied by any information
26                             required as indicated in the form or in material
27                             accompanying the form.
28               (2)    If the CEO requires further information to determine
29                      the application, the CEO may, by written notice given
30                      to the applicant, require the applicant to give the CEO
31                      further specified information within a specified time.

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1                  (3)   If an application for an amendment to a clearing permit
2                        does not comply with subsection (1), or further
3                        information is not provided in accordance with
4                        subsection (2), the CEO must decline to deal with the
5                        application and advise the applicant accordingly.
6                  (4)   On an application under section 51K(2)(a) for an
7                        amendment to a clearing permit the CEO must, subject
8                        to this Division --
9                          (a) amend the clearing permit; or
10                         (b) refuse to amend the clearing permit.
11           (5)         The CEO must give the applicant written notice of the
12                       following actions under this section--
13                         (a) an amendment of a clearing permit;
14                         (b) a refusal to amend a clearing permit.
15                 (6)   Without limiting subsection (5)(a), notice of an
16                       amendment can be given in the form of a revised
17                       clearing permit.
18                 (7)   The CEO must publish notice of a decision under this
19                       section to --
20                         (a) amend a clearing permit; or
21                         (b) refuse to amend a clearing permit.

22           51KB. Effect of referred proposal on application to amend
23                 clearing permit
24                 (1)   For the purposes of this section, an amendment of a
25                       clearing permit (a proposed amendment) is related to a
26                       referred proposal if the proposed amendment is
27                       connected or associated with the referred proposal in
28                       such a way that the proposed amendment would not
29                       need to be made if the implementation of the referred
30                       proposal did not proceed.



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1          (2)     While any decision-making authority is precluded by
2                  section 41 from making a decision in relation to a
3                  referred proposal, the CEO must not make a proposed
4                  amendment that is related to the referred proposal.
5          (3)     The CEO must not make a proposed amendment that is
6                  related to a referred proposal if the proposed
7                  amendment is contrary to, or otherwise than in
8                  accordance with, a Ministerial statement.
9          (4)     If a decision-making authority makes a decision that
10                 has the effect of preventing the implementation of a
11                 referred proposal to which a proposed amendment is
12                 related, the CEO does not have to make a decision as to
13                 the proposed amendment while the decision-making
14                 authority's decision has effect.
15


16   52.   Section 51L amended
17         In section 51L(2):
18           (a) in paragraph (a) delete "breach" and insert:
19

20                  contravention
21

22          (b)     in paragraph (c) delete "respect; or" and insert:
23

24                  respect.
25

26           (c)    delete paragraph (d).




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1    53.         Section 51M amended
2          (1)   Delete section 51M(1) and (2) and insert:
3

4                (1)    This section applies to the amendment of a clearing
5                       permit under section 51K(2)(b), or the revocation or
6                       suspension of a clearing permit under section 51L(1).
7                (2)    Before amending, revoking or suspending a clearing
8                       permit (the proposed action) the CEO must give the
9                       holder of the permit a written notice under this
10                      subsection.
11

12         (2)   In section 51M(3) delete "is to --" and insert:
13

14               must --
15

16         (3)   In section 51M(5):
17                 (a) in paragraph (a) delete "gives the CEO written notice"
18                       and insert:
19

20                       advises the CEO in writing
21

22                (b)    in paragraph (b) delete "notice" (1st occurrence) and
23                       insert:
24

25                       advice
26

27         (4)   In section 51M(6) delete "is to" and insert:
28

29               must
30




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1          (5)    Delete section 51M(8) and insert:
2

3                 (8)    Subsections (1) to (7) do not apply to anything done by
4                        the CEO under section 110(1) to give effect to a
5                        decision of the Minister under section 107(2) or 109(3)
6                        on an appeal.
7

8          (6)    Delete section 51M(9).
9          (7)    In section 51M(10) delete "is to" and insert:
10

11                must
12

13         (8)    After section 51M(11) insert:
14

15               (12)    The CEO must publish notice of the amendment,
16                       revocation or suspension of a clearing permit.
17

18                Note: The heading to amended section 51M is to read:
19                       Procedure for CEO when amending, revoking or suspending
20                       clearing permit

21   54.          Section 51MA inserted
22                After section 51M insert:
23


24           51MA. Surrendering clearing permit
25                (1)    The holder of a clearing permit may apply to the CEO
26                       to surrender the permit.
27                (2)    An application to surrender a clearing permit must --
28                        (a) be made in the form and in the manner
29                              approved by the CEO; and


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1                     (b)    contain or be accompanied by any information
2                            required as indicated in the form or in material
3                            accompanying the form; and
4                      (c)   be accompanied by the fee prescribed by or
5                            determined under the regulations.
6              (3)   If the CEO requires further information to determine
7                    the application, the CEO may, by written notice given
8                    to the applicant, require the applicant to give the CEO
9                    further specified information within a specified time.
10             (4)   If the application does not comply with subsection (2),
11                   or further information is not provided in accordance
12                   with subsection (3), the CEO must decline to deal with
13                   the application and advise the applicant accordingly.
14             (5)   If, under subsection (4), the CEO declines to deal with
15                   the application, the CEO does not have to perform any
16                   function under subsections (6) to (10) in relation to the
17                   application.
18             (6)   The CEO must publish the application.
19             (7)   The CEO must consider the application and must --
20                    (a) accept the surrender; or
21                    (b) if not satisfied that the conditions of the
22                         clearing permit have been complied with,
23                         refuse to accept the surrender.
24             (8)   The CEO must give the holder of the clearing permit
25                   written notice of the CEO's decision on the application.
26             (9)   If the CEO accepts the surrender the clearing permit
27                   ceases to be in force when the notice under
28                   subsection (8) is given.




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1                (10)    The CEO must publish notice of --
2                         (a) acceptance of the surrender; or
3                         (b) refusal to accept the surrender.
4


5    55.          Section 51O amended
6          (1)    In section 51O(1):
7                   (a) in the definition of decision delete "matter;" and insert:
8

9                         matter.
10

11                 (b)    delete the definition of planning instrument.
12         (2)    In section 51O(3) delete "and published".
13         (3)    In section 51O(4) after "any" insert:
14

15                development approval,
16


17   56.          Section 51P amended
18                After section 51P(3) insert:
19

20                (4)    Without limiting section 51F(5) or 51KB(3),
21                       subsection (3) does not authorise the imposition of a
22                       condition that is contrary to, or not in accordance with,
23                       a Ministerial statement.
24




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1    57.       Section 51Q replaced
2              Delete section 51Q and insert:
3


4            51Q.   CEO to keep a record of clearing permits and
5                   related matters
6                   The CEO must keep a public record of --
7                    (a) such particulars of the following as are
8                         prescribed --
9                            (i) applications for clearing permits and
10                                amendments of clearing permits;
11                          (ii) clearing permits and amendments of
12                                clearing permits;
13                         (iii) the surrender, suspension and
14                                revocation of clearing permits;
15                         (iv) undertakings mentioned in
16                                section 51E(9);
17                          (v) notifications received under
18                                section 51N(1);
19                         (vi) environmental protection covenants;
20                        and
21                   (b) such other information and documents relating
22                        to clearing permits as are prescribed.
23


24   58.       Section 51R amended
25             Delete section 51R(1) and (2).

26   59.       Section 51S deleted
27             Delete section 51S.




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1    60.         Part V Division 3 replaced
2                Delete Part V Division 3 and insert:
3


4                                Division 3 -- Licences
5                             Subdivision 1 -- Preliminary

6          52.        Terms used
7                     In this Division --
8                     controlled work means --
9                       (a) work at premises that is designed to enable a
10                            prescribed activity that is not authorised by a
11                            licence to be carried out at the premises; and
12                      (b) work at premises that is designed to change the
13                            way of carrying out a prescribed activity that is
14                            authorised by a licence to be carried out at the
15                            premises if the change will --
16                               (i) cause an emission that is not authorised
17                                    by the licence; or
18                              (ii) result in an alteration in the nature or
19                                    volume of an emission authorised by the
20                                    licence;
21                            and
22                      (c) any other thing that is specified by the
23                            regulations as being controlled work for the
24                            purposes of this definition,
25                    but does not include anything that is specified by the
26                    regulations as not being controlled work for the
27                    purposes of this definition;
28                    work includes --
29                      (a) the construction or alteration of any building or
30                            structure; and


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1                         (b)   the installation or alteration of any plant or
2                               equipment.

3            53.         Purpose of licence
4                  (1)   A licence may be granted for the following purposes --
5                         (a) to authorise the carrying out of controlled work;
6                         (b) to authorise the carrying out of a prescribed
7                               activity;
8                         (c) to deal with the carrying out of an activity that
9                               would be a prescribed activity if it met the
10                              prescribed threshold for that category of
11                              activity.
12                 (2)   A licence may be granted or amended so as to cover
13                       any or all of the work and activities referred to in
14                       subsection (1).
15                 (3)   Without limiting subsection (1), a licence authorising
16                       the carrying out of a prescribed activity may provide
17                       that the prescribed activity is only authorised to be
18                       carried out at premises specified in the licence.
19                 (4)   A licence authorising or dealing with the carrying out
20                       of work or an activity may prohibit, authorise, control
21                       or regulate any act, omission, emission or impact on
22                       the environment related to the work or activity to an
23                       extent, and in a manner, considered by the CEO to be
24                       necessary or convenient for the purposes of this Act
25                       relating to the prevention, control, abatement or
26                       mitigation of pollution or environmental harm.
27                 (5)   For the purposes of subsection (4) it does not matter
28                       whether the act, omission, emission or impact on the
29                       environment occurs on premises on which the work or
30                       activity is carried out or not.
31                 (6)   Subsection (4) does not limit Subdivision 5.


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1             Subdivision 2 -- Requirement for licence

2    53A.    Licence for controlled work
3      (1)   A person who carries out controlled work, or causes or
4            allows controlled work to be carried out, commits an
5            offence unless --
6              (a) the carrying out of the controlled work is
7                   authorised by a licence; and
8              (b) the person --
9                      (i) is the holder of the licence; or
10                    (ii) is directly or indirectly engaged,
11                          authorised or permitted by the holder of
12                          the licence to carry out the controlled
13                          work.
14     (2)   Subsection (1) does not apply to controlled work
15           carried out in accordance with a requirement in a notice
16           given or issued under Division 4.

17   53B.    Licence for prescribed activity
18     (1)   A person who carries out a prescribed activity, or
19           causes or allows a prescribed activity to be carried out,
20           commits an offence unless --
21             (a) the carrying out of the prescribed activity is
22                  authorised by a licence; and
23             (b) the person --
24                     (i) is the holder of the licence; or
25                    (ii) is directly or indirectly engaged,
26                          authorised or permitted by the holder of
27                          the licence to carry out the prescribed
28                          activity.
29     (2)   Subsection (1) does not apply to a prescribed activity
30           carried out in accordance with a requirement in a notice
31           given or issued under Division 4.

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1                           Subdivision 3 -- Applications

2            53C.    Kinds of application
3              (1)   A person may apply to the CEO for a licence.
4              (2)   The holder of a licence may apply to the CEO --
5                     (a) for the amendment of the licence; or
6                     (b) to transfer the licence; or
7                     (c) to surrender the licence.

8            53D.    Requirements as to applications
9              (1)   An application under section 53C must --
10                    (a) be made in the form and in the manner
11                          approved by the CEO; and
12                    (b) contain or be accompanied by any information
13                          required as indicated in the form or in material
14                          accompanying the form.
15             (2)   If the CEO requires further information to determine
16                   the application, the CEO may, by written notice given
17                   to the applicant, require the applicant to give the CEO
18                   further specified information within a specified time.
19             (3)   If the application does not comply with subsection (1),
20                   or further information is not provided in accordance
21                   with subsection (2), the CEO must decline to deal with
22                   the application and advise the applicant accordingly.
23             (4)   If, under subsection (3), the CEO declines to deal with
24                   the application, the CEO does not have to perform any
25                   function under section 53E, 54, 55, 59 or 60 in relation
26                   to the application.




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1    53E.    Consultation in respect of application for licence or
2            for amendment of licence
3      (1)   In this section --
4            application means an application under section 53C for
5            a licence or for the amendment of a licence;
6            designated area means --
7              (a) a catchment area or water reserve constituted
8                     under the Country Areas Water Supply
9                     Act 1947 or the Metropolitan Water Supply,
10                    Sewerage, and Drainage Act 1909; or
11             (b) an Underground Water Pollution Control Area
12                    constituted under the Metropolitan Water
13                    Supply, Sewerage, and Drainage Act 1909; or
14             (c) a watercourse or wetland to and in relation to
15                    which the Rights in Water and Irrigation
16                    Act 1914 Part III Division 1B applies; or
17             (d) a proclaimed area declared under section 26B,
18                    or irrigation district constituted under
19                    section 28, of the Rights in Water and
20                    Irrigation Act 1914;
21           Minister (Water Resources) means the Minister
22           administering the Water Agencies (Powers) Act 1984.
23     (2)   The CEO must invite comments on an application
24           within a period specified by the CEO from --
25            (a) any public authority or person which or who
26                   has, in the opinion of the CEO, a direct interest
27                   in the subject matter of the application; and




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1                         (b)   in the case of an application for a licence for
2                               the discharge of waste into a designated area or
3                               for an amendment relating to that discharge, a
4                               person nominated by the Minister (Water
5                               Resources).
6                  (3)   The CEO must publish --
7                         (a) an application; and
8                         (b) the information mentioned in
9                              section 53D(1)(b).
10                 (4)   When publishing the application and information under
11                       subsection (3) the CEO must --
12                         (a) invite any person who wishes to comment on
13                              the application and information to do so; and
14                         (b) specify the period within which comments can
15                              be made.

16                           Subdivision 4 -- Licence provisions

17           54.         How applications are dealt with
18                 (1)   On an application under section 53C(1) for a licence
19                       the CEO must, subject to this Division --
20                         (a) grant a licence subject to such of the conditions
21                              referred to in section 61 as the CEO specifies in
22                              the licence; or
23                         (b) refuse to grant a licence.
24                 (2)   In determining whether to grant a licence and the
25                       conditions to which the licence is to be subject, the
26                       CEO --
27                         (a) must take into account any comments made
28                               pursuant to an invitation under section 53E(2)
29                               or (4)(a) in respect of the application; and




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1             (b)   must have regard to --
2                      (i) any prescribed standards the CEO
3                            considers relevant; and
4                     (ii) any development approval or planning
5                            instrument the CEO considers relevant;
6                            and
7                    (iii) whether the applicant would have, and
8                            be capable of exercising, substantial
9                            control over the carrying out of work or
10                           activity that would be authorised or
11                           dealt with by the licence if the licence
12                           were granted; and
13                   (iv) any other matter the CEO considers
14                           relevant;
15                  and
16            (c)   if the licence is to authorise the carrying out of
17                  a prescribed activity, must have regard to
18                  whether in the opinion of the CEO the
19                  conditions of any relevant licence in force in
20                  relation to controlled work to enable the
21                  prescribed activity to be carried out have been
22                  complied with.
23     (3)   If under subsection (1)(b) the CEO refuses to grant a
24           licence, the CEO must give written notice of the refusal
25           to the applicant.
26     (4)   The CEO must publish notice of --
27            (a) the grant of a licence; or
28            (b) a refusal to grant a licence.

29   54A.    Duration of licence
30           Unless it is surrendered or revoked, a licence continues
31           in force for the period specified in the licence.



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1            55.         Amendment of licence
2                  (1)   On an application under section 53C(2)(a) for the
3                        amendment of a licence the CEO must, subject to this
4                        Division --
5                         (a) amend the licence; or
6                         (b) refuse to amend the licence.
7                  (2)   A licence may be amended by the CEO on the CEO's
8                        initiative.
9                  (3)   The CEO may amend a licence under subsection (1)(a)
10                       or (2) by --
11                         (a) removing or varying any condition to which the
12                               licence is subject; or
13                         (b) subjecting the licence to a new condition; or
14                         (c) redescribing the boundaries or area of any
15                               premises referred to in the licence; or
16                         (d) adding, deleting, modifying or redescribing any
17                               work or activity the carrying out of which is
18                               authorised or dealt with by the licence; or
19                         (e) correcting in the licence --
20                                  (i) a clerical mistake or unintentional error
21                                       or omission; or
22                                 (ii) a figure which has been miscalculated;
23                                       or
24                                (iii) the misdescription of any person, thing
25                                       or property;
26                               or
27                          (f) making an administrative change to the format
28                               of the licence that does not alter the obligations
29                               of the holder of the licence; or
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1           (h)    deleting any discharge point or emission point
2                  which is no longer in use; or
3            (i)   amending the licence in conformity with an
4                  approved policy or prescribed standard or with
5                  an exemption conferred under this Act; or
6            (j)   amending the licence to give effect to a
7                  decision of the Minister under this Act (whether
8                  on an appeal or otherwise); or
9           (k)    extending the duration of the licence.
10   (4)   In determining whether to amend a licence under this
11         section, the CEO --
12           (a) if subsection (1) applies, must take into account
13                 any comments made pursuant to an invitation
14                 under section 53E(2) or (4)(a) in respect of the
15                 application; and
16           (b) must have regard to --
17                    (i) any prescribed standards the CEO
18                         considers relevant; and
19                   (ii) any development approval or planning
20                         instrument the CEO considers relevant;
21                         and
22                  (iii) any other matter the CEO considers
23                         relevant;
24                 and
25           (c) if acting under subsection (3)(d), must have
26                 regard to whether the holder of the licence
27                 would have, and be capable of exercising,
28                 substantial control over the carrying out of the
29                 work or activity in question; and




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1                         (d)   if the amendments are to authorise the carrying
2                               out of a prescribed activity, must have regard to
3                               whether the conditions of any relevant licence
4                               in force in relation to controlled work to enable
5                               the prescribed activity to be carried out have
6                               been complied with.
7                  (5)   If under subsection (1)(b) the CEO refuses to amend a
8                        licence, the CEO must give written notice of the refusal
9                        to the applicant.
10                 (6)   The CEO must publish notice of --
11                        (a) the amendment of a licence; or
12                        (b) a refusal to amend a licence.

13           56.         Revocation or suspension of licence
14                 (1)   The CEO may revoke a licence.
15                 (2)   The CEO may suspend a licence --
16                        (a) in respect of all the work or all the activities
17                             authorised or dealt with by the licence; or
18                        (b) in respect of some of the work or some of the
19                             activities authorised or dealt with by the
20                             licence.
21                 (3)   The grounds for revocation or suspension of a licence
22                       are that --
23                         (a) the CEO is satisfied that there has been a
24                               contravention of any of the conditions to which
25                               the licence is subject; or
26                         (b) the carrying out of work or an activity
27                               authorised or dealt with by the licence is
28                               exempted by the regulations from requiring a
29                               licence; or




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1                 (c)    information contained in or supporting the
2                        application was false or misleading in a
3                        material respect; or
4                 (d)    the holder of the licence has not paid a
5                        prescribed fee in respect of the licence; or
6                 (e)    the current business address of the holder of the
7                        licence is unknown to the CEO; or
8                  (f)   a development approval or planning instrument
9                        required to carry out controlled work or a
10                       prescribed activity under the licence is no
11                       longer in force; or
12                (g)    in the opinion of the CEO, the holder of the
13                       licence no longer has, or is no longer capable of
14                       exercising, substantial control over the carrying
15                       out of work or an activity authorised or dealt
16                       with by the licence.

17   57.         Notice and submissions in respect of proposed
18               amendment, revocation or suspension
19         (1)   Before amending, revoking or suspending a licence
20               (the proposed action) the CEO must give the holder of
21               the licence a written notice under this section.
22         (2)   The notice must --
23                (a) state details of the proposed action; and
24                (b) invite the holder to make representations to the
25                      CEO to show why the action should not be
26                      taken; and
27                (c) state the period (at least 21 days after the notice
28                      is given to the holder) within which
29                      representations may be made.
30         (3)   The representations must be made in writing.




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1                  (4)   The CEO may take the proposed action --
2                         (a) at any time after the holder of the licence
3                              advises the CEO in writing that the holder does
4                              not intend to make any representations or any
5                              further representations; or
6                         (b) if such advice is not given -- after the end of
7                              the period stated in the notice within which
8                              representations may be made.
9                  (5)   The CEO must have regard to any representations
10                       properly made by the holder of the licence.
11                 (6)   Subsections (1) to (5) do not apply to the amendment
12                       of a licence if the holder applied for the amendment.

13           58.         Notice of amendment, revocation or suspension
14                 (1)   The CEO must give the holder of a licence written
15                       notice of any amendment, revocation or suspension of
16                       the licence.
17                 (2)   Without limiting subsection (1), notice of an
18                       amendment can be given in the form of a revised
19                       licence document.
20                 (3)   The CEO must publish notice of any amendment,
21                       revocation or suspension of the licence.

22           58A.        Actions taken to give effect to decision on appeal
23                       Sections 57 and 58 do not apply to anything done by
24                       the CEO under section 110 to give effect to a decision
25                       of the Minister under section 107(2) or 109(3) on an
26                       appeal.

27           58B.        Effect of suspension
28                 (1)   While a licence is suspended it continues in force and
29                       is capable of being revoked or transferred.



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1          (2)   Despite subsection (1), a licence that is suspended does
2                not authorise the carrying out of controlled work or a
3                prescribed activity.
4          (3)   In the case of a suspension under section 56(2)(b),
5                subsection (2) applies only to the work or activities in
6                respect of which the licence has been suspended.

7    59.         Transfer of licence
8          (1)   If an application (a transfer application) is made under
9                section 53C(2)(b) for the transfer of a licence to a
10               person (the transferee) the applicant must give notice
11               of the application to the transferee.
12         (2)   On a transfer application the CEO must, subject to this
13               Division --
14                (a) transfer the licence; or
15                (b) refuse to transfer the licence.
16         (3)   In determining whether to transfer the licence, the CEO
17               must have regard to --
18                 (a) any prescribed standards the CEO considers
19                       relevant; and
20                 (b) any development approval or planning
21                       instrument the CEO considers relevant; and
22                 (c) whether the transferee would have, and be
23                       capable of exercising, substantial control over
24                       the carrying out of work or activity authorised
25                       or dealt with by the licence if the licence were
26                       transferred; and
27                 (d) any other matter the CEO considers relevant.
28         (4)   The CEO must give written notice of the CEO's
29               decision on the transfer application to the applicant and
30               the transferee.



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1                  (5)   The CEO must publish notice of the CEO's decision on
2                        the transfer application.

3            60.         Surrender of licence
4                  (1)   On an application under section 53C(2)(c) to surrender
5                        a licence the CEO must, subject to this Division --
6                          (a) accept the surrender; or
7                          (b) refuse to accept the surrender.
8                  (2)   In determining whether to accept the surrender of a
9                        licence, the CEO must have regard to --
10                         (a) any prescribed standards the CEO considers
11                               relevant; and
12                         (b) any development approval or planning
13                               instrument the CEO considers relevant; and
14                         (c) any other matter the CEO considers relevant.
15                 (3)   The CEO must give the holder of the licence written
16                       notice of the CEO's decision on the application to
17                       surrender the licence.
18                 (4)   If the CEO accepts the surrender the licence ceases to
19                       be in force when the notice under subsection (3) is
20                       given.
21                 (5)   The CEO must publish notice of the CEO's decision on
22                       the application.

23           60A.        Effect of referred proposal on decisions about
24                       licences
25                 (1)   For the purposes of this section, the grant, amendment
26                       or transfer of a licence (a proposed grant, amendment
27                       or transfer) is related to a referred proposal if the
28                       proposed grant, amendment or transfer is connected or
29                       associated with the referred proposal in such a way that
30                       the proposed grant, amendment or transfer would not


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1            need to be made if the implementation of the referred
2            proposal did not proceed.
3      (2)   While any decision-making authority is precluded by
4            section 41 from making a decision in relation to a
5            referred proposal, the CEO must not make a proposed
6            grant, amendment or transfer that is related to the
7            referred proposal.
8      (3)   The CEO must not make a proposed grant, amendment
9            or transfer that is related to a referred proposal if the
10           proposed grant, amendment or transfer is contrary to,
11           or otherwise than in accordance with, a Ministerial
12           statement.
13     (4)   Subsections (2) and (3) do not apply to the grant,
14           amendment or transfer of a licence to enable the doing
15           of minor or preliminary work to which the Authority
16           has consented under section 41A(3).
17     (5)   If a decision-making authority makes a decision that
18           has the effect of preventing the implementation of a
19           referred proposal to which a proposed grant,
20           amendment or transfer is related, the CEO does not
21           have to perform any function under
22           section 54(1), 55(1) or 59(2) concerning the proposed
23           grant, amendment or transfer while the
24           decision-making authority's decision has effect.
25     (6)   This section does not apply to anything done by the
26           CEO under section 110(1) to give effect to a decision
27           of the Minister under section 107(2) or 109(3) on an
28           appeal.

29   60B.    Relationship between licences and approved policies
30     (1)   In considering --
31             (a) an application for a licence; or



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1                     (b)   an application for an amendment of a licence;
2                           or
3                     (c)   an application for the transfer of a licence,
4                    the CEO must ensure that the licence, amendment or
5                    transfer is consistent with any approved policy.
6              (2)   The CEO must not amend or must refuse to grant or
7                    transfer a licence if the CEO considers that the
8                    associated effect on the environment would be
9                    inconsistent with any approved policy.
10             (3)   Despite subsections (1) and (2) --
11                    (a) if the CEO is satisfied that, as a result of
12                          environmental circumstances having changed,
13                          the environment or an environmental value of
14                          the area concerned requires a higher level of
15                          protection than would be provided by the
16                          standards required by or under any approved
17                          policy or by prescribed standards, the CEO may
18                          grant or amend a licence so as to make the
19                          licence subject to conditions which specify
20                          standards that are more stringent than those
21                          required by or under the approved policy or by
22                          the prescribed standards; and
23                    (b) if the CEO is satisfied that, as a result of the
24                          approval under section 31(d) of a new approved
25                          policy or as a result of an approved policy as
26                          amended being confirmed under
27                          section 37(3)(a), any condition to which an
28                          existing licence is subject is inconsistent with
29                          that approved policy, the CEO may amend that
30                          licence to make it consistent with that approved
31                          policy.
32             (4)   Subsection (3) does not authorise the imposition of a
33                   condition that is contrary to, or not in accordance with,
34                   a Ministerial statement.

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1          (5)   For the purposes of the application of
2                section 74A(1)(b), if conditions more stringent
3                than others required by or under an approved policy or
4                by a prescribed standard are imposed under
5                subsection (3)(a), the conditions so imposed must be
6                complied with instead of or in addition to those other
7                conditions.

8                        Subdivision 5 -- Conditions

9    61.         Licence conditions
10         (1)   A licence may be granted or transferred subject to
11               conditions the CEO considers to be necessary or
12               convenient for the purposes of this Act relating to the
13               prevention, control, abatement or mitigation of
14               pollution or environmental harm.
15         (2)   Section 61A sets out some kinds of conditions that may
16               be attached to a licence.
17         (3)   The regulations may prescribe further kinds of
18               conditions that may be attached to a licence.
19         (4)   Nothing in section 61A or regulations made under
20               subsection (3) prevents other conditions from being
21               attached to a licence.
22         (5)   Without limiting subsection (3), the regulations may
23               prescribe conditions to which every licence, or every
24               licence of a kind specified in the regulations, is subject
25               unless otherwise specified in the licence.
26         (6)   Without limiting subsections (1) to (5), a licence may
27               be subject to a condition that the holder of the licence
28               comply with a requirement to pay a levy imposed
29               under the Waste Avoidance and Resource Recovery
30               Levy Act 2007 in relation to waste received at premises
31               to which the licence relates.


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1              (7)   Without limiting subsections (1) to (5), a licence may
2                    be subject to a condition that the holder of the licence
3                    comply with a requirement to pay a levy imposed
4                    under Part VIIB Division 2A if the licence authorises a
5                    monitored activity.
6              (8)   Except as provided in section 60B a condition must not
7                    be inconsistent with an approved policy or a prescribed
8                    standard.

9            61A.    Some kinds of conditions
10             (1)   In this section --
11                   specified means specified by the CEO in the licence
12                   concerned.
13             (2)   The following list sets out things that the holder of a
14                   licence can be required to do (at the expense of the
15                   holder) under conditions attached to the licence --
16                     (a) design, construct or operate any facilities or
17                           plant in accordance with specified criteria;
18                     (b) install or operate any equipment for preventing,
19                           controlling, abating or monitoring pollution or
20                           environmental harm in accordance with
21                           specified criteria;
22                     (c) take specified measures for the purpose of
23                           minimising the likelihood of pollution or
24                           environmental harm;
25                     (d) take specified measures to prevent, control,
26                           abate or mitigate any emission or potential
27                           emission resulting from an activity authorised
28                           by the licence to be carried out;
29                     (e) meet specified criteria, or comply with
30                           specified limits, as to the characteristics,
31                           volume, rate, duration and effects of emissions;



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1    (f)    meet specified ambient concentration limits in
2           specified premises or places;
3    (g)    comply with requirements set by management
4           plans, prescribed standards, guidelines
5           published on the Department's website or other
6           specified programmes;
7    (h)    monitor operations;
8     (i)   conduct analysis of monitoring data;
9     (j)   provide information on the nature and quantity
10          of wastes and on materials leading to the
11          generation of those wastes;
12   (k)    dispose of waste in a specified manner;
13    (l)   if practicable --
14             (i) reuse waste wholly or in part; or
15            (ii) make waste available for reuse by
16                  another person;
17   (m)    investigate options for measures for preventing,
18          controlling or abating pollution or
19          environmental harm;
20   (n)    conduct environmental risk assessment studies;
21   (o)    provide reports on monitoring data, and
22          analysis of it, to the CEO;
23   (p)    provide reports on audits and studies of
24          specified kinds to the CEO;
25   (q)    provide audit compliance reports to the CEO;
26    (r)   prepare, implement and adhere to
27          environmental management systems, waste
28          management systems, safety management
29          systems, environmental management plans and
30          environmental improvement plans;




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1                      (s)   have something required to be done under a
2                            condition done by --
3                              (i) a person of a class approved by the
4                                   CEO; or
5                             (ii) a laboratory registered by the National
6                                   Association of Testing Authorities;
7                      (t)   do something required to be done under a
8                            condition --
9                              (i) within a specified period or before a
10                                  specified date; or
11                            (ii) in a specified form or manner.
12             (3)   Without limiting section 62, the holder of a licence
13                   commits an offence if, having been required under a
14                   condition attached to the licence to provide a report on
15                   monitoring data, or analysis of it, to the CEO, the
16                   holder --
17                     (a) fails to do so within the specified period or
18                           before the specified date; or
19                     (b) fails to do so in the specified form or manner.
20             (4)   Without limiting subsection (2), a condition referred to
21                   in subsection (2)(h) can require the holder of a licence
22                   to carry out a specified monitoring programme for the
23                   purpose of supplying the CEO with information
24                   relating --
25                     (a) to the characteristics and volume of any waste
26                           to which the licence relates that is being held or
27                           stored; or
28                     (b) to the characteristics, volume and effects of any
29                           pollutant being or likely to be emitted into the
30                           environment from premises where an activity is
31                           being carried out as authorised by the licence,
32                           and to the characteristics of the environment.



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1    62.         Contravening licence conditions
2                The holder of a licence who contravenes a condition to
3                which the licence is subject commits an offence.

4    63.         Offences as to conditions by persons other than
5                holder of licence
6          (1)   In this section --
7                licensed action means the carrying out of work or an
8                activity authorised or dealt with by a licence (the
9                licence).
10         (2)   This subsection applies to an act or omission if --
11                (a) it occurs in the carrying out of work or an
12                      activity constituting or relating to a licensed
13                      action; and
14                (b) it is an act or omission of a person other than
15                      the holder of the licence; and
16                (c) it would, if it had been an act or omission of the
17                      holder of the licence, have contravened a
18                      condition to which the licence is subject.
19         (3)   If subsection (2) applies to an act or omission the
20               person mentioned in subsection (2)(b) commits an
21               offence.
22         (4)   If it is proved that subsection (2) applies to an act or
23               omission, the holder of the licence is taken for the
24               purposes of section 62 to have contravened the
25               condition mentioned in subsection (2)(c) whether or
26               not the person mentioned in subsection (2)(b) is
27               charged with an offence under subsection (3) in
28               relation to the act or omission.




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1                              Subdivision 6 -- Miscellaneous

2            64.        CEO to keep records of licences and related matters
3                       The CEO must keep a public record of --
4                        (a) such particulars of the following as are
5                             prescribed --
6                                (i) applications for licences, amendments
7                                     of licences and transfers of licences;
8                               (ii) licences, amendments of licences and
9                                     transfers of licences;
10                             (iii) the surrender, suspension and
11                                    revocation of licences;
12                            and
13                       (b) such other information and documents relating
14                            to licences as are prescribed.
15


16   61.           Section 64A replaced
17                 Delete section 64A and insert:
18


19           64A.       CEO to keep records of notices
20                      The CEO must keep a public record of such particulars
21                      of notices given under this Division as are prescribed.
22


23   62.           Section 66 amended
24                 Delete section 66(5).




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1    63.         Section 68A amended
2          (1)   In section 68A(1) delete the definition of relevant premises and
3                insert:
4

5                       relevant premises means premises at which conduct is
6                       being or has been engaged in under an authorisation;
7

8          (2)   Delete section 68A(2) and insert:
9

10               (2)    If the CEO considers on reasonable grounds that, as a
11                      result of anything that has been done or has happened
12                      at relevant premises before the expiry, revocation or
13                      suspension of an authorisation, ongoing investigation,
14                      monitoring or management is or will be required at the
15                      premises following that expiry, revocation or
16                      suspension, the CEO may cause a notice (a closure
17                      notice) to be given in respect of the premises.
18

19         (3)   Delete section 68A(7)(b) and insert:
20

21                (b)    anything that a person could be required to do under a
22                       condition attached to a licence;
23

24         (4)   In section 68A(10) delete "sections 66," and insert:
25

26               sections 66(1) and (2),
27

28         (5)   After section 68A(10) insert:
29

30           (10A)      A closure notice given in respect of an authorisation
31                      suspended under section 56(2) ceases to have effect


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1                        when the suspension ceases to have effect unless the
2                        licence is revoked under section 56(1).
3                (10B)   When a closure notice registered under section 66(2) as
4                        applied by subsection (10) ceases to have effect under
5                        subsection (10A) or is revoked under section 65(4)(b)
6                        as applied by subsection (10), the CEO must deliver to
7                        the Western Australian Planning Commission and to
8                        the Registrar of Titles or the Registrar of Deeds and
9                        Transfers, as the case requires, a certificate signed by
10                       the CEO and certifying that the cessation or revocation
11                       took effect on the date specified in that certificate.
12               (10C)   On receiving a certificate delivered under
13                       subsection (10B), the Registrar of Titles or the
14                       Registrar of Deeds and Transfers, as the case requires,
15                       must cancel the registration of the relevant closure
16                       notice and endorse or note accordingly the appropriate
17                       Register or register or record in respect of the land to
18                       which that certificate relates.
19


20   64.           Section 70 amended
21         (1)     In section 70(1) delete the definition of unlawful clearing.
22         (2)     In section 70(1) insert in alphabetical order:
23

24                       unlawful clearing means --
25                         (a) anything constituting a contravention of
26                               section 51C or 51J; or
27                         (b) anything constituting a contravention of an
28                               environmental protection covenant;
29                       watercourse has the meaning given in Schedule 5
30                       clause 2;
31                       wetland has the meaning given in Schedule 5 clause 2.
32




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1    (3)    Delete section 70(4) and (5) and insert:
2

3           (4)   A vegetation conservation notice must specify --
4                  (a) the name and address of the person to whom it
5                        is given; and
6                  (b) the reason for which it is given.
7          (4A)   A vegetation conservation notice given under
8                 subsection (2)(b) may require any person bound by
9                 it --
10                   (a) to take, within or for the duration of a specified
11                       period, such specified measures (the required
12                       action) as the CEO considers necessary for one
13                       or more of the following purposes --
14                          (i) to repair any damage caused by the
15                               clearing;
16                         (ii) to re-establish and maintain vegetation
17                               on any area affected by the clearing to a
18                               condition as near as possible to the
19                               condition of the vegetation before the
20                               clearing occurred;
21                        (iii) to prevent the erosion, drift or
22                               movement of sand, soil, dust or water;
23                        (iv) to ensure that specified land, or a
24                               specified watercourse or wetland, will
25                               not be damaged or detrimentally
26                               affected, or further damaged or
27                               detrimentally affected, by the clearing;
28                       and
29                   (b) to monitor, keep records of and report to the
30                       CEO on the required action.
31          (5)   Before a vegetation conservation notice containing a
32                requirement under subsection (4A)(a) is given to a
33                person the CEO must, by written notice given to the

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1                        person, invite the person to make submissions to the
2                        CEO within the period specified in the notice on any
3                        matter relevant to the determination of whether or not
4                        the person should have to take the required action.
5

6          (4)     In section 70(10) delete "action required by a vegetation
7                  conservation notice to be taken" and insert:
8

9                  the required action, or any of it,
10


11   65.           Part V Division 5 heading replaced
12                 Delete the heading to Part V Division 5 and insert:
13


14                                  Division 5 -- Defences
15


16   66.           Sections 74 and 74A replaced
17                 Delete sections 74 and 74A and insert:
18


19           74.         Defence of emergency or accident
20                 (1)   It is a defence to proceedings for an offence under this
21                       Part in respect of an emission or an act causing
22                       environmental harm if the person charged with that
23                       offence (the alleged offender) --
24                          (a) proves --
25                                  (i) that the emission or act occurred for the
26                                        purpose of preventing danger to human
27                                        life or health or irreversible damage to a
28                                        significant portion of the environment;
29                                        or



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1                   (ii)   that the emission or act occurred as a
2                          result of an accident caused otherwise
3                          than by the negligence of the alleged
4                          offender and that the alleged offender
5                          took all reasonable precautions to
6                          prevent the emission or act;
7                 and
8           (b)   proves that as soon as was reasonably
9                 practicable after the emission or act occurred
10                the alleged offender notified particulars of the
11                emission or act in writing to the CEO.
12   (2)   It is a defence to proceedings for an offence under
13         section 49A(2) or (3) if the person charged with that
14         offence (the alleged offender) --
15            (a) proves --
16                     (i) that the waste was discharged or
17                          abandoned for the purpose of preventing
18                          danger to human life or health or
19                          irreversible damage to a significant
20                          proportion of the environment; or
21                    (ii) that the waste was discharged or
22                          abandoned as a result of an accident
23                          caused otherwise than by the negligence
24                          of the alleged offender and that the
25                          alleged offender took all reasonable
26                          precautions to prevent the discharge or
27                          abandonment;
28                  and
29           (b) proves that as soon as was reasonably
30                  practicable after the waste was discharged or
31                  abandoned the alleged offender notified
32                  particulars of the discharge or abandonment in
33                  writing to the CEO.



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1               (3)   It is a defence to proceedings for an offence under
2                     section 51C if the person charged with that offence (the
3                     alleged offender) --
4                        (a) proves --
5                                 (i) that the clearing was done for the
6                                      purpose of preventing danger to human
7                                      life or health or irreversible damage to a
8                                      significant proportion of the
9                                      environment; or
10                               (ii) that the clearing was done as a result of
11                                     an accident caused otherwise than by
12                                     the negligence of the alleged offender;
13                             and
14                      (b) proves that as soon as was reasonably
15                             practicable after the clearing was done the
16                             alleged offender notified particulars of the
17                             clearing in writing to the CEO.
18              (4)   This section has effect subject to section 74E.

19           74A.     Defence of authority of this Act
20              (1)   It is a defence to proceedings under this Part for
21                    causing pollution, in respect of an emission, or for
22                    causing serious environmental harm or material
23                    environmental harm, or for discharging or abandoning
24                    waste in water to which the public has access if the
25                    person charged with that offence proves that the
26                    pollution, emission, environmental harm, discharge or
27                    abandonment occurred --
28                       (a) in the implementation of a proposal in
29                             accordance with a Ministerial statement; or
30                      (b) in accordance with --
31                                (i) a prescribed standard; or
32                               (ii) a requirement contained in a closure
33                                     notice, an environmental protection

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1                                  notice, a vegetation conservation notice
2                                  or a prevention notice; or
3                          (iii)   an approved policy; or
4                          (iv)    a declaration under section 6; or
5                           (v)    an exemption under section 75; or
6                          (vi)    an exemption given under the
7                                  regulations;
8                          or
9                    (c)   as authorised by, and in accordance with the
10                         conditions of --
11                            (i) a clearing permit; or
12                           (ii) a licence; or
13                          (iii) a licence, permit or approval granted,
14                                 issued or given under the regulations;
15                         or
16                  (d)    in the exercise of any power conferred under
17                         this Act.
18           (2)   A licence does not authorise an emission unless the
19                 emission is specified in the licence as an authorised
20                 emission.
21


22   67.     Sections 74C to 74E inserted
23           After section 74B insert:
24


25         74C.    Defence of due diligence
26           (1)   It is a defence to proceedings for a Tier 1 offence if the
27                 person charged with that offence proves --
28                    (a) that the person took reasonable precautions and
29                          exercised due diligence to prevent the
30                          commission of the offence; and


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1                      (b)   that as soon as was reasonably practicable after
2                            the occurrence that gave rise to the charge the
3                            person notified particulars of the occurrence in
4                            writing to the CEO.
5               (2)   It is a defence to proceedings for an offence under
6                     section 51J(1), 53A(1), 53B(1), 62 or 63(3) if the
7                     person charged with that offence proves --
8                        (a) that the person took reasonable precautions and
9                              exercised due diligence to prevent the
10                             commission of the offence; and
11                      (b) that as soon as was reasonably practicable after
12                             the occurrence that gave rise to the charge the
13                             person notified particulars of the occurrence in
14                             writing to the CEO.
15              (3)   It is a defence to proceedings for an offence under
16                    section 62 in which the prosecution relies on the
17                    operation of section 63(4) if the person charged with
18                    that offence (the alleged offender) proves --
19                       (a) that the person mentioned in section 63(2)(b)
20                             took reasonable precautions and exercised due
21                             diligence to prevent the occurrence that gave
22                             rise to the charge; and
23                      (b) that as soon as was reasonably practicable after
24                             the occurrence that gave rise to the charge the
25                             person mentioned in section 63(2)(b), or the
26                             alleged offender, notified particulars of the
27                             occurrence in writing to the CEO.
28              (4)   Subsection (3) does not limit the application of
29                    subsection (2) to proceedings for an offence under
30                    section 62 in which the prosecutor relies on the
31                    operation of section 63(4).
32              (5)   This section has effect subject to section 74E.



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1          74D.    Defence of lack of knowledge of effect of licence
2            (1)   It is a defence to proceedings for an offence under
3                  section 63(3) if the person charged with that offence
4                  proves that the person did not know, and could not
5                  reasonably be expected to have known, that the
6                  carrying out of the work or activity mentioned in
7                  section 63(2)(a) constituted or was related to a licensed
8                  action as defined in section 63(1).
9            (2)   This section has effect subject to section 74E.

10         74E.    Notice of defence
11                 The defence referred to in section 74(1), (2)
12                 or (3), 74C(1), (2) or (3) or 74D(1) is not available to a
13                 person unless the person notifies the CEO of the
14                 person's intention to rely on that defence within
15                 21 days after the day on which --
16                   (a) the relevant court hearing notice is served on
17                          the person; or
18                   (b) if no court hearing notice is served on the
19                          person in respect of the relevant offence, the
20                          person is informed of the place and time at
21                          which the person is alleged to have committed
22                          that offence and of the nature of that offence.
23


24   68.     Part V Division 6 heading inserted
25           Before section 75 insert:
26


27                            Division 6 -- General
28




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1    69.         Section 86E amended
2                In section 86E(1):
3                  (a) in paragraph (a) delete "section 48(4) or" and insert:
4

5                       section 48(7) or
6

7                 (b)   in paragraph (c) delete "section 68A(11)(a) or" and
8                       insert:
9

10                      section 68A(11)(a), 70(10)(a) or
11


12   70.         Section 86G amended
13         (1)   In section 86G(2) delete "section 48(5), 68A(11)(b), 69(3),
14               73(4a)" and insert:
15

16               section 48(8), 68A(11)(b), 69(3), 70(10)(b), 73(4a)
17

18         (2)   In section 86G(4):
19                 (a) in paragraph (a) delete "section 68A(11)(b), 73(4a)" and
20                       insert:
21

22                      section 68A(11)(b), 70(10)(b), 73(4a)
23

24                (b)   in paragraph (b) delete "section 68A(11)(b), 73(4a)" and
25                      insert:
26

27                      section 68A(11)(b), 70(10)(b), 73(4a)
28




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1    71.     Part VB inserted
2            After Part VA insert:
3


4          Part VB -- Environmental protection covenants
5          86H.   Terms used
6                 In this Part --
7                 native vegetation has the meaning given in
8                 section 51A;
9                 occupier of land has the meaning given in section 51A;
10                owner of land means --
11                  (a) in relation to land alienated from the Crown,
12                         the holder (at law or in equity) of an estate in
13                         fee simple in the land; and
14                  (b) in relation to land that the Crown has lawfully
15                         agreed to alienate, the person who is entitled to
16                         the benefit of the agreement; and
17                  (c) in relation to any other land, the public
18                         authority that has the care, control or
19                         management of the land or, if there is no such
20                         public authority, the Crown;
21                relevant land registration officer means --
22                  (a) where the land is under the operation of the
23                         Transfer of Land Act 1893 or the Land
24                         Administration Act 1997 -- the Registrar of
25                         Titles; and
26                  (b) where the land is alienated from the Crown but
27                         is not under the operation of the Transfer of
28                         Land Act 1893 -- the Registrar of Deeds and
29                         Transfers.




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1            86I.     CEO may enter into environmental protection
2                     covenant
3               (1)   The CEO may enter into an environmental protection
4                     covenant with the owner of land if it is a condition of a
5                     clearing permit, or of a Ministerial statement relating to
6                     a proposal, that the owner enter into the covenant.
7               (2)   An environmental protection covenant requires the
8                     consent in writing of each person who is an owner or
9                     occupier of the land to which the covenant applies at
10                    the time it is entered into.

11           86J.     Form of environmental protection covenant
12              (1)   An environmental protection covenant must --
13                     (a) be prepared by the CEO; and
14                     (b) identify the land to which it applies; and
15                     (c) identify each person who is an owner or
16                           occupier of that land.
17              (2)   The CEO may, for the purpose of preparing an
18                    environmental protection covenant, by written notice
19                    require the owner of the land to which the covenant
20                    will apply to provide the CEO with specified surveys
21                    or other specified information within a specified time.
22              (3)   An environmental protection covenant may contain
23                    such provisions as the CEO and the owner of the land
24                    agree.
25              (4)   Without limiting subsection (3), an environmental
26                    protection covenant may --
27                      (a) restrict the use of land to which it applies; and
28                      (b) require specified work or work of a specified
29                            kind to be carried out in accordance with
30                            specified standards on the land; and



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1             (c)   restrict the nature of work that may be carried
2                   out on the land.
3      (5)   An environmental protection covenant --
4             (a) may be expressed to have effect for a period of
5                   time specified in the covenant or in perpetuity;
6                   and
7             (b) may be expressed to be irrevocable.
8      (6)   The costs and expenses of preparing and registering an
9            environmental protection covenant must be borne --
10             (a) if it is a condition of a clearing permit that the
11                  covenant be entered into -- by the holder of the
12                  clearing permit; or
13             (b) if it is a condition of a Ministerial statement
14                  that the covenant be entered into -- by the
15                  proponent of the proposal.
16     (7)   The CEO may require the payment of the costs and
17           expenses referred to in subsection (6) before entering
18           into the covenant.

19   86K.    Registration of environmental protection covenant
20     (1)   The CEO may deliver a memorial of an environmental
21           protection covenant to the relevant land registration
22           officer.
23     (2)   The memorial must be in a form approved by the
24           relevant land registration officer.
25     (3)   The relevant land registration officer must register the
26           memorial and accordingly endorse or note the
27           appropriate register or record in respect of the land to
28           which the environmental protection covenant applies.




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1            86L.     Binding effect of environmental protection covenant
2                     An environmental protection covenant --
3                      (a) binds the owner of land by whom it was given
4                            for so long as the covenant subsists and that
5                            person continues to be the owner of the land;
6                            and
7                      (b) binds each occupier of the land who consented
8                            to the covenant for so long as the covenant
9                            subsists and that person continues to be an
10                           occupier of the land; and
11                     (c) while a memorial of the covenant remains
12                           registered under section 86K(3), binds each
13                           successive owner or occupier of the land.

14           86M.     Application for amendment of environmental
15                    protection covenant
16              (1)   An owner of land who is bound by an environmental
17                    protection covenant under section 86L(a) or (c) may
18                    apply to the CEO for the amendment of the
19                    environmental protection covenant.
20              (2)   An application under subsection (1) for the amendment
21                    of an environmental protection covenant must --
22                      (a) be made in the form and in the manner
23                            approved by the CEO; and
24                      (b) contain or be accompanied by any information
25                            required as indicated in the form or in material
26                            accompanying the form; and
27                      (c) be accompanied by the fee prescribed by or
28                            determined under the regulations.
29              (3)   If the CEO requires further information to determine
30                    the application, the CEO may, by written notice given
31                    to the applicant, require the applicant to give the CEO
32                    further specified information within a specified time.


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1      (4)   If the application does not comply with subsection (2)
2            or further information is not provided in accordance
3            with subsection (3), the CEO must decline to deal with
4            the application and advise the applicant accordingly.
5      (5)   If, under subsection (4), the CEO declines to deal with
6            the application, the CEO does not have to perform any
7            function under section 86N(1) or (4) in relation to the
8            application.

9    86N.    Amendment of environmental protection covenant
10     (1)   On an application under section 86M(1) for the
11           amendment of an environmental protection covenant
12           the CEO must --
13             (a) amend the covenant; or
14             (b) refuse to amend the covenant.
15     (2)   The CEO may amend an environmental protection
16           covenant on the CEO's initiative --
17             (a) to correct in the covenant --
18                    (i) a clerical mistake or unintentional error
19                         or omission; or
20                   (ii) a figure which has been miscalculated;
21                         or
22                  (iii) the misdescription of any person, thing,
23                         area, property or activity;
24                 or
25             (b) to make an administrative change to the format
26                 of the covenant which does not alter the
27                 obligations of the covenantor; or
28             (c) to bring the covenant into conformity with an
29                 approved policy or with an exemption
30                 conferred under this Act; or




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1                      (d)   to give effect to a decision of the Minister
2                            under this Act (whether on an appeal or
3                            otherwise); or
4                      (e)   as agreed to by each person who is bound by
5                            the covenant.
6               (3)   The CEO must give written notice of any amendment
7                     under this section of an environmental protection
8                     covenant --
9                       (a) to each person who is bound by the covenant;
10                            and
11                      (b) if the covenant is registered under section 86K,
12                            to the relevant land registration officer.
13              (4)   If under subsection (1) the CEO refuses to amend an
14                    environmental protection covenant, the CEO must give
15                    written notice of the refusal to the applicant.

16           86O.     Enforcement of environmental protection covenant
17              (1)   A person bound by an environmental protection
18                    covenant who contravenes the covenant commits an
19                    offence.
20              (2)   Section 51R applies to any proceedings under this
21                    section as if the proceedings were proceedings under
22                    Part V Division 2.

23           86P.     Duties upon passing interests in affected land
24              (1)   While a memorial of an environmental protection
25                    covenant remains registered under section 86K, each
26                    owner or occupier of the land to which the covenant
27                    relates must --
28                      (a) before agreeing with another person in writing
29                            that the other person will succeed the owner or
30                            occupier in ownership or occupation or both, as



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1                   the case requires, of that land, notify the other
2                   person in writing of the following --
3                      (i) the content of the covenant;
4                     (ii) the fact that the covenant will be
5                           binding on the other person if the other
6                           person succeeds the owner or occupier
7                           in ownership or occupation or both;
8                   and
9             (b)   within 14 days after ceasing to be an owner or
10                  occupier of the land to which the covenant
11                  relates, notify the CEO in writing of that
12                  cessation and of the name and address of each
13                  person who succeeds the owner or occupier in
14                  the ownership or occupation or both, as the case
15                  requires, of that land.
16     (2)   A person who contravenes subsection (1) commits an
17           offence.

18   86Q.    Discharge of environmental protection covenant
19     (1)   In this section --
20           revocable environmental protection covenant means
21           an environmental protection covenant that is not
22           expressed to be irrevocable.
23     (2)   A person who is bound by a revocable environmental
24           protection covenant may apply in writing to the CEO
25           for the discharge of the covenant.
26     (3)   On an application under subsection (2) for the
27           discharge of a revocable environmental protection
28           covenant the CEO must --
29             (a) subject to subsection (5), discharge the
30                  covenant; or
31             (b) refuse to discharge the covenant.


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1               (4)   Subject to subsection (5), a revocable environmental
2                     protection covenant may be discharged by the CEO on
3                     the CEO's initiative.
4               (5)   The CEO may discharge a revocable environmental
5                     protection covenant under this section if, and only if,
6                     the CEO is of the opinion that --
7                       (a) the covenant is no longer necessary; or
8                       (b) there is other just cause for discharging the
9                             covenant.
10              (6)   If a revocable environmental protection covenant is
11                    discharged under this section --
12                      (a) the CEO must give written notice of the
13                            discharge to each person bound by the
14                            covenant; and
15                      (b) if the covenant is registered under
16                            section 86K(3), the CEO must give a certificate
17                            under section 86R(1) to the relevant land
18                            registration officer.
19              (7)   If under subsection (3)(b) the CEO refuses to discharge
20                    a revocable environmental protection covenant, the
21                    CEO must give written notice of the refusal to the
22                    applicant.

23           86R.     Cancelling registration of memorial
24              (1)   If an environmental protection covenant registered
25                    under section 86K(3) is discharged under section 86Q,
26                    the CEO must give the relevant land registration officer
27                    a certificate in a form approved by the relevant land
28                    registration officer and signed by the CEO certifying
29                    that the covenant was discharged on the date specified
30                    in the certificate.




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1                (2)     The relevant land registration officer must, on
2                        receiving a certificate under subsection (1), cancel the
3                        registration of the memorial of the environmental
4                        protection covenant and endorse or note the appropriate
5                        register or record accordingly.
6


7    72.         Section 89 amended
8          (1)   In section 89(1):
9                  (a) delete "with such assistance as he may require";
10                 (b) after paragraph (e) insert:
11

12                       (ea)      the implementation or operation of an
13                                 environmental monitoring programme; or
14

15                 (c)    in paragraph (f)(ii):
16                          (i) delete "permit, works approval" and insert:
17

18                                  permit, environmental protection covenant
19

20                          (ii)    delete "this Act." and insert:
21

22                                  this Act;
23

24                (d)     after paragraph (f) insert:
25

26                                 or
27                        (g)      determining whether an offence under this Act
28                                 has been, is being or is likely to be committed.
29

30         (2)   In section 89(3) delete "with such assistance as he may require".




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1    73.        Section 90 replaced
2               Delete section 90 and insert:
3


4            89A.     Use of assistance and force
5               (1)   An inspector may use assistance and force that is
6                     reasonably necessary in the circumstances when
7                     exercising a power under section 89 but cannot use
8                     force against a person.
9               (2)   If the use of reasonable force is likely to cause
10                    significant damage to property, the inspector is not
11                    entitled to use force without the prior authority of the
12                    CEO in the particular case.
13              (3)   An inspector may request a police officer or other
14                    person to assist the inspector in exercising a power
15                    under this Part, and that person may assist the inspector
16                    in the exercise of the power.
17              (4)   A person while assisting an inspector at the request of
18                    the inspector and in accordance with this Act --
19                      (a) has the same powers as are conferred on an
20                            inspector under this Part; and
21                      (b) is subject to the same responsibilities as an
22                            inspector under this Part but is not required to
23                            give notice under section 89(4); and
24                      (c) has the same protection from liability as an
25                            inspector.
26              (5)   Nothing in this section derogates from the powers of a
27                    police officer.




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1    90.         Powers of inspectors to obtain information
2          (1)   An inspector may --
3                 (a) direct the occupier of any premises from which
4                       there has been, is, or is likely to be, an
5                       emission, or onto which any waste has been or
6                       is being discharged, to produce to the
7                       inspector --
8                          (i) any books or other sources of
9                               information relating to that emission or
10                              to any manufacturing, industrial or trade
11                              processes carried on at those premises;
12                              or
13                        (ii) any data from any monitoring
14                              equipment or monitoring programme in
15                              respect of that emission;
16                      or
17                (b) direct any person to produce to the inspector
18                      any books or other sources of information in
19                      the custody or possession of that person relating
20                      to --
21                         (i) any emission; or
22                        (ii) the manufacture, sale or distribution for
23                              sale of any prescribed equipment or
24                              material.
25         (2)   An inspector may direct a person to produce to the
26               inspector any licence, registration, permit, approval,
27               certificate or authority granted and issued under this
28               Act to the person or alleged by the person to have been
29               so granted and issued.
30         (3)   An inspector may --
31                (a) conduct any examination or inquiry the
32                      inspector considers necessary to ascertain



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1                            whether there has been compliance with the
2                            Act; and
3                      (b)   question any person to ascertain whether or not
4                            there has been compliance with this Act and
5                            direct that person to do either or both of the
6                            following --
7                               (i) answer any question put to the person;
8                              (ii) produce any books or other sources of
9                                    information in the custody or possession
10                                   of that person relating to compliance
11                                   with the Act.
12              (4)   A direction given under subsection (1), (2)
13                    or (3)(b)(ii) --
14                      (a) must be given in writing to the person required
15                            to produce the document, books or other
16                            sources of information or data; and
17                      (b) must specify the time at which, or the period
18                            within which, the document, books or other
19                            sources of information or data are to be
20                            produced to the inspector; and
21                      (c) may require that the document, books or other
22                            sources of information or data be produced to
23                            the inspector --
24                               (i) at a place specified in the direction; and
25                              (ii) by a means specified in the direction.
26              (5)   A direction under subsection (3)(b)(i) --
27                     (a) may be given orally or in writing; and
28                     (b) must specify the time at which, or period within
29                           which, the answer must be given to the
30                           inspector; and




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1                  (c)   may require any of the following --
2                          (i) that the answer be given orally or in
3                              writing;
4                         (ii) if the answer is directed to be given in
5                              writing, be given by means specified in
6                              the direction;
7                        (iii) that the answer be verified by a
8                              statutory declaration.
9          (6)   A person who does not comply with a direction given
10               to the person under subsection (1), (2) or (3) commits
11               an offence.
12         (7)   An inspector may do any of the following in relation to
13               any books or other sources of information or data
14               produced to the inspector in compliance with a
15               direction under this section --
16                 (a) examine them;
17                 (b) take copies of or data or extracts from them;
18                 (c) download or print them out.
19         (8)   An inspector may record an answer given orally under
20               this section, including by making an audiovisual
21               recording.
22


23   74.   Section 92F deleted
24         Delete section 92F.

25   75.   Section 92H amended
26         In section 92H(1)(a) delete "section 89(3); or" and insert:
27

28         section 89(1) or (3); or
29




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1    76.        Section 99 amended
2               Delete section 99(4).

3    77.        Part VIA Division 1 heading replaced
4               Delete the heading to Part VIA Division 1 and insert:
5


6            Division 1 -- Prescribed offences and modified penalties
7


8    78.        Section 99AA inserted
9               Before section 99A insert:
10


11           99AA. Term used: prescribed offence
12                    In this Division --
13                    prescribed offence means --
14                      (a) a Tier 1 offence under a section listed in the
15                            Table; or
16                      (b) a Tier 2 offence.
17                                           Table
                 s. 6(7)                         s. 47(1)

                 s. 47(4)                        s. 48(9)

                 s. 49(3)                        s. 50(2)

                 s. 50A(2)                       s. 51C

                 s. 69(5)                        s. 71(5)
18




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1    79.          Section 99A amended
2          (1)    Delete section 99A(1) and insert:
3

4                 (1)   This section applies to a person if the CEO is of the
5                       opinion that --
6                         (a) the person has committed a prescribed offence;
7                              and
8                        (b) there is sufficient evidence to support the
9                              allegation of the offence; and
10                        (c) having regard to the nature and particulars of
11                             the alleged offence and to the particulars of the
12                             circumstances relating to the alleged offence,
13                             the alleged offence can adequately be dealt with
14                             under this Division.
15               (1A)   For the purposes of subsection (1)(c), the CEO must
16                      have regard to --
17                        (a) the potential or actual effect on the environment
18                              of any occurrence giving rise to the allegation
19                              of the offence; and
20                       (b) in the case of a prescribed offence other than an
21                              offence under section 49A(2) or (3), whether,
22                              as soon as was reasonably practicable after the
23                              occurrence giving rise to the allegation of the
24                              offence, the alleged offender notified
25                              particulars of the occurrence in writing to the
26                              CEO; and
27                        (c) in the case of a prescribed offence other than an
28                              offence under section 49A(2) or (3), whether,
29                              after the occurrence giving rise to the allegation
30                              of the offence, the alleged offender took all
31                              reasonable and practicable steps to minimise
32                              and remedy any adverse environmental effects
33                              of that occurrence; and


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1                       (d)   whether the alleged offender cooperated with
2                             officers and employees of the Department and
3                             provided information and assistance when so
4                             requested; and
5                       (e)   whether the alleged offender has taken
6                             reasonable steps to ensure that the
7                             circumstances giving rise to the allegation of
8                             the offence do not reoccur.
9

10         (2)   In section 99A(2) delete "Tier 2" and insert:
11

12               prescribed
13


14   80.         Section 99E amended
15               Delete section 99E(3) and insert:
16

17               (3)   If this subsection applies, the CEO must publish --
18                       (a) a notice of payment of the modified penalty;
19                              and
20                       (b) such particulars as are prescribed.
21


22   81.         Section 99J amended
23         (1)   In section 99J(1) delete "may, within 35 days after the alleged
24               offence is believed to have been committed, give" and insert:
25

26               may give
27




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1          (2)   After section 99J(2) insert:
2

3                (3)   The infringement notice must be served within
4                      12 months after the day on which the alleged
5                      infringement notice offence is believed to have been
6                      committed.
7


8    82.         Section 99Z amended
9                In section 99Z(2) delete the definition of monetary benefits and
10               insert:
11

12                     monetary benefits means --
13                      (a) monetary, financial or economic benefits of any
14                           kind; and
15                      (b) monetary savings, or a reduction in
16                           expenditure, achieved by the avoidance of
17                           charges, fees or other costs that would have
18                           been incurred by the offender if the offender
19                           had not committed the offence.
20


21   83.         Part VIA Division 5 inserted
22               At the end of Part VIA insert:
23


24                              Division 5 -- Injunctions
25           99ZC.     Injunctions to prevent improper conduct
26               (1)   In this section --
27                     contravention includes the continuation of a
28                     contravention;
29                     court means the Supreme Court;



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1                     improper conduct means an act or omission
2                     constituting a contravention of, or involvement in a
3                     contravention of, section 41A(1), 47(1) or (5), 49(2),
4                     (3), (4) or (5), 50(1) or (2), 50A(1) or (2), 50B(1) or
5                     (2), 51C, 51J(1), 53A(1), 53B(1), 62 or 63(3);
6                     involvement in a contravention means --
7                       (a) aiding, abetting, counselling, or procuring the
8                              contravention; or
9                       (b) inducing the contravention, whether by threats
10                             or promises or otherwise; or
11                      (c) being in any way, directly or indirectly,
12                             knowingly concerned in, or party to, the
13                             contravention; or
14                      (d) conspiring with others to effect the
15                             contravention; or
16                      (e) attempting to do anything constituting
17                             involvement in a contravention under
18                             paragraph (a), (b), (c) or (d).
19              (2)   Without limiting any other power the court may have
20                    to grant injunctive relief, it is declared that the court
21                    may grant an injunction to prevent a person from
22                    engaging in improper conduct (a conduct injunction).
23              (3)   The CEO may apply for a conduct injunction.
24              (4)   If the court is satisfied that it would be appropriate to
25                    grant a conduct injunction, the injunction may be
26                    granted --
27                      (a) whether or not it is proved that the person
28                             intends to engage, or to engage again, or to
29                             continue to engage, in improper conduct of the
30                             kind sought to be prevented by the injunction;
31                             and
32                      (b) whether or not the person has previously
33                             engaged in improper conduct of that kind.

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1                (5)    An interim conduct injunction may be granted before
2                       final determination of an application for a conduct
3                       injunction.
4                (6)    The court must not require, as a condition of granting
5                       an interim conduct injunction, that an undertaking be
6                       given as to damages or costs.
7                (7)    The taking of proceedings against any person for an
8                       offence under this Act is not affected by --
9                         (a) the making of an application for a conduct
10                             injunction; or
11                        (b) the grant or refusal of a conduct injunction or
12                             an interim conduct injunction; or
13                        (c) the rescission, variation or expiry of a conduct
14                             injunction or an interim conduct injunction.
15


16   84.         Section 100 amended
17         (1)   In section 100(3) delete "section 45(1) (or under section 45(1)"
18               and insert:
19

20               section 45(3) or (4) (or under section 45(3) or (4)
21

22         (2)   In section 100(3a):
23                 (a) in paragraphs (a), (b) and (c) delete "14" and insert:
24

25                       21
26

27                (b)    delete paragraph (e) and insert:
28

29                       (d)   under subsection (3), within 14 days after the
30                             publication of the Ministerial statement setting
31                             out the agreement.
32



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1          (3)   Delete section 100(4)(a) and (b) and insert:
2

3                        (a)   a notice served on the proponent under
4                              section 48(7)(b); or
5                        (b)   the taking of any steps under section 48(7)(c)
6                              or (d),
7


8    85.         Section 101 amended
9          (1)   In section 101(1):
10                 (a) delete paragraphs (b) and (c) and insert:
11

12                       (b)   in the case of an appeal referred to in
13                             section 100(1)(a), remit the proposal to the
14                             Authority for the making of a fresh decision as
15                             to whether or not the proposal is to be assessed;
16                             or
17                       (c)   in the case of an appeal referred to in
18                             section 100(1)(a), remit the proposal to the
19                             Authority for assessment and for that purpose
20                             make a direction under section 43; or
21

22                (b)    delete paragraph (e) and insert:
23

24                       (e)   in the case of an appeal against a notice served
25                             under section 48(7)(b), set aside or alter that
26                             notice; or
27

28                 (c)   in paragraph (f) delete "section 48(4)(c)" and insert:
29

30                       section 48(7)(c)
31




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1    (2)   In section 101(3):
2            (a) in paragraph (b) delete "section 45(6)" and insert:
3

4                 section 45(10)
5

6           (b)   delete paragraph (c) and insert:
7

8                 (c)   referred to in section 100(3) as to conditions or
9                       procedures agreed under section 45(3) or (4)
10                      otherwise than as applied by section 46(8)
11                      prevents the implementation of the proposal
12                      concerned; or
13                (d)   referred to in section 100(3) as to conditions or
14                      procedures agreed under section 45(3) or (4) as
15                      applied by section 46(8) does not prevent the
16                      implementation, or continued implementation,
17                      of the proposal concerned subject to the
18                      implementation conditions; or
19

20          (c)   delete paragraph (e) and insert:
21

22                (e)   against a notice served under section 48(7)(b)
23                      suspends the operation of that notice; or
24

25          (d)   in paragraph (f) delete "section 48(4)(c)" and insert:
26

27                section 48(7)(c)
28

29          (e)   delete "or (2d)." and insert:
30

31                or (2d) or section 107(2).
32




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1          (3)   In section 101(4) delete "section 48(5)" and insert:
2

3                section 48(8)
4


5    86.         Section 102 replaced
6                Delete section 102 and insert:
7


8            101B.     Appeals against decisions as to environmental
9                      protection covenants
10               (1)   Subject to section 105, an applicant --
11                      (a) under section 86M(1) for the amendment of an
12                            environmental protection covenant; or
13                      (b) under section 86Q(2) for the discharge of an
14                            environmental protection covenant,
15                     who is aggrieved by the refusal of the CEO under
16                     section 86N(1)(b) or 86Q(3)(b) to amend or discharge
17                     the covenant, may, within 21 days after being notified
18                     of the refusal, lodge with the Minister an appeal in
19                     writing setting out the grounds of the appeal.
20               (2)   Pending the determination of the relevant appeal
21                     lodged under subsection (1), the decision against which
22                     the appeal is lodged continues to have effect.

23           102.      Appeals against decisions as to licences
24               (1)   This subsection applies if --
25                      (a) an applicant for a licence is aggrieved by the
26                            refusal of the CEO to grant the licence under
27                            section 54(1)(b); or
28                      (b) an applicant for the amendment of a licence is
29                            aggrieved by the refusal of the CEO to amend
30                            the licence under section 55(1)(b); or

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1           (c)   an applicant for the transfer of a licence is
2                 aggrieved by the refusal of the CEO to transfer
3                 the licence under section 59(2)(b); or
4           (d)   an applicant for a licence or transfer of a
5                 licence is aggrieved by the specification by the
6                 CEO of any condition in the licence under
7                 section 61(1) (a condition specification).
8    (2)   Subject to section 105, if subsection (1) applies the
9          applicant may lodge an appeal with the Minister within
10         21 days after being notified of the refusal or condition
11         specification.
12   (3)   This subsection applies if the holder of a licence is
13         aggrieved by --
14           (a) the amendment of the licence under
15                section 55(2); or
16           (b) the suspension of the licence under
17                section 56(2); or
18           (c) the refusal to accept the surrender of the licence
19                under section 60(1)(b).
20   (4)   Subject to section 105, if subsection (3) applies the
21         holder may lodge an appeal with the Minister within
22         21 days after being notified of the amendment,
23         suspension or refusal.
24   (5)   Subject to section 105, the former holder of a licence
25         who is aggrieved by the revocation of the licence under
26         section 56(1) may lodge an appeal with the Minister
27         within 21 days after being notified of that revocation.
28   (6)   If a person who is not the applicant referred to in
29         subsection (1)(d) is aggrieved by a condition
30         specification, the person may lodge an appeal with the
31         Minister within the period within which the applicant
32         can lodge an appeal about that condition specification.



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1               (7)   If a person who is not the holder of a licence is
2                     aggrieved by an amendment referred to in
3                     subsection (3)(a), the person may lodge an appeal with
4                     the Minister within the period within which the holder
5                     can lodge an appeal about that amendment.
6               (8)   An appeal under this section must be in writing and
7                     must set out the grounds of the appeal.
8               (9)   Pending the determination of an appeal lodged under
9                     subsection (2), (4), (5) or (6) in respect of a refusal,
10                    condition specification, revocation or suspension, the
11                    decision against which that appeal is lodged continues
12                    to have effect.
13            (10)    Pending the determination of an appeal lodged under
14                    subsection (4) in respect of an amendment, the
15                    amendment is taken not to have been made.
16            (11)    Pending the determination of an appeal lodged under
17                    subsection (7), the amendment continues to have effect.
18


19   87.        Section 105 replaced
20              Delete section 105 and insert:
21


22           105.     Matters on which appeals cannot be lodged
23                    An appeal cannot be lodged --
24                     (a) under section 101A, 101B(1), 102 or 103 in
25                          respect of anything done by the CEO under
26                          section 110(1) to give effect to a decision of the
27                          Minister under section 107(2) or 109(3) on an
28                          appeal; or
29                     (b) under section 101A(2) in respect of the
30                          amendment of a clearing permit by amending it
31                          under section 51K(1)(e), (f), (g) or (h); or


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1                       (c)   under section 102(4) in respect of the
2                             amendment of a licence by amending it under
3                             section 55(3)(e), (f), (h), (i) or (j).
4


5    88.         Section 106 amended
6          (1)   In section 106(1)(b) delete "section 101A, 102," and insert:
7

8                section 101A, 101B(1), 102,
9

10         (2)   Delete section 106(4) and insert:
11

12               (4)   Subsection (1) does not apply if an appeals committee
13                     has been appointed.
14               (5)   If an appeal is lodged under section 100 by a person
15                     other than a decision-making authority and the
16                     decision-making authority has made submissions to the
17                     Minister in respect of the proposal to which the appeal
18                     relates --
19                       (a) the Appeals Convenor must have regard to
20                             those submissions when reporting on, and
21                             otherwise dealing with, the appeal; and
22                       (b) if an appeals committee has been appointed, it
23                             must have regard to those submissions when
24                             considering and reporting to the Minister on the
25                             appeal.
26


27   89.         Section 107 amended
28         (1)   Delete section 107(1).




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1          (2)   In section 107(2) delete "made under subsection (1)," and
2                insert:
3

4                mentioned in section 106(1)(a), (b) or (d),
5

6                Note: The heading to amended section 107 is to read:
7                      Minister's powers on appeal

8    90.         Section 107B amended
9                After section 107B(3) insert:
10

11               (4)   If an appeal under section 100, 101A, 101B(1), 102,
12                     103 or 104(1), as enacted at any time, is lodged with
13                     the Appeals Convenor, it is taken to have been lodged
14                     with the Minister.
15               (5)   Subsection (4) extends, and is taken to have always
16                     extended, to appeals lodged before the coming into
17                     operation of the Environmental Protection Amendment
18                     Act 2020 section 90.
19


20   91.         Section 110 amended
21               After section 110(2) insert:
22

23               (3)   If implementation conditions are changed on an appeal
24                     under section 100(3), a statement setting out the
25                     implementation conditions as changed must be
26                     published by the Minister and section 45(8)(b) applies.
27




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1    92.     Part VIIB inserted
2            After section 110J insert:
3


4              Part VIIB -- Environmental monitoring
5                          programmes
6                          Division 1 -- Preliminary
7          110K.   Terms used
8                  In this Part --
9                  environmental monitoring programme means a
10                 monitoring programme established to monitor the
11                 effect on the environment of one or more prescribed
12                 activities, including pollution or environmental harm
13                 resulting from the activity or activities;
14                 levy means a levy imposed under Division 2A;
15                 monitoring station means equipment or a facility for
16                 collecting and obtaining data, and taking
17                 measurements, for the purposes of an environmental
18                 monitoring programme.

19          Division 2 -- Environmental monitoring programmes
20         110L.   Regulations as to environmental monitoring
21                 programmes
22                 Regulations may --
23                  (a) provide for the investigations, consultation or
24                        other processes to be carried out or undertaken
25                        to determine if an environmental monitoring
26                        programme is needed; and
27                  (b) provide for the development, establishment,
28                        implementation and operation of an
29                        environmental monitoring programme; and

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1                      (c)    provide for the powers that may be exercised
2                             for the purposes of --
3                                (i) determining whether an environmental
4                                     monitoring programme is needed; and
5                               (ii) developing, establishing, implementing
6                                     or operating an environmental
7                                     monitoring programme;
8                             and
9                      (d)    without limiting paragraph (c)(ii) --
10                               (i) provide for the installation, maintenance
11                                    and operation of monitoring stations and
12                                    for agreements to be entered for those
13                                    purposes; and
14                              (ii) require persons who own or occupy land
15                                    to provide assistance relating to the
16                                    installation, maintenance and operation
17                                    of monitoring stations on the land;
18                            and
19                     (e)    provide for and regulate the ownership, use and
20                            dissemination of data collected and obtained in
21                            the implementation and operation of an
22                            environmental monitoring programme; and
23                      (f)   require the CEO to review and report on an
24                            environmental monitoring programme.

25           110M. Funding for environmental monitoring
26                 programmes
27              (1)   This subsection applies to the following moneys --
28                     (a) any amount paid by way of levy; and
29                     (b) any amount paid by way of penalty under
30                           section 110Q; and
31                     (c) any amount of a kind prescribed for the
32                           purposes of this section.


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1      (2)   Moneys to which subsection (1) applies are to be used
2            for the following purposes --
3              (a) determining whether an environmental
4                     monitoring programme is needed;
5              (b) developing, establishing, implementing and
6                     operating environmental monitoring
7                     programmes;
8              (c) the refund of amounts overpaid by way of levy,
9                     and the payment of rebates, under the
10                    regulations;
11             (d) a purpose of a prescribed kind;
12             (e) any other purpose relating to environmental
13                    monitoring programmes that is approved by the
14                    Minister.

15                Division 3 -- Collection of levy
16   110N.   Payment of levy
17     (1)   A levy is due and payable --
18            (a) at the time or times prescribed; and
19            (b) in the manner prescribed.
20     (2)   A levy is payable to the Minister.
21     (3)   The regulations may provide for the refund or
22           deduction of amounts overpaid by way of levy and the
23           payment of rebates.

24   110O.   Financial assurance
25           The regulations may make provision --
26            (a) empowering the CEO to require the holder of a
27                  licence, or a person required to hold a licence,
28                  to provide a financial assurance for the purpose
29                  of securing or guaranteeing payment of a levy;
30                  and

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1                      (b)    with respect to the form, amount, maintenance
2                             and termination of the financial assurance; and
3                       (c)   with respect to the conditions and procedures
4                             under which the financial assurance may be
5                             called on or used; and
6                      (d)    with respect to matters necessary for, or
7                             incidental to, the effective operation of a
8                             financial assurance.

9            110P.    Payment by instalments
10              (1)   The regulations may provide for the payment of an
11                    amount of a levy to be made by instalments, and,
12                    subject to subsection (2), each instalment is due and
13                    payable at a time ascertained in accordance with the
14                    regulations.
15              (2)   If an instalment is not paid at or before the time due for
16                    the payment of the instalment, the whole of the amount
17                    of the levy unpaid becomes due and payable at that
18                    time.

19           110Q.    Penalty for non-payment
20              (1)   If an amount of a levy remains unpaid after the day on
21                    which it becomes due for payment, there is payable to
22                    the Minister by way of penalty, in addition to the
23                    amount of the levy, an amount calculated at the rate
24                    of 20% per annum upon the amount of the levy from
25                    time to time remaining unpaid.
26              (2)   The amount by way of penalty referred to in
27                    subsection (1) is to be calculated from the time when
28                    the amount of the levy becomes payable.




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1          110R.   Recovery of levy
2                  The following amounts may be recovered by the
3                  Minister in a court of competent jurisdiction as debts
4                  due to the Minister --
5                    (a) an amount of a levy that is due and payable;
6                   (b) an amount payable under section 110P.

7          110S.   Evading levy
8            (1)   A person who evades or attempts to evade payment of
9                  all or any amount of a levy commits an offence.
10                 Penalty for this subsection: a fine of $10 000 and treble
11                      the amount evaded or attempted to be evaded.
12           (2)   The imposition on a person of a fine under
13                 subsection (1) does not affect the liability of the person
14                 to pay any amount of the levy and any penalty under
15                 section 110Q.
16


17   93.     Section 112 replaced
18           Delete section 112 and insert:
19


20         112.    False information
21                 A person who, in purporting to comply with a
22                 requirement or request under this Act to give
23                 information to the Minister, the Authority, the CEO, a
24                 police officer, an inspector or an authorised person,
25                 gives or causes to be given information that to the
26                 person's knowledge is false or misleading in a material
27                 particular commits an offence.
28




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1    94.         Section 112A amended
2                In section 112A(2) delete "information) if the individual
3                objected at the time of doing so on the ground that it might
4                incriminate the individual." and insert:
5

6                information).
7


8    95.         Section 114 amended
9          (1)   Delete section 114(1) and insert:
10

11               (1)   Proceedings in respect of a Tier 1 offence, whether by
12                     way of --
13                       (a) giving a modified penalty notice under
14                            section 99A(2)(b); or
15                      (b) prosecution for the offence,
16                     as determined by the CEO, are not to be instituted
17                     otherwise than by the CEO.
18

19         (2)   In section 114(1b) delete "section 79(2), a prosecution for a Tier
20               3 offence" and insert:
21

22               section 79(2) and (3), a prosecution for a Tier 3 offence or an
23               offence under a regulation
24

25         (3)   Delete section 114(3) and insert:
26

27               (3)   A prosecution for an offence under section 49A(2)
28                     or (3), 81(2), 82(2), 83 or 93 may be instituted by any
29                     of the following --
30                       (a) the CEO;


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1                        (b)   a police officer, acting with the consent of the
2                              CEO;
3                        (c)   the chief executive officer of a local
4                              government, acting with the consent of the
5                              CEO.
6

7          (4)   In section 114(4) after "instituted by" insert:
8

9                the CEO or
10


11   96.         Section 116A and 116B inserted
12               After section 116 insert:
13


14           116A.     Proof not required of certain matters
15                     In proceedings for an offence under this Act, each of
16                     the following matters is taken to have been proved in
17                     the absence of proof to the contrary --
18                       (a) that the prosecutor is authorised to institute the
19                             prosecution;
20                       (b) that a signature on the prosecution notice
21                             alleging the offence is the signature of a person
22                             authorised to institute the prosecution;
23                       (c) that at a specified time a specified person was
24                             the CEO, an authorised officer or an inspector
25                             or a person assisting an inspector under
26                             section 89A;
27                       (d) that at a specified time a specified authorised
28                             person or a specified inspector was authorised
29                             to do a specified thing.




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1            116B.    Proof of remotely sensed images
2               (1)   In this section --
3                     captured includes taken;
4                     image includes --
5                       (a) a photograph; and
6                       (b) a digital image;
7                     image data source means a website, database, data
8                     storage facility or other body or source of
9                     information --
10                      (a) containing or including either or both of the
11                             following --
12                               (i) remotely sensed images;
13                              (ii) digital or electronic information from
14                                    which remotely sensed images can be
15                                    produced;
16                             and
17                      (b) declared by the regulations to be an image data
18                             source for the purposes of this section;
19                    official document means a document purporting to be
20                    signed by the CEO or a person appointed under the
21                    Land Administration Act 1997 section 30 to be an
22                    authorised land officer;
23                    remotely sensed image means an aerial photograph or
24                    any other image of land captured using airborne
25                    equipment or equipment mounted in or on a satellite.
26              (2)   In this section a reference to the capture of an image
27                    includes a reference to the capture of digital or
28                    electronic information from which the image was
29                    produced.




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1    (3)   For the purposes of this section, a remotely sensed
2          image derived from an image data source --
3            (a) is taken to have been captured on the date
4                  recorded or shown in the image data source as
5                  being the date on which the image was
6                  captured; and
7            (b) is taken to be an image of the land recorded or
8                  shown in the image data source as being the
9                  land to which the image relates.
10   (4)   In proceedings under this Act a remotely sensed image
11         of land is evidence of the vegetation on the land, and
12         its condition, on the date on which the image was
13         captured.
14   (5)   Subsection (4) applies to an image even if it, or the
15         information from which it was produced, has been
16         modified or enhanced so that colours, tones or
17         brightness more accurately represent what would be
18         visible with the naked eye.
19   (6)   In proceedings under this Act an official document
20         certifying the matters set out in subsection (7) or any of
21         those matters is, in the absence of proof to the contrary,
22         taken to be proof of the matters certified.
23   (7)   The matters that may be certified are --
24          (a) that an image comprising or specified in the
25               document is, or is a true copy of, a remotely
26               sensed image of land; and
27          (b) that an image comprising or specified in the
28               document is derived from an image data source;
29               and




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1                      (c)   that the image data source from which an image
2                            comprising or specified in the document is
3                            derived records or shows a date specified in the
4                            document as being the date on which the image
5                            was captured; and
6                      (d)   that the image data source from which an image
7                            comprising or specified in the document is
8                            derived records or shows land specified in the
9                            document as being the land to which the image
10                           relates; and
11                     (e)   that a remotely sensed image of land
12                           comprising or specified in the document has
13                           been marked to correctly identify, and correctly
14                           show the boundaries of, the land according to
15                           records held by the Western Australian Land
16                           Information Authority established by the Land
17                           Information Authority Act 2006 section 5.
18              (8)   In subsection (7)(e) a reference to the marking of an
19                    image is a reference to the marking or modification of
20                    the image, or the information from which it was
21                    produced, by the application of computer software or
22                    by other means.
23              (9)   An image, or a document comprising or specifying an
24                    image, must not be admitted pursuant to this section as
25                    evidence that the land has been cleared unless the court
26                    is satisfied that, after the time at which the image was
27                    captured, the Minister, the CEO or a person acting with
28                    the authority of the Minister or of the CEO has entered
29                    upon and inspected the land for the purposes of
30                    ascertaining whether the land has been so cleared.
31




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1    97.     Section 120 amended
2            Delete section 120(ba).

3    98.     Section 121B inserted
4            After section 121A insert:
5


6          121B.   Dealing with moneys paid or contributed under this
7                  Act
8            (1)   This section applies when section 45A(1)(c), 48AA(2),
9                  51I(2)(c), 110M(2) or any other provision of this Act
10                 requires or authorises the payment or contribution of
11                 moneys (the moneys) to be used for a purpose specified
12                 in the provision (the specified purpose).
13           (2)   Regulations may prescribe the manner in which the
14                 moneys are to be managed and expended.
15           (3)   Without limiting subsection (2), regulations may --
16                  (a) provide that, despite the Financial Management
17                       Act 2006 section 38, income derived from the
18                       investment of the moneys may be applied for
19                       the specified purpose; and
20                  (b) prescribe reporting requirements in relation to
21                       the use, management and expenditure of the
22                       moneys; and
23                  (c) require or authorise the payment of the moneys
24                       into an account maintained for the specified
25                       purpose.
26           (4)   This section does not affect the operation of Part VIIA.
27




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1    99.        Section 122B inserted
2               After section 122A insert:
3


4            122B.    Forms and other matters relating to documentation
5               (1)   In this section --
6                     approved means approved by the CEO;
7                     documentation includes a document, application,
8                     report, return, certificate, decision, statement or
9                     recommendation and information or data;
10                    publish includes keep a public record of and make
11                    available for public inspection;
12                    submit includes make, provide or produce.
13              (2)   Forms may be prescribed or approved for use in
14                    submitting documentation under this Act.
15              (3)   If a form is prescribed or approved for use in
16                    submitting documentation, the documentation must be
17                    submitted in, and in accordance with, that form but
18                    deviations from the form not materially affecting the
19                    substance, nor likely to mislead, do not invalidate the
20                    form used.
21              (4)   Regulations may make provision with respect to --
22                     (a) publishing documentation submitted or
23                           obtained under, or created for the purposes of,
24                           this Act; and
25                     (b) measures and procedures for maintaining
26                           confidentiality in respect of documentation,
27                           including --
28                             (i) the making of a request that
29                                  documentation not be published; and




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1                            (ii)   the manner in which a request of that
2                                   kind is to be made, received and dealt
3                                   with.
4             (5)   Without limiting subsection (4)(a), regulations may
5                   require or authorise the publication of documentation
6                   that is not otherwise required or authorised under this
7                   Act to be published.
8             (6)   Subject to the measures or procedures referred to in
9                   subsection (4)(b) --
10                    (a) documentation must or can be published if this
11                         Act requires or authorises it to be published;
12                         and
13                    (b) if a manner is prescribed for use in publishing
14                         documentation, it must be published in that
15                         manner.
16


17   100.     Part VIIIA inserted
18            After section 124 insert:
19


20            Part VIIIA -- Bilateral agreements with the
21                        Commonwealth
22          124A.   Terms used
23                  In this Part, unless the contrary intention appears --
24                  bilateral agreement means an agreement referred to in
25                  the Commonwealth Environment Act section 45(2) to
26                  which the State is a party;
27                  bilateral matter means a matter in respect of which an
28                  application has been made in accordance with
29                  regulations referred to in section 124D;
30                  guidelines includes policies, plans and information;


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1                     State entity means the Minister, the CEO or the
2                     Authority.

3             124B.   Effect of Part
4                     This Part has effect despite any other provision of this
5                     Act.

6             124C.   Additional function of Authority
7               (1)   It is a function of the Authority to facilitate the
8                     implementation of bilateral agreements.
9               (2)   A reference in any enactment to the Authority's
10                    functions includes a reference to its function under
11                    subsection (1).

12            124D.   Application for a matter to be dealt with as a
13                    bilateral matter
14                    Regulations may provide for procedures under which a
15                    person may apply for a matter to be dealt with under
16                    this Act as a bilateral matter where, under a bilateral
17                    agreement, the performance of functions in respect of
18                    the matter by a State entity will or may have effect for
19                    the purposes of the Commonwealth Environment Act.

20            124E.   Performance of functions in respect of bilateral
21                    matters
22              (1)   A State entity may perform functions under this Act in
23                    respect of a bilateral matter in a manner that is
24                    consistent with, and enables the implementation of, a
25                    bilateral agreement.
26              (2)   When performing functions under this Act in respect of
27                    a bilateral matter a State entity may have regard to
28                    guidelines in accordance with a bilateral agreement.




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1    (3)   Without limiting subsection (1) or section 17, for the
2          purposes of performing functions under Part IV in
3          respect of a bilateral matter the Authority may, in
4          relation to a proposal --
5            (a) have regard to requirements made by a bilateral
6                  agreement when making requirements or taking
7                  other action under section 40; and
8            (b) prepare guidelines and publish material as
9                  required under a bilateral agreement; and
10           (c) require the proponent to do anything necessary
11                 to give effect to a bilateral agreement; and
12           (d) make its assessment and report in a manner that
13                 satisfies the requirements of a bilateral
14                 agreement.
15   (4)   Without limiting subsection (1), when consulting with
16         other Ministers and decision-making authorities or
17         making decisions for the purposes of Part IV in respect
18         of a bilateral matter, the Minister may --
19           (a) rely on a report of the Authority, including any
20                  part of the report relating to matters of national
21                  environmental significance under the
22                  Commonwealth Environment Act; and
23           (b) impose implementation conditions for the
24                  purpose of the implementation of a bilateral
25                  agreement.
26   (5)   Without limiting subsection (1), when performing
27         functions under Part V Division 2 in respect of a
28         bilateral matter the CEO may --
29           (a) have regard to requirements made by a bilateral
30                 agreement; and
31           (b) prepare guidelines and publish material as
32                 required under a bilateral agreement; and



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1                       (c)   require a person to do anything necessary to
2                             give effect to a bilateral agreement; and
3                      (d)    make any assessment and report required by a
4                             bilateral agreement in a manner that satisfies
5                             the requirements of a bilateral agreement; and
6                       (e)   attach conditions to a clearing permit for the
7                             purpose of the implementation of a bilateral
8                             agreement.
9               (6)   When performing functions under Part VII in relation
10                    to an appeal in respect of a bilateral matter the
11                    following are to have regard to the effect of
12                    subsections (1) to (5) on the performance of
13                    functions --
14                      (a) the Minister;
15                      (b) the Authority;
16                      (c) the CEO;
17                      (d) the Appeals Convenor;
18                      (e) an appeals panel;
19                       (f) an appeals committee.

20            124F.   Fees in relation to bilateral matters
21              (1)   Regulations may prescribe, or provide for the
22                    determination of, fees payable to a State entity, or a
23                    delegate of a State entity, in respect of things done, or
24                    to be done, by or on behalf of the State entity or
25                    delegate in respect of a bilateral matter.
26              (2)   Regulations relating to a fee in respect of a matter may
27                    prescribe, or provide for the determination of, a greater
28                    or additional fee if the matter is, or is to be, dealt with
29                    as a bilateral matter.




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1      (3)   Schedule 2 items 2 and 2A apply in relation to fees
2            mentioned in this section.

3    124G.   Disclosure of information for the purposes of
4            bilateral agreements
5      (1)   Subject to this section, the provisions of this Act in
6            relation to the confidentiality and disclosure of
7            information apply to information obtained in or for the
8            purposes of the performance of functions in accordance
9            with this Part.
10     (2)   To facilitate the implementation of a bilateral
11           agreement information that a State entity has may be
12           disclosed to a person that performs functions under the
13           Commonwealth Environment Act.
14     (3)   A person does not commit an offence under
15           section 120 if the disclosure of information referred to
16           in that section is made under, or for the purposes of the
17           implementation of, a bilateral agreement.

18   124H.   Regulations
19           Without limiting section 123(1) and (2), regulations
20           may prescribe all matters that are required or permitted
21           by this Part to be prescribed or that are necessary or
22           convenient to be prescribed for --
23             (a) giving effect to the purposes of this Part; or
24             (b) facilitating the implementation of bilateral
25                   agreements.
26




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1    101.       Part IX Division 4 inserted
2               At the end of Part IX insert:
3


4             Division 4 -- Transitional provisions for Environmental
5                         Protection Amendment Act 2020
6                         Subdivision 1 -- General provision

7             133A.   Term used: amending Act
8                     In this Division --
9                     amending Act means the Environmental Protection
10                    Amendment Act 2020.

11                Subdivision 2 -- Transitional provisions relating to
12                                clearing matters

13            133B.   Declaration of environmentally sensitive areas
14              (1)   In this section --
15                    former section means section 51B of this Act as in
16                    force before the coming into operation of section 44 of
17                    the amending Act;
18                    new section means section 51B as in force after the
19                    coming into operation of section 44 of the amending
20                    Act;
21                    regulations means regulations made under the new
22                    section.
23              (2)   Until regulations come into operation the declaration of
24                    an environmentally sensitive area by notice made under
25                    the former section continues to have effect as if it had
26                    been made by regulations.




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1    133C.   Clearing permit applications
2      (1)   In this section --
3            commencement means the coming into operation of
4            section 45 of the amending Act;
5            existing application means an application for a
6            clearing permit made under section 51E before the
7            commencement that has neither been withdrawn nor
8            dealt with under section 51E(3) or (5) before the
9            commencement.
10     (2)   On and from the commencement an existing
11           application is taken to have been the referral under and
12           in accordance with section 51DA(2) (the deemed
13           referral) of a proposal for the clearing specified in the
14           existing application.
15     (3)   If the CEO did not comply with section 51E(4)(c) in
16           relation to an existing application before the
17           commencement, section 51DA(3) to (6) apply to the
18           deemed referral, and if the person who made the
19           existing application --
20             (a) receives notice under section 51DA(5) that the
21                   CEO has decided that a clearing permit is
22                   needed for the proposed clearing; or
23             (b) does not receive any notice under
24                   section 51DA(5) within the period of 21 days
25                   beginning on the commencement,
26           the person may, in writing, request the CEO to treat the
27           deemed referral as an application for a clearing permit
28           under section 51E(1).




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1               (4)   If the CEO complied with section 51E(4)(c) in relation
2                     to an existing application before the commencement,
3                     the person who made the existing application is taken
4                     to have --
5                       (a) received notice under section 51DA(5) that the
6                             CEO has decided that a clearing permit is
7                             needed for a proposed clearing; and
8                       (b) requested the CEO under section 51DA(8) to
9                             treat the deemed referral as an application for a
10                            clearing permit under section 51E(1).
11              (5)   If a request is made under subsection (3), or if
12                    subsection (4) applies, the deemed referral is to be
13                    treated as an application for a clearing permit under
14                    section 51E, and section 51DA(9) does not apply.

15            133D.   Clearing injunctions
16              (1)   In this section --
17                    clearing injunction has the meaning given in
18                    section 51S(2) of this Act as in force before the
19                    commencement;
20                    commencement means the coming into operation of
21                    sections 59 and 83 of the amending Act;
22                    conduct injunction has the meaning given in
23                    section 99ZC(2);
24                    existing application means an application for a
25                    clearing injunction made under section 51S of this Act
26                    as in force before the commencement that has neither
27                    been withdrawn nor finally determined before the
28                    commencement.
29              (2)   A clearing injunction in force immediately before the
30                    commencement has effect on and after the
31                    commencement as if it were a conduct injunction.



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1      (3)   An existing application has effect on and after the
2            commencement as if it were an application for a
3            conduct injunction made under section 99ZC(3).

4     Subdivision 3 -- Transitional provisions relating to works
5                     approvals and licences

6    133E.   Terms used
7            In this Subdivision --
8            commencement means the coming into operation of
9            section 60 of the amending Act;
10           existing Act means this Act as in force immediately
11           before being amended by the amending Act;
12           former provisions means Part V Division 3 of this Act
13           as in force before the commencement;
14           new licence means a licence granted under the new
15           provisions;
16           new provisions means Part V Division 3 as in force
17           after the commencement.

18   133F.   Works approvals
19     (1)   Despite section 60 of the amending Act a works
20           approval in effect under the former provisions
21           immediately before the commencement (the works
22           approval) continues to have effect on and after the
23           commencement.
24     (2)   The provisions of the existing Act are to be taken to
25           continue in force to the extent necessary to give effect
26           to subsection (1).
27     (3)   Subsection (1) has effect subject to subsection (4) and
28           to the former provisions as continued in force by
29           subsection (2).




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1               (4)   The CEO may, by notice in writing to the occupier,
2                     amend the works approval so that it conforms with the
3                     new provisions and the form of licences issued under
4                     the new provisions and, from the service of that notice,
5                     the works approval as so amended is taken to be a new
6                     licence granted to the occupier in respect of the works
7                     specified in the works approval as so amended and has
8                     effect accordingly.
9               (5)   Without limiting subsection (4), a works approval may
10                    be amended under that subsection to specify emissions
11                    authorised by the works approval.

12            133G.   Licences
13              (1)   Despite section 60 of the amending Act a licence in
14                    effect under the former provisions immediately before
15                    the commencement (the licence) continues to have
16                    effect on and after the commencement.
17              (2)   The provisions of the existing Act are to be taken to
18                    continue in force to the extent necessary to give effect
19                    to subsection (1).
20              (3)   Subsection (1) has effect subject to subsection (4) and
21                    to the former provisions as continued in force by
22                    subsection (2).
23              (4)   Despite subsection (1) the licence may be amended
24                    under Part V Division 3 Subdivisions 3 and 4 and, from
25                    the giving of notice of the amendment under
26                    section 58, the licence as so amended is taken to be a
27                    new licence granted to the occupier in respect of the
28                    prescribed activities specified in the conditions of the
29                    licence as so amended and has effect accordingly.




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1    133H.    Existing applications for works approvals or
2             licences
3       (1)   In this section --
4             existing application means an application for a works
5             approval or licence made under the former provisions
6             that has neither been withdrawn nor finally determined
7             before the commencement.
8       (2)   An existing application has effect on and after the
9             commencement as if it were an application for a new
10            licence made under the new provisions.

11   133I.    Existing applications as to existing works approvals
12      (1)   In this section --
13            existing application means an application for the
14            amendment, surrender or transfer of a works approval
15            (the works approval) made under the former provisions
16            that has neither been withdrawn nor finally determined
17            before the commencement.
18      (2)   Without limiting section 133F(1) and (2), those
19            provisions apply in relation to an existing application.
20      (3)   If an existing application has neither been withdrawn
21            nor finally determined before the time at which the
22            works approval becomes a new licence under
23            section 133F(4), the existing application has effect
24            from that time as if it were an application under the
25            new provisions for the amendment, surrender or
26            transfer of the new licence as the case requires.

27   133J.    Existing applications as to existing licences
28      (1)   In this section --
29            existing application means an application for the
30            amendment, surrender or transfer of a licence (the
31            licence) made under the former provisions that has


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1                     neither been withdrawn nor finally determined before
2                     the commencement.
3               (2)   Without limiting section 133G(1) and (2), those
4                     provisions apply in relation to an existing application.
5               (3)   If an existing application has neither been withdrawn
6                     nor finally determined before the time at which the
7                     licence becomes a new licence under section 133G(4),
8                     the existing application has effect from that time as if it
9                     were an application under the new provisions for the
10                    amendment, surrender or transfer of the new licence as
11                    the case requires.

12            133K.   Appeals in respect of refusal to grant works
13                    approvals and licences
14              (1)   In this section --
15                    pending appeal means an appeal against the refusal of
16                    the CEO to grant a works approval or licence made
17                    under the former provisions that has neither been
18                    withdrawn nor finally determined before the
19                    commencement.
20              (2)   A decision made before the commencement to uphold
21                    an appeal against the refusal of the CEO to grant a
22                    works approval or licence under the former provisions
23                    is taken on and after the commencement to be a
24                    decision to uphold an appeal against the refusal of the
25                    CEO to grant a licence under the new provisions.
26              (3)   The provisions of the existing Act are to be taken to
27                    continue in force on and after the commencement to
28                    the extent necessary to enable --
29                      (a) any pending appeal to be withdrawn or finally
30                            determined; and
31                      (b) an appeal against the refusal of the CEO, before
32                            the commencement, to grant a works approval


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1                   or licence under the former provisions to be
2                   lodged and dealt with.
3      (4)   If under the provisions of the existing Act as continued
4            in force by subsection (3) the Minister makes a
5            decision to uphold an appeal against the refusal of the
6            CEO to grant a works approval or licence under the
7            former provisions, that decision is taken to be a
8            decision to uphold an appeal against the refusal of the
9            CEO to grant a licence under the new provisions.

10   133L.   Other appeals in respect of works approvals and
11           licences
12     (1)   In this section --
13           pending appeal means an appeal against a specified
14           decision that has neither been withdrawn nor finally
15           determined before the commencement;
16           specified decision means a decision of the CEO under
17           the former provisions --
18             (a) to refuse to transfer a works approval or
19                    licence; or
20             (b) to specify a condition in a works approval or
21                    licence; or
22             (c) to amend, revoke or suspend a works approval
23                    or licence.
24     (2)   The provisions of the existing Act are to be taken to
25           continue in force on and after the commencement to
26           the extent necessary to enable --
27             (a) any pending appeal to be withdrawn or finally
28                   determined; and
29             (b) an appeal against a specified decision made
30                   before the commencement to be lodged and
31                   dealt with.



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1               (3)   If under the provisions of the existing Act as continued
2                     in force by subsection (2) the Minister makes a
3                     decision as to an appeal, the provisions of the existing
4                     Act are to be taken to continue in force to the extent
5                     necessary to enable the CEO to do anything necessary
6                     to implement and give effect to the Minister's decision.
7               (4)   If --
8                       (a)   under the provisions of the existing Act as
9                             continued in force by subsection (2) the
10                            Minister makes a decision to uphold an appeal
11                            against a specified decision relating to a works
12                            approval or licence; and
13                     (b)    under section 133F(4) or 133G(4) the works
14                            approval or licence is taken to be a new licence,
15                    the decision on the appeal has effect, subject to any
16                    necessary modifications, in relation to the new licence.

17                            Subdivision 4 -- Other matters

18            133M. Referred proposals
19              (1)   In subsection (2) --
20                    referral means referral to the Authority under
21                    section 38.
22              (2)   Each of the following is taken to be a referral of a
23                    significant amendment of an approved proposal --
24                      (a) the referral by the proponent, before the coming
25                            into operation of section 28 of the amending
26                            Act (the commencement), of a revised proposal
27                            after the publication of a statement under
28                            section 45(5) of this Act as in force before the
29                            commencement in relation to a proposal;




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1           (b)   the referral, before the coming into operation of
2                 section 31 of the amending Act (the
3                 commencement), of a new proposal as required
4                 by section 46B(2) of this Act as in force before
5                 the commencement;
6           (c)   the referral by the proponent, after the coming
7                 into operation of section 28 of the amending
8                 Act, of a revised proposal in respect of a
9                 proposed change if, when it is dealt with in
10                accordance with subsection (6), the proposed
11                change is not approved.
12   (3)   In subsection (4) --
13         commencement means the coming into operation of
14         section 26 of the amending Act;
15         proposed change means a change to a proposal to
16         which section 43A of this Act as in force before the
17         commencement applied.
18   (4)   If at the commencement the Authority has yet to
19         determine whether to consent to a proposed change, the
20         proposed change is taken to have been requested under
21         section 43A(1)(b).
22   (5)   In subsection (6) --
23         commencement means the coming into operation of
24         section 28 of the amending Act;
25         proposed change means a change to a proposal to
26         which section 45C of this Act as in force before the
27         commencement applied.
28   (6)   If at the commencement the Minister has yet to
29         determine whether to approve of a proposed change,
30         the proposed change must be dealt with as if
31         section 45C of this Act as in force before
32         commencement had not been repealed.



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1               (7)   In subsection (8) --
2                     commencement means the coming into operation of
3                     section 16 of the amending Act;
4                     section 39 means section 39 of this Act as in force
5                     before the commencement.
6               (8)   If a request made under section 39(2) has not been
7                     dealt with before the commencement, the request must
8                     be dealt with as if section 39(3) and (4) had not been
9                     repealed.

10            133N.   Chair and Deputy Chair
11              (1)   In this section --
12                    commencement means the coming into operation of
13                    section 6 of the amending Act.
14              (2)   Subject to this Act --
15                     (a) a person holding office as Chairman of the
16                           Authority immediately before the
17                           commencement holds office after the
18                           commencement as Chair of the Authority; and
19                     (b) a person holding office as Deputy Chairman of
20                           the Authority immediately before the
21                           commencement holds office after the
22                           commencement as Deputy Chair of the
23                           Authority.

24            133O.   Transitional regulations
25              (1)   In this section --
26                    publication day, for regulations made under
27                    subsection (2), means the day on which those
28                    regulations are published in the Gazette;
29                    specified means specified or described in regulations
30                    made under subsection (2);



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1          transitional matter --
2            (a) means a matter that needs to be dealt with for
3                  the purpose of effecting the transition required
4                  because of the enactment of the amending Act;
5                  and
6            (b) includes a saving or application matter.
7    (2)   If there is no sufficient provision in this Division for
8          dealing with a transitional matter, the Governor may
9          make regulations prescribing matters --
10           (a) required to be prescribed for the purpose of
11                  dealing with the transitional matter; or
12           (b) necessary or convenient to be prescribed for the
13                  purpose of dealing with the transitional matter.
14   (3)   Regulations made under subsection (2) may provide
15         that specified provisions of this Act --
16           (a) do not apply to or in relation to a specified
17                 matter; or
18           (b) apply with specified modifications to or in
19                 relation to a specified matter.
20   (4)   If regulations made under subsection (2) provide that a
21         specified state of affairs is taken to have existed, or not
22         to have existed, on and after a day that is earlier than
23         publication day for those regulations but not earlier
24         than the day on which the relevant provision of the
25         amending Act came into operation, the regulations
26         have effect according to their terms.
27   (5)   If regulations made under subsection (2) contain a
28         provision referred to in subsection (4), the provision
29         does not operate so as --
30           (a) to affect in a manner prejudicial to a person
31                 (other than the State or an authority of the
32                 State) the rights of that person existing before
33                 publication day for those regulations; or

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1                        (b)      to impose liabilities on a person (other than the
2                                 State or an authority of the State) in respect of
3                                 an act done or omission made before
4                                 publication day for those regulations.

5             133P.     Interpretation Act 1984 not affected
6                       Except to the extent that this Division or regulations
7                       made under section 133O expressly provide differently,
8                       the Interpretation Act 1984 Part V applies in relation to
9                       the amendments effected by the amending Act.
10


11   102.       Schedule 1 Part 1 Division 1 amended
12      (1)     In Schedule 1 Part 1 Division 1 item 2 column 2 delete "or (4)".
13      (2)     In Schedule 1 Part 1 Division 1 after row 2 insert:
14

       2A                 47(5)            $500 000                    $100 000
15

16      (3)     In Schedule 1 Part 1 Division 1 item 3 column 2 delete "48(6)"
17              and insert:
18

19              48(9)
20


21   103.       Schedule 1 Part 1 Division 2 amended
22      (1)     In Schedule 1 Part 1 Division 2 item 2 column 2 delete "or (4)".
23      (2)     In Schedule 1 Part 1 Division 2 after row 2 insert:
24

       2A                 47(5)            $1 000 000                  $200 000
25




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1        (3)   In Schedule 1 Part 1 Division 2 item 3 column 2 delete
2              "48(6)"and insert:
3

4              48(9)
5


6    104.      Schedule 1 Part 2 Division 1 amended
7        (1)   In Schedule 1 Part 2 Division 1 item 1D column 2 delete "50D"
8              and insert:
9

10             50D(2)
11

12       (2)   In Schedule 1 Part 2 Division 1 delete items 2, 3, 4, 5, 5A, 6, 7,
13             7A and 8.
14       (3)   In Schedule 1 Part 2 Division 1 insert in alphanumerical order:
15

     2                 53A(1)       $62 500                    $12 500
     3                 53B(1)       $62 500                    $12 500
     4                 62           $62 500                    $12 500
     5                 63(3)        $62 500                    $12 500
     11B               86O(1)       $62 500                    $12 500
     11C               86P(2)       $62 500                    $12 500
16


17   105.      Schedule 1 Part 2 Division 2 amended
18       (1)   In Schedule 1 Part 2 Division 2 item 1D column 2 delete "50D"
19             and insert:
20

21             50D(2)
22




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1       (2)     In Schedule 1 Part 2 Division 2 delete items 2, 3, 4, 5, 5A, 6, 7,
2               7A and 8.
3       (3)     In Schedule 1 Part 2 Division 2 insert in alphanumerical order:
4

        2                53A(1)         $125 000                    $25 000
        3                53B(1)         $125 000                    $25 000
        4                62             $125 000                    $25 000
        5                63(3)          $125 000                    $25 000
        11B              86O(1)         $125 000                    $25 000
        11C              86P(2)         $125 000                    $25 000
5


6    106.       Schedule 1 Part 2 Division 3 amended
7       (1)     In Schedule 1 Part 2 Division 3 item 1 column 2 delete "47(3)"
8               and insert:
9

10              47(4)
11

12      (2)     In Schedule 1 Part 2 Division 3 delete item 2.
13      (3)     In Schedule 1 Part 2 Division 3 item 3 column 2 delete "62A(2)"
14              and insert:
15

16              61A(3)
17

18      (4)     In Schedule 1 Part 2 Division 3 item 15 column 2 delete "90(2)"
19              and insert:
20

21              90(6)
22




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1       (5)   In Schedule 1 Part 2 Division 3 item 21 column 3 delete
2             "$50 000" and insert:
3

4             $100 000
5

6       (6)   In Schedule 1 Part 2 Division 3 item 22 column 3 delete
7             "$50 000" and insert:
8

9             $100 000
10


11   107.     Schedule 1 Part 3 amended
12            In Schedule 1 Part 3 insert in alphanumerical order:
13

       9A               90(6)         $5 000                        $1 000
14


15   108.     Schedule 2 amended
16      (1)   In Schedule 2 item 2(a) before "the time" insert:
17

18            subject to this Act,
19

20      (2)   After Schedule 2 item 2(c) insert:
21

22            (ca)   when a fee submitted in respect of an application made
23                   under this Act is taken to have been received for the
24                   purposes of this Act;
25




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1       (3)         Delete Schedule 2 item 2(e) and insert:
2

3                   (e)      penalties for, and other consequences of, failure to pay fees,
4                            late payment of fees or underpayment of fees;
5

6       (4)         In Schedule 2 item 14 delete "premises, whether or not those
7                   premises are prescribed premises or a public place." and insert:
8

9                   premises or a place.
10

11      (5)         Delete Schedule 2 item 26 and insert:
12

13            26.         Prescribing a specified activity as a prescribed activity for the
14                        purposes of Part V, either generally or in circumstances
15                        specified for that category of activity.
16

17      (6)         After Schedule 2 item 35A insert:
18

19            35B. Providing for notices, orders or other documents to be given,
20                 sent or served under this Act by electronic communication (as
21                 defined in the Electronic Transactions Act 2011 section 5(1))
22                 and providing for the proof of that giving, sending or service.
23

24      (7)         In Schedule 2 item 36 delete "The" and insert:
25

26                  Without limiting section 122B, the
27




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1       (8)    After Schedule 2 item 36A insert:
2

3           36B. Establishing or recognising a scheme or system for the
4                accreditation of persons as environmental practitioners for
5                purposes related to this Act.
6

7       (9)    In Schedule 2 item 37 delete "$5 000." and insert:
8

9              $20 000.
10


11   109.      Schedule 5 amended
12             In Schedule 5 clause 2 delete the definition of "threatened
13             ecological community" and insert:
14

15                   threatened ecological community means --
16                        (a)   a threatened ecological community as defined in the
17                              Biodiversity Conservation Act 2016 section 5(1); or
18                      (b)     any other ecological community listed, designated
19                              or declared as threatened, endangered or vulnerable
20                              under or for the purposes of a written law; or
21                        (c)   a listed threatened ecological community as defined
22                              in the Commonwealth Environment Act
23                              section 528;
24


25   110.      Schedule 6 amended
26      (1)    In Schedule 6 item 1 delete "written law." and insert:
27

28             prescribed enactment.
29




                                                                             page 169
     Environmental Protection Amendment Bill 2020
     Part 2         Environmental Protection Act 1986 amended

     s. 110



1       (2)        In Schedule 6 item 2:
2                    (a) in paragraph (a) delete "an implementation agreement or
3                         decision; or" and insert:
4

5                           a Ministerial statement; or
6

7                    (b)    delete paragraph (c)(ii).
8       (3)        Delete Schedule 6 item 3 and insert:
9

10            3.           Clearing in the performance of functions that the CEO, as
11                         defined in the Conservation and Land Management
12                         Act 1984 section 3, has under section 33(1)(a) or (aa) of that
13                         Act.
14

15      (4)        In Schedule 6 item 10:
16                   (a) in paragraph (e) delete "section 26," and insert:
17

18                          section 26; or
19

20                   (b)    after paragraph (e) insert:
21

22                           (f)   to comply with a notice given under section 33(1);
23                                 or
24                           (g)   as authorised under section 36(b),
25

26      (5)        After Schedule 6 item 10 insert:
27

28            10A.         Clearing that is done by a local government under the Bush
29                         Fires Act 1954 section 33(4) if the person who is given a
30                         notice mentioned in item 10(f) fails to comply with it.




     page 170
                                  Environmental Protection Amendment Bill 2020
                         Environmental Protection Act 1986 amended      Part 2

                                                                                   s. 111



1           10B.        Clearing that is done by the occupier of land, or an energy
2                       operator, under the Energy Operators (Powers) Act 1979
3                       section 54.
4

5       (6)       After Schedule 6 item 14 insert:
6

7           15.         Clearing that is done by the owner or occupier of land to
8                       comply with a notice given under the Local Government
9                       Act 1995 section 3.25(1) in respect of something prescribed
10                      in Schedule 3.1 Division 1 item 5A, 8 or 9 of that Act.
11          16.         Clearing that is done by a local government under the Local
12                      Government Act 1995 section 3.26 if the person who is
13                      given a notice mentioned in item 15 fails to comply with it.
14


15   111.         Amendments as to gender neutral language
16      (1)       Amend the provisions listed in the Table as set out in the Table.
17                                          Table
              Provision                     Delete                     Insert

       s. 3(1) def. of public       his                       an
       authority

       s. 6(5)                      on him or it

       s. 6(5)                      his or its intention      the intention of the
                                                              Minister or Authority

       s. 6(7)                      he (each occurrence)      the person
       s. 76(1)
       s. 80(1)
       s. 86(4)



                                                                                page 171
Environmental Protection Amendment Bill 2020
Part 2         Environmental Protection Act 1986 amended

s. 111




          Provision                Delete                  Insert

   s. 7(6)                 his                  the
   s. 87(4)(b)
   s. 88(5)(b)
   s. 94(2)(b)
   s. 101(2)
   s. 124(2)

   s. 9                    his                  the Authority
                                                member's

   s. 12(1)                his knowledge        the Authority
                                                member's knowledge

   s. 12(1)                his interest         the interest

   s. 16(e)                he                   the Minister
   s. 29(1)(a)
   s. 31(c)
   s. 37(1) and (3)
   s. 44(3)
   s. 48D(3)
   s. 69(2) and (4)
   s. 101(2d)(a) and (b)

   s. 18(1)                his                  the Minister's
   s. 31(e)
   s. 36(1)(a)



page 172
                          Environmental Protection Amendment Bill 2020
                 Environmental Protection Act 1986 amended      Part 2

                                                                   s. 111



        Provision                   Delete             Insert

s. 24                    him or it (1st        the Minister or the
                         occurrence)           Authority

s. 24                    by him or it
s. 25(2)

s. 25(1)(a) and (b)      he or it              the Minister or the
                                               Authority
s. 25(2)

s. 25(1)(a)              him or it

s. 25(3)                 his                   the member's
s. 29(4)
s. 40(8)

s. 29(1)                 to him
s. 31(a)(i)
s. 37(3)
s. 48D(3)

s. 29(1)                 by him                by the Minister

s. 29(2)(b)              chairman of           member presiding
s. 42(1)(b)                                    over

s. 29(4)                 chairman              member presiding
                                               over
s. 40(8)

s. 44(3)(b)(i)           him                   the Minister
s. 124(1)(c)



                                                                page 173
Environmental Protection Amendment Bill 2020
Part 2         Environmental Protection Act 1986 amended

s. 111




           Provision              Delete                   Insert

   s. 48H(3)             him                    the responsible
                                                Minister
   s. 101(2d)(a)

   s. 65(6)              on him
   s. 89(4)
   s. 99(2)

   s. 65(6)              of him                 of the person

   s. 65(7)              his                    the person's

   s. 67                 when he ceases         as soon as practicable
                                                after ceasing

   s. 67(a) and (b)      him                    that owner or occupier

   s. 69(3) and (5)      him                    the person
   s. 79(3)(c)
   s. 87(4)(b)
   s. 88(5)(b)
   s. 94(2)(b)
   s. 95(2)
   s. 96(3)
   s. 97(2)
   s. 104(1)




page 174
                       Environmental Protection Amendment Bill 2020
              Environmental Protection Act 1986 amended      Part 2

                                                                 s. 111



     Provision               Delete                  Insert

s. 71(1)              he (each occurrence)   the CEO
s. 75(1) and (4)
s. 95(1)

s. 75(1)              his                    the CEO's

s. 80(2)              him                    the occupier

s. 81(1)(a)           he (each occurrence)   the authorised person
                                             or police officer
s. 82(1)

s. 81A(2b)            he or she (each        the person
                      occurrence)
Sch. 7 cl. 4(1)(b)

s. 82(1)              him (each              the authorised person
                      occurrence)            or police officer

s. 82(3)              he (each occurrence)   the authorised person
s. 87(3)

s. 83(a)              him                    that occupier or
                                             person

s. 87(3)              him (each              the authorised person
                      occurrence)

s. 88(1)(f)           him                    the CEO

s. 88(4)              him (each              the inspector
                      occurrence)




                                                              page 175
Environmental Protection Amendment Bill 2020
Part 2         Environmental Protection Act 1986 amended

s. 111




           Provision              Delete                   Insert

   s. 88(4)              he (each occurrence)     the inspector

   s. 89(4)              on him
   s. 99(2)

   s. 91(2)              his                      the inspector's

   s. 91A(1)             he                       the inspector or
                                                  authorised person

   s. 93                 of his powers under      power conferred by

   s. 97(1)(b)           who has in his           has possession of
                         possession

   s. 99(1)(d) and (2)   him                      the police officer

   s. 99(1)              he (each occurrence)     the police officer

   s. 107B(3)            his or her               the Appeals
                                                  Convenor's

   s. 108(2)             him                      the member

   s. 118(4)             his or her capacity as   that capacity
                         such

   s. 120                him (each                the person
                         occurrence)




page 176
                                 Environmental Protection Amendment Bill 2020
                        Environmental Protection Act 1986 amended      Part 2

                                                                           s. 112



1       (2)   Delete section 91A(2) and insert:
2

3             (2)   A person who, being in charge of a vehicle or vessel
4                   and being informed by a person that the person is an
5                   inspector or an authorised person, fails to stop the
6                   vehicle or vessel when so required by that person
7                   commits an offence.
8


9    112.     Other provisions amended
10            Amend the provisions listed in the Table as set out in the Table.
11                                     Table
              Provision                Delete                  Insert

       s. 3(1) def. of books    section 3               section 5

       s. 3(1) def. of final    section 87(2), as       section 29 or 31
       approval par. (e)        read with section 32,

       s. 40A(1)(b)(i)          section 40(2)(a)        section 40(2)(a), (aa)
                                or (b);                 or (b);

       s. 48C(7) def. of        sections 84             section 84,
       public review            and 87(1),
       par. (e)

       s. 48E(2)                48A,                    48A(1)(b) and (c),
                                                        (2) and (3),

       s. 68A(1) def. of        a works approval,
       authorisation
       s. 86A def. of
       authorisation




                                                                        page 177
Environmental Protection Amendment Bill 2020
Part 2         Environmental Protection Act 1986 amended

s. 112




         Provision                 Delete                Insert

  s. 72(1)(b)              works approval or
  s. 119(b)

  s. 73(1)(a) and (4)(a)   works approval,
  s. 73A(1)(a)

  s. 86A def. of           the exemption         the declaration or
  responsible person                             exemption
  par. (b)

  s. 99H def. of           by the regulations
  infringement notice
  offence

  s. 109(2)                section 102(2) in     section 102(4) in
                           respect of the        respect of the
                           amendment of a        amendment of a
                           licence under         licence under
                           section 59(1)(a) or   section 55(3)(a)
                           (b)                   or (b)
                           published in such
  s. 110(2)                                      published.
                           manner as is
                           prescribed.

  s. 110C(a)               a licensee            the holder of a
                                                 licence

  Sch. 2 it. 2A            works approval or

  Sch. 2 it. 36A           a licensee            the holder of a licence




page 178
                                Environmental Protection Amendment Bill 2020
                                          Other Acts amended          Part 3

                                                                             s. 113



1                       Part 3 -- Other Acts amended
2    113.     Biodiversity Conservation Act 2016 amended
3       (1)   This section amends the Biodiversity Conservation Act 2016.
4       (2)   In section 43(1)(b) before "in" insert:
5

6             or (1A)
7

8       (3)   In section 97(f)(i) delete "section 3(1); or" and insert:
9

10            section 44A; or
11


12   114.     Bush Fires Act 1954 amended
13      (1)   This section amends the Bush Fires Act 1954.
14      (2)   In section 24C delete the definition of rubbish tip and insert:
15

16                  rubbish tip means disposal premises as defined in the
17                  Waste Avoidance and Resource Recovery Levy
18                  Act 2007 section 3;
19


20   115.     Contaminated Sites Act 2003 amended
21      (1)   This section amends the Contaminated Sites Act 2003.
22      (2)   In section 92 before "117" insert:
23

24            116A,
25




                                                                          page 179
     Environmental Protection Amendment Bill 2020
     Part 3         Other Acts amended

     s. 116



1    116.       Mining Act 1978 amended
2       (1)     This section amends the Mining Act 1978.
3       (2)     In section 6:
4                 (a) in subsection (1a)(b) delete "section 38(5)" and insert:
5

6                       section 38(4)
7

8                (b)    in subsection (1d) after "38" insert:
9

10                      or 38A
11


12   117.       Waste Avoidance and Resource Recovery Act 2007 amended
13      (1)     This section amends the Waste Avoidance and Resource
14              Recovery Act 2007.
15      (2)     In section 74(a) delete "a licensee, or occupier" and insert:
16

17              the holder of a licence, or a person
18

19      (3)     In section 93 before "117" insert:
20

21              116A,
22


23   118.       Waste Avoidance and Resource Recovery Levy
24              Act 2007 amended
25      (1)     This section amends the Waste Avoidance and Resource
26              Recovery Levy Act 2007.
27      (2)     In section 3 delete the definition of disposal premises.




     page 180
                              Environmental Protection Amendment Bill 2020
                                        Other Acts amended          Part 3

                                                                          s. 118



1    (3)    In section 3 insert in alphabetical order:
2

3                 disposal premises means premises at which a
4                 licensable waste activity is carried out;
5                 licensable waste activity means an activity --
6                   (a) which involves receiving waste; and
7                   (b) the carrying out of which is an offence under
8                         the EP Act section 53B unless authorised by a
9                         licence;
10

11   (4)    Delete section 6 and insert:
12


13     6.         Liability to pay levy
14                The holder of a licence in respect of a licensable waste
15                activity, or in the case of a licensable waste activity in
16                respect of which a licence is not in force, a person
17                required under the EP Act to hold a licence in respect
18                of the activity, is liable to pay the amount of any levy
19                imposed in respect of waste received at the disposal
20                premises at which the activity is carried out.
21


22




 


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