Environment Protection Act 1997

This Act is the Environment Protection Act 1997.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘land sublease—see the Planning Act 2023, dictionary.’ means that the term ‘land sublease’ is defined in that dictionary and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

 s 92 (Fuel sales––provision of information)

 s 92A (Confidential commercial information must not be disclosed)

 s 136K (Contravention of enforceable undertakings)

 sch 2, s 2.4 (Sale or installation of solid fuel-burning equipment without certification or plate).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Certain provisions of the Criminal Code, ch 2 (the applied provisions) apply to all offences against this Act. The applied provisions include geographical application provisions (see Code, s 10).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The objects of this Act are to—

protect and enhance the quality of the environment; and

prevent environmental degradation and risk of harm to human health by promoting the following:

pollution prevention;

clean production technology;

reuse and recycling of materials;

waste minimisation programs; and

require people engaging in polluting activities to make progressive environmental improvements; and

achieve effective integration of environmental, economic, social and cultural considerations in decision-making processes; and

facilitate the implementation of national environment protection measures under national scheme laws; and

provide for the monitoring and reporting of environmental quality on a regular basis; and

ensure that contaminated land is managed having regard to human health and the environment; and

coordinate activities needed to protect, restore or improve the ACT environment; and

establish a process for investigating and, where appropriate, remediating land areas where contamination is causing or is likely to cause a significant risk—

of harm to human health; or

of material environmental harm or serious environmental harm.

In this section:

national scheme law means—

the National Environment Protection Council Act 1994 (Cwlth); and

the National Environment Protection Council Act 1994.

A person administering this Act must have regard to the following principles where relevant:

the principle of a shared responsibility for the environment, including through—

acknowledging environmental needs in economic and social decision-making; and

public education about and public involvement in decisions about protection, restoration and enhancement of the environment;

the precautionary principle;

the inter-generational equity principle;

the waste minimisation principle;

the polluter pays principle;

the principle of ecologically sustainable development.

In this section:

ecologically sustainable development means the effective integration of economic and environmental considerations in decision-making processes, achievable through implementation of the following:

the precautionary principle;

the inter-generational equity principle;

conservation of biological diversity and ecological integrity;

improved valuation and pricing of environmental resources.

inter-generational equity principle means that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.

polluter pays principle means that polluters should bear the appropriate share of the costs that arise from their activities.

precautionary principle means that, if there is a threat of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.

waste minimisation principle means controlling the generation, storage, collection, transportation, treatment and disposal of waste to reduce, minimise and, where practical, eliminate harm to the environment.

In this Act:

contaminated, in relation to land, means the presence in, on or under the land, or a building or structure on the land, of a substance at a concentration above the concentration at which the substance is normally present in, on or under land, or a building or structure on land, in the same locality, if the presence causes, or is likely to cause either or both of the following:

a risk of harm to human health;

a risk of environmental harm.

For subsection (1), land may be contaminated even if it became contaminated partly or entirely by the migration of contaminants into, onto or under the land from other land.

However, land is not contaminated only because in any surface water standing or running on the land a substance is present in a concentration above the concentration at which the substance is normally present in, on or under land, or a building or structure on land, in the same locality.

For this Act, a thing mentioned in the dictionary, definition of pollutant, paragraphs (a) to (e) is taken to cause environmental harm if—

the measure of the pollutant entering the environment exceeds the prescribed measure; or

the pollutant entering the environment is a prescribed pollutant.

This Act does not apply to the exercise or purported exercise by a relevant person of a function under the Emergencies Act 2004 for the purpose of—

protecting life or property; or

controlling, extinguishing or preventing the spread of a fire.

In this section:

emergency controller—see the Emergencies Act 2004, dictionary.

relevant person means—

an emergency controller; or

a member of the ambulance service; or

a member of the fire and rescue service; or

a member of the rural fire service; or

a member of the SES; or

any other person under the control of—

an emergency controller; or

the chief officer (ambulance service); or

the chief officer (fire and rescue service); or

the chief officer (rural fire service); or

the chief officer (SES); or

a police officer.

This Act must be construed and administered in a way that is consistent with an environment law or a health law unless the contrary intention appears from this Act or that law.

This Act must be taken to be consistent with an environment law or a health law to the extent that it is capable of operating concurrently with that law.

In this section:

environment law means a territory law that has as 1 of its objects or purposes the protection of the environment.

health law means a territory law that has as 1 of its objects or purposes the protection of public health.

This Act does not apply in relation to noise made by or a pollutant emitted into the air by—

a light rail vehicle or other train; or

a Commonwealth jurisdiction aircraft within the meaning of the Air Services Act 1995 (Cwlth); or

a person using only the person’s body; or

an animal; or

a motor vehicle being driven on a road, unless the motor vehicle—

is being driven on the road for the purpose of conducting reliability trials or speed tests; and

has been exempted under the road transport legislation from the provisions of that legislation about attaching silencers to the exhaust pipes of motor vehicles, rules of the road and speed limits during the trials or tests.

This Act does not apply to environmental harm that results, or is alleged to result solely from the appearance or siting, or both, of a structure (other than a structure naturally occurring).

In this section:

light rail vehicle—see the Road Transport (General) Act 1999, dictionary.

road—see the Road Transport (General) Act 1999, dictionary.

road transport legislation—see the Road Transport (General) Act 1999, section 6.

Except as expressly provided by this Act, nothing in this Act must be taken to affect any civil right or remedy available to a person in relation to conduct to which this Act applies.

Compliance with this Act is not, of itself, evidence that a common law duty of care has been satisfied.