Environment Protection Act 1997

The Executive may make regulations for this Act.

A regulation may make provision in relation to the sampling and analysis of pollutants.

A regulation may also prescribe offences for contraventions of a regulation and prescribe maximum penalties of not more than 20 penalty units for offences against a regulation.

A regulation may make provision in relation to the distribution, purchase, sale, dispensation or use of petroleum products, including regulating or prohibiting certain conduct.

A regulation may make provision in relation to the lighting, use or maintenance of a fire in the open air (other than a fire to which schedule 1, section 1.2, item 28 relates), including regulating or prohibiting certain conduct.

A regulation may make provision in relation to—

the manufacture, purchase, sale, storage, supply, transport, use, disposal, discharge or emission of, or other dealing with, a specified pollutant, article or other thing; or

the servicing of equipment containing a specified pollutant, article or other thing; or

the servicing of equipment used in relation to the manufacture, purchase, sale, storage, supply, transport, use, disposal, discharge or emission of, or other dealing with, a specified pollutant, article or other thing;

including regulating or prohibiting certain conduct.

A regulation may make provision in relation to ambient environmental standards.

A regulation may make provision in relation to preventing or limiting pollution on development sites, including regulating or prohibiting certain conduct.

A regulation may amend schedule 1—

by—

amending activities mentioned in the schedule, or

adding activities to, or deleting activities from, the schedule; and

by making any other amendments of that schedule arising from, connected with or consequential on an amendment under paragraph (a).

Schedule 1 Activities requiring environmental authorisation

(see s 42)

1.1 Definitions for sch 1

In this schedule:

airgun means a firearm, other than a paintball marker, that—

can propel, or is designed to propel, a projectile by means of—

any gas or mixture of gases, including air but not including a gas or mixture of gases generated by an explosive; or

a spring; and

is operated or designed for operation by means of a trigger or similar device.

aquifer means a geological formation or structure, or an artificial landfill, permeated or capable of being permeated (whether permanently or intermittently) with water.

authorised concert venue means a concert venue where the holder of an environmental authorisation for the conduct of outdoor concert activities is authorised to conduct such an activity.

authorised motor racing venue means a motor racing venue where the holder of an environmental authorisation for the conduct of motor racing events is authorised to conduct such an activity.

blank fire firearm—see the Firearms Act 1996, dictionary.

bore means a bore, hole, well, excavation or other opening in the ground or an underground cavity (whether occurring naturally or having been artificially constructed or modified)—

that is used, or is capable of being used, to intercept or collect ground water; or

from which ground water is, or is capable of being, obtained or used; or

that is used, or is capable of being used, for the disposal of water or waste below the surface of the ground; or

that extends into an aquifer.

clinical waste—see the Clinical Waste Act 1990, dictionary.

concert means a public performance of music the primary purpose of which is to entertain.

concert venue means a place or location where a concert is being, or is proposed to be, conducted.

environmental standards means the ACT’s Environmental Standards: Assessment and Classification of Liquid and Non-liquid Wastes published by Environment ACT, as in force for the time being.

firearm—

means a gun, or other weapon, that is, or at any time was, capable of propelling a projectile by means of an explosive force, however caused; and

includes an airgun; but

does not include—

a blank fire firearm; or

a paintball marker.

ground water means water occurring or obtained from below the surface of the ground, including water occurring in or obtained from a bore or an aquifer, but not including water occurring in or obtained from any other system for the distribution, reticulation, transportation, storage or treatment of water or waste.

hazardous component, of electronic waste, means any component of the electronic waste that has chemical, physical or biological properties with the potential to cause harm to a person, property or the environment.

live animal weight, for animals, means the weight of the animals calculated on the basis that—

for birds—555 layer chickens, 1 100 broiler chickens, 310 ducks, 165 geese, 110 turkeys or 17 emus represent 1t; or

for a stock feedlot—2 cattle, 13 goats, 2 horses or 22 sheep represent 1t; or

for a stock saleyard—2 cattle, 13 goats, 2 horses, 22 sheep, 5 deer, 17 emus, 13 kangaroos, 5 breeding sows, 17 porker pigs or 11 baconer pigs represent 1t.

logging includes the cutting and removal of pulpwood.

mobile plant, for the processing of agricultural crops, means plant operated on a temporary basis at a place for not more than 6 months in a year.

motor racing event means—

a motor vehicle race or practice for a motor vehicle race; or

a motor vehicle reliability trial or speed test, including a trial or test for which the vehicles have 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 trial or test.

paintball marker means a device that shoots capsules of paint, or a similar substance, for the game of paintball.

Note The Macquarie Dictionary, 4th ed, defines paintball as a game in which players participate in mock military skirmishes using guns which fire capsules of paint instead of bullets.

pest—see the Biosecurity Act 2023, section 11.

receiving waters means ground water or water in a waterway.

regulated waste—see section 1.1A.

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

stock—see the Stock Act 2005, dictionary.

stormwater means water run-off from an urban area that is normally collected by the stormwater system.

stormwater system means a system of pipes, gutters, drains, floodways and channels, being public works constructed to collect or transport stormwater in or through an urban area.

waste means any solid, liquid or gas, or any combination of them, that is a surplus product or unwanted by-product of an activity, whether the product or by-product is of value or not.

wastewater means water that is the by-product of an activity if the water—

contains other matter (whether in a solid, liquid or gaseous state); or

if added to receiving waters—has the potential to pollute those waters.

water includes water that contains impurities.

waterway means—

a river, creek, stream or other natural channel in which water flows (whether permanently or intermittently); or

a channel formed (whether in whole or part) by altering or relocating a waterway described in paragraph (a), and includes the stormwater system; or

a lake, pond, lagoon or marsh (whether formed by geomorphic processes or by works) in which water collects (whether continuously or intermittently);

and includes the bed that the water in the waterway normally flows over or is covered by and the banks that the water in the waterway normally flows between or is contained by, but does not include land normally not part of the waterway that may be covered from time to time by floodwaters from the waterway.

year means any 12 month period.

1.1A Meaning of regulated waste

In this schedule:

regulated waste means waste that is, or contains, 1 or more of the following kinds of waste:

hazardous waste;

group A waste;

group B waste;

group C waste;

industrial waste.

An expression used in subsection (1) and defined in the environmental standards has the same meaning as in the standards.

1.2 Class A activities

For section 42, the following activities are class A activities:

Table 1.2 column 1 item column 2 activity

1 the extraction of more than 100m³ of material (other than water) from a waterway

2 the operation of equipment designed to extract more than 30 000t per year of material (other than ground water) from land outside a waterway

3 the operation of an incineration facility for the destruction of waste by thermal oxidation (including biological, veterinary, medical, dental, quarantine and municipal wastes)

4 the sterilisation of clinical waste

5 the conduct of a crematorium for the reduction by means of thermal oxidation of human bodies to cremated remains

6 the operation of a commercial landfill facility that receives, or is intended by the operator to receive, more than 5 000t of waste per year

7 the acceptance of more than 100m³ of soil for placement on land by a lessee (or for land under a land sublease, the sublessee) or occupier of the land if the land is in—

an area identified in the territory plan as land in any of the following zones:

Broadacre; Rural; Hills, Ridges and Buffer; River Corridor; Mountains and Bushland; or

an area identified in the territory plan as an area where plantation forestry is permitted subject to development assessment; or

an area identified in the national capital plan as any of the following:

Broadacre Areas; Rural Areas; Hills, Ridges and Buffer Spaces; River Corridors; Mountains and Bushland

8 transport activities to which the National Environment Protection (Movement of Controlled Waste between States and Territories) Measure dated 26 June 1998, as in force from time to time, made under the National Environment Protection Council Act 1994, applies

9 the transportation, from 1 place in the ACT to another place in the ACT, for fee or reward of—

200kg or more of regulated waste, other than waste consisting only of stabilised asbestos waste in bonded matrix; or

2t or more of used, rejected or unwanted tyres (including shredded tyres and tyre pieces)

10 sewage treatment if the activity involves the discharge of treated or untreated sewage or septic tank effluent to land or water and having a peak loading capacity designed for more than 100 people per day, other than an activity involving the recycling of wastewater if there is no discharge to receiving waters

11 the treatment (other than by incineration), storage or handling of more than 1 000m³ of contaminated soil from land outside the parcel of land where the contaminated soil is treated, stored or handled

12 the treatment (other than by incineration), storage or handling of more than 10 000m³ of contaminated soil from land

13 the operation of a facility at which more than 800 animals per day may be milked

14 the operation of a facility designed to process more than 30 000kL of milk or milk products per year

15 the operation of a facility designed to process more than 30 000t of agricultural crops per year, other than—

the processing of grapes or grape products, milk or milk products or forestry products; or

the processing of agricultural crops by a mobile plant on a farm

16 commercial aquaculture, being the propagation or rearing of fish or other aquatic organisms in the course of which supplementary feeding is used

17 the operation of a stock feedlot—

for the rearing or fattening of stock fed entirely or largely on prepared or manufactured feed; and

that is designed to accommodate at any one time more than 200t live animal weight of stock in a confinement area;

other than a feedlot operated for drought or similar emergency relief or for the holding of stock at an abattoir or saleyard

18 the keeping of poultry, game birds or emus if the premises where the birds are kept is designed to accommodate at any one time more than 180t live animal weight of birds

19 the operation of commercial stock saleyards (including associated transport loading facilities) that sells or exchanges, or is intended by the operator to sell or exchange, more than 10 000t live animal weight of animals per year

20 the operation of an abattoir or another facility for the processing of the products of slaughtered animals (other than for the tanning of animal skins or fellmongery) designed to process more than 3 000kg of live animals per day

21 the commercial cleaning or carbonising of wool at a facility designed to process more than 200t of wool per year

22 the processing of animal skins or other animal products (including fellmongery) to produce leather or other similar products

23 outdoor concert activities using amplifying equipment if the venue has the capacity to hold more than 2 000 people and is not an authorised concert venue

24 the management of a concert venue that has the capacity to hold more than 2 000 people where outdoor concert activities using amplifying equipment are held

25 the generation of electricity by a generator classified as a scheduled generating unit under the national electricity rules, clause 2.2.2, under the National Electricity (ACT) Law

26 motor racing events, other than motor racing events held at an authorised racing venue

27 the management of a motor racing venue where motor racing events are held

28 lighting, using or maintaining a fire in the open air, or causing or permitting a fire to be lit, used or maintained in the open air, for the purpose of burning plant matter—

to reduce a fire hazard; or

to clear the land; or

to conserve biological diversity or ecological integrity

Note The Emergencies Act 2004 contains an offence about lighting etc fire during a total fire ban (see that Act, s 116). That Act may also require the owner of land to obtain oral approval or a permit before lighting etc a fire on the land (see that Act, s 123 and s 126A).

29 the commercial use of chemical products registered under the Agricultural and Veterinary Chemicals Code as in force for the time being under the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth) for pest control or turf management

30 the storage of petroleum products in a facility designed to store more than 50m³ of products

31 the production of petroleum products (other than the recovery, processing or disposal of petroleum product waste) at a facility designed to produce more than 100t of petroleum products per year

32 the operation of a facility that recovers, processes or disposes, or is intended by the operator to recover, process or dispose, of more than 20t of waste petroleum products per year

33 the operation of an aerodrome for helicopters (other than a facility used only for the emergency medical evacuation, retrieval or rescue of people by helicopter) if—

the aerodrome is operated for more than 2 weeks; and

the number of take-offs and landings by helicopters is, or is intended by the operator to be, more than 30 per week; and

the aerodrome is located less than 1km from a dwelling not associated with the aerodrome

34 the conduct of a logging operation that logs, or is intended by the operator to log, more than 5 000t of timber per year

35 the commercial production of alcoholic beverages or distilled alcohol at a facility designed to produce more than—

30 kL of alcoholic beverages or distilled alcohol per day; or

10 000kL of alcoholic beverages or distilled alcohol per year

36 the conduct of an operation that applies to land, or is intended by the operator to apply to land, more than 500t per year of organic products produced by the treatment of sewerage for the improvement of soil

37 the operation of a facility that composts, or is intended by the operator to compost, more than 200t of animal waste, or 5 000t of plant waste, per year

38 timber chipping, pulping or milling at a facility (other than at a joinery or retail timber yard) designed to process or produce more than 30 000m³ of timber or wood products per year

39 the manufacture of things in furnaces or kilns (including bricks, glass, pipes, pottery goods and tiles) at a facility designed to produce 10 000t or more of things per year

40 the preservation of wood for commercial purposes using chemicals (including copper, chromium, arsenic and creosote) at a facility designed to process 10 000m³ or more of wood per year

41 the production of concrete or concrete products at a facility designed to produce more than 7 000m³ of concrete per year

42 the production of road building materials by the mixing of ground rock aggregate and bituminous materials at a production facility that—

is, or is intended to be, located at the one site for more than 1 year; and

is designed to produce more than 30 000t of road building materials per year

43 the operation of a facility for the crushing, grinding or separating of materials (including sand, gravel, rock, minerals, slag, road base, concrete, bricks, tiles, asphaltic material, metal or timber) into different sizes, if the processing facility is designed to produce more than 10 000t of processed materials per year

44 the operation of a firearm shooting range

Note A person commits an offence if the person operates a shooting range other than an approved shooting range. Also, a person commits an offence if the person operates an approved shooting range and is not licensed to operate the shooting range (see Firearms Act 1996, s 224).

45 the operation of a waste transfer station receiving 30 000t or more of waste each year

46 the operation of a commercial facility for the treatment of the hazardous components of electronic waste

1.3 Class B activities

For section 42, the following activities are class B activities:

Table 1.3 column 1 item column 2 activity

1 the manufacture of things in furnaces or kilns (including bricks, glass, pipes, pottery goods and tiles) at a facility designed to produce between 100t and 10 000t of things per year

2 the preservation of wood for commercial purposes using chemicals (including copper, chromium, arsenic and creosote) at a facility designed to process less than 10 000m³ of wood per year

3 forestry activities, being the growing, harvesting and management of forestry products

4 major land development or construction activities, being—

land development, or the construction of a commercial building, on a site of 0.3ha or more and including the construction of associated public infrastructure; or

the construction of public infrastructure on a site of 0.3ha or more;

but not including the installation of pipes or lines for linear utilities such as gas, water, electricity and telephone

5 management of municipal services maintenance on unleased land, being the maintenance of—

urban parkland or other municipal landscapes; or

public places, public roads or public footpaths; or

the stormwater system

6 wastewater recycling that discharges recycled water onto land or into a waterway if the recycling involves—

the treatment for the purpose of reuse of wastewater (including effluent) in a treatment plant that has a capacity of greater than 3ML per year; or

the reuse of more than 3ML per year

7 the commercial collection of waste from commercial premises

8 the operation of a commercial facility for the storage and dismantling of electronic waste

Schedule 2 Specific offences (see s 145)

Part 2.1 Preliminary

2.1 Definitions for sch 2

In this schedule:

AS/NZS 4012 means AS/NZS 4012 (Domestic solid fuel burning appliances—Method for determination of power output and efficiency) as in force from time to time.

Note AS/NZS 4012 may be purchased at www.standards.org.au.

AS/NZS 4013 means AS/NZS 4013 (Domestic solid fuel burning appliances—Method for determination of flue gas emission), as in force from time to time.

Note AS/NZS 4013 may be purchased at www.standards.org.au.

fuel-burning equipment means a furnace, boiler, fireplace, oven, retort, incinerator, internal-combustion engine, chimney or any other apparatus, device, mechanism or structure, in the operation of which combustible material is, or is intended to be, used or that is, or is intended to be, used in relation to the burning of combustible material.

residential premises means premises that are used exclusively or primarily for residential purposes.

sell includes exhibit or offer for sale (whether by wholesale or retail) and supply by way of exchange, lease, hire or credit sale.

solid fuel-burning equipment means fuel-burning equipment that is designed to burn hard wood, soft wood or briquettes and to which AS/NZS 4012 or AS/NZS 4013 apply.

Part 2.2 Offences relating to articles that emit noise

2.2 Sale of articles that emit excessive noise

A person must not sell a prescribed article that, when in operation, emits noise that exceeds the prescribed level.

Maximum penalty: 100 penalty units.

Part 2.3 Offences relating to fuel-burning equipment

2.3 Emission of pollutants in excess of prescribed concentrations

A person must not use, or cause or permit to be used, on any premises, a fuel that contains more than the prescribed proportion of a prescribed constituent unless the activity is authorised by an environmental authorisation.

A person who contravenes subsection (1) commits an indictable offence.

Maximum penalty: 100 penalty units.

2.4 Sale or installation of solid fuel-burning equipment without certification or plate

A person commits an offence if—

the person sells fuel-burning equipment; and

the equipment is solid fuel-burning equipment; and

the equipment is sold for use at residential premises; and

1 or more of the requirements mentioned in subsection (3) are not met in relation to the equipment.

Maximum penalty: 30 penalty units.

A person commits an offence if—

the person installs fuel-burning equipment on premises; and

the equipment is solid fuel-burning equipment; and

the premises are residential premises; and

1 or more of the requirements mentioned in subsection (3) are not met in relation to the equipment.

Maximum penalty: 30 penalty units.

For subsections (1) (d) and (2) (d), the following requirements apply in relation to solid fuel-burning equipment:

if AS/NZS 4012 applies to the equipment—

a certificate of compliance issued by a certifying entity must be in force, certifying—

that the equipment, or equipment of the same model and manufacturer, has been tested in accordance with AS/NZS 4012; and

the overall average efficiency under AS/NZS 4012 of the tested equipment; and

the certified overall average efficiency of the tested equipment must be equal to, or higher than, the minimum overall average efficiency prescribed by regulation; and

a plate marked in accordance with AS/NZS 4012 must be attached to the equipment; and

if AS/NZS 4013 applies to the equipment—

a certificate of compliance issued by a certifying entity must be in force, certifying—

that the equipment, or equipment of the same model and manufacturer, has been tested in accordance with AS/NZS 4013; and

the appliance particulate emission factor under AS/NZS 4013 for the tested equipment; and

the certified appliance particulate emission factor for the tested equipment must be equal to, or less than, the maximum appliance particulate emission factor prescribed by regulation; and

a plate marked in accordance with AS/NZS 4013 must be attached to the equipment.

Subsections (1) and (2) do not apply—

to solid fuel-burning equipment prescribed by regulation; or

if the person has a reasonable excuse.

Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).

The authority may declare an entity to be a certifying entity.

A declaration under subsection (5) is a disallowable instrument.

In this section:

certifying entity means an entity declared to be a certifying entity by the authority under subsection (5).

2.5 Interference with solid fuel-burning equipment or attached plates

A person must not alter the information on, or remove, a plate attached to solid fuel-burning equipment that contains information required to be marked on a plate in accordance with—

AS/NZS 4012, section 8; or

AS/NZS 4013, section 10.

A person must not mark on solid fuel-burning equipment that the equipment complies with 1 or both of the following standards if the equipment does not comply with the standard:

AS/NZS 4012 (other than the required overall efficiency for the equipment);

AS/NZS 4013 (other than the required appliance particulate emission factor).

A person who sells solid fuel-burning equipment for use on residential premises, or installs solid fuel-burning equipment on residential premises, must not alter in a material way—

the structure, exhaust system or inlet air system of the equipment; or

a part of the equipment that is involved in the combustion process.

Subsection (3) does not apply to the sale or installation of prescribed equipment.

A person who, without reasonable excuse, contravenes subsection (1), (2) or (3) commits an indictable offence.

Maximum penalty: 30 penalty units.

Part 2.5 Summary proceedings for indictable offences

2.14 Certain offences may be dealt with summarily

A proceeding for an offence against this schedule must be heard and decided by the Magistrates Court.

If, in accordance with subsection (1), the Magistrates Court hears and decides a proceeding for an offence, the court may not impose a fine exceeding 20 penalty units.

Schedule 3 Reviewable decisions (see pt 14)

column 1 item column 2 section column 3 decision column 4 entity

1

21 (4) refuse to exclude document or part of document from being made available to the public applicant

2

21A (4) refuse to remove entry from the register entity that entry relates to

3

43 (1) notify entity not to conduct, or continue to conduct, stated activity unless person holds environmental authorisation entity conducting or proposing to conduct stated activity

4

43 (4) refuse to revoke notice under section 43 (1) person conducting or proposing to conduct stated activity

5

49 (1) (a), (2) (a), (3) (a) or (4) (a) grant environmental authorisation (other than authorisation in relation to activity of kind mentioned in schedule 1, table 1.2, item 30) applicant for authorisation

6

49 (1) (a), (2) (a), (3) (a) or (4) (a) grant environmental authorisation (other than authorisation in relation to activity of kind mentioned in schedule 1, table 1.2, item 30) for stated period applicant for authorisation

7

49 (1) (a), (2) (a), (3) (a) or (4) (a) grant environmental authorisation (other than authorisation in relation to activity of kind mentioned in schedule 1, table 1.2, item 30) subject to stated condition applicant for authorisation

8

49 (1) (b), (2) (b), (3) (b) or (4) (b) refuse to grant environmental authorisation applicant for authorisation

9

57 (2) decide not to take any action under this Act holder of authorisation

10

58 cancel accredited environmental authorisation holder of authorisation

11

60 (1) vary environmental authorisation holder of authorisation

12

60 (1) refuse to vary environmental authorisation on application holder of authorisation

13

63 (1) suspend environmental authorisation entity that has authorisation suspended

14

63 (1) cancel environmental authorisation entity that has authorisation cancelled

15

63 (2) suspend environmental authorisation until stated condition fulfilled entity that has authorisation suspended

16

63 (2) refuse to lift suspension of environmental authorisation on ground that stated condition not fulfilled entity that has authorisation suspended

17

69 (1) require entity to prepare and submit for approval draft environmental improvement plan entity conducting or proposing to conduct activity

18

71 (1) (d) reject draft environmental improvement plan and require plan to be amended and resubmitted entity that submitted plan

19

71 (2) (b) reject draft environmental improvement plan entity that submitted plan

20

72 (3) refuse to accredit environmental improvement plan applicant for accreditation

21

75 (1) refuse to approve person to conduct particular environmental audit person refused approval or entity that commissions environmental audit

22

75 (4) remove name of auditor from list maintained by authority auditor whose name is removed from list

23

76 (1) require entity to commission environmental audit and submit report on audit entity conducting or proposing to conduct stated activity

24

76 (2) require entity to commission environmental audit of contaminated land entity conducting or proposing to conduct stated activity

25

78 (3) refuse to grant protection in relation to environmental audit report applicant for protection

26

78 (3) grant protection in relation to environmental audit report subject to stated conditions applicant for protection

27

82 (1) require entity to prepare and submit for approval draft emergency plan entity conducting or proposing to conduct stated activity

28

84 (1) (d) reject draft emergency plan and require plan to be amended and resubmitted entity required to submit plan

29

84 (2) (b) reject draft emergency plan entity required to submit plan

30

91C (1) make order to conduct assessment appropriate person

31

91D (1) make order to remediate appropriate person

32

91D (8) refuse to consent to transfer or sublet applicant for consent

33

91G (1) refuse to extend period for compliance applicant for extension

34

91G (1) extend for period less than that applied for applicant for extension

35

91K require stated person to pay reasonable costs and expenses appropriate person against whom order made

36

110 (4) decide to dispose of seized thing owner or entity that had possession/custody/control of thing immediately before it was seized or entity that has legal/equitable interest in thing

37

125 (1) serve environment protection order entity served with order

38

125 (1) serve environment protection order that impose stated requirements mentioned in s 125 (5) entity served with order

39

125 (2) or (3) serve environment protection order entity served with order

Dictionary (see s 3)

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

 ACAT

 AS (see s 164 (1))

 Commonwealth

 director‑general (see s 163)

 disallowable instrument (see s 9)

 exercise

 found guilty

 function

 indictable offence (see s 190)

 Minister (see s 162)

 national capital plan

 National Electricity (ACT) Law

 notifiable instrument (see s 10)

 penalty unit (see s 133)

 public employee

 public holiday

 public servant

 public trustee and guardian

 reviewable decision notice

 State

 territory law

 territory plan

 territory planning authority.

activity means a current or proposed activity including a process, operation, project, venture or business.

airgun, for schedule 1 (Activities requiring environmental authorisation)—see schedule 1, section 1.1.

analyst means an analyst under section 15.

appropriate person means the appropriate person under section 91I.

approved use, for division 9.5 (Assessment and remediation)—see section 91A.

aquifer, for schedule 1 (Activities requiring environmental authorisation)—see schedule 1, section 1.1.

area of high conservation value means—

an area identified in the territory plan as—

a wilderness area; or

a national park; or

a nature reserve; or

a cemetery or burial ground; or

a place, other than a structure or group of structures, registered under the Heritage Act 2004; or

the area identified in the territory plan as the river corridor zone for the Murrumbidgee River; or

any other prescribed area.

AS/NZS 4012, for schedule 2 (Specific offences)—see schedule 2, section 2.1.

AS/NZS 4013, for schedule 2 (Specific offences)—see schedule 2, section 2.1.

assessment order, for part 9 (Environmental protection)—see section 91J.

auditor, for division 9.2 (Environmental audits)—see section 73.

authorisation fee, for an environment authorisation, means the fee payable in relation to the authorisation.

authorised activity means an activity in relation to which there is an environmental authorisation.

authorised concert venue, for schedule 1 (Activities requiring environmental authorisation)—see schedule 1, section 1.1.

authorised motor racing venue, for schedule 1 (Activities requiring environmental authorisation)—see schedule 1, section 1.1.

authorised officer means an authorised officer under section 14.

authority means the Environment Protection Authority under section 11.

blank fire firearm, for schedule 1 (Activities requiring environmental authorisation)—see the Firearms Act 1996, dictionary.

bore, for schedule 1 (Activities requiring environmental authorisation)—see schedule 1, section 1.1.

clinical waste, for schedule 1 (Activities requiring environmental authorisation)—see the Clinical Waste Act 1990, dictionary.

concert, for schedule 1 (Activities requiring environmental authorisation)—see schedule 1, section 1.1.

concert venue, for schedule 1 (Activities requiring environmental authorisation)—see schedule 1, section 1.1.

conduct includes acts and omissions.

connected, for part 11 (Powers of authorised officers)—see section 95.

consultation period, for part 4 (Environment protection policies)—see section 25 (1).

contaminated, in relation to land—see section 4.

development means the following:

building, altering, repairing or demolishing a building or structure on land;

disposing of waste materials generated by altering or demolishing a building or structure on land;

carrying out earthworks or other construction work on or under land;

carrying out work that would affect the landscape of land.

draft environment protection policy, for part 4 (Environment protection policies)—see section 23B.

EIS, for part 10 (Functions of the Minister)—see environmental impact statement.

electronic equipment means equipment that requires an electric current or electromagnetic field to function.

Examples—electronic equipment televisions, fridges, computers, mobile phones, drills, remote control cars electronic waste means waste electronic equipment.

emergency plan means an emergency plan described in section 81.

enforceable undertaking, for part 14A (Enforceable undertakings)—see section 136E.

enter, for part 11 (Powers of authorised officers)—see section 95.

environment means each of the following:

the components of the earth, including soil, the atmosphere and water;

any organic or inorganic matter and any living organism;

human made or modified structures and areas;

ecosystems and their constituent parts, including people and communities;

the qualities and characteristics of places and areas that contribute to their biological diversity and ecological integrity, scientific value, and amenity;

the interactions and interdependencies within and between the things mentioned in paragraphs (a) to (e);

the social, aesthetic, cultural and economic conditions that affect, or are affected by, the things mentioned in paragraphs (a) to (e).

environmental audit, for division 9.5 (Assessment and remediation)—see section 91A.

environmental authorisation—

for this Act generally—means an environmental authorisation under part 8 (Environmental authorisations); and

for part 8—see section 41A.

environmental emergency, for division 9.3 (Emergency plans)—see section 80.

environmental harm means any impact on the environment as a result of human activity that has the effect of degrading the environment (whether temporarily or permanently).

environmental impact statement (or EIS), for part 10 (Functions of the Minister)—see the Planning Act 2023, section 94 (c).

environmental nuisance means an unreasonable interference with the enjoyment by the public, a section of the public or a person of a place or area, if the interference caused or likely to be caused by—

dust, fumes, light, noise, odour or smoke; or

an unhealthy, unsightly or otherwise offensive condition because of pollution.

environmental protection agreement means an environmental protection agreement under section 38.

environmental record means the environmental record of a person both in the ACT and elsewhere, and includes any action taken by the person for this Act.

environmental standards, for schedule 1 (Activities requiring environmental authorisation)—see schedule 1, section 1.1.

environmental undertaking, for part 14A (Enforceable undertakings)—see section 136F (2).

environment protection order means an environment protection order under section 125.

environment protection policy—

for this Act generally—means an environment protection policy under part 4 (Environment protection policies); and

for part 4—see section 23B.

Note A reference to an instrument (including a policy) includes a reference to the instrument as originally made and as amended (see Legislation Act, s 102).

financial assurance means a financial assurance under section 85.

firearm, for schedule 1 (Activities requiring environmental authorisation)—see schedule 1, section 1.1.

fuel-burning equipment, for schedule 2 (Specific offences)—see schedule 2, section 2.1.

general environmental duty means the duty of care described in section 22 (1).

ground water, for schedule 1 (Activities requiring environmental authorisation)—see schedule 1, section 1.1.

hazardous component, of electronic waste, for schedule 1 (Activities requiring environmental authorisation)—see schedule 1, section 1.1.

information discovery order means an information discovery order under section 133.

inquiry, for part 10 (Functions of the Minister)—see the Planning Act 2023, dictionary.

internally reviewable decision, for part 14 (Notification and review of decisions)—see section 135.

land includes water on or below the surface of land and the bed of such water.

land sublease—see the Planning Act 2023, dictionary.

live animal weight, for schedule 1 (Activities requiring environmental authorisation)—see schedule 1, section 1.1.

logging, for schedule 1 (Activities requiring environmental authorisation)—see schedule 1, section 1.1.

material environmental harm means environmental harm—

that is significant, including environmental harm that becomes significant—

over time; or

due to its frequent recurrence; or

due to its cumulative effect with other relevant events; or

that is to an area of high conservation value, other than harm that is trivial or negligible; or

that results in loss or damage to property to the value of more than $5 000; or

that results in necessary remedial action costing more than $5 000.

mobile plant, for schedule 1 (Activities requiring environmental authorisation)—see schedule 1, section 1.1.

motor racing event, for schedule 1 (Activities requiring environmental authorisation)—see schedule 1, section 1.1.

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

national environment protection measure, for division 9.5 (Assessment and remediation)—see section 91A.

offence, for part 11 (Powers of authorised officers)—see section 95.

paintball marker, for schedule 1 (Activities requiring environmental authorisation)—see schedule 1, section 1.1.

pest, for schedule 1 (Activities requiring environmental authorisation)—see the Biosecurity Act 2023, section 11.

pollutant means—

a gas, liquid or solid; or

dust, fumes, odour or smoke; or

an organism (whether alive or dead), including a virus and a prion; or

energy, including heat, noise or radioactivity, or light or other electromagnetic radiation; or

anything prescribed; or

a combination of 1 or more of the things described in paragraphs (a) to (e);

that, when discharged, emitted, deposited or disturbed, may cause environmental harm.

pollute includes to cause or fail to prevent the discharge, emission, depositing, disturbance or escape of a pollutant.

premises, for part 11 (Powers of authorised officers)—see section 95.

preparation requirements, for division 9.3 (Emergency plans)—see section 80.

prescribed activity means—

a class A activity listed in schedule 1, section 1.2; or

a class B activity listed in schedule 1, section 1.3; or

an activity in relation to which a person has been given a notice under section 43 (1).

receiving waters, for schedule 1 (Activities requiring environmental authorisation)—see schedule 1, section 1.1.

register means the register kept under section 21A.

regulated waste, for schedule 1 (Activities requiring environmental authorisation)—see schedule 1, section 1.1A.

remediation, in relation to contaminated land, includes—

preparing a long-term management plan (if any) for the land; and

removing, dispersing, destroying, reducing, mitigating or containing the contamination of the land; and

eliminating or reducing any hazard arising from the contamination of the land (including by preventing the entry of people or animals on the land).

remediation order, for part 9 (Environmental protection)—see section 91J.

residential premises—

for part 11 (Powers of authorised officers)—see section 95; and

for schedule 2 (Specific offences)—see schedule 2, section 2.1.

reviewable decision, for part 14 (Notification and review of decisions)—see section 135.

road transport legislation, for schedule 1 (Activities requiring environmental authorisation)—see the Road Transport (General) Act 1999, section 6.

sell, for schedule 2 (Specific offences)—see schedule 2, section 2.1.

serious environmental harm means environmental harm—

that is very significant, including environmental harm that becomes very significant—

over time; or

due to its frequent recurrence; or

due to its cumulative effect with other relevant events; or

that is to an area of high conservation value and is significant, including environmental harm that becomes significant—

over time; or

due to its frequent recurrence; or

due to its cumulative effect with other relevant events; or

that results in loss or damage to property to the value of more than $50 000; or

that results in necessary remedial action costing more than $50 000.

solid fuel-burning equipment, for schedule 2 (Specific offences)—see schedule 2, section 2.1.

stock, for schedule 1 (Activities requiring environmental authorisation)—see the Stock Act 2005, dictionary.

stormwater, for schedule 1 (Activities requiring environmental authorisation)—see schedule 1, section 1.1.

stormwater system, for schedule 1 (Activities requiring environmental authorisation)—see schedule 1, section 1.1.

substance, for division 9.5 (Assessment and remediation)—see section 91A.

waste, for schedule 1 (Activities requiring environmental authorisation)—see schedule 1, section 1.1.

waste transfer station means a facility that sorts, consolidates or temporarily stores solid waste (including municipal waste) for transfer to another site for disposal, storage, reprocessing, recycling, use or reuse.

wastewater, for schedule 1 (Activities requiring environmental authorisation)—see schedule 1, section 1.1.

water, for schedule 1 (Activities requiring environmental authorisation)—see schedule 1, section 1.1.

waterway, for schedule 1 (Activities requiring environmental authorisation)—see schedule 1, section 1.1.

working day means a day other than a Saturday, a Sunday, a public holiday or a day that is a holiday for public servants.

year, for schedule 1 (Activities requiring environmental authorisation)—see schedule 1, section 1.1.