Environment Protection Act 2019

In this Act:

Aboriginal and Torres Strait Islander corporation means a corporation registered under the CATSI Act.

Aboriginal land, see section 3(1) of the Aboriginal

Land Rights (Northern Territory) Act 1976 (Cth).

access authority, see section 8 of the Mineral

Titles Act.

acting in an official capacity, in relation to a person, means the person is exercising powers or performing functions under, or otherwise related to the administration of, this Act.

action, see section 5.

action closure certificate means an action closure certificate issued under section 213.

activity site means:

a site on which an action is carried out; or

a mining site on which a regulated mining activity is carried out.

administered Aboriginal and Torres Strait Islander corporation

means an Aboriginal and Torres Strait Islander corporation:

for which a special administrator has been appointed under

Part 11-2 of the CATSI Act; or

for which a receiver or another controller of its property has been appointed under Part 5.2 of the Corporations

Act 2001 (Cth) as applied by Part 11-3 of the CATSI Act; or

for which an administrator has been appointed under Part 5.3A of the Corporations Act 2001 (Cth) as applied by Part 11-4 of the CATSI Act; or

that is being wound up under Chapter 5 of the Corporations

Act 2001 (Cth) as applied by Part 11-5 of the

CATSI Act.

administrative amendment means an amendment:

correcting a clerical error; or

correcting an error arising from an omission, a material mistake in a calculation or in the description of any person, thing or matter; or

removing duplicate or conflicting material; or

clarifying any matter.

analyst, see section 292A.

approval holder means:

the person to whom an environmental approval has been issued or transferred; or

for an action to which an approval notice applies – the person who is taken to be the approval holder of the environmental approval for the action; or

a liquidator or administrator appointed for a person mentioned in paragraph (a) or (b).

approval notice means an approval notice issued under section 102.

approved form means a form approved under section 292.

assessment report means an assessment report referred to in section 64 or 299.

associated activity, see section 13A(2).

associated entity:

in relation to a body corporate (other than an Aboriginal and

Torres Strait Islander corporation) – see section 50AAA of the

Corporations Act 2001 (Cth); and

in relation to an Aboriginal and Torres Strait Islander corporation – see section 50AAA of the Corporations

Act 2001 (Cth) as if that section applied to the corporation.

Atomic Energy Act means the Atomic Energy Act 1953 (Cth).

call-in notice, see section 53(1), (2) or (3).

care and maintenance period means a period when any of the following mining activities permitted by an environmental

licence for a mining site are not being carried out on that site:

exploration for minerals or extractive minerals;

mining of minerals or extractive minerals;

extraction of extractive minerals;

processing of minerals, extractive minerals, tailings, spoil heaps or waste dumps;

operations and works in connection with exploration or mining generally;

the construction, maintenance and use of infrastructure authorised by an access authority.

CATSI Act means the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth).

CEO means the Chief Executive Officer.

Chapter 5 body corporate, see section 9 of the

Corporations Act 2001 (Cth).

Chief Health Officer means the Chief Health Officer appointed under section 67 of the Public and Environmental Health

Act 2011.

civil order means an order under section 248.

civil penalty order means an order under section

248(1)(a).

closure certificate means an action closure certificate or a mining closure certificate.

commercial fossicking, see section 8 of the Mineral

Titles Act.

Commonwealth Minister means the Commonwealth Minister for the time being administering the Atomic Energy Act.

compliance notice means:

an environment protection notice issued under section 176(1) or (2); or

a prescribed direction.

contaminant, see section 4(1) of the Waste

Management and Pollution Control Act 1998.

contractor:

for Part 9, Division 2, Subdivision 2 – see section 192B(1)(b);

or

otherwise – means, in relation to an activity site, a person who, under a contract, performs work or supplies a service on that site.

cooperative agreement means an agreement mentioned in section 45.

court means the Supreme Court.

decision-maker means:

the Minister; or

the CEO; or

the NT EPA.

ecologically sustainable development means development that improves the total quality of human life, both now and in the future, in a way that:

maintains the ecological processes on which all life depends; and

recognises the need for development to be equitable between current and future generations.

ecosystem-based management means management that recognises all interactions in an ecosystem, including ecological and human interactions.

enforceable undertaking means an enforceable undertaking under section 215.

enforcement order means an enforcement order under section 216.

engineered feature means a feature of land that is engineered for a purpose related to a mining activity.

Examples for definition engineered feature include the following:

1 waste rock dumps;

2 dam walls;

3 pits;

4 portals;

5 shafts;

6 tailings storage facilities.

environment, see section 6.

environment protection bond means an environment protection bond mentioned in Part 7, Division 1.

environment protection fund means an environment protection fund established under section 136.

environment protection levy means an environment protection levy established under section 133.

environment protection

management system means an environment protection management system established, implemented and maintained under section 124ZZZI.

environment protection notice means:

an environment protection notice issued under section 176(1) or

; or

an emergency environment protection notice issued under section

182 or 183.

environmental approval means:

an environmental approval granted under Part 5; or

for an action to which an approval notice applies – the environmental approval granted under Part 5 that identifies the action.

environmental audit, see section 141.

environmental decision-making hierarchy means the hierarchy mentioned in section 26.

environmental harm, see section 7.

environmental impact assessment means a standard assessment or strategic assessment carried out in accordance with the regulations but does not include the process for:

receiving or considering a referral of a proposed action or strategic proposal; or

receiving or considering a notification or referral of a significant variation.

environmental impact assessment process means a process under Part 4 including a process for any of the following:

referral, and consideration of a referral, of a proposed action or strategic proposal;

notification or referral, and consideration of a notice or referral, of a significant variation;

environmental impact assessment of a proposed action, strategic proposal or significant variation.

environmental (mining) licence means a licence granted under Part 5A, Division 4, Subdivision 3 or

Subdivision 7 or section 313 to carry out a mining activity and if that licence is amended under this Act, that licence as amended.

environmental (mining) licence process means a process for the granting of an environmental (mining) licence under Part 5A, Division 4, Subdivision 3 that requires public notice to be given of the application for the licence.

environmental objective means an environmental objective declared under section 28.

environmental officer means:

a person who is appointed or authorised as an environmental officer under section 159(1); or

a police officer; or

for Part 9, Division 2A – in relation to a prescribed

Act, an inspector or other person appointed or authorised to enforce the prescribed Act.

environmental offset means a measure designed to compensate for the residual impact of an action on the environment.

executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in the management of the body corporate.

exploration means an activity that is carried out under any of the following under the Mineral Titles Act:

a mineral exploration licence;

a mineral exploration licence in retention;

an extractive mineral exploration licence;

a mineral lease for small scale mining to the extent to which it authorises exploration for minerals or extractive minerals;

a general lease to the extent to which it authorises exploration for minerals or extractive minerals;

a mineral authority to the extent that it authorises exploration for minerals or extractive minerals;

a non-compliant existing interest to the extent that it authorises exploration for minerals or extractive minerals.

extractive mineral, see section 10 of the Mineral

Titles Act.

extractive operation means an activity that is carried out under any of the following under the Mineral Titles Act:

an extractive mineral lease;

an extractive mineral permit;

a mineral authority to the extent that it authorises the extraction of minerals or extractive minerals;

a mineral lease for small scale mining to the extent to which it authorises the extraction of minerals or extractive minerals;

a general lease to the extent to which it authorises the extraction of minerals or extractive minerals;

a non-compliant existing interest to the extent that it authorises the extraction of extractive minerals.

fossicking means an activity carried out under any of the following under the Mineral Titles Act:

a mineral lease for tourist fossicking;

a mineral lease for fossicking;

a mineral lease to the extent that it authorises tourist fossicking;

a mineral lease to the extent that it authorises commercial fossicking;

an extractive mineral lease to the extent that it authorises tourist fossicking;

a non-compliant existing interest to the extent that it authorises tourist fossicking or commercial fossicking.

g

overnment authority means an Agency or a statutory authority.

greenhouse gas means any of the following, whether as a gas or a liquid or as a mixture of both:

carbon dioxide;

methane;

nitrous oxide;

sulphur hexafluoride;

hydrofluorocarbons;

perfluorocarbons;

a substance prescribed by regulation to be a greenhouse gas.

high risk entity means a person, body or entity who or which is, or was, the holder of a prescribed approval or a prescribed environmental duty and who or which:

is a Chapter 5 body corporate; or

is an administered Aboriginal and Torres Strait Islander corporation; or

is an associated entity of a body mentioned in paragraph (a) or (b); or

is bankrupt, has applied to take the benefit of a law for the relief of bankrupt or insolvent debtors or has compounded with creditors or made an assignment of remuneration for their benefit; or

has failed to comply with the requirements of a compliance notice; or

has failed to comply with the requirements of the prescribed approval or the prescribed environmental duty.

holding entity, for Part 9, Division 2A, see section 192L.

impact, see section 10.

infrastructure includes buildings, workshops, workers camps, processing facilities, storage tanks, fences, roads, pipelines, conveyors and wharfs.

land includes:

the airspace above land; and

land that is, or is at any time, covered by waters; and

waters.

land register means the register kept by the

Registrar-General under the Land Title Act 2000.

legacy mine feature, see section 5 of the

Legacy Mines Remediation Act.

legacy mine site, see section 4 of the

Legacy Mines Remediation Act.

Legacy Mines Remediation Act means the Legacy Mines

Remediation Act 2023.

material environmental harm, see section 8.

mineral, see section 9 of the Mineral Titles Act.

mineral interest means one of the following:

a mineral title;

a non-compliant existing interest;

a Part III authority;

the special mineral lease granted under the Mining (Gove

Peninsula Nabalco Agreement) Act 1968;

a mineral lease or exploration licence validated or granted under the McArthur River Project Agreement Ratification Act 1992.

mineral title, see section 11(1) of the

Mineral Titles Act.

mineral title holder means a title holder as defined in section 8 of the Mineral Titles Act.

Mineral Titles Act means the Mineral Titles

Act 2010.

mining activity, see section 13A.

mining closure certificate means a mining closure certificate issued under section 214D.

mining levy means the mining remediation levy mentioned in section 12 of the Legacy Mines Remediation Act.

Mining Minister means the Minister administering the

Mineral Titles Act.

mining operation means an activity that is carried out under any of the following:

a mineral authority under the Mineral Titles Act to the extent that it authorises the mining of minerals;

a mineral lease under the Mineral Titles Act;

a mineral lease for small scale mining to the extent to which it authorises the mining of minerals;

a general lease to the extent to which it authorises the mining of minerals;

a non-compliant existing interest to the extent that it authorises the mining of minerals;

a Part III authority.

mining operator, for a mining site, means:

a mining operator for the mining site appointed by the title holder under section 124D; or

if the title holder is a mining operator for the mining site under section 124D – the title holder.

mining security means mining security mentioned in

Part 7, Division 1A.

mining site means an area of land:

in respect of which a person holds a mineral interest and on which a mining activity mentioned in section 13A(1) has been, is being or will be carried out; or

in respect of which a person holds an access authority; or

on which an associated activity is being or will be carried out;

or

that is declared by the Minister, by Gazette notice, to be a mining site for this Act.

misleading information means information that is misleading in a material particular or because of the omission of a material particular.

modified condition licence means a modified condition licence granted under section 124ZG(1)(a)(ii) or 124ZZU(2) or

313(2) and if that licence is amended under this Act, that licence as amended.

monitor:

for Part 5C – means a person engaged by an approval holder or mining operator under section 124ZZZO(2) to monitor the carrying out of works; or

for Part 9, Division 2, Subdivision 2 – see section 192B(2)(a).

monitoring and management notice means a monitoring and management notice issued under Part 9, Division 4.

NT EPA, see section 3 of the Northern Territory

Environment Protection Authority Act 2012.

non-compliant existing interest, see section 204(1) of the Mineral Titles Act.

notifiable incident, for Part 9, Division 8 see section 224.

obstruct includes hinder and resist.

occupier, in relation to land, means:

a person occupying the land (under any title or permission, or without title or permission); or

a person entitled to occupy the land whether or not the person is actually occupying the land.

operator:

for Part 9, Division 2 – see section 224; or

otherwise – means, in relation to an activity site:

the approval holder for a regulated action that is carried out on that site; or

for a mining site – the mining operator.

Part III authority, see section 5(1) of the Atomic

Energy Act.

performance improvement program means a performance improvement program under Part 5A, Division 4,

Subdivision 4.

petroleum activity means an activity for which any of the following is required:

an exploration permit under the Petroleum Act 1984;

a retention licence under the Petroleum Act 1984;

a production licence under the Petroleum Act 1984;

a permit or lease mentioned in section 119(1) of the

Petroleum Act 1984.

plant includes machinery, pressure vessels, equipment, appliances, implements, scaffolding and tools, any component of the plant and anything fitted or connected to the plant.

pollution, see section 4(1) of the Waste

Management and Pollution Control Act 1998.

premises includes:

equipment, plant and structures, whether stationary or portable, and the land on which the premises are situated; and

a vehicle or other conveyance.

prescribed Act, for Part 9, Division 2A, see section 192L.

prescribed approval, for Part 9, Division 2A, see section 192L.

prescribed direction, for Part 9, Division 2A, see section 192L.

prescribed environmental duty, for Part 9, Division 2A, see section 192L.

prescribed substance, see section 5(1) of the

Atomic Energy Act.

principles of ecologically sustainable development, see

Part 2, Division 1.

prohibited action means an action declared under section 38 to be a prohibited action.

proponent means a person proposing to carry out, or carrying out, an action.

protected environmental area means an area declared under section 35 or 36 to be a protected environmental area.

public register, see section 284.

publish means make publicly available in the Territory.

qualified person means:

a registered environmental auditor; or

a registered environmental practitioner; or

a person or class of persons, who have the qualifications and experience determined by the CEO for the purpose of this definition.

Ranger Project Area, see section 5(1) of the

Atomic Energy Act.

recordable incident, for Part 9, Division 8, see section 224.

referral trigger means:

an activity-based referral trigger referred to in section 29(2) and declared under section 30(1)(a); or

a location-based referral trigger referred to in section 29(3) and declared under section 30(1)(b).

registered environmental auditor means a person registered under Part 8, Division 3.

registered environmental practitioner means a person registered under Part 8, Division 4.

regulated action means an action, including an action under a strategic proposal, that requires environmental approval.

regulated mining activity means a mining activity that requires an environmental (mining) licence.

related person, of a high risk entity, see section 192M.

relevant commencement, for Part 9, Division 2A, see section 192L.

relevant decision-maker, for Part 9, Division

2A, see section 192L.

reserved legacy mine site means a reserved legacy mine site declared under section 14 of the Legacy Mines Remediation

Act.

residential premises, in relation to premises that are used for both residential and non-residential purposes, means that

part of the building or structure that is used only for residential purposes and does not include any land surrounding the building or structure.

sacred site, see section 3(1) of the Aboriginal Land

Rights (Northern Territory) Act 1976 (Cth).

significant environmental harm, see section 9.

significant impact, see section 11.

significant variation, see section 12.

specified environmental offence means an offence against this Act for which the penalty is expressed as:

environmental offence level 1; or

environmental offence level 2; or

environmental offence level 3; or

environmental offence level 4.

specified person, for Part 9, Division 6, see section 214F.

standard assessment, see section 48.

standard condition licence means a standard condition licence granted under section 124ZG(1)(a)(i) or 313(1).

statement of unacceptable impact, see section 66.

statutory authorisation, in relation to an action, means an approval, consent, authority, permit or other authorisation relating to that action that is provided for under an Act.

statutory authority means a body established under an

Act for a public purpose.

statutory decision-maker, in relation to an action, means a person or a government authority authorised under an Act to make a decision in relation to that action.

stop work notice means a stop work notice issued under section 194.

strategic assessment, see section 49.

strategic proposal, see section 13.

tailored condition licence means a tailored condition licence granted under section 124ZG(1)(a)(iii), 124ZZU(2) or

313(3) and if that licence is amended under this Act, that licence as amended.

title holder:

in relation to a mining site mentioned in the definition, mining site, paragraph (a):

for a mineral title or non-compliant existing interest – see section 8 of the Mineral Titles Act; or

for a mineral interest that is a Part III authority – means a person on whom the authority is conferred or to whom an interest in the authority is assigned under the Atomic Energy Act; or

for the special mineral lease granted under the Mining (Gove

Peninsula Nabalco Agreement) Act 1968 – means the

Company, as defined in that Act; or

for a mineral lease or exploration licence validated or granted under the McArthur River Project Agreement Ratification Act 1992

– means the Company, as defined in that Act; or

for any other mining site – means the owner of the site.

tourist fossicking, see section 8 of the Mineral Titles

Act.

vehicle or other conveyance means any of the following:

a motor vehicle;

a trailer or caravan;

an aircraft;

a boat or other vessel;

a train or rolling stock on or for use on a railway.

waste, see section 4(1) of the Waste Management and Pollution Control Act 1998.

waste management hierarchy means the hierarchy mentioned in section 27.

waters includes:

surface water, groundwater and tidal waters; and

coastal waters of the Territory, within the meaning of the

Coastal Waters (Northern Territory Powers) Act 1980 (Cth); and

water containing an impurity.

worker means an individual on an activity site who, under a contract or agreement of any kind (whether express or implied, oral or in writing, or under a law of the Territory or not), performs work or supplies a service on the site and includes:

an employee of an operator for the site; and

a contractor or employee of a contractor.

Note for section 4

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

Division 2 Important concepts