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This Act may be cited as the Environment Protection Act
2019.
This Act commences on the day fixed by the Administrator by Gazette notice.
The objects of this Act are:
to protect the environment of the Territory; and
(b) to promote ecologically sustainable development so that the wellbeing of the people of the Territory is maintained or improved without adverse impact on the environment of the Territory; and
(c) to recognise the role of environmental impact assessment and environmental approval in promoting the protection and management of the environment of the Territory; and
(ca) to recognise the role of environmental licensing of mining activities in promoting the protection and management of the environment of the Territory; and
(d) to provide for broad community involvement during the process of environmental impact assessment, environmental approval and environmental (mining) licensing; and
(e) to recognise the role that Aboriginal people have as stewards of their country as conferred under their traditions and recognised in law, and the importance of participation by Aboriginal people and communities in environmental decision-making processes.
Action includes any of the following:
a project;
a development;
an undertaking;
an activity or series of activities;
works;
(f) a material alteration of any of the things mentioned in paragraphs (a) to (e).
(2) A decision by a government authority authorising another person to take an action is not an action.
(3) A grant of funding by a government authority for an action is not an action.
Environment means all aspects of the surroundings of humans including physical, biological, economic, cultural and social aspects.
(1) Environmental harm means direct or indirect alteration of the environment to its detriment or degradation, of any degree or duration, whether temporary or permanent.
(2) The regulations may specify alterations to which the definition of environmental harm applies.
(3) Without limiting subsection (1) or (2), environmental harm may be caused by pollution whether the harm:
is a direct or indirect result of the pollution; or
(b) results from the pollution alone or from the combined effects of the pollution and other factors.
Material environmental harm means environmental harm that:
is not trivial or negligible in nature; and
is less serious than significant environmental harm.
Significant environmental harm means environmental harm that:
is of major consequence having regard to:
the context and intensity of the harm; and
(ii) the sensitivity, value and quality of the environment harmed and the duration, magnitude and geographic extent of the harm; or
(b) would, or is likely to, cost more to remediate than the monetary amount prescribed by regulation.
An impact of an action is:
(a) an event or circumstance that is a direct consequence of the action; or
(b) an event or circumstance that is an indirect consequence of the action and the action is a substantial cause of that event or circumstance.
An impact may be a cumulative impact and may occur over time.
A significant impact of an action is an impact of major consequence having regard to:
the context and intensity of the impact; and
(b) the sensitivity, value and quality of the environment impacted on and the duration, magnitude and geographic extent of the impact.
A significant variation of an action or strategic proposal is a variation that:
will alter the action, or the action or actions under the strategic proposal, to the extent that a referral trigger that did not previously apply to the action or actions now applies; or
has the potential to have a significant impact on the environment; or
will result in new or additional areas being subject to a potential significant impact on the environment.
Strategic proposal means any of the following:
a policy;
a program;
a plan;
a methodology.