Waste Management and Pollution Control Act 1998

Note for subsection (1)

See section 65 of the Interpretation Act 1978.

(2) Without limiting the generality of subsection (1), the Regulations may:

(a) prescribe the procedures, processes and other matters required for the appropriate management of contaminants and wastes or the prevention, reduction, control, rectification or clean up of pollution or environmental harm resulting from pollution;

(b) provide for the implementation of a system to track the movement of waste, or a class of waste, from the place at which it is generated to the place at which it is disposed of;

(c) prohibit or regulate the manufacture, sale, distribution, movement, storage, possession or use of specified contaminants or articles containing or emitting specified contaminants;

(d) prohibit or regulate the generation of a specified waste or class of waste or prohibit or regulate the emission or discharge of contaminants or a specified waste into the environment;

(e) prescribe matters relating to the design, installation, operation, servicing, maintenance, repair, modification or decommissioning of an article or equipment for the purpose of appropriately managing contaminants or wastes or preventing, reducing or controlling pollution;

(f) require that specified information on the generation of waste or the emission of a contaminant or waste is to be collected by the generator or owner of the contaminant or waste and submitted to the NT EPA and made available to specified persons;

(g) require the labelling or marking of equipment, premises, instruments, devices, vehicles, packaging, contaminants, waste or an article containing a contaminant or waste and prescribe the content and form of that labelling or marking;

(h) make provision in relation to the recovery, re-cycling, storage, disposal or destruction of contaminants or wastes or articles containing contaminants or wastes, including:

(i) requiring the manufacturer or seller of an article to take specified steps to recover a contaminant or waste that the article contains;

(ii) requiring the manufacturer or seller of an article to institute specified measures to ensure or encourage the recovery of contaminants or wastes, including measures for the payment and refund of deposits on articles;

(iii) requiring the re-cycling of contaminants or wastes so recovered;

(v) authorising the NT EPA to undertake or cause to be undertaken the recovery, storage or destruction of contaminants or wastes and empowering the NT EPA, or a person authorised by it, to recover the costs of doing so from the manufacturer or seller of an article that contained the contaminant or waste so recovered; and

(vi) specifying the required means of disposal, storage or destruction of substances and standards of the design and operation of and permissible emissions by disposal equipment;

(j) prescribe penalties for offences against the Regulations, designate an offence to be an environmental offence level 3 or level 4 within the meaning of the Environmental Offences and Penalties Act 1996 or designating an offence against the Regulations to be a regulatory offence;

(m) prescribe methods for measuring the levels or characteristics of contaminants or wastes;

(n) prescribe the circumstances in which a contaminant or waste causes or results, or does not cause or result, in pollution or prescribe that a contaminant or waste is not a contaminant or waste for the purposes of this Act.

(3) The Regulations may adopt or incorporate an instrument, including guidelines, as in force at a particular time or as in force from time to time.