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s 6

Application

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Part 1Preliminary

6 Application

(1) Subject to this section, this Act applies in addition to, and does not limit the application of, any other Act in force before or after the commencement of this Act.

(2)

This Act does not apply in relation to a contaminant or waste:

(a) that results from, directly or indirectly, the carrying out of a petroleum exploration activity, or petroleum extraction activity, by a person on land on which the activity is authorised by or under the Petroleum Act 1984, the Petroleum (Submerged Lands) Act 1981 or an Act of the Commonwealth; and

(b) that is confined within the land on which the activity is being carried out.

(2A) This Act does not apply in relation to a contaminant or waste that results from, directly or indirectly, the carrying out of a mining activity which is authorised under an environmental (mining) licence under the Environment Protection Act 2019.

(3)

This Act does not apply in relation to a contaminant or waste:

(a) released from a pipeline during the conduct of an activity authorised under the Petroleum Act 1984, the Petroleum (Submerged Lands) Act 1981 or an Act of the Commonwealth; and

(b) confined within land that is not more than 1 kilometre from the centre of the pipeline.

(4)

This Act does not apply in relation to a contaminant or waste:

(a) released from a pipeline during the conduct of an activity authorised under the Energy Pipelines Act 1981; and

(b) confined within land that is not more than 1 kilometre from the centre of the pipeline.

(5) Where a waste or contaminant referred to in subsection (2), (3) or (4) is not confined within the land referred to in subsection (2)(b), (3)(b) or (4)(b) respectively, this Act applies in relation to all of the contaminant or waste notwithstanding that some of it is on that land and the remainder is on other land.

(6) Notwithstanding subsections (2), (3) and (4), an environment protection objective submitted to the Administrator as a draft environment protection objective under section 22 applies, to the extent that it would have applied, in relation to contaminants and wastes that:

(a) result from the carrying out of mining activities or petroleum exploration or extraction activities; or

(b) are released from a pipeline during the conduct of an activity authorised under the Energy Pipelines Act 1981, the Petroleum Act 1984, the Petroleum (Submerged Lands) Act 1981 or an Act of the Commonwealth.

(7) Subsections (2), (3) and (4) do not apply in relation to a substance that is prescribed to be an ozone-depleting substance.

(8) Notwithstanding subsection (1), this Act does not apply to a circumstance if the Marine Pollution Act 1999 applies to the circumstance.

(9)

In this section:

mining activity, see section 13A of the Environment Protection Act 2019.

petroleum has the meaning it has in the Petroleum Act 1984.

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