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This Act may be cited as the Waste Management and Pollution
Control Act 1998.
The provisions of this Act come into operation on the date or respective dates fixed by the Administrator by notice in the Gazette.
This Act binds the Crown not only in right of the Territory but, so far as the legislative power of the Legislative Assembly permits, in all its other capacities.
The objectives of this Act are:
(a) to protect, and where practicable to restore and enhance the quality of, the Territory environment by:
preventing pollution;
reducing the likelihood of pollution occurring;
effectively responding to pollution;
avoiding and reducing the generation of waste;
increasing the re-use and re-cycling of waste; and
effectively managing waste disposal;
to encourage ecologically sustainable development; and
(c) to facilitate the implementation of national environment protection measures made under the National Environment Protection Council (Northern Territory) Act 1994.
(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.
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.
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.
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.
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.
Except where expressly provided for, nothing in this Act is to be taken to affect a civil right or remedy available to a person in respect of conduct, or a failure or refusal to engage in conduct, to which this Act applies.
Compliance with this Act is not of itself evidence that a common law duty of care has been satisfied.
The Minister may, in writing, delegate to an Agency, body or person any of his, her or its powers and functions under this Act, other than this power of delegation.
A delegation under subsection (1) may be made to a named person or a person holding, acting in or performing the duties of an office, designation or position at a particular time or from time to time.
A power or function delegated under this section, when exercised or performed by the delegate, is, for the purposes of this Act, deemed to have been exercised or performed by the Minister.
A delegation under this section does not prevent the exercise of a power or the performance of a function by the Minister.
(1) The NT EPA must cause to be maintained a register of the following information:
the information specified in Schedule 1;
(b) information required or permitted to be placed on the register by or under this Act;
information that the NT EPA thinks fit to place on the register.
(2) The register is to be kept in the form, which may include an electronic form, the NT EPA thinks fit.
(3) The NT EPA may, by notice in the Gazette, amend, omit or insert an item in Schedule 1.
(4) A member of the public may, on payment of the prescribed fee, if any, view the register at any time during the normal office hours of the NT EPA.
(1) A person may apply, in the approved form, to the NT EPA to have information:
(a) otherwise required to be maintained on the register – withheld from the register; or
(b) that may otherwise be provided to a person under section 115 – withheld from distribution to such a person,
on the ground that it is commercially confidential information.
(2) The NT EPA may, if satisfied that the information to which an application relates is commercially confidential:
withhold the information from the register; or
withhold the information from distribution under that section.
Notwithstanding subsection (2), the NT EPA may:
place information on the register; or
distribute information to a person under section 115,
if the information is in a form that retains its commercial confidentiality.
(4) The onus of establishing to the satisfaction of the NT EPA that information to which an application relates is commercially confidential rests on the applicant under subsection (1).
(1) The Minister or the NT EPA may, by notice in the Gazette, establish such committees as the Minister or the NT EPA thinks fit:
(a) to provide information to the Minister or the NT EPA or conduct research; or
for another purpose,
as specified in the notice.
The membership of a committee is as specified in the notice.
(3) The practices and procedures of a committee are as specified in the notice or, where they are not specified, are as determined by the committee.
A person who:
(a) conducts an activity that causes or is likely to cause pollution resulting in environmental harm or that generates or is likely to generate waste; or
(b) performs an action that causes or is likely to cause pollution resulting in environmental harm or that generates or is likely to generate waste,
must take all measures that are reasonable and practicable to:
prevent or minimise the pollution or environmental harm; and
reduce the amount of the waste.
(2) Without limiting the generality of subsection (1), in determining which measures are reasonable and practicable for the purposes of subsection (1), a person is to have regard to:
(a) the nature of the environmental harm and the sensitivity of the environment into which a contaminant or waste is placed or may be placed;
(b) current technical information reasonably available to the person in relation to the activity and the likelihood that a measure proposed in the information would minimise the pollution, environmental harm or waste that the activity or action may cause; and
(c) the financial implications of implementing or carrying out the measures.
(3) A failure to comply with subsection (1) does not of itself constitute an offence, but where a person has failed to comply with the subsection a pollution abatement notice may be issued to him or her.
The Minister may, by notice in the Gazette, approve a code of practice, as in force at a particular time or as in force from time to time, that specifies ways in which the general environmental duty specified in section 12 may be complied with in relation to an activity, action, contaminant or waste.
Where a person, in relation to an activity, action, contaminant or waste, takes all measures specified in accordance with a code of practice approved under subsection (1) in relation to the activity, action, contaminant or waste, the person is to be taken to have complied with the general environmental duty specified under section
12 in relation to the activity, action, contaminant or waste.
The notice under subsection (1) is to specify where copies of the approved code of practice may be viewed.
The NT EPA must ensure that copies of an approved code of practice are available for viewing at the place specified in the notice under subsection (1).