Healthy Environment, Healthy Community, Healthy Business

Environment Protection Authority

Protection of the Environment Legislation Amendment Act 2014

The Protection of the Environment Legislation Amendment Act 2014 will commence on 1 January 2015 and amends the following Acts:

Contaminated Land Management Act 1997

  1. to enable the EPA to require a person to whom a management order is directed to provide a financial assurance to secure or guarantee funding for or towards the carrying out of an action required under the order
  2. to increase the maximum penalties for certain offences
  3. to enable certain court orders to be made against a convicted offender in connection with the offence including a monetary benefits order, publication order, notification order, financial assurance, enforceable undertakings and to require an offender to carry out a restorative justice activity
  4. to enable the regulations under the Contaminated Land Management Act to prescribe different amounts of penalties for repeat offenders
  5. to provide for the liability of offenders for continuing offences and the continuing effect of notices, order and conditions.

Protection of the Environment Operations Act 1997

  1. to enable clean-up notices to be given to owners of premises as well as occupiers
  2. to clarify the obligations of occupiers of premises from which point source emissions or non-point source emissions occur in connection with the prevention or minimisation of such emissions
  3. to enable court orders to require offenders to undertake restorative justice activities
  4. to enable the EPA to require persons who transport waste to ensure that approved GPS tracking devices are installed, used and maintained on motor vehicles used to transport waste
  5. to remove the requirement to provide a notice of intent to suspend or revoke a licence and provide that an appeal against a decision to suspend or revoke a licence does not operate to stay the decision
  6. to provide that material harm pollution incidents involving only odour are required to be notified to the EPA in the same manner as other environmental incidents.

Radiation Control Act 1990

  1. to enable certain court orders to be made against a convicted offender in connection with the offence including a monetary benefits order, publication order, notification order, financial assurance, enforceable undertakings, attend training and to require an offender to carry out a restorative justice activity
  2. to enable the regulations under the Radiation Control (RC) Act to prescribe different amounts of penalties for repeat offenders
  3. to enable persons to apply for orders from the Supreme Court to remedy or restrain a breach of the RC Act or the regulations under the RC Act.

The Protection of the Environment Legislation Amendment Act 2014 also:

  1. amends the Protection of the Environment Administration Act 1991 to provide for certain fees and charges under legislation administered by the EPA to be paid into the Environment Protection Authority Fund
  2. makes consequential amendments to the Land and Environment Court Act 1979 and Protection of the Environment Operations (General) Regulation 2009.

 

 

 

 

 

Page last updated: 17 December 2014