Environmental Protection and Management Act 1999
Table of Contents
Long Title
Part 1 PRELIMINARY
1 Short title
2 Interpretation
Part 2 ADMINISTRATION
3 Appointment of Director-General and authorised officers
4 Public servants
5 Protection from personal liability
Part 3 USE OF SCHEDULED PREMISES
6 Written permission for use of scheduled premises
7 Power of Director-General to attach conditions to written permission
8 Permit for certain works on scheduled premises
9 Change of owner or occupier
Part 4 AIR POLLUTION CONTROL
10 Occupier to maintain and operate air pollution control equipment
11 Prohibition of dark smoke from chimney
12 Control of air impurities
13 Power of Director-General to require work on any premises
14 Power to prohibit use of combustible materials, fuel burning equipment or industrial plants in designated areas
Part 5 WATER POLLUTION CONTROL
15 Written permission for discharge of trade effluent, oil, chemical, sewage or other polluting matters
16 Plant for treatment of trade effluent
17 Penalties for discharging toxic substances or hazardous substances into inland waters
18 Power of Director-General to require the removal and cleaning up of toxic substance or trade effluent, oil, chemical, sewage, hazardous substance or other polluting matters
19 Power of Director-General to require measures to be taken to prevent water pollution due to storage or transportation of toxic substances or any other polluting matters
Part 6 LAND POLLUTION CONTROL
20 Pollution of land
Part 7 HAZARDOUS SUBSTANCES CONTROL
21 Application of this Part to hazardous substances
22 General prohibition with respect to importation, manufacture and sale of hazardous substances
23 Prohibitions and regulations with respect to importation, manufacture and sale of hazardous substances
24 Storage, use and dealing of hazardous substances
25 Power of Director-General to require removal of hazardous substances from premises
26 Power to require owner or occupier of hazardous installations to carry out impact analysis studies
27 Penalty for offences involving hazardous substances
Part 8 NOISE CONTROL
28 Control of noise from construction of building and other works
28A Surveillance system
29 Control of noise from work place
30 Director-General to have regard to certain provisions
Part 9 LICENCES
31 Single licence
32 General provisions on licences
Part 9A POLLUTION CONTROL REQUIREMENTS FOR CONTROLLED WORKS
33 Interpretation of this Part
33A Purpose of this Part
33B No controlled works without clearance certificate
33C Controlled works exempt from section 33B
33D Application for clearance certificate
33E Preliminary certification of building designs
33F Additional requirements for new ventures under Energy Conservation Act 2012
33G New clearance certificate required for amended plans of controlled works
33H Offence to deviate from plans certified in clearance certificate
33I Compliance certificate required upon completion of controlled works
33J Temporary compliance certificate
33K Consequences of providing false or misleading information, etc.
33L Appeals under this Part
33M Designation of persons to hear appeals
33N Use of electronic service for making applications, etc.
34 Registration, appointment and duties of registered inspectors
Part 10 ENVIRONMENTAL POLLUTION CONTROL MEASURES
35 Principal contractor to prevent pollution from construction site
36 Study on pollution control
37 Self-monitoring and submission of results
38 Regulations for mandatory insurance
39 Power to prohibit work and processes in certain circumstances
40 Advisory and technical committees
Part 10A GREENHOUSE GAS CONTROL
Division 1 — Preliminary
40A Interpretation of this Part
Division 2 — Measures relating to GHG goods
Subdivision 1 Restrictions on supplies of regulated goods
40B Regulated goods
40C Restriction on importers and manufacturers
40D Restrictions on supplies and imports of regulated goods
Subdivision 2 Registration of suppliers and regulated goods
40E Registration of suppliers and regulated goods
40F Duration and renewal of registration
40G Withdrawal or revocation of registration
40H Register of registered suppliers and regulated goods
40I Maintenance of records
Subdivision 3 Appeals
40J Appeal against decisions made under sections 40E, 40F, 40G and 40U
Division 3 — Measures relating to regulated GHG works
Subdivision 1 Restrictions relating to regulated GHG works
40K Regulated GHG works
40L Restrictions relating to regulated GHG works
Subdivision 2 Registration of GHG entities
40M Registration of GHG entities
40N Withdrawal or revocation of registration
40O Register of registered GHG entities
Subdivision 3 Obligations of registered GHG entities and competent persons
40P Obligations of registered GHG entity
40Q Obligations of competent person
Subdivision 4 Appeals
40R Appeal against decisions made under sections 40M and 40N
Division 4 — Surveys, etc.
40S Environment impact surveys and investigations
Division 5 — Enforcement of this Part
40T Monitoring powers for purposes of this Part
40U Power to give directions
40V Power to require samples
40W Power to require tests or examinations
40X Data not to be falsified, etc.
40Y Power of Director-General to waive requirements
Part 11 ENFORCEMENT
41 Default in compliance with notice or order
42 Appeal against notice or order
43 Power to demand names and addresses
44 Powers of Director-General to examine and secure attendance
44A Power to obtain information
45 Powers of arrest
46 Director-General may act in cases of emergency
47 Power of entry
48 Power to enter on land adjacent to works
49 Penalty for obstructing Director-General in his or her duty
50 Powers of search and seizure
50A Power to examine motor vehicles
Part 12 COMPENSATION, DAMAGES, FEES, COSTS AND EXPENSES
51 Compensation, damages, fees, costs and expenses to be determined by Magistrate’s Court or District Court
51A Fees, etc., payable to Agency
52 Occupier may execute work where owner defaults in execution of work
53 Recovery of costs and expenses payable by owners
54 Recovery of costs and expenses by instalments
55 Proceedings for recovery of arrears
56 Attachment
57 Application of proceeds of sale
58 Title acquired by purchaser at sale by Director-General
59 Costs of proceedings for recovery of arrears
60 Power to stop sale
61 Application to Court
62 Security for payment of arrears
63 Liability of transferor who has not given notice
64 Proceedings where occupier opposes execution of work
Part 13 MISCELLANEOUS PROVISIONS
65 Notices, orders and other documents may be given by authorised officer
66 Service of documents, etc.
67 General penalties
68 Furnishing of deposits
69 Inaccuracies in document
69A Evidence
70 Evidence of analyst
71 Offences by bodies corporate, etc.
72 Composition of offences
73 Jurisdiction of court
74 Saving of prosecutions under other laws
75 Exemption
76 Amendment of Schedules
77 Regulations
78 Transitional provisions
Legislative History
Abbreviations
Comparative Table