ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL (CONSEQUENTIAL AMENDMENTS) ACT 1996 No. 37 of 1996
CONTENTS 1.
Short title
2.
Commencement
3.
Amendment of Acts
Schedule 1 - Acts amended
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ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL (CONSEQUENTIAL AMENDMENTS) ACT 1996 No. 37 of 1996
An Act to amend certain Acts consequential upon the enactment of the Environmental Management and Pollution Control Act 1994 [Royal Assent 16 December 1996]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: Short title
This Act may be cited as the Environmental Management and Pollution Control (Consequential Amendments) Act 1996. 1.
Commencement
2. This Act is taken to have commenced on the day on which section 105 of the Environmental Management and Pollution Control Act 1994 commenced.
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Amendment of Acts 3. The Acts specified in Schedule 1 are amended in the manner specified in that Schedule.
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SCHEDULE1-ACTSAMENDED Section 3
Approvals (Deadlines) Act 1993 (No. 41 of 1993) 1. Schedule 1 is amended by omitting the item relating to the Environment Protection Act 1973 and substituting the following item:
Environmental Management and Pollution Control Act 1994 Assessment of permissible level 1 activities referred to the Board of Environmental Management and Pollution Control under section 24(1) of the Environmental Management and Pollution Control Act 1994
180 days from the date on which the Board of Environmental Management and Pollution Control receives adequate information to satisfy the requirements of section 74(3) of the Environmental Management and Pollution Control Act 1994.
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Assessment of permissible level 2 activities
180 days from the date on which the Board of Environmental Management and Pollution Control receives adequate information to satisfy the requirements of section 74(3) of the Environmental Management and Pollution Control Act 1994.
Assessment of activities, which do not require permits under the Land Use Planning and Approvals Act 1993, referred to the Board of Environmental Management and Pollution Control under section 27 of the Environmental Management and Pollution Control Act 1994
180 days from the date on which the Board of Environmental Management and Pollution Control receives adequate information to satisfy the requirements of section 74(3) of the Environmental Management and Pollution Control Act 1994.
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Criminal Code (Schedule 1 to 14 Geo. V No. 69) 1. Section 140(2) is amended by omitting "Environment
Protection Act 1973" and substituting "Environmental Management and Pollution Control Act 1994".
Environment Protection (Sea Dumping) Act 1987 (No. 60 of 1987) 1. Section 3(1) is amended by omitting "Environment Protection Act 1973 other than a police officer or municipal officer referred to in that definition" from the definition of "inspector" and substituting "Environmental Management and Pollution Control Act 1994 other than a police officer or a council officer, within the meaning of that Act". 2. Section 15(1) is amended by omitting "section 50 of the Environment Protection Act 1973" and substituting "sections 50, 51 and 53 of the Environmental Management and Pollution Control Act 1994". 3. Section 21(6)(b) is amended by omitting "the authority in writing referred to in section 10(14) of the Environment Protection Act 1973 for inspection by that person" and substituting "written evidence that the inspector is an authorized officer under section 20 of the Environmental Management and Pollution Control Act 1994".
4. Section 21(7)(b) is amended by omitting "the authority in writing referred to in section 10(14) of the Environment Protection Act 1973 for inspection by that person" and substituting "written evidence that the inspector is an authorized officer under section 20 of the Environmental Management and Pollution Control Act 1994". 1079
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5. Section 24 is amended by omitting "sections 10(13) and (14) of the Environment Protection Act 1973" and substituting "section 92(1) of the Environmental Management and Pollution Control Act 1994". 6. Section 34(1) is amended by omitting "the prescribed qualifications referred to in section 42(1) of the Environment Protection Act 1973" and substituting "appropriate qualifications". 7. Section 34(2) is amended by omitting "section 42(1) of the Environment Protection Act 1973" and substituting "section 100(1) of the Environmental Management and Pollution Control Act 1994".
Evidence Act 1910 (1 Geo. V No. 20)
1. Part II of Schedule 4 is amended by omitting "Director of Environmental Control" and substituting "Director of Environmental Management".
Fire Service Act 1979 (No. 35 of 1979) 1. Section 52(4) is amended by omitting "Control" and substituting "Management".
2. Section 66(12) is amended by omitting "Environment Protection Act 1973" and substituting flEnvironmental Management and Pollution Control Act 1994".
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Forest Practices Act 1985 (No. 48 of 1985)
1. Section 4A(1) is amended by omitting paragraph (a) and substituting the following paragraph:
(a)
the Secretary of the responsible Department in relation to the Environmental Management and Pollution Control Act 1994; and
2. Section 37A(2)(b) is amended by omitting "Environment Protection Act 1973" and substituting "Environmental Management and Pollution Control Act 1994".
Forestry Act 1920 (11 Geo. V No. 60) 1. Section 12(1) is amended as follows: (a)
by omitting "Control" "Management";
(b)
by omitting "pollution or substantial alteration of the environment" and substituting "environmental harm"ยท,
(c)
by omitting from paragraph (a) "such pollution or alteration" and substituting "environmental harm".
and
substituting
2. Section 12 is further amended by omitting subsection (2) and substituting the following subsection:
(2) In subsection (1), "environmental harm" has the same meaning as in the Environmental Management and Pollution Control Act 1994. 1081
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3. Section 12(3) is amended by omitting "Control" and substituting "Management".
4. Section 12(4) is amended by omitting "Control" and substituting "Management". 5. Section 36A(3) is amended by omitting paragraph (a) and substituting the following paragraph:
(a)
the Environmental Management and Pollution Control Act 1994; or
Groundwater Act 1985 (No. 84 of 1985) 1. Section 7(3)(d) is amended by omitting "Environment Protection Act 1973" and substituting "Environmental Management and Pollution Control Act 1994". 2. Section 8(3) is amended by omitting "Director of Environmental Control under the Environment Protection Act 1973, the Director shall first consult with the Director of Environmental Control" and substituting "Director of Environmental Management or the Board of Environmental Management and Pollution Control under the Environmental Management and Pollution Control Act 1994, the Director must first consult the Director of Environmental Management or the Board, as the case may require,". 3. Section 8(4) is amended by omitting "or the Director of Environmental Gontrol" and substituting", the Director of Environmental Management or the Board of Environmental Management and Pollution Control". 4. Section 16(2) is amended by omitting "Control" and substituting "Management". 1082
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5. Section 26(2) is amended by omitting "Control" and substituting "Management".
Litter Act 1973 (No. 13 of 1973) 1. Section3(1)(a) is amended by omitting "within the meaning of the Environment Protection Act 1973" and substituting ", and council officers, within the meaning of the Environmental Management and Pollution Control Act 1994". 2. Section 9(2)(b)(iii) is amended by omitting "the pollution of the environment within the meaning of the Environment Protection Act 1973" and substituting "environmental harm within the meaning of the
Environmental Management and Pollution Control Act 1994".
Pesticides Act 1968 (No. 86 of 1968) 1. Section 3(2)(e) is amended by omitting "Environment Protection Act 1973" and substituting "Environmental
Management and Pollution Control Act 1994".
Pollution of Waters by Oil and Noxious Substances Act 1987 (No. 95 of 1987) 1. Section 3(1) is amended by omitting "Control pursuant to section 5(1) of the Environment Protection Act 1973"
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from the definition of "Director" and substituting "Management pursuant to section 18(1) of the Environmental Management and Pollution Control Act 1994". 2. Section 30(2) is amended by omitting "42 of the Environment Protection Act 1973 and persons authorized under that section to perform the duties and exercise the powers of analysts" and substituting "100 of the Environmental Management and Pollution Control Act 1994".
Sewers and Drains Act 1954 (No. 67 of 1954) 1. Section 67A is amended by omitting subsection (5) and substituting the following subsections:
The methods of treatment applied to effluents from a factory for the purposes of subsection (3) are to be methods which do not conflict with the requirements of(5)
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(a)
any conditions attached to a permit issued in accordance with the Land Use Planning and Approvals Act 1993 that relate to the methods of treatment of effluents from that factory; or
(b)
an environment protection notice issued in accordance with section 44 of the Environmental Management and Pollution Control Act 1994 that relates to the methods of treatment of effluents from that factory.
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(5A) Notwithstanding subsection (5), if there is a conflict between the methods of treatment applied to effluents from a factory for the purposes of subsection (3) and the requirements of conditions attached to a permit issued in accordance with the Land Use Planning and Approvals Act 1993 or an environment protection notice issued in accordance with section 44 of the Environmental Management and Pollution Control Act 1994, the requirements of the permit conditions or the environment protection notice prevail.
State Policies and Projects Act 1998 (No. 65 of 1993) 1. Section 31(1)(d) is amended by omitting "Control" and substituting "Management". 2. Section 31(2) is amended by omitting "Control" and substituting "Management".
3. Clause 1 of Schedule 2 is amended by omitting "Control" and substituting "Management". 4. Clause 8(2)(c) of Schedule 2 is amended by omitting "Control" and substituting "Management".
Water Act 1957 (No. 39 of 1957) 1. Section 96(4) is amended by omitting "Environment Protection Act 1973" and substituting "Environmental Management and Pollution Control Act 1994". 1085
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2. Section 108(3) is amended by omitting "Environment Protection Act 1973" and substituting "Environmental Management and Pollution Control Act 1994". 3. Section 111(5) is amended by omitting "river or part of a river to which the resolution relates shall cease to be a river for the purposes of the Environment Protection Act 1973" and substituting "discharge of substances referred to in subsection (1) is taken not to cause environmental harm within the meaning of the Environmental Management and Pollution Control Act 1994". 4. Section 112(2) is amended by omitting "Environment Protection Act 1973 in respect of pollution" and substituting "Environmental Management and Pollution Control Act 1994 in respect of environmental harm, within the meaning of that Act,". 5. Section 114(1) is amended by omitting "Environment Protection Act 1973" and substituting "Environmentdl Management and Pollution Control Act 1994". 6. Section 114(3) is amended by omitting "Environment Protection Act 1973" and substituting "Environmental Management and Pollution Control Act 1994". 7. Section 114B(1) is amended by omitting "Control" and substituting "Management". 8. Section 114B(2)(a) IS amended by omitting "Environment Protection Act 1973" and substituting "Environmental Management and Pollution Control Act 1994".
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[Second reading presentation speech made in:House of Assembly on 22 October 1996 Legislative Council on 5 November 1996J
