34;marine waters" means the coastal waters of the State or any part of the sea which is within the limits of the State, and includes any estuaries or tidal waters; 1 as amended from time to time by regulation;. (a) prescribed law of the Commonwealth; and .
PROTECTION AUTHORITY Establishment of Authority
PROTECTION ADVISORY FORUM
The Consultative Forum for Environmental Protection is established. a) one will be the deputy of the person appointed to be the chairman of the Authority; and (b) the remainder will be persons appointed by the Governor. In making appointments to the forum, the governor must take into account the need for the forum to be sensitive to cultural diversity in the state's population.
PROTECTION FUND Environment Protection Fund
The authority must, when it submits the draft policy and related report to the Forum, cause an advertisement to be published in the Gazette and in a newspaper that generally circulates in the state. a) to give notice of places where the draft policy and the report, or copies of the draft policy and the report, must be available for inspection and possibly copies. be available for purchase from places where copies can be purchased; and. In any legal proceeding, evidence of the contents of an environmental protection policy or of a standard or other document referred to in an environmental protection policy may be given by production of a document certified by the Authority as a true copy of the policy, standard or other document.
VENTION OF MANDATORY PROVISIONS Oft'ence to contravene mandatory provisions of policy
For the purposes of this section, a violation of a mandatory provision of an environmental protection policy is a Category A violation, a Category B violation, or a Category C violation if the policy states that such a violation will be a violation of that category.
FOR UCENCE Requirement for licence
For the purposes of this section, a reference to a variation of conditions includes a reference to the withdrawal of a condition or the imposition of a condition or further condition after the grant of a licence. For the purposes of subsection (3), any Act, including an Act which has been repealed or an Act of a place other than this State, may by regulation be declared to be a prescribed Act. 5) An application for consent to the transfer of an environmental permit must be submitted to the administration in the manner and form determined by the administration, and the prescribed fee must be paid to it. If a person who held an environmental permit dies, the holder of that permit is the person approved by the authority (under the same conditions as applied to the deceased) from the date of death until the expiration of six months from the date of death. date or by such later date as may be fixed by the Authority.
The Authority may, under the conditions of an environmental permit. (a) require the permit holder to prepare to the satisfaction of the Authority a plan of action to be taken in the event of emergency situations which could foreseeably arise from the activity undertaken under the permit and which involve risks of material or serious environmental consequences; Han; And. b) specifying the investigations to be made prior to the preparation of the plan; And. ENVIRONMENTAL PERMITS Suspension or revocation of environmental permits. 1) The Authority may, if satisfied that-. a) the holder of an environmental permit has obtained the permit unlawfully; or b) the holder of an environmental permit has violated an imposed requirement. by or pursuant to this Act in connection with an activity undertaken under the permit; or. (e) in the case of an environmental permit of a prescribed class, the holder of the permit, or, if the holder is a body corporate, a director of the body corporate, has been guilty of misconduct (whether in this State or elsewhere) of a prescribed kind; or. d) the holder of an environmental permit has ceased to carry out the activity permitted by the permit. suspend the license or revoke the license and, if the Authority considers it appropriate, impose a disqualification under this section. 76 1059 (b) if satisfied that it is necessary for the protection or restoration of the environment. i) impose further conditions on the permit; And. (ii) approve the surrender of the authorization to the authorization holder, satisfying the Authority that the conditions have been met or that satisfactory arrangements have been made for their fulfilment.
FOR DECISIONS OF AUTHORITY IN RELATION TO DEVELOPMENT APPLICATIONS
34;water protection area' means an area which is a water protection area under Part V of the Water Resources Act 1990; 34;catchment area', in relation to receptacles of a particular class, means an area comprising part of the State, that is approved under this section as a collection area for containers of this class. 34;dealer" means a person whose business is or includes selling a beverage for the purpose of using or consuming that beverage and, in the case of such sale by means of a vending machine, includes the owner of that vending machine unless the owner has let the machine to another person, in which case the term includes that other person.
In proceedings for an offense against subsection (3), the allegation in the complaint that certain premises were not at a certain time in the collection area for which the authority has approved a collection warehouse for containers of a certain class is, in the absence of proof to the contrary, evidence of the matters so alleged. In proceedings for an offense against subsection (1), a statement in a complaint that a retailer sells beverages in a particular class of packaging is, in the absence of proof to the contrary, evidence of the matter so alleged. In a misdemeanor proceeding against this division, it is alleged in the complaint that-. a) the specified liquid was a drink; or (b) the specified container was a glass container. is, in the absence of proof to the contrary, proof of such alleged matter.
34; Commonwealth Act" means the Commonwealth Ozone Protection Act 1989, as amended from time to time. a) any substance referred to in Schedule 1 to the Commonwealth Act, other than a substance excluded by regulation under that Act; or. b) any substance prescribed by regulation under this Act;. If the court in an action for an offense against this Part of causing serious environmental he is not satisfied that the defendant is guilty of the offense charged but is convinced of , that the defendant is guilty of an offense against this Part of causing significant environmental harm, the court may find the defendant guilty of the latter offense If the offender is a natural person-Division 1 fme. a) a person is not required to notify the Authority of such incident if the person has reason to believe that the incident has already come to the attention of the Authority or any officer involved in the administration or enforcement of this Act; but (b) a person is required to notify the Authority of such occurrence notwithstanding that fact. doing so may incriminate the person or render the person punishable.
OFFICERS AND TBEIR POWERS Appointment of authorised officers
TO REQUIRE OR OBTAIN INFORMATION Information discovery orders
Obtaining information on failure to comply with an order or condition of an environmental permit. a) fails to provide information as required by – (i) a disclosure order; or ii) condition for an environmental permit; or b) if required to provide information pursuant to such an order or condition, provides information that is inaccurate or incomplete. 76 1089 (d) a person must produce a power of attorney to inspect any person. in relation to which the person intends to exercise the powers of an authorized official.
TO DEAL WITH ENVIRONMENTAL HARM Clean-up orders
The following provisions apply with respect to the constitution of the Court of Environment, Resources and Development when it exercises jurisdiction under this Act:. (a) the tribunal may be constituted in a manner provided for in the Environment, Resources and Development Court Act 1993 or may, if the president of the tribunal so directs, consist of a judge and a commissioner;. 76 (c) in connection with the administration or enforcement of this Act; or. d) for the purposes of any legal proceedings arising out of the administration or enforcement of this Act. If a person reports to the Authority an alleged breach of this Act, the Authority shall, at the person's request, notify the person as soon as possible of the action (if any) taken or proposed to be taken by the Authority in relation to the allegation.
Offenses constituted by this Act are within the criminal jurisdiction of the Environment, Resources and Development Court. The inspectorate can, with the approval of the minister, appoint a person to be an analyst within the meaning of this Act. If a person is convicted of a violation of this Act, the court shall, at the request of the Supervisory Authority, order the convicted person to pay the Supervisory Authority the reasonable costs and expenses incurred by the Supervisory Authority in connection with the taking of samples or the performance of tests, investigations or analyzes in connection with the investigation and prosecution of the offence.
This section and the other provisions of this Act relating to registration by the Registrar-General and priority of costs shall apply notwithstanding anything contained in the Real Property Act 1886. In any proceeding a certificate must be issued by a person appointed as an analyst by the Authority. for the purposes of this Act and which details an analysis carried out by or under the direction of the person and the results of the analysis, unless evidence to the contrary, constitute evidence of the matters so certified.
