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ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT (NO. 2) 2008 NO. 52


TABLE OF PROVISIONS

           Contents
           Part 1--Preliminary
   1.      Short title
   2.      Commencement
           Part 2--Amendment of Environmental Protection Act 1994
   3.      Act amended in pt 2 and sch 1
   4.      Amendment of s 15 (Environmental nuisance)
   5.      Amendment of s 17 (Serious environmental harm)
   6.      Insertion of new s 17A
           7. Amendment of s 18 (Meaning of environmentally relevant activity)
   8.      Amendment of s 19 (Environmentally relevant activity may be prescribed)
   9.      Omission of s 20 (Levels for environmentally relevant activities)
   10.     Amendment of s 57 (EIS assessment report)
   11.     Amendment of s 73AA (Development applications in relation to wild river areas)
   12.     Amendment of s 73F (Registration certificates)
   13.     Insertion of new s 73FA
           14. Amendment of s 73O (Surrendering a registration certificate)
   15.     Amendment of s 73T (Offences under s 427 do not apply in certain circumstances)
   16.     Amendment of s 77 (What is a petroleum activity, a level 1 petroleum activity and a level 2 petroleum activity)
   17.     Amendment of s 163A (Application of div 3)
   18.     Amendment of s 171 (Deciding application)
   19.     Amendment of s 173 (Administering authority may refuse application)
   20.     Amendment of s 207 (Administering authority may refuse application)
   21.     Amendment of s 214 (Declaration of compliance)
   22.     Amendment of s 215 (Substantial compliance may be accepted)
   23.     Amendment of s 228 (Grant of application on basis of draft environmental authority)
   24.     Amendment of s 240 (Requirements for application)
   25.     Amendment of s 246 (Assessment level and EIS decisions for application)
   26.     Amendment of s 247 (Ministerial decision about assessment level and EIS decisions)
   27.     Amendment of s 337 (Administering authority to consider draft programs)
   28.     Insertion of new ch 7, pts 5A to 5C
   29.     Amendment of s 364 (When financial assurance may be required)
   30.     Replacement of s 369 (Restrictions on performing waste management works)
   31.     Insertion of new s 369C
           32. Amendment of s 380 (Procedure to be followed if recipient is not owner)
   33.     Amendment of s 394 (Procedure to be followed if recipient is not owner)
   34.     Amendment of s 409 (Procedure to be followed if recipient is not owner)
   35.     Replacement of s 426 (Environmental authority required for mining or petroleum activity)
   36.     Amendment of s 427 (Only registered operators may carry out chapter 4 activities)
   37.     Omission of s 436 (Unlawful environmental harm)
   38.     Amendment of s 437 (Offences of causing serious environmental harm)
   39.     Amendment of s 438 (Offences of causing material environmental harm)
   40.     Amendment of s 440 (Offence of causing environmental nuisance)
   41.     Insertion of new ch 8, pts 3B to 3F
   42.     Omission of s 441 (Offences of contravention of environmental protection policy or regulation)
   43.     Amendment of s 452 (Entry of place—general)
   44.     Amendment of s 453 (Entry of land—search, test, sample etc. for release of contaminant)
   45.     Amendment of s 454 (Entry of land—preliminary investigation)
   46.     Amendment of s 455 (Entry of land for access)
   47.     Amendment of s 458 (Order to enter land to conduct investigation or conduct work)
   48.     Replacement of s 478 (Failure to comply with authorised person's direction in emergency)
   49.     Replacement of s 482 (Obstruction of authorised persons)
   50.     Amendment of s 486 (Authorised person to give notice of seizure or damage)
   51.     Amendment of s 487 (Compensation)
           52. Amendment of s 488 (Administering authority to reimburse costs and expenses incurred)
   53.     Replacement of s 491 (Special evidentiary provision—environmental nuisance)
   54.     Insertion of new ch 10, pt 2A
   55.     Amendment of s 505 (Restraint of contraventions of Act etc.)
   56.     Amendment of s 514 (Devolution of powers)
   57.     Amendment of s 520 (Dissatisfied person)
   58.     Amendment of s 521 (Procedure for review)
   59.     Insertion of new s 535A
           60. Amendment of s 540 (Required registers)
   61.     Amendment of s 575 (Entry orders)
   62.     Insertion of new ch 12, pt 4B
   63.     Amendment of s 580 (Regulation-making power)
   64.     Amendment of s 593 (Transitional authority taken to be non-code compliant)
   65.     Insertion of new ch 13, pt 10
   66.     Insertion of new sch 1AA
   67.     Amendment of sch 1 (Original decisions)
   68.     Amendment of sch 2 (Notifiable activities)
   69.     Amendment of sch 3 (Dictionary)
   70.     Renumbering of schedules
           Part 3--Amendment of Dangerous Goods Safety Management Act 2001
   71.     Act amended in pt 3
   72.     Amendment of s 107 (Recovery of costs of government action)
   73.     Insertion of new ss 107A and 107B
           74. Insertion of new pt 9, div 1A
   75.     Insertion of new pt 13
   76.     Amendment of sch 2 (Dictionary)
           Part 4--Amendment of Environmental Protection and Other Legislation Amendment Act 2007
   77.     Act amended in pt 4
   78.     Amendment of s 26 (Amendment of s 514 (Devolution of powers))
           Part 5--Amendment of Integrated Planning Act 1997
   79.     Act amended in pt 5
   80.     Amendment of s 1.3.5 (Definitions for terms used in development)
   81.     Amendment of s 4.1.28A (Additional and extended appeal rights for submitters for particular development applications)
   82.     Insertion of new ch 6, pt 9
   83.     Amendment of sch 8 (Assessable development and self-assessable development)
   84.     Amendment of sch 8A (Assessment manager for development applications)
   85.     Amendment of sch 9 (Development that is exempt from assessment against a planning scheme)
   86.     Amendment of sch 10 (Dictionary)
           Part 6--Amendment of Nature Conservation Act 1992
   87.     Act amended in pt 6
   88.     Amendment of s 33 (Amalgamation etc. of protected areas)
   89.     Amendment of s 36 (Authorities for new national park or national park (recovery))
   90.     Amendment of s 46 (Declaration of protected area)
   91.     Amendment of s 47 (Duration and termination of conservation agreements)
   92.     Amendment of s 48 (Variation of conservation agreements)
   93.     Amendment of s 70B (Definitions for pt 4A)
   94.     Insertion of new s 70BA
           95. Insertion of new ss 70JA and 70JB
           96. Amendment of s 70K (Designation)
           97. Amendment of schedule (Dictionary)
           Part 7--Amendments of other Acts
   98.     Other Acts amended
           SCHEDULE 1 -- MINOR AMENDMENTS OF ENVIRONMENTAL PROTECTION ACT 1994
           SCHEDULE 2 -- CONSEQUENTIAL AND MINOR AMENDMENTS OF OTHER ACTS
           
           


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