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ENVIRONMENT PROTECTION (MISCELLANEOUS) AMENDMENT ACT 2005 (NO 21 OF 2005)


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Amendment provisions

   PART 2--Amendment of Environment Protection Act 1993

   4.      Amendment of long title
   5.      Amendment of section 3--Interpretation
   6.      Amendment of section 5--Environmental harm
   7.      Insertion of section 5A
   8.      Amendment of section 7--Interaction with other Acts
   9.      Amendment of section 9--Territorial and extra-territorial application of Act
   10.     Amendment of section 10--Objects of Act
   11.     Substitution of heading to Part 3
   12.     Amendment of section 14A--Chief Executive
   13.     Amendment of section 14B--Board of Authority
   14.     Amendment of section 15--Terms and conditions of office
   15.     Amendment of section 16--Proceedings of Board
   16.     Amendment of section 17--Board may establish committees and subcommittees
   17.     Insertion of Part 3 Division 1A

           Division 1A--Administering agencies

   18.     Amendment of section 24--Environment Protection Fund
   19.     Amendment of section 25--General environmental duty
   20.     Amendment of section 27--Nature and contents of environment protection policies
   21.     Amendment of section 28--Normal procedure for making policies
   22.     Repeal of section 28A
   23.     Amendment of section 29--Simplified procedure for making certain policies
   24.     Amendment of section 34--Offence to contravene mandatory provisions of policy
   25.     Amendment of section 36--Requirement for licence
   26.     Amendment of section 37--Exemptions
   27.     Amendment of section 39--Notice and submissions in respect of applications for environmental authorisations
   28.     Amendment of section 43--Term and renewal of environmental authorisations
   29.     Amendment of section 45--Conditions
   30.     Amendment of section 46--Notice and submissions in respect of proposed variations of conditions
   31.     Amendment of section 47--Criteria for grant and conditions of environmental authorisations
   32.     Amendment of section 48--Annual fees and returns
   33.     Amendment of section 51--Conditions requiring financial assurance to secure compliance with Act
   34.     Amendment of section 52--Conditions requiring tests, monitoring or audits
   35.     Insertion of section 52A
   36.     Amendment of section 53--Conditions requiring preparation and publication of plan to deal with emergencies
   37.     Amendment of section 54--Conditions requiring environment improvement program
   38.     Insertion of sections 54A and 54B
   39.     Amendment of section 82--Causing environmental nuisance
   40.     Amendment of section 83--Notification where serious or material environmental harm caused or threatened
   41.     Amendment of section 85--Appointment of authorised officers
   42.     Amendment of section 86--Identification of authorised officers
   43.     Amendment of section 87--Powers of authorised officers
   44.     Amendment of section 90--Offence to hinder etc authorised officers
   45.     Amendment of section 91--Self-incrimination
   46.     Amendment of section 93--Environment protection orders
   47.     Insertion of section 93A
   48.     Amendment of section 94--Registration of environment protection orders in relation to land
   49.     Amendment of section 95--Action on non-compliance with environment protection order
   50.     Amendment of section 96--Information discovery orders
   51.     Amendment of section 97--Obtaining of information on non-compliance with order or condition of environmental authorisation
   52.     Amendment of section 98--Admissibility in evidence of information
   53.     Amendment of section 99--Clean-up orders
   54.     Amendment of section 101--Registration of clean-up orders or clean-up authorisations in relation to land
   55.     Amendment of section 103--Recovery of costs and expenses incurred by the Authority
   56.     Substitution of heading to Part 11
   57.     Amendment of section 104--Civil remedies
   58.     Insertion of section 104A
   59.     Amendment of section 105--Emergency authorisations
   60.     Amendment of section 106--Appeals to Court
   61.     Amendment of section 108--Powers of Court on determination of appeals
   62.     Amendment of section 109--Public register
   63.     Amendment of section 111--Annual reports by Authority
   64.     Amendment of section 112--State of environment reports
   65.     Amendment of section 116--Waiver or refund of fees and levies and payment by instalments
   66.     Amendment of section 118--Service
   67.     Amendment of section 119--False or misleading information
   68.     Substitution of sections 120 and 120A
   69.     Amendment of section 122--Immunity from personal liability
   70.     Amendment of section 124--General defence
   71.     Substitution of section 125
   72.     Amendment of section 126--Proof of intention etc
   73.     Amendment of section 127--Imputation of conduct or state of mind of officer, employee etc
   74.     Amendment of section 128--Statement of officer evidence against body corporate
   75.     Substitution of sections 129 and 130
   76.     Amendment of section 133--Orders in respect of contraventions
   77.     Substitution of section 135
   78.     Amendment of section 136--Assessment of reasonable costs and expenses
   79.     Insertion of section 137A
   80.     Amendment of section 138--Enforcement of charge on land
   81.     Amendment of section 139--Evidentiary provisions
   82.     Amendment of section 140--Regulations
   83.     Amendment of Schedule 1--Prescribed activities of environmental significance
   84.     Repeal of Schedule 2
           SCHEDULE 1--Transitional provisions


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