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TASMANIA
__________
ENVIRONMENTAL MANAGEMENT AND
POLLUTION CONTROL AMENDMENT
(ENVIRONMENT PROTECTION AUTHORITY)
BILL 2007
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Sections 12 and 13 substituted
12. Establishment of Environment Protection Authority
13. Board of Environment Protection Authority
13A. Membership of Board
6. Section 14 amended (Functions and powers of Board)
7. Section 15 substituted
15. Ministerial statement of expectation
15A. Contents of ministerial statement of expectation
15B. Statement of intent
15C. Conduct to be consistent with ministerial statement
of expectation and statement of intent
8. Section 18 substituted
18. Director, Environment Protection Authority
9. Section 20 amended (Authorized officers)
10. Section 21A inserted
21A. Annual report
[Bill 77]-XI
11. Section 96A amended (Environment Protection Policy Review
Panel)
12. Section 96D amended (Contents of environment protection
policy)
13. Section 96G amended (Notice of proposal to prepare draft
environment protection policy)
14. Section 96I amended (Notice of draft environment protection
policy)
15. Section 96N amended (Review of environment protection
policy)
16. Section 96O repealed
17. Section 107A inserted
107A. Transitional and savings provisions consequent on
Environmental Management and Pollution Control
Amendment (Environment Protection Authority) Act
2007
18. Schedule 3 amended (Provisions with respect to Membership of
the Board)
19. Schedule 7 inserted
Schedule 7 - Transitional and Savings Provisions Consequent
on Environmental Management and Pollution
Control Amendment (Environment Protection
Authority) Act 2007
2
ENVIRONMENTAL MANAGEMENT AND
POLLUTION CONTROL AMENDMENT
(ENVIRONMENT PROTECTION AUTHORITY)
BILL 2007
(Brought in by the Minister for Tourism, Arts and the
Environment, the Honourable Paula Catherine Wriedt)
A BILL FOR
An Act to amend the Environmental Management and
Pollution Control Act 1994
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:
1. Short title
This Act may be cited as the Environmental
Management and Pollution Control Amendment
(Environment Protection Authority) Act 2007.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 77] 3
Environmental Management and Pollution Control Amendment
(Environment Protection Authority) Act 2007
Act No. of
s. 3
3. Principal Act
In this Act, the Environmental Management and
Pollution Control Act 1994* is referred to as the
Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of "article":
"Authority" means the Environment
Protection Authority established
under section 12;
(b) by omitting the definition of "Board" and
substituting the following definition:
"Board" means the Board of the
Environment Protection
Authority established under
section 13;
(c) by omitting the definition of "Director"
and substituting the following definition:
"Director" means the Director,
Environment Protection
Authority appointed under
section 18;
*No. 44 of 1994
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Environmental Management and Pollution Control Amendment
(Environment Protection Authority) Act 2007
Act No. of
s. 5
5. Sections 12 and 13 substituted
Sections 12 and 13 of the Principal Act are
repealed and the following sections are
substituted:
12. Establishment of Environment Protection
Authority
(1) The Environment Protection Authority is
established.
(2) The Authority consists of the Board of
the Environment Protection Authority
and the Director.
(3) The Authority is part of the State's
resource management and planning
system, the objectives of which are set
out in Schedule 1.
13. Board of Environment Protection Authority
The Board of the Environment Protection
Authority is established.
13A. Membership of Board
(1) The Board consists of -
(a) the chairperson, being a person
who has expertise or experience
in public administration and
environmental or natural resource
management; and
(b) the Director; and
5
Environmental Management and Pollution Control Amendment
(Environment Protection Authority) Act 2007
Act No. of
s. 5
(c) a person with practical
knowledge of, and experience in,
environmental management in
industry, commerce or economic
development; and
(d) a person with practical
knowledge of, and experience in,
environmental management and
expertise in one or more of the
following:
(i) environmental
conservation;
(ii) natural resource
management;
(iii) air, noise or water
pollution;
(iv) management and
prevention of waste;
(v) environmental health;
(vi) social and economic
analysis; and
(e) a person with practical
knowledge of, and experience in,
environmental management in
local government.
(2) The Board is to include at least one
person of each sex.
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Environmental Management and Pollution Control Amendment
(Environment Protection Authority) Act 2007
Act No. of
s. 6
(3) The members of the Board referred to in
subsection (1)(a), (c), (d) and (e) are to
be appointed by the Governor.
(4) A State Service officer or State Service
employee is not entitled to be appointed
as a member of the Board under
subsection (3).
(5) The Governor may appoint a member
referred to in subsection (1)(c), (d) or (e)
as the deputy chairperson of the Board.
(6) Schedules 3 and 4 have effect with
respect to the membership and meetings
of the Board.
6. Section 14 amended (Functions and powers of
Board)
Section 14(1) of the Principal Act is amended as
follows:
(a) by omitting paragraph (a);
(b) by omitting paragraph (d) and
substituting the following paragraph:
(d) to advise the Minister, on the
request of the Minister or at the
discretion of the Board, on any
matter that may significantly
affect the achievement of the
objectives of this Act; and
7
Environmental Management and Pollution Control Amendment
(Environment Protection Authority) Act 2007
Act No. of
s. 7
7. Section 15 substituted
Section 15 of the Principal Act is repealed and
the following sections are substituted:
15. Ministerial statement of expectation
(1) The Minister must provide the Board
with a ministerial statement of
expectation by 31 March in each even-
numbered year.
(2) The Minister may at any time, at his or
her discretion or on receipt of an
application by the Board -
(a) amend the ministerial statement
of expectation; or
(b) revoke the ministerial statement
of expectation and substitute
another ministerial statement of
expectation -
by providing the amendment or
substituted ministerial statement of
expectation to the Board.
(3) In preparing the ministerial statement of
expectation, the Minister must consult
with the Board.
(4) The ministerial statement of expectation
and any amendment to the ministerial
statement of expectation is to be in
writing and signed by the Minister.
8
Environmental Management and Pollution Control Amendment
(Environment Protection Authority) Act 2007
Act No. of
s. 7
(5) The ministerial statement of expectation
or an amendment to the ministerial
statement of expectation takes effect on a
day specified in it, being a day not earlier
than the day on which it is issued to the
Board.
(6) The Board is to make the ministerial
statement of expectation available to the
public in the manner determined by the
Board.
15A. Contents of ministerial statement of
expectation
(1) The ministerial statement of expectation
is to specify the objectives of the
Minister on any matter relating to the
functions of the Board.
(2) The ministerial statement of
expectation -
(a) may not prevent the Board from
performing a function it is
required to perform or otherwise
complying with any Act; and
(b) may not extend the functions and
powers of the Board.
15B. Statement of intent
(1) Within 3 months after receiving the
ministerial statement of expectation or
any amendment to the ministerial
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Environmental Management and Pollution Control Amendment
(Environment Protection Authority) Act 2007
Act No. of
s. 7
statement of expectation, the Board must
provide to the Minister a statement of
intent.
(2) A statement of intent is to -
(a) specify the objectives of the
Board for the period covered by
the statement of intent; and
(b) address matters raised in the
ministerial statement of
expectation; and
(c) state the nature and scope of the
activities to be carried out by the
Board during the period covered
by the statement of intent; and
(d) specify the performance criteria
and other measures by which the
performance of the Board is to be
assessed against the objectives of
the Board for the period covered
by the statement of intent.
(3) The statement of intent may contain any
other matter the Board considers
appropriate.
(4) The Board may at any time at its own
discretion or on the request of the
Minister -
(a) amend the statement of intent; or
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Environmental Management and Pollution Control Amendment
(Environment Protection Authority) Act 2007
Act No. of
s. 8
(b) revoke the statement of intent and
substitute another statement of
intent.
(5) The statement of intent and any
amendment to the statement of intent is
to be in writing and signed by the
chairperson of the Board.
(6) The statement of intent or any
amendment to the statement of intent
takes effect on the day on which it is
approved by the Minister or on a later
day specified by the Minister.
(7) The Board is to make the statement of
intent available to the public in the
manner determined by the Board.
15C. Conduct to be consistent with ministerial
statement of expectation and statement of
intent
The Board is to conduct its business and
affairs in a manner that is consistent with
the ministerial statement of expectation
and the statement of intent.
8. Section 18 substituted
Section 18 of the Principal Act is repealed and
the following section is substituted:
11
Environmental Management and Pollution Control Amendment
(Environment Protection Authority) Act 2007
Act No. of
s. 9
18. Director, Environment Protection Authority
(1) The Governor may appoint a State
Service officer or State Service employee
to be Director, Environment Protection
Authority and that person holds office in
conjunction with State Service
employment.
(2) The Director has the functions and
powers specified in this Act or any other
Act.
9. Section 20 amended (Authorized officers)
Section 20 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)
"Secretary of the Department" and
substituting "Director";
(b) by omitting from subsection (4)
"Secretary of the Department" and
substituting "Director";
(c) by omitting from subsection (5)
"Secretary of the Department" and
substituting "Director".
12
Environmental Management and Pollution Control Amendment
(Environment Protection Authority) Act 2007
Act No. of
s. 10
10. Section 21A inserted
After section 21 of the Principal Act, the
following section is inserted in Division 1:
21A. Annual report
(1) The Board must prepare for the
Authority an annual report for each
financial year.
(2) The annual report must contain a report
on the activities and performance of the
Board and the Director during the
relevant financial year.
(3) The Board must provide a copy of the
annual report to the Minister so as to
enable it to be tabled in accordance with
subsection (4).
(4) On or before 31 October in each year, the
Minister is to cause a copy of the annual
report to be laid on the table of each
House of Parliament.
(5) If the Minister is unable to comply with
subsection (4) because a House of
Parliament is not sitting on 31 October in
any year, the Minister must -
(a) on or before that day, provide
copies of the annual report to the
clerk of that House; and
13
Environmental Management and Pollution Control Amendment
(Environment Protection Authority) Act 2007
Act No. of
s. 11
(b) on or before that day, make
copies of the annual report
available for purchase by the
public; and
(c) within the first 7 sitting-days after
that day, cause copies of the
annual report to be laid before
that House.
11. Section 96A amended (Environment Protection
Policy Review Panel)
Section 96A of the Principal Act is amended as
follows:
(a) by omitting paragraphs (b), (c) and (d)
from subsection (2) and substituting the
following paragraph:
(b) at least 3 other members with
appropriate skills, qualifications
and experience who are appointed
by the chairperson.
(b) by inserting the following subsections
after subsection (2):
(2A) The members appointed by the
chairperson under
subsection (2)(b) are appointed
for the duration of the assessment
of the draft environment
14
Environmental Management and Pollution Control Amendment
(Environment Protection Authority) Act 2007
Act No. of
s. 12
protection policy in respect of
which they are appointed.
(2B) The chairperson may delegate to
another member of the Panel or to
a member of the Resource
Planning and Development
Commission any of his or her
functions or powers under this
Act other than this power of
delegation.
12. Section 96D amended (Contents of environment
protection policy)
Section 96D of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (b) in subsection (2):
(ba) specify who is responsible for the
implementation or enforcement,
or both, of the whole policy or
specified parts of it;
(b) by omitting from subsection (4)(a)
"Panel" and substituting "Board";
(c) by omitting from subsection (4)(c)
"policy; and" and substituting "policy.";
(d) by omitting paragraphs (d), (e) and (f)
from subsection (4).
15
Environmental Management and Pollution Control Amendment
(Environment Protection Authority) Act 2007
Act No. of
s. 13
13. Section 96G amended (Notice of proposal to
prepare draft environment protection policy)
Section 96G of the Principal Act is amended by
inserting after subsection (2) the following
subsections:
(3) The Minister may extend the period
referred to in subsection (2)(e) for a
period not exceeding 30 days if he or she
considers it necessary.
(4) The power referred to in subsection (3)
may be exercised by the Minister on one
or more occasions.
14. Section 96I amended (Notice of draft environment
protection policy)
Section 96I of the Principal Act is amended by
inserting after subsection (2) the following
subsections:
(3) The Minister may extend the period
referred to in subsection (2)(e) for a
period not exceeding 30 days if he or she
considers it necessary.
(4) The power referred to in subsection (3)
may be exercised by the Minister on one
or more occasions.
16
Environmental Management and Pollution Control Amendment
(Environment Protection Authority) Act 2007
Act No. of
s. 15
15. Section 96N amended (Review of environment
protection policy)
Section 96N(1) of the Principal Act is amended
by omitting "5 years" and substituting "10
years".
16. Section 96O repealed
Section 96O of the Principal Act is repealed.
17. Section 107A inserted
After section 107 of the Principal Act, the
following section is inserted in Division 2:
107A. Transitional and savings provisions
consequent on Environmental Management
and Pollution Control Amendment
(Environment Protection Authority) Act 2007
Schedule 7 has effect.
18. Schedule 3 amended (Provisions with respect to
Membership of the Board)
Schedule 3 to the Principal Act is amended as
follows:
(a) by omitting from clause 1 "section
13(1)(c), (d) or (e)." and substituting
"section 13A(1)(a), (c), (d) or (e).";
17
Environmental Management and Pollution Control Amendment
(Environment Protection Authority) Act 2007
Act No. of
s. 18
(b) by omitting clause 2 and substituting the
following clause:
2. Term of appointment
(1) An appointed member is to be
appointed for such term, not
exceeding 3 years, as is specified
in the member's instrument of
appointment and, if otherwise
qualified, is eligible for re-
appointment.
(2) Despite subclause (1), if an
appointed member has served
consecutively 2 terms in office as
an appointed member of the
Board, the appointed member
may not be appointed for a
further consecutive term of
office.
(c) by omitting from clause 4(2) "A member
of the Board who is a State Service
officer or State Service employee" and
substituting "The Director";
(d) by omitting from clause 6(1) "a member
of the Board." and substituting "an
appointed member of the Board other
than the chairperson.";
(e) by omitting paragraph (a) from clause
6(2);
18
Environmental Management and Pollution Control Amendment
(Environment Protection Authority) Act 2007
Act No. of
s. 18
(f) by omitting from clause 6(2)(b) "member
referred to in section 13(1)(b)" and
substituting "Director";
(g) by omitting from clause 6(2)(c) "section
13(1)(c), (d) or (e)" and substituting
"section 13A(1)(c), (d) or (e)";
(h) by omitting from clause 6(3) "deemed"
and substituting "taken";
(i) by inserting the following subclause after
subclause (3) in clause 6:
(3A) If the chairperson is unable for
any reason to perform the duties
of chairperson -
(a) the deputy chairperson
may perform the duties of
chairperson and, when
doing so, is taken to be
the chairperson; and
(b) the deputy of the deputy
chairperson may perform
the duties of the deputy
chairperson and, when
doing so, is taken to be
the member of the Board
holding the office of
deputy chairperson.
19
Environmental Management and Pollution Control Amendment
(Environment Protection Authority) Act 2007
Act No. of
s. 19
19. Schedule 7 inserted
After Schedule 6 to the Principal Act, the
following Schedule is inserted:
SCHEDULE 7 - TRANSITIONAL AND SAVINGS
PROVISIONS CONSEQUENT ON ENVIRONMENTAL
MANAGEMENT AND POLLUTION CONTROL
AMENDMENT (ENVIRONMENT PROTECTION
AUTHORITY) ACT 2007
Section 107A
PART 1 - PRELIMINARY
1. Interpretation
In this Schedule -
"commencement day" means the day
on which the Environmental
Management and Pollution
Control Amendment
(Environment Protection
Authority) Act 2007 commences;
"former Act" means this Act as in
force immediately before the
commencement day;
"former Board" means the Board of
Environmental Management and
Pollution Control established
under section 12 of the former
Act;
20
Environmental Management and Pollution Control Amendment
(Environment Protection Authority) Act 2007
Act No. of
s. 19
"former Director" means the
Director of Environmental
Management holding office under
section 18 of the former Act
immediately before the
commencement day.
PART 2 - BOARD
2. First ministerial statement of expectation
Despite section 15(1), in 2008 the
Minister is to provide the Board with a
ministerial statement of expectation
within 3 months after the commencement
of the Environmental Management and
Pollution Control Amendment
(Environment Protection Authority) Act
2007.
3. Abolition of former Board
The former Board is abolished.
4. Documents
A reference in any document to the
former Board is taken, where
appropriate, to be or include a reference
to the Board.
21
Environmental Management and Pollution Control Amendment
(Environment Protection Authority) Act 2007
Act No. of
s. 19
5. Continuation and institution of proceedings
On and after the commencement day -
(a) any legal or other proceedings
instituted by or against the former
Board before, and pending on, the
commencement day may be
continued by or against the
Board; and
(b) any legal or other proceedings
that, immediately before the
commencement day, could have
been instituted by or against the
former Board may be instituted
by or against the Board; and
(c) a judgment or order of a court
obtained before the
commencement day by or against
the former Board may be
enforced by or against the Board;
and
(d) a document relating to legal or
other proceedings that has been
served on or by the former Board
before the commencement day is
taken, where appropriate, to have
been served on or by the Board.
22
Environmental Management and Pollution Control Amendment
(Environment Protection Authority) Act 2007
Act No. of
s. 19
6. Actions
Any action done or omitted by the former
Board is taken, where appropriate, to
have been done or omitted by the Board.
PART 3 - DIRECTOR
7. Director
The person appointed, and holding office
immediately before the commencement
day, as Director of Environmental
Management under section 18 of the
former Act is taken to have been
appointed as Director, Environment
Protection Authority under section 18 on
the same conditions and for a term
expiring on the same day.
8. Documents
A reference in any document to the
former Director is taken, where
appropriate, to be or include a reference
to the Director.
9. Actions
Any action done or omitted by the former
Director is taken, where appropriate, to
have been done or omitted by the
Director.
23
Environmental Management and Pollution Control Amendment
(Environment Protection Authority) Act 2007
Act No. of
s. 19
PART 4 - PANEL
10. Constitution of Panel for assessment of draft
environment protection policy
(1) If, before the commencement day, notice
has been given of a draft environment
protection policy in accordance with
section 96I, and the Panel has not -
(a) commenced the process of
considering any submissions
received in respect of that policy
in accordance with section 96J; or
(b) in the opinion of the chairperson,
substantially progressed in that
process of considering
submissions -
the Panel is to be reconstituted in
accordance with section 96A.
(2) If, before the commencement day, notice
has been given of a draft environment
protection policy in accordance with
section 96I, and the Panel has -
(a) commenced the process of
considering any submissions
received in respect of that policy
in accordance with section 96J;
and
(b) in the opinion of the chairperson,
substantially progressed in that
24
Environmental Management and Pollution Control Amendment
(Environment Protection Authority) Act 2007
Act No. of
s. 19
process of considering
submissions -
the Panel as constituted immediately
before the commencement day is to
continue the process of the assessment of
the relevant draft environment protection
policy.
(3) If -
(a) a person immediately before the
commencement day was a
member of the Panel referred to
in section 96A(2)(b), (c) or (d) of
the former Act; and
(b) that person's membership of the
Panel is continued by reason of
subclause (2) -
that person is taken, for the purpose of
the assessment of the draft environment
protection policy in relation to which the
membership is continued under
subclause (2), to be a member of the
Panel until the completion of that
assessment.
11. Cessation of membership of Panel
A person whose membership of the Panel
ceases by reason of the amendments to
section 96A effected by the
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Environmental Management and Pollution Control Amendment
(Environment Protection Authority) Act 2007
Act No. of
s. 19
Environmental Management and
Pollution Control Amendment
(Environment Protection Authority) Act
2007 is not entitled to any compensation
or other payment in respect of the
cessation of that membership.
PART 5 - AUTHORIZED OFFICERS
12. Authorized officers
A person appointed by the Secretary of
the Department, and holding office
immediately before the commencement
day, as an authorized officer under
section 20(2) or (4) of the former Act is
taken to have been appointed by the
Director as an authorized officer under
section 20(2) or (4) on the same terms
and conditions and for a term expiring on
the same day.
26 Government Printer, Tasmania