While some sections in the old legislation have been reproduced almost identically in the Protection of the Environment Operations Act, most sections have been changed to some degree. Officers are advised to check both the section in the old legislation and the section in the Protection of the Environment Operations Act to see differences between them.
Back to top Clean Air Act 1961 |
Section of
old Act | Description | Section of
POEO Act |
|---|
Preliminary
|
5(1) | Definitions, including "air impurity", "air pollution", "control equipment", "motor vehicle", "open fire" and "vessel" | Dictionary |
Licensing requirements – scheduled premises
|
10 | Scheduled premises to be licensed | 48, Schedule 1 |
14(1) | Occupiers to maintain and operate control equipment | 167 |
14(2) | Operation of fuel burning equipment or industrial plant | 124 & 131 |
14(2A) | Maintenance on fuel burning equipment, control equipment & industrial plant | 125 & 131 |
14(3) | Processing, handling etc of materials | 126 & 131 |
14(5) | Definition of "materials" | 126(2) & 131 |
14(6) | Proof of causing air pollution | 127 |
15 | Prescribed standards of air impurities not to be exceeded | 128 |
15A | Emission of odours from scheduled premises | 129 |
| 15B | Control equipment on scheduled premises | No equivalent provision |
16 | Pollution control approval required for certain work | No equivalent provision but see 47 |
16(8) | Notice requiring removal of plant | 86 |
17 | Notice requiring work on scheduled premises | Part 4.3 (95 – 100) (prevention notices) |
Non-scheduled premises
|
19 | Prescribed standards not to be exceeded – non-scheduled premises | 128 |
19A(1)(2) | Control equipment on non-scheduled premises | No equivalent provisions but see 167(2) |
19A(3) | Control equipment to be maintained and operated etc | 167 |
19B(1) | Operation of equipment or plant causing air pollution | 124 |
19B(2) | Maintenance of equipment or plant causing air pollution | 125 |
19B(3) | Equipment used for domestic purposes | 131 |
20 | Notice to occupier of premises requiring prevention of emission of air impurities | Part 4.3 (95 – 100) (prevention notices) |
21 | Mines and open cut workings to prevent air pollution | No equivalent provision |
Motor vehicles
|
21A(1) | Definitions, including "petrol" and "unleaded petrol" | 154(1) |
21A(2) | Emission of excessive impurities | 154(2) |
21A(3) | Mass of element | 154(3) |
21B(a) | Sale of motor vehicle emitting excessive impurities | 155 |
21B(b) | Use of motor vehicle emitting excessive impurities | No equivalent provision Note: equivalent regulation proposed |
21BA(1) | Offence of removal etc of anti-pollution device | 157 |
21BA(2) | Limitation on prohibition of removal etc of anti-pollution device | 160(3) |
21BA(3) | Offence of service of motor vehicle contrary to regulations | 158 |
21C(1) | Vehicle to be fitted with prescribed anti-pollution device | No equivalent provision Note: equivalent regulation proposed |
21C(2) | Offence to sell motor vehicle not fitted with anti-pollution device required under regulations | 156 |
21D(1) | Vehicle to be maintained in specified manner | No equivalent provision Note: equivalent regulation proposed |
21D(2) | Offence to sell motor vehicle not serviced etc as required under regulations | 159 |
21E(a) | Defence for offences under 21B(a), 21C(2) & 21D(2) of CA Act [155, 156 & 159 of POEO Act respectively] | 160(1) See also 160(2) |
21E(b) | Defence for offence under 21B(a) & (b) [POEO Act 155] – certificate issued | No equivalent provision but see 160(4) |
21E(c) | Defence for offence under 21BA(1)(b) [POEO Act 157(2)] | 160(4) See also defence to 157 under 160(3) |
21E(d) | Defence for offence under CAA 21C(1) | Not applicable |
21E(e) | Defence to offence under CAA 21D(1) & (2) [POEOA 159] | 160(5) |
21EA | Notice to repair or regarding anti-pollution devices | 161 |
21F | Minister's power to prohibit use of motor vehicles | 162 |
21G | Power to require owner of motor vehicle to furnish information | 210 referring to Part 7.3 (ss190-195) |
21H | Notice to recall motor vehicles | No equivalent provision |
21I | Petrol retailers to sell unleaded petrol | No equivalent provision |
21J | Petrol suppliers to supply unleaded petrol | No equivalent provision |
21K | Defences to prosecutions for offences under CAA ss21I or 21J | Not applicable |
21L | Unleaded petrol to be genuine | 163 (includes penalty) |
21M | Sale of certain motor vehicles prohibited | 164 (includes penalty) |
21N | Certain vehicles to use only unleaded petrol | No equivalent provision Note equivalent regulation proposed |
21O | Owner of scheduled equipment requires licence | 48 (scheduled activities – premises based) |
21P | Control of scheduled equipment | See POEO Act provisions equivalent to 14 – 15B, 16 & 17 CA Act |
21Q | Construction of scheduled equipment | 47 |
General provisions
|
22 | General powers of EPA | No equivalent provision |
23(1) | Power to require information to be furnished [EPA] | 191 See also: 193 (notice served by authorised officer) 194 (manner & time for compliance) 195 (records) 212 (admissibility) |
23(1) | Power to require information to be furnished [local authority] | 192 See also: 193 (notice served by authorised officer) 194 (manner & time for compliance) 195 (records) 212 (admissibility) |
23(2) | Notice requiring information to be furnished – admissibility in evidence | 212 |
23A | Notice from EPA requiring measurement of air pollution | No equivalent provision but see: 68 (licence condition) Part 4.3 (95 – 100) & 212 (prevention notices) Part 6.2 (174 – 179) (mandatory audits) |
24(1) | Minister may prohibit use of fuel, fuel burning equipment or industrial plant | No equivalent provision but see: 133 (power of EPA to prohibit burning in open or in incinerators) Part 4.4 (101 – 103) (prohibition notices) |
24(2) | Minister may prohibit open fires | No equivalent provision but see: 133 (power of EPA to prohibit burning in open or in incinerators) Part 4.4 (101 – 103) (prohibition notices) |
24A(1) – (4) | Burning of refuse – general orders | 133 |
24A(5) | Offence to fail to comply with orders on burning of refuse | 135 |
24B(1)(2) (4) | Burning of refuse – directions by authorised officers | 134 |
24B(3) | Offence to fail to comply with directions by authorised officers on burning of refuse | 135 |
24D | Direction to render equipment or plant inoperable | No equivalent provision, but see Part 4.4 (101 – 103) (prohibition notices) |
25 | Power of Minister to prohibit trades etc in certain circumstances | No equivalent provision, but see Part 4.4 (101 – 103) (prohibition notices) |
25A | Direction by EPA for removal etc of pollutants | See Ch 4 (89 – 113) (clean up notices, prevention notices and prohibition notices) |
25A | Direction by EPA for removal etc of pollutants [recovery of costs incurred] | Part 4.5 (104 – 107)(compliance cost) |
26(1)(a)(ii) | Appeal against notice under s16(8) CA Act | 288 (notices under s86 POEO Act) |
26(1)(a)(ii) | Appeal against notice under s17 CA Act | 289 (prevention notices) |
26(1)(a)(iii) | Appeal against notice under s20 CA Act | 289 (prevention notices) |
26(1)(a)(iii) | Appeal against notice under s23A CA Act | 287 (licence condition); 289 (prevention notices) |
26(2) | Dispute between EPA and council regarding notice under s20 CA Act | 316 |
27(1) | Powers of authorised officers to enter premises | Part 7.4 (196 – 202) |
27(1A) | Power of authorised officer to enter mobile plant or equipment | Part 7.6 (205 – 210) Note: does not include council officers |
27(2) | Power to require production of documents etc | Part 7.3 (190 – 195) |
27(3) | Certificate of appointment of authorised officer | 189 (ID cards) |
27(4) | Notice requiring assistance or facilities to be provided to authorised officer | 200 (Note: applies to premises only) |
27(5) | Offence to obstruct authorised officer | 211(3) & (4) |
27A | Sampling of tanker loads etc for pollutants | 206 (sampling); 208 (stopping vehicle); 208(3) (penalty); 211(3)(4) (offences) |
27A(2) | Power to sample tanker loads etc exercisable only where reasonable suspicion of offence | No equivalent provision |
28 | Exemptions | Part 9.1 (284 – 286) |
29 | Service of notices and other instruments | 321 |
32 | Penalties | Not applicable |
Schedule | Prescribed uses, equipment and plant | Schedule 1 Note: concept is now of scheduled activities |
Clean Air (Motor Vehicles and Motor Vehicle Fuels) Regulation 1997
|
27 | Power of authorised officer to inspect and test motor vehicles | 206 |
28(1) | Power of authorised officer to stop motor vehicles and to give direction to person to do facilitate testing of vehicle | 208 |
28(2) | Offence to fail to comply with direction to stop motor vehicle | 211(3) & 208(3) |
28(3) | Defence to offence under cl 28(2) | No equivalent provision |
29 | Power of authorised officer to require vehicle to be presented for further testing | 207 |
29(4) | Offence to fail to comply with notice under cl 29(1) | 211(3) |
30(1) | Ancillary powers of authorised officer | 206(2) |
31 | Suspension of registration of motor vehicle | 165 |
32 | Prohibition on registration of certain motor vehicles | 166 |
Back to top Clean Waters Act 1970 |
Section of
old Act | Description | Section of
POEO Act |
|---|
Preliminary
|
4(5) | Meaning of "seas of the state" | Not applicable See reference to "State waters" in s7(3) POEO Act |
5 | Definitions, including "pollute" and "waters" | Dictionary (note that "pollution" is defined under "water pollution" |
Classification of waters
|
Part 3 (11 – 14) | Classification of waters | No equivalent provisions but see Part 3 Schedule 5 POEO Act |
Pollution of waters
|
16(1) | Prohibition of pollution of waters | 120(1) |
16(2) | Deemed pollution of waters | Included in definition of "water pollution" in Dictionary |
16(3) | Prohibition on causing pollution of waters | 120(2) |
16(4) | Prohibition on permitting pollution of waters | 120(3) |
16(6) | No offence of pollution of waters if licence condition not contravened | 122 Note also s121 – no offence if regulations not contravened |
16(7) | Pollution of waters an offence | 120(4) See also 123 (maximum penalty) |
Other licensing provisions
|
17 | Licences in respect of drains discharging to classified waters | No equivalent provision |
18 | Postponement of operation of ss16 & 17 CW Act (new occupier of premises) | No equivalent provision but see 52 (commencement of licensing requirement) |
Pollution control approvals
|
19 | Pollution control approval required for certain works | No equivalent provision but see 47 (licence for scheduled development work) and 122 (licence for pollution of waters) |
Control equipment
|
20 | Maintenance and operation of control equipment | 167 |
Emergency powers
|
26(1)(a) | Minister's emergency power to authorise discharge | 284 Note: exemption granted by EPA, not Minister |
26(1)(b) | Minister's emergency power to prohibit discharge | Part 4.4 (101 – 103) (prohibition notices) |
Removal of pollutants
|
27 | Removal of pollutants | Part 4.2 (91 –94) (clean-up notices). See also Part 4.5 (104 – 107) (compliance cost) |
27 | Statutory authority may remove pollutants and recover costs | No equivalent provision but see 91 (clean-up notices) and Part 4.4 (104 – 107) (compliance cost) |
27 | EPA may direct statutory authority to remove pollutants; statutory authority may recover costs | 92 See also Part 4.4 (104 – 107) (compliance cost) |
27A | EPA may direct occupier to clean up pollution | Part 4.2 (91 – 94) (clean-up notices) See also Part 4.4 (104 – 107) (compliance cost) |
27A(2) | Occupier given clean-up notice may recover costs from person who caused pollution | 91(4) |
Notice and other powers
|
28 | Notice to occupier from EPA to supply information | Part 7.3 (190 – 195) (includes notices by councils and authorised officers) See also 212 (admissibility) |
29(1) | Power of authorised officer to enter premises | Part 7.4 (196 – 202) |
29(2) | Notice from authorised officer requiring production of documents | 193 Note: officers not appointed by authority other than EPA can only issue notice in connection with matter for which authority is regulatory authority |
29(3) | Authorised officer to produce certificate | 189 |
29(4) | Offence to obstruct authorised officer | 211(3)(4) |
29A | Sampling of tanker loads etc for pollutants | 206 (sampling); 208 (stopping vehicle); 208(3) (penalty); 211(3)(4) (offences) |
29A(2) | Power to sample tanker loads etc only where suspicion of offence | No equivalent provision |
31 | Service of notices | 321 |
Clean Waters Regulations 1972
|
21 | Notice in respect of discharge of pollutants from premises | Part 4.3 (95 – 100) (prevention notices) |
Back to top
Environmental Offences and Penalties Act 1989 |
Section of
old Act | Description | Section of
POEO Act |
|---|
Definitions
|
4(1) | Definitions, including "environment", "harm" and "waste" | Dictionary |
4(2) | Meaning of "disposal" | 115(3) |
4(3) | Recycled waste included in meaning of "waste" | 115(3) |
Scope of operation of Act
|
4A | Extra-territoriality | 170 |
Tier 1 offences
|
5 | Disposal of waste causing harm to the environment | 115 |
6 | Causing substance to leak, spill etc causing harm to the environment | 116 |
6A | Emission of ozone depleting substances | 117 |
| 7 | Defences to Tier 1 offences | 118 |
8 | Penalty for Tier 1 offences | 119 |
Tier 2 offences
|
8A(1) | Penalty for Tier 2 offence (air pollution) | 132 |
8B(1) | Penalty for Tier 2 offence (water pollution) | 123 |
8C(1) | Penalty for Tier 2 offence (noise pollution) | 141 |
8DA(1) | Penalty for Tier 2 offence (land pollution, ie waste) | 143(1) (transporting of waste) 144(1) (use of land as waste facility) |
8E | Offence of failure to comply with orders made by court for restoration, compensation or damages [EOP s14(1); POEO s245] | 251 |
8F | Littering | 145 See also 146 |
Tier 3 offences (penalty notices)
|
8G(1) | Officer may serve penalty notice | 224(1) |
8G(1A) | Method of service of penalty notice | 224(2)(3) |
8G(4) | Penalty notices (what a penalty notice is) | 223 |
8G(5) | Effect of payment of penalty notice | 225(1) |
8G(6) | Penalty if matter dealt with by court | No equivalent provision – penalty is maximum prescribed for offence [Local Court] |
8G(7) | Payment not admission of civil liability | 225(2) |
8G(8)(10) | Withdrawal of penalty notice | 228 |
8G(11) | No limitation on operation of other Acts or provisions | 229 |
8G(12)(13) | Definition of authorised officer for purposes of penalty notice provisions | 226 |
8G(15) | Amount of penalty | 227 |
Miscellaneous
|
9 | Matters to be considered in imposing penalty | 241 |
10 | Offences by corporations | 169 |
10A | Onus of proof of lawful authority | No equivalent provision but see 115(2), 116(4) |
Proceedings for offences
|
11 | Nature of proceedings for Tier 1 offences | 214 |
11A | Nature of proceedings for Tier 2 offences | 215 |
12 | Limitation periods | 216 |
13 | Consent to institute proceedings | 217 & 218 Note: EPA consent no longer necessary |
Restoration, compensation and damages
|
14(1) | Orders by court for restoration and prevention | 245 See also 243 & 244 |
14(2)(3) | Orders by court for costs and expenses | 246 See also 243 & 244 |
15 | Recovery of costs and expenses | 247 |
16(1)(2)(3) | Restraining order over property of defendant | 230 – 233 |
16(4) | Order that property of defendant not to be disposed of etc | 231 & 233 |
16(5) | Court's discretion to refuse | 234 |
17 | Additional orders | 235 |
18 | Charge on property subject to restraining order | 236 |
19 | Registration of restraining orders | 237 |
20 | Contravention of restraining orders | 238 |
21 | Courts may revoke restraining orders | 239 |
22 | Time when restraining order ceases to be in force | 240 |
General
|
23 | Act to bind Crown | 315 |
24 | Appointment of persons to exercise certain functions | 317 |
25 | Restraint of breaches which may harm environment | 253 See also 252 |
26 | Minister may revoke or suspend pollution control authority (licence) | 82 |
27 | Evidence of analysts | 262 |
27A | Exemptions for some emergency services | 285 |
Schedule 1 | Penalties for some Tier 2 offence | No equivalent provision |
Back to top
Noise Control Act 1975 |
Section of
old Act | Description | Section of
POEO Act |
|---|
Definitions
|
4 | Definitions, including "motor vehicle", "noise control equipment", "occupier", "offensive noise", "plant" and "public place" | Dictionary Note: "noise control equipment" is included in "control equipment" |
Licences
|
17 | Parts of State subject to licensing requirement | No equivalent provision |
18 | Scheduled premises to be licensed | 43, 47 – 49, Schedule 1 |
Control of noise from premises
|
26(1) | Occupiers to maintain and operate noise control equipment | 167 |
26(2) | Offence to cause emission of noise by operation of plant | 139 |
26(3)(4) | Offence to cause noise by dealing with materials | 140 |
27 | Approval required for certain work | No equivalent provision but see 264 (noise control notices) |
Prohibition of sale of certain articles
|
28 | Sale of articles emitting more than prescribed noise | 136 |
29 | Sale of articles required to be fitted with noise control equipment | 137 |
30 | Defence in respect of sale of articles | 138 |
Noise control notices relating to articles (wherever used)
|
33 | Noise control notice relating to prescribed classes of articles | No direct equivalent but see 264(2)(b) |
34 | Offence to contravene notice relating to prescribed class of article | No direct equivalent but see 264(2)(b) |
Noise control notices (scheduled premises)
|
36(1) | Noise control notice relating to scheduled premises | Part 8.6 Div 1 (263 – 267)(Noise control notices). Note: applies to all premises |
36(2)(3) | Noise control notices – noise control equipment | See Part 4.3 (95 – 100) (prevention notices) |
37 | Offence to contravene noise control notice | 265 (noise control notice) 97 (prevention notice) |
38 | Postponement of operation of notices | 267 (noise control notice) 99 (prevention notice) |
Noise control notices (non-scheduled premises)
|
40 | Noise control notice (non-scheduled premises) | Part 8.6 Div 1 (263 – 267)(noise control notices) Note: applies to all premises |
41 | Offence to contravene noise control notice (non-scheduled premises) | 265 |
42 | Postponement of operation of noise control notice (non-scheduled premises) | 267 |
Noise control notices (times)
|
45 | Noise control notices (times) | Part 8.6 Div 1 (263 – 267)(noise control notices) Note: applies to all premises. |
46 | Offence to contravene noise control notice (time) | 265 |
General provisions
|
48 | Restrictions on noise control notices | No equivalent provision |
50 | Revocation of (any) noise control notice | 266 |
Noise abatement orders
|
52 | Issue of noise abatement orders | 268 |
53 | Offence to contravene noise abatement order | 269 |
54 | Restrictions on noise abatement orders | 270 |
55 | Time of commencement of noise abatement order | 271 |
56 | Revocation or variation of noise abatement orders | 272 |
Noise abatement directions
|
59 | Issue of noise abatement directions | 276 See also 275, 278, 279 |
60 | Contravention of noise abatement directions | 277 |
61 & 61A | Powers of police regarding noise | 280 – 283 |
Appeals
|
68 | Appeals to court regarding noise control notices | 290 (noise control notice) 289 (prevention notice) |
69 | Appeals to court regarding noise abatement orders | 290 |
Miscellaneous
|
73 | Police powers in respect of burglar and other alarms | No equivalent provision |
74 | Notice requiring information | Part 7.3 (190 – 195) |
| 76 | Powers of authorised officers | Part 7.4 (196 – 199) |
76(6) | Offence of obstructing authorised officer | 211(3)(4) |
Schedule | Scheduled premises | Schedule 1 Note: concept is now of scheduled activities |
Noise Control (Motor Vehicles and Motor Vehicle Accessories) Regulation 1995
|
25 | Power to inspect and test motor vehicles and motor vehicle accessories | 206 |
26(1) | Power to stop motor vehicles | 208(1) |
26(2) | Offence of failing to comply with a direction to stop vehicle or in respect to inspecting or testing of vehicle | 211, 208(3) |
26(3) | Power to inspect and test motor vehicles and motor vehicle accessories | 206 |
27(1) | Power to require motor vehicle or motor vehicle accessory for testing | 207 |
27(2) | Offence of failing to comply with direction to have vehicle tested | 211 |
28 | Power to seize motor vehicle accessories for testing | 209 |
31 | Suspension of registration of motor vehicle | 165 |
32 | Prohibition of registration of motor vehicle | 166 |
Noise Control (Marine Vessels) Regulation 1996
|
8 | Power to inspect and test vessels | 206 |
9(1) | Power to stop vessels | 208(1) |
9(2) | Offence of failing to comply with direction to stop vessel | 211, 208(3) |
9(3) | Power to inspect and test vessels | 206 |
Back to top
Ozone Protection Act 1989 |
Section of
old Act | Description | Section of
POEO Act |
|---|
Powers of authorised officers
|
16(1) | Power of authorised officer to enter premises | 196 |
16(2) | Power of authorised officer to enter residential premises | 197 |
16(3) | Power of authorised officers to do things at premises | 198 |
16(5) | Authorised officer must issue receipt | No equivalent provision |
16(4) | Production of record stored electronically | 195(3) |
16(4) | Production of record not in English language | No equivalent provision but see notice provisions in Part 7.3 (190 – 195) |
16(6) | Authorised officer to produce certificate of authority | 189 (ID cards) |
17 | Obstruction etc of authorised officer | 211(3)(4) |
Court orders restraining breach
|
18(1) | Court may make order restraining breach of OP Act or regulations | 213 (applies Part 8 POEO Act to OP Act); 252 (breach of OP Act or regulations) 253 (breach of other Acts) |
18(2)(3)(4) | Court may make interim order restraining breach | No equivalent provision but see 230 – 240 (orders restraining disposal of/dealings with property) |
18(5) | Court may order payment of damages | No equivalent provision, but see 252(6) (court may make such orders as it thinks fit to remedy breach) See also 247 (recovery of costs, expenses & compensation after offence proved) |
Search warrants
|
19 | Search warrants | 199 |
Penalty notices
|
20(1) | Authorised officer may serve penalty notice | 224(1) |
20(2) | Content of penalty notice | 223 |
20(3) | Service of penalty notice | 224(2)(3) |
20(4) | Effect of payment of penalty notice | 225(1) |
20(5) | Payment not admission of civil liability | 225(2) |
20(6) | Regulations in respect of penalty notices | 222 & 227 |
20(7) | Maximum amount payable under penalty notice | 227(2) |
20(8) | Penalty notice provision does not limit operation of other Acts | 229 |
Proceedings for offences
|
23(1) | Proceedings for offences – offences to be dealt with summarily | 215(1) |
23(2) | Limitation period | 216 Note: limitation period of 12 months (unless regulations prescribe otherwise) |
23(3) | Proceedings may be brought only with authority of EPA | 217 but see also 218(1)(6) Note: EPA consent no longer necessary |
23(4) | Maximum penalty in Local Court | 215(2) Note: increase in penalty |
23(5) | Certificate of authority of EPA to prosecute | Not applicable but see 217 & 218 |
Forfeiture and retention of property
|
24(1)(3)(4) | Court may order substance or article to be forfeited to Crown if person convicted of offence | No equivalent provision but see 245(c) |
24(2)(3)(4) | EPA may apply to court for forfeiture of substance or article seized by authorised officer | No equivalent provisions but see 252 & 253 (court orders restraining breach) & 245 |
25 | Retention and disposal of property seized by authorised officer | No equivalent provisions but see 252 & 253 (court orders restraining breach) & 245 |
Back to top
Pollution Control Act 1970 |
Section of
old Act | Description | Section of
POEO Act |
|---|
Preliminary
|
5(1) | Definitions, including "occupier", "pollution" and "premises" | Dictionary |
Licences
|
17A | Purposes for which licence may be issued | 43 See also 47, 48 & 49 |
17B(1) | Applying for a licence | 53 |
17B(3) | Applying for the transfer of a licence | 54 |
17BA(2) | Matters to be considered in licensing | 45 |
17BA(4) | Cross-media considerations in licences (integration) | 44 |
17C | Short term licence | No equivalent provision |
17D(1)(2) | EPA may grant or refuse to grant a licence | 55 |
17D(1)(7) (8) | Licence conditions | 63 See also Part 3.5 (65 – 76) (Particular licence conditions) |
17D(3)(a) | Revocation or suspension of licence | 79, 81 See also 80 (surrender) & 82 (conviction for pollution offence) |
17D(3)(b) (c) | Variation of licence conditions | 58 |
17D(9) | Offence to fail to comply with licence condition | 64 |
17E | Duration of licences | 77 See also 78 |
| 17G | Licence fees | 57 |
17H | Monitoring conditions (includes Certificates of Compliance) | 66 |
Pollution control approvals
|
17I – 17L | Pollution control approvals | No equivalent provisions, but see 47 (scheduled development work) |
Appeals
|
17M | Appeals regarding licences | 287, 292 |
Miscellaneous
|
17O | Request for further details about licence applications | 60 |
17P | Offence of providing false information in CoC | 66(4) & (5) |
24(1) | Power to enter premises | Part 7.4 (196 – 199) |
24(1D) | Provision of assistance to authorised officers | 200 |
24(2) | Offence of obstructing EPA officer | 211(3)(4) |
25 | Requiring production of documents | Part 7.3 (191 – 195) See also 212 |
27A | Evidentiary certificates | 261 |
27B(1) | Evidence of occupation of premises | 258 |
28A | Service of notices | 321 |
Back to top
Waste Minimisation and Management Act 1995 |
Section of
old Act | Description | Section of
POEO Act |
|---|
Licences
|
44 | Licence required for controlled waste facility | 48 and Schedule 1 Part 1 ("waste facilities") |
45 | Licence required for controlled waste activity | 48 and Schedule 1 Part 1 ("waste activities") |
46 | Transporters of waste must be licensed | 49 & Sch 1 Part 2 |
47(1)(2)(3) | Applications for licences | 53 |
47(5) | Licence fees | 53 & 57 |
48 | Putrescible landfill sites – licensing arrangements | 87 |
49(1)(3) | EPA may grant or refuse licence application | 55 |
49(2) | Matters which EPA must take into consideration in considering a licence application | 45 |
50(1)(2) | Duration of licences | 77 See also 78 (review of licences) |
50(3) | Transfer of licences | 54, 55 |
51 | Register of licences | 308, 309 |
52 | Revocation or suspension of licences | 79, 81, 83 |
Licence conditions
|
53(1) | Licence conditions | 63 |
53(2) | Licence condition requiring licensee to provide EPA with information | 75(1) |
54 | Offence to contravene licence conditions | 64 |
55(a) – (c) | Licence conditions for controlled waste facilities | 75(4) |
55(d) | Licence conditions for controlled waste facilities (environmental management plan) | 75(2) |
55(e) | Licence conditions for controlled waste facilities (industry waste reduction plan) | 75(3) |
55(f) | Licence conditions for controlled waste facilities (monitoring and certification) | 66 |
55(g) | Licence conditions for controlled waste facilities (remediation work) | 71 |
55(h) | Licence conditions for controlled waste facilities (financial assurance) | 70 |
56(a) – (c), (g) | Licence conditions for controlled waste activities | 75(5) |
56(d) | Licence conditions for controlled waste activities (industry waste reduction plan) | 75(3) |
56(e) | Licence conditions for controlled waste activities (environmental management plan) | 75(2) |
56(f) | Licence conditions for controlled waste activities (monitoring and certification) | 66 |
56(h) | Licence conditions for controlled waste activities (remediation work) | 71 |
56(i) | Licence conditions for controlled waste activities (financial assurance) | 70 |
57(a) – (c) | Licence conditions for transporters of waste | 55(6) |
57(d) | Licence conditions for transporters of waste (monitoring and certification) | 66 |
58(1) | Amendment of licence conditions | 58 |
58(2) | Effective date of licence variation | 84(2), 287 |
Post-closure requirements
|
59(1) – (5) | Completion of controlled waste facility operations | 76 |
59(6) | Offence to fail to comply with closure plan requirement etc | 64 |
Financial assurance
|
60 – 62 | EPA may require financial assurance | Part 9.4 (296 – 307) |
Waste disposal offences
|
63 | Unlawful disposal of waste on land | No equivalent provision but see 115 (disposal of waste causing harm to environment – Tier 1 offence); 144 (permit land to be used unlawfully as waste facility – Tier 2 offence); 143 (unlawful transporting of waste – Tier 2 offence) |
64 | Unlawful use of land as waste facility | 144 |
Enforcement and investigation provisions
|
65 | Directions by authorised officer | No equivalent provision but see Part 4.2 (91 –94) (clean-up notices); Part 4.3 (95 – 100) (prevention notices) |
66 | Power of authorised officer to require information to be given | 193 See also 212 (admissibility) |
67 | Directions by EPA to occupier of unlicensed waste facility | No equivalent provision but see Part 4.2 (91 – 94) (clean-up notices) and Part 4.3 (95 – 100) (prevention notices) |
68 | EPA may require information | 191 |
69 | Inquiries by EPA | Part 9.6 (310 – 314) |
70(1) – (3) | Power of entry and inspection | Part 7.4 (195 – 202) |
70(4) | Offence to obstruct authorised officer | 211(3)(4) |
71 | Search warrants | 199 |
Financial provisions (section 72 levy)
|
72 | Contributions by occupiers of controlled waste facilities | 88 |
Disputes
|
78 | Licence disputes between EPA and public authorities | 316 |
Miscellaneous provisions
|
82 | Evidentiary certificates | 261 See also 258(1) (occupier of premises) |
85(a) | Offence to provide false information (licence application) | No equivalent provision but equivalent regulation proposed |
85(b) | Offence to provide false information [directions by authorised officer] | 211(2) |
85(b) | Offence to provide false information [notice by EPA requiring information] | 211(2) |
1. Where the changes are significant, comments have been included in the column headed "Section of POEO Act." However, minor changes have not been noted, and officers are advised to check both the section in the old legislation and the section in the POEO Act to see differences between them.
2. Where a provision of an old regulation has been incorporated into the POEO Act, the provision has been included in the table of the relevant Act. As a general rule, the balance of the old regulations will be converted into regulations under the POEO Act. Note also that some sections of old Acts will be incorporated into regulations under the POEO Act.
3. Minor amendments have been made to other legislation not dealt with in these tables. These amendments are set out in Schedule 4 to the POEO Act.
