Environmental Management and Pollution Control (General) Regulations 2017 (Tas)

Environmental Management and Pollution Control (General) Regulations 2017

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Environmental Management and Pollution Control Act 1994 .

30 October 2017

C. WARNER

Governor

By Her Excellency's Command,

ELISE ARCHER

Minister for Environment and Parks

PART 1 - Preliminary

1. Short title These regulations may be cited as the Environmental Management and Pollution Control (General) Regulations 2017 .

2. Commencement These regulations take effect on the seventh day after the day on which their making is notified in the Gazette.

3. Interpretation In these regulations, unless the contrary intention appears – Act means the Environmental Management and Pollution Control Act 1994 ; approved, in relation to a level 2 activity specified in Schedule 1 , means one of the following is in force in respect of the activity: (a) a LUPAA permit; (b) an order in accordance with section 26 of the State Policies and Projects Act 1993 ; (c) an environment protection notice in accordance with section 27 or section 44 of the Act; (d) an environmental approval, as defined in the Environmental Management and Pollution Control (Waste Management) Regulations 2010 ; capacity, in relation to a level 2 activity specified in Schedule 1 , means the maximum capacity for processing, production, melting, consumption, application, treatment, receipt, handling, washing or generation that is specified in relation to the level 2 activity in – (a) a LUPAA permit; or (b) an order made in accordance with section 26 of the State Policies and Projects Act 1993 ; or (c) an environment protection notice issued, or caused to be issued, by the Director in accordance with section 27 or section 44 of the Act; or (d) an environmental approval, as defined in the Environmental Management and Pollution Control (Waste Management) Regulations 2010 ; GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; hourly rate means 75 fee units for each hour, or part of an hour, spent by the Board or Director on a matter to which a fee prescribed in these regulations relates; inert waste means waste that is not – (a) controlled waste; or (b) putrescible waste; or (c) likely to cause, either directly or indirectly, material environmental harm or serious environmental harm or environmental nuisance; or (d) contaminated with controlled waste or putrescible waste; low-risk activity means an environmentally relevant activity determined by the Board to be a low-risk activity under regulation 10 ; LUPAA permit means a permit – (a) granted or taken to have been granted under the Land Use Planning and Approvals Act 1993 , with conditions attached by the Board; and (b) in respect of which the Board has carried out an environmental impact assessment; permissible level 1 activity has the same meaning as in section 24 of the Act; permissible level 2 activity has the same meaning as in section 25 of the Act; putrescible waste means waste containing major components that are likely to generate an offensive odour; wastewater treatment works means works – (a) that are conducted to enable the discharge of treated or untreated sewage, septic tank effluent or industrial or commercial wastewater to land or water; and (b) that have a capacity to treat sewage, septic tank effluent or industrial or commercial wastewater.