This regulation may be cited as the Environmental Protection Legislation Amendment Regulation (No. 1) 2016 .
This part amends the Environmental Protection Regulation 2008.
Chapter 3, part 1, division 1— insert—16AReference to in a year for particular environmental authorities
(1)This section applies for a prescribed ERA or a resource activity being carried out under an environmental authority.(2)A reference in schedule 2 or schedule 2A to the authority being carried out in a year is a reference to the activity being carried out in the following period—(a)for the first year of the environmental authority—the period of 1 year starting on the day the authority takes effect; or(b)otherwise—the period of 1 year starting on an anniversary day for the authority.
4Replacement of s 78 (Prescribed standard for particular offences relating to air contamination)
Section 78— omit, insert—78Prescribed standard for particular offences relating to air contamination
For section 440ZL of the Act, an Australian and New Zealand standard as in force from time to time under each of the following designations (regardless of the edition or year of publication of the standard) is a prescribed standard—(a)AS/NZS 4012 (Domestic solid fuel burning appliances–Method for determination of power output and efficiency);(b)AS/NZS 4013 (Domestic solid fuel burning appliances–Method for determination of flue gas emission).
5Amendment of s 88 (Minister may name occupier in report to council)
Section 88(1)(b), after ‘section 480’—— insert—, 480A
6Amendment of s 97 (Information not to be used as evidence)
Section 97, after ‘section 480’— insert—, 480A
7Amendment of s 103 (Clean-up and cost recovery notices)
(1)Section 103, heading— omit, insert—(2)Section 103, after ‘chapter 7, parts’— insert—5, division 2,(3)Section 103, after ‘to which part’— insert—5, division 2,
8Amendment of s 106 (Particular acts, omissions or activities by State or local government entity)
Section 106, heading— omit, insert—
Chapter 9— insert—Part 11 Transitional provisions for Environmental Protection Legislation Amendment Regulation (No. 1) 2016
179Application of s16A to existing environmental authorities
Section 16A, as amended by the Environmental Protection Legislation Amendment Regulation (No.1) 2016 , applies in relation to an environmental authority whether the authority was issued before or after the commencement.180Existing environmental authorities for timber treatment activities
(1)This section applies to a person who, immediately before the commencement, held an environmental authority (a former environmental authority) to carry out a timber treatment activity under the unamended regulation.(2)The person is, from the next anniversary day for the former environmental authority, taken to be the holder of an environmental authority under the amended regulation to carry out the timber treatment activity within the threshold for the activity mentioned in schedule 2, section 46 that relates to the level to which the person carries out the activity.(3)If, after the commencement, the level to which the person carries out the timber treatment activity is not within a threshold for the activity mentioned in schedule 2, section 46, the former environmental authority lapses on its next anniversary day.(4)In this section— amended regulation means this regulation as in force after the commencement. timber treatment activity means using chemicals to treat timber for preservation on a commercial basis. unamended regulation means this regulation as in force immediately before the commencement.181Existing applications for particular prescribed ERAs
(1)This section applies to an application for an environmental authority to carry out a timber treatment activity made, but not decided, before the commencement.(2)On the commencement—(a)the application is taken to be an application for an environmental authority to carry out the timber treatment activity within the threshold for the activity mentioned in schedule 2, section 46 that relates to the level to which the person intends to carry out the activity; and(b)the application fee paid for the application is taken to have been paid under this regulation.(3)If, after the commencement, the level to which the person intends to carry out the timber treatment activity is not within a threshold for the activity mentioned in schedule 2, section 46, the application lapses and the application fee paid for the application must be refunded.(4)In this section— timber treatment activity means using chemicals to treat timber for preservation on a commercial basis.
10Replacement of sch 2, s 46 (Chemically treating timber)
(1)Schedule 2, section 46— omit, insert—(1) Chemically treating timber for preservation on a commercial basis (the relevant activity) consists of the following—(a)using chemicals listed in AS1604.1, appendix B, other than copper chromium arsenic or creosote, to treat a total of 1500m3 or more of timber in a year;(b)using copper chromium arsenic, creosote or a chemical not listed in AS1604.1, appendix B to treat timber.(2) In the following table, the aggregate environmental score for the relevant activity is the score stated opposite the threshold within which the relevant activity is carried out.
Threshold
Aggregate environmental score
3
32
C
42
C
(3)In this section— AS1604.1 means ‘AS 1604.1:2012—Specification for preservative treatment—Sawn and round timber’.
This part amends the Environmental Protection (Air) Policy 2008 .
12Amendment of sch 1 (Air quality objectives)
Schedule 1, column 1, entry for benzo(a)pyrene, ‘hydrocrabons’— omit, insert—hydrocarbons