Environment Protection Act 2019.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
This Act sets the basis for the general environmental assessment approach and for environmental protection in the Northern Territory; its scope is to promote ecologically sustainable development, to recognise the role of environmental impact assessment and environmental approval, to provide for broad community involvement and to recognise the role that Aboriginal people have as stewards of their country.
Part 2 identifies the principles of environment protection and management; these are Principles of ecologically sustainable development (e.g. Precautionary principle, Decision-making principle among others) and the Hierarchies (decision-making and waste management hierarchies).
Part 3 authorises the Ministry in making different sorts of Declarations by Gazette notice. These include: Declarations of environmental objectives and referral triggers (Division 2) and protected environmental areas declarations that could be temporary or permanent. The Part continues outlining the discipline on prohibited actions, environmental offences, and revocation of declarations.
Part 4 sets the purpose and discipline for the Environmental impact assessment process; it clarifies the proponent's duties and referral process and what is the NT EPA role and the conditions to meet in the assessment process. A proponent must refer a proposed action to the NT EPA for standard assessment when the action has the potential to have a significant impact on the environment, or meets a referral trigger (Art.48); on the other side when the proposed action or group of proposed actions, individually or in combination with each other, will have the potential to have a significant impact on the environment or will meet a referral trigger the referral for assessment to the NT EPA is called a strategic assessment (Art. 49)
Part 5 has the purpose to provide for (a) the granting, amendment, and (b) the transfer, suspension and revocation of environmental approvals. Under this Part the NT EPA, on completion of an environmental impact assessment, must provide the Minister with an assessment report in conjunction with a draft environmental approval or a statement of unacceptable impact; the Minister after considering a series of recommended matters and undertaking a consultation process, can accept the draft and grant the approval, grant an amended version or refuse to grant environmental approval, and in case of statement of unacceptable impact accept or reject the statement. The environmental approval can be subject to conditions and must be published to produce effects.
Part 6 concerns environmental offsets, and Part 7 lists different financial mechanisms: environment protection bonds that could be a condition of an environmental approval; Environment protection levy and Environment protection funds.
The Act then continues under Part 8 outlining the discipline for environmental audits, environmental auditors and environmental practitioners. Part 9, Enforcement, identifies the subjects and measures to deal with environmental offences. Part 10 and 11 respectively lay down the discipline for civil and penal proceedings
Part 2 identifies the principles of environment protection and management; these are Principles of ecologically sustainable development (e.g. Precautionary principle, Decision-making principle among others) and the Hierarchies (decision-making and waste management hierarchies).
Part 3 authorises the Ministry in making different sorts of Declarations by Gazette notice. These include: Declarations of environmental objectives and referral triggers (Division 2) and protected environmental areas declarations that could be temporary or permanent. The Part continues outlining the discipline on prohibited actions, environmental offences, and revocation of declarations.
Part 4 sets the purpose and discipline for the Environmental impact assessment process; it clarifies the proponent's duties and referral process and what is the NT EPA role and the conditions to meet in the assessment process. A proponent must refer a proposed action to the NT EPA for standard assessment when the action has the potential to have a significant impact on the environment, or meets a referral trigger (Art.48); on the other side when the proposed action or group of proposed actions, individually or in combination with each other, will have the potential to have a significant impact on the environment or will meet a referral trigger the referral for assessment to the NT EPA is called a strategic assessment (Art. 49)
Part 5 has the purpose to provide for (a) the granting, amendment, and (b) the transfer, suspension and revocation of environmental approvals. Under this Part the NT EPA, on completion of an environmental impact assessment, must provide the Minister with an assessment report in conjunction with a draft environmental approval or a statement of unacceptable impact; the Minister after considering a series of recommended matters and undertaking a consultation process, can accept the draft and grant the approval, grant an amended version or refuse to grant environmental approval, and in case of statement of unacceptable impact accept or reject the statement. The environmental approval can be subject to conditions and must be published to produce effects.
Part 6 concerns environmental offsets, and Part 7 lists different financial mechanisms: environment protection bonds that could be a condition of an environmental approval; Environment protection levy and Environment protection funds.
The Act then continues under Part 8 outlining the discipline for environmental audits, environmental auditors and environmental practitioners. Part 9, Enforcement, identifies the subjects and measures to deal with environmental offences. Part 10 and 11 respectively lay down the discipline for civil and penal proceedings
Attached files
Web site
Long title of text
An Act to provide for the protection of the environment and for related purposes.
Entry into force notes
This Act enters into force on 28 June 2020.
Notes
Including amendments up to Statute Law Revision and Repeals Act 2019 (Act No. 33, 2019). As in force at 29 June 2020.
Repealed
No
Source language
English
Legislation Amendment
No
Implemented by