An Act to amend the Protection of the Environment Operations Act 1997 to make provision in relation to programs to monitor the environmental impact of certain licensed activities.

1   Name of Act

This Act is the Protection of the Environment Operations Amendment (Environmental Monitoring) Act 2010.

2   Commencement

This Act commences on a day or days to be appointed by proclamation.

Schedule 1 Amendment of Protection of the Environment Operations Act 1997 No 156

[1]   Section 69 Conditions relating to schemes for economic measures and environmental monitoring programs

Insert at the end of section 69 (c):

  

or

(d)  environmental monitoring programs,

[2]   Section 69

Omit “or 9.3B”. Insert instead “, 9.3B or 9.3C”.

[3]   Part 9.3C

Insert after Part 9.3B:

  

Part 9.3C Environmental monitoring

295Y   Environmental monitoring programs

(1)  The EPA may, on its own initiative, and must, at the direction of the Minister, investigate the need for a program (referred to in this Part as an environmental monitoring program) to monitor the impact on the environment and human health of activities or works authorised or controlled by licences, including pollution resulting from those activities or works.

(2)  If, after completing an investigation, the EPA is satisfied that an environmental monitoring program is required, it may develop and implement such a program.

(3)  If a proposed environmental monitoring program relates to licensed activities or works within the portfolio responsibility of the Minister for Primary Industries or the Minister for Transport, the Minister is to consult with that Minister about the development and implementation of the proposed program.

(4)  The EPA may enter into an arrangement with a person or body in respect of the exercise, by the person or body on behalf of the EPA, of the EPA’s functions in relation to an environmental monitoring program.

(5)  The regulations may make provision for or with respect to environmental monitoring programs, including the requirements for the EPA to review and report on any such program.

(6)  The EPA is to obtain, and take into consideration, advice from one or more independent persons or bodies with relevant technical and health expertise as to the cost effectiveness of any environmental monitoring program.

295Z   Environmental monitoring levies

(1)  The regulations may require a specified licence holder, or a specified class of licence holders, to pay to the EPA a contribution towards the costs of environmental monitoring programs (referred to in this Part as an environmental monitoring levy).

(2)  The amount of the environmental monitoring levy (or the manner in which it is to be calculated) and other matters concerning its payment, including interest payable for late payment, are to be set out in the regulations.

(3)  An environmental monitoring levy is recoverable by the EPA as a debt in a court of competent jurisdiction.

(4)  For the purposes of this Part, the costs of environmental monitoring programs include:

(a)  the costs of investigating the need for, and the development, implementation, operation and administration of, environmental monitoring programs (including any costs incurred by the EPA before the commencement of this Part), and

(b)  payments by the EPA for services provided by a person or body exercising functions in relation to environmental monitoring programs on behalf of the EPA.

295ZA   Environmental Monitoring Fund

(1)  There is to be established in the Special Deposits Account an account called the Environmental Monitoring Fund (the Fund).

(2)  Money in the Fund is under the control of the EPA and can be expended by the EPA only for the purposes authorised by this section.

(3)  The following are to be paid into the Fund:

(a)  any environmental monitoring levy paid by a licence holder,

(b)  money advanced by the Treasurer for payment into the Fund,

(c)  the proceeds of investment of money in the Fund,

(d)  any gift or bequest of money for the purposes of the Fund,

(e)  any other money appropriated by Parliament for the purposes of the Fund or required by law to be paid into the Fund.

(4)  The following are to be paid out of the Fund:

(a)  the costs of environmental monitoring programs,

(b)  such other costs relating to environmental monitoring programs as the EPA directs to be paid out of the Fund,

(c)  the refund, in accordance with the regulations, of an environmental monitoring levy paid by a licence holder.

(5)  A separate account is to be established in the Fund for each environmental monitoring program.

(6)  The money in the Fund may be invested:

(a)  in the manner authorised by the Public Authorities (Financial Arrangements) Act 1987, or

(b)  if that Act does not confer power on the EPA to invest the money, in any other manner approved by the Treasurer.

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Protection of the Environment Operations Amendment (Environmental Monitoring) Act 2010 No 85. Assented to 1.11.2010. Date of commencement, 1.12.2010, sec 2 and 2010 (644) LW 26.11.2010.