Environmental Management and Pollution Control Act 1994 (EMPCA)

2.1 The Act
2.2 Objectives
2.3 The Regulations
2.4 Environment Protection Policies

 

2.1 The Act

The Environmental Management and Pollution Control Act 1994 (EMPCA) is the primary environment protection legislation in Tasmania. It was developed in the early 1990s to replace the Environment Protection Act 1973. To view the Act see the Tasmanian Legislation web site: http://www.thelaw.tas.gov.au/ The Law - Tasmanian Legislation website. Use the search engine on this site to locate the Act.

The Environment Protection Act 1973 and the associated regulations, relied heavily on the "command and control" philosophy common to legislation of that era. EMPCA is based on the more modern concept of performance-based legislation, and includes a contemporary array of statutory tools to achieve its objectives.

The fundamental basis of EMPCA is the prevention, reduction and remediation of environmental harm. This is defined very broadly in section 5 of the Act as:

    "any adverse effect on the environment (of whatever degree or duration) and includes an environmental nuisance" (the latter is defined as 'the emission of a pollutant that unreasonably interferes with, or is likely to interfere with, a person's enjoyment of the environment')".

The clear focus of the Act is on preventing environmental harm from pollution and waste management. 

Since 1994, EMPCA has undergone two major reviews; a statutory review  as required by Section 108 , the other as required by the Tasmanian Legislation Review Program.   Both reviews have resulted in significant amendment, principally to improve the efficiency and effectiveness of the Act, or to more clearly deliver the intent of the legislation.

The principal decision-maker under the 1994 Act was the Board of Environmental Management and Pollution Control, supported by the Director of Environmental Management.   Amendments to the Act in July 2008 created the Environment Protection Authority, and replaced the EMPC Board with the Board of the Environment Protection Authority, headed by an independent Chairperson, and the Director, Environment Protection Authority.

The functions of the EPA Board are to administer and enforce the provisions of the Act, and in particular, to use its best endeavours to:  

    1. further the objectives of the Act

    2. ensure the prevention or control of any act or emission which causes or is capable of causing pollution 

    3. to advise the Minister, on the request of the Minister or at the discretion of the Board, on any matter that may significantly affect the achievement of the objectives of this Act;

    4. ensure that valuation, pricing and incentive mechanisms are considered in policy making and program implementation in environmental issues.

       

The Director EPA has a number of powers and functions, mostly associated with day-to-day administration and enforcement of the Act.

Finally, the Act provides a role for local government in the environmental management of small scale activities that could cause environmental harm, and enables Councils to appoint Council officers who have powers in relation to these activities.

    2.2 Objectives

    EMPCA is part of the Resource Management and Planning System of Tasmania (RMPS), established under the State Policies and Projects Act 1993. The RMPS comprises a suite of Acts with a common set of objectives based on the concept of sustainable development. These umbrella objectives form Part 1 of Schedule 1 to EMPCA, and are stated as:

      1. to promote the sustainable development of natural and physical resources and the maintenance of ecological processes and genetic diversity
      2. to provide for the fair, orderly and sustainable use and development of air, land and water
      3. to encourage public involvement in resource management and planning
      4. to facilitate economic development in accordance with objectives (a), (b) and (c)
      5. to promote the sharing of responsibility for resource management and planning between the different spheres of government, the community and industry in Tasmania.

    Part 2 of Schedule 1 of EMPCA sets out a more focussed set of objectives for the Environmental Management and Pollution Control System (EMPCS). The Part 2 objectives are to:

      1. protect and enhance the quality of the Tasmanian environment
      2. prevent environmental degradation and adverse risks to human and ecosystem health by promoting pollution prevention, clean production technology, reuse and recycling of materials and waste minimisation programs
      3. regulate, reduce or eliminate the discharge of pollutants and hazardous substances to air, land or water consistent with maintaining environmental quality
      4. allocate the costs of environmental protection and restoration equitably and in a manner which encourages the responsible use of, and reduces harm to, the environment, with polluters bearing the appropriate share of the costs that arise from their activities
      5. require persons engaging in polluting activities to make progressive environmental improvements, including reductions of pollution at source, as such improvements become practicable through technological and economic development
      6. provide for the monitoring and reporting of environmental quality on a regular basis
      7. control the generation, storage, collection, transportation, treatment and disposal of waste with a view to reducing, minimising and, where practicable, eliminating harm to the environment
      8. adopt a precautionary approach when assessing environmental risk to ensure that all aspects of environmental quality, including ecosystem sustainability and integrity and beneficial uses of the environment, are considered in assessing, and making decisions in relation to, the environment
      9. facilitate the adoption and implementation of standards agreed upon by the State under inter-governmental arrangements for greater uniformity in environmental regulation
      10. promote public education about the protection, restoration and enhancement of the environment
      11. coordinate all activities as are necessary to protect, restore or improve the Tasmanian environment.

    All decision makers under the Act are required to further the RMPS objectives through having regard to, and taking action to ensure the fulfilment of, the EMPCS objectives.

     

    These objectives are comparable with the objectives of other contemporary Australian and international environmental legislation.

     

     

    2.3 The Regulations

    The following regulations have been made under section 102 of EMPCA:

    Environmental Management and Pollution Control (Distributed Atmospheric Emissions) Regulations 2007 (S.R. 2007, No. 67)

    Environmental Management and Pollution Control (Environmental Infringement Notices) Regulations 2006 (S.R. 2006, No. 83)

    Environmental Management and Pollution Control (General Fees) Regulations 2007 (S.R. 2007, No. 115)

    Environmental Management and Pollution Control (Miscellaneous Noise) Regulations 2004 (S.R. 2004, No. 50)

    Environmental Management and Pollution Control (Waste Management) Regulations 2000 (S.R. 2000, No. 218)

     

     

     

    2.4 Environment Protection Policies

    In 2000, EMPCA was amended to provide for the making, amendment and review of Environment Protection Policies (EPPs).

    EPPs are designed specifically to give effect to the objectives of EMPCA. EPPs will define clear environmental objectives with programs to achieve them. They are designed to be outcome-oriented as opposed to regulations which simply set prescriptive rules.

    The following draft EPPs have been prepared and released for public comment, and have been assessed by the EPP Review Panel established under s.96A of EMPCA:

    The following EPPs have been made by the Governor on the recommendation of the Minister in accordance with section 96K of EMPCA.