• EPA Tasmania
  • Assesment
  • Regulation & Assessment
  • Sustainability
  • Policy & Legislation

Level 1 activities

Duty of councils to prevent or control pollution

Section 20A of EMPCA requires councils to use their best endeavours to prevent or control pollution from activities that are not prescribed activities.

The section defines “prescribed activities” as

  • An activity that is a level 2 activity (i.e. it is included in Schedule 2 of EMPCA); and
  • An activity that is a level 3 activity in respect of which the council has not, by an order under section 26 of the State Policies and Projects Act 1993, been made responsible for the enforcement of conditions upon which the activity may proceed.

Such non-prescribed activities may include level 1 activities, defined by EMPCA as an activity that may cause environmental harm, and which require a permit under LUPAA (but not including a level 2 or level 3 activity).

There may also be non-prescribed activities that do not require a LUPAA permit, but which may also cause environmental harm, and the duty imposed by section 20A will also apply to such activities.

Below is a list of non-prescribed activities that Councils may consider in giving effect to section 20A.   Activities marked with an asterisk are non-prescribed if they do not meet or exceed the threshold set for that activity in Schedule 2 of EMPCA.

  • Abattoirs and slaughterhouses *
  • Abrasive blasting industries
  • Bitumen plants *
  • Building and development
  • Car wash stations
  • Catteries and kennels
  • Cemeteries and Crematoriums *
  • Ceramics and pottery *
  • Chemical manufacturing *
  • Chemical storage
  • Coal processing *
  • Commercial agriculture and aquaculture
  • Commercial cooling towers
  • Concrete batching plants
  • Concrete product manufacturers *
  • Crushing, grinding or milling *
  • Detailers
  • Distilleries and breweries *
  • Domestic heat pumps
  • Electrical industries
  • Events
  • Extractive industries and Quarries *
  • Fabricators and Engineering works
  • Fellmongers *
  • Firebreaks and back-burning
  • Fish processing *
  • Foundries *
  • Fresh produce processing *
  • Garden suppliers – soils and organics
  • General industries (e.g. transport sector)
  • Granite and Stone Masons
  • Intensive animal industries
  • Laundries and Dry Cleaners
  • Marinas and slipways
  • Mechanical workshops
  • Metal recovery
  • Metal surface coating
  • Milk and milk product manufacturers *
  • Mineral works *
  • Mining *
  • Mobile activities (e.g. Mobile Mechanics)
  • Nightclubs
  • On-site wastewater treatment systems
  • Organic resource recovery *
  • Panel Beaters and Spray Painters
  • Plastic product manufacturers
  • Powder coating premises
  • Printers
  • Rendering or fat extraction industries *
  • Service Stations
  • Sewer pump stations
  • Sporting facilities
  • Stevedoring
  • Tanneries *
  • Textile industries *
  • Tourism activities (e.g. jet ski, ferries)
  • Trade waste generators
  • Waste Landfill sites and Transfer Stations *
  • Waste transporters *
  • Wind turbines *
  • Wood product manufacturers *
  • Woodchip Mills *
  • Wool scourers *


Coordinator ​Local Government Engagement 
EPA Division, DPIPWE
134 Macquarie Street
Hobart TAS 7000
Phone: 03 6165 4599
Fax 03 6173 0254