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Environmental Management and Pollution Control (Environmental Infringement Notices) Regulations 2016

Overview

The Environmental Management and Pollution Control (Environmental Infringement Notices) Regulations 2016, also known as the EIN Regulations, specify on-the-spot fines for offences in the Environmental Management and Pollution Control Act 1994 (EMPCA) and related legislation. An on-the-spot fine is imposed by means of an infringement notice as an alternative to prosecution in court.

Infringement notice penalties, which are prescribed in Schedule 2 of the EIN Regulations, currently vary from two penalty units ($260) to 20 penalty units ($2,600).

The EIN Regulations 2016 took effect on 30 August 2016. They replace the expired EIN Regulations 2006.

Legislation Online

The EIN Regulations are available online at Tasmania’s The Law website.

Provisions

Schedule 2 of the EIN Regulations lists prescribed offences, and corresponding infringement notice penalties, for the following legislation:

The prescribed infringement offences for EMPCA include distinct offences for various types of environmental nuisance covered by section 53(2) of EMPCA.

Background

Section 67 of EMPCA provides that an authorised officer or council officer may serve an infringement notice on a person if satisfied that the person has committed a prescribed offence. Section 72 of EMPCA provides that regulations may prescribe offences and penalties for the purposes of section 67.

The Environmental Management and Pollution Control (Environmental Infringement Notices) Regulations 1996 were created in order to prescribe such infringement notice offences and penalties. The 1996 Regulations were remade in 2006 as the Environmental Management and Pollution Control (Environmental Infringement Notices) Regulations 2006. The 2006 Regulations expired on 30 August 2016 and were remade as the Environmental Management and Pollution Control (Environmental Infringement Notices) Regulations 2016.

Both the 2006 and 2016 Regulations were exempted from full regulatory impact assessment under the Subordinate Legislation Act 1992, as only minor amendments were made during each remaking. The most significant change in the 2016 Regulations was to remove penalties for noise offences from Schedule 2 and place them within Schedule 2 of the Environmental Management and Pollution Control (Noise) Regulations 2016.