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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 found in legislation related to the Environmental Management and Pollution Control Act 1994 (EMPCA). 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 3 of the EIN Regulations, currently vary from four penalty units ($652) to 20 penalty units ($3,260). Based on the 2018-19 value of one penalty unit = $163.

Penalty Units are changed at the start of each financial year (1 July) and the current value for penalty units is published on the Justice Department website.

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 the Tasmanian Legislation website.

Provisions

Schedule 3 of the EIN Regulations lists prescribed offences, and corresponding infringement notice penalties, for the following legislation:

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.

A policy decision has been made to relocate penalty provisions into the regulations that they relate to. As such, noise offences from Schedule 2 were removed and placed within Schedule 2 of the Environmental Management and Pollution Control (Noise) Regulations 2016.

Subsequent amendments to the EIN Regulations have seen the removal of penalties relating to the following Acts into the Environmental Management and Pollution Control (General) Regulations 2017:

The penalties that related to the now expired Environmental Management and Pollution Control (Distributed Atmospheric Emissions) Regulations 2007 have been moved into their replacement regulations – the Environmental Management and Pollution Control (Smoke) Regulations 2019.  (Note:  these regulations have not yet been made but are due to come into effect in late June 2019).

 

Environmental Policy and Support Services Section
EPA Tasmania, DPIPWE
134 Macquarie Street
Hobart TAS 7000
Phone: 03 6165 4599  Fax: 03 6173 0254
Email: Enquiries@epa.tas.gov.au