Level 1 activities

​​​​The Environmental Management and Pollution Control Act 1994 (EMPCA) specifies the responsibilities of State and Local Government with respect to environmental regulation and management in Tasmania. 

Broadly, level 1 activities fall to local government to administer, and level 2 activities are typically the responsibility of the EPA to regulate. Level 3 activities refer to projects of State significance under the State Policies and Project Act 1993, and can have components regulated either by local or State Government. 

Level 1 activities are defined in EMPCA as "an activity which may cause environmental harm in respect of which a permit under the Land Use Planning and Approvals Act 1993 is required but does not include a level 2 activity or a level 3 activity". There may also be activities that do not require a LUPAA permit, but which may also cause environmental harm, and the duty imposed by section 20A will apply. 

​Duty of councils to prevent or control pollution

Section 20A of EMPCA specifies that: "In relation to activities other than prescribed activities, a council must use its best endeavours to prevent or control acts or omissions which cause or are capable of causing pollution".​

In some circumstances the EPA may decide, or be requested by councils, to exercise its powers in relation to a level 1 activity.

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 *​​