The Act establishes the Environmental Protection Agency as the lead regulator responsible for compliance and enforcement of environmental conditions including water, land, and noise pollution and rehabilitation.
The Environmental Protection Agency will be responsible for the compliance and enforcement of conditions imposed upon companies relating to the environment that may impact on native title lands impacted by coal and petroleum activities.
For further information please see the Second Reading Speech.
Relevant provisions:
s 2 Investigations by EPA and its officers in relation to petroleum offences
(1) Powers and other functions may also be exercised under Chapter 7 of this Act by the EPA (and by authorised officers appointed by the EPA) for the following purposes:
(a) for determining whether any petroleum offence has been or may be committed,
(b) for obtaining information or records for purposes connected with the institution of proceedings for petroleum offences,
(c) generally for the administration of this Schedule (and the provisions of this Act applied by this Schedule).
(2) The provisions of Chapter 7 of this Act apply for any such purpose:
(a) as if the responsibilities and functions of the EPA under this Act included the matters referred to in subclause (1), and
(b) as if references to the regulatory authority were references to the EPA.
(3) This clause does not affect the exercise of powers or other functions under Chapter 7 of this Act in relation to petroleum activities that are authorised to be exercised without reliance on the provisions of this Schedule.
s 3 Proceedings and penalty notices for petroleum offences
(1) Proceedings for petroleum offences may be instituted by the EPA under this Act.
(2) Parts 8.2 and 8.3 of this Act extend to proceedings for petroleum offences instituted by the EPA. The provisions of those Parts apply for that purpose as if references in those Parts to this Act or the regulations included a reference to the Act or regulations under which the petroleum offence arises.
(3) If a provision of Part 8.2 or 8.3 of this Act in relation to proceedings for a petroleum offence that are instituted under this clause is inconsistent with a provision of or made under the Act under which the petroleum offence arises, the provision of Part 8.2 or 8.3 prevails to the extent of the inconsistency.
(4) If under the Act or regulations under which a petroleum offence arises a penalty notice may be issued in respect of the offence:
(a) the petroleum offence is taken to be prescribed as a penalty notice offence under this Act, and
(b) the penalty payable under a penalty notice served under this Act in respect of the petroleum offence is the penalty prescribed under that other Act in respect of a penalty notice served under that other Act, and
(c) the officers authorised to serve a penalty notice under this Act in respect of the petroleum offence are the enforcement officers appointed by the EPA who are authorised under this Act to serve penalty notices in relation to scheduled activities, and accordingly Division 3 of Part 8.2 of this Act applies to any such penalty notice.
(5) This clause does not limit the authority of any other person or body to institute proceedings for petroleum offences or to issue penalty notices for petroleum offences.
s 6 Environmental audits in relation to petroleum activities
(1) The EPA may, by notice served on the holder of a petroleum authority, require the holder of the authority to undertake a mandatory environmental audit in accordance with Chapter 6 of this Act if:
(a) the EPA reasonably suspects:
(i) that the holder of the authority has on one or more occasions committed a petroleum offence in connection with activities to which a petroleum authority relates, and
(ii) that the offence has caused, is causing or is likely to cause, harm to the environment, or
(b) the EPA reasonably suspects that any petroleum activity has not been or is not being carried out by the holder of the authority in accordance with good environmental and engineering practice and any applicable work program to which it is subject.
(2) Chapter 6 (and Part 9.2) of this Act apply to a mandatory environmental audit requirement imposed under this clause. The requirement imposed on the holder of a petroleum authority under this clause is taken to be a condition of the authority.
(3) The holder of a petroleum authority may commission or carry out a voluntary environmental audit in accordance with Chapter 6 of this Act in connection with activities to which the petroleum authority relates.
(4) This clause does not prevent the imposition of a mandatory environmental audit requirement, or the commissioning or carrying out of a voluntary environmental audit, under any other Act under which a petroleum authority is granted or issued.