Another act under which the above issue can be dealt with is the Environment Protection Act 1994. The main objective of this Act is to protect the environment of Queensland so that the total quality of life can be improved for the present and the future generations. IT also aims to provide protection and maintenance of the ecosystems, which is very vital for life. The act gives high amount of respect to sustainable development of ecology. It implements the program in 4 phases:- Phase 1 – defining certain environmental objectives Phase 2 – developing environmental strategies
Phase 3 – implementing them as environment plans and ensuring resources are adequately managed. Phase 4 – monitoring and evaluation of the environmental strategies. The act also closely deals and aims to protect the environment from contamination. The contaminant that could be considered includes gases, liquids, biological, solids, radioactive, combination, etc. It particularly deals with waste management in commercial, domestic and industrial settings. An substance released inadvertently causing an adverse effect on the environment could be considered as an environment harm, and as an infringement under the Act.
The harm may arise as a result of direct or indirect effect of the activity. The act is binding on the state government, and local bodies. The operation of the Act does not act as a limit to any other act, and usually the Act would prevail over other acts in case of a conflict (as the state gives priority to the environment). The state ministry can make policies so that the operation of the Act can be improved. The act can apply to any portion of the environment. As per the EPA 1994, the Act would also help to protect the owner or the occupier.
If the owner or the occupier becomes aware that contamination of the environment is caused, he has to inform the authorities within 22 business days by giving a notice to the authorities. In case he does not give a notice to the authorities, the owner could be fined. Under the Act, the owner can be given a notice that a notifiable act is being carried out. The contents of the notice are almost similar to that mentioned under the notice of the PHA 2005. Any person who is conducting an investigation on the land must take the consent of the owner.
Under the Act, the owner would be responsible for any contamination to the environment if it occurs. However, the occupier can make decisions instead of the land owner. Another Act that would apply in this particular situation is the Local Government Act 1993. The Act is there to cultivate an environmentally responsible behaviour in Queensland and New South Wales. The Act permits the government to take adequate steps to improve the health and fulfil the needs of the local communities. Under the Local Government Act 1993, the local government has several roles including:- Framing the local laws Administrative role Enforcing local laws
According to the Queensland LGA 1993, there are about 12 local laws and 20 subordinate laws. The local laws would apply to that particular area that the local government has jurisdiction over. The local government has to frame laws from one place to another, has an administrative role and has to also enforce the local laws. Local Law no. 5 or Subordinate Local Law no. 7. 1 is concerned with public health. According to this law, the government has to issue a notice to the owner of the property to remove any public health risk. The owner has to immediately comply with the order, failing which a penalty would apply.