Purpose:

The legislation provides for the protection and management of the Northern Territory’s environment, promoting ecologically sustainable development and involving the community in environmental decision-making.

Objectives:

• To protect the environment of the Territory.
• To promote ecologically sustainable development to maintain or improve the wellbeing of the Territory’s people without adverse environmental impact.
• To recognise the role of environmental impact assessment and environmental approval in promoting environmental protection and management.
• To recognise the role of environmental licensing of mining activities in promoting environmental protection and management.
• To provide for broad community involvement during environmental impact assessment, environmental approval, and environmental (mining) licensing processes.
• To recognise the role of Aboriginal people as stewards of their country and the importance of their participation in environmental decision-making processes.

Key Provisions:

• Establishment of principles of ecologically sustainable development to guide decision-making.
• Declaration of environmental objectives and referral triggers for environmental assessment.
• Declaration of protected environmental areas and prohibited actions.
• Requirement for environmental impact assessment processes for proposed actions or strategic proposals with potential significant environmental impact.
• Provision for granting, amending, transferring, suspending, and revoking environmental approvals.
• Establishment of environmental (mining) licensing for mining activities, including specific obligations for title holders and mining operators.
• Imposition of general obligations for environmental care, site management, and environmental protection management systems for all activity sites.
• Provision for environmental offsets to compensate for residual adverse environmental impacts.
• Establishment of financial provisions including environment protection bonds, mining security, and environment protection levies.
• Requirements for environmental audits and registration of environmental auditors and practitioners.
• Enforcement powers, including the issuance of environment protection notices, stop work notices, and monitoring and management notices.
• Provisions for chain of responsibility in relation to high-risk entities and petroleum activities.
• Framework for closure certificates for actions and mining activities.
• Duty to notify, record, and report environmental incidents.
• Provisions for civil and criminal proceedings for contraventions, including penalties and court orders for remediation.

Evidence of Compliance Requirements For Agricultural Organisations:

• General Duty of Proponents:
  • Provide communities with information and opportunities for consultation to understand proposed actions, impacts, and benefits.
  • Consult with affected communities, including Aboriginal communities, in a culturally appropriate manner.
  • Seek and document community knowledge and understanding (scientific and traditional) of natural and cultural values that may be impacted.
  • Address Aboriginal values and the rights and interests of Aboriginal communities.
  • Consider principles of ecologically sustainable development in the design of proposed actions.
  • Apply the environmental decision-making hierarchy in the design of proposed actions.
  • Consider the waste management hierarchy in the design of proposed actions.
• Referral of Proposed Action:
  • Proponent must refer a proposed action to the NT EPA for assessment if it has the potential to have a significant impact on the environment or meets a referral trigger.
• Notification or Referral of Significant Variations:
  • Proponent must give notice to the NT EPA of any proposed significant variation to a proposed action or strategic proposal.
  • Approval holder must refer a proposed significant variation of an action or strategic proposal to which the environmental approval applies to the NT EPA for assessment.
• Compliance with Call-in Notice:
  • Comply with a written request from the NT EPA to refer an action or give notice of a significant variation within the time specified in the notice.
• Compliance with Environmental Approval Conditions:
  • Approval holder must comply with all conditions of the environmental approval.
  • Comply with conditions that apply after an action is completed, including requirements for rehabilitation, ongoing monitoring, management, and reporting.
  • Provide an environment protection bond in the amounts or values and at the times required by written notice from the Minister.
  • Pay an environment protection levy as required.
  • Report to the CEO on compliance with the environmental approval and other Act requirements, in the manner and at the times specified in the approval.
  • Publish compliance reports as directed by the CEO.
• Requirement for Approval Notice:
  • A person must not take any action under an environmental approval granted following a strategic assessment unless an approval notice has been issued for that action.
• Obligations on Revocation or Suspension of Approval:
  • If an environmental approval is revoked or suspended, the person who was the approval holder must continue to manage the site to minimise or remediate environmental impacts.
  • Continue to comply with obligations relating to rehabilitation of the environment.
  • Continue any necessary environmental monitoring, management, and reporting obligations at the site.
• Application for Transfer of Environmental Approval:
  • The proposed transferee must apply to the Minister in the approved form, accompanied by any required information and the prescribed fee.
  • The transferee must agree in the application to perform any obligation imposed on the approval holder under the Act or the environmental approval.
• General Obligation to Take Care of Environment:
  • Every person on an activity site has an obligation to take care of the environment.
• Obligations in Respect of Site:
  • Comply with instructions and procedures included in the environment protection management system for the site.
  • Follow all reasonable directions given by a person with a duty to give directions about preventing environmental harm.
  • Not interfere with or misuse anything provided on an activity site for environment protection.
• Obligations of Operator – Management System:
  • Establish and maintain an appropriate management structure of competent persons for the site.
  • As far as practicable, ensure that workers on the site are competent to perform their duties.
  • Establish, implement, and maintain an environment protection management system appropriate to the nature, scale, and environmental impacts of the regulated action.
  • Provide adequate resources for the implementation and maintenance of the environment protection management system.
  • Ensure, by regular assessment, that the environment protection management system operates effectively.
  • Display any environmental approval or environmental (mining) licence applying to the activity site in a prominent place and make it available to contractors or workers on request.
• Consultation and Cooperation for Environment Care:
  • Operator must facilitate consultation and cooperation between the operator, contractors, and workers in initiating, developing, and implementing environment protection measures for the environment protection management system.
• Obligations of Worker:
  • Keep informed about and comply with work instructions and procedures included in the environment protection management system.
  • As soon as practicable, report to the operator (or contractor if employed by a contractor) the occurrence of an incident required to be reported or recorded or a situation believed to present an environmental risk.
• Obligations of Contractor (who is not a worker):
  • Ensure that the provisions of the Act and the environment protection management system for the activity site are complied with to the extent they relate to the work performed or service provided by the contractor.
  • As soon as practicable, report to the operator the occurrence of an incident required to be reported or recorded, a situation believed to present an environmental risk, and any matter reported by a worker.
• Entry to Land for Compliance:
  • If entering land or premises not owned/occupied or without right of access to comply with an environmental approval condition: Give at least 10 business days prior written notice to the owner or occupier. In an emergency, give oral notice as soon as possible, followed by written notice within 10 business days. Notice must inform owner/occupier of prescribed matters. Do not enter residential premises without consent.
• Notice to CEO of Entry:
  • Give written notice to the CEO at least 10 business days before entry to land or premises (for compliance with conditions of environmental approval/mining licence or environment protection notice). In an emergency, give oral notice as soon as possible, followed by written notice within 10 business days. Notice must inform CEO of prescribed matters.
• Duties on Entry:
  • When entering land or premises for compliance, take reasonable steps to minimise disruption to the owner or occupier.
  • Do not remain on the land or premises any longer than is reasonably necessary.
• Environmental Audit Requirements:
  • If directed by the CEO (e.g., due to suspected contravention or greater environmental impacts), cause an environmental audit to be carried out by a qualified person.
  • The qualified person must provide a report on the environmental audit to the CEO as required.
  • Provide all relevant information to the qualified person carrying out the audit if directed.
  • Submit declarations with the audit report: the person directed to obtain the audit must certify no false/misleading information was knowingly provided and all relevant information was provided; the qualified person must certify accuracy, no false/misleading information knowingly included, and no relevant information knowingly omitted.
  • Retain prescribed documents relating to an environmental audit for 5 years, or a period prescribed by regulation, or a period (not exceeding 10 years) determined by the CEO.
  • Produce retained documents if directed by the CEO.
• Compliance with Directions by Environmental Officer:
  • Comply with directions to take action to prevent, minimise, manage, or remediate environmental harm within a specified time and by a specified method.
  • Comply with directions to cease taking any action that may impact the environment.
  • Comply with directions to take photographs, make sketches, records, or recordings, or measure or take samples, and provide these to the environmental officer or nominee within a specified time.
• Compliance with Environment Protection Notices:
  • Comply with all requirements of an environment protection notice issued by the CEO, including cease work requirements, restrictions on activities, requirements to undertake specified activities, prepare/comply with plans for environmental harm prevention/minimisation/management/remediation/rehabilitation, undertake tests or environmental monitoring, submit specified reports, or appoint/engage qualified persons.
• Notice by Owner/Occupier of Land (Environment Protection Notice):
  • If an environment protection notice is recorded on the land register, and the person ceases to own or occupy the land, they must give written notice to the CEO as soon as practicable, stating the name and address of the new owner or occupier.
• Compliance with Monitoring and Management Notices:
  • Comply with all requirements of a monitoring and management notice issued by the CEO, including taking specified investigation and monitoring action, preparing a management plan, taking specified management action, reporting on specified matters in a specified form at specified times, arranging environmental audits, or appointing/engaging qualified persons.
• Notice by Owner/Occupier of Land (Monitoring and Management Notice):
  • If a monitoring and management notice is recorded on the land register, and the person ceases to own or occupy the land, they must give written notice to the CEO as soon as practicable, stating the name and address of the new owner or occupier.
• Application for Action Closure Certificate:
  • Approval holder may apply to the Minister after completing rehabilitation, remediation, and closure requirements of the environmental approval.
  • Submit application in the approved form containing prescribed information.
  • Provide any further information required by the Minister to determine the application.
• Compliance with Enforceable Undertakings:
  • If an enforceable undertaking is accepted by the CEO, the specified person must comply with its terms (e.g., carry out specified remediation or rehabilitation work, or other specified acts).
• Duty to Notify Notifiable Incidents:
  • A specified person (e.g., approval holder, mining operator, site owner/occupier, qualified person) who observes or becomes aware of a notifiable incident must notify the CEO and provide prescribed information.
  • Notification must be given as soon as practicable (and in any case within 24 hours) after observing or becoming aware of the incident.
  • Notification must comply with prescribed manner and form requirements.
• Recording of Notifiable Incidents:
  • Approval holder or mining operator must record all notifiable incidents as soon as practicable after the incident occurs.
  • The record must comply with requirements prescribed by regulation.
  • Records must be made available at the activity site for inspection by an environmental officer.
• Reporting of Notifiable Incidents:
  • If directed by the CEO, the approval holder or mining operator must prepare a report of all notifiable incidents and give it to the CEO in accordance with the direction.
  • The report must include information required by the CEO’s direction and section 229A.
• Recording of Recordable Incidents:
  • The operator of a site must record recordable incidents as soon as practicable after the incident occurs.
  • The record must comply with requirements prescribed by regulation.
  • Records must be made available at the site for inspection by an environmental officer.
• Reporting of Recordable Incidents:
  • If directed by the CEO, the operator of a site must prepare a report of all recordable incidents and give it to the CEO in accordance with the direction.
  • The report must include information required by the CEO’s direction and section 229C.
• Compliance with Directions for Remediation or Rehabilitation:
  • If directed by the CEO (as an alternative to criminal proceedings), take specified steps to remediate environmental harm or rehabilitate the environment.
  • If directed, publicise the contravention and its environmental impact in a specified manner.
• Compliance with Direction Notices to Provide Information:
  • Proponent or approval holder must provide information as directed by the Minister via Gazette notice.
  • Information must relate to specified periods, be collected using required methodology, and reported using required methods, and provided to the person specified in the notice.
• Prohibition on Providing False or Misleading Information:
  • Do not intentionally give false or misleading information or documents to the Minister, CEO, NT EPA, an environmental officer, or a qualified person acting in an official capacity.
  • If a document contains misleading information, draw the misleading aspect to the relevant person’s attention and provide necessary information to remedy it.
• Liability as Occupier or Owner:
  • Occupiers and owners of land must take reasonable steps and exercise due diligence to prevent specified environmental offences from occurring on the land.

Metadata Keywords:

Environment Protection, Northern Territory, Environmental Impact Assessment, Environmental Approval, Mining, Licensing, Compliance, Regulation, Ecologically Sustainable Development, Environmental Management

Publication Information:

Publication date: 2019 Version number: As in force at 1 July 2024

Agricultural Industry Alignment:

All listed agricultural industries, as any large-scale activity within these industries that has the potential for significant environmental impact, or constitutes a project, development, undertaking, activity or series of activities, or works, would be considered an ‘action’ and fall under the scope of this legislation.

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://legislation.nt.gov.au/api/sitecore/Act/PDF?id=12380 →