Statute Law Amendment (Territory Economic Reconstruction) Act 2021 (Act. No. 19 of 2021)

NORTHERN TERRITORY OF AUSTRALIA STATUTE LAW AMENDMENT (TERRITORY ECONOMIC RECONSTRUCTION) ACT 2021 Act No. 19 of 2021 Table of provisions Part 1 Preliminary matters 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 2 Part 2 Amendment of Associations Act 2003 3 Act amended ................................................................................... 2 4 Section 4 amended (Definitions) ...................................................... 2 5 Section 5 amended (Commissioner may exempt etc.) .................... 2 Part 3 Amendment of commercial transport legislation Division 1 Commercial Passenger (Road) Transport Act 1991 6 Act amended ................................................................................... 3 7 Section 3 amended (Interpretation) ................................................. 3 8 Section 38DA inserted ..................................................................... 4 38DA Substitute minibus licence Division 2 Minibus Regulations 1998 9 Regulations amended ...................................................................... 4 10 Schedule amended (Fees) .............................................................. 4 Division 3 Consumer Affairs and Fair Trading (Tow Truck Operators Code of Practice) Regulations 1996 11 Regulations repealed ....................................................................... 5 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 ii Part 4 Amendment of consumer affairs (motor vehicle dealers) legislation Division 1 Consumer Affairs and Fair Trading Act 1990 12 Act amended ................................................................................... 5 13 Section 4 amended (Interpretation) ................................................. 5 14 Section 9 amended (Other powers of Commissioner) ..................... 5 15 Section 125 amended (Definitions for purposes of Part 10) ............ 6 16 Section 132 amended (Application for licence) ................................ 6 17 Section 141 amended (Annual fee and return) ................................ 6 18 Section 155 replaced ....................................................................... 7 155 Register of Motor Vehicle Dealers 19 Section 158 amended (Details to be entered in dealings register) ........................................................................................... 7 20 Section 159 amended (Seller to supply information to dealer) ........ 8 21 Section 160 amended (Contract for sale of second-hand vehicle to be in prescribed form) ...................................................... 8 22 Section 165 amended (Roadworthiness on sale of vehicle) ............ 9 23 Section 169 amended (Exclusions from duty to repair) ................... 9 24 Section 172 amended (Authority required by dealer for sale of motor vehicle on consignment) ........................................................ 9 25 Section 244 amended (Interpretation) ........................................... 10 26 Section 268 amended (Commissioner to keep register of licences) ........................................................................................ 10 Division 2 Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations 1992 27 Regulations amended .................................................................... 10 28 Regulation 3 amended (Interpretation) .......................................... 10 29 Regulation 6 amended (Forms) ..................................................... 11 30 Regulation 8 amended (Date of payment of annual licence fee) ................................................................................................ 11 31 Regulation 9 repealed (Register of Motor Vehicle Dealers) ........... 11 32 Regulation 11 replaced .................................................................. 12 11 Requirements for certain contracts and documents 33 Regulation 12 amended (Dealers managers) ................................ 12 34 Regulation 14 amended (Approval of manager) ............................ 13 35 Schedule 1 amended (Fees) ......................................................... 13 36 Schedules 2 and 3 replaced .......................................................... 14 Schedule 2 Warnings Part 5 Amendment of Crown lands legislation Division 1 Crown Lands Act 1992 37 Act amended ................................................................................. 14 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 iii 38 Section 50 replaced ....................................................................... 15 50 Re-appraisement of rent 39 Part 10 inserted ............................................................................. 16 Part 10 Transitional matters for Statute Law Amendment (Territory Economic Reconstruction) Act 2021 109 Definitions 110 Transition of 10 year rent re-appraisement Division 2 Crown Lands Regulations 1992 40 Regulations amended .................................................................... 16 41 Regulations 5 and 6 repealed ........................................................ 16 Part 6 Amendment of environment protection (beverage containers and plastic bags) legislation Division 1 Environment Protection (Beverage Containers and Plastic Bags) Act 2011 42 Act amended ................................................................................. 17 43 Section 4 amended (Definitions) .................................................... 17 44 Section 10 amended (CDS established) ........................................ 19 45 Section 11 amended (Waste management arrangements generally) ....................................................................................... 19 46 Section 13 replaced ....................................................................... 20 13 Supply of regulated container to beverage retailer 47 Part 2, Division 5 heading amended (Delivery, acceptance and refund amounts) ............................................................................ 21 48 Section 18 amended (Acceptance of empty approved containers by operator of collection depot) .................................... 21 49 Sections 20A and 20B inserted ..................................................... 22 20A Disposal of accepted container 20B Accepted container becoming unsuitable for recycling or reuse 50 Section 21 amended (Making application) ..................................... 25 51 Section 23 amended (Deciding application) .................................. 25 52 Section 23A amended (Approval of waste management arrangement) ................................................................................. 25 53 Section 24 amended (Conditions of CDS approval generally) ....... 25 54 Section 24A repealed (Conditions of supply approval) .................. 25 55 Section 24C amended (Conditions of coordinator approval) ......... 26 56 Section 25 amended (Notice of decision on application) ............... 26 57 Part 2, Division 6, Subdivision 4, heading and sections 42 to 44 replaced .................................................................................... 27 Division 6A Registration as CDS supplier Subdivision 1 Application process for registration as CDS supplier Statute Law Amendment (Territory Economic Reconstruction) Act 2021 iv 41A Making application 41B NT EPA may require further information 41C Deciding application 41D Conditions of registration 41E Notice of decision 41F Duration of registration 41G Renewal of registration 41H Variation of conditions of registration 41J Surrender of registration Subdivision 2 Suspension and cancellation of registration 41K Grounds for suspending or cancelling registration 41L Suspension or cancellation of registration Subdivision 3 Administrative matters 41M Registration certificate 41N Register 41P Notice of change of details Division 6B Miscellaneous matters 42 Contravention of condition 43 Keeping records of CDS activities 44 Annual returns 58 Section 49 amended (Minister or NT EPA may establish targets for reuse, recycling or other disposal of approved containers) ..................................................................................... 34 59 Section 49A inserted ..................................................................... 35 49A Guidelines 60 Section 72 amended (Power to require CDS approval holder to produce document) .................................................................... 36 61 Part 8 inserted ............................................................................... 37 Part 8 Transitional matters for Statute Law Amendment (Territory Economic Reconstruction) Act 2021 105 Definitions 106 Supply approval holder taken to be registered 107 Application for supply approval 108 Approval of supplier arrangement 62 Act further amended ...................................................................... 39 Division 2 Environment Protection (Beverage Containers and Plastic Bags) Regulations 2011 63 Regulations amended .................................................................... 39 64 Regulation 2D amended (Approved refund marking) .................... 39 65 Schedule amended (Infringement notice offences and prescribed amounts) ...................................................................... 40 Part 7 Amendment of Food Act 2004 66 Act amended ................................................................................. 40 67 Section 6 amended (Definitions) .................................................... 40 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 v 68 Section 36 amended (Reports by enforcement agencies) ............. 41 69 Section 71 amended (Application to register food business) ......... 41 70 Section 72A inserted ..................................................................... 41 72A Time for decision to grant or refuse registration 71 Section 92 amended (Compliance with Food Standards Code) .... 42 72 Section 93 amended (Certificate of analysis) ................................ 42 73 Section 94 replaced ....................................................................... 43 94 Approval of individuals or organisations to carry out analyses 74 Section 96 amended (Approved analyst to give notice of certain interests) ............................................................................ 43 75 Section 97 amended (Variation of conditions or suspension or cancellation of approval of approved analyst)................................ 44 76 Section 119 amended (Presumptions) .......................................... 45 Part 8 Amendment of Gaming Control (Licensing) Regulations 1995 77 Regulations amended .................................................................... 45 78 Regulation 9 amended (Duration and renewal of licence) ............. 45 Part 9 Amendment of Liquor Act 2019 79 Act amended ................................................................................. 46 80 Section 130 amended (Operating identification system) ............... 46 Part 10 Amendment of Pastoral Land Act 1992 81 Act amended ................................................................................. 47 82 Section 82 amended (Temporary closure of access) .................... 47 83 Section 83 amended (Closure for rehabilitation and conservation purposes) ................................................................. 47 84 Section 87A amended (Public notice of application) ...................... 48 Part 11 Amendment of Place Names Act 1967 85 Act amended ................................................................................. 48 86 Section 10 amended (Meetings of the Committee) ........................ 48 87 Section 11A amended (Delegation) ............................................... 49 Part 12 Amendment of planning legislation Division 1 Planning Act 1999 88 Act amended ................................................................................. 49 89 Section 47 amended (Public notice of development application) .................................................................................... 49 90 Section 47C repealed (Development application requiring only local notice) ................................................................................... 50 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 vi 91 Section 64 amended (Service easements) .................................... 50 92 Section 93 amended (Chair may appoint member to act in another Division) ............................................................................ 50 93 Section 139 amended (Service of notices and other documents) .................................................................................... 50 94 Section 139A amended (Electronic publication) ............................ 51 Division 2 Planning Regulations 2000 95 Regulations amended .................................................................... 51 96 Regulation 6A amended (Notices and signs) ................................. 51 97 Regulation 6B amended (Removing sign during submission period) ........................................................................................... 52 98 Regulation 7 amended (Developments with 28-day minimum submission period) ........................................................................ 52 99 Regulation 8B repealed (Development application requiring only local notice) ............................................................................ 52 Part 13 Amendment of Territory parks and wildlife conservation legislation Division 1 Territory Parks and Wildlife Conservation Act 1976 100 Act amended ................................................................................. 52 101 Section 17 amended (Mining, works, forestry, etc. in parks, reserves and wilderness zones) .................................................... 52 102 Sections 21A to 21G inserted ........................................................ 53 21A Use and development of land 21B Application for authorisation 21C Factors relevant to authorisation 21D Terms and conditions of authorisation 21E Variation of authorisation 21F Cancellation of authorisation 21G Transfer of authorisation Division 2 Territory Parks and Wildlife Conservation By-laws 1984 103 By-laws amended .......................................................................... 56 104 By-law 18 amended (Disturbance of natural features) ................... 56 Part 14 Amendment of waste management and pollution control legislation Division 1 Waste Management and Pollution Control Act 1998 105 Act amended ................................................................................. 56 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 vii 106 Section 42 amended (Annual fee) ................................................. 57 107 Section 45 amended (Suspension and cancellation of licences) ........................................................................................ 57 Division 2 Waste Management and Pollution Control (Administration) Regulations 1998 108 Regulations amended .................................................................... 57 109 Regulation 5 replaced .................................................................... 58 5 Exemption, waiver or refund of fees Part 15 Amendment of water legislation Division 1 Water Act 1992 110 Act amended ................................................................................. 58 111 Section 4 amended (Interpretation) ............................................... 58 112 Section 5 amended (Declarations of waterways) ........................... 58 113 Section 20 amended (Power to enter land and take action) .......... 59 114 Section 33B amended (Requirements for remediation notice) ...... 59 115 Section 38 amended (Notice where private land disturbed) .......... 59 116 Section 45 amended (Licence to take water) ................................. 59 117 Section 51 amended (Surrender of licence) .................................. 60 118 Section 60 amended (Grant of licence to take groundwater) ......... 60 119 Section 60A amended (Licence to take groundwater for hydraulic fracturing) ....................................................................... 60 120 Section 71B amended (Notice of intention to make water extraction licence decision)............................................................ 61 121 Section 71C amended (Making water extraction licence decision) ........................................................................................ 61 122 Section 71D amended (Notice of water extraction licence decision) ........................................................................................ 61 123 Section 71E amended (Notice of substituted or varied water extraction licence decision)............................................................ 62 124 Part 6B inserted ............................................................................. 62 Part 6B Development of land for subsequent licences 71F Application by developer 71G Granting licence to developer 71H Granting subsequent licences 71J Trading entitlements to water 71K Transfer of land 71L Breach of licence 125 Section 74 amended (Grant of waste discharge licence) .............. 65 126 Section 95 replaced ....................................................................... 66 95 Registers 127 Section 108 amended (Regulations) ............................................. 66 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 viii Division 2 Water Regulations 1992 128 Regulations amended .................................................................... 66 129 Regulation 3 amended (Applications and forms) ........................... 66 130 Regulation 5 amended (Water investigation permit) ...................... 67 131 Regulation 6 amended (Permit to interfere with waterway) ........... 67 132 Regulation 15 replaced .................................................................. 68 15 Renewal of permits and licences 133 Regulation 17 amended (Register of water extraction licences) .... 69 134 Regulation 19 amended (Infringement notice offence and prescribed amount payable) .......................................................... 69 135 Schedule replaced ......................................................................... 70 Schedule Infringement notice offences, environmental offence levels and prescribed amounts Part 16 Repeal of Act 136 Repeal of Act ................................................................................. 71 Schedule Environment Protection (Beverage Containers and Plastic Bags) Act 2011 further amended NORTHERN TERRITORY OF AUSTRALIA Act No. 19 of 2021 A Bill for an Act to amend the Associations Act 2003, the Commercial Passenger (Road) Transport Act 1991, the Consumer Affairs and Fair Trading Act 1990, the Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations 1992, the Crown Lands Act 1992, the Environment Protection (Beverage Containers and Plastic Bags) Act 2011, the Environment Protection (Beverage Containers and Plastic Bags) Regulations 2011, the Food Act 2004, the Gaming Control (Licensing) Regulations 1995, the Liquor Act 2019, the Minibus Regulations 1998, the Pastoral Land Act 1992, the Place Names Act 1967, the Planning Act 1999, the Planning Regulations 2000, the Territory Parks and Wildlife Conservation Act 1976, the Territory Parks and Wildlife Conservation By-laws 1984, the Waste Management and Pollution Control Act 1998, the Waste Management and Pollution Control (Administration) Regulations 1998, the Water Act 1992 and the Water Regulations 1992 and to repeal the Consumer Affairs and Fair Trading (Tow Truck Operators Code of Practice) Regulations 1996, to implement certain recommendations of the Territory Economic Reconstruction Commission and for related purposes [Assented to 31 August 2021] [Introduced 13 May 2021] The Legislative Assembly of the Northern Territory enacts as follows: Part 1 Preliminary matters 1 Short title This Act may be cited as the Statute Law Amendment (Territory Economic Reconstruction) Act 2021. Part 2 Amendment of Associations Act 2003 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 2 2 Commencement (1) Subject to subsection (2), this Act commences on the day fixed by the Administrator by Gazette notice. (2) If a provision of this Act does not commence before 1 May 2023, it commences on that day. Part 2 Amendment of Associations Act 2003 3 Act amended This Part amends the Associations Act 2003. 4 Section 4 amended (Definitions) Section 4, at the end insert Note for section 4 The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act. 5 Section 5 amended (Commissioner may exempt etc.) (1) Section 5(1) omit all words from "may, on the" to "section:" insert may: (2) Section 5(1)(b) omit the association or an officer of the insert an incorporated association or an officer of an incorporated Part 3 Amendment of commercial transport legislation Division 1 Commercial Passenger (Road) Transport Act 1991 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 3 (3) After section 5(1) insert (1A) The power under subsection (1) may be exercised: (a) on the Commissioner's own initiative; or (b) on the application of an incorporated association, an officer of an incorporated association or a person authorised by an incorporated association to make an application under this section. (4) Section 5(2) omit the application insert an extension or exemption under subsection (1) Part 3 Amendment of commercial transport legislation Division 1 Commercial Passenger (Road) Transport Act 1991 6 Act amended This Division amends the Commercial Passenger (Road) Transport Act 1991. 7 Section 3 amended (Interpretation) Section 3(1) insert substitute minibus licence means a licence issued under section 38DA. Part 3 Amendment of commercial transport legislation Division 2 Minibus Regulations 1998 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 4 8 Section 38DA inserted After section 38D insert 38DA Substitute minibus licence (1) An accredited operator of a minibus licence may apply to the Director for a substitute minibus licence for an approved motor vehicle to be used as a minibus during periods when the licensed minibus is being serviced, maintained or repaired or is for any other reason unavailable for use. (2) An application under subsection (1) must be in the approved form and accompanied by the prescribed fee (if any). (3) The Director may require an applicant for a substitute minibus licence to provide further information. (4) The Director may issue a substitute minibus licence, subject to subsection (5) and any other conditions the Director considers appropriate. (5) It is a condition of every substitute minibus licence that, except as otherwise authorised by the Director, the motor vehicle in respect of which the licence is granted is not to be used as a minibus unless it has affixed to it the identification plate or plates approved by the Director under this Act. Division 2 Minibus Regulations 1998 9 Regulations amended This Division amends the Minibus Regulations 1998. 10 Schedule amended (Fees) Schedule, after item 1A insert 1B Application for substitute minibus licence $300 Part 4 Amendment of consumer affairs (motor vehicle dealers) legislation Division 1 Consumer Affairs and Fair Trading Act 1990 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 5 Division 3 Consumer Affairs and Fair Trading (Tow Truck Operators Code of Practice) Regulations 1996 11 Regulations repealed The following regulations are repealed: (a) Consumer Affairs and Fair Trading (Tow Truck Operators Code of Practice) Regulations 1996 (Subordinate Legislation No. 5 of 1996); (b) Amendments of Consumer Affairs and Fair Trading (Tow Truck Code of Practice) Regulations 2002 (Subordinate Legislation No. 11 of 2002). Part 4 Amendment of consumer affairs (motor vehicle dealers) legislation Division 1 Consumer Affairs and Fair Trading Act 1990 12 Act amended This Division amends the Consumer Affairs and Fair Trading Act 1990. 13 Section 4 amended (Interpretation) (1) Section 4(1) insert approved form means a form approved under section 9(5). (2) Section 4(1), at the end insert Note for section 4(1) The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act. 14 Section 9 amended (Other powers of Commissioner) After section 9(4) insert (5) The Commissioner may approve forms for this Act. Part 4 Amendment of consumer affairs (motor vehicle dealers) legislation Division 1 Consumer Affairs and Fair Trading Act 1990 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 6 15 Section 125 amended (Definitions for purposes of Part 10) (1) Section 125, heading omit purposes of (2) Section 125(2) omit prescribed insert approved 16 Section 132 amended (Application for licence) (1) Section 132(2) omit prescribed form insert approved form (2) section 132(2) omit or otherwise prescribed 17 Section 141 amended (Annual fee and return) (1) Section 141(1)(b) omit containing the prescribed information insert in the approved form Part 4 Amendment of consumer affairs (motor vehicle dealers) legislation Division 1 Consumer Affairs and Fair Trading Act 1990 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 7 (2) Section 141(4) omit shall insert must (3) Section 141(4) omit prescribed insert approved 18 Section 155 replaced Section 155 repeal, insert 155 Register of Motor Vehicle Dealers The Commissioner must keep a register of licensed dealers, in the form the Commissioner considers appropriate, to be known as the Register of Motor Vehicles. 19 Section 158 amended (Details to be entered in dealings register) (1) Section 158(3)(b) omit prescribed insert approved (2) Section 158(4)(d) omit an indication to that effect in the prescribed form Part 4 Amendment of consumer affairs (motor vehicle dealers) legislation Division 1 Consumer Affairs and Fair Trading Act 1990 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 8 insert a statement to that effect 20 Section 159 amended (Seller to supply information to dealer) Section 159(2) omit, insert (2) The prescribed information is the information required by the form approved for this section, and the person required to supply it must, if requested by the dealer, provide the information by completing and signing the approved form. 21 Section 160 amended (Contract for sale of second-hand vehicle to be in prescribed form) (1) Section 160, heading omit prescribed insert approved (2) Section 160(1) and (2) omit prescribed insert approved (3) After section 160(7) insert (8) Additional requirements in relation to a contract under this section may be prescribed by regulation. Part 4 Amendment of consumer affairs (motor vehicle dealers) legislation Division 1 Consumer Affairs and Fair Trading Act 1990 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 9 22 Section 165 amended (Roadworthiness on sale of vehicle) (1) Section 165(2)(b) omit all words after "contract" insert in the approved form for this paragraph that excludes its application (2) After section 165(2) insert (3) Additional requirements in relation to a contract under this section may be prescribed by regulation. 23 Section 169 amended (Exclusions from duty to repair) (1) Section 169(4)(a) omit prescribed insert approved (2) After section 169(4) insert (5) Additional requirements in relation to a document under subsection (4)(a) may be prescribed by regulation. 24 Section 172 amended (Authority required by dealer for sale of motor vehicle on consignment) (1) Section 172(1) and (3) omit shall insert must Part 4 Amendment of consumer affairs (motor vehicle dealers) legislation Division 2 Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations 1992 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 10 (2) Section 172(1) omit prescribed insert approved 25 Section 244 amended (Interpretation) Section 244(1), definition approved omit 26 Section 268 amended (Commissioner to keep register of licences) Section 268(1) omit a form approved by the Commissioner insert an approved form Division 2 Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations 1992 27 Regulations amended This Division amends the Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations 1992. 28 Regulation 3 amended (Interpretation) (1) Regulation 3 omit , unless the contrary intention appears (2) Regulation 3, definition form omit Part 4 Amendment of consumer affairs (motor vehicle dealers) legislation Division 2 Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations 1992 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 11 29 Regulation 6 amended (Forms) (1) Regulation 6(1), (2) and (3) omit, insert (2) The information required to be provided in an approved form is the prescribed information for the purposes of the provisions of the Act or these Regulations, as the case requires, in relation to the approved form. (3) An approved form must be completed in accordance with the directions given in the approved form. (2) Regulation 6(4) omit shall insert must (3) Regulation 6(4), after "completed" insert approved 30 Regulation 8 amended (Date of payment of annual licence fee) Regulation 8(2) omit 31 Regulation 9 repealed (Register of Motor Vehicle Dealers) Regulation 9 repeal Part 4 Amendment of consumer affairs (motor vehicle dealers) legislation Division 2 Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations 1992 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 12 32 Regulation 11 replaced Regulation 11 repeal, insert 11 Requirements for certain contracts and documents (1) An approved form for a contract under section 160 of the Act must include the warning in Schedule 2, clause 1. (2) An approved form for a contract under section 165(2)(b) of the Act must include the warning in Schedule 2, clause 2. (3) The following must be executed in duplicate and a completed copy given to the purchaser: (a) a contract under section 160 of the Act; (b) a contract under section 165(2)(b) of the Act; (c) a document under section 169(4)(a) of the Act. (4) Before a contract or document referred to in subregulation (3)(b) or (c) is signed by the purchaser, the warning set out in the contract must be read to the purchaser by an authorised officer or a police officer. (5) A contract or document referred to in subregulation (3)(b) or (c) must be: (a) executed in the presence of the person who read the prescribed warning to the purchaser; and (b) witnessed by the person who read the prescribed warning to the purchaser. 33 Regulation 12 amended (Dealers managers) (1) Regulation 12(1) omit, insert (1) An application to be approved as a dealer's manager must be made to the Commissioner in the approved form and accompanied by the prescribed fee specified in Schedule 1. Part 4 Amendment of consumer affairs (motor vehicle dealers) legislation Division 2 Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations 1992 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 13 (2) Regulation 12(5) omit shall insert must (3) Regulation 12(5) omit application insert approved 34 Regulation 14 amended (Approval of manager) Regulation 14(1) omit shall be in the form of Form 15 insert must be in the approved form 35 Schedule 1 amended (Fees) Schedule 1, items 10, 11 and 12 omit Manager insert dealer's manager Part 5 Amendment of Crown lands legislation Division 1 Crown Lands Act 1992 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 14 36 Schedules 2 and 3 replaced Schedules 2 and 3 repeal, insert Schedule 2 Warnings regulation 11 1. This warning is to be read to the purchaser by an officer authorised by the Commissioner, or member of the Police Force of the Northern Territory who is witnessing this contract. "This is to warn you that you are signing away many of your consumer rights and entitlements to warranty repairs to this vehicle and, should you experience a breakdown or require a repair that under the law the dealer is required to repair or see to, you may have to cover these costs yourself. However, you can still expect the vehicle you are purchasing (the subject of this form) to be fit for its intended purpose, which for example requires the vehicle to be safe and remain registrable under Northern Territory law for a reasonable time after you purchase it. If you experience difficulties with this vehicle or it breaks down after purchase, contact the dealer immediately. Keep this form safe and if you have any further queries regarding this, you are advised to contact Consumer Affairs." 2. This warning is to be read to the purchaser by an officer authorised by the Commissioner, or member of the Police Force of the Northern Territory who is witnessing this contract. "This is to warn you that the vehicle purchased under this contract may not be fit to drive on a public road and may not be safe to use. Therefore it should not be driven by you from the dealer's yard in its present condition. Using this vehicle on a public road in its present unregistrable condition could place you and others at risk." Part 5 Amendment of Crown lands legislation Division 1 Crown Lands Act 1992 37 Act amended This Division amends the Crown Lands Act 1992. Part 5 Amendment of Crown lands legislation Division 1 Crown Lands Act 1992 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 15 38 Section 50 replaced Section 50 repeal, insert 50 Re-appraisement of rent (1) The rent under a lease that is subject to re-appraisement under this Act must be re-appraised in accordance with this section. (2) The rent must be re-appraised before the re-appraisement date to take effect on the re-appraisement date. (3) The Minister must give the lessee written notice of the re-appraised rent at least 6 months before the re-appraisement date. (4) The Minister may, at any time before the re-appraisement date, defer the re-appraisement date by giving the lessee written notice of the deferred re-appraisement date. (5) If the Minister does not give a notice of re-appraisement by the date required under subsection (3), the re-appraisement date is deferred for 1 year. (6) The amount of re-appraised rent is the amount specified in the notice given under subsection (3) or as otherwise determined under this Act. (7) The re-appraised rent is payable on and from the re-appraisement date. (8) The re-appraisement date for a lease is: (a) the date of the fifth anniversary of the commencement date of the lease or the date of any deferral under subsection (4) or (5); or (b) the date of the fifth anniversary of the date the rent was last re-appraised under this Act. Part 5 Amendment of Crown lands legislation Division 2 Crown Lands Regulations 1992 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 16 39 Part 10 inserted After section 108 insert Part 10 Transitional matters for Statute Law Amendment (Territory Economic Reconstruction) Act 2021 109 Definitions In this Part: amending Act means the Statute Law Amendment (Territory Economic Reconstruction) Act 2021. commencement means the commencement of section 38 of the amending Act. 110 Transition of 10 year rent re-appraisement If the rent under a lease to which section 50 applies was last re-appraised more than 5 years before the commencement, the next re-appraisement date for the lease is the next anniversary of the commencement date of the lease that occurs more than 6 months after the commencement. Division 2 Crown Lands Regulations 1992 40 Regulations amended This Division amends the Crown Lands Regulations 1992. 41 Regulations 5 and 6 repealed Regulations 5 and 6 repeal Part 6 Amendment of environment protection (beverage containers and plastic bags) legislation Division 1 Environment Protection (Beverage Containers and Plastic Bags) Act 2011 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 17 Part 6 Amendment of environment protection (beverage containers and plastic bags) legislation Division 1 Environment Protection (Beverage Containers and Plastic Bags) Act 2011 42 Act amended This Division amends the Environment Protection (Beverage Containers and Plastic Bags) Act 2011. 43 Section 4 amended (Definitions) (1) Section 4, definitions affected person, approved container, CDS approval, supplier, supplier barcode document, supplier sales document and supply approval omit (2) Section 4 insert accepted container means: (a) in relation to a CDS coordinator – a container that has been accepted by the coordinator from the operator of an approved collection depot as required under section 20; or (b) in relation to the operator of an approved collection depot – a container that has been accepted by the operator as required under section 18. affected person, for a decision, means: (a) for a decision in relation to an application for a CDS approval or registration – the applicant; or (b) for any decision in relation to which the holder of a CDS approval or a CDS supplier is given a review notice – the holder of the CDS approval or the CDS supplier. CDS approval means a collection approval or coordinator approval. CDS supplier means a person who is registered as a CDS supplier under Part 2, Division 6A. Part 6 Amendment of environment protection (beverage containers and plastic bags) legislation Division 1 Environment Protection (Beverage Containers and Plastic Bags) Act 2011 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 18 container identification document, see section 41D(1)(c)(i). permitted container means a regulated container that: (a) is supplied in the Territory by a CDS supplier; and (b) bears the approved refund marking. registration means registration as a CDS supplier under Part 2, Division 6A. supplier sales document, see section 41D(1)(c)(ii). (3) Section 4, definitions material type and refund amount omit an approved insert a permitted (4) Section 4, definition reverse vending machine, paragraph (a) omit (all references) approved insert permitted (5) Section 4, definition supplier arrangement, after "between a" insert person who is, or intends to apply to become, a CDS (6) Section 4, at the end insert Note for section 4 The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act. Part 6 Amendment of environment protection (beverage containers and plastic bags) legislation Division 1 Environment Protection (Beverage Containers and Plastic Bags) Act 2011 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 19 44 Section 10 amended (CDS established) (1) Section 10(2)(a) omit approved containers; insert supplied by a CDS supplier and meet the following requirements: (i) the material types of the containers (including the labels) are suitable for recycling or reuse; (ii) the containers bear the approved refund marking; (iii) the way the refund marking is applied to the containers is not likely to render the containers unsuitable for recycling or reuse; (iv) the containers are the subject of a supplier arrangement to which the supplier is a party; (2) After section 10(2)(d) insert (da) the registration of persons as CDS suppliers and the imposition of conditions on registration; (3) Section 10(2)(b) and (e) to (h) omit approved containers insert permitted containers 45 Section 11 amended (Waste management arrangements generally) (1) Section 11(1)(b) omit approved Part 6 Amendment of environment protection (beverage containers and plastic bags) legislation Division 1 Environment Protection (Beverage Containers and Plastic Bags) Act 2011 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 20 insert permitted (2) Section 11(2)(e), after "by a" insert CDS 46 Section 13 replaced Section 13 repeal, insert 13 Supply of regulated container to beverage retailer (1) A person commits an offence if: (a) the person is not a CDS supplier; and (b) the person intentionally supplies a beverage to another person (the recipient); and (c) the beverage is in a regulated container and the recipient is a beverage retailer who intends to sell the beverage and the person has knowledge of those circumstances. Maximum penalty: 400 penalty units. (2) Strict liability applies to subsection (1)(a). (3) A person commits an offence if: (a) the person intentionally supplies a beverage to another person (the recipient); and (b) the beverage is in a regulated container and the recipient is a beverage retailer who intends to sell the beverage and the person has knowledge of those circumstances; and (c) the container does not meet the requirements specified in section 10(2)(a) and the person is reckless in relation to that circumstance. Maximum penalty: 400 penalty units. Part 6 Amendment of environment protection (beverage containers and plastic bags) legislation Division 1 Environment Protection (Beverage Containers and Plastic Bags) Act 2011 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 21 (4) A person must not supply a beverage in a regulated container to a beverage retailer for sale by the retailer unless: (a) the person is a CDS supplier; and (b) the container meets the requirements specified in section 10(2)(a). Maximum penalty: 100 penalty units. (5) An offence against subsection (4) is an offence of strict liability. 47 Part 2, Division 5 heading amended (Delivery, acceptance and refund amounts) Part 2, Division 5, heading, after "acceptance" insert and disposal of containers 48 Section 18 amended (Acceptance of empty approved containers by operator of collection depot) (1) Section 18, heading omit approved insert permitted (2) Section 18(1)(a) omit an approved insert a permitted Part 6 Amendment of environment protection (beverage containers and plastic bags) legislation Division 1 Environment Protection (Beverage Containers and Plastic Bags) Act 2011 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 22 (3) Section 18(3) omit establishes insert has (4) Section 18(4)(a)(i) omit, insert (i) to verify that the container was supplied by a CDS supplier; or (5) Section 18(6) omit approved insert permitted 49 Sections 20A and 20B inserted After section 20, in Part 2, Division 5 insert 20A Disposal of accepted container (1) A person commits an offence if: (a) the person is a CDS coordinator or the operator of an approved collection depot; and (b) the person intentionally disposes of, or arranges the disposal of, a container; and Part 6 Amendment of environment protection (beverage containers and plastic bags) legislation Division 1 Environment Protection (Beverage Containers and Plastic Bags) Act 2011 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 23 (c) the container is an accepted container and the person is reckless in relation to that circumstance. Maximum penalty: 400 penalty units. Examples for subsection (1)(b) The person takes the container to a rubbish disposal or landfill site or buries or burns it. (2) Strict liability applies to subsection (1)(a). (3) A CDS coordinator or the operator of an approved collection depot commits an offence if the coordinator or operator disposes of, or arranges the disposal of, an accepted container. Maximum penalty: 100 penalty units. Examples for subsection (3) The person takes the accepted container to a rubbish disposal or landfill site or buries or burns it. (4) An offence against subsection (3) is an offence of strict liability. (5) It is a defence to a prosecution for an offence against subsection (1) or (3) if the defendant has a reasonable excuse. (6) For subsections (1) and (3): (a) a container is taken not to be disposed of if the container is recycled, reused or otherwise disposed of in a way authorised by the NT EPA; and (b) a container is not taken to be disposed of by the operator of an approved collection depot if it is delivered by the operator to a CDS coordinator and accepted by the coordinator. Note for subsection (6)(a) Under section 49A, the NT EPA may issue guidelines authorising other methods of disposal. 20B Accepted container becoming unsuitable for recycling or reuse (1) A person commits an offence if: (a) the person is a CDS coordinator; and (b) the person intentionally possesses a container; and (c) the container is an accepted container; and Part 6 Amendment of environment protection (beverage containers and plastic bags) legislation Division 1 Environment Protection (Beverage Containers and Plastic Bags) Act 2011 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 24 (d) the person intentionally engages in conduct; and (e) the conduct results in the container becoming unsuitable for recycling, reuse or other disposal authorised by the NT EPA and the person is reckless in relation to that result. Maximum penalty: 200 penalty units. (2) A person commits an offence if: (a) the person is the operator of an approved collection depot; and (b) the person intentionally possesses a container; and (c) the container is an accepted container; and (d) the person intentionally engages in conduct; and (e) the conduct results in the container becoming unsuitable for recycling or reuse and the person is reckless in relation to that result. Maximum penalty: 200 penalty units. (3) Strict liability applies to subsections (1)(a) and (c) and (2)(a) and (c). (4) A CDS coordinator commits an offence if an accepted container in the possession of the coordinator becomes unsuitable for recycling, reuse or other disposal authorised by the NT EPA. Maximum penalty: 50 penalty units. (5) The operator of an approved collection depot commits an offence if an accepted container in the possession of the operator becomes unsuitable for recycling or reuse. Maximum penalty: 50 penalty units. (6) An offence against subsection (4) or (5) is an offence of strict liability. (7) It is a defence to a prosecution for an offence against subsection (1), (2), (4) or (5) if the defendant has a reasonable excuse. Part 6 Amendment of environment protection (beverage containers and plastic bags) legislation Division 1 Environment Protection (Beverage Containers and Plastic Bags) Act 2011 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 25 50 Section 21 amended (Making application) Section 21(2) omit 51 Section 23 amended (Deciding application) (1) Section 23(2)(a), after "arrangement" insert (other than a supplier arrangement) (2) Section 23(2)(b)(ii) omit basis; and insert basis. (3) Section 23(2)(c) omit 52 Section 23A amended (Approval of waste management arrangement) After section 23A(3) insert (4) A supplier arrangement does not need to be approved by the NT EPA. 53 Section 24 amended (Conditions of CDS approval generally) Section 24(c) omit 24A(1), 54 Section 24A repealed (Conditions of supply approval) Section 24A repeal Part 6 Amendment of environment protection (beverage containers and plastic bags) legislation Division 1 Environment Protection (Beverage Containers and Plastic Bags) Act 2011 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 26 55 Section 24C amended (Conditions of coordinator approval) (1) Section 24C(a) omit supplier barcode document from the insert container identification document from the CDS (2) Section 24C(b) omit supplier barcode insert container identification (3) Section 24C(c) to (f) omit approved insert permitted 56 Section 25 amended (Notice of decision on application) Section 25(3) omit, insert (3) If the approval is subject to a condition imposed under section 24(d), the NT EPA must also give the applicant a review notice for the decision to impose the condition. Part 6 Amendment of environment protection (beverage containers and plastic bags) legislation Division 1 Environment Protection (Beverage Containers and Plastic Bags) Act 2011 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 27 57 Part 2, Division 6, Subdivision 4, heading and sections 42 to 44 replaced Part 2, Division 6, Subdivision 4, heading and sections 42 to 44 repeal, insert Division 6A Registration as CDS supplier Subdivision 1 Application process for registration as CDS supplier 41A Making application (1) Any of the following may apply to the NT EPA for registration as a CDS supplier: (a) a manufacturer of containers; (b) a distributor of containers; (c) a beverage retailer whose business sells beverages in containers. (2) The application must be made in the approved form. 41B NT EPA may require further information The NT EPA may, by written notice, require the applicant to give the NT EPA further documents or information within the reasonable period stated in the notice. 41C Deciding application (1) The NT EPA must consider the application and decide whether or not to grant registration to the applicant. (2) The NT EPA must not grant registration unless the applicant has declared that: (a) the applicant is a party to one or more supplier arrangements; and (b) each supplier arrangement to which the applicant is a party: (i) contains provisions that deal with the matters mentioned in section 11(2); and Part 6 Amendment of environment protection (beverage containers and plastic bags) legislation Division 1 Environment Protection (Beverage Containers and Plastic Bags) Act 2011 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 28 (ii) does not contain provisions inconsistent with this Act; and (iii) contains only provisions that are appropriate for the CDS; and (c) each regulated container the applicant intends to supply in the Territory is or will be the subject of one or more of the supplier arrangements. 41D Conditions of registration (1) The following conditions are imposed on registration: (a) the CDS supplier must not supply regulated containers in the Territory unless: (i) the material types of the containers (including the labels) are suitable for recycling or reuse; and (ii) the containers bear the approved refund marking; and (iii) the way the refund marking is applied to the containers is not likely to render the containers unsuitable for recycling or reuse; and (iv) the containers are the subject of a supplier arrangement to which the supplier is a party; (b) the CDS supplier must, at all times while registered, be a party to one or more supplier arrangements that meet the requirements specified in section 41C(2)(b); (c) the CDS supplier must give each CDS coordinator with whom the supplier has a supplier arrangement the following: (i) a document (a container identification document) that, for each regulated container to which the arrangement relates and that is supplied for sale in the Territory, lists: (A) if the container displays a barcode – the barcode of the container; or (B) otherwise – the name of the manufacturer or distributor of the container and one or more of the relevant characteristics of the container; (ii) within the prescribed period – a document for each quarter specifying the total number of regulated Part 6 Amendment of environment protection (beverage containers and plastic bags) legislation Division 1 Environment Protection (Beverage Containers and Plastic Bags) Act 2011 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 29 containers, by reference to material types, that have been sold by the supplier in the Territory during the quarter (a supplier sales document); (d) the CDS supplier must give the NT EPA written notice of the occurrence of any of the following events, within 5 business days after the event occurs: (i) the supplier terminates or enters into a supplier arrangement; (ii) the supplier ceases to supply regulated containers in the Territory; (e) the CDS supplier must, on request, give the NT EPA a document that, for each regulated container that the supplier supplies for sale in the Territory, lists: (i) if the container displays a barcode – the barcode of the container; or (ii) otherwise – the name of the manufacturer or distributor of the container and one or more of the relevant characteristics of the container; (f) the CDS supplier must, on request, give the NT EPA a copy of all waste management arrangements to which the supplier is a party; (g) any other conditions imposed by the NT EPA and stated in the registration certificate. (2) In this section: prescribed period, for a quarter, means 21 days after the end of the quarter. relevant characteristic, of a container, means any of the following: (a) the name of the product the container is made to contain; (b) the container contents when full; (c) the container capacity; (d) the container material. Part 6 Amendment of environment protection (beverage containers and plastic bags) legislation Division 1 Environment Protection (Beverage Containers and Plastic Bags) Act 2011 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 30 41E Notice of decision (1) If the NT EPA grants registration subject to a condition imposed under section 41D(1)(g), the NT EPA must give the applicant a review notice for the decision to impose the condition. Note for subsection (1) Under section 41M(1), the NT EPA is also required to issue a person with a registration certificate if the NT EPA grants registration. (2) If the NT EPA refuses to grant registration, the NT EPA must give the applicant a review notice for the refusal. 41F Duration of registration Registration is for a term of 10 years, unless it is sooner suspended or cancelled. 41G Renewal of registration (1) A CDS supplier may apply for a renewal of the supplier's registration. (2) This Division applies (with the necessary changes) to the application for renewal as if it were an application for registration. (3) If the application is made before the registration ends, the registration continues in force until the application is decided. 41H Variation of conditions of registration Part 2, Division 6, Subdivision 2 applies in relation to the conditions of a CDS supplier's registration as if a reference to: (a) an approval or a CDS approval were a reference to the registration; and (b) an approved waste management arrangement were a reference to a supplier arrangement; and (c) the holder of a CDS approval were a reference to the CDS supplier. 41J Surrender of registration A CDS supplier may surrender the supplier's registration by giving written notice to the NT EPA. Part 6 Amendment of environment protection (beverage containers and plastic bags) legislation Division 1 Environment Protection (Beverage Containers and Plastic Bags) Act 2011 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 31 Subdivision 2 Suspension and cancellation of registration 41K Grounds for suspending or cancelling registration Each of the following is a ground for suspending or cancelling a CDS supplier's registration: (a) the supplier has contravened a provision of this Act; (b) the supplier has failed to comply with: (i) a condition of the supplier's registration; or (ii) a supplier arrangement; (c) the supplier has failed to achieve a target within the period stated in a notice given to the supplier under section 49(3); (d) the NT EPA becomes aware of information that, had it been known at the time the application for registration or renewal of registration was made, would have given a reason for refusing the application; (e) the supplier has ceased supplying regulated containers in the Territory; (f) the supplier has notified the NT EPA that it has ceased supplying regulated containers in the Territory. 41L Suspension or cancellation of registration (1) If the NT EPA believes a ground exists to suspend or cancel a CDS supplier's registration, sections 38 to 41 apply in relation to the registration as if a reference to: (a) a CDS approval were a reference to the registration; and (b) the holder of the approval were a reference to the supplier. Note for subsection (1) Registration may also be suspended or cancelled under section 44. (2) Despite subsection (1), the NT EPA may cancel a CDS supplier's registration on the ground mentioned in section 41K(f) without first giving the supplier a show cause notice. Part 6 Amendment of environment protection (beverage containers and plastic bags) legislation Division 1 Environment Protection (Beverage Containers and Plastic Bags) Act 2011 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 32 (3) If the NT EPA cancels a CDS supplier's registration under subsection (2), the following apply: (a) the NT EPA must give the supplier written notice of the cancellation; (b) the NT EPA is not required to give the supplier a review notice for the decision to cancel the registration; (c) the cancellation takes effect on the day the notice mentioned in paragraph (a) is given to the supplier. Subdivision 3 Administrative matters 41M Registration certificate (1) The NT EPA must issue a person with a registration certificate if: (a) the NT EPA grants registration, or a renewal of registration, to the person; or (b) any of the details specified in the registration certificate change. (2) A certificate of registration must be in the approved form and specify the following: (a) the date the term of the registration starts; (b) the date the term of the registration ends; (c) any conditions imposed on the registration under section 41D(1)(g). (3) A certificate of registration may be issued in a way decided by the NT EPA. Example for subsection (3) A certificate of registration may be issued electronically. 41N Register (1) The NT EPA must establish and maintain a register in relation to CDS suppliers. (2) The register must contain the following details for each CDS supplier: (a) the name of the supplier; Part 6 Amendment of environment protection (beverage containers and plastic bags) legislation Division 1 Environment Protection (Beverage Containers and Plastic Bags) Act 2011 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 33 (b) the business address of the supplier; (c) the name of the supplier's contact person; (d) the date the term of the supplier's registration started; (e) the date the term of the supplier's registration ends; (f) any conditions imposed on the supplier's registration under section 41D(1)(g). (3) The register may contain any other information the NT EPA considers necessary or appropriate. (4) The register may be kept in any form, including electronically. 41P Notice of change of details (1) A CDS supplier must, within 30 days of a change in the supplier's name, address or contact person, give the NT EPA notice of the change and provide the new details. Maximum penalty: 20 penalty units. (2) An offence against subsection (1) is an offence of strict liability. (3) In this section: CDS supplier includes a CDS supplier whose registration is suspended. Division 6B Miscellaneous matters 42 Contravention of condition (1) A person commits an offence if: (a) the person is the holder of a CDS approval or is a CDS supplier; and (b) the person intentionally engages in conduct; and (c) the conduct results in a contravention of a condition of the person's CDS approval or registration and the person is reckless in relation to that result. Maximum penalty: 100 penalty units. (2) Strict liability applies to subsection (1)(a). Part 6 Amendment of environment protection (beverage containers and plastic bags) legislation Division 1 Environment Protection (Beverage Containers and Plastic Bags) Act 2011 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 34 43 Keeping records of CDS activities (1) A person who is the holder of a CDS approval or a CDS supplier must keep records of the person's CDS activities in the approved form. Maximum penalty: 20 penalty units. (2) An offence against subsection (1) is an offence of strict liability. 44 Annual returns (1) A person who is the holder of a CDS approval or a CDS supplier must in each year, before the date prescribed by regulation, give the NT EPA an annual return in the approved form. Maximum penalty: 20 penalty units. (2) An offence against subsection (1) is an offence of strict liability. (3) If the person does not comply with subsection (1), the NT EPA may, by written notice, require the person to remedy the default within 14 days after giving the notice. (4) If the person does not comply with the notice within the 14-day period, the person's CDS approval or registration is suspended until the notice is complied with. (5) If the person does not comply with the notice within 6 months after the notice is given, the person's CDS approval or registration is cancelled. (6) The NT EPA must give written notice of the suspension or cancellation to the person. 58 Section 49 amended (Minister or NT EPA may establish targets for reuse, recycling or other disposal of approved containers) (1) Section 49, heading omit approved insert permitted Part 6 Amendment of environment protection (beverage containers and plastic bags) legislation Division 1 Environment Protection (Beverage Containers and Plastic Bags) Act 2011 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 35 (2) Section 49(1)(a) omit appropriate disposal of approved insert authorised disposal of permitted (3) Section 49(2)(c) omit approvals. insert approvals or a particular class of CDS suppliers. (4) Section 49(3) omit, insert (3) If targets are established for subsection (2)(c), the NT EPA must give each holder of the class of CDS approval, or CDS supplier of the class of CDS suppliers, a notice stating: (a) the targets to be achieved; and (b) the period of time within which the holder or supplier is required to achieve the target; and (c) that a failure to achieve a target is a ground for suspending or cancelling the CDS approval or the supplier's registration. 59 Section 49A inserted After section 49 insert 49A Guidelines (1) The NT EPA may issue guidelines authorising specified methods of disposal of permitted containers. (2) The NT EPA must publish the guidelines on its website. Part 6 Amendment of environment protection (beverage containers and plastic bags) legislation Division 1 Environment Protection (Beverage Containers and Plastic Bags) Act 2011 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 36 60 Section 72 amended (Power to require CDS approval holder to produce document) (1) Section 72, heading, after "holder" insert or CDS supplier (2) Section 72(1) omit all words after "CDS approval" insert or a CDS supplier to produce a document held or kept by the approval holder or supplier under this Act to the officer for inspection. (3) Section 72(2) omit establishes insert or CDS supplier has (4) Section 72(4), after "holder" insert or CDS supplier (5) Section 72(6) omit establishes insert has Part 6 Amendment of environment protection (beverage containers and plastic bags) legislation Division 1 Environment Protection (Beverage Containers and Plastic Bags) Act 2011 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 37 (6) Section 72(7) omit all words after "an approval holder" insert or CDS supplier to fail to produce a document if complying with the requirement might tend to incriminate the approval holder or supplier. 61 Part 8 inserted After section 104 insert Part 8 Transitional matters for Statute Law Amendment (Territory Economic Reconstruction) Act 2021 105 Definitions In this Part: amending Act means Part 6 of the Statute Law Amendment (Territory Economic Reconstruction) Act 2021. commencement means commencement of the amending Act. 106 Supply approval holder taken to be registered (1) A person who held a supply approval that was in force immediately before the commencement is, on and after the commencement, taken to be registered as a CDS supplier under Part 2, Division 6A subject to: (a) the conditions set out in section 41D(1)(a) to (f); and (b) if the person's supply approval was, immediately before the commencement, subject to any conditions imposed by the NT EPA under section 24(d) – those conditions; and (c) if the person's supply approval was, immediately before the commencement, suspended – the same period of suspension. Part 6 Amendment of environment protection (beverage containers and plastic bags) legislation Division 1 Environment Protection (Beverage Containers and Plastic Bags) Act 2011 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 38 (2) The NT EPA must, as soon as practicable after the commencement, issue a registration certificate to each person who is taken to be registered under subsection (1). (3) The NT EPA may, by written notice, require a person who is taken to be registered under subsection (1) to give to the NT EPA any information required by the NT EPA for the purposes of issuing a registration certificate to the person. (4) If the person fails to give the NT EPA the information required within the reasonable period stated in the notice, the NT EPA may cancel the person's registration. (5) If the NT EPA cancels a person's registration under subsection (4), the following apply: (a) the NT EPA must give the person written notice of the cancellation; (b) the NT EPA is not required to give the person a review notice for the decision to cancel the registration; (c) the cancellation takes effect on the day the notice mentioned in paragraph (a) is given to the person. 107 Application for supply approval (1) Subsections (2) and (3) apply if, before the commencement: (a) the application was made under section 21 for a supply approval or the renewal of a supply approval; and (b) the application was not decided by the NT EPA. (2) The NT EPA must deal with and decide the application in accordance with this Act as in force immediately before the commencement. (3) However, if the application is granted, the applicant is taken to be granted registration as a CDS supplier under Part 2, Division 6A. 108 Approval of supplier arrangement (1) Subsection (2) applies if, before the commencement: (a) a supplier arrangement was given to the NT EPA for approval under section 23A; and (b) the NT EPA did not make a decision about the supplier arrangement. Part 6 Amendment of environment protection (beverage containers and plastic bags) legislation Division 2 Environment Protection (Beverage Containers and Plastic Bags) Regulations 2011 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 39 (2) The NT EPA must deal with the supplier arrangement in accordance with this Act as in force immediately before the commencement. 109 Offences – before and after commencement (1) The offence provisions, as amended by the amending Act, apply only in relation to offences committed after the commencement. (2) The offence provisions, as in force before the commencement, continue to apply in relation to offences committed before the commencement. (3) For this section, if any of the conduct constituting an offence occurred before the commencement, the offence is taken to have been committed before the commencement. (4) In this section: offence provisions means the provisions of this Act that create or relate to offences (including in relation to criminal responsibility, defences and penalties). 62 Act further amended The Schedule has effect. Division 2 Environment Protection (Beverage Containers and Plastic Bags) Regulations 2011 63 Regulations amended This Division amends the Environment Protection (Beverage Containers and Plastic Bags) Regulations 2011. 64 Regulation 2D amended (Approved refund marking) Regulation 2D(1)(c) omit points/depots insert depots/points Part 7 Amendment of Food Act 2004 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 40 65 Schedule amended (Infringement notice offences and prescribed amounts) Schedule omit sections 17(4) and (6), 43(1) and 44(1) of Act 1 insert section 17(4) and (6) of the Act 1 sections 20A(3) and 20B(4) and (5) of the Act 2 section 41P(1) of the Act 1 section 42(1) of the Act 2 sections 43(1) and 44(1) of the Act 1 Part 7 Amendment of Food Act 2004 66 Act amended This Part amends the Food Act 2004. 67 Section 6 amended (Definitions) (1) Section 6 insert organisation, in relation to an approved analyst, means the following: (a) an Agency or an entity in another jurisdiction similar to an Agency; (b) a body corporate; (c) a body politic. (2) Section 6, definition approved analyst omit a person Part 7 Amendment of Food Act 2004 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 41 insert an individual or organisation (3) Section 6, at the end insert Note for section 6 The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act. 68 Section 36 amended (Reports by enforcement agencies) Section 36(3) omit one month insert 30 days 69 Section 71 amended (Application to register food business) Section 71(1) omit one month insert 30 days 70 Section 72A inserted After section 72 insert 72A Time for decision to grant or refuse registration (1) The decision under section 72 whether to register a food business must be made within 30 days of the later of the following: (a) the day the Chief Health Officer receives a complete application, including payment of any prescribed fee; Part 7 Amendment of Food Act 2004 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 42 (b) the day any further information requested under section 71(3) is provided to the Chief Health Officer. (2) The Chief Health Officer may, at the Chief Health Officer's discretion, extend or abridge the time specified in subsection (1), even if the time has expired. (3) Failure by the Chief Health Officer to meet the time required under subsection (1) does not for that reason alone invalidate the decision. 71 Section 92 amended (Compliance with Food Standards Code) Section 92 omit person insert approved analyst, or the individual being supervised by an approved analyst, 72 Section 93 amended (Certificate of analysis) (1) Section 93(1) omit who carried out the analysis or who supervised the carrying out of the analysis (2) After section 93(2) insert (3) For subsection (2)(b), the approved analyst is the following: (a) if the approved analyst is an individual – the individual; (b) if the approved analyst is an organisation – an individual who is: (i) an employee or officer of the organisation; and (ii) authorised by the organisation to sign the certificate of analysis. Part 7 Amendment of Food Act 2004 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 43 73 Section 94 replaced Section 94 repeal, insert 94 Approval of individuals or organisations to carry out analyses (1) An individual or organisation may make an application to the Chief Health Officer for approval to carry out analyses under this Act. (2) The application must be: (a) in an approved form; and (b) accompanied by the information the Chief Health Officer requires to determine the application; and (c) accompanied by the prescribed fee (if any). (3) After considering the application, the Chief Health Officer may: (a) approve the individual or organisation (with or without conditions) to carry out analyses under this Act; or (b) refuse the application for approval. (4) If the Chief Health Officer approves an individual or organisation, the Chief Health Officer must give written notice to the individual or organisation of the approval (including any conditions). (5) If the Chief Health Officer refuses an application, the Chief Health Officer must give written notice to the individual or organisation of the refusal and the reasons for the refusal. 74 Section 96 amended (Approved analyst to give notice of certain interests) (1) Section 96(1) omit he or she insert the approved analyst Part 7 Amendment of Food Act 2004 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 44 (2) After section 96(2) insert (3) For subsections (1) and (2), if an approved analyst is an organisation, the notification of the interests under subsection (1) or (2) must be given by the organisation in relation to the organisation and the officers of the organisation. 75 Section 97 amended (Variation of conditions or suspension or cancellation of approval of approved analyst) (1) Section 97(1) and (2) omit his or her insert the Chief Health Officer's (2) Section 97(2)(b) and (c) omit his or her insert the approved analyst's (3) Section 97(2)(d), after "analyst" insert , including any officers or employees of an organisation that is the approved analyst, (4) Section 97(3) omit he or she insert the Chief Health Officer Part 8 Amendment of Gaming Control (Licensing) Regulations 1995 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 45 (5) Section 97(3)(a) omit (all references) his or her insert the Chief Health Officer's 76 Section 119 amended (Presumptions) (1) Section 119, before "In" insert (1) (2) Section 119, at the end insert (2) For subsection (1)(h), the approved analyst is the following: (a) if the approved analyst is an individual – the individual; (b) if the approved analyst is an organisation – an individual who is: (i) an employee or officer of the organisation; and (ii) authorised by the organisation to sign the certificate of analysis. Part 8 Amendment of Gaming Control (Licensing) Regulations 1995 77 Regulations amended This Part amends the Gaming Control (Licensing) Regulations 1995. 78 Regulation 9 amended (Duration and renewal of licence) (1) Regulation 9(4) omit, insert (4) The Director must consider an application for the renewal of a licence and, if the Director is satisfied that the applicant has Part 9 Amendment of Liquor Act 2019 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 46 complied with the terms and conditions of the licence and is not otherwise prevented from having the applicant's licence renewed by a provision of or under the Act, must renew the licence. (2) Regulation 9(5) omit shall insert must (3) Regulation 9(6) omit, insert (6) If a licensed person makes an application for the renewal of a full licence, the full licence continues in force until the later of: (a) despite subregulation (1)(b), the date of its expiration; or (b) the application for its renewal is determined. Part 9 Amendment of Liquor Act 2019 79 Act amended This Part amends the Liquor Act 2019. 80 Section 130 amended (Operating identification system) Section 130(2) and (3) omit, insert (2) If required to use the identification system, a licensee or a licensee's employee must not sell liquor to an individual unless: (a) subject to subsection (3), the individual presents an approved form of identification of the individual, which appears to be authentic; and (b) the licensee or employee operates the system using the identification or the details included in the identification to check whether the person is prohibited under section 128(1); and Part 10 Amendment of Pastoral Land Act 1992 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 47 (c) the system indicates the individual is not prohibited under section 128(1). (3) In the case of a purchase not made in person, the individual may provide details of an approved form of identification of the individual instead of complying with subsection (2)(a). Part 10 Amendment of Pastoral Land Act 1992 81 Act amended This Part amends the Pastoral Land Act 1992. 82 Section 82 amended (Temporary closure of access) (1) Section 82(1) omit notice in a newspaper circulating in the part of the Territory in which the pastoral land is situated insert giving public notice (2) After section 82(1) insert (1A) The Board may determine the manner in which the public notice is to be given. 83 Section 83 amended (Closure for rehabilitation and conservation purposes) (1) Section 83(2) omit notice and in a newspaper circulating in the area in which the land is situated insert by giving public notice Part 11 Amendment of Place Names Act 1967 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 48 (2) After section 83(2) insert (2A) The Board may determine the manner in which the public notice is to be given. 84 Section 87A amended (Public notice of application) (1) Section 87A(2) omit, insert (2) The Board may determine the manner in which the public notice is to be given. (2) Section 87A(3)(b) omit, insert (b) be in the form approved by the Board; and Part 11 Amendment of Place Names Act 1967 85 Act amended This Part amends the Place Names Act 1967. 86 Section 10 amended (Meetings of the Committee) (1) Section 10, heading omit the (2) Section 10(1) omit, insert (1) The Chairperson of the Committee: (a) may convene a meeting of the Committee at any time on the Chairperson's own initiative; and (b) must convene a meeting of the Committee when requested to do so by the Minister. (1A) Subject to this Act, the Committee is to determine the procedures to be followed at or in connection with its meetings. Part 12 Amendment of planning legislation Division 1 Planning Act 1999 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 49 87 Section 11A amended (Delegation) (1) Section 11A(2)(e) omit years. insert years; or (2) After section 11A(2)(e) insert (f) the altering of the road type part of the name of a highway, road, street, lane, trail or thoroughfare that has been named under this Act. Example for subsection (2)(f) Altering Godfrey Court to Godfrey Circuit. (3) Section 11A(2)(a), (b) and (c), at the end insert or Part 12 Amendment of planning legislation Division 1 Planning Act 1999 88 Act amended This Division amends the Planning Act 1999. 89 Section 47 amended (Public notice of development application) (1) Section 47(1) omit, insert (1) Subject to sections 47A and 47B, before the consent authority determines a development application it must: (a) give public notice of the application; or Part 12 Amendment of planning legislation Division 1 Planning Act 1999 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 50 (b) require, by written direction, the applicant to give public notice of the application. (2) Section 47(3) omit (3) Section 47(4) and (5) omit 47C, 90 Section 47C repealed (Development application requiring only local notice) Section 47C repeal 91 Section 64 amended (Service easements) Section 64(1), (4), (5), (8) and (9), after "service authority" (all references) insert or local government council 92 Section 93 amended (Chair may appoint member to act in another Division) Section 93(2)(a) omit with reference to section 91(3) 93 Section 139 amended (Service of notices and other documents) Section 139(1) omit, insert (1) Except if otherwise provided in this Act, a notice or other document required by this Act to be given to, or served on, a person may be given or served as follows: (a) in any manner provided under section 25 of the Interpretation Act 1978; Part 12 Amendment of planning legislation Division 2 Planning Regulations 2000 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 51 (b) by sending it to the recipient by means of a method of electronic transmission that provides a record of receipt or delivery; (c) in the case of a corporation – in accordance with the Corporations Act 2001 (Cth). 94 Section 139A amended (Electronic publication) Section 139A(1) omit is capable of informing the same audience insert makes it publicly available in the Territory Division 2 Planning Regulations 2000 95 Regulations amended This Division amends the Planning Regulations 2000. 96 Regulation 6A amended (Notices and signs) (1) Regulation 6A(1)(b) omit Act; insert Act. (2) Regulation 6A(1)(c) omit (3) Regulation 6A(3) omit or 47C Part 13 Amendment of Territory parks and wildlife conservation legislation Division 1 Territory Parks and Wildlife Conservation Act 1976 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 52 97 Regulation 6B amended (Removing sign during submission period) Regulation 6B(1) and (2)(b) omit or 47C 98 Regulation 7 amended (Developments with 28-day minimum submission period) Regulation 7(k), after "unzoned land" insert of more than 5ha 99 Regulation 8B repealed (Development application requiring only local notice) Regulation 8B repeal Part 13 Amendment of Territory parks and wildlife conservation legislation Division 1 Territory Parks and Wildlife Conservation Act 1976 100 Act amended This Division amends the Territory Parks and Wildlife Conservation Act 1976. 101 Section 17 amended (Mining, works, forestry, etc. in parks, reserves and wilderness zones) (1) Section 17(3), after "management" insert or an authorisation granted under section 21A (2) Section 17(7), after "of management" insert or an authorisation granted under section 21A Part 13 Amendment of Territory parks and wildlife conservation legislation Division 1 Territory Parks and Wildlife Conservation Act 1976 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 53 102 Sections 21A to 21G inserted After section 21, in Part 2 insert 21A Use and development of land (1) The Commission may authorise the use and development of land in a park or reserve for any of the following purposes: (a) conservation; (b) education; (c) hospitality; (d) retail; (e) tourism; (f) Aboriginal community living area; (g) any purpose that promotes the protection or presentation of the park or reserve. (2) The use and development of land may be authorised under this section if: (a) there is no plan of management in force in respect of the land; or (b) there is a plan of management in force in respect of the land and the use and development must not be inconsistent with the plan. (3) To avoid doubt, the Commission may authorise itself under subsection (1). (4) This section does not give the Commission the power to authorise the subdivision of land. Note for section 21A The use and development of land include a wide variety of activities, including constructing campgrounds, roads and structures and other activities that alter land. Part 13 Amendment of Territory parks and wildlife conservation legislation Division 1 Territory Parks and Wildlife Conservation Act 1976 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 54 21B Application for authorisation (1) A person may apply to the Commission for authorisation to use and develop land in a park or reserve for any purpose specified in section 21A(1). (2) An application under subsection (1) must be: (a) in a form approved by the Commission; and (b) accompanied by any fee determined by the Commission. 21C Factors relevant to authorisation (1) Before deciding whether to authorise a use or development under section 21A, the Commission must consider the following: (a) the alternative uses and developments of the land; (b) the ecological sustainability of the affected environment; (c) any objectives and principles applicable to the land under section 25AB, 25AC or 31; (d) the protection of biological diversity of the affected land; (e) any plan of management in force in respect of the land; (f) the public interest; (g) the views of traditional owners or native title holders of the affected land; (h) any other matters the Commission considers relevant. (2) The Commission must not authorise any use or development of land that is inconsistent with any plan of management of the land. (3) Unless justified in the circumstances, the Commission must not authorise a person found guilty of an offence related to the environment, wildlife or the use or development of land within the 5 year period immediately before the person applies for the authorisation. (4) An authorisation must be in a form approved by the Commission. 21D Terms and conditions of authorisation (1) An authorisation under section 21A is subject to any terms and conditions specified by the Commission. Part 13 Amendment of Territory parks and wildlife conservation legislation Division 1 Territory Parks and Wildlife Conservation Act 1976 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 55 (2) It is a condition of an authorisation that the holder of the authorisation and each person employed or otherwise engaged by the holder of the authorisation complies with the authorisation and this Act. (3) In the event of an inconsistency between this Act and a term or condition of an authorisation imposed by the Commission, the Act prevails. 21E Variation of authorisation (1) The Commission may, by written notice to the holder of an authorisation under section 21A, vary a term or condition of the authorisation if it considers it appropriate. (2) The variation may be made on: (a) the Commission's own initiative; or (b) the application by the holder of an authorisation to the Commission. (3) An application under subsection (2)(b) must be in a form approved by the Commission. (4) A variation may add, substitute or delete a term or condition of an authorisation. (5) A variation of an authorisation takes effect on the later of the following: (a) the date the notice of the variation is served on the holder of the authorisation; (b) the date specified in the notice. 21F Cancellation of authorisation (1) The Commission may, by written notice to the holder of an authorisation under section 21A, cancel the authorisation if the holder of the authorisation: (a) fails to pay a fee or royalty required under the authorisation; or (b) is found guilty of an offence against this Act or a regulation or by-law made under this Act; or (c) pays a prescribed amount under an infringement notice issued under the regulations or by-laws; or (d) contravenes any term or condition of the authorisation; or Part 14 Amendment of waste management and pollution control legislation Division 1 Waste Management and Pollution Control Act 1998 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 56 (e) requests in writing that the authorisation be cancelled. (2) The cancellation of an authorisation takes effect on the date specified in the notice. 21G Transfer of authorisation (1) The Commission may approve the transfer of an authorisation under section 21A. (2) The holder of an authorisation may apply to the Commission, to approve the transfer of the authorisation, in a form approved by the Commission. (3) A transfer of an authorisation takes effect on the later of the following: (a) the date the notice of the transfer is served on the holder of the authorisation; (b) the date specified for that purpose in the notice. Division 2 Territory Parks and Wildlife Conservation By-laws 1984 103 By-laws amended This Division amends the Territory Parks and Wildlife Conservation By-laws 1984. 104 By-law 18 amended (Disturbance of natural features) By-law 18(1), after "Act" insert or authorisation under section 21A of the Act Part 14 Amendment of waste management and pollution control legislation Division 1 Waste Management and Pollution Control Act 1998 105 Act amended This Division amends the Waste Management and Pollution Control Act 1998. Part 14 Amendment of waste management and pollution control legislation Division 2 Waste Management and Pollution Control (Administration) Regulations 1998 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 57 106 Section 42 amended (Annual fee) (1) Section 42(1) omit , subject to subsection (4), (2) Section 42(4) and (5) omit, insert (5) If a person has not paid an annual fee on or before the due date, the NT EPA may notify the person in writing that unless the fee is paid by a specified date the person's licence may be suspended. (5A) The date specified in a notice under subsection (5) must be at least 14 days after the date of the notice. (3) Section 42(6) omit Where insert If 107 Section 45 amended (Suspension and cancellation of licences) Section 45(2) omit all words from "Where" to "must" insert If a person has not paid an annual fee required under section 42 by the date specified in a notice under section 42(5), the NT EPA may Division 2 Waste Management and Pollution Control (Administration) Regulations 1998 108 Regulations amended This Division amends the Waste Management and Pollution Control (Administration) Regulations 1998. Part 15 Amendment of water legislation Division 1 Water Act 1992 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 58 109 Regulation 5 replaced Regulation 5 repeal, insert 5 Exemption, waiver or refund of fees The NT EPA may, if the NT EPA considers it appropriate, do any of the following in relation to a prescribed fee: (a) exempt a person from payment of the fee; (b) waive (wholly or partly) payment of the fee; (c) refund (wholly or partly) the fee. Part 15 Amendment of water legislation Division 1 Water Act 1992 110 Act amended This Division amends the Water Act 1992. 111 Section 4 amended (Interpretation) Section 4(1) insert developer, for Part 6B, see section 71F(1). development, for Part 6B, see section 71F(1)(a). 112 Section 5 amended (Declarations of waterways) Section 5(2)(b) omit 60 days insert 40 business days Part 15 Amendment of water legislation Division 1 Water Act 1992 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 59 113 Section 20 amended (Power to enter land and take action) Section 20(4) omit 14 days insert 10 business days 114 Section 33B amended (Requirements for remediation notice) Section 33B(g) omit 14 days insert 10 business days 115 Section 38 amended (Notice where private land disturbed) Section 38(2) omit 14 days insert 10 business days 116 Section 45 amended (Licence to take water) Section 45(4) omit, insert (4) A licence may be granted under subsection (1) for a period exceeding 10 years if: (a) the licence is for a purpose, or meets criteria, that the Minister, by Gazette notice, specifies as justifying a longer period; or (b) the Controller is satisfied that special circumstances justify the longer period. Part 15 Amendment of water legislation Division 1 Water Act 1992 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 60 117 Section 51 amended (Surrender of licence) Section 51 omit 30 days insert 20 business days 118 Section 60 amended (Grant of licence to take groundwater) Section 60(4) omit, insert (4) A licence may be granted under subsection (1) for a period exceeding 10 years if: (a) the licence is for a purpose, or meets criteria, that the Minister, by Gazette notice, specifies as justifying a longer period; or (b) the Controller is satisfied that special circumstances justify the longer period. 119 Section 60A amended (Licence to take groundwater for hydraulic fracturing) (1) Section 60A(3), definition designated bore, after paragraph (b) insert (ba) a bore in relation to which a licence was granted under Part 6B; (2) Section 60A(3), definition designated bore, paragraphs (c)(ii) and (d)(ii), after "licence" insert or a licence under Part 6B Part 15 Amendment of water legislation Division 1 Water Act 1992 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 61 120 Section 71B amended (Notice of intention to make water extraction licence decision) (1) Section 71B(1) omit 30 days after lodgment insert 20 business days after lodgement (2) Section 71B(4) omit 30 days insert 20 business days 121 Section 71C amended (Making water extraction licence decision) Section 71C(1) omit 30 days insert 20 business days 122 Section 71D amended (Notice of water extraction licence decision) Section 71D(1) omit 30 days insert 20 business days Part 15 Amendment of water legislation Division 1 Water Act 1992 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 62 123 Section 71E amended (Notice of substituted or varied water extraction licence decision) Section 71E(2) omit 10 days insert 10 business days 124 Part 6B inserted After section 71E insert Part 6B Development of land for subsequent licences 71F Application by developer (1) A person (the developer) may apply for a licence under this Part if the developer proposes to do all of the following: (a) develop land (the development) that would use water for one or more beneficial uses, other than mining activity and petroleum activity; (b) transfer or lease areas of the land to other persons participating in the development; (c) transfer the entitlement to water under the licence to those other persons to use for those beneficial uses. (2) The application for the licence must be in a form approved by the Controller and include the details of the proposed development, including the following: (a) the areas of land expected to be transferred or leased to other persons participating in the development; (b) the volumes of water expected to be taken from those other areas. 71G Granting licence to developer (1) The Controller may, on application under section 71F, grant to a developer a licence to take water in respect of the development. Part 15 Amendment of water legislation Division 1 Water Act 1992 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 63 (2) To avoid doubt, the decision to grant a licence under this section is: (a) a water extraction licence decision; and (b) a decision to which Part 6A and section 90 apply. (3) The licence must be in a form approved by the Controller. (4) In addition to any other conditions the Controller considers appropriate, the Controller must impose conditions on the licence to ensure the following: (a) that the entitlement to water under the licence is used by the developer or transferred to other persons participating in the development; (b) that the water is taken and used for the beneficial uses specified in the licence. 71H Granting subsequent licences (1) If a licence is granted to a developer under this Part, the Controller may subsequently grant a licence to take water to any applicant who wishes to participate in the development. (2) The application for the licence must be in a form approved by the Controller. (3) A licence must not be granted under this section unless: (a) the application is consistent with the development and the conditions of the developer's licence; and (b) the water will be used only for the beneficial uses authorised in the developer's licence; and (c) the applicant's entitlement to water will come by transfer from the developer's licence or another licence granted in respect of the same development. (4) If a licence is to be granted under this section, the Controller must amend the licence from which the entitlement to water is being transferred to reduce its entitlement to water. (5) A decision about a licence under this section is: (a) not a water extraction licence decision; and (b) not a decision to which Part 6A and section 90 apply. Part 15 Amendment of water legislation Division 1 Water Act 1992 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 64 (6) Despite section 30(1), a decision under this section may only be reviewed under Part 3, Division 3, by the applicant referred to in subsection (1). 71J Trading entitlements to water (1) The holder (the seller) of a licence granted under this Part in relation to a development may apply to the Controller to effect a trade of all or part of the holder's entitlement to water under the licence to one or more other holders (the buyer) of a licence granted in respect of the same development. Example for subsection (1) One farmer in an agricultural development does not use the entire water entitlement under the farmer's licence and wishes to sell a portion of it to another farmer in the same development who needs the extra water. (2) The application for the trade must be in a form approved by the Controller and may be made regardless of whether a water allocation plan is in force in relation to the land. (3) After considering the application, the Controller may amend the licences to: (a) reduce the seller's entitlement to water; and (b) increase the buyer's entitlement to water by no more than the reduction to the seller's entitlement under paragraph (a). (4) A decision about a licence under this section is: (a) not a water extraction licence decision; and (b) not a decision to which Part 6A and section 90 apply. (5) The trade takes effect in accordance with the amendment of the licences and is subject to any conditions determined by the Controller. Example for subsection (5) The trade may be for a fixed period of time. 71K Transfer of land (1) Section 92 does not apply in relation to a transfer of an interest in land in the development by the developer to the holder of a licence granted under section 71H in the same development. Part 15 Amendment of water legislation Division 1 Water Act 1992 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 65 (2) To avoid doubt, section 92 applies to the following transfers: (a) a transfer of all the interests in land in the development held by the developer to another person; (b) a transfer of all interests in land in the development held by the holder of a licence granted under section 71H to another person. 71L Breach of licence (1) A person commits an offence if the person: (a) holds a licence granted under this Part; and (b) contravenes a term or condition of the licence. Maximum penalty: 500 penalty units. (2) An offence against subsection (1) is an offence of strict liability. (3) It is a defence to a prosecution for an offence against subsection (1) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence. Note for subsection (3) The defendant has a legal burden of proof in relation to a matter mentioned in this subsection. 125 Section 74 amended (Grant of waste discharge licence) (1) Section 74(3) omit 2 years insert 10 years (2) Section 74(4) omit, insert (4) The Controller may grant a licence for a period exceeding 10 years if: (a) the licence is of a type, or meets criteria, that the Minister, by Gazette notice, specifies as justifying a longer period; or Part 15 Amendment of water legislation Division 2 Water Regulations 1992 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 66 (b) the Controller is satisfied that special circumstances justify the longer period. 126 Section 95 replaced Section 95 repeal, insert 95 Registers (1) The Controller must keep one or more registers of licenses granted under this Act. (2) Each register must: (a) be publicly available on the Agency's website; and (b) contain any information required by the Regulations. (3) The Controller may keep information about a licence in the register from being publicly available if satisfied, on application by the holder of the licence, that it is justified on the grounds of commercial confidentiality. 127 Section 108 amended (Regulations) Section 108(2)(k) and (m), after "licence" insert or a licence under Part 6B Division 2 Water Regulations 1992 128 Regulations amended This Division amends the Water Regulations 1992. 129 Regulation 3 amended (Applications and forms) Regulation 3(4) omit, insert (4) An application is taken to be lodged when sufficient information to enable a proper decision to be made under the Act is given to the Agency. Part 15 Amendment of water legislation Division 2 Water Regulations 1992 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 67 (5) A public sector employee of the Agency may return, without further consideration, any application that does not include sufficient information to enable a proper decision to be made. 130 Regulation 5 amended (Water investigation permit) (1) Regulation 5(2) and (3) omit, insert (2) The Controller may publish notice of the application in any manner that makes it publicly available in the Territory. (3) The notice must include the following: (a) a description of the relevant land; (b) the person to whom enquiries about the application may be directed; (c) the way in which objections to the granting of the water investigation permit may be made; (d) any other information determined by the Controller. (2) Regulation 5(4) and (5) omit newspaper (3) Regulation 5(6) omit 1 month insert 20 business days 131 Regulation 6 amended (Permit to interfere with waterway) (1) Regulation 6(2) and (3) omit, insert (2) The Controller may publish notice of the application in any manner that makes it publicly available in the Territory. Part 15 Amendment of water legislation Division 2 Water Regulations 1992 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 68 (3) The notice must include the following: (a) a description of the relevant land; (b) the person to whom enquiries about the application may be directed; (c) the way in which objections to the granting of the permit may be made; (d) any other information determined by the Controller. (2) Regulation 6(4) and (5) omit newspaper (3) Regulation 6(6) omit 1 month insert 20 business days 132 Regulation 15 replaced Regulation 15 repeal, insert 15 Renewal of permits and licences (1) A person who holds a permit or licence may renew it by applying for another permit or licence in accordance with the appropriate approved form. (2) The application must be lodged before the following: (a) in the case of a water extraction licence or a licence under Part 6B of the Act – the 120th business day before the day the licence expires; (b) in the case of a waste discharge licence – the 60th business day before the day the licence expires; (c) in the case of a permit – the 20th business day before the day the permit expires. Part 15 Amendment of water legislation Division 2 Water Regulations 1992 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 69 133 Regulation 17 amended (Register of water extraction licences) (1) Regulation 17, heading omit water extraction (2) Regulation 17 omit all words from "The" to "force:" insert For section 95(2)(b) of the Act, the register must contain the following information for each water extraction licence and licence under Part 6B of the Act: 134 Regulation 19 amended (Infringement notice offence and prescribed amount payable) Regulation 19(2) omit, insert (2) The prescribed amount for an infringement notice offence is as follows: (a) for an offence specified in the Schedule, Part 1 – the amount payable under section 8 of the Environmental Offences and Penalties Act 1996 for the specified environmental offence level of the offence; (b) for an offence specified in the Schedule, Part 2 – the monetary value of the number of penalty units specified for the offence. Part 15 Amendment of water legislation Division 2 Water Regulations 1992 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 70 135 Schedule replaced Schedule repeal, insert Schedule Infringement notice offences, environmental offence levels and prescribed amounts regulation 19 Part 1 Provision Environmental offence level Water Act 1992 section 16(2D) 3 section 16(2F) 4 section 76 3 Part 2 Provision Prescribed amount in penalty units for individual for body corporate Water Act 1992 sections 37(1), 40(1), 42(1), 44(1), 46(1) and 48(1) 5 10 section 50(1) 5 section 55(2) 2 5 sections 56(1), 58(1), 59(1), 61(1), 66(1) and 68(1) 5 10 section 71(1) 2 5 section 71L(1) 5 10 section 79(3) 2 5 Part 16 Repeal of Act Statute Law Amendment (Territory Economic Reconstruction) Act 2021 71 Provision Prescribed amount in penalty units for individual for body corporate section 81(1) 1 3 section 96(3) 2 5 Part 16 Repeal of Act 136 Repeal of Act This Act is repealed on the day after it commences. Schedule Environment Protection (Beverage Containers and Plastic Bags) Act 2011 further amended Statute Law Amendment (Territory Economic Reconstruction) Act 2021 72 Schedule Environment Protection (Beverage Containers and Plastic Bags) Act 2011 further amended section 62 Provision Amendment omit insert section 8A(1) and (2) an approved (all references) a permitted section 14, heading approved permitted section 14(1) and (2) an approved a permitted section 16(2) establishes has section 17(1)(a) an approved container a permitted container section 19(1)(a) an approved a permitted section 19(3) approved permitted section 20, heading approved permitted section 20(1)(a) and (b) and (2) approved containers permitted containers section 20(2)(a)(i) an approved a permitted section 45(1) an approved container a permitted container section 45(1)(a) empty approved empty permitted sections 55(3), 56(3), 65(4), 66(4) and (6), 70(3) and (7), 71(3) and (5), 75(2) and 90(3) establishes has Schedule, clause 1, definition accepted containers approved containers permitted containers Schedule, clause 1, definition accepted containers, paragraph (a) approved Schedule Environment Protection (Beverage Containers and Plastic Bags) Act 2011 further amended Statute Law Amendment (Territory Economic Reconstruction) Act 2021 73 Provision Amendment omit insert Schedule, clause 1, definition market share approved permitted Schedule, clause 1, definition primary coordinator approved containers an approved permitted containers a Schedule, clause 1, definition secondary coordinator approved containers permitted containers Schedule, clause 1, definition secondary coordinator, paragraph (b) approved Schedule, clause 2(1)(a) to (c), (3) and (4) approved permitted Schedule, clause 2(3) supplier CDS supplier Schedule, clause 2, notes 1 and 2 approved permitted Schedule, clause 3, heading approved permitted Schedule, clause 3 approved containers permitted containers