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         For Internal Use Only
               Office of International Activities
               Environmental Protection Agency
               November, 1976

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                                                       950R76026
                        PREFACE
     This is a brief report on the organization and management
of environmental activities on the national level in Australia.
Reports on Japan, Luxemburg, Belgium, Great Britain, the
Netherlands and Spain have already been distributed.  Similar
reports on other countries will be available soon.  These reports,
which are background papers for EPA staff involved in international
activities, are not for distribution outside the Agency.

     Emphasis is on policy and regulatory functions of national
environmental agencies.  Research and development, often under
the auspices of other departments, for example, science and
technology, are not covered in these reports.

     Source documents for the reports, received under the
International Documents Exchange, are available in the EPA
Headquarters Library.  English summaries of the foreign docu-
ments are published in the monthly bulletin "Summaries of
Foreign Government Environmental Reports."
                         Office of International Activities
                         November, 1976

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                                TABLE OF CONTENTS




                                                                Page




  I.   National Organization for Environmental Control             1




 II.   Environmental Laws                                          8




III.   Standards                                                  17




 IV.   Enforcement Procedures                                     20




  V.   Interrelationships between Government and Industry         28




 VI.   Reference Notes                                            31
                                       iii

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       E.NV_IRONM_EN_TA;L   £ 0 N. T _R 0 L   I_ N   AUS_TRALI_A







I.     National Organization for Environmental Control




       overall governmental structure




          The government of the Commonwealth of Australia is a federal system in




which the respective jurisdictions of the Commonwealth government in Canberra and




the six States are defined by the Commonwealth of Australia Constitution Act of




1900.  As a member of the British Commonwealth, Australia pays allegiance to the




Queen of England, and the Governor-General appointed by this monarch is, at least




officially, the chief Australian executive.  The powers of this Office are limited,




however, and real executive powers are vested in the Prime Minister, who is chosen




by the majority party (or coalition) in the Parliament and who appoints the cabinet




from among the members of that body.  The Parliament consists of a House of Repre-




^entatives, whose members are drawn from the States, according to-their population,




and a Senate, with equal representation from each State.  Federal judicial power




is vested in the High Court of Australia, in the federal courts created by the Par-




liament, and in the State courts invested by Parliament with federal jurisdiction.




          Under the Constitution, certain powers are specifically assigned to the




Commonwealth government and others are held concurrently by both the Commonwealth and




State governments with Comnonwealth legislation prevailing in those instances where




conflicts between Commonwealth and State powers occur.  Powers not specifically




assigned in the Constitution remain witVi the States.  This is the case with most




aspects of environmental protection, especially with respect to regulatory control




functions involving the operation of State instrumentalities, municipal matters,




industrial enterprises, and the environmental conduct of individuals.  The Common-




wealth government has powers in those environmental protection matters involving




international relations, overseas trade, federal finance, territories, and the




                                        -1-

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                                                           1*
environmental impact of Commonwealth government activities.


       national environmental agency


          On the Commonwealth level, the chief governmental office with  environ-


mental responsibilities is the Department of Environment, Housing and Community


Development, which was established in December 1975 following the election of a


new Liberal-Country Party Government.  The new Department was formed by  an amalga-


mation of the Department of Environment and the Department of Urban and  Regional


Development and of sections of the Department of Tourism and Recreation  and the


Department of Housing and Construction.  The organization and aims of this Department


are currently being reviewed by the government.


          The House of Representative's Standing Committee on Environment and Con-


servation is to be reconstituted.  The Committee has in the past undertaken a wide


range of inquiries including one on land-use pressures in areas of high  scenic


value near major cities and another into the feasibility of establishing minimum

                                2
deposits on beverage containers.


       state environmental activities


          As indicated above, the individual Australian States are constitutionally


responsible  for the bulk of the environmental  control and management activities,


and all six  States have, in fact, set up environmental ministries or agencies for


this purpose;  however, only the organizations in New South Wales and Victoria,


the most populous  States, will be considered here.


          In New South Wales, the most populated and industrialized State, princi-


pal responsibility  for environmental control rests with the  State Pollution Control


Commission, which was established by statute in 1970 and which in April 1974 became


the major environmental agency, assuming most  of the functions earlier belonging  to




*A11 reference notes will be found beginning on page 31.




                                        -2-

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Authority, the  Fisheries  and  Wildlife Division,  the Land Conservation Council, the




National Parks  Service, the Port  Phillip Authority, the Soil Conservation Authority,




and Archaeological  and Aboriginal Relics.




          The work,  of  these agencies is now assisted by a central coordinating group




developed since  the Ministry  was  created.  The special responsibilities of  this




group include environment impact  assessments, information and extension, conserva-




tion planning,  and  broad-scale  multidisciplinary studies of those regions of  Victoria




where major development is  likely to occur.




          Three  major  regional  environmental study programs underway in Victoria




have put the  State  in  the forefront of environmental research.  The Westemport




Bay Regional  Study  in  particular  has achieved widespread notice, since it is  the




first in the world  begun  before major development  took place:   elsewhere, such




studies have  usually been undertaken to  try to solve problems caused by injudicious




development.




          The State Minister  for  Conservation, advised by  the Director of Conserva-




tion and his  staff, is  responsible for promoting the objectives of  the Ministry  for




Conservation  Act 1972, which  are:  a) the  protection and preservation of the  environ-




ment, and b)  the proper management and utilization of  the  land  and  living aquatic




resources of  Victoria.




          Pollution control in  Victoria  is the specific  responsibility of  the three-




man Environment  Protection  Authority and  its staff.  As  the  agency  responsible  for




administration  of the  Environir.ent Protection Act 1970,  the  E.P.A. has overall manage-




ment and control of all wastes  discharged  into the environment—into  the air, into




water or onto land.--plus  the  control and  prevention of  pollution  and  the control




of environmental noise  and  litter. Some  of  the  licensing  and enforcement  functions




provided for  in  the Act arc carried out  by other government  agencies  under  the




                                         -4-

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 E.P.A.'s  direction.  The Authority is advised by a 17-member Environment Protection




 Council  consisting  of  representatives of other government agencies, municipalities,




 industry,  the  universities  and  the general public.




           The  E.P.A. is divided into several branches, including:  Water Quality,




 which  is  responsible for the  quality of Victoria's streams and waterways; Air




.Quality,  which administers  those  licensing provisions of the Environment Protection




 Act  applying to air emissions and also monitors ambient air quality throughout




 Victoria;  Noise Control, which  formulates policies and drafts regulations, carries




 out  noise  surveys,  either  general or specific, and conducts research on particular




 environmental  noise problems; Land Waste Management, which is concerned primarily




 with the  prevention of pollution  caused by the deposit of waste material, either




 solid  or  liquid, onto  land;  and Investigations, which polices licensed discharges,




 detects  unlicensed  discharges and detects pollution generally.




        federal-state relationships




           In order  to  coordinate  State and Commonwealth efforts in  the environmental




 area,  a number of councils  comprised of State and Commonwealth  representatives  at




 the  ministerial level  have  been established.  One of the most prominent of these




 is  the Australian Environment Council, set up in 1972 for the purpose of providing




 consultation and coordination between the Commonwealth and State  governments on




 appropriate  environmental  matters.  Funded jointly by the Commonwealth and State




 governments  and supported by  a  standing committee of State and  Commonwealth officers,




 the  Council  is empowered to  set up ad hoc working groups to examine within a speci-




 fied period  specific tasks  assigned to them.  An example of this  is the working




 group  established to investigate  the question of a uniform deposit  scheme  for




 beverage  containers.   The  secretariat for the Australian Environment Council as




 /ell as  for  several other  similar councils,  is provided by the  Department  of




                                        -5-

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Environment, Housing and Community Development.


          Another Commonwealth-State body with important environmental functions


is the National Health and Medical Research Council, which is served by a large


number of advisory committees and subcommittees, many of winch are concerned with


aspects of environmental health.   The Council has endorsed draft model asbestos


regulations and recommended a national design for control of asbestos emissions


into the atmosphere from industrial sources, has made recommendations regarding


exhaust emissions from new motor vehicles, and has recommended that measures be


adopted to ensure that emissions of lead from motor vehicles are not increased.


          Other Commonwealth-State ministerial councils are:  the Australian Water


Resources Council, whose purpose is to provide a comprehensive assessment on a


continuing basis of Australia's water resources and the extension of measurement


and research so that future planning can be carried out on a sound scientific


basis; the Australian Transport Advisory Council, which has been Involved in efforts


aimed at the adoption of uniform motor vehicle exhaust control standards; the


Council of Nature Conservation Ministers;  the Agricultural Council; and the Fisher-

            8
ies Council.


          In addition, there has been Commonwealth-State cooperation in the develop-


ment of regional growth centers and in efforts to relocate certain industries away


from major industrial areas, as well as  in  the establishment of a national plan  to

                                                              9
deal with oil  spillage from both ships and  land-based sources.


       local governments and pollution control


          Local governments as  found in  districts, municipalities, shires, towns


and cities are usually run by elected local councils.  Created and governed by


state legislation and usually headed by  a  mayor or shire president, such councils


may pass or amend legislation within areas  allowed by State  governments and are


                                         -6-

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 rimarily concerned with matters such as road construction and maintenance, build-




ing regulations, garbage collection and disposal, sanitation, and noxious weeds.




In New South Wales, local councils are assigned functions under various environ-




mental legislation, including the Clean Air Act, the Clean Waters Act, the Noxious




Trades Act, and the Public Health Act.    The Clean Waters Act, for example, gives




local councils the authority to take action to remove pollutants from waters and




further provides that State authorities may require local councils to take such




action.  The Clean Air Act gives to local authorities the control of those less




significant polluting installations not required to obtain licenses from the State




Pollution Control Commission.




          In addition to other environmentally related functions, local councils




in Victoria have specific responsibilities under the new Environment Protection




 Noise Control) Act 1975.  Current regulations under the Act are'concerned with




domestic noise and give additional strength to local council by-laws relating to




noise.
                                       -7-

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1I.     Environmental  I. iws




       legisl.-1t i ve sys te_m




          The Australian national legislative body  is  the  Federal Parliament,  consis-




ting of the House of  Representatives  and  the Senate, both  elected by  universal  adulI




franchise.  Although  logisl.ation, with some exceptions, may originate  in  either the




House or  Senate, it is  in  fact  almost exclusively developed by  a minister,  his  de-




partment  and  the Cabinet and submitted to  the legislature  only  for  discussion  and




amendment.  Although  the Constitution allows the Governor-General,  as  representative




of the Queen, to reject legislation passed by the Parliament, modern  political  devel-




opments within  Australia have practically  abolished this power.




          State legislative systems parallel, for the  most part, that  of  the  Common-




wealth Government.  Each State  has a  popularly elected lower house  called either the




Legislative Assembly  or House of Assembly, and, with  the exception  of  Queensland,




which has a unlcamo.ral  legislature, each  state has  an  upper house called  the  Legis-




lative Council.




          Much  legislation on both the Federal and  State levels is  loosely drafted,




leaving to the  ministries  the task of  filling in important details  through "delegated




legislation"  in the form of regulations.   This applies, for example,  to both  the New




South Wales Clean Waters Act and the  Clean Air Act, both of which are supplemented  by




extensive regulations.  Although subject  to some parliamentary  review, this practice




of delegated  legislation has the effect of permitting  the  amendment and  extension of




controls within broad guidelines set  by Parliament.




          In  Victoria, however, legislation tends to be more  tightly  drafted,  with




all significant details embodied in the net.  Even  regulations  are  coming increasingly




under parlianen tary c.oitrol; for instance, the new  Environment  Protection (Noise Con-




trol) Act 1975  require-i that proposed  regulations under the Act be  tabled in  both




Houses of Parliament  for 1A sitting days.




                                        -8-

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       highlights of environmental laws
       general
          Since legislative powers in areas affecting the environment are constitu-
tionally granted to the States, most significant regulation in the environmental
sphere is contained in State legislation.   There are, for example, no Commonwealth
laws dealing with air pollution, and those dealing with water pollution concern
chiefly those coastal waters over which the Commonwealth Government rather than the
State Governments have control.
          However, a number of Acts of Parliament have been passed which deal with
the environment.
          The Environment Protection (Impact: of Proposals) Act 1974 requires sub-
mission of environmental impact statements for proposals which arc likely to have
significant impact and which involve any arm of the Commonwealth Government.  The
 ict also contains extensive provisions for public participation in the decision-
making process.
          Several pieces of Commonwealth legislation provide for national funding
of State environmental activities.  Under the State Grants (Nature Conservation)
Act 1974 funds are provided to the States to acquire and reserve land for national
parks and nature reserves.  $1.8m was appropriated in 1975-76 for this purpose.
          The States Grants (Soil Conservation) Act 1974 provides $2.5m  for the
period ending June 1976 for an interim program of financial assistance to the States
for soil conservation, while the States Grants  (Water Resources Assessment) Act
1974 provides for the payment of $15.9m by June 1976 to  assist the States in
assessing both water quantity and quality.
          The National Parks and Wildlife Conservation Act 1975 establishes a
 rofessional service to enable the Commonwealth Government to bring a coordinated
approach to the management of nature conservation resources in the areas under  its
direct control.
                                        -9-

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          The Great Barrier Reef Marine Park Act 1975 provides for the establish-



ment of an authority to examine the entire Barrier Reef region, to determine which



sections should be proclaimed as part of the Great Barrier Reef Marine Park and



decide appropriate uses for its various sections.  The Marine Park will be managed



by the National Parks and Wildlife Service.



          The Australian Heritage Commission Act 1975 provides for the establish-



ment of a Commission to advise the Government on action to conserve, improve and



present the National Estate.



       commonwealth water legislation



          The Beaches, Fishing Grounds and Sea Routes Protection Act of 1932,



most recently amended in 1966, provides that no  garbage, rubbish, ashes or organic



refuse may be discharged into the sea from a vessel in any prohibited area in



Australian waters, except with the permission in writing of the Director of the



Quarantine Office.  Regulations made under the act specify those areas in which



vessels may be sunk and in which garbage and other wastes may be discharged from


 ,  .   11
ships.



          Further protection  for waters is provided for by the Navigation Act No. 2,



1970, which makes provisions  for preventing and  dealing with  the effects of pollu-


                                                               12
tion by oil of the Australian coast, coastal waters, and reefs.    Under this act,



the Minister  for Transport is given  the power to  require the  owner of a ship to take



action to avert or to clean up pollution at his  own expense,  and, if necessary, to



have the Government take such stops  at the owner's expense.   Provisions dealing with



pollution of  the sea by oil are also contained in the Petroleum  (Submerged Lands)



Act of 1967, which empowers the Governor-General  to make regulations concerning,



among other things, the prevention of pollution  resulting from offshore drilling,



as well as in the Pollution of the Sea by  Oil Act of 1970 and its pursuant  regu-



lations, which give effect in Australia to  the International  Convention for the



                                       -10-

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                                                13
 revention of Pollution of the Sea by Oil, 1954.



          The Australian Institute of Marine Science Act 1972-73 establishes the



Australian Institute of Marine Science.   The functions of the Institute, which is



the responsibility of the Minister for Science, are to carry out investigations in



the field of marine science (including the effects of pollution) and to publish



their findings.



          To provide comprehensive legislation that draws together, as far as prac-



ticable, all the Commonwealth Government  responsibilities that exist to protect the



marine environment, a new bill, the Environment Protection (Marine) Bill, has been



prepared.  The Bill, which is expected to be presented to the Parliament during the



latter part of 1976, is intended to give  the Commonwealth Government power to act



to prevent and control  the major man-made sources of pollution, especially dumping



or discharge from ships and to implement  a number of international conventions



relating  to oil spillage and other toxic  chemicals.



       national legislation:  other areas



          Commonwealth  Government level provisions  for  the control of noise  pollution



are  contained  in  the regulations n-iade pursuant to  the Air Navigation Act of  1920.



These stipulate noise  abatement procedures  r.o  be  followed by  aircraft using  major


                     14
Australian  airports.



           In addition  to  those laws  dealing directly with protection of  the  environ-



ment, there  is other legislation only marginally  dealing with the  environment.   For



example,  the National  Health  Act of  1953  authorizes research  and  the establishment



of  research  facilities  which would be utilixed, among other  things,  for research into



matters  dealing with the  environment  and  pollution.



       state environmental  legislation:   general



           All  Australian  States have  passed major environmental legislation.  In



 some states,  such as Tasmania, broad environmental areas arc covered in a comprehensive

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environmental law.  In others, such as New South Wales and Queensland, there is s


rate legislation covering air and water pollution.  In addition, the various States


have also enacted laws such as the New South Wales State Pollution Control Commission


Act of 1970, which creates the mechanism for coordinating the various environmental


programs.    Although there are some differences in approach found in the legislation


of the individual States, some indication of the nature of Australian State environ-


mental legislation can be obtained by examining the laws of the most populated and


industrialized States, New South Wales and Victoria.


       N.S.W. environmental legislation:  water


          The chief New  South Wales water pollution legislation is the Clean Waters


Act of 1970,   which provides for the classification of State waters, the prescrip-


tion of standards in relation to these classifications, the licensing of drains dis-


charging pollutants into  classified waters, and the prohibition from polluting war~rs


other than  in accordance  with conditions contained in a license.  The Regulations pro-


vide that where pollutants are being discharged from premises the occupants may be


ordered to  install apparatus or equipment to control or prevent water pollution.  Cir-


cursstances  are also specified under which any  statutory or local authority may be


directed to remove, disperse, destroy or mitigate pollution caused by any person.


Furthermore,  the  Minister for Planning and Environment, who administers  the Act, may,


in emergency  circumstances,  authorize or prohibit the discharge of pollutants  into


any waters  and may impose conditions on such discharges.  The Clean Waters Act super-


sedes or overrides all previous New South Wales legislation dealing with water pollu-


tion, with  the exception  of  the Prevention of  Oil Pollution of  Navigable Waters  Act


of 1960, which covers  the control of oil pollution  from vessels and  from land  instal-

                                                           18
lations located within navigable waters of New South Wales.


       N.S.W. legislation:   air

                                                     19
          The New South  Wales Clean Air Act of 1961,   as most  recently  amended  in  1974


                                        -12-

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provides for the licensing of major polluting premises, such as chemical manufactur-



 ing works and oil refineries, scheduled in the appendix to the Act.  Fees may be



charged for licenses, and conditions may be Imposed on licenses with regard to pollu-



tion control equipment, fuel burning equipment and industrial facilities.  Approval



is required for all new industrial plants.  It is also stipulated that certain work



within scheduled premises may not be carried out without approval, that the occupiers



may be required to carry out work as directed, that emission standards for air impuri-



ties may be prescribed, and  that where such standards are not prescribed, the "best



practicable means" are to be used to prevent or minimize pollution.  The Minister



for Planning and Environment may prohibit the use of  fuel, fuel burning equipment or



industrial plants in certain areas and may order the  cessation of any operation which



is, or is likely to be, injurious to public health or to cause discomfort or incon-



venience to persons.  The Minister may also issue orders to prohibit burning by open



  Ire.  Provisions are also made  for control of air pollution  from premises other



than those scheduled in the  Act  itself.



          As amended in 1970, the Clean Air Act now prohibits  the sale or use of



motor vehicles  that emit excessive air impurities and permits  the making of  regula-



tions requiring that motor vehicles be fittc.d with anti-pollution  devices; it also


                                                                              20
prohibits the sale and distribution of motor vehicle  fuels of  specified  types.



       N.5.W. legislation:   noise



          The New South Wales Noise Control Act, 1975, which  is  administered by


the  State Pollution  Control  Commission, provides a means of preventing,  minimizing



and  abating "corr.munity" noise,  that is, noise that affects members  of  the  community



outside  factories and occupational situations.  Noise in  factories  and  other occupa-



tional situations is covered by other  legislation.



          The Act's  operation is based on  five  fundamental  controls:   the  licensing



of premises on  which large volumes of  noise are likely  to be  created;  the  prohibition



                                       -13-

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of the sale of articles which emit noise in excess of prescribed standards; the i^Hc


of noise control notices by the State Pollution Control Commission and local author-


ities to limit the level of noise being emitted from premises or the times at which


noisy activities may be conducted; the issue by the courts of orders to require noise


to be abated; and verbal directions to be issued by the police and other authorized


persons to require the immediate cessation of offensive noise.


       N.S.W. legislation:  other areas


          New South Wales legislation covering areas other than water and air pollu-


tion includes:  the Radioactive Substances Act of 1957, which provides for regula-


ting the disposal of  radioactive substances and for ensuring  the safe disposal of

                            21
radioactive waste products;   the Pest Destroyers Act of 1945, x^/hich regulates the

                                                              22
sale of and the prevention  of the adulteration of pesticides;   and the Waste Disposal


Act of 1970, which regulates  the disposal of wastes in  the Metropolitan Waste Disposal

                23
Region (Sydney).


       environmental  legislation in Victoria


          Victoria's  environmental legislation is of  two types:  wide-ranging "over-


view" provisions such  as  the  Ministry  for Conservation  Act 1972 and the Environment


Protection Act 1970,  together with a number of acts dealing with specific  aspects of


environmental management.


          The EnvironTnent  Protection Act 1970  covers  air, water, land and  noise pol-


lution.  The Act introduced to  Australia a pollution  control  approach based on an


initial assessment  of the  air or water  quality or ambient noise levels required to


meet the general needs of  the community as a whole.


          The levels  are  to be  achieved through  the declaration of  a  State Environ-


ment Protection  Policy for each segment of  rhe environment.   The  first of  these


policies, for  the  waters  of Port  Phillip Bay,  was proclaimed  on April 10,  1975.


This policy divides  the  Bay up  into  a  number of  segments based on  the differing


                                        -14-

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beneficial uses of water - for instance, bathing, fish conservation, industrial




^ter supply and navigation, and stipulates appropriate water quality criteria to




maintain these uses.  The policy also sets out an attainment program and a target




date by which time it is anticipated adequate water quality will be achieved.  Com-




munity input to policies at the drafting stage ensures that the policies represent




the views of as wide a section of the public as possible.




          A number of other policies are in an advanced stage of preparation.  It




is the Authority's intention that all sections of Victoria will ultimately be covered




by Environment Protection Policies, so  that in addition to policies for bays, rivers




and lakes, there will also be policies  for air-sheds setting out desired air quality




criteria, and noise policies laying down maximum noise levels for  different  areas




at various periods during the day or night.




          There are several acts dealing with specific aspects of  environmental




  .nagement in Victoria.




          The Port Phillip Authority Act 1966 gives that  Authority responsibility




for the well-being and maintenance of Victoria's most  important bay.




          The updated and expanded Fisheries Act 1975  makes important  changes  in




the management of commercial  fisheries  in  Victoria.




          The new Wildlife Act 1975, which replaces the essentially prohibitive




Game Act  1958, provides  for the present needs of wildlife conservation and a flex-




ible framework to cater  for future needs.




          The National Parks  Act 1975 allows the National Parks Service  to manage




other  types  of parks  to  meet  differing  community needs.




          The Soil  Conservation and  Land Utilization  Act  1958 and  associated legis-




lation give  responsibility  to  the  Soil  Conservation Authority  to  achieve the best




  ossiblc  use of  the  State's land resources and  to  ensure  sustained yields  of high




quality water  from  Victoria's  catchment areas.




                                        -15-

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          The Land Conservation Act 1970 replaces the Land Utilization Advisory




Council established in 1950  under the Soil Conservation and Land Utilization Act.




It enables the Land Conservation Council to carry out investigations and make recom-




mendations to the Minister  for Conservation on  the balanced use of public land




throughout the State.




       sources for text of  laws and ordinances




          Commonwealth Government legislation is published in Commonwealth Acts,




while State legislation appears in the law compilations of the individual Australian




States.  Commonwealth regulations are initially published in the Commonwealth of




Australia Gazette and later  collected in Commonwealth Statutory Rules.  State regu-




lations are published in  the individual State gazettes.
                                        -16-

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fll. Standards



     water standards



          All Australian States have legal provisions for the setting of water



standards.  Although individual States are under no constraint to adopt parti-



cular standards, there have been efforts to ensure that standards of dif-



ferent States will be based on essentially the same criteria.  The Australian



Water Resources Council has been especially instrumental in coordinating efforts



in this area and in developing national-level guidelines on which States are


                                       24
encouraged to base their own standards.



          In New South Wales, water standards are contained in regulations


                                                25
issued pursuant to the Clean Waters Act of 1970.    These regulations set up



a six-level classification of waters, ranging from Specially Protected Waters,



into which no wastes are to be discharged, to Class 0 (Ocenn Outfall Waters),



^hich are less  restricted with regard to effluents discharged into them.  For



each class of waters there are general standards, which take into account



factors such as the presence of organic wastes, grease, oil, solids and



discoloration harmful to acquatic life, and the pH value of the wastes.  In  ;



addition, for certain classes of waters there is a list of restricted substances



which may not be present in effluents in excess of the amount listed in the



schedule appended  to the regulations.  These include:  arsenic  (0.05 mg/1);



barium (1.0 mg/1); boron (1.0 mg/1); cadmium (0.01 mg/1); chloride (250 mg/1);



hexavalent chromium (0.05 mg/1); copper (1.0 mg/1); cyanide  (0.05 mg/1);



flouride  (1.5 mg/1); filtrable iron  (0.3 mg/1); lead  (0.05 mg/1); filtrable



manganese (0.05. rag/1); mercury  (0.001 mg/1); methylene blue  active substances



(0.5 mg/1); nitrogen in ammonia  (0.5 mg/1) and  in nitrates plus  nitrites



(10.0 mg/1); phenolic compounds  (0.001 mg/1); selenium  (0.01 mg/1);




                                     -17-

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silver (0.05 mg/1); sulfate (250 mg/1); uranyl ion (5.0 rag/1);  and zinc (5.0 rag/



Also listed are effluent levels for a group of pesticides and weedkillers,  as well



as limitations on  the gross alpha and beta activity of radioactive substances.



          The regulations also prescribe the methods by which effluents are to be



analyzed for the presence of these restricted substances as well as for bacteria,



oil and grease and for the determination of the pH level.



     air standards



          Binding  standards for dealing with air pollution are  issued only by State



authorities; however, national guidelines for emission standards for a variety of



substances, including acid gases, antimony, arsenic, cadmium,  flourine and its



compounds, hydrogen sulfide, lead, mercury, nickel, nitric acid, nitrogen oxides,



sulfuric acid and  sulfur trioxide in effluent gas from stationary sources, have



been developed by  the Commonwealth-State National Health and Medical Research Co1"1-



cil.  The Council  has also issued recommendations on exhaust emissions from new



motor vehicles, on the lead content of gasoline, and on asbestos emissions from indus-


                                                                                 26
trial sources.  National guidelines of this nature also exist for smoke and soot.



          Emission standards for a range of major pollutants have been estab-



lished in New South Wales, Queensland and Victoria; however, none of the States



has established ambient air quality standards.



          Emission standards for New  South Wales cover 16 major pollutants.



Expressed mostly in grams per cubic foot, these standards limit the rate at


                                                             27
which pollutants can be emitted but not  their total quantity.    Emission stan-



dards for specific pollutants in effluent air or gas  from stationary sources



cover:  acid gases, antimony, arsenic, cadmium, chlorine, flourine, flourine-



inorganic compounds, hydrogen chloride,  hydroflouric  acid, hydrogen sulfide,



lead, mercury, nitric acid, nitrogen  oxides,  sulfuric  acid, and sulfur trioxide





                                      -18-

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For some substances, standards differ depending on whether new or old  installa-



tions are involved.   In addition to the above,  standards have also been set  for



particulate matter in effluent air from, among  other things, fuel combustion,



incineration of refuse and from metallurgical processes.  Standards for visible



emissions of smoke from stationary sources as well as for soot from boilers  or


                                                     28
furnaces burning oil or gas have also been Laid down.



          The New South Wales Clean Air Act also allows for the regulation of



the height of chimneys and smoke stacks, and this power has been used  to order


                                 29
the contruction of taller stacks.



          Where standards for particular pollutants have not been specified  in



regulations, the New South Wales Clean Air Act  states that the occupier of



either scheduled or unscheduled premises "shall conduct any trade, industry  or



process, or operate any fuel burning equipment  or industrial pl.ant, in or on



such precises by such practicable means as may  be necessary to prevent or mini-



mize air pollution."  This general standard is  known as the "best practicable



means" standard.



          With regard to emissions from mobile  sources, the National Health  and



Medical Research Council has recommended that exhaust emissions from new motor



vehicles, manufactured on or after January 1, 1976, should not exceed  the follow-



ing levels when tested in accordance with the 1973 U.S. Federal Test Cycle CVS-C



and the 1973 U.S. Test Methods:



                  hydrocarbons:  2.1 grams per  vehicle kilometer;

                  carbon monoxide:  2.42 grams  per vehicle kilometer;    o-i

                  oxides of nitrogen:  1.9 grams per vehicle kilometer.
                                     -19-

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IV.  Enforcement Procedures


     overall court system


          The judicial power of the Australian Commonwealth is vested in the

High Court of Australia and other federal courts such as the Commonwealth Indus-


trial Court and the Commonwealth Bankruptcy Court.  State courts may also be


invested to deal with offenses in breach of federal statutes.

          The High Court has original jurisdiction in such matters as treaties

affecting representatives of other countries, disputes between States or citi-

zens of different States, and matters involving the Constitution or its interpre-

tation, while its appellate jurisdiction applies to appeals arising from decisions


made by the High Court in its capacity as a court of original jurisdiction or

from other federal courts or State courts exercising federal jurisdiction.

          State judicial systems vary somewhat from State to State.  In general,

however, States have a superior court known as the Supreme Court, which has a

broad original and appellate jurisdiction.  In contrast to criminal cases, which


are always heard before a judge and jury, civil cases in such courts are usually

heard by a single judge without jury.  Appeal from decisions is to the Full

Court of the Supreme Court, vhich is made up of three judges.   Inferior courts

generally fall into two groups:  the Courts of Petty Session,  which, presided


over by a magistrate acting without jury, handle the bulk of minor criminal


offenses, and the inferior civil courts, which are restricted with regard to the

kinds of cases they may hear as well as  to the amount of money which may be

claimed before them.


     enforcement mechanisms:  New South Wales


          The. air, water and environmental protection acts of the various Austra-


lian States detail the mechanisms by which environmental damage is to be brought

under control.
                                       -20-

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          The basic enforcement device for the control of water pollution in



    South Wales is the licensing system provided for in the Clean Waters Act


                                     32
of 1970 and its pursuant regulations.     This legislation stipulates that



licenses must be obtained from the State Pollution Control Commission for



drains (including any drain, line of pipes, sewers, stormwater channel, or



artificial watercourse) through which discharges are made into waters classi-



fied under the Act.  In order for a license application to be approved, effluents



must meet the standards laid down in the regulations, as well as any other



conditions imposed by the SPCC.  Such licenses are issued for one year periods and



subject to revocation or the imposition of new conditions.  License fees of up to



$3,000 may be charged.  The amount of the fee depends on the type of drain and



amount of pollutants likely to be discharged on a daily basis.  Provisions are made



for appeals against conditions placed on licenses, as well as against classification



of waters.



          Permission from the SPCC is required for the installation, construction



or tr.odification of any apparatus or equipment for the discharge of effluents into



any waters.



          In emergency situations, the New South Wales Minister of Environment



and Planning is authorized to allow the discharge of pollutants ordinarily for-



bidden by the provisions of the Act or, conversely, to forbid the discharge of



pollutants or place conditions upon their discharge.  Failure to comply with



the latter conditions is considered an offense.  In cases where waters are



polluted, local authorities or statutory authorities (water boards, electric



authorities, etc.) may direct the polluter to act to remove or mitigate the



pollution and may recover all costs and expenses incurred by the authority in



connection with the removal of the pollution.  Such authorities may be ordered


                                                 00
to act by the State Pollution Control Commission.



                                       -21-

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          To facilitate enforcement activities, the C3can Waters Act authorizes


the State Pollution Control Commission to require the occupier of any premises


to furnish information on the manufacturing processes carried on there or on dis-


charges likely to be issued.  Authorized officers may (1) enter premises in which


trade or industrial activities are being performed and from which it is believed


that pollutants may be discharged in order to examine the apparatus used in this


connection; (2) take and remove samples of any wastes that are being or are likely


to be discharged from the premises; (3) test those samples to ascertain if they


comply to conditions laid down in the license; (4) take any photographs necessary;


and (5) request in writing  the submission of books, plans, maps or documents relat-

                  34
ing to discharges.


          Proceedings for an offense against the act or its regulations may be held


before a Court of Petty Sessions presided over by a magistrate sitting alone or


before the State Supreme Court sitting without jury.


          The New South Wales Clean Mr Act provides for a licensing system under


which the occupier of scheduled premises must hold a license for the operation of


such premises.    Scheduled under the act are installations such as:  cement works;


chemical works; coke works; ferrous and non-ferrous metal works; gas works; grinding


and milling works; oil refineries; pre-mix bitumen plants; primary metallurgical


works; scrap r.etal recovery works; and those premises on which there are boilers,


incinerators or furnaces consuming or capable of consuming either alone or in aggre-


gate more than one ton of combustible material per hour.  Licenses are valid for a


one year period, and conditions placed upon them may, among other things, require


the holder to install and operate control equipment; to repair, alter or replace


control equipment; to erect chimneys or alter  their height; and may prohibit the


licensee from altering or replacing control equipment without permission of the


State Pollution Control Commission.  Fees ranging up to $3,000 may be  charged  for


                                       -22-

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licenses, depending on such factors as the class of the scheduled premise,  its




location and the number of employees.




          In the case of unscheduled premises, which do not require licenses from




the State Pollution Control Commission, local authorities may require operators




to install and operate control equipment, to repair such equipment or to erect




chimneys or alter their height.




          In order to gather information necessary for enforcing the law, the State




Pollution Control Commission (in the case of scheduled premises) or the local




authorities (in the case of unscheduled premises) may require the submission of




information on fuel burning equipment, on industrial processes, or on fuels or wastes




being burned on the premises.  Authorized officers may also enter premises  to examine




and inspect any pollution control equipment, fuel burning equipment or industrial




facility and may make those examinations or tests considered necessary to ascertain




if conditions as laid down in  the license are being adhered to.




          The Act also empowers the Minister of Environment and Planning to issue




orders prohibiting the use of  specific fuels, fuel burning equipment or industrial




facilities.  Furthermore, when the Air Pollution Advisory Committee of the State




Pollution Control Commission reports that the emission of air impurities from any




premises is or may be injurious to public health or cause discomfort or inconven-




ience to persons, this Minister may direct the occupier of the premises to cease




the offending activity for a specified period of time.




          Proceedings for offenses against the New South Wales Clean Air Act are to




be held  in a Court of Petty Sessions before a magistrate or two justices without




jury or  the Supreme Court in its summary jurisdiction.




          The New South Wales  Noise Control Act provides for a licensing system




under which the occupier of scheduled premises, i.e. premises from which a large




  olume of noise may be emitted because of the activities conducted therein, must




                                       -23-

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hold a license in respect of those premises.  Licenses are valid for a one-year




period and conditions placed upon them may, among other things, set maximum permi




sible noise levels.  License fees of up to  $3,000 may be charged.  The State Pollu-




tion Control Commission may issue notices to require control equipment, noise bar-




riers or equipment  to be  installed or erected on scheduled premises and may pro-




hibit specified activities  from being carried out on premises or articles being used




or operated thereon.  Where it sets maximum noise levels for specific premises, the




State Pollution Control Commission may nominate any point either inside or outside




the premises where  it shall measure the noise being emitted.




          In the case of  unscheduled premises, local authorities may issue notices




to require noise control  equipment, noise barriers or other work to be installed,




erected or carried  out.   The local authorities do not have the power to fix noise




levels and they must show that the noise emitted from premises constitutes offen-




sive noise before an occupier of premises may be convicted of an offense under th




Act.  Local authorities and the State Pollution Control Commission may also issue




notices to restrict the times during which  trades, industries and processes may be




carried out on unscheduled  premises.  The Maritime Services Board has similar powers




in relation to the  use and  operation of vessels in navigable waters.




          Maximum permissible noise levels  may be set by regulation for any class




of article, and it  is an  offense  for any person to sell an article which emits noise




in excess of the set level.  Where an article is required to be  fitted with noise




control equipment it is an  offense to sell  an article which is not so  fitted.




          The Act provides  that the occupier of any premises may make  a complaint




to a court alleging that  his occupation of  the premises is affected by offensive




noise, and the Court may  summon  the person  responsible  to appear before it.  The




Court may make an order directing  the noise to be abated or prohibiting its recur-




rence, and it is an offense  to disobey such an order.




                                       -24-

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          Noise abatement orders may be issued by the police and authorized officers




t>f the State Pollution Control Commission and local authorities and are intended to




enable prompt effective action to be taken in relation to noisy parties and similar




activities.  The directions may be issued verbally to the occupier of premises or




any person contributing to the making of noise.  They remain in force for six hours,




and it is an offense to continue offensive noise after a direction is issued.




       enforcement mechanisms:  Victoria




          As mentioned above, the Victoria Environment Protection Act 1970 provides




for the setting of a State Environment Protection Policy for each segment of the




environment (see page 14).  Once such a policy has set out a rationale for pollution




control, taking into consideration the high cost to the community of a clean environ-




ment, the Act enables pollution to be controlled in three ways:  (1) by taking legal




proceedings against those who pollute the environment either willfully or through




negligence; (2) by regulatory control, for example, through regulations restricting




the manufacture, sale or  use of equipment or materials which cause pollution; and




(3) by limiting the discharge of waste by means of a licensing system.




          In Victoria, any person who discharges, emits or deposits waste into the




environcent nust apply for and be granted a license to do so unless the waste has




been specifically exempted.  This obligation applies to State and local government




agencies, as veil as to industry and commerce  generally and to private persons.




The Environment Protection Act 1970 defines waste as including:  "Any  matter pres-




cribed to be waste and any matter, whether liquid, solid, gaseous or  radioactive




which is discharged, emitted or deposited in the environment in such  volume, consti-




tuency or manner as to cause an alteration of  the environment."  Licenses  are not




necessary, however, if wastes are discharged directly into a sewage collection and




treatment syster?..




          Licenses are not automatically  granted.  License  applications  are  assessed




                                       -25-

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according to the effect the proposed discharge would have on the receiving environ-


ment.  Applications may be refused if the discharge would he too damaging, or tm


may be granted with conditions governing the characteristics of the discharge, for


example, its volume, composition and temperature or the period during which a dis-


charge may be made.  The license may also contain a requirement for the holder to


monitor the discharge.  License conditions remain in force in perpetuity unless the


license is amended or revoked.  Breaches of conditions result in heavy penalties.


          An applicant or licensee can appeal against licensing decisions.  A dis-


satisfied applicant or licensee can appeal within 30 days to the three-man Environ-


ment Protection Appeal Board, which is completely independent of the Environment


Protection Authority.  Final recourse on matters of law is to the Supreme Court.


          Licenses, if granted, cost from $5 to $5,000 a year; a fee schedule can


be obtained from the Environment Protection Authority, Victoria, or its delegated


agencies.  Money from licenses goes into the Consolidated Fund of the State of


Victoria, not to the environment Protection Authority.  Revenue from licensing is


equivalent to about a quarter of the costs of the Environment Protection Authority's


operations.


          Anyone affected by a waste discharge has the right of appeal within 30


days against cne granting, amendment or removal of a suspension of a waste discharge


license.


       penalties


          In all Australian States, penalties can be incurred for offenses against


the provisions of environmental legislation.  In New South Wales, penalties for


offenses against the Clean Waters Act may range as high as $10,000 for an initial


offense with a further penalty as high as $5,000 for each day the offense continues.


Penalties for offenses against regulations made under the Act may run as high as

                                                      36
$5,000 plus $2,000 for each day the offense continues.    Under the New South Wales


                                       -26-

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Clean Air Act, penalties are not to exceed $10,000, with an additional penalty of




$2,000 for each day the offense continues.  Penalties against the Clean Air Regula-




tions may not exceed $5,000 initially, with an additional $1,000 per day fine for



                    37
continuing offenses.    The maximum penalties under the Noise Control Act are $5,000




with daily penalties of $1,000.




          In Victoria, penalties up to $5,000 for a single offense and $2,000 a day




for a continuing offense can be imposed for causing pollution, and penalties of up to




$500 for a first offense, $5,000 for a subsequent offense and $2,000 a day for a




continuing offense can be imposed for breaches of license conditions or an unlicensed



A-  U     38
discharge.
                                       -27-

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V.     Interrelationships Between Government and Industry



       major industries in Australia



          The mineral industry has always played an important part in the Australian



economy, and discoveries over the last twenty years of a large number of major depos-



its of minerals such as coal, bauxite, iron ore, nickel, manganese, oil and natural



gas have contributed to the upsurge experienced by Australian manufacturing industries



during that same period.  Manufacturing, concentrated chiefly in New South Wales and



Victoria, now accounts  for more  than 28 percent of the gross national product and



employs more than a quarter of the work force (1.3 million workers), better than



half of which are engaged in metal working and the production of metal products.  The



oil refining industry has increased significantly since 1950, leading to a corres-



ponding growth in production of  industrial and heavy chemical products.  Automobile



manufacturing plays a particularly important: role in the economy,  and shipbuilding



and production of plastics and construction materials are also of  significance.



       industrial monitoring systems



          Under the Victoria Environment Protection Act the holder of a license may



be compelled at his own expense  to conduct a monitoring program designed to provide



the Environment Protection Authority or concerned agencies with information concern-



ing the characteristics, volume  and effects of the discharge, emission or deposit



proceeding  from an  industrial plant as well as on the characteristics of the receiv-



ing environment.  The data arising from this monitoring would then be submitted to


                                                39
the Authority at times  specified in the license.    In addition, extensive monitoring


                                       40
is carried  out by the Authority  itself.    New South Wales also has  legal provisions



for forcing companies to conduct monitoring of their discharges.   Provisions are made



for monitoring by State officials as well, and industry is expected  to make facilities


                                             41
available for inspection by such authorities.
                                        -28-

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       policy on who pays cost  of cleanup


          The principle that polluting industries  must pay  the  cost  of  pollution


abatement and control is embodied in provisions of the environmental legislation of


several States.   Under the provisions of both the  New South Wales  Clean Air Act  and


Clean Waters Act, for example,  offending industries are expected to  install and  oper-


ate appropriate pollution control equipment.   In this regard,  industry  is  expected


to have spent $80 million on air pollution control equipment for the period 1963-1975


for scheduled premises in New South Wales, and B.U.P., Australia's largest steel com-


pany, has estimated its expenses at its four major plants throughout the country at

                                             42
$44,740,000 for the 15-year period 1960-1975.


          License fees provided for in the environmental legislation of Victoria,


Queensland and New South Wales serve to encourage industries to reduce polluting


activities, since these are based on the amount and type of pollutants emitted.   In


  aw South Wales such fees have helped to pay a substantial portion of the budget of

                                 43
the pollution controlling bodies.


       cooperation between industry and government


          Cooperation between industry and Government has played an important part


in environmental protection efforts in Australia.   In New South Wales, industry and


the State air pollution control authorities have worked together in solving pollu-


tion control problems.  For example, the determination of what constitutes "best


practicable means" in cases where standards  for particular pollutants have not been


formally established is usually made by negotiations between the government and the


company concerned, whereby the economic feasibility of possible solutions  is given

                         44
particular consideration.    In Western Australia  cooperation between  government and


industry is particularly significant,  the Environmental Protection  Authority preferring


  policy of case-by-cnse consideration of environmental problems to one in which in-

                                                    45
dustries are forced  to  adhere to "rigid guidelines."


                                        -29-

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          In all States, industrial representatives serve on advisory boards instru-




mental in developing pollution control policies.  Of the twelve members of the Air




Pollution Advisory Committee established by the New South Wales Clcsan Air Act, one




is to be a representative of the Chamber of Manufacturers and one is to represent




the Metal Trades Employers' Association.  Similarly, the fifteen-member Clean Waters




Advisory Committee established under the Cle.m Waters Act is to have one representa-




tive from primary industry  and one  from secondary industry.  In addition, the New




South Wales Pollution Control Commission has representatives from primary industry,




secondary industry and  commerce  arcong  its eleven members.




          In Victoria the 17-nernber Environment Protection Council, which is advisory




to the Environment Protection Authority, includes representatives from industry,




local councils,  the universities, other government  departments, the Trades Hall and




the general public.
                                         -30-

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Reference Notes


Numbers in brackets following entries are the identification numbers assigned
to documents which have been abstracted for the Foreign Exchange Documents Program
of the E.P.A. Office of International Activities.  Copies of documents are filed
under these numbers at the E.P.A. Headquarters Library in Washington, D.C.

 1-  Information of [Australian] Environmental Activities, (UN Environment
     Program—Preparation for Second Session of Governing Council),
     (Canberra?, 1974?), p 2.  [//02662A]

 2.  ibid., p 4.

 3.  ibid., p 2.

 4.  New South Wales.  Ministry  for Planning and Environment, The State Pollution
     Control Commission and  the  Lnvironmental Legislation of New South Wales,
     (Sydney, NSW:  Ministry for Planning and Environment, 1974).   [//02652A]

 5 .  ibid., p 6.

 6.  Australian National Report  on Problems of the Human Environment,
     (Prepared  for the 1972  United Nations Conference on the Human  Environment),
     (Canberra: 1972), p 18.  [?-'02583A]

 7.  Information on Environmental Activities, op. cit., pp 15-16.

 8.  ibid., pp  17-18.

 9.  ibid., pp  26-27.

10.  The State  Pollution Control Commission and  the Environmental
     Legislation of New South U'ales , op. cit. , pp. 13-14.

11.  "The  Beaches, Fishing Grounds and  Sea Routes Protection Act, 1932,"
     Commonwealth Acts, vol. 30, (Canberra:  Government Printer, 1932), pp 211-13.

12.  "Nov.  11,  1970 Navigation Act  (No. 2),"  Commonwealth Acts, 1970,
     (Canberra: 1970), pp 662-69.

13.  Commonwealth Legislation Containing Provisions Directly Relating to
     Environmental Matters,  (Canberra:  1973?), p 1.   [//02661A]

14.  ibid., p  2.

15.  ibid., p  l._

16.  "State Pollution  Control Commission Act, 1970,"  The  Statutes of New
     South Wales Passed During  the Year 1970, vol. 2,  (Sydney:   Government
     Printer,  1972), pp 1908-1937.
                                         -31-

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17.  "Clean Waters Act, 1970," The Statutes of New South Wales Passed During
     the Year 1970, vol. 2, (Sydney:  Government Printer, 1972), pp 1681-1712.
     [#01883A]

18.  The State Pollution Control Commission and the Environmental Legislation
     of New South Wales, op. cit. , p 10.

19.  "Clean Air Act, 1961," as amended, New South Wales Incorporated Acts...1971,
     (Sydney:  Government Printer, 1972), no.  986.  [#01882A]

20.  "Clean Air (Further Amendment) Act," The Statutes of New South Wales
     Passed During the Year 1972,  (Sydney:  Government Printer, 1973), pp 858-865.

21.  "March 25, 1957 Act No. 5, Radioactive Substances Act," The Statutes of
     New South Wales Passed During the Year 1957, (Sydney:  Government Printer,
     1958), pp 10-20.   [//01887A]

22.  "March 21, 1945, Act No. 10,  Pest Destroyers Act," The Statutes of New
     jjouth Wales Passed During the Year 1945, (Sydney:  Government Printer,
     1946) , pp 57-67.   [i?01886A]

23.  "Dec. 9, 1970 Act No. 97, Waste Disposal Act," The Statutes of New South
     Wales Passed During the Year  1970, vol. 2,  (Canberra:  Government Printer,
     1972), pp 1972-2019.   [//01884A]

24.  L. Henry, "Water Pollution Legislation (State)," Waste and Wastewater
     Treatment:  Australian Water  and Wastewater Association Summer School,
     Feb.  1973, Session 21(a), (Canberra:  Australian Water and Wastewater
     Association, 1973), p 8.  [•;01496A]

25.  "Clean Waters Regulations, 1972," New South Wales Government Gazette  for
     the Year 1972. vol. IV, no. 117,  (Sydney:   Government Printer, 1973),
     pp 4348-74.

26.  Information on Environmental  Activities, op. cit., pp 15-16.

27.  Terry A. Trumbull, "Australian Air Pollution Control," Natural Resources
     Lawyer, vol. 5, no. 3  (Summer 1973), p 482.  [//01882B]
     "Clean Air Act, 1961,  Regulations," Rules,  Regulations, By-Laws, Ordinances,
     etc., Issued During the Year  1964,  (Sydney:  Government Printer, 1966),
     PP 59-73.

28.  These standards are stated in:  Werner Martin and Arthur  C.  Stern, The
     Collection, Tabulation, Codification, and  Analysis of the  World's Air
     Quality Management Standards.  Volume I:   The Air Quality  Management  Standards
     of the World, Other Than Those of  Subsidiary Jurisdictions  of  the United
     States,  (ESE Publication No.  380),  (Chapel  Hill:  Dept. of Environmental
     Sciences and Engineering, School  of Public  Health, University  of North
     Carolina, October  .1974).

29.  Trumbull, op. cit., pp 486-487.

30.  "Clean Air Act, 1961," op. cit.,  Art. 15(2).

                                         -32-

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31.  Information on Environmental Activities, op.  cit. , pp 15-16.

32.  "Clean Waters Act, 1970," op.  cit.,  Art. 17-25.

33.  ibid., Art. 27.

34.  ibid., Art. 29.

35.  "Clean Air Act,  1961," op_. cit. , Sees. 9-13.

36.  "Clean Waters Act, 1970," op.  cit. ,  Sec. 26(2).

37.  "Clean Air Act,  1961," op_. cit. , Sees. 32(3), 34(5).

38.  "Dec. 22, 1970 Act No. 8056, The Environment Protection Act," Acts of
     Parliament, Victoria, (Melbourne:  Government Printer, 1974), Sec. 39.
     [//01888A]

39.  ibid., Sec. 21.

40-  Victoria.  Environment Protection Authority, Second Annual Report. (Melbourne
     Environment Protection Authority, 1973), pp 9-10.    [01888B]

41.  Trumbull, op. cit. , p 485.

42.  M. J. Story, "The Requirements and Costs of Air Pollution Control,"   The
     Proceedings of the 1972 Clean Air Conference, Held  at the University  of
     Melbourne 15th-18th May, 1972, (Parkville, Victoria:  Clean Air Society
     of Australia and New Zealand,  1972),  pp 141-42.   [//01355A]

43.  Trumbull, op. cit., p 481.

44.  ibid. , p 484.

45.  Western Australia.  Environmental Protection Authority, Annual Report
     1972-1973.  (Perth:  Environmental Protection Authority, 1973), p  33.
     [?02579A]
                                         -33-

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