FAQs

How is the EPA independent?

The Environment Protection Authority Act established the EPA and provides for the independence of the Authority primarily through the inclusion of two specific clauses:

Part 2 Division 1 section 6 (1) provides that:

(1)   The Authority may do all things necessary or convenient to enable it to perform its functions.

And Part 2 Division 1 section 8 establishes that:

(1) The Authority is not subject to the Minister’s direction.
(2) In particular, the Authority is not subject to the Minister’s direction in relation to the preparation and contents of any advice or recommendation of the Authority.

Who is responsible for making sure development does not pollute or impact our environment?

Terrestrial Environment

The Minister for Resources has responsibility for making sure development does not pollute or impact our environment on land covered by mining and petroleum leases and exploration permits.  This responsibility is conferred by the Ministers role as the approving minister of such development under the  Mining Management Act, the Petroleum Act and the related regulations. Minister is supported in this responsibility by the Department of Resources.    

The Minister for Lands and Planning has responsibility for making sure development on approved sites within zoned land in the Northern Territory does not pollute or impact our environment.  This responsibility is apportioned by his role as the approving Minister for such developments under the Planning Act and the development consent processes established under that Act.  Minister is assisted in this responsibility by the Department of Lands and Planning.  

The Minister for Transport has responsibility for making sure rail transport does not pollute or impact our environment through administration of the Rail Safety Act. He is assisted in this responsibility by the Transport Safety Division of the Department of Lands and Planning.

The Minister for the Environment, Natural Resources and Heritage has responsibility for making sure development does not pollute or impact our environment on all other land tenures in the Northern Territory through the administration of the Bushfires Act, , Coburg Pennisula Aboriginal Land, Sanctuary and Marine Park Act, Environment Protection (Beverage Containers and Plastic Bags Act, Environmental Assessment Act, Environmental Offences and Penalties Act, Heritage Conservation Act, Lake Eyre Basin Intergovernment Agreement Act, Litter Act, National Environment Protection Council(Northern Territory) Act, Nitmiluk (Katherine Gorge) National Park Act, Nuclear Waste Transport, Storage and Disposal (Prohibition) Act,  Parks and Wildlife Commission Act, Pastoral Land Act, Soil Conservation and Land Utilization Act, Territory Parks and Wildlife Conservation Act,  Waste Management and Pollution Control Act, Water Act, Water Supply and Sewerage Services Act, Weeds Management Act and the regulations associated with these Act. The Department of Natural Resources, Environment, the Arts and Sports undertakes duties under the Ministers authority. 

The Commonwealth Government has responsibility for making sure that development does not pollute or impact our environment in Kakadu National Park and Uluru Kata Juta National Park, off shore petroleum leases and Ranger Uranium Mine.  The Commonwealth also has responsibility for ensuring that development does not pollute or impact matters of national environmental significance, such as endangered species, in the Northern Territory.

Marine Environment

The Minister for Transport has responsibility for preventing damage to the environment within Territory waters through the administration of the Marine Act and the Marine Pollution Act. He is assisted in this responsibility by the Transport Safety Division within the Department of Lands and Planning.

The Minister for Resources has responsibility for preventing damage to the environment from ports and loading facilities located on Mining and Petroleum Leases within the Northern Territory.  He is assisted in this responsibility by the Department of Resources.

The Commonwealth Government has responsibility for preventing damage to the environment from the development on off shore petroleum leases and all developments and activities in Commonwealth waters adjacent to the Northern Territory Coast.

What is the EPA’s role with the assessment of individual developments?

The EPA does not have approval or rejection powers in relation to individual developments and is precluded from monitoring pollution at individual sites.  The EPA may however, review the adequacy of the processes adopted and applied when major development proposals are assessed and provide public advice to the Minister for the Environment in relation to these matters. The EPA may do whatever is necessary and convenient to compile this advice including requiring people to provide information and conducting inquiries.