What is Section 426 of the Environmental Protection Act 1994?

Asked by: Dr. Robert Kuhic V  |  Last update: February 20, 2026
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Section 426 of the Queensland, Australia, Environmental Protection Act 1994 makes it an offence (with a significant penalty) to carry out an Environmentally Relevant Activity (ERA) without holding a valid environmental authority (EA) or acting under one, essentially requiring permits for potentially polluting activities, with some exceptions like certain small-scale farming or geothermal operations.

What is the purpose of the Environmental Protection Act 1994?

The object of this Act is to protect Queensland's environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecologically sustainable development).

What are the key points of the environment Protection Act?

Main provisions of the Environment Protection Act

  • Regulatory authority: Empowers the central government to set environmental standards and enforce compliance.
  • Pollution control: Provides guidelines for preventing and controlling air, water, and soil pollution.

What is under section 46A of the Environmental Protection Act 1990?

A written warning issued by a local authority under section 46A of the Environmental Protection Act 1990. This is used to address an occupier's non-compliance with a previously served section 46 notice concerning household waste management.

Who enforces the environment Protection Act?

Enforcing environmental laws is a central part of EPA's Strategic Plan to protect human health and the environment. EPA works to ensure compliance with environmental requirements. When warranted, EPA will take civil or criminal enforcement action against violators of environmental laws.

Environmental Protection Act 1994 (Qld) lecture

29 related questions found

What are the 5 principles of the environment Act?

These principles are set out at section 13(1) of the Continuity Act, and are the principle of integration, the precautionary principle, the preventative principle, the rectification at source principle and the polluter pays principle.

What are EPA violations?

An EPA violation is any action or condition that fails to comply with U.S. environmental laws and regulations, such as illegally dumping hazardous waste, exceeding air pollution limits, improper storage of harmful substances, or tampering with pollution controls, leading to potential fines, corrective actions, or even jail time. Violations can range from accidental mistakes to intentional acts like falsifying reports or knowingly ignoring rules. 

Can I walk away from a litter enforcement officer?

You will be fined if you drop litter and walk away. Even if you volunteer to pick your litter up afterwards, you have committed an offence and will be issued with a Fixed Penalty Notice (FPN). Litter includes cigarette butts, chewing gum and associated materials.

How serious is an abatement notice?

Abatement notices

A noise abatement notice requires that the noise reduces or stops by prohibiting its occurrence or recurrence. It can also require a person to carry out works and or take other steps to stop the noise nuisance, such as seizing the noise-making equipment. Breaches of the notice can incur a fine.

What is a section 46 notice?

It tells you what to put in each container and how to present your waste for collection. All residents must follow Section 46, Environmental Protection Act, 1990. The notice explains things like: Where to present your waste for collection. What to do with your waste containers between collection days.

What are the consequences of violating an environment act?

U.S. criminal law characterizes an environmental law violation as a form of white-collar crime. If convicted, violators face fines, probation, jail time, or some combination thereof. Typically, a sentence of jail time is used when dealing with individuals, while corporations face stiff fines.

What is the 3 Environmental Protection Act?

(3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and ...

What are the key points of environment protection?

What measures are governments taking to protect the environment?

  • Tightening regulations on fossil fuel emissions.
  • Imposing stiff penalties for violations of these directives.
  • Promotion of renewable energy sources.
  • Raising public awareness of the importance of environmental protection and the effects of climate change.

What are the six environmental laws?

The framework within which the department fulfils its mandate is guided by a number of policies and legislation: • The National Environmental Management Act (Nema), 1998 (Act 107 of 1998); the National Environmental Management Amendment Act, 2003 (Act 46 of 2003); the National Environmental Management Amendment Act, ...

How can I report an EPA violation?

If you are seeing an environmental event that may lead to an immediate threat to human health or the environment, call 911, then report it to the National Response Center at: 1-800-424-8802. Choose "No" to continue reporting a possible violation that is not an emergency.

What is Section 408 of the Environmental Protection Act 1994?

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 408

(a) the completion of the agreement; (b) possession under the agreement. (b) the buyer must return to the owner any documents about the disposal, other than the buyer's copy of the agreement. (b) that the buyer may act within 21 business days after receiving the notice.

What are examples of a nuisance?

Some examples include the following:

  • Excessive noise and loud music disrupt the peace of a neighborhood.
  • A neighborhood dog that barks excessively.
  • Animals that regularly escape and cause harm or distress to others.
  • Intentionally blocking public roads or pathways.
  • Anything that causes an inconvenience to the public.

What dB is too loud for neighbors?

Generally, exposure to sound levels above 85 dB is considered damaging to human hearing. That is why this is the most common maximum value allowed in industrial environments. For residential environments, the accepted decibel level is lower. Any noise exceeding 70 dB is considered disturbing.

What is the legal remedy of abatement?

Abatement in property law can also refer to an available remedy for public nuisance which requires either the government or the responsible individual to reduce the nuisance. In civil procedure, an abatement refers to an old common law method for defendants to challenge the propriety of the plaintiff's pleadings.

Can I refuse to give my details to a litter warden?

Receiving a fine

If caught, you must give your full name and address to the enforcement officer. Officers check identity using an electronic identification system. It's a criminal offence to refuse to give personal details under Section 8(a) of the Environmental Protection Act.

Can I swear in front of a police officer?

Yes, you generally can cuss at a cop due to First Amendment protections for criticizing government officials, but it's risky because context matters; if your swearing escalates to threats, incites immediate violence ("fighting words"), or is part of other criminal acts like resisting arrest, you can be arrested for disorderly conduct or similar offenses, making legal advice crucial if charged. 

Is throwing cigarettes on the ground considered littering?

While it can happen by mistake, littering is largely considered a deliberate act. Cigarette butts are by far the most frequently littered item, with an estimated 9.7 billion cigarette butts littered in the United States in 2020.

What are three examples of violations?

What Are Some Violations Under Local, State & Federal Laws?

  • Copyright Infringement. ...
  • Child Pornography. ...
  • Distribution of Pornography to Minors. ...
  • Obscenity. ...
  • Scams & Pyramid Schemes. ...
  • Federal Computer Security Violations. ...
  • Bomb Threats and Hoaxes. ...
  • Employee Workplace Environment.

Can the EPA come on your property?

EPA may request access to properties at which renovations subject to the RRP Rule are occurring, or have occurred, as part of EPA's compliance monitoring and enforcement activities. Why Does EPA Want Access to this Property?

What are the 4 types of environmental problems?

Four major types of environmental problems are Climate Change, Pollution (air, water, land), Biodiversity Loss, and Resource Depletion (like deforestation and overfishing), all stemming largely from human activities and disrupting natural systems, threatening ecosystems and human well-being. These issues are interconnected, with one problem often worsening others, creating a complex global challenge.