PUN363 Assessment 2, Sem 1 2023
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PUN363 Environmental Health Law
Assessment Item 2 – Semester 1 (30% weight)
Q1. In your own words briefly describe the object/purpose of the Environmental Protection Act 1994, (EPAct); and the
Planning Act 2016. Explain how the purpose of each Act differs and why. Max. 15 lines
Q2. Explain the purpose and the main requirements of the Nature Conservation Act 1992. Max. 10 lines
Q3. Discuss two (2) planning instruments under the Planning Act 2016. Max. 10 lines
Q4. Explain what an environmental offsets policy is and what it contains. Max. 10 lines
Q5. Identify and discuss the main steps in an Environmental Impact Assessment (EIA) process. Max. 15 lines
Q6. What is an ‘environmental value’? Identify two (2) environmental values specified in the environmental protection
legislation. Max. 10 lines
Q7. What is the ‘standard criteria’? What is the purpose of the ‘standard criteria’? Provide two (2) examples of when
the standard criteria must be considered. Max. 10 lines
Q8. An authorised person has inspected a site and found that the operator of an Environmentally Relevant Activity
(ERA) is not complying with all the conditions of their environmental authority. Max 12 lines
• Explain two enforcement options that would be available to the authorised person (i.e. what notices or
other action could be taken)
• What are the advantages of using the compliance tool?
• What are the disadvantages/limitations of the compliance tool?

into a stormwater drain? Can a penalty infringement notice be issued for this offence? Max. 10 lines
Q11. Are the air quality objectives in the Environmental Protection (Air) Policy 2019 the same as the National
Environmental Protection Measure (NEPM)? Explain your answer. Max. 10 lines

mailed you a photo of the premises which contains a sign with ‘Jimmy’s Wreckers – second hand car parts and
panels for sale’ on it. You check Council’s records and find that there is a historical development approval
permitting a car wrecking yard on that site under the planning legislation. However, no application has been
made to another agency under the Environmental Protection Act 1994. A recent aerial photo of the area shows
approximately 40 car bodies on the property. There is no fragmentiser (which crushes cars and shreds them
into metal pieces) on site.
Note: You are to assume the business does not involve any form of mobile service and the only activity
occurring on site is the wrecking yard. ‘Jimmy’ owns multiple scrap metal facilities and is listed on the register
of suitable operators.
Describe in detail:
a. Which offence/s appear to have been breached in this situation? Please describe your reasoning for the
selection of this section.
PUN363 Assessment 2, Sem 1 2023
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b. Identify the elements of an offence you have selected above.
c. Describe the powers an authorised person could use to investigate this issue.
d. What action you could take to remedy this situation if you were an authorised officer for this scenario?
Max. 20 lines + elements of the offence listed for part b of this question.
Q14. Assess the situation shown in the photo below.
• Is there a breach of legislation? If there is, what offence has potentially been committed?
• What additional information would you need to decide what action you would take in relation to this
situation?
• Which enforcement tools could potentially be used in this situation? Max. 20 lines
Q15. Scenario: You work for the Department of Environment and Science (DES) and have investigated a complaint
about chemical pollution in a local creek. During the investigation, you traced the discharge back through the
stormwater system to a property at 1 Pollution Street, Kelvin Grove. After lawfully entering the property you
discover several damaged and rusting drums which are discharging an unknown liquid the same colour as the
liquid entering the creek. You talk to the owner of the property, Mr N Compliant, and he advises that the he
forgot about the drums and they contained a concentrated citrus based degreaser. He shows you a safety data
sheet which states that the product is ‘water soluble, biodegradable, non-flammable, non-corrosive, fortified
with citrus solvent’ and that it contains sodium metasilicate which can cause eye and skin irritation.
The following pictures show the stormwater release point and two of the drums on the property.
• Explain what compliance notice that you would issue and why you selected the type of notice. Include
reasons, sections of legislation etc.
PUN363 Assessment 2, Sem 1 2023
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• Draft a compliance notice under the Environmental Protection Act 1994 and upload the file as part 2 of
the assessment. Explain why you selected the type of notice you have used.
You may use the templates provided on Canvas to assist you with this activity. You may also make up any
missing information (e.g. real property description) that you need to complete the notice. Max. 15 lines +
uploaded notice.
Q16. Scenario: A developer is proposing to build a new caravan park in Cairns. She has a development permit issued
under the Planning Act which permits up to 100 caravan sites, a recreational area (which includes barbeques,
a grassed area for games, a beach volleyball court and an in-ground swimming pool) and the associated
amenities. There will be no on-site cabins, permanent caravans or tent sites (although people camping in tents
can hire a caravan site). Briefly outline the information including any relevant legislation that you would
provide them. Max. 150 words.
Q17. Scenario: You have received a complaint about security lights at a residential property in Logan City Council
illuminating bedrooms in the adjoining house which is interfering with the occupants’ sleep. Explain which law
applies to this situation and identify the potential offence. Max. 10 lines
Q18. Describe the purpose of a ‘healthy waters management plan’ and outline what the plan must contain. Max. 7
lines