Civil Law Question 2022

Running Head: CIVIL LAW
CIVIL LAW
Name of the Student
Name of the University
Author’s note

CIVIL LAW2
QUESTION 2:
Distillation Act 1901 and Distillation Regulations 19261 were the governing enactment
for the governance and administration of distilleries in Australia. It has been laid down by the
provisions of the Act that manufacturing of alcohol by the use of still of any capacity, the person
or the corporation involving in such business shall require an excise manufacture license2. Once
the application for the license has been applied, the premises shall be held for scrutiny. However,
the excise duty is generally applied on alcohol that is distilled irrespective of the fact whether the
person or corporation has the license to produce it or not. Nevertheless, producing alcohol
without an excise manufacturing license shall amount to severe penalties.
The current legislation in action repealing the above discussed regulations to lay down
the provisions for spirits is Liquor Act 2007 applicable in the State of New South Wales in
Australia.
Excise manufacturing license are granted under the authority of Australian Tax Officer3.
ATO is the concerned officer who consi0ders the circumstances. The validity of the license shall
be from the day it has been granted until the 30September after the date of second anniversary of
1 "Distillation Regulations", Legislation.Gov.Au (Webpage, 2019)
<https://www.legislation.gov.au/Details/C2004H01102>
2 "Licence To Manufacture Alcohol", Ato.Gov.Au (Webpage, 2019) <https://www.ato.gov.au/Forms/Licence-to-
manufacture-alcohol/>
3 "Stills And Distillation", Ato.Gov.Au (Webpage, 2019) <https://www.ato.gov.au/Business/Excise-and-excise-
equivalent-goods/Alcohol-excise/Spirits-and-other-excisable-beverages/Stills-and-distillation/>

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the grant provided the same has not been cancelled earlier. However, the license can be renewed
for the period maximum of three years.
In case of absence of excise manufacture license, ATO has the authority to grant
permission in following matters:
 Manufacturing of still
 Setting up of still or moving it to other location
 Sale or purchase of still
 Importation of still
 Have possession, custody or control of a still.
The above matters are subject to limitation that ATO shall have authority for stills having
capacity of 5litres or more. Non-compliance may lead to penalties amounting to fine upto
8,500$.
Environmental Impact Assessment is the analysis of environmental consequences of any
project or plan. Such analysis is made prior to the decision to move ahead with the proposed
plan of action. The history of EIA can be targeted back to the recognition and enforcement of
U.S. National Environment Policy Act in 1970, which made a provision for the
environmental impact statements a statutory requirement. The Protection of the Environment
Operations Act 1997 is the in force legislation governing the provisions for EIA in New
South Wales, Australia. However, the federal law does not override the validity of the state

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law4. Instead, they work parallel to each other via bilateral agreements or one-off
accreditation of state processes as provided in the Act.
Submission is the written documentation submitted to the committee along with all the
terms of reference5. It is a part of inquiry, which the committee reviews before granting the
approval to move ahead with the plan.
The Act has made provisions for public involvement, which means that the opinions of
local public shall be taken into consideration while deciding the terms of the plan. However, the
opinions of the public is taken and discussed after the submission is made so that the committee
is well aware of the plan and after that the problems related to the plan can be identified by
talking to the locals.
4 Elliott, M. & Thomas, I. (2009), "Environment Impact Assessment in Australia: Theory and Practice, 5th Edn,
Federation Press, Sydney"
5 "Making A Submission – Parliament Of Australia", Aph.Gov.Au (Webpage, 2019)
<https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Making_a_submission>