Pollution Control Amendment Act 1996 (NSW)

New South Wales

Pollution Control Amendment Act

1996 No 132

Contents

Page

1	Name of Act	2
2	Commencement	2

3 Amendment of Pollution Control Act 1970 No 95 2

4 Validation of licences and conditions 2

Schedule 1 Amendments 3

New South Wales

Pollution Control Amendment Act

1996 No 132

Act No 132, 1996

An Act to amend the Pollution Control Act 1970 with respect to the determination of licence applications and the conditions of licences; and to validate certain licences. [Assented to 12 December 1996]

Section 1 Pollution Control Amendment Act 1996 No 132

The Legislature of New South Wales enacts:

1 Name of Act

This Act is the Pollution Control Amendment Act 1996.

2 Commencement

This Act commences on the date of assent.

3     Amendment of Pollution Control Act 1970 No 95

The Pollution Control Act 1970 is amended as set out in

Schedule 1.

4 Validation of licences and conditions

(1)

A licence granted, renewed or transferred (or purporting to have been granted, renewed or transferred) under the Pollution Control Act 1970 before the date of assent to this Act, and a condition of a licence imposed, varied or attached (or purporting to have been imposed, varied or attached) before that date, that would be valid if the Pollution Control Act 1970, as amended by this Act, had been in force when the licence was granted, renewed or transferred (or purported to have been granted, renewed or transferred), or the condition was imposed, varied or attached (or purported to have been imposed, varied or attached), is validated by this section and is taken to have been valid at all times.

(2)

This section does not apply to licence No 000299 granted to Cleary Bros. (Bombo) Pty Limited in so far as it was expressed to be in force from 30 September 1993 until 30 September 1995.

Pollution Control Amendment Act 1996 No 132

Amendments Schedule 1

Schedule 1 Amendments

(Section 3)

[1]        Section 17BA

Insert after section 17B:

17BA Determination of licence applications—cross-media

considerations

(1)

The purpose of this section is to ensure that:

(a)	the determination, under section 17D (l), of an application for a licence may be made in accordance with this section (and the other provisions of this Division) whether or not the application is made for a licence of a particular kind referred to in section 17A, and
(b)	any conditions, under section 17D, of a licence may be imposed, varied or attached in accordance with this section (and the other provisions of this Division).

(2)

In exercising its functions under section 17D, the

Authority must take into consideration:

(a)	the whole of the pollution of all kinds caused or likely to be caused by the activity conducted or to be conducted by the applicant or licensee, and
(b)	the impact of that pollution on the environment, and
(c)	the practical measures that may be taken:

(i)       to prevent, control, abate or mitigate that pollution, and

(ii)      to protect the environment from defacement, defilement or deterioration as a result of that pollution.

(3) A condition of a licence may be imposed under section 17D (l), or varied or attached under section 17D (3), in relation to any matter referred to in subsection (2).

Pollution Control Amendment Act 1996 NO 132

Schedule 1 Amendments

(4)

The Authority's consideration of an application, and a

condition of a licence, is not limited because:

(a)	the application is made in respect of a licence of a particular kind referred to in section 17A, or
(b)	the licence is of a particular kind referred to in section 17A, or
(c)	the pollution includes pollution of a different kind from that in respect of which the application is made or the licence is granted, or
(d)	the pollution includes pollution of a kind in respect of which a licence is not required.

(5)

In this section, application means an application under section 17A or an application for the renewal or transfer of a licence.

[2]       Section 17D Licences

Omit subsection (4).

[Minister's second reading speech made in—

Legislative Assembly on 13 November 1996

Legislative Council on 3 December 1996]