Protection of the Environment Operations Act 1997 (NSW)
Protection of the Environment Legislation Miscellaneous Amendments Act 2017 No 21, Sch 3 [1] [2] [4] [11]–[13] and [15] (not commenced)
Product Lifecycle Responsibility Act 2025 No 22 (not commenced)
Environmental Legislation Amendment Act 2025 No 58, Sch 9[1]–[46] [48]–[86] (not commenced)
Local Court and Bail Legislation Amendment Act 2025 No 61, Sch 2.78 (not commenced)
Environmental Planning and Assessment Amendment (Planning System Reforms) Bill 2025
An Act to protect the environment; to replace other environment protection legislation; and for other purposes.
This Act is the Protection of the Environment Operations Act 1997.
This Act commences on a day or days to be appointed by proclamation.
The objects of this Act are as follows—
(a) to protect, restore and enhance the quality of the environment in New South Wales, having regard to the need to maintain ecologically sustainable development,
(b) to provide increased opportunities for public involvement and participation in environment protection,
(c) to ensure that the community has access to relevant and meaningful information about pollution,
(d) to reduce risks to human health and prevent the degradation of the environment by the use of mechanisms that promote the following—
(i) pollution prevention and cleaner production,
(ii) the reduction to harmless levels of the discharge of substances likely to cause harm to the environment,
(iia) the elimination of harmful wastes,
(iii) the reduction in the use of materials and the re-use, recovery or recycling of materials,
(iv) the making of progressive environmental improvements, including the reduction of pollution at source,
(v) the monitoring and reporting of environmental quality on a regular basis,
(vi) the proper environmental management of chemicals throughout their whole lifecycle,
(e) to rationalise, simplify and strengthen the regulatory framework for environment protection,
(f) to improve the efficiency of administration of the environment protection legislation,
(g) to assist in the achievement of the objectives of the Waste Avoidance and Resource Recovery Act 2001.
Expressions used in this Act have the meanings set out in the Dictionary at the end of this Act.
The activities listed in Schedule 1 are
If Schedule 1 so provides, a specified activity is a scheduled activity for the purposes of this Act only in specified circumstances, or only in specified areas or only under specified conditions.
The regulations may amend or replace Schedule 1. The regulations may contain provisions of a savings or transitional nature consequent on the amendment or replacement of Schedule 1.
The EPA is the appropriate regulatory authority for the purposes of this Act, except as provided by this section.
A local authority is the appropriate regulatory authority for non-scheduled activities in its area, except in relation to—
(a) the exercise of functions under Chapter 3 (Environment protection licences), or
(b) premises defined in an environment protection licence as the premises to which the licence applies, and all activities carried on at those premises, or
(c) activities carried on by the State or a public authority, whether at premises occupied by the State or a public authority or otherwise, or
(c1) activities carried on by an authorised network operator (within the meaning of the Electricity Network Assets (Authorised Transactions) Act 2015) whether at premises occupied by the authorised network operator or otherwise, or
(d) a matter for which a public authority (other than the local authority) is declared under subsection (3) to be the appropriate regulatory authority.
A public authority is the appropriate regulatory authority for a matter for which it is declared to be the appropriate regulatory authority by the regulations (subject to such conditions or limitations as are specified in the regulations). The regulations under this subsection—
(a) may declare a local authority to be the appropriate regulatory authority in respect of non-scheduled activities excluded under subsection (2), but
(b) may not declare any public authority to be the appropriate regulatory authority for activities carried on by that public authority.
A function conferred or imposed by or under this Act on a local authority, in its capacity as the appropriate regulatory authority or otherwise, may be exercised only in or in relation to the local authority’s area.
The regulations have prescribed certain authorities as the appropriate regulatory authorities for certain non-scheduled activities in certain areas. By virtue of this Act, the marine authority is given jurisdiction in connection with noise control notices and noise abatement directions relating to vessels (see sections 263 and 275).
Nothing in this Act affects any of the provisions of any other Act or any statutory rules, or takes away any powers vested in any person or body by any other Act or statutory rules.
However (subject to subsection (3))—
(a) this Act prevails over any other Act or statutory rule to the extent of any inconsistency, and
(b) a regulation made under this Act prevails over any other statutory rule to the extent of any inconsistency.
The provisions of, or made under, the Marine Pollution Act 2012 (except Part 8), in their application to State waters within the meaning of that Act, prevail over this Act, to the extent of any inconsistency.
Notes in the text of this Act do not form part of this Act.
In this Chapter—
(a) that relates to desired environmental outcomes, and
(b) that guides the formulation of strategies for the management of human activities that affect the environment.
(a) whether a particular standard or goal is being met or achieved, or
(b) the extent of the difference between the measured characteristic of the environment and a particular standard or a particular goal.
The Dictionary defines a
Protection of the environment policies may be made for the purpose of declaring policies to be observed with respect to protecting the environment in New South Wales and, in particular, for the purpose of—
(a) furthering the objectives of the EPA as set out in section 6 of the Protection of the Environment Administration Act 1991,
(b) managing the cumulative impact on that environment of existing and future human activities.
A policy must specify one or more of the following—
(a) an environment protection goal,
(b) an environment protection standard,
(c) an environment protection guideline,
(d) an environment protection protocol.
A policy containing an environment protection goal may specify a program by which that goal is to be achieved, and performance indicators by which the achievement of that goal is to be measured.
A policy may be made for the purpose of implementing in New South Wales a national environment protection measure.
A policy may be made in respect of the following—
(a) the whole or any part of the State,
(b) the environment generally or any part of it,
(c) any activity that may impact, or has impacted, on the environment,
(d) any form of pollution,
(e) any aspect of waste,
(f) any kind of technology or process,
(g) any kind of chemical or other substance that may impact, or has impacted, on the environment,
(h) any matter in respect of which national environment protection measures may be made.
The EPA may from time to time prepare draft policies in accordance with this Chapter.
The Minister may direct the EPA to prepare a draft policy about a particular matter in accordance with this Chapter. The EPA must comply with the direction.
In preparing a draft policy, the EPA must take into consideration—
(a) the environmental, economic and social impact of the policy, and
(b) the simplicity, efficiency and effectiveness of the administration of the policy, and
(c) any environmental planning instruments that the EPA considers relevant (including any such draft instruments that are publicly available and are still current), and
(d) any national environment protection measures that the EPA considers relevant (including any such draft measures that are publicly available and are still current), and
(e) the principles of environmental policy set out in the Intergovernmental Agreement on the Environment, as in force for the time being, and
(f) any regional environmental differences within New South Wales.
The EPA may take other matters into consideration.
This Part applies to the preparation of a draft policy, except where Part 2.4 applies.
(Repealed)
The EPA—
(a) may prepare a draft of the policy, and
(b) if it does so, must prepare an impact statement relating to the draft policy.
The impact statement is to include all of the following—
(a) the desired environmental outcomes,
(b) the reasons for the policy and the environmental impact of not making the policy,
(c) a statement of the alternative methods of achieving the desired environmental outcomes and the reasons why those alternatives have not been adopted,
(d) an identification and assessment of the economic and social impact on the community (including industry) of making the policy,
(e) a statement of the manner in which any regional environmental differences in New South Wales have been addressed in the development of the policy,
(f) the intended date for the making of the policy,
(g) the timetable (if any) for the implementation of the policy,
(h) the transitional arrangements (if any) in relation to the policy.
Before making a policy, the EPA must publish a notice about the proposal to make the policy.
The notice must be published—
(a) on the EPA’s website, and
(b) if the EPA considers it necessary to publish the notice in other ways to bring the notice to the attention of members of the public generally or in a particular part of the State—in other ways the EPA is satisfied are likely to bring the notice to the attention of members of the public generally or in that part of the State.
The notice must—
(a) state the objects of the proposed policy, and
(b) advise where a copy of the proposed policy and impact statement may be obtained, and
(c) invite submissions to the EPA on the proposed policy and impact statement within a period, not less than 3 months after the day on which the notice is published on the EPA’s website, specified in the notice.
During the preparation of a draft policy, the EPA is to consult with such public authorities, organisations or persons as the Minister directs and may consult with such others as the EPA thinks appropriate.
In proceeding with a draft policy, the EPA is to take into consideration the following, in addition to the matters referred to in Part 2.2—
(a) the impact statement that relates to the policy,
(b) any submissions it receives that relate to the policy or to the impact statement.
Accordingly, the EPA may make appropriate alterations to the draft policy.
Having completed all the steps required by this Part in relation to a draft policy, the EPA—
(a) in the case of a draft policy that the Minister has, under Part 2.2, directed the EPA to prepare—must submit a copy of the draft policy to the Minister with a recommendation as to whether or not it be made, or
(b) in the case of a draft policy that is not the subject of such a direction—may submit a copy of the draft policy to the Minister with a recommendation that it be made.
The copy of a draft policy submitted to the Minister under this section is to be accompanied by a report by the EPA about all relevant submissions made in accordance with this Part and any consultation undertaken by the EPA in connection with the draft policy.
This Part applies to the preparation of a draft policy where the Minister so directs in accordance with this Part.
A direction can be given if the Minister is satisfied that the policy will, if made, implement a national environment protection measure.
A direction can be given if the Minister is satisfied that the policy will, if made, amend or remake another policy in order to correct an obvious error in the other policy or to clarify the intention of the other policy.
A direction can be given if the Minister is satisfied that there are special reasons why the policy should be made without delay. The direction must set out those special reasons.
Part 2.6 provides that a policy the subject of such a direction may only be made for a period of 12 months or less and must include the special reasons set out in the direction. Under that Part, a further interim policy may not be made within 12 months after the expiry or repeal of an interim policy if it is the same in substance as the expired or repealed policy.
A direction given under this section extends to matters dealt with in the policy that are of a consequential, machinery or minor nature (including for example the name and commencement of the policy, and transitional arrangements).
The Minister may revoke a direction given under this section.
A draft policy that is the subject of a direction under this Part can be prepared without the need to comply with Part 2.3.
Having finalised a draft policy that is the subject of a direction under this Part, the EPA must submit a copy of the draft policy to the Minister with a recommendation as to whether or not it be made.
The copy of the draft policy is to be accompanied by a report by the EPA about any consultation undertaken by the EPA in connection with the draft policy and any submissions made to the EPA about the draft policy.
After a draft policy has been submitted to the Minister under this Chapter, the Minister may recommend to the Governor the making of a policy—
(a) in accordance with the draft policy as submitted, or
(b) in accordance with the draft policy and such alterations as the Minister thinks fit.
The Governor may make a policy in accordance with a recommendation under this Part.
A policy that is based on a draft policy that is the subject of a direction under section 22 (3) is an
An interim policy must include a statement that it is the result of such a direction and must include the special reasons set out in the direction for which the direction was given.
An interim policy expires at the end of the period of 12 months after it is published in the Gazette, or a shorter period specified in the policy, unless it is sooner repealed.
An interim policy, being the same in substance as an interim policy that has expired or been repealed, may not be made within 12 months after the expiry or repeal of the earlier policy.
If an interim policy amends or repeals another policy, the expiry or repeal of the interim policy has the effect of restoring the other policy, as it was immediately before it was amended or repealed, as if the interim policy had not been made. The restoration of the other policy takes effect on the day that the interim policy expires or is repealed.
Any relevant policies must be taken into consideration—
(a) by the EPA or other regulatory authority when making a decision under Chapter 3 on whether to issue a licence or when making a decision under that Chapter about a licence, and
(b) by the EPA or other regulatory authority when making a decision under Chapter 4 on whether to issue an environment protection notice or when making a decision under that Chapter about such a notice, and
(c) by the EPA when making a decision under Part 9.1 on whether to grant an exemption or when making a decision under that Part about an exemption, and
(d) by the EPA when exercising any other licensing or regulatory environment protection function under the environment protection legislation.
Any relevant policies must be taken into consideration—
(a) by a local council when preparing a local environmental plan or development control plan under the Environmental Planning and Assessment Act 1979, and
(b) by the Secretary of the Department in which the Environmental Planning and Assessment Act 1979 is administered when preparing a regional environmental plan under that Act, and
(c) by the Minister administering that Act when making a local environmental plan or regional environmental plan under that Act, when recommending the making of a State environmental planning policy under that Act or when giving directions under section 9.1 of that Act, and
(d) by a consent authority when determining a development application under that Act, and
(e) by a determining authority when consideration is being given under Part 5 of that Act to the likely impact of an activity on the environment, and
(f) by the Minister administering that Act when approving under Division 4 of Part 5 of that Act the carrying out of an activity.
A policy must be taken into consideration by a public authority when exercising statutory or other functions, if the public authority is required to do so by that or another policy.
Such a requirement can be made as regards—
(a) a specified public authority, or a specified class of public authorities, or public authorities generally, and
(b) a specified function, or a specified class of functions, or functions generally.
This section does not limit the other provisions of this Part.
This Part does not operate to exclude a statutory discretion of a public authority, but the public authority must take the policy into consideration.
This Part does not operate to authorise any action by a public authority that is inconsistent with any statutory or other legal obligation of the public authority.
In this Part,
A policy may be amended or repealed by another policy prepared and made in accordance with the relevant procedures set out in this Chapter.
Section 30 of the Interpretation Act 1987 applies to a policy in the same way as it applies to a statutory rule.
A policy—
(a) is to be published in the Gazette, and
(b) takes effect on the day on which it is so published or, if a later day is specified in the policy for that purpose, on the later day so specified.
Neither the whole nor any part of a policy is invalid merely because (without statutory authority) the policy is published in the Gazette after the day on which one or more of its provisions is or are expressed to take effect. In that case, that or those provisions take effect from the day the policy is published in the Gazette, instead of from the earlier day.
A policy may do any one or more of the following—
(a) apply generally or be limited in its application by reference to specified exceptions or factors,
(b) apply differently according to different factors of a specified kind,
(c) authorise any matter or thing to be determined according to the discretion of the EPA or any other person,
(d) refer to or incorporate, with or without modification, a standard or other document prepared or published by a body specified in the policy, as in force at a particular time or from time to time.
A policy may not create an offence for a contravention of the policy.
Judicial notice is to be taken of a policy and of the date of its publication in the Gazette.
It is to be presumed, in the absence of evidence to the contrary, that all conditions precedent and preliminary steps necessary to the making of a policy under this Act have been complied with and performed.
The validity of a policy may not be questioned in any legal proceedings except those commenced in the Land and Environment Court by any person within 3 months after the date of its publication in the Gazette.
If—
(a) there has been a failure to comply with a particular procedural requirement of this Act in preparing or making a policy, but
(b) despite that failure there has been substantial compliance with the procedural requirements of this Act for preparing and making the policy,
the failure does not invalidate the policy.
A copy of every policy is to be available for public inspection, without charge, at the principal office of the EPA during ordinary office hours.
A copy of every policy is to be available for purchase from the EPA.
Failure to comply with any provision of this section does not affect the validity or operation of a policy.
Subject to any directions of the Minister, the EPA may decide at any time not to proceed with a draft policy.
The Minister may decline to recommend the making of a policy submitted to the Minister under this Chapter.
A policy is not a statutory rule for the purposes of the Subordinate Legislation Act 1989.
Environment protection licences may be issued and otherwise dealt with in accordance with this Chapter.
Environment protection licences may be issued for the following purposes—
(a) to authorise the carrying out of scheduled development work at any premises, as required under section 47,
(b) to authorise the carrying out of scheduled activities at any premises, as required under section 48,
(c) to authorise the carrying out of scheduled activities not related to premises, as required under section 49,
(d) to control the carrying out of non-scheduled activities for the purpose of regulating water pollution resulting from any such activity, as referred to in section 122.
Scheduled activities for which a licence is required are set out in Schedule 1. Scheduled development work for which a licence is required is defined in section 47 (being generally work on premises, at which scheduled activities are not carried on, that is designed to enable scheduled activities to be carried on at the premises). This Act permits (but does not require) a licence to be issued for a non-scheduled activity—compliance with the conditions of the licence provides a defence to the offence of polluting waters under section 120.
Licences may be issued or varied so as to cover either or both scheduled development work or scheduled activities.
Licences with respect to scheduled development work or scheduled activities may regulate all forms of pollution (including water pollution) resulting from that work or those activities.
Licences with respect to non-scheduled activities may also regulate any form of pollution in addition to water pollution resulting from those activities.
Licences authorising or controlling an activity carried on at any premises may also regulate pollution resulting from any other activity carried on at the premises to which the licence applies.
In exercising its functions under this Chapter, the appropriate regulatory authority is required to take into consideration such of the following matters as are of relevance—
(a) any protection of the environment policies,
(b) the objectives of the EPA as referred to in section 6 of the Protection of the Environment Administration Act 1991,
(c) the pollution caused or likely to be caused by the carrying out of the activity or work concerned and the likely impact of that pollution on the environment,
(d) the practical measures that could be taken—
(i) to prevent, control, abate or mitigate that pollution, and
(ii) to protect the environment from harm as a result of that pollution,
(e) any relevant green offset scheme, green offset works or tradeable emission scheme or other scheme involving economic measures, as referred to in Part 9.3,
(f) whether the person concerned is a fit and proper person,
Note. See section 83 for provisions relating to the determination of whether a person is a fit and proper person for the purposes of this section.
(f1) in relation to an activity or work that causes, is likely to cause or has caused water pollution—
(i) the environmental values of water affected by the activity or work, and
(ii) the practical measures that could be taken to restore or maintain those environmental values,
(g) in connection with a licence application relating to the control of the carrying out of non-scheduled activities for the purpose of regulating water pollution—whether the applicant is the appropriate person to hold the licence having regard to the role of the applicant in connection with the carrying out of those activities,
(h) in connection with a licence application—any documents accompanying the application,
(i) in connection with a licence application—any relevant environmental impact statement, or other statement of environmental effects, prepared or obtained by the applicant under the Environmental Planning and Assessment Act 1979,
(j) in connection with a licence application—any relevant species impact statement prepared or obtained by the applicant under the Biodiversity Conservation Act 2016 or Part 7A of the Fisheries Management Act 1994,
(k) in connection with a licence application, any waste strategy in force under the Waste Avoidance and Resource Recovery Act 2001,
(l) in connection with a licence application—
(i) any public submission in relation to the licence application received by the appropriate regulatory authority under this Act, and
(ii) any public submission that has been made under the Environmental Planning and Assessment Act 1979, in connection with the activity to which the licence application relates, and that has been received by the appropriate regulatory authority,
(m) if the appropriate regulatory authority is not the EPA—any guidelines issued by the EPA to the authority relating to the exercise of functions under this Chapter.
This Chapter has effect in addition to and does not derogate from the requirements of any other Act, except as expressly provided in this or any other Act.
A person who is the occupier of any premises at which scheduled development work is carried out is guilty of an offence unless the person is, at the time that work is carried out, the holder of a licence that authorises that work to be carried out at those premises.
Maximum penalty—
(a) in the case of a corporation—$2,000,000 and, in the case of a continuing offence, a further penalty of $240,000 for each day the offence continues, or
(b) in the case of an individual—$500,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues.
An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 169A.
In proceedings for an offence arising under this section—
(a) it is not necessary that it be established that the offence was committed on a particular day or on particular days, provided it is established that the offence was committed during a particular period, and
(b) it is immaterial whether or not the work referred to in subsection (1) was or is completed.
In this Act—
(a) also includes anything that is specified by the regulations as scheduled development work for the purposes of this Act, but
(b) does not (despite the above) include anything that is specified by the regulations as not being scheduled development work for the purposes of this Act.
This section applies to scheduled activities where Schedule 1 indicates that a licence is required for premises at which the activity is carried on.
A person who is the occupier of any premises at which any such scheduled activity is carried on is guilty of an offence, unless the person is, at the time that activity is carried on, the holder of a licence that authorises that activity to be carried on at those premises.
Maximum penalty—
(a) in the case of a corporation—$2,000,000 and, in the case of a continuing offence, a further penalty of $240,000 for each day the offence continues, or
(b) in the case of an individual—$500,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues.
An offence against subsection (2) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 169A.
This section applies to scheduled activities where Schedule 1 indicates that a licence is required to carry on the activity, but not for the premises at which the activity is carried on.
A person who carries on any such scheduled activity is guilty of an offence, unless the person is, at the time that activity is carried on, the holder of a licence that authorises that activity to be carried on.
Maximum penalty—
(a) in the case of a corporation—$2,000,000 and, in the case of a continuing offence, a further penalty of $240,000 for each day the offence continues, or
(b) in the case of an individual—$500,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues.
An offence against subsection (2) committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169.
A person engaged in carrying on an activity by the holder of a licence that authorises that activity is not required to hold a licence for that activity.
This section applies to development that cannot be carried out without development consent under the Environmental Planning and Assessment Act
1979. This development is called
A licence that relates to controlled development must not be granted or varied (other than on the initiative of the EPA) by the appropriate regulatory authority, unless development consent has been granted for the controlled development. However, this section does not prevent the consideration of a licence application by the appropriate regulatory authority before development consent is granted.
Without limiting the above, this section does not apply to the extent that development consent is not necessary under the Environmental Planning and Assessment Act 1979 because of an existing use.
In this section—
The issue of a licence in relation to integrated development within the meaning of section 4.46 of the Environmental Planning and Assessment Act 1979 is subject to Division 4.8 of that Act.
A decision by the appropriate regulatory authority on whether it will issue a licence, or on the general terms of a licence it proposes to issue, in relation to integrated development is subject to the provisions of this Chapter (including section 45).
A person to whom such a licence is issued after the commencement of this section cannot question the validity of the licence on the ground of failure to comply with any relevant provisions of that Act in any legal proceedings except those commenced in the Land and Environment Court by the person before the end of the period within which an appeal under section 287 can be lodged against the decision to issue the licence.
If, because of the enactment or the amendment or replacement of Schedule 1, it would become necessary for a person to be authorised by a licence to continue to carry out any work or activity, a licence is not required until the later of the following—
(a) the end of the prescribed period after the commencement of Schedule 1 or of the amendment or replacement,
(b) the relevant licence application (if any) made before the end of that period by the person has been finally determined.
The regulations may make provision excluding the issue of the licence from the application of Part 5 of the Environmental Planning and Assessment Act 1979.
This section does not apply to any work or activity for which a licence or approval was required, under an Act repealed by this Act, immediately before its repeal.
Schedule 5 makes provision for licences under an Act repealed by this Act to be taken to be licences issued under this Act.
An application may be made to the appropriate regulatory authority for the issue of a licence.
The application must—
(a) be made in or to the effect of a form approved by the appropriate regulatory authority, and
(b) contain or be accompanied by such information as is required by the appropriate regulatory authority (as indicated in the form or in material accompanying the form), and
(c) be accompanied by the fee prescribed by the regulations.
An application may be made to the appropriate regulatory authority for the transfer of a licence to another person.
Section 59 requires the application to be made only with the consent in writing of the holder of the licence.
The application must—
(a) be made in or to the effect of a form approved by the appropriate regulatory authority, and
(b) contain or be accompanied by such information as is required by the appropriate regulatory authority (as indicated in the form or in material accompanying the form), and
(c) be accompanied by the fee prescribed by the regulations.
The appropriate regulatory authority may—
(a) in relation to an application for the issue of a licence—
(i) grant the application by issuing the licence, or
(ii) refuse the application, and
(b) in relation to an application for the transfer of a licence—
(i) grant the application by transferring the licence, or
(ii) refuse the application.
The appropriate regulatory authority must not refuse the application unless before doing so—
(a) it has given notice to the applicant that it intends to do so, and
(b) it has specified in that notice the reasons for its intention to do so, and
(c) it has given the applicant a reasonable opportunity to make submissions in relation to the matter, and
(d) it has taken into consideration any such submissions by the applicant.
If the appropriate regulatory authority grants an application for the transfer of a licence, the licence is, subject to any variation of the conditions of the licence under section 58(4), transferred subject to the conditions to which the licence is subject at the time of the transfer.
Section 287 enables appeals to be made in connection with licence applications within a specified period after the person is given notice of the decision concerned. The section provides that the person may appeal if the licence application is not determined within 60 days, and for the purposes of the appeal the licence application is taken to have been refused.
A licence is to specify the premises to which it applies.
The premises so specified are to be the whole of the premises at which the activities authorised or controlled by the licence (and ancillary activities) are carried on.
Premises may be so specified whether or not they comprise a single allotment of land.
This section does not apply to a licence required under section 49 that is not related to premises.
The holder of a licence must in each year pay to the appropriate regulatory authority, before the date prescribed by the regulations for the purpose, annual licence fees prescribed by or determined under the regulations.
The regulations may make provision for or with respect to the payment of annual licence fees by instalments.
If an annual licence fee is to be determined by the appropriate regulatory authority under the regulations, the appropriate regulatory authority must, not less than one month before the date prescribed for payment of the fee, notify the holder of the licence of the fee so determined.
If the holder of a licence fails to pay an annual licence fee in accordance with this section, the appropriate regulatory authority may, by notice in writing, require the holder to make good the default and, in addition, to pay to the appropriate regulatory authority in accordance with the notice an additional amount prescribed as a penalty for default.
If a fee or other amount due and payable under this Act or the regulations in relation to a licence is unpaid, the appropriate regulatory authority—
(a) may recover the fee or other amount from the current holder of the licence (or the last holder of the licence if the licence has ceased to be in force), or
(b) may recover that part of the fee or other amount that relates to a period for which an earlier holder of the licence held the licence from that earlier holder,
as a debt.
This section does not apply to licences of a prescribed class or description.
Nothing in this section precludes the regulations from requiring payment of the first or other specified licence fee in respect of a shorter or longer period than 12 months. In that case, a reference in this Act to an annual fee is to be construed accordingly.
Schedule 2 contains regulation-making powers with respect to the amount of fees, including provision relating to the scheme known as “load-based licensing”.
The appropriate regulatory authority may vary a licence, including the conditions of the licence.
A variation includes the following—
(a) attaching a condition to a licence, whether or not conditions are already attached to the licence,
(b) substituting, omitting or amending a condition of a licence.
A licence may be varied—
(a) on application and payment of the fee prescribed by the regulations by the holder of the licence, or
(b) on the initiative of the appropriate regulatory authority.
The regulations may also provide for the waiver or refund of the fee in the circumstances prescribed by the regulations.
A licence may be varied at any time during its currency, including on its being transferred to another person.
A licence is varied by notice in writing given to the holder of the licence.
If—
(a) the variation of a licence will authorise a significant increase in the environmental impact of the activity authorised or controlled by the licence, and
(b) the proposed variation has not, for any reason, been the subject of environmental assessment and public consultation under the Environmental Planning and Assessment Act 1979,
the appropriate regulatory authority is to invite and consider public submissions before it varies the licence.
An application for the issue of a licence that relates to premises may be made only by or with the consent in writing of the occupier of the premises.
An application for the variation of a licence may be made only by or with the consent in writing of the holder of the licence.
An application for the transfer of a licence may be made only with the consent in writing of the holder of the licence.
If a licence application has been made, the appropriate regulatory authority may, by notice in writing given to the applicant, require the applicant to supply to the appropriate regulatory authority such further information as the appropriate regulatory authority considers necessary and relevant to the application and specifies in the notice.
In this section—
If a licence application (other than an application for the approval of the surrender of a licence) is granted or refused, any person may make a written request to the appropriate regulatory authority for the reasons for the grant or refusal of the application and the appropriate regulatory authority is to provide a written statement of the reasons to the person.
The regulations may make provision with respect to any such statement of reasons, including—
(a) the time within which a request for reasons must be made or within which the statement of reasons must be provided, and
(b) the matters to be set out in a statement of reasons, and
(c) the cases in which a statement of reasons is not required to be provided.
Without limiting subsection (2), a statement of reasons is not required to be provided to a person if the person has already been notified of the reasons under section 55.
On an application being made under this Chapter, the applicant, if not entitled to copyright, is taken to have indemnified all persons using the application and supporting documents in accordance with this Act, against any claim or action in respect of breach of copyright.
Schedule 2 enables regulations to be made with respect to the amendment or variation of applications under this Chapter.
A licence may be issued subject to conditions or unconditionally.
Section 58 deals with the variation of a licence so as to attach, substitute, omit or amend conditions.
A condition cannot be attached to a licence if compliance with the condition would result in a breach of a requirement made by or under this Act.
If the holder of a licence cannot meet any requirement made by or under this Act without contravening a condition of the licence, the holder is, by meeting the requirement, taken to comply with the condition.
If any condition of a licence is contravened by any person, each holder of the licence is guilty of an offence.
Maximum penalty—
(a) in the case of a corporation—$2,000,000 and, in the case of a continuing offence, a further penalty of $240,000 for each day the offence continues, or
(b) in the case of an individual—$500,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues.
An offence against subsection (1) committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169.
The holder of a licence is not guilty of an offence against this section if the holder establishes that—
(a) the contravention of the condition was caused by another person, and
(b) that other person was not associated with the holder at the time the condition was contravened, and
(c) the holder took all reasonable steps to prevent the contravention of the condition.
A person is associated with the holder for the purposes of paragraph (b) (but without limiting any other circumstances of association) if the person is an employee, agent, licensee, contractor or sub-contractor of the holder.
This section extends to conditions to which the suspension, revocation or surrender of a licence is subject under section 81, including a condition varied under section 81A.
For the purposes of subsection (3), a reference to the holder of the licence includes a reference to—
(a) the former holder of the licence, and
(b) another person required to comply with the condition or to whom the condition applies.
This Part contains examples of conditions that can be attached to a licence. Accordingly, nothing in this Part prevents other conditions being attached to a licence.
The conditions of a licence may require—
(a) monitoring by the holder of the licence of the activity or work authorised, required or controlled by the licence, including with respect to—
(i) the operation or maintenance of premises or plant, and
(ii) discharges from premises, and
(iii) relevant ambient conditions prevailing on or outside premises, and
(iv) anything required by the conditions of the licence, and
(b) the provision and maintenance of appropriate measuring and recording devices for the purposes of that monitoring, and
(c) the analysis, reporting and retention of monitoring data.
A holder of a licence who supplies information, or on whose behalf information is supplied, to the appropriate regulatory authority under the conditions of the licence is guilty of an offence if the information is false or misleading in a material respect.
Maximum penalty—
(a) in the case of a corporation—$2,000,000, or
(b) in the case of an individual—$500,000.
The conditions of a licence may require the holder of a licence to supply to the appropriate regulatory authority information relating to a pollution incident to which Part 5.7 applies in addition to the information required under that Part.
The conditions of a licence may require the holder of the licence to supply to the appropriate regulatory authority a statement that is certified by the holder, by another person approved by that authority or by a person prescribed by the regulations, as correct and that states all or any of the following—
(a) the extent to which the conditions of the licence, or any provisions of the regulations applicable to the activity or work authorised, required or controlled by the licence, have or have not been complied with,
(b) particulars of any failure to comply with the conditions or any such regulations,
(c) the reasons for any failure to comply with the conditions or any such regulations,
(d) any action taken, or to be taken, to prevent any recurrence of that failure or to mitigate the effects of that failure,
(e) the fee paid or payable in relation to the licence (including the manner of calculation of the fee or other specified aspect of the fee).
A person who gives a certificate for the purposes of a condition referred to in this section is guilty of an offence if any of the statements certified is false or misleading in a material respect.
Maximum penalty—
(a) for a corporation—$1,000,000, or
(b) for an individual—$500,000.
Any information or statements supplied to the appropriate regulatory authority for the purposes of a condition referred to in this section may be taken into consideration by that authority and used for the purposes of this Act. Without limiting the above, any such information and statements are admissible in evidence in any prosecution of the holder of the licence for any offence against this Act or the regulations, whether or not the information or statements might incriminate that holder.
The holder of a licence subject to a condition referred to in subsection (1) (a) must, within 14 days of obtaining monitoring data as referred to in that subsection—
(a) if the holder maintains a website that relates to the business or activity the subject of the licence—make any of the monitoring data that relates to pollution, and the licensee’s name, publicly and prominently available on that website in accordance with any requirements issued in writing by the EPA, or
(b) if the holder does not maintain such a website—provide a copy of any of the monitoring data that relates to pollution, to any person who requests a copy of the data, at no charge and in accordance with any requirements issued in writing by the EPA.
Maximum penalty—
(a) for a corporation—$20,000, or
(b) for an individual—$10,000.
A person who makes available or provides monitoring data in accordance with subsection (6) is guilty of an offence if the monitoring data is false or misleading in a material respect.
Maximum penalty—
(a) for a corporation—$20,000, or
(b) for an individual—$10,000.
An offence against subsection (2) or (4) committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169.
The conditions of a licence may require the holder of the licence to comply with the requirements of a mandatory environmental audit program, in accordance with Chapter 6.
The conditions of a licence may require the holder of the licence to undertake and submit to the appropriate regulatory authority studies into any aspect of the environmental impact of the activity or work authorised or controlled by the licence.
The conditions of a licence may require the holder of the licence—
(a) to develop and submit to the appropriate regulatory authority a pollution reduction program and to comply with the program as approved by the appropriate regulatory authority, or
(b) to comply with a pollution reduction program determined by the appropriate regulatory authority.
A pollution reduction program may include but is not limited to requirements to carry out works or to install plant for the purpose of preventing, controlling, abating or mitigating pollution.
The appropriate regulatory authority may approve a pollution reduction program with or without alterations.
The conditions of a licence may implement or otherwise relate to—
(a) tradeable emission schemes, or
(b) green offset schemes or works, or
(c) other schemes involving economic measures, or
(d) environmental monitoring programs,
as referred to in Part 9.3, 9.3A, 9.3B or 9.3C.
Conditions relating to tradeable emission schemes or green offset schemes or works may also be attached to licences by the regulations (see Parts 9.3A and 9.3B).
This chapter extends to the exercise of a function relating to licence conditions under Part 9.3E.
The conditions of a licence, including the conditions of the suspension, revocation or surrender of a licence, may require the holder or former holder of the licence to provide financial assurances, as provided by Part 9.4.
The conditions of a licence may require the holder of the licence to carry out remediation work in connection with the carrying out of the activities or works authorised or controlled by the licence.
The conditions of a licence may require the holder of the licence to take out and maintain a policy of insurance for the payment of costs for clean-up action, and for claims for compensation or damages, resulting from pollution in connection with the activity or work authorised or controlled by the licence.
The conditions of a licence may provide that an authorisation conferred by the licence or a variation of the licence is not to take effect until the end of a specified period or on the happening of a particular event or on the occurrence of a specified state of affairs.
Without limiting the generality of the above, the conditions may provide that an authorisation or variation will not take effect until a financial assurance is provided in accordance with the condition.
This section is subject to section 84 (Date from which decision operates).
The conditions of a licence may require the holder to enter into or arrange for a positive covenant under section 88E of the Conveyancing Act 1919, and to arrange for its registration, for the purpose of ensuring that specified requirements of a condition run with the land concerned.
The conditions of a licence may require the holder of the licence to provide to the appropriate regulatory authority information relating to the creation, collection, storage, handling, transportation, treatment, processing, recovery, recycling, re-use or disposal of waste.
The conditions of a licence may require the holder of the licence to prepare, and comply with, an environmental waste management plan. Such a plan is to set out the manner in which the holder proposes to carry out the activity or work authorised or controlled by the licence in order to achieve the required environmental outcomes, and may include a closure plan as referred to in section 76.
A draft plan may be required to accompany a licence application—see section 53.
(Repealed)
The conditions of a licence may include the following—
(a) conditions relating to the storage, handling or disposal of waste received at the premises to which the licence applies,
(b) conditions requiring the holder of the licence to take only certain classes and quantities of waste at those premises, or requiring the holder to refuse to accept certain classes and quantities of waste at those premises,
(c) conditions requiring the holder of the licence to provide incentives to encourage separation of waste delivered to those premises.
The conditions of a licence may include the following—
(a) conditions relating to the storage, handling, treatment and processing of waste,
(b) conditions imposing responsibility on the holder of the licence for the proper disposal of waste transported from the premises to which the licence applies,
(c) conditions requiring the holder of the licence to report to the appropriate regulatory authority on any matters concerning waste transported from those premises,
(d) conditions requiring the holder of the licence to implement a re-use, recovery, recycling or take-back and utilisation scheme in respect of any product or item manufactured or sold by the holder that creates waste.
The conditions of a licence may include the following—
(a) conditions relating to the construction, maintenance and cleaning of any container, vehicle or vessel used by the holder of the licence to transport waste,
(b) conditions relating to the times during which, the routes along which, and the waste facilities to which, waste may be transported by the holder of the licence,
(c) conditions imposing responsibility on the holder of the licence for the proper handling and disposal of waste transported by the holder.
The conditions of a licence, including the conditions of the suspension, revocation or surrender of a licence, may require—
(a) the holder of the licence to submit to the appropriate regulatory authority a closure plan in relation to the premises to which the licence applies or applied, and
(b) the last licensee to implement a closure plan approved by the appropriate regulatory authority.
A closure plan in relation to premises that is required to be submitted to an appropriate regulatory authority under the conditions of a licence must—
(a) specify the steps taken (or to be taken) in closing, stabilising or rehabilitating the premises and the time-frame for doing so, and
(b) provide for a post-closure monitoring and maintenance program, and
(c) identify any proposed future uses of the premises, and
(d) comply with any other specified requirements relating to the plan.
The appropriate regulatory authority may approve the closure plan as submitted to it, or may vary the plan before approving it.
In this section—
Once a licence comes into force, the licence remains in force until it is suspended, revoked or surrendered.
The licence is, while it remains in force, subject to any variations made to the licence under this Act.
The appropriate regulatory authority is required to review each licence at intervals not exceeding 5 years after the issue of the licence.
The appropriate regulatory authority must give public notice of the licences that are to be reviewed as follows—
(a) not less than 1 month, and not more than 6 months, before the review is undertaken, a notice of the review of each licence is to be published on the website of the EPA,
(b) (Repealed)
(c) the notice is to specify the activity or work to which the licence relates and the address of the premises (if any) at which it is carried out.
Any failure by the EPA to comply with the requirements of this section to review a licence is to be reported by the EPA to the Board of the EPA, and in the annual report of the EPA, together with a statement of reasons for the failure.
Any failure by a regulatory authority (other than the EPA) to comply with the requirements of this section to review a licence is to be reported to the EPA by that authority.
The EPA must audit, on an industry wide or regional basis, compliance with licence requirements under this Act and whether such requirements reflect best practice in relation to the matters regulated by the licences.
Any failure to comply with the requirements of this section cannot be the subject of proceedings under this Act.
The appropriate regulatory authority may suspend or revoke a licence during its currency.
A suspension or revocation of a licence is effected by notice in writing given to the holder of the licence.
A suspension may be for a specified period, or until the fulfilment of specified conditions, or until further order of the appropriate regulatory authority.
A licence may be revoked during the currency of a suspension.
The appropriate regulatory authority is not required to give the holder of a licence notice of the authority’s intention to suspend or revoke the licence (whether with or without conditions imposed under section 81) before giving a notice under subsection (2).
The reasons for suspending or revoking a licence may include (but are not limited to) the following—
(a) the holder of the licence has obtained the licence improperly,
(a1) the holder of the licence has contravened this Act or regulations made under this Act,
(b) a condition of the licence has been contravened,
(c) the scheduled development work to which the licence relates has not been commenced or completed and the appropriate regulatory authority is of the opinion that it is no longer appropriate that the work be carried out or completed,
(d) the activities covered by the licence are completed or no longer being carried on,
(e) the holder has failed to pay the annual licence fee by the due date for its payment,
(e1) the holder is liable to pay a contribution in respect of waste under section 88 and has failed to pay the contribution by the due date for its payment,
(f) in the opinion of the appropriate regulatory authority, the holder of the licence is no longer a fit and proper person.
Note. See section 83 for provisions relating to the determination of whether a person is a fit and proper person for the purposes of this section.
No fees are refundable on the suspension or revocation of a licence.
A licence may, on the written application of the holder of the licence, be surrendered with the written approval of the appropriate regulatory authority.
If an application for approval of the surrender of a licence has been made, the appropriate regulatory authority may, by notice in writing given to the applicant, require the applicant to supply to the appropriate regulatory authority such further information as the appropriate regulatory authority considers necessary and relevant to the application and specifies in the notice.
Without limiting the grounds for refusal, an appropriate regulatory authority may refuse an application for surrender of a licence relating to a scheduled activity if it is of the opinion that—
(a) there will be an ongoing environmental impact arising from the activity after the activity ceases to be carried on, and
(b) it is appropriate to manage that impact through conditions of the licence.
If an application for the approval of the surrender of a licence is granted or refused, any person may make a written request to the appropriate regulatory authority for the reasons for the grant or refusal of the application and the appropriate regulatory authority is to provide a written statement of the reasons to the person.
The regulations may make provision with respect to any such statement of reasons, including—
(a) the time within which a request for reasons must be made or within which the statement of reasons must be provided, and
(b) the matters to be set out in a statement of reasons, and
(c) the cases in which a statement of reasons is not required to be provided.
(Repealed)
A licence may be suspended or revoked, or the surrender of a licence may be approved, unconditionally or subject to such conditions as the appropriate regulatory authority imposes.
Those conditions may include (but are not limited to) any conditions to which the licence was subject immediately before it was suspended, revoked or surrendered.
The appropriate regulatory authority may, by notice in writing given to the former holder of the licence, attach new conditions to, or vary or revoke any existing conditions of, the suspension, revocation or surrender of the licence.
Section 64 makes it an offence to breach conditions under this section.
This section applies if a condition of the suspension, revocation or surrender of a licence requires the holder, or former holder, of the licence to do any of the following—
(a) carry out work or programs, including remediation work or pollution reduction programs,
(b) provide a financial assurance under Part 9.4,
(c) otherwise do an activity or thing.
A person other than the holder, or former holder, of the licence may apply to the appropriate regulatory authority to vary the condition to require the person, instead of or in addition to the holder, or former holder, of the licence to do any of the following—
(a) carry out the work or programs,
(b) provide the financial assurance,
(c) do the activity or thing.
The application must be made with the written consent of the holder, or former holder, of the licence unless it is not reasonably practicable to obtain the consent of the holder, or former holder, of the licence.
The application must—
(a) be made in the form approved by the appropriate regulatory authority, and
(b) include or be accompanied by the information indicated in the form, or in material accompanying the form, as being required by the appropriate regulatory authority, and
(c) be accompanied by the fee prescribed by the regulations.
If the holder of a licence is convicted of a major pollution offence, the Minister may, by notice in writing given to the holder—
(a) revoke the licence, or
(b) suspend the licence for such period as the Minister thinks fit.
In this section—
This section has effect in determining whether a person is a fit and proper person for section 45(f), 79(5)(f) or 253B(1)(a) but does not limit the section.
The appropriate regulatory authority may take into consideration any or all of the following—
(a) whether the person has—
(i) contravened environment protection legislation or other relevant legislation, or
(ii) held a licence or other authority that has been suspended or revoked under environment protection legislation or other relevant legislation,
(b) if the person is a corporation—whether a director or former director of the corporation or a related body corporate has—
(i) contravened environment protection legislation or other relevant legislation, or
(ii) held a licence or other authority that has been suspended or revoked under environment protection legislation or other relevant legislation,
(c) if the person is a corporation—whether a director or former director of the corporation or a related body corporate is or has been the director of another corporation that has—
(i) contravened environment protection legislation or other relevant legislation, or
(ii) held a licence or other authority that has been suspended or revoked under environment protection legislation or other relevant legislation,
(d) the person’s record of compliance with environment protection legislation,
(e) if the person is a corporation—the record of compliance with environment protection legislation of each director or former director of the corporation or a related body corporate,
(f) whether, in the appropriate regulatory authority’s opinion, the management of the activities or works that are or are to be authorised, required or regulated under the relevant licence will or will not be in the hands of a technically competent person,
(g) whether, in the appropriate regulatory authority’s opinion, the person is of good repute, having regard to character, honesty and integrity,
(h) if the person is a corporation—whether each director and former director of the corporation or a related body corporate is, in the appropriate regulatory authority’s opinion, of good repute, having regard to character, honesty and integrity,
(i) whether the person, in the previous 10 years, has been convicted in New South Wales or elsewhere of an offence involving fraud or dishonesty,
(j) if the person is a corporation—whether a director or former director of the corporation or a related body corporate, in the previous 10 years, has been convicted in New South Wales or elsewhere of an offence involving fraud or dishonesty,
(k) whether the person, during the previous 3 years, was personally insolvent,
(l) if the person is a corporation—whether a director or former director of the corporation or a related body corporate, during the previous 3 years and while a director of the corporation or related body corporate, was personally insolvent,
(m) if the person is a corporation—whether the person or a related body corporate applied to take the benefit of a law for the relief of insolvent debtors or compounded with the person’s or body corporate’s creditors,
(n) if the person is an individual—whether the person is or was a director of a corporation that—
(i) is the subject of a winding up order, or
(ii) has had a controller or administrator appointed during the previous 3 years,
(o) if the person is a corporation—whether the corporation—
(i) is the subject of a winding up order, or
(ii) has had a controller or administrator appointed during the previous 3 years,
(p) whether the person has demonstrated to the EPA the financial capacity to comply with the person’s obligations under or in connection with the licence or proposed licence,
(q) whether the person is in partnership, in connection with activities that are subject to a licence or licence application, with a person whom the appropriate regulatory authority does not consider to be a fit and proper person under this section,
(r) if the person is a corporation—whether a related body corporate is in partnership with a person whom the appropriate regulatory authority does not consider to be a fit and proper person under this section,
(s) another ground prescribed by the regulations.
A reference in subsection (2) to a director of a body corporate extends to a person involved in the management of the affairs of the body corporate.
Without limiting the generality of the above, the appropriate regulatory authority may disregard contraventions referred to in subsection (2) having regard to the seriousness of the contraventions, the length of time since they occurred, and other matters that appear relevant to the appropriate regulatory authority.
For the purposes of this section,
A decision of the appropriate regulatory authority regarding a licence operates from the date of the decision or another date specified by the appropriate regulatory authority, except as provided by this section.
If an appeal is made against a decision of the appropriate regulatory authority to vary, suspend or revoke a licence, to approve or refuse the surrender of a licence subject to conditions, or to attach any new conditions to, or vary any conditions of, a suspension, revocation or surrender of a licence and the Land and Environment Court directs that the decision is stayed, the decision does not operate until the stay ceases to have effect or the Land and Environment Court confirms the decision or the appeal is withdrawn, whichever first occurs.
A decision of the appropriate regulatory authority to approve the surrender of a licence without any condition operates from the time the authority notifies the licensee in writing of the decision.
(Repealed)
If the holder of a licence dies, the legal personal representative of the holder or a person approved by the appropriate regulatory authority is taken to be the holder of the licence as if it had been transferred to the representative or person.
Subsection (1) does not prevent the suspension, revocation or surrender of the licence in accordance with this Act.
If the occupier of any premises carries out work at the premises in contravention of Part 3.2, the appropriate regulatory authority may, by notice in writing given to the occupier, require the occupier—
(a) to remove the work that has been carried out, or
(b) to restore the premises to their previous state,
within such time as may be specified in the notice.
A notice under this section operates from the day the notice is given or from such later day as the notice specifies.
If an appeal is made against a notice under this section and the Land and Environment Court directs that the notice is stayed, the notice does not operate until the stay ceases to have effect or the Land and Environment Court confirms the notice or the appeal is withdrawn, whichever first occurs.
A person who contravenes the requirements of a notice under this section is guilty of an offence.
Maximum penalty—
(a) in the case of a corporation—$2,000,000 and, in the case of a continuing offence, a further penalty of $240,000 for each day the offence continues, or
(b) in the case of an individual—$500,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues.
An offence against subsection (3) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 169A.
(Repealed)
This section applies to waste facilities that are required to be licensed under this Chapter.
The occupier of a waste facility to which this section applies is required to pay to the EPA in respect of all waste received at the facility such contribution as is prescribed by the regulations.
An occupier who fails to pay the whole or any part of the contribution payable by the occupier under this section—
(a) in the manner (if any) prescribed by the regulations or as otherwise directed by the EPA by notice in writing given to the occupier, or
(b) within the time or at such intervals as prescribed by the regulations, or within the time or at such intervals as may be otherwise directed by the EPA by notice in writing given to the occupier,
is guilty of an offence.
Maximum penalty—
(a) in the case of a corporation—$2,000,000 and, in the case of a continuing offence, a further penalty of $240,000 for each day the offence continues, or
(b) in the case of an individual—$500,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues.
(Repealed)
The regulations may—
(a) provide for contributions to be calculated on such basis (including such estimates), and in accordance with such factors, as may be specified or described in the regulations, and
(b) provide for the exemption of specified occupiers, or specified classes of occupiers, from the requirement to pay contributions, and
(c) provide for the exemption of specified wastes from the calculation of contributions (including for example wastes that are recycled, re-used, recovered or processed), and
(d) provide for the payment of rebates to specified occupiers or specified classes of occupiers.
Any contribution payable under this section becomes, if it is not paid in accordance with this section and the regulations, a debt due to the EPA that is recoverable in any court of competent jurisdiction.
Interest is payable on any unpaid contribution or any unpaid portion of the contribution under this section at such rate and calculated in such manner as may be prescribed by the regulations. Any such interest may be recovered in the same way as the contribution may be recovered.
In this section,
In this Chapter—
Environment protection notices are of the following kinds—
(a) clean-up notices,
(b) prevention notices,
(c) prohibition notices.
See also noise control notices under Part 8.6.
In this part—
This section applies if the EPA reasonably suspects any of the following circumstances (
(a) circumstances that may pose a potential risk of harm to human health or the environment from—
(i) a substance, or
(ii) the deposit of waste or substances suspected of being waste,
(b) a pollution incident.
The EPA may issue a person referred to in subsection (3) with a written notice (a
Date of commencement, on publication on LW, cl 2. | ||
No 63 | Protection of the Environment Legislation Amendment Act 2011. Assented to 16.11.2011. Date of commencement of Sch 2 [1] [20] [21] and [23], 31.3.2012, sec 2 and 2012 (13) LW 20.1.2012; date of commencement of Sch 2 [2]–[11] [13] [14] [19] and [22], 6.2.2012, sec 2 and 2012 (13) LW 20.1.2012; date of commencement of Sch 2 [12], 29.2.2012, sec 2 and 2012 (48) LW 24.2.2012; date of commencement of Sch 2 [15]–[18] and [24], 29.2.2012, sec 2 and 2012 (13) LW 20.1.2012. | |
No 5 | Marine Pollution Act 2012. Assented to 14.3.2012. Date of commencement, 1.9.2014, sec 2 and 2014 (520) LW 22.8.2014. | |
No 73 | Snowy Mountains Cloud Seeding Trial Amendment Act 2012. Assented to 22.10.2012. Date of commencement, 31.5.2013, sec 2 and 2013 (234) LW 31.5.2013. | |
No 96 | Forestry Act 2012. Assented to 21.11.2012. Date of commencement of Sch 4.30, 1.1.2013, sec 2 and 2012 (680) LW 21.12.2012. | |
No 97 | Miscellaneous Acts Amendment (Directors’ Liability) Act 2012. Assented to 26.11.2012. Date of commencement, 11.1.2013, sec 2 and 2012 (629) LW 14.12.2012. | |
No 19 | Road Transport Legislation (Repeal and Amendment) Act 2013. Assented to 3.4.2013. Date of commencement, 1.7.2013, sec 2 and 2013 (329) LW 28.6.2013. | |
(341) | Protection of the Environment Operations Amendment (Scheduled Activities) Regulation 2013. LW 28.6.2013. Date of commencement, on publication on LW, cl 2. | |
No 60 | Protection of the Environment Operations Amendment (Illegal Waste Disposal) Act 2013. Assented to 3.9.2013. Date of commencement of Sch 1 [1], 1.8.2015, sec 2 and 2014 (665) LW 17.10.2014; date of commencement of Sch 1 [2]–[9], 1.10.2013, sec 2 and 2013 (553) LW 27.9.2013. | |
No 5 | Bail (Consequential Amendments) Act 2014. Assented to 12.3.2014. Date of commencement, 20.5.2014, sec 2 and 2014 (235) LW 24.4.2014. | |
(666) | Protection of the Environment Operations (Waste) Regulation 2014. LW 17.10.2014. Date of commencement of Sch 2, 1.11.2014, cl 2 (1). | |
No 65 | Protection of the Environment Legislation Amendment Act 2014. Assented to 28.10.2014. Date of commencement, 1.1.2015, sec 2 and 2014 (835) LW 19.12.2014. | |
No 72 | Marine Estate Management Act 2014. Assented to 11.11.2014. Date of commencement, 19.12.2014, sec 2 and 2014 (833) LW 19.12.2014. | |
(852) | Protection of the Environment Operations Amendment (NSW Gas Plan) Regulation 2014. LW 19.12.2014. Date of commencement, on publication on LW, cl 2. | |
No 5 | Electricity Network Assets (Authorised Transactions) Act 2015. Assented to 4.6.2015. Date of commencement of Sch 8, assent, sec 2 (1). | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 2, 8.7.2015, sec 2 (1). | |
No 19 | State Insurance and Care Governance Act 2015. Assented to 21.8.2015. Date of commencement of Sch 15.14, 1.9.2015, sec 2 and 2015 (524) LW 28.8.2015. | |
No 24 | Biosecurity Act 2015. Assented to 22.9.2015. Date of commencement of Sch 8.32, 1.7.2017, sec 2 and 2017 (227) LW 2.6.2017. | |
No 40 | Mining and Petroleum Legislation Amendment (Harmonisation) Act 2015. Assented to 2.11.2015. Date of commencement of Sch 3, 1.3.2016, sec 2 and 2016 (91) LW 26.2.2016. | |
No 42 | Protection of the Environment Operations Amendment (Enforcement of Gas and Other Petroleum Legislation) Act 2015. Assented to 2.11.2015. Date of commencement, 1.12.2015, sec 2 and 2015 (695) LW 20.11.2015. | |
No 13 | Fines Amendment Act 2016. Assented to 11.5.2016. Date of commencement, 1.6.2016, sec 2 and 2016 (276) LW 1.6.2016. | |
(118) | Protection of the Environment Operations (Waste) Amendment Regulation 2017. LW 31.3.2017. Date of commencement of Sch 1, on publication on LW, cl 2 (1). | |
No 17 | Crown Land Legislation Amendment Act 2017. Assented to 17.5.2017. Date of commencement of Sch 4, 1.7.2018, sec 2 (1) and 2018 (225) LW 1.6.2018. | |
No 21 | Protection of the Environment Legislation Miscellaneous Amendments Act 2017. Assented to 1.6.2017. Date of commencement of Sch 3 [1] [2] [4] [11]–[13] and [15]: not in force; date of commencement of Sch 3 [3] [5]–[8] [10] [14] [16] and [18], 1.6.2017, sec 2 (1); date of commencement of Sch 3 [9] and [17], 8.11.2017, sec 2 (2) and 2017 (609) LW 3.11.2017. | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 2, 7.7.2017, sec 2 (3). | |
No 63 | Statute Law (Miscellaneous Provisions) Act (No 2) 2017. Assented to 23.11.2017. Date of commencement of Sch 1.15, assent, Sch 1.15. | |
No 65 | Local Government Amendment (Regional Joint Organisations) Act 2017. Assented to 30.11.2017. Date of commencement, 15.12.2017, sec 2 and 2017 (730) LW 15.12.2017. | |
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 1.19, 14 days after assent, sec 2 (1); date of commencement of Sch 2.27, 1.8.2018, sec 2 (3). | |
No 40 | Forestry Legislation Amendment Act 2018. Assented to 27.6.2018. Date of commencement of Sch 3.11, 9.11.2018, sec 2 and 2018 (620) LW 9.11.2018. | |
(643) | Protection of the Environment Operations Legislation Amendment (Waste) Regulation 2018. LW 16.11.2018. Date of commencement of Sch 1, on publication on LW, sec 2 (1). | |
No 70 | Government Sector Finance Legislation (Repeal and Amendment) Act 2018. Assented to 22.11.2018. Date of commencement of Sch 3, 1.12.2018, sec 2 (1) and 2018 (673) LW 30.11.2018. | |
No 80 | Protection of the Environment Operations Amendment (Asbestos Waste) Act 2018. Assented to 28.11.2018. Date of commencement of Sch 1 [1]–[10] and [12], 25.1.2019, sec 2 (1) and 2019 (18) LW 25.1.2019; date of commencement of Sch 1 [11], 20.12.2019, sec 2 and 2019 (635) LW 20.12.2019. | |
(88) | Protection of the Environment Operations Amendment (Drug Exhibit Waste and Vapour Recovery) Regulation 2019. LW 22.2.2019. Date of commencement, on publication on LW, cl 2. | |
(319) | Protection of the Environment Operations Legislation Amendment (Scheduled Activities) Regulation 2019. LW 5.7.2019. Date of commencement, on publication on LW, cl 2. | |
No 5 | COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020. Assented to 14.5.2020. Date of commencement of Sch 1.25, assent, sec 2(1). | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Schs 1.35 and 2.32, 11.12.2020, sec 2(3); date of commencement of amendments made by Sch 4.77, 22.1.2021, sec 2(4). | |
No 5 | COVID-19 Recovery Act 2021. Assented to 25.3.2021. Date of commencement of Sch 1.22, assent, sec 2(1). | |
No 31 | Plastic Reduction and Circular Economy Act 2021. Assented to 29.11.2021. Date of commencement of Sch 3, assent, sec 2(1). | |
No 3 | Environment Legislation Amendment Act 2022. Assented to 4.3.2022. Date of commencement, assent, sec 2. | |
No 5 | COVID-19 and Other Legislation Amendment (Regulatory Reforms) Act 2022. Assented to 24.3.2022. Date of commencement of Sch 1.14, assent, sec 2(1). | |
No 8 | Greater Cities Commission Act 2022. Assented to 13.4.2022. Date of commencement, assent, sec 2. | |
(449) | Protection of the Environment Operations (General) Regulation 2022. LW 12.8.2022. Date of commencement, 1.9.2022, sec 2. | |
(51) | Protection of the Environment Operations Legislation Amendment (Miscellaneous) Regulation 2023. LW 17.2.2023. Date of commencement, on publication on LW, sec 2. | |
(72) | Protection of the Environment Operations Amendment (Waste Storage) Regulation 2023. LW 24.2.2023. Date of commencement, on publication on LW, sec 2. | |
No 7 | Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. | |
No 30 | Radiation Control Amendment Act 2023. Assented to 24.10.2023. Date of commencement of Sch 2, assent, sec 2(c). The amendment made by Sch 2.5[3] was without effect as the provision being amended was repealed by the Statute Law (Miscellaneous Provisions) Act (No 2) 1999. | |
No 35 | Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023. Date of commencement of Sch 1.16, assent, sec 2(c). | |
No 10 | Environmental Legislation Amendment (Hazardous Chemicals) Act 2024. Assented to 25.3.2024. Date of commencement, assent, sec 2. | |
No 20 | Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Act 2024. Assented to 3.4.2024. Date of commencement of Sch 9[1]–[8] [10]–[79] and [81]–[84], assent, sec 2(c); date of commencement of Sch 9[9], 1.7.2024, sec 2(a); date of commencement of Sch 9[80], immediately after the commencement of Environmental Legislation Amendment (Hazardous Chemicals) Act 2024, Sch 1[21] (ie 25.3.2024), sec 2(b). | |
No 47 | Statute Law (Miscellaneous Provisions) Act 2024. Assented to 9.8.2024. Date of commencement, assent, sec 2. | |
No 1 | Protection of the Environment Legislation Amendment (FOGO Recycling) Act 2025. Assented to 2.3.2025. Date of commencement, assent, sec 2. | |
No 58 | Environmental Legislation Amendment Act 2025. Assented to 23.9.2025. Date of commencement of Sch 9[1]–[46] and [48]–[86]: not in force; date of commencement of Sch 9[47], assent, sec 2(a). | |
No 61 | Local Court and Bail Legislation Amendment Act 2025. Assented to 28.10.2025. Date of commencement of Sch 2: not in force; date of commencement of Sch 3, assent, sec 2(a). |
Amendments made to this Act prior to 1.4.2005, by regulations under secs 5 (3) and 323, are listed only in the Table of amendments.
Sec 3 | Am 2001 No 58, Sch 2 [1] [2]; 2005 No 96, Sch 1 [1]; 2024 No 10, Sch 1[1]. |
Sec 6 | Am 2000 No 20, Sch 1 [1] [2]; 2005 No 96, Sch 1 [2]; 2015 No 5, Sch 8.21 [1]; 2023 No 7, Sch 1.19[1]. |
Sec 7 | Am 2012 No 5, Sch 1.5 [1]. |
Sec 15 | Am 2018 No 25, Sch 2.27 [1]. Rep 2024 No 20, Sch 9[1]. |
Sec 17 | Am 2018 No 25, Sch 2.27 [2]. Subst 2024 No 20, Sch 9[2]. |
Sec 29 | Am 2022 No 3, Sch 5[1] [2]; 2024 No 20, Sch 9[3]. |
Sec 45 | Am 1998 No 120, Sch 1.35 [1]; 2001 No 58, Sch 2 [3]; 2005 No 96, Sch 1 [3]–[5]; 2018 No 25, Sch 1.19 [1] [2]; 2024 No 20, Sch 9[4]. |
Sec 47 | Am 2005 No 96, Sch 1 [6]; 2012 No 97, Sch 1.34 [1]; 2024 No 20, Sch 9[5]–[8]. |
Sec 48 | Am 2005 No 96, Sch 1 [7]; 2012 No 97, Sch 1.34 [2]; 2024 No 20, Sch 9[5]–[8]. |
Sec 49 | Am 2005 No 96, Sch 1 [8]; 2012 No 97, Sch 1.34 [3]; 2024 No 20, Sch 9[5]–[8]. |
Sec 50 | Am 2005 No 96, Sch 1 [9] [10]; 2011 No 22, Sch 2.22 [1] [2]; 2022 No 3, Sch 5[3] [4]. |
Sec 51 | Am 1998 No 54, Sch 1.14 [1]; 2022 No 3, Sch 5[5] [6]. |
Sec 53 | Am 2022 No 3, Sch 5[7]. |
Sec 54 | Am 2022 No 3, Sch 5[8]. |
Sec 55 | Am 2022 No 3, Sch 5[9]–[11]. |
Sec 57 | Am 1999 No 31, Sch 1.37 [1]; 2005 No 96, Sch 1 [11]. |
Sec 58 | Am 2022 No 3, Sch 5[12] [13]; 2024 No 20, Sch 9[9]. |
Sec 60 | Am 2002 No 14, Sch 2 [1]; 2005 No 96, Sch 1 [12]. |
Sec 61 | Am 2002 No 14, Sch 2 [2]. |
Sec 64 | Am 2005 No 96, Sch 1 [13]; 2012 No 97, Sch 1.34 [4]; 2022 No 3, Sch 5[14]; 2024 No 20, Sch 9[5]–[8]. |
Sec 66 | Am 2002 No 14, Sch 2 [3]; 2005 No 96, Sch 1 [14]–[18]; 2011 No 63, Sch 2 [1]; 2012 No 97, Sch 1.34 [5]; 2022 No 3, Sch 5[15]–[17]; 2024 No 20, Sch 9[5] [7] [10]. |
Sec 69 | Am 2000 No 91, Sch 1 [1]. Subst 2005 No 96, Sch 1 [19]. Am 2010 (85), Sch 1 [1] [2]. |
Sec 69A | Am 2024 No 10, Sch 1[2]. |
Sec 70 | Subst 2005 No 96, Sch 1 [20]. |
Sec 75 | Am 2001 No 58, Sch 2 [4]; 2005 No 96, Sch 1 [21]–[23]. |
Sec 76 | Subst 2005 No 96, Sch 1 [24]. |
Sec 78 | Am 2005 No 96, Sch 1 [25] [26]; 2017 No 21, Sch 3 [3]. |
Sec 79 | Am 1999 No 31, Sch 1.37 [2]; 2001 No 56, Sch 1.14 [1]; 2005 No 96, Sch 1 [27] [28]; 2014 No 65, Sch 2.1 [1]; 2018 No 25, Sch 1.19 [1] [2]; 2024 No 20, Sch 9[11]. |
Sec 80 | Am 1999 No 31, Sch 1.37 [3] [4]; 2002 No 14, Sch 2 [4]; 2004 No 55, Sch 1.20 [1]; 2005 No 96, Sch 1 [29]. |
Sec 81A | Ins 2022 No 3, Sch 5[18]. |
Sec 82 | Am 2005 No 96, Sch 1 [30]. |
Sec 83 | Am 2001 No 56, Sch 1.14 [2]–[4]; 2005 No 96, Sch 1 [31]; 2018 No 25, Sch 1.19 [3]; 2022 No 3, Sch 5[19]–[24]; 2024 No 20, Sch 9[12]. |
Sec 84 | Am 1999 No 31, Sch 1.37 [5]; 2001 No 56, Sch 1.14 [5] [6]; 2005 No 96, Sch 1 [32] [33]. |
Sec 86 | Am 2005 No 96, Sch 1 [34] [35]; 2012 No 97, Sch 1.34 [6]; 2024 No 20, Sch 9[5]–[8]. |
Sec 87 | Am 2001 No 58, Sch 2 [5] [6]; 2005 No 96, Sch 1 [36]. Rep 2017 No 21, Sch 3 [5]. |
Sec 88 | Am 2005 No 96, Sch 1 [37]–[41]; 2007 No 26, Sch 1 [1]–[3]; 2008 No 62, Sch 1.27 [1]; 2013 No 60, Sch 1 [1]; 2024 No 20, Sch 9[5]–[8]. |
Chapter 4, heading | Am 2024 No 20, Sch 9[13]. |
Chapter 4, Part 4.1A | Ins 2024 No 20, Sch 9[14]. |
Sec 90A | Ins 2024 No 20, Sch 9[14]. |
Sec 90B | Ins 2024 No 20, Sch 9[14]. |
Sec 90C | Ins 2024 No 20, Sch 9[14]. |
Sec 90D | Ins 2024 No 20, Sch 9[14]. |
Sec 90E | Ins 2024 No 20, Sch 9[14]. |
Sec 90F | Ins 2024 No 20, Sch 9[14]. |
Sec 90G | Ins 2024 No 20, Sch 9[14]. |
Sec 90H | Ins 2024 No 20, Sch 9[14]. |
Sec 90I | Ins 2024 No 20, Sch 9[14]. |
Sec 91 | Am 2005 No 96, Sch 1 [42]; 2012 No 97, Sch 1.34 [7]; 2014 No 65, Sch 2.1 [2]; 2022 No 3, Sch 5[25]–[30]; 2024 No 20, Sch 9[15] [16]. |
Sec 91A | Ins 2022 No 3, Sch 5[31]. Am 2023 No 30, Sch 2.5[1]. |
Sec 91B | Ins 2022 No 3, Sch 5[31]. Am 2024 No 20, Sch 9[5]–[8]. |
Sec 92 | Am 2015 No 5, Sch 8.21 [2]. |
Sec 93 | Am 2001 No 56, Sch 1.14 [7]. |
Sec 93A | Ins 2024 No 20, Sch 9[17]. |
Sec 94 | Am 2005 No 96, Sch 1 [43] [44]. |
Chapter 4, Part 4.2A | Ins 2024 No 20, Sch 9[18]. |
Sec 94A | Ins 2024 No 20, Sch 9[18]. |
Sec 94B | Ins 2024 No 20, Sch 9[18]. |
Sec 94C | Ins 2024 No 20, Sch 9[18]. |
Sec 94D | Ins 2024 No 20, Sch 9[18]. |
Sec 94E | Ins 2024 No 20, Sch 9[18]. |
Sec 94F | Ins 2024 No 20, Sch 9[18]. |
Sec 94G | Ins 2024 No 20, Sch 9[18]. |
Sec 94H | Ins 2024 No 20, Sch 9[18]. |
Sec 94I | Ins 2024 No 20, Sch 9[18]. |
Sec 94J | Ins 2024 No 20, Sch 9[18]. |
Sec 94K | Ins 2024 No 20, Sch 9[18]. |
Sec 94L | Ins 2024 No 20, Sch 9[18]. |
Sec 94M | Ins 2024 No 20, Sch 9[18]. |
Sec 94N | Ins 2024 No 20, Sch 9[18]. |
Sec 94O | Ins 2024 No 20, Sch 9[18]. |
Sec 95 | Am 2005 No 96, Sch 1 [45]. |
Sec 96 | Am 1999 No 80, Sch 3.6 [1]; 2001 No 56, Sch 1.14 [8]; 2005 No 96, Sch 1 [46]–[48]; 2025 No 1, Sch 1[1]. |
Sec 96A | Ins 2022 No 3, Sch 5[32]. |
Sec 97 | Am 2005 No 96, Sch 1 [49]; 2012 No 97, Sch 1.34 [8]; 2024 No 20, Sch 9[5]–[8]. |
Sec 99 | Subst 1999 No 31, Sch 1.37 [6]; 2005 No 96, Sch 1 [50]. |
Sec 100 | Am 2005 No 96, Sch 1 [51] [52]. |
Sec 101 | Am 2022 No 3, Sch 5[33] [34]. |
Sec 101A | Ins 2022 No 3, Sch 5[35]. |
Sec 102 | Am 2005 No 96, Sch 1 [53]; 2012 No 97, Sch 1.34 [9]; 2024 No 20, Sch 9[5]–[8]. |
Sec 104 | Am 2009 No 56, Sch 1.32 [1]; 2022 No 3, Sch 5[36] [37]. |
Sec 105 | Am 2023 No 30, Sch 2.5[2]. |
Sec 107 | Am 2005 No 96, Sch 1 [54]. |
Sec 108A | Ins 2024 No 20, Sch 9[19]. |
Sec 109A | Ins 1999 No 31, Sch 1.37 [7]. Rep 2002 No 14, Sch 2 [5]. Ins 2024 No 20, Sch 9[20]. |
Sec 110 | Am 2005 No 96, Sch 1 [55]; 2006 No 58, Sch 1.24 [1]; 2024 No 20, Sch 9[21]. |
Sec 112 | Am 2005 No 96, Sch 1 [56]; 2012 No 97, Sch 1.34 [10]; 2024 No 20, Sch 9[5]–[8] [22]–[24]. |
Sec 113 | Am 2005 No 96, Sch 1 [57]; 2012 No 97, Sch 1.34 [11]; 2022 No 3, Sch 5[38]; 2024 No 20, Sch 9[5] [7] [25] [26]. |
Sec 115 | Am 2005 No 96, Sch 1 [58]; 2012 No 97, Sch 1.34 [12]. |
Sec 116 | Am 2012 No 97, Sch 1.34 [13]. |
Sec 117 | Am 2012 No 97, Sch 1.34 [14]. |
Sec 119 | Subst 2005 No 96, Sch 1 [59]. Am 2024 No 20, Sch 9[10] [27]–[29]. |
Sec 120 | Subst 2002 No 14, Sch 2 [6]. Am 2012 No 97, Sch 1.34 [15]. |
Sec 122 | Am 2018 No 40, Sch 3.11 [1]. |
Sec 123 | Subst 2005 No 96, Sch 1 [60]. Am 2024 No 20, Sch 9[5]–[8]. |
Sec 128 | Am 2014 No 65, Sch 2.1 [3] [4]. |
Sec 132 | Subst 2005 No 96, Sch 1 [61]. Am 2012 No 97, Sch 1.34 [16]; 2024 No 20, Sch 9[5]–[8]. |
Sec 133 | Am 2018 No 25, Sch 2.27 [3]; 2024 No 20, Sch 9[30]. |
Part 5.4, Div 3 (secs 135A–135D) | Ins 2005 No 96, Sch 1 [62]. |
Sec 141 | Subst 2005 No 96, Sch 1 [63]. Am 2012 No 97, Sch 1.34 [17]; 2024 No 20, Sch 9[5]–[8]. |
Part 5.6, heading | Am 2000 No 20, Sch 1 [3]; 2005 No 96, Sch 1 [64]. |
Part 5.6, Div 1, heading | Ins 2005 No 96, Sch 1 [65]. |
Sec 142 | Am 2000 No 20, Sch 1 [4]. |
Part 5.6, Div 2 | Ins 2005 No 96, Sch 1 [66]. |
Sec 142A | Ins 2005 No 96, Sch 1 [66]. Am 2012 No 97, Sch 1.34 [18]; 2018 No 80, Sch 1 [1] [2]; 2024 No 20, Sch 9[31]. |
Secs 142B, 142C | Ins 2005 No 96, Sch 1 [66]. |
Sec 142D | Ins 2005 No 96, Sch 1 [66]. Am 2015 No 24, Sch 8.32. |
Sec 142E | Ins 2005 No 96, Sch 1 [66]. |
Part 5.6, Div 3, heading | Ins 2005 No 96, Sch 1 [67]. |
Sec 143 | Am 1999 No 31, Sch 1.37 [8]–[10]; 2005 No 96, Sch 1 [68] [69]; 2012 No 97, Sch 1.34 [19]; 2018 No 80, Sch 1 [3] [4]; 2022 No 3, Sch 5[39]; 2024 No 20, Sch 9[32]. |
Sec 144 | Am 1999 No 31, Sch 1.37 [11]. Subst 2005 No 96, Sch 1 [70]. Am 2012 No 97, Sch 1.34 [20]; 2013 No 60, Sch 1 [2]; 2018 No 80, Sch 1 [5] [6]; 2024 No 20, Sch 9[33]. |
Sec 144AAA | Ins 2018 No 80, Sch 1 [7]. Am 2024 No 20, Sch 9[34]. |
Sec 144AAB | Ins 2018 No 80, Sch 1 [7]. Am 2024 No 20, Sch 9[35]. |
Sec 144AA | Ins 2005 No 96, Sch 1 [70]. Am 2012 No 97, Sch 1.34 [21]; 2013 No 60, Sch 1 [3] [4]; 2022 No 3, Sch 5[40] [41]; 2024 No 20, Sch 9[36] [37]. |
Sec 144AB | Ins 2013 No 60, Sch 1 [5]. Am 2018 No 80, Sch 1 [8]; 2022 No 3, Sch 5[42] [43]; 2024 No 20, Sch 9[38]. |
Sec 144AC | Ins 2014 No 65, Sch 2.1 [5]. Am 2017 No 21, Sch 3 [6]; 2024 No 20, Sch 9[39]; 2024 No 47, Sch 2.13. |
Chapter 5, Part 5.6AA | Ins 2024 No 20, Sch 9[40]. |
Sec 144AD | Ins 2024 No 20, Sch 9[40]. |
Sec 144AE | Ins 2024 No 20, Sch 9[40]. |
Sec 144AF | Ins 2024 No 20, Sch 9[40]. |
Sec 144AG | Ins 2024 No 20, Sch 9[40]. |
Sec 144AH | Ins 2024 No 20, Sch 9[40]. |
Part 5.6A, heading | Ins 2000 No 20, Sch 1 [5]. |
Sec 144A | Ins 2000 No 20, Sch 1 [6]. |
Sec 145 | Subst 2000 No 20, Sch 1 [7]. Am 2005 No 96, Sch 1 [71]; 2024 No 20, Sch 9[41]. |
Sec 145A | Ins 2000 No 20, Sch 1 [7]. Subst 2024 No 20, Sch 9[42]. |
Sec 146 | Am 2000 No 20, Sch 1 [8]; 2000 No 93, Sch 1.18 [1]–[5]; 2005 No 96, Sch 1 [72]; 2016 No 13, Sch 2.8 [1]–[4]. |
Secs 146A–146C | Ins 2000 No 20, Sch 1 [9]. |
Sec 146D | Ins 2000 No 20, Sch 1 [9]. Am 2001 No 112, Sch 2.29; 2006 No 58, Sch 1.24 [2]; 2006 No 120, Sch 1.22 [1]. |
Sec 146E | Ins 2000 No 82, Sch 1 [1]. |
Sec 146F | Ins 2012 No 5, Sch 1.5 [2]. |
Sec 148 | Am 2005 No 96, Sch 1 [73] [74]; 2011 No 63, Sch 2 [2]–[4]; 2014 No 65, Sch 2.1 [6]; 2015 No 19, Sch 15.14; 2022 No 3, Sch 5[44]; 2025 No 58, Sch 9[47]. |
Sec 149 | Am 2011 No 63, Sch 2 [5]. |
Sec 150 | Am 2011 No 63, Sch 2 [5]–[8]. |
Sec 151 | Am 2011 No 63, Sch 2 [5] [9]. |
Sec 151A | Ins 2011 No 63, Sch 2 [10]. Am 2014 No 65, Sch 2.1 [7]. |
Sec 152 | Am 2005 No 96, Sch 1 [75]; 2011 No 63, Sch 2 [11]; 2012 No 97, Sch 1.34 [22]; 2024 No 20, Sch 9[43]. |
Part 5.7A | Ins 2011 No 63, Sch 2 [12]. |
Sec 153A | Ins 2011 No 63, Sch 2 [12]. Am 2012 No 97, Sch 1.34 [23]; 2024 No 20, Sch 9[5]–[8]. |
Sec 153B | Ins 2011 No 63, Sch 2 [12]. Am 2012 No 97, Sch 1.34 [24]; 2024 No 20, Sch 9[5]–[8]. |
Sec 153C | Ins 2011 No 63, Sch 2 [12]. |
Sec 153D | Ins 2011 No 63, Sch 2 [12]. Am 2012 No 97, Sch 1.34 [25]; 2024 No 20, Sch 9[5]–[8]. |
Sec 153E | Ins 2011 No 63, Sch 2 [12]. Am 2012 No 97, Sch 1.34 [26]; 2024 No 20, Sch 9[5]–[8]. |
Sec 153F | Ins 2011 No 63, Sch 2 [12]. Am 2012 No 97, Sch 1.34 [27]; 2024 No 20, Sch 9[44]. |
Sec 154 | Am 2002 No 14, Sch 2 [7]. |
Sec 155 | Am 2005 No 96, Sch 1 [76]; 2012 No 97, Sch 1.34 [28]; 2024 No 20, Sch 9[5] [7]. |
Sec 156 | Am 2005 No 96, Sch 1 [77]; 2012 No 97, Sch 1.34 [29]; 2024 No 20, Sch 9[5] [7]. |
Sec 157 | Am 2005 No 96, Sch 1 [78]; 2024 No 20, Sch 9[5] [7]. |
Sec 158 | Am 2005 No 96, Sch 1 [79]; 2024 No 20, Sch 9[5] [7]. |
Sec 159 | Am 2005 No 96, Sch 1 [80]; 2024 No 20, Sch 9[5] [7]. |
Sec 160 | Am 1999 No 19, Sch 2.32 [1] [2]; 2013 No 19, Sch 4.64 [1]. |
Sec 161 | Am 2006 No 120, Sch 1.22 [2] [3]; 2014 No 65, Sch 2.1 [8]. |
Sec 162 | Am 2005 No 96, Sch 1 [81]; 2024 No 20, Sch 9[5] [7]. |
Part 5.8, Div 3 (secs 163, 164) | Rep 2005 No 96, Sch 1 [82]. |
Sec 165 | Am 1999 No 19, Sch 2.32 [3] [4]; 2011 No 41, Sch 5.34; 2013 No 19, Sch 4.64 [2]; 2020 No 30, Sch 4.77. |
Sec 166 | Am 1999 No 19, Sch 2.32 [5]; 2011 No 41, Sch 5.34; 2013 No 19, Sch 4.64 [3]; 2020 No 30, Sch 4.77. |
Sec 167 | Am 2005 No 96, Sch 1 [83]; 2012 No 97, Sch 1.34 [30]; 2024 No 20, Sch 9[5]–[8]. |
Sec 167A | Ins 2022 No 3, Sch 5[45]. Am 2023 No 7, Sch 1.19[2]; 2024 No 20, Sch 9[5] [7] [10]. |
Sec 167B | Ins 2022 No 3, Sch 5[45]. Am 2024 No 20, Sch 9[45]. |
Sec 168 | Am 2012 No 97, Sch 1.34 [31]. |
Sec 169 | Am 2005 No 96, Sch 1 [84]–[86]; 2012 No 97, Sch 1.34 [32]–[34]; 2018 No 80, Sch 1 [9]; 2024 No 10, Sch 1[3]. |
Sec 169A | Ins 2012 No 97, Sch 1.34 [35]. Am 2022 No 3, Sch 5[46] [47]; 2024 No 10, Sch 1[4]; 2025 No 1, Sch 1[2] [3]. |
Sec 169B | Ins 2012 No 97, Sch 1.34 [35]. |
Sec 169C | Ins 2012 No 97, Sch 1.34 [35]. |
Chapter 5A | Ins 2025 No 1, Sch 1[4]. |
Chapter 5A, Part 5A.1 | Ins 2025 No 1, Sch 1[4]. |
Sec 170A | Ins 2025 No 1, Sch 1[4]. |
Sec 170B | Ins 2025 No 1, Sch 1[4]. |
Sec 170C | Ins 2025 No 1, Sch 1[4]. |
Sec 170D | Ins 2025 No 1, Sch 1[4]. |
Chapter 5A, Part 5A.2 | Ins 2025 No 1, Sch 1[4]. |
Sec 170E | Ins 2025 No 1, Sch 1[4]. |
Sec 170F | Ins 2025 No 1, Sch 1[4]. |
Sec 170G | Ins 2025 No 1, Sch 1[4]. |
Chapter 5A, Part 5A.3 | Ins 2025 No 1, Sch 1[4]. |
Sec 170H | Ins 2025 No 1, Sch 1[4]. |
Chapter 5A, Part 5A.4 | Ins 2025 No 1, Sch 1[4]. |
Sec 170I | Ins 2025 No 1, Sch 1[4]. |
Sec 170J | Ins 2025 No 1, Sch 1[4]. |
Sec 172 | Am 2001 No 56, Sch 1.14 [9]. |
Sec 173 | Am 2024 No 20, Sch 9[46]. |
Sec 175
Subst 2011 No 63, Sch 2 [13].
Sec 177
Am 2022 No 3, Sch 5[48]–[50]; 2024 No 20, Sch 9[5]–[8].
Chapter 6, Part 6.3
Rep 2024 No 20, Sch 9[47].
Sec 180
Rep 2024 No 20, Sch 9[47].
Sec 181
Rep 2024 No 20, Sch 9[47].
Sec 182
Rep 2024 No 20, Sch 9[47].
Sec 183
Rep 2024 No 20, Sch 9[47].
Sec 186
Am 1999 No 31, Sch 1.37 [12]; 1999 No 80, Sch 3.6 [2] [3]; 2001 No 58, Sch 2 [7]; 2002 No 14, Sch 1 [8]; 2012 No 73, Sch 2.2; 2017 No 21, Sch 3 [7]; 2021 No 31, Sch 3.3[1]; 2022 No 3, Sch 5[51]; 2023 No 30, Sch 2.7[1]; 2024 No 20, Sch 9[48].
Part 7.2, heading
Am 2002 No 14, Sch 2 [9].
Sec 187
Am 2002 No 14, Sch 2 [10]; 2002 No 53, Sch 1.22 [1]; 2002 No 112, Sch 1.23 [1].
Sec 188
Am 2002 No 14, Sch 2 [11].
Sec 189
Am 2002 No 14, Sch 2 [12] [13]; 2004 No 55, Sch 1.20 [2]; 2008 No 62, Sch 1.27 [2].
Sec 189A
Ins 2002 No 14, Sch 2 [14].
Sec 196
Am 1999 No 80, Sch 3.6 [4]; 2017 No 21, Sch 3 [8] [9]; 2024 No 10, Sch 1[5].
Sec 198
Am 1999 No 80, Sch 3.6 [5] [6]; 2000 No 53, Sch 1.23 [1]; 2024 No 20, Sch 9[49].
Sec 198A
Ins 2005 No 96, Sch 1 [87].
Sec 199
Am 2002 No 14, Sch 2 [15] [16]; 2002 No 103, Sch 4.73 [1]–[4].
Sec 199A
Ins 1999 No 80, Sch 3.6 [7].
Sec 203
Am 1997 No 156, sec 203(10); 2005 No 96, Sch 1 [88]; 2020 No 5, Sch 1.25; 2021 No 5, Sch 1.22; 2022 No 5, Sch 1.14.
Sec 203A
Ins 2005 No 96, Sch 1 [89].
Sec 204
Am 2001 No 121, Sch 2.174 [1] [2]; 2005 No 96, Sch 1 [90]; 2014 No 5, Sch 2.27 [1]–[3]; 2025 No 61, Sch 3.12[1] [2].
Sec 205
Am 1998 No 120, Sch 1.35 [2] [3]; 1999 No 80, Sch 3.6 [8]; 2004 No 91, Sch 2.65; 2005 No 96, Sch 1 [91]; 2014 No 72, Sch 4.13 [1].
Sec 205A
Ins 1999 No 80, Sch 3.6 [9].
Sec 206
Am 1998 No 120, Sch 1.35 [4]; 2005 No 96, Sch 1 [92].
Sec 206A
Ins 2024 No 10, Sch 1[6].
Sec 207
Am 2006 No 58, Sch 1.24 [3]–[5].
Sec 208
Am 1999 No 80, Sch 3.6 [10]; 2005 No 96, Sch 1 [93]–[95].
Part 7.6A (secs 210A–210E)
Ins 2013 No 60, Sch 1 [6].
Sec 211
Am 2005 No 96, Sch 1 [96]; 2022 No 3, Sch 5[52]–[55]; 2024 No 20, Sch 9[5]–[8] [50].
Sec 212A
Ins 1999 No 31, Sch 1.37 [13]. Am 2009 No 56, Sch 1.32 [2]; 2024 No 20, Sch 9[51].
Sec 212B
Ins 2001 No 56, Sch 1.14 [10].
Sec 212C
Ins 2002 No 14, Sch 2 [17]. Am 2005 No 96, Sch 1 [97].
Sec 212D
Ins 2002 No 14, Sch 2 [17].
Sec 212E
Ins 2005 No 96, Sch 1 [98].
Sec 213
Am 2001 No 58, Sch 2 [8]; 2005 No 96, Sch 1 [99] [100]. Subst 2021 No 31, Sch 3.3[2]. Am 2022 No 3, Sch 5[56]; 2024 No 10, Sch 1[7].
Sec 215
Am 1999 No 85, Sch 2.50; 2001 No 121, Sch 2.174 [3]; 2007 No 94, Sch 2; 2011 No 63, Sch 2 [14]; 2024 No 20, Sch 9[52].
Sec 216
Am 2001 No 121, Sch 2.174 [4] [5]; 2004 No 55, Sch 1.20 [3] [4]; 2005 No 96, Sch 1 [101]; 2013 No 60, Sch 1 [7]; 2017 No 21, Sch 3 [10]; 2017 No 63, Sch 1.15 [1]; 2018 No 80, Sch 1 [10]; 2022 No 3, Sch 5[57] [58]; 2024 No 10, Sch 1[8] [9].
Sec 216A
Ins 2024 No 20, Sch 9[53].
Sec 218
Am 2000 No 20, Sch 1 [10] [11]; 2001 No 56, Sch 1.14 [11]; 2015 No 5, Sch 8.21 [3]; 2024 No 20, Sch 9[54] [55].
Sec 218A
Ins 2005 No 96, Sch 1 [102].
Sec 219
Am 2002 No 14, Sch 2 [18] [19].
Sec 220
Am 2002 No 14, Sch 2 [20].
Sec 221
Subst 2000 No 20, Sch 1 [12]. Am 2002 No 14, Sch 2 [21] [22].
Secs 222, 223
Rep 2020 No 30, Sch 1.35[1].
Sec 224
Am 2002 No 14, Sch 2 [23]; 2020 No 30, Sch 1.35[2]–[4].
Sec 225
Rep 2020 No 30, Sch 1.35[1].
Sec 226
Am 2000 No 20, Sch 1 [13]; 2002 No 14, Sch 2 [24] [25]; 2015 No 5, Sch 8.21 [4]; 2024 No 20, Sch 9[56].
Sec 227
Am 2000 No 20, Sch 1 [14]; 2002 No 14, Sch 2 [26]. Rep 2020 No 30, Sch 1.35[1].
Sec 228
Am 2002 No 14, Sch 2 [27]; 2020 No 30, Sch 1.35[5] [6].
Sec 229
Am 2020 No 30, Sch 1.35[7].
Sec 230
Am 2022 No 3, Sch 5[59] [60].
Sec 231
Am 2022 No 3, Sch 5[61].
Sec 232
Am 2007 No 94, Sch 2.
Secs 237A, 237B
Ins 2005 No 96, Sch 1 [103].
Sec 241
Am 2018 No 80, Sch 1[11].
Part 8.2, Div 6, heading
Ins 2002 No 14, Sch 2 [28].
Sec 242
Am 1999 No 94, Sch 4.51 [1] [2]. Rep 2000 No 93, Sch 1.18 [6]. Ins 2002 No 14, Sch 2 [28].
Sec 243
Am 1999 No 94, Sch 4.51 [1].
Sec 244
Am 2002 No 112, Sch 1.23 [2].
Sec 246
Am 2006 No 120, Sch 1.22 [4]; 2007 No 94, Sch 3.
Sec 248
Am 2005 No 96, Sch 1 [104]; 2006 No 120, Sch 1.22 [4]; 2007 No 94, Sch 2.
Sec 249
Am 2005 No 96, Sch 1 [105]; 2007 No 94, Sch 2; 2013 No 60, Sch 1 [8]; 2022 No 3, Sch 5[62]; 2024 No 20, Sch 9[57].
Sec 250
Am 2005 No 96, Sch 1 [106]–[109]; 2006 No 120, Sch 1.22 [5]; 2007 No 94, Sch 3; 2014 No 65, Sch 2.1 [9].
Sec 250A
Ins 2024 No 20, Sch 9[58].
Part 8.3A
Ins 2022 No 3, Sch 5[63].
Sec 251A
Ins 2022 No 3, Sch 5[63]. Am 2024 No 20, Sch 9[59] [60].
Part 8.4, heading
Am 2005 No 96, Sch 1 [110].
Sec 253
Am 2023 No 7, Sch 3.22.
Sec 253A
Ins 2005 No 96, Sch 1 [111]. Am 2014 No 65, Sch 2.1 [10].
Sec 253B
Ins 2024 No 20, Sch 9[61].
Sec 254
Am 2011 No 63, Sch 2 [15]; 2022 No 3, Sch 5[64].
Sec 256
Am 2000 No 20, Sch 1 [15]; 2000 No 82, Sch 1 [2]; 2024 No 20, Sch 9[62] [63].
Sec 257
Am 1998 No 54, Sch 1.14 [2].
Sec 259
Am 2011 No 63, Sch 2 [16]; 2022 No 3, Sch 5[65].
Sec 261
Am 2002 No 14, Sch 2 [29] [30]; 2002 No 53, Sch 1.22 [2]; 2005 No 96, Sch 1 [112]; 2011 No 63, Sch 2 [17] [18]; 2022 No 3, Sch 5[66] [67]; 2024 No 10, Sch 1[10]; 2024 No 20, Sch 9[64] [65].
Sec 262
Am 2005 No 96, Sch 1 [113]; 2022 No 3, Sch 5[68]. Subst 2024 No 20, Sch 9[66].
Sec 262A
Ins 2024 No 20, Sch 9[66].
Sec 264
Am 2005 No 96, Sch 1 [114].
Sec 267
Subst 2005 No 96, Sch 1 [115].
Secs 267A, 267B
Ins 2005 No 96, Sch 1 [116].
Sec 268
Am 2001 No 121, Sch 2.174 [6]–[8]. Subst 2002 No 99, Sch 1.7. Am 2007 No 94, Schs 1.85 [1], 2.
Sec 270
Am 2015 No 5, Sch 8.21 [5].
Sec 271
Subst 2005 No 96, Sch 1 [117].
Sec 272
Am 2007 No 94, Sch 2.
Sec 273
Am 2007 No 94, Sch 3.
Sec 274
Rep 2007 No 94, Sch 1.85 [2].
Sec 278
Am 2005 No 96, Sch 1 [118]; 2015 No 5, Sch 8.21 [6].
Sec 280
Am 2001 No 121, Sch 2.174 [9]; 2006 No 58, Sch 1.24 [6].
Sec 281
Am 2022 No 3, Sch 5[69].
Sec 284
Am 2024 No 20, Sch 9[67].
Sec 285
Am 2005 No 96, Sch 1 [119]–[121].
Sec 286A
Ins 2024 No 20, Sch 9[68].
Sec 286B
Ins 2024 No 20, Sch 9[68].
Sec 286C
Ins 2024 No 20, Sch 9[68].
Sec 287
Am 2001 No 56, Sch 1.14 [12] [13]; 2002 No 14, Sch 2 [31] [32]; 2005 No 96, Sch 1 [122]; 2014 No 65, Sch 2.1 [11]; 2022 No 3, Sch 5[70]; 2023 No 7, Sch 1.19[3] [4].
Sec 288
Am 2005 No 96, Sch 1 [123].
Sec 289
Am 2005 No 96, Sch 1 [124].
Sec 289A
Ins 2014 No 65, Sch 2.1 [12].
Sec 290
Am 1998 No 137, Sch 2.21; 2001 No 121, Sch 2.174 [10]; 2005 No 96, Sch 1 [125]; 2007 No 94, Sch 1.85 [3]; 2015 No 15, Sch 2.42.
Sec 291
Am 2007 No 94, Sch 2.
Sec 293
Am 2000 No 91, Sch 1 [2] [3]; 2005 No 96, Sch 1 [126].
Sec 293A
Ins 2000 No 91, Sch 1 [4]. Am 2018 No 25, Sch 2.27 [4].
Sec 294
Subst 2000 No 91, Sch 1 [5].
Sec 294A
Ins 2000 No 91, Sch 1 [6]. Am 2005 No 96, Sch 1 [127].
Sec 295
Subst 2000 No 91, Sch 1 [7]. Am 2005 No 96, Sch 1 [128].
Part 9.3A
Ins 2000 No 91, Sch 1 [8].
Secs 295A, 295B
Ins 2000 No 91, Sch 1 [8].
Sec 295C
Ins 2000 No 91, Sch 1 [8]. Am 2018 No 25, Sch 2.27 [5].
Sec 295D
Ins 2000 No 91, Sch 1 [8]. Am 2002 No 14, Sch 2 [33].
Secs 295E–295H
Ins 2000 No 91, Sch 1 [8].
Sec 295I
Ins 2000 No 91, Sch 1 [8]. Am 2002 No 61, Sch 1 [1] [2].
Secs 295J–295L
Ins 2000 No 91, Sch 1 [8].
Part 9.3B
Ins 2005 No 96, Sch 1 [129].
Secs 295M–295P
Ins 2005 No 96, Sch 1 [129].
Sec 295Q
Ins 2005 No 96, Sch 1 [129]. Am 2018 No 25, Sch 2.27 [6].
Secs 295R–295X
Ins 2005 No 96, Sch 1 [129].
Part 9.3C
Ins 2010 (85), Sch 1 [3].
Sec 295Y
Ins 2010 (85), Sch 1 [3]. Am 2023 No 35, Sch 1.16.
Sec 295Z
Ins 2010 (85), Sch 1 [3].
Sec 295ZA
Ins 2010 (85), Sch 1 [3]. Am 2018 No 70, Sch 3.52.
Part 9.3D (secs 295ZB–295ZG)
Ins 2011 No 63, Sch 2 [19].
Part 9.3E
Ins 2024 No 10, Sch 1[11].
Part 9.3E, Div 1
Ins 2024 No 10, Sch 1[11].
Sec 296 (as originally enacted)
Renumbered as sec 297A, 2024 No 10, Sch 1[12].
Sec 296
Ins 2024 No 10, Sch 1[11].
Sec 296A
Ins 2024 No 10, Sch 1[11].
Sec 296B
Ins 2024 No 10, Sch 1[11].
Sec 296C
Ins 2024 No 10, Sch 1[11].
Sec 296D
Ins 2024 No 10, Sch 1[11].
Sec 296E
Ins 2024 No 10, Sch 1[11].
Part 9.3E, Div 2
Ins 2024 No 10, Sch 1[11].
Sec 296F
Ins 2024 No 10, Sch 1[11].
Sec 296G
Ins 2024 No 10, Sch 1[11].
Sec 296H
Ins 2024 No 10, Sch 1[11].
Part 9.3E, Div 3
Ins 2024 No 10, Sch 1[11].
Sec 296I
Ins 2024 No 10, Sch 1[11].
Sec 296J
Ins 2024 No 10, Sch 1[11].
Sec 296K
Ins 2024 No 10, Sch 1[11].
Sec 296L
Ins 2024 No 10, Sch 1[11].
Sec 296M
Ins 2024 No 10, Sch 1[11].
Part 9.3E, Div 4
Ins 2024 No 10, Sch 1[11].
Sec 296N
Ins 2024 No 10, Sch 1[11].
Sec 296O
Ins 2024 No 10, Sch 1[11].
Part 9.3E, Div 5
Ins 2024 No 10, Sch 1[11].
Sec 296P
Ins 2024 No 10, Sch 1[11].
Sec 296Q
Ins 2024 No 10, Sch 1[11].
Sec 296R
Ins 2024 No 10, Sch 1[11].
Sec 297 (as originally enacted)
Renumbered as sec 297B, 2024 No 10, Sch 1[12].
Sec 297A (previously sec 296)
Renumbered 2024 No 10, Sch 1[12].
Sec 297B (previously sec 297)
Renumbered 2024 No 10, Sch 1[12].
Sec 299
Am 2022 No 3, Sch 5[71].
Sec 300
Am 2005 No 96, Sch 1 [130].
Sec 301
Am 2005 No 96, Sch 1 [131].
Sec 305
Am 2012 No 97, Sch 1.34 [36]; 2022 No 3, Sch 5[72].
Part 9.4A
Ins 2022 No 3, Sch 5[73].
Sec 307A
Ins 2022 No 3, Sch 5[73].
Sec 308
Am 2001 No 56, Sch 1.14 [14] [15]; 2005 No 96, Sch 1 [132]; 2011 No 63, Sch 2 [20] [21]; 2017 No 21, Sch 3 [14]; 2018 No 25, Sch 2.27 [7]; 2024 No 10, Sch 1[13].
Sec 317
Am 2017 No 65, Sch 2.25.
Sec 319
Am 1998 No 120, Sch 1.35 [5]; 2001 No 58, Sch 2 [9]; 2005 No 96, Sch 1 [133]–[135]; 2024 No 10, Sch 1[14].
Sec 319A
Ins 2002 No 14, Sch 2 [34]. Am 2005 No 96, Sch 1 [136]–[138].
Sec 319B
Ins 2024 No 20, Sch 9[69].
Sec 320
Am 1998 No 120, Sch 1.35 [6]; 2009 No 54, Sch 2.38.
Sec 320A
Ins 2002 No 14, Sch 2 [35]. Am 2005 No 96, Sch 1 [139]; 2022 No 3, Sch 5[74]. Subst 2024 No 20, Sch 9[70].
Sec 321
Subst 2024 No 20, Sch 9[71].
Sec 323
Am 2000 No 20, Sch 1 [16]; 2003 No 43, Sch 1.6; 2005 No 96, Sch 1 [140]; 2024 No 20, Sch 9[72] [73].
Sec 325
Rep 1999 No 85, Sch 4.
Sch 1
Am GG No 53 of 30.4.1999, p 2899; GG No 72 of 25.6.1999, p 4226; GG No 42 of 31.3.2000, p 2682; GG No 57 of 12.5.2000, p 3837; GG No 71 of 16.6.2000, p 4998; GG No 54 of 16.3.2001, p 1245; GG No 60 of 30.3.2001, p 1600; 2001 No 58, Sch 2 [10] [11]; GG No 150 of 5.10.2001, p 8381; 2005 No 96, Sch 1 [141]–[144]. Subst 2008 (109), Sch 1. Am 2008 No 122, Sch 15.1 [1]; 2009 (210), Sch 1 [1]–[14]; 2009 No 106, Sch 1.13 [1] [2]; 2009 (593), Sch 1 [1]–[6]; 2011 (554), Sch 1 [1]–[9]; 2012 No 96, Sch 4.30; 2013 (341), Sch 1 [1]–[5]; 2014 (666), Sch 2 [1]–[35]; 2014 (852), Sch 1 [1] [2]; 2017 (118), Sch 1 [1]–[3]; 2018 No 40, Sch 3.11 [2]; 2018 (643), Sch 1 [1]–[7]; 2019 (88), Sch 1 [1] [2]; 2019 (319), Sch 1 [1]–[12]; 2022 No 3, Sch 5[75]; 2022 No 8, Sch 5.7; 2022 (449), Sch 9[1]–[16]; 2023 (51), Sch 1.1[1] [2]; 2023 (72), Sch 1[1] [2]; 2023 No 30, Sch 2.7[1]; 2024 No 10, Sch 1[15]–[17]; 2024 No 20, Sch 9[74]–[77].
Sch 2
Am 1999 No 31, Sch 1.37 [14]; 2001 No 56, Sch 1.14 [16]; 2001 No 58, Sch 2 [12]; 2002 No 14, Sch 2 [36]–[38]; 2005 No 96, Sch 1 [145]–[148]; 2006 No 20, Sch 1; 2006 No 58, Sch 1.24 [7] [8]; 2008 No 122, Sch 15.1 [2]; 2022 No 3, Sch 5[76]; 2024 No 10, Sch 1[18] [19]; 2024 No 20, Sch 9[78] [79]; 2025 No 1, Sch 1[5].
Sch 2A
Ins 2015 No 42, Sch 1. Am 2015 No 40, Sch 3.6; 2022 No 3, Sch 5[77]–[79].
Sch 4
Am 1998 No 54, Sch 1.14 [3]; 1999 No 31, Sch 1.37 [15]. Rep 1999 No 85, Sch 4.
Sch 5
Am 1998 No 54, Sch 1.14 [4]; 1999 No 31, Sch 1.37 [16]; 1999 No 80, Sch 3.6 [11]; 2000 No 20, Sch 1 [17] [18]; 2000 No 91, Sch 1 [9] [10]; 2001 No 58, Sch 2 [13]; 2002 No 14, Sch 2 [39] [40]; 2004 No 55, Sch 1.20 [5]; 2005 No 96, Sch 1 [149]–[151]; 2006 No 120, Sch 1.22 [6]; 2011 No 63, Sch 2 [22] [23]; 2013 No 60, Sch 1 [9]; 2014 No 65, Sch 2.1 [13]; 2017 No 21, Sch 3 [16]; 2017 No 63, Sch 1.15 [2]; 2018 No 40, Sch 3.11 [3]; 2022 No 3, Sch 5[80]; 2024 No 10, Sch 1[20]; 2024 No 20, Sch 9[80]; 2025 No 1, Sch 1[6]; 2025 No 61, Sch 3.12[3].
Sch 6, heading (previously Dictionary, heading)
Subst 2024 No 20, Sch 9[81].
Sch 6 (previously Dictionary)
Am 1998 No 120, Sch 1.35 [7]; 1999 No 19, Sch 2.32 [6] [7]; 1999 No 31, Sch 1.37 [17]; 2000 No 20, Sch 1 [19]; 2000 No 53, Sch 1.23 [2]; 2002 No 14, Sch 2 [41] [42]; 2005 No 11, Sch 3.29 [1] [2]; 2005 No 96, Sch 1 [152]–[158]; 2006 No 58, Sch 1.24 [9]; 2006 No 84, Sch 2.13; 2006 No 120, Sch 1.22 [7]; 2008 No 95, Sch 2.9 [1] [2]; 2011 No 63, Sch 2 [24]; 2012 No 96, Sch 4.30; 2013 No 19, Sch 4.64 [4]; 2014 No 65, Sch 2.1 [14]; 2014 No 72, Sch 4.13 [2]; 2017 No 17, Sch 4.79; 2017 No 21, Sch 3 [17] [18]; 2017 No 22, Sch 2.35; 2018 No 80, Sch 1 [12]; 2020 No 30, Schs 1.35[8], 2.32, 4.77; 2022 No 3, Sch 5[81] [82]; 2024 No 10, Sch 1[21]. Renumbered 2024 No 20, Sch 9[81]. Am 2024 No 20, Sch 9[82]–[84].
Dictionary, heading
Renumbered as Sch 6, heading, 2024 No 20, Sch 9[81].
Dictionary
Am 1998 No 120, Sch 1.35 [7]; 1999 No 19, Sch 2.32 [6] [7]; 1999 No 31, Sch 1.37 [17]; 2000 No 20, Sch 1 [19]; 2000 No 53, Sch 1.23 [2]; 2002 No 14, Sch 2 [41] [42]; 2005 No 11, Sch 3.29 [1] [2]; 2005 No 96, Sch 1 [152]–[158]; 2006 No 58, Sch 1.24 [9]; 2006 No 84, Sch 2.13; 2006 No 120, Sch 1.22 [7]; 2008 No 95, Sch 2.9 [1] [2]; 2011 No 63, Sch 2 [24]; 2012 No 96, Sch 4.30; 2013 No 19, Sch 4.64 [4]; 2014 No 65, Sch 2.1 [14]; 2014 No 72, Sch 4.13 [2]; 2017 No 17, Sch 4.79; 2017 No 21, Sch 3 [17] [18]; 2017 No 22, Sch 2.35; 2018 No 80, Sch 1 [12]; 2020 No 30, Schs 1.35[8], 2.32, 4.77; 2022 No 3, Sch 5[81] [82]; 2024 No 10, Sch 1[21]. Renumbered as Sch 6, 2024 No 20, Sch 9[81].
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