Protection of the Environment Operations Amendment (Scheduled Activities) Regulation 2013 (NSW)
2013 No 341
New South Wales
Protection of the Environment
Operations Amendment (Scheduled
Activities) Regulation 2013
under the
Protection of the Environment Operations Act 1997
His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Protection of the Environment Operations Act 1997.
ROBYN PARKER, MP
Minister for the Environment
Explanatory note
The object of this Regulation is to include the following activities as scheduled activities under the Protection of the Environment Operations Act 1997 and to provide for licensing fees in relation to those activities:
| (a) | coal seam gas exploration, assessment and production activities, and |
| (b) | electricity generation activities by means of wind turbines on wind farms. |
This Regulation also makes minor changes to the licensing fees applicable for other natural including sections 5 (3), 57 (1) and 323 (the general regulation-making power).
gas or methane production activities.
| Published LW 28 June 2013 | Page 1 |
| 2013 No 341 | Protection of the Environment Operations Amendment (Scheduled |
| Clause 1 | Activities) Regulation 2013 |
Protection of the Environment Operations Amendment
(Scheduled Activities) Regulation 2013
under the
Protection of the Environment Operations Act 1997
1 Name of Regulation
This Regulation is the Protection of the Environment Operations
Amendment (Scheduled Activities) Regulation 2013.
2 Commencement
This Regulation commences on the day on which it is published on the
NSW legislation website.
| Protection of the Environment Operations Amendment (Scheduled | 2013 No 341 |
| Activities) Regulation 2013 | |
| Amendment of Protection of the Environment Operations Act 1997 No 156 | Schedule 1 |
| Schedule 1 | Amendment of Protection of the Environment Operations Act 1997 No 156 |
[1] Schedule 1 Scheduled activities
Insert after clause 9:
9A Coal seam gas exploration, assessment and production
(1) This clause applies to the following activities:
coal seam gas assessment/production, meaning:
(a)
prospecting for coal seam gas for which a petroleum exploration licence, assessment lease or production lease is required under the Petroleum (Onshore) Act 1991, if that prospecting involves the extraction of groundwater, or
(b)
the commercial production of coal seam gas for which an assessment lease or production lease is required under the Petroleum (Onshore) Act 1991.
coal seam gas exploration, meaning prospecting for coal seam gas for which a petroleum exploration licence is required under the Petroleum (Onshore) Act 1991, but not if the prospecting involves the extraction of groundwater.
(2)
However, this clause does not apply to the following activities if the activity is carried out on land that is not within an environmentally sensitive area of State significance (within the meaning of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007):
(a) geological mapping and airborne surveying, (b) sampling and coring using hand-held equipment, (c)
geophysical (including seismic) surveying and downhole logging,
(d)
accessing of areas by vehicle that does not involve the construction of an access way such as a track or road,
(e) soil sampling by machinery, (f)
the construction, maintenance or use of equipment for the monitoring of weather, noise, groundwater or subsidence,
(g)
the construction, maintenance or use of roads consistent with best practice industry standards as outlined in the document entitled Managing urban stormwater: Soils and construction (Volume 2C: Unsealed roads), published by
| 2013 No 341 | Protection of the Environment Operations Amendment (Scheduled Activities) Regulation 2013 |
| Schedule 1 | Amendment of Protection of the Environment Operations Act 1997 No 156 |
the Department of Environment and Climate Change,
dated January 2008,
(h)
the recovery, obtaining or removal of coal seam gas in the course of coal mining.
(3) Each activity to which this clause applies is declared to be a
scheduled activity.
[2] Schedule 1, clause 17 (1)
Insert in alphabetical order:
electricity works (wind farms), meaning the generation of
electricity by means of wind turbines.
[3] Schedule 1, clause 17
Insert the following in alphabetical order of activity in Columns 1 and 2 of the
Table to the clause, respectively:
electricity works (wind farms) is the subject of an approval granted
under Part 3A of the Environmental
Planning and Assessment Act 1979
before the repeal of that Part (or under
that Part as continued on after that repeal
by or under Schedule 6A to that Act), or
is the subject of a development consent
(being a consent that relates to State
significant development) granted by the
Minister under Part 4 of the
Environmental Planning and Assessment
Act 1979 (including by operation of
clause 89 of Schedule 6 to that Act), orNote. This criteria covers development
consent granted before 1 August 2005 (before
the commencement of Part 3A of the
Environmental Planning and Assessment Act
1979) and development consent granted after1 October 2011 (after the repeal of that Part).
was being carried out immediately before
1 December 2012 with a capacity to
generate more than 30 megawatts of
electrical power
[4] Schedule 1, clause 31 (1)
Insert “(other than coal seam gas)” after “or methane” in the definition of natural gas/methane production.
| Protection of the Environment Operations Amendment (Scheduled | 2013 No 341 |
| Activities) Regulation 2013 | |
| Amendment of Protection of the Environment Operations Act 1997 No 156 | Schedule 1 |
[5] Schedule 1, clause 50 (1)
Insert in alphabetical order:
coal seam gas means petroleum that:
(a)
consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane, and
(b)
is in a gaseous state at standard temperature and pressure, and
(c) is extracted from coal beds.
| 2013 No 341 | Protection of the Environment Operations Amendment (Scheduled Activities) Regulation 2013 |
| Schedule 2 | Amendment of Protection of the Environment Operations (General) Regulation 2009 |
| Schedule 2 | Amendment of Protection of the Environment Operations (General) Regulation 2009 |
[1] Schedule 1 Licensing fees
Insert after the matter relating to “CHEMICAL STORAGE”:
COAL SEAM GAS EXPLORATION, ASSESSMENT AND PRODUCTION
Coal seam gas exploration (see clause 9A of Schedule 1 to the Act)
1 Units of measure: (not applicable) 2 Administrative fee
Annual production capacity Administrative fee units Any capacity 40 Coal seam gas assessment/production (see clause 9A of Schedule 1 to the Act)
1 Units of measure: petajoules
2 Administrative fee
Annual production capacity Administrative fee units Not more than 6 petajoules 65 More than 6, but not more than 15 petajoules 165 More than 15 petajoules 660 3 Load-based fee
Air pollutants Threshold factor Benzene 0.004 Benzo(a)pyrene (equivalent) 0.005 Fine particulates 0.2 Hydrogen sulfide 0.031 Nitrogen oxides and nitrogen oxides (summer) 0.5
Sulfur oxides 0.6 VOCs and VOCs (summer) 0.4 Water pollutants Threshold factor BOD 0.14
| Protection of the Environment Operations Amendment (Scheduled | 2013 No 341 |
| Activities) Regulation 2013 | |
| Amendment of Protection of the Environment Operations (General) | Schedule 2 |
| Regulation 2009 |
COAL SEAM GAS EXPLORATION, ASSESSMENT AND PRODUCTION
Oil and grease 0.12 Salt 3.6 Suspended solids 0.36 Total PAHs 0.07 Total phenolics 0.27 [2] Schedule 1
Omit “(see clause 17 (1) of Schedule 1 to the Act)” from the subheading under the heading “ELECTRICITY GENERATION”.
Insert instead “(see clause 17 (1) of Schedule 1 to the Act in respect of general electricity works, metropolitan electricity works (gas turbines) and metropolitan electricity works (internal combustion engines))”.
[3] Schedule 1
Insert at the end of the matter under the heading “ELECTRICITY
GENERATION”:Electricity generation (see clause 17 (1) of Schedule 1 to the Act in respect of electricity works (wind farms))
1 Units of measure: gigawatt-hours 2 Administrative fee
Annual generating capacity Administrative fee units Not more than 450 gigawatt-hours 15 More than 450 but not more than 1,000 45 gigawatt-hours More than 1,000 but not more than 4,000 65 gigawatt-hours More than 4,000 gigawatt-hours 150 3 Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)
[4] Schedule 1
Omit “Extractive, processing or storage capacity” and “Extractive capacity” under the heading “EXTRACTIVE ACTIVITIES”.
| 2013 No 341 | Protection of the Environment Operations Amendment (Scheduled Activities) Regulation 2013 |
| Schedule 2 | Amendment of Protection of the Environment Operations (General) Regulation 2009 |
Insert instead “Annual extractive, processing or storage capacity” and
“Annual extractive capacity”, respectively.[5] Schedule 1
Omit the matter relating to natural gas/methane production under the heading
“PETROLEUM AND FUEL PRODUCTION”. Insert instead:Natural gas/methane production (see clause 31 (1) of Schedule 1 to the
Act)
1 Units of measure: petajoules
2 Administrative fee
Annual production capacity Administrative fee units Not more than 6 petajoules 65 More than 6, but not more than 15petajoules 165 More than 15 petajoules 660 3 Load-based fee (but only if the activity is a scheduled activity under clause 31 (2) of Schedule 1 to the Act)
Air pollutants Threshold factor Benzene 0.004 Benzo(a)pyrene (equivalent) 0.005 Fine particulates 0.2 Hydrogen sulfide 0.031 Nitrogen oxides and nitrogen oxides (summer) 0.5 Sulfur oxides 0.6 VOCs and VOCs (summer) 0.4 Water pollutants Threshold factor BOD 0.14 Oil and grease 0.12 Salt 3.6 Suspended solids 0.36 Total PAHs 0.07 Total phenolics 0.27
| Protection of the Environment Operations Amendment (Scheduled | 2013 No 341 |
| Activities) Regulation 2013 | |
| Amendment of Protection of the Environment Operations (General) | Schedule 2 |
| Regulation 2009 |
[6] Schedule 8 Savings and transitional provisions
Insert at the end of the Schedule with appropriate Part and clause numbering:
Part Provisions consequent on commencement of Protection of the Environment Operations Amendment (Scheduled Activities) Regulation 2013
Definition
In this Part, amending Regulation means the Protection of the Environment Operations Amendment (Scheduled Activities) Regulation 2013.
Commencement of licensing requirements for coal seam gas exploration, assessment or production
Despite clause 47 of the Regulation, if, because of the amendment of Schedule 1 to the Act by the amending Regulation, it has 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 period 3 months after the commencement of that amendment,
(b)
the relevant licence application (if any) made before the end of that period by the person has been finally determined.
Commencement of licensing requirements for electricity works
(wind farms)
(1)
A licence authorising scheduled development work in respect of the scheduled activity of electricity works (wind farms) is not required by a person proposing to carry out such work until the later of the following:
(a)
the end of the period of 9 months after the commencement of the amending Regulation,
(b)
the relevant licence application (if any) made before the end of that period by the person has been finally determined.
| 2013 No 341 | Protection of the Environment Operations Amendment (Scheduled Activities) Regulation 2013 |
| Schedule 2 | Amendment of Protection of the Environment Operations (General) Regulation 2009 |
(2) A licence authorising the scheduled activity of electricity works (wind farms) is not required by a person proposing to carry out such activity until the later of the following:
(a) the end of the period of 9 months after the commencement of the amending Regulation, (b) the relevant licence application (if any) made before the end of that period by the person has been finally determined.
0
0
0