Protection of the Environment Operations (General) Amendment (Burning of Bio-Material) Regulation 2003 (NSW)
2003 No 9
New South Wales
Protection of the Environment
Operations (General) Amendment
(Burning of Bio-Material) Regulation
2003
under the
Protection of the Environment Operations Act 1997
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Protection of the Environment Operations Act 1997.
BOB DEBUS, M.P.,
Minister for the Environment
Explanatory note
The objects of this Regulation are to prohibit the use of Australian native trees as fuel for electricity generating plants with a capacity of 200 kilowatts or more, and to enforce that prohibition by means of the establishment of record-keeping procedures to be followed in connection with generating plants that burn bio-material for fuel. A number of new offences are created, each of which can be dealt with by way of penalty notice.
This Regulation is made under the Protection of the Environment Operations Act 1997, including section 323 (the general power to make regulations) and item 6A of Schedule 2 (the power to regulate fuel and fuel-burning equipment).
| Published in Gazette No 13 of 10 January 2003, page 104 | Page 1 |
| 2003 No 9 | Protection of the Environment Operations (General) Amendment (Burning |
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Protection of the Environment Operations (General)
Amendment (Burning of Bio-Material) Regulation 2003
under the
Protection of the Environment Operations Act 1997
1 Name of Regulation
This Regulation is the Protection of the Environment Operations (General) Amendment (Burning of Bio-material) Regulation 2003.
2 Commencement
This Regulation commences on 24 January 2003.
3 Amendment of Protection of the Environment Operations (General) Regulation 1998
The Protection of the Environment Operations (General)
Regulation 1998 is amended as set out in Schedule 1.
4 Amendment of Protection of the Environment Operations (Penalty Notices) Regulation 1999
The Protection of the Environment Operations (Penalty Notices)
Regulation 1999 is amended as set out in Schedule 2.
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| Regulation 1998 | |
| Schedule 1 | Amendment of Protection of the Environment Operations (General) Regulation 1998 |
(Clause 3)
Chapter 3B
Insert after Chapter 3A:
Chapter 3B Burning of bio-material in electricity
generating works
57L Definitions
In this Chapter:
Australian native tree means any tree of a species indigenous to Australia.
electricity generating work means a work (including associated facilities) that supplies, or is capable of supplying, more than 200 kilowatts of electricity.
EPA guidelines means guidelines in force under section 57Q.
forest bio-material means the bio-material comprised in
trees.
native forest bio-material means the bio-material comprised
in Australian native trees, other than:
(a) bio-material obtained from:
(i)
an authorised plantation within the meaning of the Plantations and Reafforestation Act 1999, or
(ii)
anexistingplantationwithinthemeaningof section 9 of the Plantations and Reafforestation Act 1999, or
(iii)
land on which exempt farm forestry (within the meaning of the Plantations and Reafforestation Act 1999) is being carried out, or
(iv)
landonwhichancillaryplantationoperations (within the meaning of section 9 of the Plantations and Reafforestation Act 1999) are being carried out, or
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(b) sawdust or other sawmill waste, or (c)
waste arising from wood processing or the manufacture of wooden products, other than waste arising from activities (such as woodchipping or the manufacture of railway sleepers) carried out at the location from which the Australian native trees are harvested.
57M Native forest bio-material not to be used for electricity
generationThe occupier of any premises who causes or allows native forest bio-material to be burned in any electricity generating work in or on those premises is guilty of an offence.
Maximum penalty:
(a) in the case of a corporation—400 penalty units, (b) in the case of an individual—200 penalty units.
57N Record-keeping
(1) The occupier of any premises who causes or allows bio- material of any kind to be burned in any electricity generating work in or on those premises during a reporting period must keep records, as required by the EPA guidelines, in relation to fuel held during that period at those premises. (2) Within 60 days after the end of each reporting period, the
occupier:
(a) must prepare reports to be prepared, as required by the EPA guidelines, in relation to: (i) the use of the electricity generating work, and
(ii) the use of forest bio-material as fuel for the electricity generating work,
during that period, and
(b)
must cause any such report to be audited by an auditor having the qualifications set out in the EPA guidelines, and
(c)
mustsendacopyofanysuchreport,certifiedin accordance with the EPA guidelines, to the EPA.
(3)
The occupier must retain all records kept under this clause for at least 4 years after the end of the reporting period to which they relate.
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(4) The occupier is guilty of an offence if the requirements of this
clause are not complied with.Maximum penalty:
(a) in the case of a corporation—200 penalty units, (b) in the case of an individual—100 penalty units. (5) This clause does not apply to an electricity generating plant in relation to any reporting period that commenced before 1 July 2003. (6) In this clause, reporting period, in relation to an electricity
generating work, means:
(a) in the case of a work the subject of an environment protection licence, the licence fee period in relation to that licence (within the meaning of Part 2.1), or (b) in the case of any other work, the year ending 30 June. The EPA is to ensure that the reports sent to it under this Chapter are made available at its head office for inspection by members of the public.
57O Reports to be made publicly available 57P Offence of providing false information
(1)
A person who, in or in connection with a requirement under this Chapter, provides any information, or makes any statement, that is false or misleading in a material particular is guilty of an offence.
Maximum penalty:
(a) in the case of a corporation—200 penalty units, (b) in the case of an individual—100 penalty units. (2)
It is a defence to a prosecution for an offence against this clause if the person establishes that the person had reasonable grounds to believe that the information or statement was true and had no reason to suspect that the information or statement was false or misleading in a material respect.
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57Q EPA guidelines The EPA may, by order published in the Gazette, establish guidelines as to the keeping of records, and the preparation and auditing of reports, for the purposes of this Chapter.
57R Appropriate regulatory authority Pursuant to section 6 (3) of the Act, the EPA is declared to be the appropriate regulatory authority for any matter arising under this Chapter.
Note. As a consequence of this declaration, a local authority is not the appropriate regulatory authority for any such matter for which (but for this clause) it would be the appropriate regulatory authority under section 6 (2) of the Act.
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| Amendment of Protection of the Environment Operations (Penalty Notices) | Schedule 2 |
| Regulation 1999 | |
| Schedule 2 | Amendment of Protection of the Environment Operations (Penalty Notices) Regulation 1999 |
(Clause 4)
Schedule 1 Penalty notice offences
Insert at the end of the matter relating to the Protection of the Environment Operations (General) Regulation 1998, in Columns 1, 2, 3 and 4, respectively:
Clause 57M 2 $1500 $750 Clause 57N (4) 2 $1500 $750 Clause 57P (1) 2 $1500 $750
BY AUTHORITY
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