Protection of the Environment Operations (General) Amendment (Exemption) Regulation 2003 (NSW)

2003 No 411

New South Wales

Protection of the Environment

Operations (General) Amendment

(Exemption) 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 object of this Regulation is to provide that a person does not commit an offence under section 120 of the Protection of the Environment Operations Act 1997 (which prohibits the pollution of waters) by discharging treated sewage, in accordance with the Marine Pollution Regulation 2001, from a certified on-board sewage treatment system installed on a vessel.

This Regulation is made under the Protection of the Environment Operations Act 1997, including sections 286 and 323 (the general regulation-making power).

Published in Gazette No 104 of 27 June 2003, page 6181	Page 1
2003 No 411	Protection of the Environment Operations (General) Amendment
Clause 1	(Exemption) Regulation 2003

Protection of the Environment Operations (General)

Amendment (Exemption) 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 (Exemption) Regulation 2003.

2 Commencement

This Regulation commences on 1 July 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.

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Protection of the Environment Operations (General) Amendment	2003 No 411
(Exemption) Regulation 2003
Amendment	Schedule 1
Schedule 1 Amendment

(Clause 3)

Clause 55A

Insert after clause 55:

55A	Exemption from water pollution offence in relation to certified on-board sewage treatment systems
(1) Section 120 of the Act does not apply to a discharge of treated sewage from a certified on-board sewage treatment system installed on a vessel if:

(a)	the system is installed and maintained in accordance with Part 5B of the Marine Pollution Regulation 2001, and
(b)	the discharge occurs in navigable waters other than waters referred to in clause 22F (1) of that Regulation, and
(c)	at the time of the discharge, the vessel is being operated in accordance with any plan of management approved for the vessel under clause 22I of that Regulation.
(2)	In this clause, certified on-board sewage treatment system, navigable waters and treated sewage have the same meanings as in Part 5B of the Marine Pollution Regulation 2001.

BY AUTHORITY

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