Protection of the Environment Operations (General) Amendment (Fees and Native Forest Bio-material) Regulation 2019 (NSW)

New South Wales

Protection of the Environment Operations

(General) Amendment (Fees and Native

Forest Bio-material) Regulation 2019

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.

MATTHEW KEAN, MP

Minister for Energy and Environment

Explanatory note

The objects of this Regulation are to:

(a) prescribe the following fee units and fees under the Protection of the Environment Operations

(General) Regulation 2009 for the 2019–2020 financial year and subsequent years:

(i)	an administrative fee unit used to calculate the administrative fee for environment protection licences,
(ii)	a pollutant fee unit used to calculate load-based fees,
(iii)	fees payable in respect of clean-up notices, prevention notices and noise control notices, and

(b)

amend certain categories of bio-material that are excluded from the definition of native forest

bio-material consequent on the repeal of the Native Vegetation Act 2003 and the commencement of

Parts 5A and 5B of the Local Land Services Act 2013.

This Regulation is made under the Protection of the Environment Operations Act 1997, including sections 53 (2) (c), 94 (2), 100 (2), 267A (2) and 323 (the general regulation-making power) and clause 9 of Schedule 2.

Protection of the Environment Operations (General) Amendment (Fees and Native Forest Bio-material)

Regulation 2019 [NSW]

Protection of the Environment Operations (General) Amendment

(Fees and Native Forest Bio-material) Regulation 2019

under the

Protection of the Environment Operations Act 1997

1      Name of Regulation

This Regulation is the Protection of the Environment Operations (General)

Amendment (Fees and Native Forest Bio-material) Regulation 2019.

2      Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Protection of the Environment Operations (General) Amendment (Fees and Native Forest Bio-material)
Regulation 2019 [NSW]

Schedule 1 Amendment of Protection of the Environment Operations (General) Regulation 2009

Schedule 1	Amendment of Protection of the Environment
Operations (General) Regulation 2009

[1]      Clause 9 Amount of administrative fee unit

Insert “and before 1 July 2019” after “on or after 1 July 2018” in clause 9 (1) (j).

[2]      Clause 9 (1) (k)–(o)

Insert after clause 9 (1) (j):

(k)	on or after 1 July 2019 and before 1 July 2020—$136,
(l)	on or after 1 July 2020 and before 1 July 2021—$139,
(m)	on or after 1 July 2021 and before 1 July 2022—$143,
(n)	on or after 1 July 2022 and before 1 July 2023—$146,
(o)	on or after 1 July 2023—$150.

[3]      Clause 19 Calculating the fee for each assessable pollutant—Step 4 of load-based

fee calculation

Insert “and before 1 July 2019” after “on or after 1 July 2018” in clause 19 (7) (j).

[4]      Clause 19 (7) (k)–(o)

Insert after clause 19 (7) (j):

(k)	on or after 1 July 2019 and before 1 July 2020—$50.48,
(l)	on or after 1 July 2020 and before 1 July 2021—$51.54,
(m)	on or after 1 July 2021 and before 1 July 2022—$52.62,
(n)	on or after 1 July 2022 and before 1 July 2023—$53.73,
(o)	on or after 1 July 2023—$54.85.

[5]      Clause 96 Definitions

Omit paragraph (a1) (i) and (ii) of the definition of native forest bio-material.

Insert instead:

(i)      trees cleared in accordance with a land management (native vegetation) code under Division 5 of Part 5A of the Local Land

Services Act 2013, or

[6]      Clause 96, definition of “native forest bio-material”

Omit “private native forestry PVP” wherever occurring in paragraph (a1) (iii) and (iv).

Insert instead “private native forestry plan”.

[7]      Clause 96, definition of “private native forestry PVP”

Omit the definition. Insert instead:

private native forestry plan has the same meaning as in Part 5B of the Local
Land Services Act 2013.

[8]      Clause 99 Fee for clean-up, prevention and noise control notices

Insert “and before 1 July 2019” after “on or after 1 July 2018” in clause 99 (j).

[9]      Clause 99 (k)–(o)

Insert after clause 99 (j):

Protection of the Environment Operations (General) Amendment (Fees and Native Forest Bio-material)
Regulation 2019 [NSW]

Schedule 1 Amendment of Protection of the Environment Operations (General) Regulation 2009

(k)	on or after 1 July 2019 and before 1 July 2020—$563,
(l)	on or after 1 July 2020 and before 1 July 2021—$577,
(m)	on or after 1 July 2021 and before 1 July 2022—$591,
(n)	on or after 1 July 2022 and before 1 July 2023—$605,
(o)	on or after 1 July 2023—$619.