Protection of the Environment Operations (General) Amendment (Fees and Penalty Notices) Regulation 2014 (NSW)
New South Wales
Protection of the Environment Operations
(General) Amendment (Fees and Penalty
Notices) Regulation 2014
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.
ROBERT STOKES, MP
Minister for the Environment
Explanatory note
The object of this Regulation is to amend the Protection of the Environment Operations (General)
Regulation 2009 as follows:
| (a) | to increase the penalty notice amounts payable under penalty notices in respect of certain offences under the Protection of the Environment Operations Act 1997 (the Act), the Protection of the Environment Operations (Clean Air) Regulation 2010 (the Clean Air Regulation) and the Protection of the Environment Operations (Noise Control) Regulation 2008, |
| (b) | to prescribe different penalty notice amounts in respect of certain penalty notice offences under the Act based on whether the enforcement officer serving the penalty notice is a class 1 enforcement officer (generally, a member of staff of a local authority) or any other class of enforcement officer, |
| (c) | to expand the penalty notice offences in relation to which members of staff of the Western Sydney Parklands Trust can be authorised to issue penalty notices to include the offence under section 143 of the Act concerning the unlawful transportation of waste, |
| (d) | to enable persons employed in the Office of Environment and Heritage to be authorised to issue penalty notices in relation to littering offences under the Act and offences under the Clean Air Regulation concerning burning in the open air or in incinerators, |
| (e) | to prescribe the administrative fee units used to calculate licence application fees, and annual licence fees, relating to waste processing (otherwise than by thermal treatment) of liquid waste or waste oil, |
| (f) | to make other changes by way of law revision (including updating references to Departments and to the head of the Office of Environment and Heritage). |
This Regulation is made under the Protection of the Environment Operations Act 1997, including sections 53 (2) (c), 57 (1), 222, 226 (1), 227 (1) and (3) and 323 (the general regulation-making power) and Schedule 2.
Protection of the Environment Operations (General) Amendment
(Fees and Penalty Notices) Regulation 2014
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 Penalty Notices) Regulation 2014.
2 Commencement
This Regulation commences on 29 August 2014 and is required to be published on the NSW legislation website.
| Schedule 1 | Amendment of Protection of the Environment Operations (General) Regulation 2009 |
[1] Clause 3 Definitions
Omit the definitions of Department and Director-General.
[2] Clause 43 Members
Omit “the Department” wherever occurring in clause 43 (2) (a) and (b) (iv).
Insert instead “the EPA or the Office of Environment and Heritage”.[3] Clause 81 Enforcement officers
Omit “the Department” from clause 81 (6) (a) (ii).
Insert instead “the Office of Environment and Heritage”.[4] Clause 81 (6) (b) and (c)
Omit the paragraphs. Insert instead:
(b) class 2—a member of staff of the EPA, (c) class 3—a member of staff of the EPA,
[5] Clause 81 (6) (h)
Omit “Office of the”.
[6] Clause 81 (6) (i)
Omit the paragraph. Insert instead:
(i) class 9—a member of staff of:
(i) the Department of Premier and Cabinet in relation to a penalty notice offence alleged to have been committed on land vested in the Centennial Park and Moore Park Trust or in the Parramatta Park Trust, or (ii) Venues NSW in relation to a penalty notice offence alleged to have been committed on land comprised in Parramatta Stadium (being Lots 951–965 in Deposited Plan 42643) that is vested in Venues NSW,
[7] Clause 81 (6) (k)
Omit “, the Office of the Sydney Olympic Park Authority or the Western Sydney Parklands
Trust”.Insert instead “or the Sydney Olympic Park Authority”.
[8] Clause 81 (6) (m)
Omit “Division of the Government Service of New South Wales”.
[9] Clause 81 (6) (p) and (q)
Insert after clause 81 (6) (o):
(p) class 16—a member of staff of the Western Sydney Parklands Trust, (q) class 17—a member of staff of the Office of Environment and Heritage.
[10] Clause 81 (6), note
Omit the note. Insert instead:
Note. Section 59 of the Government Sector Employment Act 2013 provides that a reference to a member of staff of a statutory body is to be read as including a reference to a Public Service employee who is employed to enable the statutory body to exercise its functions and to any other person whose services the statutory body makes use of (whether by way of secondment or otherwise).
See also section 68HA (5) of the Transport Administration Act 1988 in relation to references to the staff of Roads and Maritime Services and the staff of Transport for NSW.
[11] Clause 81 (8)
Omit the subclause.
[12] Clause 87 Chief Executive of Office of Environment and Heritage
Omit “Director-General” wherever occurring in clause 87.
Insert instead “Chief Executive of the Office of Environment and Heritage”.[13] Schedule 1 Licensing fees
Omit the matter relating to “WASTE PROCESSING (NON-THERMAL
TREATMENT)”.Insert instead: WASTE PROCESSING (NON-THERMAL TREATMENT)
Non-thermal treatment of general waste (see clause 41 (1) of Schedule 1 to the Act)
1 Units of measure (not applicable) 2 Administrative fee
Annual processing capacity Administrative fee units Any capacity 16 3 Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)
Non-thermal treatment of hazardous and other waste (see clause 41 (1) of
Schedule 1 to the Act)1 Units of measure (not applicable)
2 Administrative fee
Annual processing capacity Administrative fee units Any capacity 32 3 Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)
Non-thermal treatment of liquid waste (see clause 41 (1) of Schedule 1 to the Act)
1 Units of measure (not applicable)
2 Administrative fee
Annual processing capacity Administrative fee units Any capacity 32 WASTE PROCESSING (NON-THERMAL TREATMENT)
3 Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)
Non-thermal treatment of waste oil (see clause 41 (1) of Schedule 1 to the Act)
1 Units of measure (not applicable)
2 Administrative fee
Annual processing capacity Administrative fee units Not more than 1,000 tonnes 25 More than 1,000 tonnes 65 3 Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)
Non-thermal treatment of waste tyres (see clause 41 (1) of Schedule 1 to the Act)
1 Units of measure (not applicable)
2 Administrative fee
Annual processing capacity Administrative fee units Any capacity 12 3 Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)
[14] Schedule 6 Penalty notice offences
Omit the matter relating to the Protection of the Environment Operations Act 1997.
Insert instead:Protection of the Environment Operations Act 1997
Column 1 Column 2 Column 3 Column 4 Provision of Act Officer Penalty Penalty Section 47 3 $4,000 $8,000 Section 48 3 $7,500 $15,000 Section 49 3 $7,500 $15,000 Section 64 failing to submit an annual 3 $1,500 $3,000 return by the time required by the
condition of a licence
Section 64 in any other case 3 $7,500 $15,000 Section 66 (2) 3 $4,000 $8,000 Section 66 (4) 3 $4,000 $8,000 Section 66 (6) 3 $500 $1,000 Section 66 (7) 3 $500 $1,000 Section 86 3 $4,000 $8,000 Section 88 3 $4,000 $8,000 Protection of the Environment Operations Act 1997
Column 1 Column 2 Column 3 Column 4 Provision of Act Officer Penalty Penalty Section 91 1, 2, 12, 13, 14 $4,000 (if the $8,000 (if the
penalty notice is penalty notice is served by a class 1 served by a class 1 enforcement enforcement officer) or $7,500 officer) or (in any other case) $15,000 (in any
other case)
Section 94 1, 2, 12, 13, 14 $500 $1,000 Section 97 1, 2, 12, 13, 14 $4,000 (if the $8,000 (if the penalty notice is penalty notice is served by a class 1 served by a class 1 enforcement enforcement officer) or $7,500 officer) or (in any other case) $15,000 (in any
other case)Section 100 1, 2, 12, 13, 14 $500 $1,000 Section 120 1, 2, 4, 5, 6, 7, 9, $4,000 (if the $8,000 (if the 10, 11, 12, 13, penalty notice is penalty notice is 14, 15, 16 served by a class 1 served by a class 1 enforcement enforcement officer) or $7,500 officer) or (in any other case) $15,000 (in any
other case)Section 124 1, 2, 14, 15 $2,000 (if the $4,000 (if the penalty notice is penalty notice is served by a class 1 served by a class 1 enforcement enforcement officer) or $4,000 officer) or $8,000 (in any other case) (in any other case) Section 125 1, 2, 14, 15 $2,000 (if the $4,000 (if the penalty notice is penalty notice is served by a class 1 served by a class 1 enforcement enforcement officer) or $4,000 officer) or $8,000 (in any other case) (in any other case) Section 126 1, 2, 14, 15 $2,000 (if the $4,000 (if the penalty notice is penalty notice is served by a class 1 served by a class 1 enforcement enforcement officer) or $4,000 officer) or $8,000 (in any other case) (in any other case) Section 128 1, 2, 14, 15 $4,000 (if the $8,000 (if the penalty notice is penalty notice is served by a class 1 served by a class 1 enforcement enforcement officer) or $7,500 officer) or (in any other case) $15,000 (in any
other case)Section 129 3 $4,000 $8,000 Section 135 1, 2 $200 $400 Protection of the Environment Operations Act 1997
Column 1 Column 2 Column 3 Column 4 Provision of Act Officer Penalty Penalty Section 135C (1) 1 (limited to $200 $400 member of staff
of local
authority)Section 136 sell article of prescribed 3 $200 $400 class (other than a motor vehicle horn or motor vehicle intruder alarm) if, when in use or operation, the article emits noise
that, when measured at any point
specified in or determined in accordance
with the regulations, is in excess of the
level prescribed in respect of the class to
which it belongs by less than 5dB(A)Section 136 sell article of prescribed 3 $400 $800 class (other than a motor vehicle horn or motor vehicle intruder alarm) if, when in use or operation, the article emits noise
that, when measured at any point
specified in or determined in accordance
with the regulations, is in excess of the
level prescribed in respect of the class to
which it belongs by 5dB(A) or moreSection 136 sell article of prescribed 3 $300 $600 class (being a motor vehicle horn or a
motor vehicle intruder alarm) if, when in
use or operation, the article emits noise
that, when measured at any point
specified in or determined in accordance
with the regulations, is in excess of the
level prescribed in respect of the class to
which it belongsSection 137 1, 2 $200 $400 Section 139 1, 2, 14 $750 $1,500 Section 140 1, 2, 14 $750 $1,500 Section 142A 1, 2 $4,000 (if the $8,000 (if the penalty notice is penalty notice is served by a class 1 served by a class 1 enforcement enforcement officer) or $7,500 officer) or (in any other case) $15,000 (in any
other case)Section 143 transport waste, being waste 1, 2, 5, 13, 16 $4,000 (if the $8,000 (if the comprising asbestos waste or hazardous penalty notice is penalty notice is waste (within the meaning of Schedule 1 served by a class 1 served by a class 1 to the Act), or any other waste greater enforcement enforcement than 1 cubic metre in volume or 2 tonnes officer) or $7,500 officer) or in weight, to a place that cannot lawfully (in any other case) $15,000 (in any be used as a waste facility for that waste other case) Protection of the Environment Operations Act 1997
Column 1 Column 2 Column 3 Column 4 Provision of Act Officer Penalty Penalty Section 143 transport other waste to a 1, 2, 5, 13, 16 $2,000 (if the $4,000 (if the place that cannot lawfully be used as a penalty notice is penalty notice is waste facility for that waste served by a class 1 served by a class 1 enforcement enforcement officer) or $4,000 officer) or $8,000 (in any other case) (in any other case) Section 144 1, 2, 5, 13 $4,000 (if the $8,000 (if the penalty notice is penalty notice is served by a class 1 served by a class 1 enforcement enforcement officer) or $7,500 officer) or (in any other case) $15,000 (in any
other case)Section 144AA (1) 2 $4,000 $8,000 Section 145 deposit litter that is a small 1, 2, 4, 5, 7, 8, 9, $80 — item, including a confectionery wrapper, 10, 11, 12, 13, cigarette packet, ATM statement or bus or 14, 15, 16, 17 train ticket (excluding a cigarette and
excluding litter deposited from a vehicle)Section 145 deposit other litter (excluding 1, 2, 4, 5, 7, 8, 9, $250 $500 a cigarette and excluding litter deposited 10, 11, 12, 13, from a vehicle) 14, 15, 16, 17 Section 145 deposit litter that is an unlit 1, 2, 4, 5, 7, 8, 9, $80 — or extinguished cigarette (excluding litter 10, 11, 12, 13, deposited from a vehicle) 14, 15, 16, 17 Section 145 deposit litter that is a lit 1, 2, 4, 5, 7, 8, 9, $250 — cigarette (excluding litter deposited from 10, 11, 12, 13, a vehicle) 14, 15, 16, 17 Section 145 deposit litter from a vehicle 1, 2, 4, 5, 7, 8, 9, $250 $500 10, 11, 12, 13, 14, 15, 16, 17
Section 145A deposit litter (for example, 1, 2, 4, 5, 7, 8, 9, $450 $900 a lit cigarette) in dangerous 10, 11, 12, 13, circumstances, including the deposit of a 14, 15, 16, 17 syringe Section 146A 1, 2, 4, 5, 7, 8, 9, $200 $400 10, 11, 12, 13, 14, 15, 16, 17
Section 146B 1, 2, 4, 5, 7, 8, 9, $200 $400 10, 11, 12, 13, 14, 15, 16, 17
Section 146C 1, 2, 4, 5, 7, 8, 9, $200 $400 10, 11, 12, 13, 14, 15, 16, 17
Section 146E (1) 1, 2, 4, 5, 7, 8, 9, $200 $400 10, 11, 12, 13, 14, 15, 16, 17
Protection of the Environment Operations Act 1997
Column 1 Column 2 Column 3 Column 4 Provision of Act Officer Penalty Penalty Section 146E (2) 1, 2, 4, 5, 7, 8, 9, $200 $400 10, 11, 12, 13, 14, 15, 16, 17 Section 146E (3) 1, 2, 4, 6, 7, 8, 9, $375 $750 10, 11, 12, 13, 14, 15, 16, 17 Section 152 1, 2 $2,000 (if the $4,000 (if the penalty notice is penalty notice is served by a class 1 served by a class 1 enforcement enforcement officer) or $4,000 officer) or $8,000 (in any other case) (in any other case) Section 153A 3 $4,000 $8,000 Section 153B 3 $4,000 $8,000 Section 153D 3 $4,000 $8,000 Section 153E 3 $4,000 $8,000 Section 153F 3 $4,000 $8,000 Section 155 3 $750 $1,500 Section 156 3 $750 $1,500 Section 157 (1) 3 $750 $1,500 Section 157 (2) 3 $750 $1,500 Section 161 (4) 3 $300 $600 Section 161 (7) 3 $300 $600 Section 167 1, 2 $2,000 (if the $4,000 (if the penalty notice is penalty notice is served by a class 1 served by a class 1 enforcement enforcement officer) or $4,000 officer) or $8,000 (in any other case) (in any other case) Section 211 (1) 1, 2, 4, 5, 13, $750 $1,500 14, 15 Section 265 1, 2, 4, 14 $750 $1,500 Section 267A (7) 1, 2, 4, 14 $500 $1,000 Section 277 (1) (a) 1, 2, 4, 5, 8, 14 $300 $600 Section 277 (1) (b) 1, 2, 4, 5, 8, 14 $300 $600 Section 277 (2) (a) 1, 2, 4, 5, 8, 14 $300 $600 Section 277 (2) (b) 1, 2, 4, 5, 8, 14 $300 $600 [15] Schedule 6
Insert “, 17” after “2” wherever occurring in Column 2 of the matter relating to clauses 10,
11 and 12 of the Protection of the Environment Operations (Clean Air) Regulation 2010.[16] Schedule 6
Omit the matter relating to clause 16 (1) of the Protection of the Environment Operations
(Clean Air) Regulation 2010.Insert instead:
Clause 16 (1) in relation to the emission of 3 $2,000 — excessive air impurities by a heavy vehicle
(within the meaning of the Road Transport Act 2013)
being used in the M5 East Tunnel
Clause 16 (1) in any other case 3 $300 $600 [17] Schedule 6
Omit the matter relating to clause 23 (1) of the Protection of the Environment Operations
(Clean Air) Regulation 2010.Insert instead:
Clause 23 (1) failure to ensure that any catalytic 3 $500 $1,000 converter that has been fitted to the motor vehicle
has not been removed, disconnected or impaired
Clause 23 (1) in any other case 3 $300 — [18] Schedule 6
Omit the matter relating to the Protection of the Environment Operations (Noise Control)
Regulation 2008.Insert instead: Protection of the Environment Operations (Noise Control) Regulation 2008
Column 1 Column 2 Column 3 Column 4 Provision of Regulation Officer Penalty Penalty Clause 5 (1) 3 $300 $600 Clause 10 3 $300 $600 Clause 11 (1) 3 $300 $600 Clause 12 (1) cause or permit use of vehicle 3 $150 $300 capable of emitting noise exceeding maximum
level by less than 5 dB(A)
Clause 12 (1) cause or permit use of vehicle 3 $250 $500 capable of emitting noise exceeding maximum
level by between 5 and 15 dB(A)
Clause 12 (1) cause or permit use of vehicle 3 $600 $1,200 capable of emitting noise exceeding maximum
level by more than 15 dB(A)
Clause 13 1, 2, 5 $200 $400 Clause 14 (1) 1, 2, 5 $300 $600 Clause 15 (1) 1, 2, 5 $300 $600 Clause 16 1, 2, 5 $300 $600 Clause 17 (1) 2, 5 $200 — Protection of the Environment Operations (Noise Control) Regulation 2008
Column 1 Column 2 Column 3 Column 4 Provision of Regulation Officer Penalty Penalty Clause 18 (1) 2, 5 $200 $400 Clause 19 (1) 3 $200 $400 Clause 21 (1) 3 $300 $600 Clause 21 (2) 3 $300 $600 Clause 23 1, 2, 5 $300 $600 Clause 24 (1) cause or permit use of noisy 1, 2, 5, 8 $300 $600 vehicle intruder alarm (for up to 4 hours)
Clause 24 (1) cause or permit use of noisy 1, 2, 5, 8 $600 $1,200 vehicle intruder alarm (for more than 4 hours
and up to 8 hours)
Clause 24 (1) cause or permit use of noisy 1, 2, 5, 8 $900 $1,800 vehicle intruder alarm (for more than 8 hours)
Clause 25 (1) 3 $300 $600 Clause 26 (5) 2, 5 $300 $600 Clause 27 (4) 2, 5 $300 $600 Clause 27 (5) 2, 5 $300 $600 Clause 29 1, 4, 5, 14 $300 $600 Clause 30 1, 4, 5, 14 $400 $800 Clause 32 (1) 4, 5, 14 $300 $600 Clause 32 (2) 4, 5, 14 $300 $600 Clause 33 1, 4, 5, 14 $300 $600 Clause 34 (5) 4, 5, 14 $400 $800 Clause 35 (4) 4, 5, 14 $400 $800 Clause 35 (5) 4, 5, 14 $400 $800 Clause 50 (1) 1, 5 $300 $600 Clause 51 (1) 1, 5 $300 $600 Clause 52 (1) 1, 5 $300 $600 Clause 53 (1) cause or permit use of noisy 1, 2, 5 $300 $600 building intruder alarm (for up to 4 hours)
Clause 53 (1) cause or permit use of noisy 1, 2, 5 $600 $1,200 building intruder alarm (for more than 4 hours
and up to 8 hours)
Clause 53 (1) cause or permit use of noisy 1, 2, 5 $900 $1,800 building intruder alarm (for more than 8 hours)
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