Protection of the Environment Operations (General) Regulation 1998 (NSW)
This Regulation is the Protection of the Environment Operations (General) Regulation 1998.
This Regulation commences on the commencement of the Act.
The Act commenced on 1.7.1999.
In this Regulation:
(a) in relation to air pollutants—the document entitled “Approved Methods for the Sampling and Analysis of Air Pollutants in New South Wales” prepared by the EPA and published in the Gazette, as in force from time to time, or
(b) in relation to water pollutants—the document entitled “Approved Methods for the Sampling and Analysis of Water Pollutants in New South Wales” prepared by the EPA and published in the Gazette, as in force from time to time.
Terms used in Schedule 1 to this Regulation that are defined in Schedule 1 to the Act have the same meanings as they have in Schedule 1 to the Act.
The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.
In this Part and Schedule 1:
In this Part, a reference to the EPA is a reference to the EPA in its capacity as the appropriate regulatory authority. If some other authority is the appropriate regulatory authority in respect of a particular activity, a reference to the EPA in relation to that activity is to be construed as a reference to that regulatory authority.
Section 6 of the Act provides that the EPA is the appropriate regulatory authority for the purposes of the Act, with certain exceptions. In respect of the matters to which this Part applies, the EPA is the appropriate regulatory authority unless some other regulatory authority is declared by the regulations to be the appropriate regulatory authority for the activity concerned. At the commencement of the Act, no other regulatory authority had been so declared by the regulations.
There are 2 types of fee unit for the purposes of this Part:
(a) an administrative fee unit, and
(b) a pollutant fee unit.
The amount of a fee unit is to be determined for any licence fee period in accordance with the following Table:
Table
Date when licence fee period for licence begins | Administrative fee unit amount | Pollutant fee unit amount |
1 July 1999 to 30 June 2000 | $50 | $0 |
1 July 2000 to 30 June 2001 | $95 | $24 |
1 July 2001 to 30 June 2002 | $95 | $29 |
1 July 2002 to 30 June 2006 | $95 | $35 |
1 July 2006 to 30 June 2007 | $95 | $36.75 |
1 July 2007 to 30 June 2008 | $100 | $36.75 |
1 July 2008 or subsequently | $100 | $38.61 |
For the purposes of subclause (2), the date on which the licence fee period begins in respect of an application for the issue of a licence is the date on which the application is made.
(Repealed)
For the purposes of this Part, the
The licence fee period is not affected by any transfer of the licence.
A licence fee period comes to an end if the licence ceases to be in force (but not if the licence is suspended).
In the case of a licence issued under a repealed Act (or provision) and continued in force at the commencement of the Act, the first licence fee period is the period of 12 months commencing on:
(a) the first anniversary, after the commencement of the Act, of the date of the issue of the licence, or
(b) if the licence was renewed, the first anniversary, after the commencement of the Act, of the date of last renewal of the licence before that commencement.
(Repealed)
The EPA may, by notice in writing given to the licensee, change the licence fee period for a licence applicable under clause 7 for the purpose of providing a common licence fee period for different licences held by the same person or for other good cause. Any such notice has effect according to its tenor.
The EPA may change a licence fee period on the application of the licensee or on its own initiative. The EPA may decline to deal with any such application unless the licensee pays to the EPA such reasonable fee as the EPA determines to cover the cost of dealing with the application.
If a licence fee period is changed under this clause, the total of the licence fees for the licence in respect of all the periods affected by the change is, despite anything to the contrary in this Regulation, to be the same as it would have been if the change had not been made. Accordingly, the EPA is to make any necessary refunds in respect of fees already paid or require the payment of any additional amount of fees for relevant periods.
This clause extends to an existing licence referred to in clause 7 (4).
This Part applies to the following 2 types of licence fees payable under the Act:
(a) fees required to accompany applications for the issue of licences, and
(b) annual licence fees to be paid by the holders of licences.
Section 53 (2) (c) of the Act provides for application fees for the issue of licences and section 57 of the Act provides for annual licence fees. See clause 48 for fee payable on application for transfer of licence.
As a first step, the fee for a licence is to be determined according to the activity carried out or proposed to be carried out by the holder of the licence. The classification of activities for the purpose of determining licence fees is found in Schedule 1.
For all licences there is payable:
(a) an administrative fee determined according to the activity carried out or proposed to be carried out by the holder of the licence in accordance with Division 3 and Schedule 1, and
(b) in respect of a licence relating to an activity listed in Schedule 1 for which one or more assessable pollutants are identified in that Schedule, a load-based fee determined in accordance with clause 23.
The licence fees prescribed for the purposes of the Act are as follows:
(a) in the case of the fee to accompany an application for the issue of a licence (section 53 (2) (c))—the relevant administrative fee for the licence,
(b) in the case of the annual licence fee payable by the holder of the licence (section 57 (1))—the relevant administrative fee for the licence and, if applicable, the additional component of the relevant load-based fee for the licence.
Despite subclause (1) (b), an administrative fee is not payable as part of the annual licence fee in respect of the first licence fee period of a licence first issued after the commencement of the Act.
Despite subclause (1) (b), a load-based fee is not payable for a supervisory licence referred to in section 87 of the Act.
The annual licence fee is payable, in respect of the administrative fee component, within 60 days after the beginning of the licence fee period and, in respect of the load-based fee component, within 60 days after the end of the licence fee period (see Division 6). An additional amount of annual licence fees is payable for special licences as a transitional measure (see Division 9).
The administrative fee for a licence is the number of administrative fee units for the activity authorised or controlled by the licence determined in accordance with this Division and Schedule 1.
If a licence relates to more than one of the activities listed in Schedule 1, the administrative fee payable is the higher or highest of the administrative fees for those activities determined in accordance with this Division and Schedule 1.
The EPA may refund the payment of all or any part of an administrative fee that accompanies an application for the issue of a licence if the EPA refuses the application. The EPA is to have regard to the administrative costs incurred by the EPA in connection with the application.
An application for any such refund may only be made within 90 days after the applicant is notified of the refusal of the application.
The EPA may extend the time for making an application for any such refund if it is satisfied there is good cause for doing so.
The EPA may refund the payment of all or any part of an administrative fee that is an annual licence fee if the EPA considers that it is appropriate to do so having regard to the administrative costs incurred by the EPA in connection with the licence.
Without limiting subclause (1), the EPA may make any such refund of the difference between the administrative fee paid and any lesser amount that would have been payable if the administrative fee had been calculated on the actual level of the activity during the licence fee period to which the fee relates.
An application for any such refund may only be made within 90 days after the end of the licence fee period to which the fee relates.
The EPA may extend the time for making an application for any such refund if it is satisfied there is good cause for doing so.
Without limiting the other provisions of this clause, on approval of an application under section 80 of the Act for surrender of a licence, the EPA may waive the payment of all or any part of an administrative fee that is an annual licence fee in respect of the licence concerned if the EPA considers it appropriate to do so having regard to the administrative costs incurred by the EPA in connection with the licence.
The object of this Division is to give effect to a Load-Based Licensing Scheme to provide continuing incentives that will encourage persons licensed under the Act to reduce pollution in a cost effective and timely manner.
The objects of the Scheme are as follows:
(a) to provide incentives to reduce emissions of pollutants based on the polluter pays principle and to apply them within an equitable framework,
(b) to give industry incentives for ongoing improvements in environmental performance and the adoption of cleaner technologies,
(c) to provide incentives that are complementary to existing regulation and education programs for environment protection.
There are three broad steps to calculating the load-based fee for a licence:
1 calculating the fee for each assessable pollutant, and
2 totalling those assessable pollutant fees, and
3 subtracting the amount of the correct administrative fee (payable under clause 29 after the beginning of the licence fee period).
The factors relevant to the determination of the load-based fee for a licence include the following:
(a) the kind of activity (determined in accordance with Schedule 1),
(b) the kinds of pollutants discharged (the assessable pollutants being those listed in Schedule 1),
(c) the assessable load of each assessable pollutant discharged (determined in accordance with clauses 17A (where relevant) and 18),
(d) the appropriate pollutant weightings (determined in accordance with clause 20),
(e) the appropriate pollutant critical zone weightings (determined in accordance with clause 21),
(f) the appropriate fee rate thresholds (determined in accordance with clause 22),
(g) the terms of any load reduction agreement entered into with the EPA by the applicant (under Division 5).
For the purposes of applying the provisions of this Part and Schedule 1 to the calculation of load-based fees, a licensee who discharges nitrogen oxides or VOCs from premises in the Sydney basin area during the summer period for the licensee’s licence must:
(a) treat the discharge as a separate and distinct discharge of an assessable pollutant from the discharge of such a pollutant during the whole of the licence fee period, and
(b) apply any weightings or fee rate threshold factors indicated by “nitrogen oxides (summer)” or “VOCs (summer)” instead of the weightings or threshold factors for calculations for the whole licence period that are indicated by “nitrogen oxides” or “VOCs” alone, and
(c) in addition to paragraphs (a) and (b)—include the discharge in calculating the discharge of such a pollutant during the whole of the licence fee period.
The above provisions effectively require a licensee to count any discharge of nitrogen oxides or VOCs from premises in the Sydney basin area during the summer period for the licence twice, once in its own right and then as part of the discharge for the whole licence fee period.
A licensee must calculate the actual load for each assessable pollutant discharged under the licensee’s licence during the licence fee period (whether or not the pollutant was discharged in accordance with the licence). For that purpose, the licensee must carry out all necessary monitoring and other steps to enable the calculation to be made for the relevant period.
In addition to the calculation required by subclause (1), a licensee must (if relevant to the licensee) also calculate the actual load for nitrogen oxides or VOCs discharged from premises in the Sydney basin area under the licensee’s licence (whether or not discharged in accordance with the licence) during the summer period for the licence. For that purpose, the licensee must carry out all necessary monitoring and other steps to enable the calculation required by this subclause to be made.
The actual load must be calculated using any of the methods provided in the load calculation protocol for the relevant activity issued by the EPA and in force. If there is no such protocol, the actual load for each assessable pollutant is taken to be zero.
For the purpose of this Division, the EPA may from time to time issue, or vary, load calculation protocols by notice published in the Gazette. Without limiting the matters that may be dealt with in a protocol, such a protocol may:
(a) set out the means for calculating actual loads and weighted loads, including by the use of monitoring programs, emission factors and other methods, and
Note— An emission factor may be used to estimate the level of emissions generated by an activity. The factor relates the level of emissions expected to be generated relative to another characteristic of the activity, such as user-specified control technologies or techniques or the area of land disturbed. For example, an emission factor for the discharge of phosphorous from a small sewage treatment plant where chemical dosing and tertiary filters are installed might be 1mg for every litre of wastewater treated.
(b) provide for load weighting measures, such as:
(i) ceasing or reducing discharges during particularly unfavourable conditions, and
(ii) reusing waste water (whether by the licensee or another person), and
(c) provide for a reduction in the actual load of a licensee:
(i) where any assessable pollutants are transferred, without being discharged, from the premises of a licensee to the premises of another person with the consent of the other person, or
(ii) where a licensee receives onto the licensee’s premises naturally occurring loads of assessable pollutants, and
(d) provide for any such reduction in the actual load of a licensee arising from the transfer of assessable pollutants to another person’s premises to be subject to arrangements for the payment by that other person to the EPA of the amount of any reduction in the load-based fee payable by the licensee as a result of the transfer,
(e) provide for a reduction in the actual load of a licensee by permitting a notional reduction of the amount of an assessable pollutant discharged in the relevant period by reference to a reduction in the discharge of that pollutant (elsewhere than at the premises where the activity is carried on) as a result of action taken by the licensee in connection with that activity.
An example of such a protocol could be the emission of VOCs by an oil refinery. In addition to action to reduce those emissions from the refinery, action can be taken to produce fuel that will emit less VOCs when in use off the premises of the refinery.
A protocol takes effect in relation to an activity from the date specified in the protocol and from that date any previous protocol in relation to the activity ceases to have effect.
A licensee who calculates a weighted load must use the methods provided in the load calculation protocol for the activity.
The assessable load to be used for the load-based fee calculation for each assessable pollutant is the least of the actual load or weighted load calculated in accordance with this clause or an agreed load calculated in accordance with Division 5 for that pollutant.
A copy of any protocol in force under this clause must be available for inspection and purchase by members of the public at the principal office of the EPA. The purchase price may be any reasonable amount that the EPA determines.
A licensee is, in relation to a licence fee period that begins during the period 1 July 1999 to 30 June 2000, required to make calculations (and carry out monitoring and other steps for calculations) under this clause with respect to the calculation of load based licensing fees for which a load based-fee would have been payable but for the prescription under clause 6 of a pollutant fee unit of $0.
If insufficient information is given to the EPA by a licensee to enable the EPA to confirm the correct amount of a load-based fee within 60 days after the final date for payment of the fee, the EPA may determine the amount of the load-based fee having regard to such information, if any, as is available to it.
The amount so determined is taken to be the correct amount of the fee unless the contrary is established by the person liable to pay the fee in any proceedings for the recovery of the fee or other relevant proceedings relating to the fee.
The pollutant weightings for air pollutants and water pollutants (as defined in the following Table) are the weightings (per unit mass) specified in the Table.
Table
Air pollutants | ||
Pollutant | Definition | Pollutant weighting |
Arsenic | Total arsenic calculated using the method prescribed in the Approved Methods Publication | 52,000 |
Benzene | Benzene | 740 |
Benzo[a]pyrene (equivalent) | Benzo[a]pyrene plus 0.1 times the mass of benzo[a]anthracene, benzo[b]fluoranthene, benzo[k]fluoranthene and ideno[1,2,3-c,d]pyrene plus 0.4 times the mass of dibenz[a,h]anthracene | 29,000 |
Coarse particulates | All solid particulates entrained in air but not including fine particulates as defined in this Table | 18 |
Fine particulates | The fraction of all solid particulates entrained in air with an aerodynamic diameter smaller than 10 micrometres | 125 |
Fluoride | Fluorine, hydrogen fluoride and all other inorganic fluoride compounds expressed as hydrogen fluoride equivalent | 84 |
Hydrogen sulfide | Hydrogen sulfide | 320 |
Lead | Total lead calculated using the method prescribed in the Approved Methods Publication | 11,000 |
Mercury | Total mercury calculated using the method prescribed in the Approved Methods Publication | 110,000 |
Nitrogen oxides and Nitrogen oxides (summer) | The sum of nitrogen oxide and nitrogen dioxide expressed as nitrogen dioxide equivalent | 9 |
Sulfur oxides | Sulfur dioxide and (where specified in the load calculation protocol for the activity or in the licence for the premises) sulfur trioxide and sulfuric acid mist | 2.2 |
VOCs and VOCs (summer) | Volatile compounds of hydrogen and carbon that may or may not contain other elements but not including methane or benzene | 6.6 |
Water pollutants | ||||
Pollutant | Definition | Pollutant weighting | ||
Open coastal waters | Estuarine waters | Enclosed waters | ||
Arsenic | Total arsenic calculated using the method prescribed in the Approved Methods Publication | 2,500 | 2,500 | 2,500 |
BOD5 | Biochemical oxygen demand calculated using the method prescribed in the Approved Methods Publication | 0 | 0.5 | 1 |
Cadmium | Total cadmium calculated using the method prescribed in the Approved Methods Publication | 67,000 | 67,000 | 67,000 |
Chromium | All trivalent chromium plus ten times hexavalent chromium, whether present in elemental form or contained in compounds or complexes | 840 | 4,200 | 4,200 |
Copper | Total copper calculated using the methods prescribed in the Approved Methods Publication | 1,700 | 1,700 | 1,700 |
Lead | Total lead calculated using the method prescribed in the Approved Methods Publication | 6,400 | 6,400 | 6,400 |
Mercury | Total mercury calculated using the method prescribed in the Approved Methods Publication | 180,000 | 180,000 | 180,000 |
Oil and grease | Oil and grease calculated using the method prescribed in the Approved Methods Publication | 13 | 30 | 74 |
Pesticides and PCBs | The sum of aldrin, chlordane, DDE, DDT, dieldrin, endosulphan (a,b), heptachlor, lindane, PCBs, chlorpyrifos, diazinon, malathion and parathion | 930,000 | 930,000 | 930,000 |
Salt The pollutant weighting for salt is zero where the salt is discharged into naturally salty surface waters with an electrical conductivity of more than 10,000 micro siemens per centimetre | Total dissolved solids calculated using the conductivity method prescribed in the Approved Methods Publication, or using a method provided in a load calculation protocol for the activity published by the EPA | 0 | 0 | 8.4 |
Selenium | Total selenium calculated using the methods prescribed in the Approved Methods Publication | 710 | 10,000 | 10,000 |
Total nitrogen | Total nitrogen calculated using the method prescribed in the Approved Methods Publication | 6 | 12 | 23 |
Total PAHs | The total of polyaromatic hydrocarbons | 3,800 | 3,800 | 3,800 |
Total phenolics | Total phenolic compounds calculated using the method prescribed in the Approved Methods Publication | 4,900 | 4,900 | 4,900 |
Total phosphorous | Total phosphorous calculated using the method prescribed in the Approved Methods Publication | 0 | 120 | 680 |
Total suspended solids | Non-filterable solids calculated using the method prescribed in the Approved Methods Publication | 9.5 | 9.5 | 78 |
Zinc | Total zinc calculated using the method prescribed in the Approved Methods Publication | 7 | 7 | 7 |
In this clause:
(a) that are ordinarily subject to tidal influence, and
(b) that have a mean tidal range greater than 800 mm (being the average difference between the mean high water mark and the mean low water mark, expressed in millimetres, over the course of a year).
The amendment to the Table to subclause (1) made by the Protection of the Environment Operations (General) Amendment (Pollutant Weightings) Regulation 2004 applies in relation to licence fee periods ending on or after 30 June 2004.
The pollutant critical zone weightings for air pollutants and water pollutants discharged into a critical zone set out opposite the pollutants in the following Table are the weightings specified in the Table.
Table
Critical zones for air pollutants | ||
Pollutant | Local government areas in zone | Weighting |
Nitrogen oxides and VOCs | Local government areas in the Sydney basin area, Blue Mountains City, Kiama, Shellharbour City and Wollongong City | 7 |
Nitrogen oxides (summer) and VOCs (summer) | Local government areas in the Sydney basin area | 28 |
Nitrogen oxides and VOCs | Cessnock, Gosford, Lake Macquarie, Maitland, Muswellbrook, Newcastle, Port Stephens, Singleton, Wollondilly, Wyong | 2 |
Critical zones for water pollutants | ||
Pollutant | Catchments in zone | Weighting |
Salt | Benanee, Bulloo River, Castlereagh, Condamine/Culgoa, Cooper Creek, Darling, Lachlan, Lake Bancannia, Lake Frome, Macquarie River, Moonie, Murray Riverina, Murray (Lower), Murray (Upper), Murrumbidgee, Paroo, Warrego | 3 |
Total phosphorous and total nitrogen | Benanee, Border Rivers, Bulloo River, Castlereagh, Condamine/Culgoa, Cooper Creek, Darling, Gwydir, Hawkesbury-Nepean, Lachlan, Lake Bancannia, Lake Frome, Macquarie River, Moonie, Murray Riverina, Murray (Lower), Murray (Upper), Murrumbidgee, Namoi, Paroo, Warrego | 3 |
The pollutant critical zone weighting for all pollutants other than those given a weighting by the Table is 1.
If a licence authorises or controls the discharge of pollutants into more than one critical zone, the critical zone weighting factor for those pollutants is the factor applicable to the zone into which the majority of the load is discharged. This subclause applies separately to air pollutants and to water pollutants.
The catchments referred to in the Table are the catchments as shown on the maps marked “Catchments of NSW displayed for the purpose of Load-Based Licensing” deposited in the office of the EPA.
The steps to be taken to determine the fee rate threshold for the licence fee period for each assessable pollutant for an activity are as follows:
• Step 1 Select the applicable fee rate threshold factor for the pollutant for the activity from Schedule 1.
Note— Fee rate threshold factors are expressed in units of kilograms of pollutants per the applicable unit of quantity of activity.
The discharge of nitrogen oxides or VOCs from premises in the Sydney basin area during the summer period for a licence is to be treated as a separate and distinct discharge of an assessable pollutant from the discharge during the whole licence fee period. See clause 17A.
• Step 2 Determine the actual quantity of activity during the licence fee period, calculated using the units of measure for the activity specified in respect of the activity in Schedule 1.
• Step 3 Multiply the fee rate threshold factor selected in Step 1 by the quantity of activity determined in Step 2.
If more than one classification in Schedule 1 applies, the fee rate threshold for each assessable pollutant is the sum of the fee rate thresholds for each applicable classification of activity calculated in accordance with this clause.
The steps to determine the load-based fee in relation to a licence are as follows:
• Step 1 Determine the classification or classifications of the activity.
Note— Refer to the activity classifications in Schedule 1.
• Step 2 Determine if there are any assessable pollutants for the activity classification. If more than one activity classification is applicable, the assessable pollutants are those applying to each classification.
Note— Refer to the list of assessable pollutants under each activity classification in Schedule 1. If there are no assessable pollutants, no load-based fee is payable in relation to the activity.
• Step 3 Determine the assessable load of each assessable pollutant. The assessable load is the least of the actual load or the weighted load (determined in accordance with clause 18) or the agreed load (determined in accordance with Division 5).
If more than one classification in Schedule 1 applies, the assessable load for each assessable pollutant is the sum of the assessable loads of that assessable pollutant for each applicable classification of activity calculated in accordance with this clause.
Note— The assessable load for the discharge of nitrogen oxides or VOCs from premises in the Sydney basin area during the summer period for a licence is to be calculated in addition to the assessable load for the discharge of such a pollutant during the whole licence fee period. See clauses 17A and 18 (1A).
• Step 4 Calculate the fee rate thresholds for each assessable pollutant.
Note— The method for calculating the fee rate thresholds is set out in clause 22.
• Step 5 Calculate the fee for each pollutant. The fee for each pollutant is calculated using one of the formulas shown below. If the assessable load determined in Step 3 is greater than the fee rate threshold calculated in Step 4, use Formula 1. In all other cases, use Formula 2.
Formula 1 Fee (if the assessable load is greater than the fee rate threshold) =
Formula 2 Fee (in all other cases) =
where:
AL = assessable load of the assessable pollutant discharged, expressed in kilograms (see Step 3 above).CZ = pollutant critical zone weighting for the assessable pollutant (see clause 21).FRT = the applicable fee rate threshold, expressed in kilograms (see Step 4 above).PFU = the amount equal to one pollutant fee unit specified in clause 6 for the assessable pollutant.PW = pollutant weighting for the assessable pollutant (see clause 20).• Step 6 Total the fees for each assessable pollutant.
• Step 7 Subtract the amount of the administrative fee (excluding the amount of any increase in the administrative fee as a penalty for the late payment of the fee).
Despite anything else in this clause, the amount of the load-based fee can never be negative.
A person who, in payment of a load-based fee, pays, because of an error in calculation of the assessable load, an amount that is greater than the load-based fee is entitled to a refund of the amount overpaid.
In this Division:
(a) the actual load that is reported to the EPA by a licensee for an assessable pollutant for a licence fee period (unless paragraph (b) applies), or
(b) if a weighted load is reported to the EPA by the licensee for the assessable pollutant for the licence fee period—the weighted load.
A licensee or applicant for a licence may, for the purpose of obtaining a reduction of the load-based fee payable for a licence, apply to the EPA to enter into a load reduction agreement with it.
An application for a load reduction agreement is to be in or to the effect of a form approved by the EPA.
The EPA may enter into or decline to enter into a load reduction agreement.
Without limiting the circumstances in which the EPA may decline to enter into a load reduction agreement, it may do so if:
(a) the agreement is unlikely to produce a fee reduction of $2,000 or more over the term of the agreement, or
(b) the licensee or applicant proposes to reduce its discharge at the end of the agreement only because the licensee or applicant proposes to close or reduce the scale of operations being conducted at that time.
The provisions of a load reduction agreement may be amended by consent between the person who has entered into the agreement (or, in the case of a licence that is transferred, the transferee) and the EPA.
The maximum term of a load reduction agreement is 4 years.
If a person who has entered into a load reduction agreement transfers the relevant licence, the transferee is, for the purposes of the agreement and this Regulation, taken to be a person who has entered into the agreement with the EPA.
A transferee may elect, on the transfer of the licence, to terminate the load reduction agreement and clauses 28, 28B and 28C apply to that termination.
A load reduction agreement must:
(a) specify the agreed load for an assessable pollutant for each licence fee period of the agreement, and
(b) specify the program proposed to be undertaken in order to attain the agreed load, and
(c) require the licensee to notify the EPA if the licensee becomes aware that it is likely that the licensee will not be able to attain the agreed load under the agreement, and
(d) set out the circumstances in which amounts are to be paid to the EPA on termination or expiry of the agreement, and
(e) provide that the agreement has no effect unless the licensee’s licence is subject to a condition that, on termination or expiration of the agreement, the total load that may be emitted in respect of a licence fee period for an assessable pollutant that was covered by the agreement is to be:
(i) the same as the agreed load under the agreement, if the reported load for the pollutant for the licence fee period immediately preceding the termination or expiration did not exceed the agreed load, or
(ii) an amount determined by the EPA, after consultation with the licensee, that is higher than the agreed load, if the reported load for that period exceeded the agreed load.
A load reduction agreement may require a financial assurance to be supplied by the licensee to secure obligations in the event of termination or expiration of the agreement and must, in any such case, provide for the following matters:
(a) the circumstances in which the EPA may make a claim on or realise the financial assurance or part of it,
(b) that the calling on and use of a financial assurance does not affect any liability of the licensee,
(c) the effect of failure to provide a financial assurance.
A financial assurance may be in one or more of the following forms:
(a) a bank guarantee,
(b) a bond,
(c) another form of security that the EPA considers appropriate and specifies in the load reduction agreement.
For the purposes of this Division, the reduction of a licence fee in relation to a licence fee period is the difference between the amount payable under the load reduction agreement in respect of an assessable pollutant and the amount that would have been payable for that licence fee period, but for the agreement.
If, at the end of the agreement, a licensee has closed its operations or has otherwise ceased to operate, the licensee:
(a) is taken to have failed to meet the agreed load, and
(b) must pay to the EPA the amounts of all reductions of licence fees under the agreement and the amount of simple interest on each amount calculated weekly at the rate of 20% per annum from the date on which the reduced amount was payable.
The licensee may terminate the load reduction agreement before the end of the term of the agreement in accordance with the agreement.
If a licence is surrendered by the licensee or suspended or revoked, any load reduction agreement relating to licence fees for the licence is taken to have been terminated by the licensee.
The EPA may terminate a load reduction agreement if:
(a) the EPA is of the opinion that the licensee is unlikely to attain the agreed load before the end of the agreement, or that the licensee is unlikely to meet the costs of repayment on termination or expiration of the agreement, or both, or
(b) the licensee fails to comply with a condition of the agreement.
A licensee that terminates a load reduction agreement, or whose agreement is terminated, is not liable to pay an amount on termination in respect of an assessable pollutant if the reported load for the immediately preceding licence fee period did not exceed the agreed load for the pollutant under the agreement.
A licensee that terminates a load reduction agreement, or whose agreement is terminated, must pay to the EPA the amounts calculated in accordance with clause 28B if the reported load for the immediately preceding licence fee period exceeded the agreed load for the pollutant under the agreement.
On the expiration of a load reduction agreement the licensee must pay to the EPA, in respect of an assessable pollutant covered by the agreement, the amounts required under this clause.
No amount is payable in respect of an assessable pollutant under this clause if the reported load for the immediately preceding licence fee period did not exceed the agreed load for the pollutant under the agreement.
If the reported load for the immediately preceding licence fee period exceeded the agreed load for the pollutant under the agreement, the licensee must pay to the EPA the amounts calculated in accordance with clause 28B.
The amounts payable on termination or expiration are as follows:
(a) for any licence fee period during the agreement in which the reported load exceeded the maximum load, the difference between the fee that would have been payable for that period if the load had been equal to the agreed load under the agreement and the fee that would have been payable if the load had been equal to the maximum load,
(b) for any licence fee period during the agreement in which the reported load for the pollutant did not exceed the maximum load, no amount is payable,
(c) the amount of simple interest on an amount payable under this subclause calculated at the rate of 20% per annum from the date that is 60 days after the end of each licence fee period.
In this clause:
An amount payable under clause 28 or 28A must be paid not later than 60 days after a written request for payment of the amount is given to the licensee by the EPA.
If the amount is not paid (or not fully paid) by the due date for its payment, the amount is to be increased by the amount of simple interest calculated at the rate of 5% per fortnight on the amount unpaid for each whole fortnight that elapses after the due date and before the date of payment.
The administrative fee for any licence fee period of a licence must be paid not later than 60 days after the beginning of that licence fee period.
This clause does not apply to an administrative fee that is required to accompany an application for the issue of a licence.
If an administrative fee is not paid (or not fully paid) by the due date for its payment, the administrative fee is to be increased by the amount of simple interest calculated at the rate of 5% per fortnight on the amount of the fee unpaid for each whole fortnight that elapses after the due date and before the date of payment.
Any such increased amount for an annual licence fee is prescribed as a penalty for the purposes of section 57 (4) of the Act.
This clause does not apply to an administrative fee that is required to accompany an application for the issue of a licence.
The load-based fee for any licence fee period must be paid within 60 days after the end of that licence fee period.
If a load-based fee is not paid (or not fully paid) by the due date for its payment, the load-based fee is to be increased by the amount of simple interest calculated at the rate of 5% per fortnight on the amount of the fee unpaid for each whole fortnight that elapses after the due date and before the date of payment.
Any such increased amount for an annual licence fee is prescribed as a penalty for the purposes of section 57 (4) of the Act.
The EPA may refund, or waive the payment of, the whole or any part of the amount of any increase of a load-based fee payable under this clause if satisfied that the licensee was unable to calculate and pay the fee by the due date because of circumstances beyond the control of the licensee. This subclause does not excuse the licensee from calculating and paying the load-based fee in respect of some of the pollutants concerned in so far as that calculation is not beyond the control of the licensee.
This Division applies if an activity changes to an activity of a different classification or scale under Schedule 1 during the licence fee period.
This clause does not confer authority on a licensee to alter the classification or scale of an activity.
The administrative fee for the licence is (if necessary) to be adjusted proportionately according to the parts of the licence fee period occurring before and after the change in the classification or scale of the activity.
No adjustment is to be made unless the resultant administrative fee is greater or less by at least $190 than the fee before adjustment.
Any additional amount of any fee already paid or due for payment is to be paid by the licensee to the EPA not later than 60 days after the change occurs.
Any reduction in the amount that is in excess of $190 is to be offset against any amount owed by the licensee to the EPA or otherwise refunded to the licensee by the EPA.
The provisions of Division 6 relating to the payment of interest on unpaid administrative fees applies to any additional amount of the fee under this clause.
The load-based fee for a licence is to comprise the sum of the load-based fee calculated for the part of the licence fee period occurring before the change in the classification or scale of the activity and the load-based fee calculated for the part of the licence fee period occurring after the change.
This Division applies to a scheme involving economic measures of the kind referred to in this Division that is developed and implemented by the EPA under Part 9.3 of the Act.
This Division has effect subject to the terms of that scheme.
This Division does not limit any other scheme that may be developed and implemented under Part 9.3 of the Act.
The EPA may, under a scheme, approve of licence fees payable under 2 or more licences (whether or not held by the same person) being calculated by aggregating the assessable pollutants discharged in the relevant periods.
The EPA may terminate any such scheme at any time, whether because of a failure by the licensees to pay the relevant fees or otherwise. In that case, the licence fees for the relevant licence fee period are to be re-calculated and become payable for that period as if the scheme had not been established.
This Division applies to special licences.
In this Division, a
(a) that was in force on the commencement of the Act, and
(b) for which the licence fee last payable before that commencement under the Pollution Control Act 1970 was more than $500,000.
Each annual licence fee payable by the holder of a special licence for a licence fee period commencing before 1 July 2003 is to include an additional amount set out in the Table to this clause in respect of any such year.
Any such additional amount of an annual licence fee must be paid not later than the date set out in the Table to this clause in respect of that additional amount.
Clause 30 (Penalty for late payment of administrative fee) applies to any such additional amount of an annual licence fee in the same way as it applies to the administrative fee for the licence.
Table
Period within which licence fee period commences | Amount of additional fee | Due date of additional fee |
1 July 2000 to 30 June 2001 | $3,850,000 | 1 June 2000 |
1 July 2001 to 30 June 2002 | $2,850,000 | 1 June 2001 |
1 July 2002 to 30 June 2003 | $2,000,000 | 1 June 2002 |
There is constituted by this Regulation a body corporate to be called the Load-Based Licensing Technical Review Panel.
The Review Panel is to have 7 members appointed by the Minister.
Of the members:
(a) 2 are to be employees of the EPA nominated by the Director-General of the EPA, and
(b) 5 are to be persons having appropriate scientific or technical qualifications or experience:
(i) 2 of whom are to be representatives of industry, and
(ii) one of whom is to be a representative of environment groups, and
(iii) one of whom is to be a representative of the Director-General of the EPA, who is nominated by that Director-General and who is not an employee of the EPA or a representative of industry, environment groups or local government, and
(iv) one of whom is to be a representative of local government.
The Review Panel is to advise the EPA concerning the current or desirable contents of such load calculation protocols as the EPA may refer to the Review Panel.
The Review Panel may also advise the EPA on such other matters in connection with licences as the EPA may refer to the Review Panel.
For the purpose of providing any such advice, the Review Panel may seek, receive and consider submissions from interested persons and may gather relevant information from any source.
Schedule 2 has effect.
Pursuant to section 47 (3) of the Act, the following is specified as scheduled development work for the purposes of the Act:
• Work at any premises at which scheduled activities of a class listed in Schedule 1 to the Act are carried on that is designed to enable scheduled activities of a different class not authorised by a licence to be carried on at the premises.
The prescribed period for the purposes of section 52 (1) (a) of the Act is 9 months except as otherwise provided by this clause.
In respect of any work or activity that is associated with the work or activity to which an existing licence (within the meaning of the Protection of the Environment Operations (Savings and Transitional) Regulation 1998) applies, the prescribed period for the purposes of 52 (1) (a) of the Act is:
(a) the period after the commencement of the Act and before a replacement licence takes effect under clause 10 of that Regulation (being a replacement licence that includes that associated work or activity), or
(b) 9 months,
whichever is the shorter period.
The prescribed period in relation to sterilisation activities is the period ending 28 July 2008.
Sterilisation activities became licensable on 28 April 2008 as a consequence of the replacement of Schedule 1 to the Act by the Protection of the Environment Operations Amendment (Scheduled Activities and Waste) Regulation 2008.
The prescribed period after the commencement of the amendment to Schedule 1 to the Act made by the State Revenue and Other Legislation Amendment (Budget Measures) Act 2008 (to the extent that the amendment makes it necessary for a person to be authorised by a licence to continue to carry out an activity of composting or waste disposal by application to land for which a licence was not previously required) is 6 months.
Section 52 (1) of the Act postpones the need for a licence that is required by the enactment or amendment or replacement of Schedule 1 to the Act (Schedule of EPA-licensed activities) in order for a person to continue to carry out any work or activity. The need for the licence is postponed until the end of the prescribed period after the requirement for a licence arises or until a licence application is determined, whichever is the later.
The EPA is not a determining authority within the meaning of Part 5 of the Environmental Planning and Assessment Act 1979 in respect of an approval (within the meaning of that Part) that consists of the issue of an environment protection licence referred to in section 52 (1) of the Protection of the Environment Operations Act 1997 so long as the licence authorises only the same or substantially the same work or activity, and level of work or activity, as was being carried out immediately before the application for the issue of the licence was made.
A statement provided by a regulatory authority under section 61 or 80 of the Act of the reasons for the grant or refusal of a licence application must set out the following matters (in addition to any other matters the authority considers appropriate):
(a) the significant environmental or other issues that the authority took into account in making its decision on the licence application,
(b) any significant environmental outcomes, standards or requirements (if relevant) that the authority considered applicable to the activity the subject of the application and that the authority took into account in making its decision on the application.
A statement of reasons may set out any of the above matters by reference to information set out in a document that is available to the person requesting the statement of reasons or that is otherwise publicly available.
Sections 61 and 80 of the Act require statements of reasons to be provided, on written request by any person, of the reasons for the grant or refusal of licence applications (namely, an application for the issue, transfer or variation of a licence or for the approval of the surrender of a licence).
A person who, in or in connection with a licence application or an application 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.
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.
For the purposes of section 54 (2) (c) of the Act, the fee to accompany an application for the transfer of a licence is $190.
See clause 11 for fee payable on application for issue of licence.
An application for the issue, transfer or variation of a licence, or for approval of the surrender a licence, may be refused by the appropriate regulatory authority:
(a) if any fee or other amount due and payable under the Act or this regulation in relation to the application or licence is unpaid, or
(b) if the applicant has previously defaulted in the payment of any such fee or other amount in respect of that or any other licence and the default continues.
This clause does not limit any other grounds on which the application may be refused.
Pursuant to section 83 (5) of the Act, the following repealed Acts, provisions of Acts and Regulations are declared to be
(a) Clean Air Act 1961,
(b) Clean Waters Act 1970,
(c) Environmental Offences and Penalties Act 1989,
(d) Noise Control Act 1975,
(e) Pollution Control Act 1970,
(f) the provisions of the Ozone Protection Act 1989 omitted by Schedule 4.14 to the Act,
(g) the provisions of the Waste Minimisation and Management Act 1995 omitted by Schedule 4.19 to the Act,
(h) regulations made under the above Acts or provisions.
Pursuant to section 83 (5) of the Act, the Pesticides Act 1978 and regulations made under that Act are declared to be
The amendments made to this Regulation by the Protection of the Environment Operations (General) Amendment (Licensing Fees) Regulation 2007 relating to the calculation of load-based fees (including the amendment made by Schedule 1 [3] to that Regulation) extend to the licence fee periods ending on or after 30 June 2007.
For the avoidance of doubt, any condition in a licence in force immediately before 30 June 2007 that provides for load limits with respect to the discharge during the reporting period of nitrogen oxides or VOCs from premises in the Sydney basin area is varied so that those load limits are to be read as including the discharge of any such pollutant (referred to in this Regulation as nitrogen oxides (summer) or VOCs (summer)) from premises in the Sydney basin area during the summer period for the licence.
If a person who makes a payment under this Chapter to the EPA does not identify the nature or purpose of the payment, the EPA may apply the payment towards any liability of the person under this Chapter in such manner as it thinks fit.
A licensee must retain all records used by the licensee to calculate the amount of a licence fee under Part 2.1 for a period of not less than 4 years from the date on which the fee was paid or payable, whichever is the later.
Maximum penalty:
(a) in the case of a corporation—200 penalty units,
(b) in the case of an individual—200 penalty units.
A licensee is liable to a penalty under subclause (1) in addition to the licence fee.
The matter described in Schedule 3 is prescribed as matter for the purposes of paragraph (c) of the definition of
The definition of
This clause applies where a person is required by or under the environment protection legislation, or a licence or notice under that legislation, to test for the presence or concentration of matter in any waters.
The methodology for testing for the presence or concentration in waters of any matter is to be:
(a) the methodology specified in the requirement for testing, or
(b) if no such methodology is specified, the methodology prescribed in the Approved Methods Publication in relation to that matter.
The procedural details of any such methodology may be varied by the person conducting the test so long as the person can establish that the variation is not such as can affect the results of the test.
This clause does not apply to a person who is acting in the administration or execution of the environment protection legislation.
Section 120 of the Act does not apply to a person who, from premises in Victoria, pollutes or causes or permits the pollution of the waters of the River Murray.
Subclause (1) applies only in relation to conduct that is authorised by a licence in force under the Environment Protection Act 1970 of Victoria.
The EPA may, by order in writing served on any such person, declare that the exemption arising under this clause no longer applies to the person in respect of pollution from those premises.
While such an order is in force, the exemption arising under this clause no longer applies to the person in respect of pollution from those premises.
Section 120 of the Act does not apply to the discharge of pollutants into a sewer.
The exemption arising under this clause does not apply:
(a) in the case of a sewer that is within the area of operations of a sewage authority, unless the discharge of the pollutants into the sewer has the approval of that authority, or
(b) in any other case, unless the discharge of the pollutants into the sewer has the lawful approval of the person having the ownership or control of the sewer.
In this clause,
(a) the Sydney Water Corporation Limited or the Hunter Water Corporation Limited, or
(b) a water supply authority constituted under the Water Supply Authorities Act 1987, being an authority exercising sewerage functions under that Act, or
(c) a council or county council exercising sewerage functions under Division 2 of Part 3 of Chapter 6 of the Local Government Act 1993.
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.
In this clause,
Section 120 of the Act does not apply to the operation of an engine propelling a vessel.
The exemption arising under this clause does not apply:
(a) if the engine is operated to dredge sediments, or
(b) if the engine has been modified to discharge bilge water as it operates, or
(c) if the engine has not been properly maintained so as to minimise pollution.
Section 120 of the Act does not apply to the release of water that is more than 2 degrees Celsius colder than the water into which it is discharged if the water is released from a water supply work pursuant to an approval under the Water Management Act 2000 that contains one or more conditions relating to the work of a type specified in section 100 (3) of that Act.
The purpose of this clause is to enable the EPA to prohibit or regulate aquatic activities that threaten the safety of drinking water that is part of a public water supply in circumstances in which urgent action is required and other regulatory authorities are not authorised or have not acted to protect the safety of that drinking water.
For that purpose, the EPA may, by order published in the Gazette, prohibit or regulate specified aquatic activities in a specified area of water.
An order under this clause has effect for such period (not exceeding 3 months) as is specified in the order, unless the order is sooner revoked by a further order of the EPA published in the Gazette.
The EPA is to take such measures as it considers appropriate to bring a notice under this clause to the attention of the public, including publication of the notice in newspapers circulating in the area and notices erected near the area of water concerned.
A person who contravenes an order under this section is guilty of an offence.
Maximum penalty: 5 penalty units.
In this section,
The object of this Chapter is to give effect to, and enforce compliance with, the National Environment Protection (National Pollutant Inventory) Measure made on 27 February 1998 under section 14 of the National Environment Protection Council Act 1994 of the Commonwealth.
In this Chapter:
The following words and expressions have the same meanings as they have in the NPIM:
This Chapter applies to an occupier of a reporting facility for whom an industry handbook:
(a) has been agreed between the participating jurisdictions referred to in the NIPM, and
(b) is published by the Commonwealth.
Subject to Part 3A.4, the occupier of each facility is to provide the EPA with the following information if a reporting threshold for a substance is exceeded in a reporting period:
(a) supporting data for the facility,
(b) substance identity information and emission data, determined and documented in accordance with clause 57F, for each substance for which the reporting threshold is exceeded in the period,
(c) any information that may be required to assess the integrity of the emission data,
(d) a statement, signed by the occupier or a person authorised by the occupier for that purpose, that the occupier has exercised due diligence in gathering and providing the information referred to in paragraphs (a)–(c).
An occupier:
(a) must provide the information referred to in subclause (1) to the EPA within 3 months after the end of the reporting period to which the information relates, and
(b) must not provide any information to the EPA that is false or misleading in a material particular.
Maximum penalty (subclause (2)): 40 penalty units (in the case of a corporation) or 20 penalty units (in the case of an individual).
The occupier of a reporting facility must keep the data used in deciding if the reporting threshold for a substance is exceeded in the reporting period for the occupier’s facility for 4 years after the reporting period ends.
Maximum penalty: 40 penalty units (in the case of a corporation) or 20 penalty units (in the case of an individual).
The occupier must keep the data used in calculating emission data given to the EPA for 4 years after the emission data is required to be given.
Maximum penalty: 40 penalty units (in the case of a corporation) or 20 penalty units (in the case of an individual).
In estimating emission data for the purposes of providing information under clause 57D, each occupier of a reporting facility must use one of the following estimation techniques:
(a) the estimation technique set out in the industry handbook for the facility,
(b) any of the methods provided in the load calculation protocol for the relevant activity issued by the EPA and in force, as referred to in clause 18 (2),
(c) another estimation technique approved by the EPA for the facility under this Part.
The occupier of a facility may apply to the EPA for approval of an estimation technique for emission data.
The application must be in writing, setting out the technique for which approval is sought and giving the information necessary to enable the EPA to decide the application.
The EPA may, by written notice given to the occupier, ask the occupier to give to the EPA, in the reasonable period stated in the notice, further relevant information to enable the EPA to decide the application.
The EPA may approve the estimation technique, or approve it subject to a modification decided by the EPA.
In deciding whether to approve the estimation technique, or approve it subject to a modification, the EPA must have regard to the accuracy of the technique compared with the accuracy of estimation techniques in the relevant industry handbook.
The EPA may refuse to approve the technique if the EPA has given the occupier a notice under clause 57G (3) asking for further information and the occupier does not comply with the request in the period stated in the notice.
Immediately after making a decision under this clause, the EPA must give the occupier written notice of the decision.
If the EPA decides to approve the technique subject to a modification, the notice must state the modification.
If the EPA refuses to approve the technique, or approves it subject to a modification, the notice must state that the approval is refused or given subject to a stated modification to the technique and the reasons for the refusal or modification.
Subclause (8) applies if the EPA fails to give the occupier a notice about the EPA’s decision on an application made by the occupier under clause 57G:
(a) within 60 days after the application is made, or
(b) if the occupier gave the EPA further information under clause 57G (3)—within 60 days after receiving the further information.
The EPA’s failure to give the notice is taken to be a decision by the EPA to refuse to approve the technique at the end of the relevant 60 days.
This clause applies if the occupier of a facility gives the EPA written evidence that:
(a) the occupier has made a claim to the Commonwealth under the NPIM that information required to be given by the occupier under clause 57D (2) (a) should be treated as confidential on the grounds of national security, and
(b) the claim:
(i) has been granted, or
(ii) has not been assessed before the occupier is required to give the information to the EPA.
Subject to subclause (3), the occupier is exempted from giving the information to the EPA.
If the exemption is given by reason of a claim referred to in subclause (1) (b) (ii) and the Commonwealth refuses the claim after the occupier is required to give the information to the EPA, the occupier must give the information to the EPA within 60 days after receiving notice of the Commonwealth’s decision to refuse the claim.
The occupier of a facility may, by written notice given to the EPA, claim information required to be given by the occupier under clause 57D (2) (a) should be treated as confidential on the grounds of commercial confidentiality.
The notice must contain the information necessary to enable the EPA to decide the claim.
The EPA may, by written notice given to the occupier, ask the occupier to give the EPA, in the reasonable period stated in the notice, further relevant information to enable the EPA to decide the claim.
The EPA may grant the claim only if the EPA reasonably believes that a document referring to the information would be an exempt document under clause 7 or 8 of Schedule 1 to the Freedom of Information Act 1989.
If the EPA grants the claim, the occupier is exempted from giving the information to the EPA.
The EPA may refuse to grant the claim if the EPA has given the occupier a notice under clause 57J (3) asking for further information and the occupier does not comply with the request in the period stated in the notice.
The EPA must give the occupier written notice of the EPA’s decision on the claim.
If the EPA refuses to grant the claim, the notice must state that the claim is refused and the reasons for the refusal.
Subclause (7) applies if the EPA fails to give the occupier a notice about the EPA’s decision on the claim:
(a) within 60 days after the claim is made, or
(b) if the occupier gave the EPA further information under clause 57J (3)—within 60 days after receiving the further information.
The EPA’s failure to give the notice is taken to be a decision by the EPA to refuse to grant the claim at the end of the relevant 60 days.
In this Chapter:
(a) bio-material obtained from:
(i) an authorised plantation within the meaning of the Plantations and Reafforestation Act 1999, or
(ii) an existing plantation within the meaning of 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) land on which ancillary plantation operations (within the meaning of section 9 of the Plantations and Reafforestation Act 1999) are being carried out, or
(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.
The 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.
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.
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) must send a copy of any such report, certified in accordance with the EPA guidelines, to the EPA.
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.
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.
This clause does not apply to an electricity generating plant in relation to any reporting period that commenced before 1 July 2003.
In this clause,
(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.
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.
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.
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.
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.
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.
For the purposes of section 142D of the Act:
Each green offset scheme, and each green offset work that is not part of a green offset scheme, must be evaluated in accordance with this clause.
An evaluation is to be carried out and reported on:
(a) in the case of a green offset scheme—at the intervals (not being greater than 5 years) determined by the EPA for the duration of the scheme and at the end of the scheme, and
(b) in the case of a green offset work that is not part of a green offset scheme—at the intervals determined by the EPA in respect of the work.
An evaluation is to be carried out and reported on by the EPA or by a manager of a green offset scheme or green offset work if directed to do so in accordance with subclause (4).
The EPA may, by notice in writing given to the manager of a green offset scheme or green offset work, direct that the manager do any of the following:
(a) provide the EPA with information relating to the effectiveness of the scheme or work,
(b) carry out and report on an evaluation required under this clause and provide a copy of the evaluation report to the EPA,
(c) amend any such evaluation report.
An evaluation report:
(a) must list the participants in the green offset scheme or green offset work, and
(b) must relate to the period since the commencement of the scheme or work or, if the scheme or work has been evaluated under this clause, since the last evaluation of the scheme or work, and
(c) must set out the environmental effects and benefits arising from the scheme or work, and
(d) in the case of a scheme, must contain any of the following matters that are relevant to the scheme:
(i) whether any applicable cap or target has been met,
(ii) particulars of the costs of and payments for the purposes of the scheme under Part 9.3B of the Act,
(iii) particulars of the implementation of any works for the purposes of the scheme, and
(e) in the case of a work that is not part of a scheme, must contain any of the following matters that are relevant to the work:
(i) particulars of the implementation of the work by or on behalf of the participants,
(ii) particulars of the costs of and payments for the purposes of the work under Part 9.3B of the Act, and
(f) must contain any other matters directed to be included by the EPA, and
(g) must be made publicly available in the manner determined by the EPA.
Nothing in this clause requires or permits the EPA or the manager of a green offset scheme or green offset work to make publicly available any information of a kind referred to in section 319 (1) of the Act.
For the purposes of section 280 (5) of the Act, the prescribed form of record to be made by a Magistrate when a warrant is granted is Form 1 in Schedule 4.
For the purposes of section 280 (10) of the Act, the prescribed form of record to be made by a police officer when a warrant is granted is Form 2 in Schedule 4.
For the purposes of section 280 (11) (a) of the Act, the prescribed statement to be furnished to a resident of premises entered pursuant to a warrant is Form 3 in Schedule 4.
For the purposes of section 290 of the Act, the period within which a person may appeal to the Land and Environment Court against a noise control notice relating to the keeping of an animal at premises is 7 days (instead of 21 days) after service of the notice.
The fee payable under section 94 (2) of the Act to a regulatory authority by a person who is given a clean-up notice by that authority is $320.
Section 94 of the Act provides that the fee is payable within 30 days. Application may be made under that section to the authority for an extension of time to pay the fee or for the waiving of payment of the fee. A failure to pay the fee within the requisite time constitutes an offence.
The fee payable under section 100 (2) of the Act to a regulatory authority by a person who is given a prevention notice by that authority is $320.
Section 100 of the Act provides that the fee is payable within 30 days (subject to appeal proceedings). Application may be made under that section to the authority for an extension of time to pay the fee or for the waiving of payment of the fee. A failure to pay the fee within the requisite time constitutes an offence.
The fee payable under section 267A (2) of the Act to a regulatory authority by a person who is given a noise control notice is $320.
BOD | 5.55 |
Salt | 3.0 |
Suspended solids | 8.35 |
Total nitrogen | 0.1 |
Total phosphorous | 0.001 |
Zinc | 0.13 |
More than 5 but not more than 100 tonnes | 8 |
More than 100 tonnes | 16 |
PETROLEUM AND FUEL PRODUCTION | |
Not more than 10,000 tonnes | 25 |
More than 10,000 but not more than 200,000 tonnes | 65 |
More than 200,000 but not more than 500,000 tonnes | 165 |
More than 500,000 tonnes | 660 |
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 |
BOD | 0.14 |
Oil and grease | 0.12 |
Suspended solids | 0.36 |
Total PAHs | 0.07 |
Total phenolics | 0.27 |
Not more than 10,000 tonnes | 25 |
More than 10,000 but not more than 200,000 tonnes | 65 |
More than 200,000 but not more than 500,000 tonnes | 165 |
More than 500,000 tonnes | 660 |
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 |
BOD | 0.14 |
Oil and grease | 0.12 |
Suspended solids | 0.36 |
Total PAHs | 0.07 |
Total phenolics | 0.27 |
Not more than 10,000 tonnes | 25 |
More than 10,000 but not more than 200,000 tonnes | 65 |
More than 200,000 but not more than 500,000 tonnes | 165 |
More than 500,000 tonnes | 660 |
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 |
BOD | 0.14 |
Oil and grease | 0.12 |
Suspended solids | 0.36 |
Total PAHs | 0.07 |
Total phenolics | 0.27 |
PRINTING, PACKAGING AND VISUAL COMMUNICATIONS | |
More than 5 but not more than 100 tonnes | 8 |
More than 100 tonnes | 16 |
RAILWAY SYSTEMS ACTIVITIES | |
Any capacity | 50 |
RESOURCE RECOVERY | |
General waste | 16 |
Hazardous and other waste | 32 |
Not more than 1,000 tonnes | 25 |
More than 1,000 tonnes | 65 |
Lead | 0.2 |
VOCs and VOCs (summer) | 0.05 |
Oil and grease | 4.8 |
Waste tyres | 12 |
ROAD CONSTRUCTION | |
Not more than 10 kilometres | 50 |
More than 10 but not more than 30 kilometres | 135 |
More than 30 kilometres | 335 |
SEWAGE TREATMENT | |
Not more than 20 megalitres | 5 |
More than 20 but not more than 100 megalitres | 8 |
More than 100 but not more than 1,000 megalitres | 25 |
More than 1,000 but not more than 5,000 megalitres | 65 |
More than 5,000 but not more than 10,000 megalitres | 165 |
More than 10,000 but not more than 20,000 megalitres | 300 |
More than 20,000 but not more than 30,000 megalitres | 420 |
More than 30,000 megalitres | 2,650 |
Nil | Not applicable |
BOD | 10 |
Oil and grease | 2 |
Total nitrogen | 10 |
Total phosphorous | 0.3 |
Suspended solids | 15 |
Nil | Not applicable |
BOD | 10 |
Cadmium | 0.00005 |
Chromium | 0.0025 |
Copper | 0.01 |
Lead | 0.0005 |
Mercury | 0.00005 |
Oil and grease | 2 |
Selenium | 0.0025 |
Suspended solids | 15 |
Total nitrogen | 10 |
Pesticides and PCBs | 0.00012 |
Total phosphorous | 0.3 |
Zinc | 0.012 |
SHIPPING IN BULK | |
Not more than 100,000 tonnes | 15 |
More than 100,000 but not more than 500,000 tonnes | 50 |
More than 500,000 tonnes | 135 |
STERILISATION ACTIVITIES | |
Any capacity | 32 |
WASTE DISPOSAL (APPLICATION TO LAND) | |
Any capacity | 32 |
WASTE DISPOSAL (THERMAL TREATMENT) | |
Any capacity | 65 |
Arsenic | 0.00005 |
Benzene | 0.0000011 |
Benzo(a)pyrene | 0.00002 |
Fine particulates | 0.7 |
Lead | 0.035 |
Mercury | 0.003 |
Nitrogen oxides and nitrogen oxides (summer) | 2.5 |
Sulfur oxides | 0.07 |
Nil | Not applicable |
Any capacity | 65 |
Arsenic | 0.00005 |
Benzene | 0.0000011 |
Benzo(a)pyrene | 0.00002 |
Fine particulates | 0.7 |
Lead | 0.035 |
Mercury | 0.003 |
Nitrogen oxides and nitrogen oxides (summer) | 2.5 |
Sulfur oxides | 0.07 |
Nil | Not applicable |
WASTE PROCESSING (NON-THERMAL TREATMENT) | |
General waste | 16 |
Hazardous and other waste | 32 |
Waste tyres | 12 |
WASTE STORAGE | |
Hazardous waste, restricted solid waste, liquid waste, clinical and related waste and asbestos waste | 32 |
Waste tyres | 12 |
Other types of waste | 16 |
WOOD OR TIMBER MILLING OR PROCESSING | |
Not more than 50,000 cubic metres | 5 |
More than 50,000 but not more than 100,000 cubic metres | 15 |
More than 100,000 but not more than 200,000 cubic metres | 50 |
More than 200,000 cubic metres | 135 |
WOOD PRESERVATION | |
Not more than 10,000 cubic metres | 15 |
More than 10,000 but not more than 30,000 cubic metres | 50 |
More than 30,000 cubic metres | 135 |
MOBILE PLANT ACTIVITIES | |
Any capacity | 5 |
MOBILE WASTE PROCESSING | |
Any capacity | 32 |
TRANSPORT OF WASTE | |
Any capacity | 4 |
Any capacity | 4 |
MISCELLANEOUS WATER ACTIVITIES | |
Not more than 3 megalitres | 5 |
More than 3 but not more than 15 megalitres | 15 |
More than 15 but not more than 150 megalitres | 50 |
More than 150 megalitres | 135 |
Not more than 20 megalitres | 5 |
More than 20 but not more than 100 megalitres | 15 |
More than 100 but not more than 1,000 megalitres | 50 |
More than 1,000 megalitres | 135 |
OTHER ACTIVITIES NOT OTHERWISE LISTED | |
Any capacity | 5 |
(Clause 43)
One of the members of the Review Panel is to be appointed by the Minister as Chairperson of the Review Panel. The appointment may be made at the time the person is appointed as a member or after that appointment.
A person vacates the office of Chairperson if the person:
(a) ceases to be a member, or
(b) resigns that office by instrument in writing addressed to the Minister, or
(c) is removed from that office under this clause.
The Minister may at any time remove a person from the office of Chairperson.
The Minister may, from time to time, appoint a person to be the deputy of a member of the Review Panel, and the Minister may revoke any such appointment.
In the absence of a member, the member’s deputy:
(a) may, if available, act in the place of the member, and
(b) while so acting, has all the functions of the member and is to be taken to be a member.
The deputy of a member who is the Chairperson does not (because of this clause) have the member’s functions as Chairperson.
A person while acting in the place of a member is entitled to be paid such allowances as the Minister may from time to time determine in respect of the person.
Subject to this Schedule, a member of the Review Panel holds office for such period (not exceeding 3 years) as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
A member of the Review Panel is entitled to be paid such allowances as the Minister from time to time determines in respect of the member.
The office of a member of the Review Panel becomes vacant if the member:
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the Minister, or
(d) is removed from office under this clause, or
(e) is absent from 4 consecutive meetings of the Review Panel of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Review Panel or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Review Panel for having been absent from those meetings, or
(f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence that is punishable by penal servitude or imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.
The Minister may remove a member from office at any time.
If the office of a member of the Review Panel becomes vacant, a person may, subject to this Regulation, be appointed to fill the vacancy.
If:
(a) a member of the Review Panel has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Review Panel, and
(b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,
the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Review Panel.
A disclosure by a member at a meeting of the Review Panel that the member:
(a) is a member, or is in the employment, of a specified company or other body, or
(b) is a partner, or is in the employment, of a specified person, or
(c) has some other specified interest relating to a specified company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person that may arise after the date of the disclosure and that is required to be disclosed under subclause (1).
Particulars of any disclosure made under this clause must be recorded by the Review Panel in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee (if any) determined by the Review Panel.
After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Review Panel otherwise determines:
(a) be present during any deliberation of the Review Panel with respect to the matter, or
(b) take part in any decision of the Review Panel with respect to the matter.
For the purpose of the making of a determination by the Review Panel under subclause (4), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:
(a) be present during any deliberation of the Review Panel for the purpose of making the determination, or
(b) take part in the making by the Review Panel of the determination.
A contravention of this clause does not invalidate any decision of the Review Panel.
The procedure for the calling of meetings of the Review Panel and for the conduct of business at those meetings is, subject to this Regulation and to any direction of the Minister, to be as determined by the Review Panel.
The quorum for a meeting of the Review Panel is a majority of the members for the time being of the Review Panel.
The Chairperson of the Review Panel or, in the absence of the Chairperson, another member elected to chair the meeting by the members present is to preside at a meeting of the Review Panel.
The person presiding at any meeting of the Review Panel has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
A decision supported by a majority of the votes cast at a meeting of the Review Panel at which a quorum is present is the decision of the Review Panel.
The Review Panel is required to keep minutes of proceedings at its meetings.
(Clause 52)
Any animal matter of any description, including (but not limited to) carcasses of animals, parts or remains of animals, offal, flesh and bones.
Any plant matter of any description, including (but not limited to) vegetable or fruit wastes, leaves, grass, trees, wood, sawdust, shavings, chips, bark or other forest products or refuse.
Any ashes, soil, earth, mud, stones, sand, clay or similar inorganic matter.
Any washings or spoil from any mineral processing or extractive operation, from any dredging operation or from any other industrial, agricultural or commercial activity.
Any ballast.
Any excreta, manure or urine, or any waste from an on-site human waste storage facility or treatment device.
Any matter of an infectious nature.
Any scrap metal, glass, junk, paper, plastic, rubbish, vehicle or vehicle tyres, any industrial waste and any refuse of any other description.
Any oil, grease or flammable liquid of any description.
Any thermal waste (being any liquid which, after being used in or in connection with any activity, is more than 2 degrees Celsius hotter or colder than the water into which it is discharged).
Any matter that causes biochemical oxygen demand.
Any matter that causes chemical oxygen demand.
Any liquid that contains suspended or dissolved solids.
Any gas other than oxygen.
Any methylene blue active substance.
Any matter that contains faecal coliform or faecal streptococci.
Any matter that has a pH value of less than 6.5 or more than 8.5.
Any pesticide (within the meaning of the Pesticides Act 1978).
Any poisonous substance of any description.
Any radioactive substance.
Any substance classified as dangerous goods under the Australian Code for the Transport of Dangerous Goods by Road and Rail.
Any substance listed in Schedule 10 to the Water Board (Corporatisation) Act 1994.
Any substance listed in the National Occupational publications entitled List of Designated Hazardous Substances published in March 1994 by the National Occupational Health and Safety Commission [NOHSC: 10005 (1994)].
Any chemical toxicant for which guidelines are prescribed by the publication entitled Australian Water Quality Guidelines for Fresh and Marine Waters published in November 1992 by the Australian and New Zealand Environment and Conservation Council.
Any of the following substances:
• arsenic, barium, boron, cadmium, chloride, chromium (hexavalent), copper, cyanide, fluoride, iron (dissolved), lead, manganese (dissolved), mercury, selenium, silver, uranyl ion or zinc.
Any matter that contains any nitrogen, sulphur, phenolic or phosphorous compound.
Any matter that contains matter referred to above.
(Clause 58)
(Section 280)
On at am/pm, I, the undersigned Magistrate, received a complaint alleging that the complainant had been denied entry to premises at
The complaint was made in person*/by telephone*.
The complaint was made by , a police officer stationed at
The complainant caused the complaint to be transmitted to me by , a police officer stationed at *
Further details of the complaint are set out on the other side of this page.
The complainant stated their belief that:
• offensive noise was being emitted from the premises*
• offensive noise had, within the 7 days preceding the complaint, been emitted from the premises*.
The police officer requested the grant of a warrant because the officer believed it was necessary to enter the premises immediately in order:
• to give a noise abatement direction in relation to offensive noise emitted from the premises*
• to investigate whether a noise abatement direction has been contravened*.
After considering the complaint I was satisfied that there were reasonable grounds for that belief.
The grounds on which I relied to justify my finding that there were reasonable grounds for that belief are as follows:
I have granted my warrant authorising and requiring the complainant to enter the premises and:
• to give a noise abatement direction*
• to investigate whether a noise abatement direction has been contravened*.
The warrant was granted on at am/pm
( |
* Delete if inapplicable.
Names of persons involved (if known):
Location of premises:
Name of civilian informant (if known):
The complainant police officer believed that:
(a) offensive noise was being emitted from the premises*
(b) offensive noise had, within the past 7 days, been emitted from the premises*.
* Delete if inapplicable.
Other information obtained by complainant police officer:
(a) Personal observations by police (e.g. noise from the house is being emitted, type of noise, etc):
(b) Civilian informant’s information (indications that noise has recently been emitted):
(c) Any other information cited as grounds for the belief of the complainant by reason of which the warrant was requested and granted:
The officer had been denied entry to the premises, details of which (including anything said or done) are:
(Section 280)
A warrant has been granted to enter premises at
The warrant was granted on the basis of a complaint made by a police officer stationed at police station.
The warrant was granted at am/pm on
The warrant was granted by a Magistrate of the Local Court.
The warrant was granted subject to the following additional terms: *
* Delete if inapplicable.
(Section 280)
A warrant has been granted by a Magistrate.
The warrant gives the authority and power to police to enter premises and:
(a) to give a noise abatement direction (which is a direction under the Protection of the Environment Operations Act 1997 to cause the emission of offensive noise to stop or to stop making or contributing to offensive noise), or
(b) to investigate whether a noise abatement direction has been breached.
A member of the police force has made a complaint to a Magistrate that the police officer was denied entry to the premises and that the member of the police force believed:
(a) that offensive noise was being emitted from the premises (or that offensive noise had been emitted within the previous 7 days), and
(b) that it was necessary for a police officer to enter the premises immediately in order to give a noise abatement direction in relation to offensive noise emitted from the premises or to investigate whether a noise abatement direction has been contravened.
The Magistrate was satisfied that there were reasonable grounds for that belief.
The police officer who was the complainant should have prepared a form containing details of:
(a) the address of the premises the subject of the warrant, and
(b) the name of the Magistrate who granted the warrant, and
(c) the name of the police officer, and
(d) the time at which the warrant was granted.
You should have been given that form by the police officer who entered the premises
The warrant must be executed as soon as practicable after the time it is granted.
The warrant must be executed within 24 hours after the time it was granted.
The warrant may be executed at any time during the day or night.
The police may use such force as is necessary for the purpose of entering any premises.
This may include breaking open any door.
Any force used must be reasonably necessary.
Only functions and powers authorised under the warrant or by the Act authorising the issue of the warrant may be performed.
The police officer is not authorised to stay on your premises any longer than is necessary.
(Clause 20)
Open coastal waters for the purposes of clause 20 are ocean waters east of the natural coast line of New South Wales, defined as follows:
(1) The natural coast line is defined by a line drawn along the high water mark of the sea.
(2) Where an estuary meets the coast, the natural coast line is defined as follows (unless paragraph (3) applies):
(a) if an estuary has two break walls at the confluence with the South Pacific Ocean, by a line drawn across the easternmost extremity of both break walls,
(b) if an estuary has only one break wall, by a line drawn from the easternmost extremity of the break wall to the northern or southern extremity of the high water mark on the opposite bank,
(c) if an estuary enters the South Pacific Ocean and there are no defined points available, by a line drawn across the entrance between the easternmost extremity of the drying points on each bank.
(3) In relation to the following waters, the natural coast line is defined as follows:
(a) Port Stephens—by a line drawn between the southern extremity of Yacaaba Point to the northern extremity of Tomaree Point,
(b) Broken Bay—by a line drawn from the southern extremity of Box Head to the northern extremity of Barrenjoey Head,
(c) Port Jackson—by a line drawn from the southern extremity of North Head to the northern extremity of South Head,
(d) Botany Bay—by a line drawn from Endeavour Light to the northern extremity of Sutherland Point,
(e) Port Hacking—by a line drawn from the southernmost extremity of Hungry Point to the northernmost extremity of Cabbage Tree or Pulpit Point,
(f) Jervis Bay—by a line drawn from the southeastern point of Point Perpendicular to the southeastern point of Bowen Island thence to the northeastern point of Governor Head,
(g) Wogonga River—by a line drawn northwest across the entrance from the northernmost extremity of Wogonga Head,
(h) Batemans Bay—by a line drawn from the southwestern extremity of Square Point to the northernmost extremity of Observation Point.
0
0
0