Protection of the Environment Operations (General) Regulation 2009 (NSW)
This Regulation is the Protection of the Environment Operations (General) Regulation 2009.
Except as provided by subclause (2), this Regulation commences on 30 June 2009 and is required to be published on the NSW legislation website.
Schedule 9 commences on 1 June 2012.
This Regulation replaces the Protection of the Environment Operations (General) Regulation 1998, the Protection of the Environment Operations (Penalty Notices) Regulation 2004 and the Protection of the Environment Operations (Savings and Transitional) Regulation 1998, which are repealed by clause 108.
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.
(a) is based on carbon chains or rings, and
(b) contains hydrogen, and
(c) has a vapour pressure greater than 2mm of mercury (0.27 kPa) at 25°C and 101.3 kPa,
and includes any such compound containing oxygen, nitrogen or other elements, but does not include methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides and carbonate salts.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
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.
Notes included in this Regulation do not form part of this Regulation.
In this Part and Schedule 1—
Each period of 12 months (commencing from the issue of a licence) is a
However, a licence fee period comes to an end if the licence ceases to be in force (but not if the licence is suspended).
A licence fee period is not affected by any transfer of the licence.
The EPA may, by notice in writing given to the licence holder, change a licence fee period for a licence to provide common licence fee periods for different licences held by the same person or for other good cause. The notice has effect according to its tenor.
The EPA may change a licence fee period on the application of the licence holder or on its own initiative. The EPA may decline to deal with an application unless the licence holder pays the EPA such reasonable fee as the EPA determines for 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, the same as it would have been if the change had not been made.
The EPA is, because of subclause (3), to make any refunds in respect of fees already paid or require payment of any additional amount of fees for relevant licence fee periods.
Any such additional amount is to be paid by the licence holder to the EPA not later than 60 days after notice is given of the change in licence fee periods under this clause.
The provisions of Division 5 relating to the payment of interest on unpaid fees applies to any such additional amount.
For the purposes of section 57(1) of the Act, the annual licence fee payable by a licence holder is payable in respect of each licence fee period for the licence and comprises—
(a) the administrative fee for the licence, and
(b) the load-based fee (if any) for the licence.
Despite subclause (1)—
(a) an administrative fee is only payable as part of the annual licence fee in respect of the second and subsequent licence fee periods for a licence, and
(b) the annual fee for a supervisory licence referred to in section 87 of the Act comprises only the administrative fee for the licence.
The administrative fee comprised in an annual licence fee is payable within 120 days after the beginning of the licence fee period to which it relates. The load-based fee comprised in an annual licence fee is payable within 120 days after the end of the licence fee period to which it relates. (See Division 5.)
For the purposes of section 53(2)(c) of the Act, the fee that must accompany an application for the issue of a licence is the administrative fee for the licence.
An administrative fee unit for a licence fee period that begins on a date in any of the following periods is the amount specified in respect of that period—
(a) before 1 July 2009—$100,
(b) on or after 1 July 2009 and before 1 July 2010—$105,
(c) on or after 1 July 2010 and before 1 July 2011—$108,
(d) on or after 1 July 2011 and before 1 July 2012—$110,
(e) on or after 1 July 2012 and before 1 July 2014—$113,
(f) on or after 1 July 2014 and before 1 July 2015—$119,
(g) on or after 1 July 2015 and before 1 July 2016—$122,
(h) on or after 1 July 2016 and before 1 July 2017—$125,
(i) on or after 1 July 2017 and before 1 July 2018—$129,
(j) on or after 1 July 2018 and before 1 July 2019—$133,
(k) on or after 1 July 2019 and before 1 July 2020—$136,
(l) on or after 1 July 2020 and before 1 July 2021—$139,
(m) on or after 1 July 2021 and before 1 July 2022—$143,
(n) on or after 1 July 2022 and before 1 July 2023—$146,
(o) on or after 1 July 2023—$150.
For the purposes of calculating the administrative fee that must accompany an application for the issue of a licence, the period during which the licence fee period begins is taken to be the date on which the application is made.
The steps to determine the administrative fee comprised in an annual licence fee are as follows—
• Step 1 (Calculation of administrative fee units) Multiply the amount of one administrative fee unit for the relevant licence fee period by—
(a) the number of administrative fee units specified in Schedule 1 for the activity authorised or controlled by the licence, or
(b) if the licence authorises or controls more than one activity, the greatest number of administrative fee units specified in Schedule 1 for any one of those activities.
• Step 2 (Determination of environmental management category) Determine the environmental management category for the licence holder in accordance with the environmental management calculation protocol.
• Step 3 (Calculation of administrative fee) Multiply the amount calculated in accordance with step 1 by the environmental management factor specified in Column 2 of the Table to this clause for the applicable environmental management category specified in Column 1 of that Table.
Steps 2 and 3 do not apply for the purpose of—
(a) calculating the administrative fee for a licence fee period that commences before 1 July 2016, or
(b) calculating the administrative fee for a licence relating to an activity that is declared by clause 48 of Schedule 1 to the Act to be a scheduled activity, or
(c) calculating the administrative fee that is to accompany an application for a licence relating to premises, if the applicant has not previously held a licence relating to those premises.
Table
Column 1 | Column 2 |
Environmental management category | Environmental management factor |
A | 0.95 |
B | 1.0 |
C | 1.3 |
D | 1.6 |
E | 2.0 |
For the purpose of this Division, the EPA is to issue (and may from time to time vary) a protocol to be applied in the determination of environmental management categories for licence holders (an
An environmental management calculation protocol is to provide for the determination of environmental management categories by reference to such matters relating to the licence holder’s performance in managing environmental risks as may be specified in the protocol.
An environmental management calculation protocol takes effect from the date specified in the protocol and from that date any previous protocol ceases to have effect.
Any environmental management calculation protocol in force under this clause must be made available on the EPA’s website.
If insufficient information is given to the EPA by a licence holder for the EPA to determine the correct environmental management category for the licence holder within 60 days after the beginning of the relevant licence fee period, the EPA may determine the environmental management category (and the resulting amount of the administrative fee) having regard to such information, if any, as is available to it.
A licence holder is required to report this information to the EPA in the annual return, required to be furnished as a condition of the licence, in relation to the licence holder’s performance in managing environmental risks during a licence fee period.
The amount of the administrative fee so determined is taken to be the correct fee amount unless the contrary is established by the person who is liable to pay the fee in any proceedings for the recovery of the fee or other proceedings relating to the fee.
This clause applies if, at any time during a licence fee period, the EPA receives from the licence holder information that would have resulted in the determination of a different environmental management category for the licence holder had the information been received before the determination was made.
The EPA may redetermine the environmental management category for the licence holder on the basis of the information provided.
The administrative fee for the licence fee period is to be adjusted according to the redetermined environmental management category and the adjusted fee (and redetermined category) is to be notified to the licence holder in accordance with section 57(3) of the Act.
Any additional amount of any fee adjusted under this clause is to be paid by the licence holder to the EPA not later than 60 days after the environmental management category is redetermined.
The provisions of Division 5 relating to the payment of interest on unpaid administrative fees apply to any additional amount of any fee adjusted under this clause.
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 or the application is withdrawn.
The EPA may grant a refund on its own initiative or if a request is made by the applicant within 90 days after the applicant is notified of the refusal or the EPA is notified of the withdrawal, as the case may be.
The EPA is not to consider a request for a refund made after the time specified in subclause (2) unless the EPA is satisfied that there are exceptional circumstances that justify it doing so.
In considering whether to refund all or part of a fee, the EPA is to have regard to the administrative costs incurred by the EPA in connection with the application.
The EPA may do any one or more of the following if it considers that it is appropriate to do so—
(a) refund the payment of all or any part of an administrative fee comprised in an annual licence fee,
(b) refund 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,
(b1) refund the difference between the administrative fee paid and any lesser amount payable as a result of an adjustment under clause 10C,
(c) on approval of an application under section 80 of the Act for surrender of a licence, waive the payment of all or any part of an administrative fee comprised in an annual licence fee for the licence concerned.
The EPA may grant a refund, or waive payment under subclause (1) on its own initiative or if requested by the licence holder within 90 days after the end of the licence fee period to which the fee relates.
The EPA is not to consider a request for a refund made after the time specified in subclause (2) unless the EPA is satisfied that there are exceptional circumstances that justify it doing so.
In considering whether to refund or waive all or part of an administrative fee, the EPA is to have regard to the administrative costs incurred by the EPA in connection with the licence.
The objects of the load-based licensing scheme are as follows—
(a) to provide incentives to reduce the load of pollutants emitted based on the polluter pays principle and to do so within an equitable framework,
(b) to reduce pollution (in particular, assessable pollutants) in a cost effective and timely manner,
(c) to give industry incentives for ongoing improvements in environmental performance and the adoption of cleaner technologies,
(d) to provide incentives that are complementary to existing regulation and education programs for environment protection.
There is no load-based fee payable as part of the annual fee for a licence if Schedule 1 specifies, in relation to each activity controlled or authorised by the licence, that there is no load-based fee for the activity.
To calculate the actual load of an assessable pollutant, the licence holder must use one of the methods provided for the activity in a load calculation protocol.
If there is no such protocol, or if no method is provided for the activity, the licence holder must take the actual load for each assessable pollutant to be zero.
A licence holder must, for each assessable pollutant for each activity controlled or authorised by the licence, calculate and record the actual load of the pollutant discharged as a result of the carrying out of the activity.
A licence holder must also calculate and record the actual load for nitrogen oxides and VOCs discharged in the Sydney basin area, during the summer period of each licence fee period, for each activity controlled or authorised by the licence, but only if the particular pollutant is an assessable pollutant in relation to the activity.
Subclauses (3) and (4) apply whether or not the pollutants referred to in those subclauses were discharged in accordance with the licence and whether or not the licence holder intends to use a weighted load or an agreed load for the purposes of calculating the load-based fee in respect of the licence.
The licence holder must carry out all necessary monitoring and other steps to enable the calculations of actual loads required by this clause to be made for each licence fee period and for each summer period (as the case may be).
The steps to determine any load-based fee comprised in an annual licence fee for a licence are as follows—
• Step 1 Refer to Schedule 1 to determine the classification or classifications of the activity authorised or controlled by the licence during the relevant licence fee period and the assessable pollutants specified in relation to each such classification.
• Step 2 Determine the assessable load of each assessable pollutant discharged during the relevant licence fee period.
• Step 3 Calculate the fee rate thresholds for each assessable pollutant discharged during the licence fee period.
• Step 4 Calculate the fee for each assessable pollutant discharged during the licence fee period.
• Step 5 Total the fees for each assessable pollutant.
• Step 6 If nitrogen oxides or VOCs—
(i) are discharged in the Sydney basin area during the summer period of the licence fee period, and
(ii) are assessable pollutants for the classification or classifications of the activity concerned,
re-apply Steps 2–4 with respect to those pollutants and add the resulting amount to the amount calculated under Step 5.
Note— Any discharge of nitrogen oxides or VOCs in the Sydney basin area during the summer period of the licence fee period is to be counted twice. First, as part of the discharge for the whole licence fee period and then in its own right.
• Step 7 Subtract the amount of the administrative fee for the licence fee period (other than the amount of any increase in the administrative fee as a penalty for the late payment of the fee).
A load-based fee is taken to be zero, if the fee, when calculated in accordance with this Regulation, is less than zero.
For the purposes of calculating the load-based fee, the
(a) the actual load of the pollutant,
(b) the weighted load of the pollutant,
(c) if an agreed load under a load reduction agreement applies in respect of the pollutant, the agreed load of the pollutant.
If more than one classification in Schedule 1 applies to the activity, the assessable load of each assessable pollutant is the sum of the assessable loads of that assessable pollutant for each applicable classification.
To calculate the fee rate threshold for each assessable pollutant discharged during a licence fee period for a licence, multiply the applicable threshold factor for the pollutant from Schedule 1 by the quantity of activity during the licence fee period (using the units of measure specified in relation to the activity in Schedule 1).
For example, if ceramic production produced 20,000 tonnes of bricks, to calculate the fee rate threshold for fluoride, it would be necessary to multiply 0.12 (the threshold factor shown for that activity in Schedule 1) by 20,000 (as the units of measure for ceramic production shown in Schedule 1 is tonnes) giving a result of 2,400 kilograms.
If the activity has more than one classification in Schedule 1, the fee rate threshold for each assessable pollutant is the sum of the fee rate thresholds for each of those classifications.
To calculate the fee for each assessable pollutant discharged during the licence fee period—
(a) use the formula set out in subclause (2) (
Formula 1 ) if the assessable load is greater than the fee rate threshold, or(b) in any other case use the formula set out in subclause (3) (
Formula 2 ).
In formulae 1 and 2—
The pollutant critical zone weightings are as follows—
(a) for a pollutant shown in Column 1 of a Table in Part 1 of Schedule 2 that is discharged into a zone shown in Column 2 of the Table opposite the pollutant—the weighting specified in Column 3 of the Table opposite the pollutant,
(b) in all other circumstances—1.
If a licence authorises or controls the discharge of a pollutant into more than one critical zone, the critical zone weighting factor for the pollutant is the factor applicable to the zone into which the majority of the pollutant is discharged.
A pollutant fee unit for a licence fee period that begins on a date in any of the following periods is the amount specified in respect of that period—
(a) before 1 July 2009—$38.61,
(b) on or after 1 July 2009 and before 1 July 2010—$39.58,
(c) on or after 1 July 2010 and before 1 July 2011—$40.57,
(d) on or after 1 July 2011 and before 1 July 2012—$41.58,
(e) on or after 1 July 2012 and before 1 July 2014—$42.62,
(f) on or after 1 July 2014 and before 1 July 2015—$44.78,
(g) on or after 1 July 2015 and before 1 July 2016—$45.90,
(h) on or after 1 July 2016 and before 1 July 2017—$47.05,
(i) on or after 1 July 2017 and before 1 July 2018—$48.23,
(j) on or after 1 July 2018 and before 1 July 2019—$49.44,
(k) on or after 1 July 2019 and before 1 July 2020—$50.48,
(l) on or after 1 July 2020 and before 1 July 2021—$51.54,
(m) on or after 1 July 2021 and before 1 July 2022—$52.62,
(n) on or after 1 July 2022 and before 1 July 2023—$53.73,
(o) on or after 1 July 2023—$54.85.
The pollutant weightings for—
(a) an air pollutant shown in a Column 1 of Table 1 in Part 2 of Schedule 2 is the weighting specified opposite the pollutant in Column 3 of the Table, or
(b) a water pollutant shown in a Column 1 of Table 2 in Part 2 of Schedule 2 is the weighting specified opposite the pollutant in—
(i) Column 3 if the pollutant is discharged into enclosed waters, or
(ii) Column 4 if the pollutant is discharged into estuarine waters, or
(iii) Column 5 if the pollutant is discharged into open coastal waters.
In this clause and Schedule 2—
(a) that are ordinarily subject to tidal influence, and
(b) that have a mean tidal range greater than 0.8 metres (being the average difference between the mean high water mark and the mean low water mark over the course of a year).
For the purpose of any calculation required to be carried out under Step 6 of the load-based fee calculation—
(a) a reference to the quantity of activity during the licence fee period is to be read as a reference to the quantity of activity during the summer period of the licence fee period, and
(b) a reference to an assessable pollutant discharged during a licence fee period is to be read as a reference to nitrogen oxides or VOCs discharged during the summer period of the licence fee period, and
(c) the pollutant critical zone weightings for nitrogen oxides or VOCs discharged during that period is 28.
For the purpose of this Division, the EPA may from time to time issue or vary a protocol to be applied in the calculation of load-based fees (
Without limiting the matters that may be dealt with in a load calculation protocol, a load calculation protocol may do any of the following—
(a) set out the means for calculating actual loads and weighted loads, including by the use of monitoring programs, emission factors and other methods,
(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 licence holder or another person),
(c) provide for a reduction in the actual load of a licence holder, for the purpose of the calculation of load-based fees—
(i) where any assessable pollutants are transferred, without being discharged, from the licence holder’s premises to another person’s premises with the consent of the other person, or
(ii) where a licence holder receives onto the licence holder’s premises naturally occurring loads of assessable pollutants,
(d) provide for any reduction in the actual load of a licence holder, for the purpose of the calculation of a load-based fee, 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 licence holder as a result of the transfer,
(e) provide for a reduction in the actual load of a licence holder, for the purpose of the calculation of a load-based fee, by permitting a notional reduction of the amount of an assessable pollutant discharged in a licence fee 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 licence holder in connection with that activity.
Note— An example of such a reduction may relate to the emission of VOCs by a petroleum 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 and this could be taken into account for the purposes of the reduction.
A load calculation 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 copy of any load calculation 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.
If insufficient information is given to the EPA by a licence holder for the EPA to be able to confirm the correct amount of a load-based fee within 60 days after the end of the relevant licence fee period, the EPA may determine the amount of the load-based fee having regard to such information, if any, as is available to it.
A licence holder is required to report this information to the EPA in the annual return, required to be furnished as a condition of the licence, in relation to the discharge of assessable pollutants during a licence fee period.
The amount so determined is taken to be the correct fee amount unless the contrary is established by the person who is liable to pay the fee in any proceedings for the recovery of the fee or other proceedings relating to the fee.
This clause applies to a scheme involving economic measures of the kind referred to in this clause that is developed and implemented by the EPA under Part 9.3 of the Act.
The EPA may, under a scheme to which this clause applies, approve of load-based fees payable for 2 or more licences (whether or not held by the same person) being calculated by aggregating the assessable pollutants discharged in the licence fee periods concerned.
The EPA may terminate any such scheme at any time, whether because of a failure by the licence holders to pay the load-based fees or otherwise. If it does so, the load-based fees for the relevant licence fee periods are to be re-calculated and become payable for those periods as if the scheme had not been established.
This clause has effect subject to the terms of the scheme.
This clause does not limit any other scheme that may be developed and implemented under Part 9.3 of the Act.
If a person, in payment of a load-based fee, pays an amount that is greater than the load-based fee because of an error in calculation of an assessable load, the person is entitled to a refund of the amount overpaid.
The EPA may grant a refund on the application of the person who paid the fee or on its own initiative.
In this Division—
(a) the actual load of an assessable pollutant discharged during a licence fee period that is reported to the EPA by the licence holder in the annual return relating to that period, or
(b) if a weighted load of the assessable pollutant is reported to the EPA by the licence holder in the annual return—the weighted load.
The effect of a load reduction agreement is that the agreed load under the agreement may be treated (subject to this Division) as the assessable load of the pollutant to which the agreement applies for the purposes of calculating load-based fees for each of the licence fee periods covered by the agreement.
The maximum term of a load reduction agreement is 4 years.
A licence holder or applicant for a licence may apply for a load reduction agreement with the EPA in 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 load-based fee reduction of at least $2,000 over the term of the agreement, or
(b) the licence holder or applicant proposes to reduce the discharge under the licence by the end of the agreement only because the licence holder or applicant proposes to close or reduce the scale of operations being conducted at that time.
A load reduction agreement must—
(a) specify the agreed load of an assessable pollutant for the purposes of calculating the load-based fee for each licence fee period covered by the agreement, and
(b) specify the program proposed to be undertaken in order to attain the agreed load, and
(c) set out the circumstances in which amounts are to be paid to the EPA on termination or expiry of the agreement, and
(d) include conditions requiring—
(i) the licence holder to provide the EPA, with each annual return required under the licence, a report on progress towards attainment of the agreed load during the period to which the annual return relates, and
(ii) the licence holder to notify the EPA if the licence holder becomes aware that it is likely that the licence holder will not be able to attain the agreed load.
A load reduction agreement may also include a condition requiring the licence holder to supply a financial assurance to the EPA to secure obligations in the event of termination or expiration of the agreement.
Any such condition must 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 licence holder,
(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) any other form of security that the EPA considers appropriate and specifies in the load reduction agreement.
The provisions of a load reduction agreement may be amended only with the consent of both the EPA and the person who has entered into the agreement (or, in the case of a licence that is transferred, the transferee).
A load reduction agreement has no effect unless the licence holder’s licence is subject to a condition that, on termination or expiration of the agreement, the reported load of an assessable pollutant, to which the agreement applies, that may be emitted during licence fee periods subsequent to the final licence fee period covered by the agreement is not to exceed—
(a) 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
(b) an amount determined by the EPA, after consultation with the licence holder, that is higher than the agreed load if the reported load for that period exceeded the agreed load.
Before the end of the term of a load reduction agreement, the licence holder may terminate the agreement in accordance with the agreement.
If a licence is surrendered by the licence holder or suspended or revoked, the licence holder is taken to have terminated any load reduction agreement relating to licence fees for the licence.
If, prior to the expiration of a load-based agreement, the licence holder has closed its operations or has otherwise ceased to operate, the licence holder is taken to have terminated the agreement.
The EPA may terminate a load reduction agreement if—
(a) the EPA is of the opinion that the licence holder is unlikely to attain the agreed load before the end of the agreement, or that the licence holder is unlikely to meet the costs of repayment on termination or expiration of the agreement, or both, or
(b) the licence holder fails to comply with a condition of the agreement.
A licence holder who is party to a load reduction agreement that expires or is terminated—
(a) is not liable to pay an amount on expiry or 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, or
(b) must pay to the EPA the amounts calculated in accordance with this clause if the reported load for the immediately preceding licence fee period exceeded the agreed load for the pollutant under the agreement.
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 agreed 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 for that period but for the agreement,
(b) for any licence fee period during the agreement in which the reported load for the pollutant did not exceed the agreed 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 cent per annum from the date that is 60 days after the end of each licence fee period concerned.
Subclause (1) does not apply with respect to a load reduction agreement entered into before the commencement of this Regulation.
In relation to load reduction agreements entered into before the commencement of this Regulation, see clause 7 of Schedule 8.
An amount payable on termination or expiration of a load reduction agreement must be paid not later than 60 days after a notice requiring payment of the amount is given to the licence holder by the EPA.
If an 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 cent per fortnight on the amount unpaid for each whole fortnight that elapses after the due date and before the date of payment.
A person by whom an amount is payable on termination or expiration of a load reduction agreement may apply to the EPA for approval to pay the amount by instalments.
If the EPA grants approval, the amount is to be paid in such amounts and on such dates as the EPA specifies in the approval.
If an instalment is not paid (or not fully paid) by the due date for its payment, an amount of simple interest (calculated at the rate of 5 per cent per fortnight on the amount of the instalment unpaid for each whole fortnight that elapses after the due date and before the date of payment) is to paid in addition to the instalment.
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 this Division applies to that termination.
The administrative fee for any licence fee period of a licence must be paid not later than 120 days after the beginning of that licence fee period.
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 cent 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.
The amount of any such increase 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 120 days after the end of that period.
If a load-based fee is not paid (or not fully paid) by the due date for its payment, the load-based fee payable is increased by the amount of simple interest calculated at the rate of 5 per cent 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 is prescribed as a penalty for the purposes of section 57(4) of the Act.
The EPA may refund, or waive the payment of, all or any part of the amount of any increase of a fee payable under this Division if—
(a) in the case of an increase in the amount of a load-based fee, the EPA is satisfied that the licence holder was unable to calculate and pay the fee by the due date because of circumstances beyond the control of the licence holder, or
(b) in any case, the EPA considers that it is appropriate to do so.
Subclause (1)(a) does not excuse the licence holder 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 licence holder.
In considering whether to refund the payment of, or waive, all or any part of the amount of any increase of a fee, the EPA is to have regard to the administrative costs incurred by the EPA in connection with the licence.
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 licence holder to alter the classification or scale of an activity.
The administrative fee for the licence is 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 than or less than the unadjusted fee by at least the amount of 2 administrative fee units.
Any additional amount of any fee already paid or due for payment is to be paid by the licence holder to the EPA not later than 60 days after the change in classification or scale occurs.
Any reduction in the amount that is in excess of the amount of at least 2 administrative fee units is to be offset against any amount owed by the licence holder to the EPA or otherwise refunded to the licence holder by the EPA.
The provisions of Division 5 relating to the payment of interest on unpaid administrative fees apply to any additional amount of the fee under this clause.
The load-based fee for the licence comprises 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.
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 members of staff of the EPA or the Office of Environment and Heritage nominated by the Chairperson, 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 local government, and
(iv) one of whom is to be nominated by, and be a representative of, the Chairperson (being a person who is not a member of staff of the EPA or the Office of Environment and Heritage or a representative of industry, environment groups or local government).
The Review Panel is to advise the EPA about 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.
In this clause—
Schedule 4 contains provisions relating to the membership and procedure of the Review Panel.
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 listed in that Schedule not authorised by a licence to be carried on at the premises.
For the purposes of section 52(1)(a) of the Act, the prescribed period is 9 months.
(Repealed)
Part 5 of the Environmental Planning and Assessment Act 1979 does not apply to 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.
For the purposes of section 54(2)(c) of the Act, the fee that must accompany an application for the transfer of a licence is 2 administrative fee units.
An application for the issue, transfer or variation of a licence, or for approval of the surrender of 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 an application may be refused.
For the purposes of section 83(2)(o) of the Act, the appropriate regulatory authority may take into account whether the person has, within the previous 3 years, failed to pay any fee or other amount payable under the environment protection legislation or has paid any such fee or amount late.
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) Pesticides Act 1978,
(f) Pollution Control Act 1970,
(g) Waste Minimisation and Management Act 1995,
(h) the provisions of the Ozone Protection Act 1989 omitted by Schedule 4.14 to the Act,
(i) regulations made under the above Acts or provisions.
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 licence holder must retain all records used by the licence holder to calculate the amount of a licence fee under Part 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, or
(b) in the case of an individual—200 penalty units.
A licence holder is liable to a penalty under subclause (1) in addition to the licence fee.
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 Murray River.
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 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 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 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 or the Hunter Water Corporation, or
(b) a water supply authority constituted under the Water Management Act 2000, 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 the 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 7 of the Marine Pollution Regulation 2006, and
(b) the discharge occurs in navigable waters other than waters referred to in clause 27(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 30 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 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—
(a) 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, or
(b) from Jindabyne Dam or Tantangara Dam and the release is in accordance with all conditions of the Snowy water licence (within the meaning of the Snowy Hydro Corporatisation Act 1997) that relate to cold water releases.
This clause applies if 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 test methodology 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 the test 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.
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 if 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 the period (not exceeding 3 months) 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 by means of 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 (
In this Chapter—
Terms used in this Chapter that are defined in the NPIM have the same meanings as they have in the NPIM (except as otherwise provided in this Chapter).
This Chapter applies to an occupier of a reporting facility if the ANZSIC code for one or more activities undertaken at the facility—
(a) has been agreed between the participating jurisdictions referred to in the NPIM, and
(b) has been included by the Commonwealth on a published list.
Subject to Part 4, the occupier of each reporting 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, estimated in accordance with Part 3, for each substance for which the reporting threshold is exceeded in the period,
(c) the type and mass of fuel or waste burned in the reporting period,
(d) any other information that may be required to assess the integrity of the emission data,
(e) substance identity information and mandatory transfer data for each substance for which a category 1, category 1b or category 3 reporting threshold is exceeded in the period,
(f) any information that may be required to assess the integrity of the mandatory transfer data,
(g) 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)–(f).
An occupier 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.
Maximum penalty (subclause (2))—
(a) in the case of a corporation—40 penalty units, or
(b) in the case of an individual—20 penalty units.
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.
The occupier must keep the data used in calculating emission or transfer data given to the EPA for 4 years after the emission or transfer data is required to be given.
Maximum penalty—
(a) in the case of a corporation—40 penalty units, or
(b) in the case of an individual—20 penalty units.
In estimating emission data and mandatory transfer data for the purposes of reporting information required under Part 2, each occupier of a reporting facility must use one of the following estimation techniques—
(a) the estimation technique set out in any industry reporting materials applying to the facility,
(b) any of the methods provided in the load calculation protocol (within the meaning of Part 1 of Chapter 2) for the relevant activity,
(c) another estimation technique approved by the EPA for the facility under this Part.
The occupier of a reporting facility may apply to the EPA for approval of an estimation technique for emission or mandatory transfer 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 determine the application.
The EPA may, by written notice given to the occupier, ask the occupier to give to the EPA, in the reasonable period specified in the notice, further relevant information to enable the EPA to determine the application.
Without limiting the circumstances in which the EPA may refuse to approve the technique, the EPA may do so if the EPA has given the occupier a notice under subclause (3) and the occupier does not comply with the request in the period specified in the notice.
The EPA may determine an application by approving the estimation technique (subject to such modifications as the EPA considers appropriate) or refuse to approve the technique.
In deciding whether to approve the technique the EPA must have regard to the accuracy of the technique compared with the accuracy of estimation techniques in the relevant industry reporting materials for the reporting facility concerned.
On making a determination under this clause, the EPA must give the occupier written notice of the determination.
If the EPA approves the technique subject to any modification, or refuses to approve the technique, the notice must specify the reasons for any such modification or refusal.
The EPA is taken to have refused to approve the technique if the EPA has not given the occupier written notice of the decision—
(a) except as provided by paragraph (b), within 60 days after the application has been made, or
(b) in a case where the occupier has given the EPA further information in response to a written notice from the EPA—within 60 days after the EPA has received the further information.
This clause applies if the occupier of a reporting 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 to the EPA under Part 2 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 within the period by which the occupier is required to provide the information to the EPA under that Part.
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 period within which the occupier is required to provide the information to the EPA, the occupier must provide the information to the EPA within 60 days after receiving notice of the Commonwealth’s decision to refuse the claim.
The occupier of a reporting facility may, by written notice given to the EPA, claim information required to be provided by the occupier under Part 2 should be treated as confidential on the grounds of commercial confidentiality.
The notice must contain the information necessary to enable the EPA to determine the claim.
The EPA may, by written notice given to the occupier, ask the occupier to give to the EPA, within a reasonable period specified in the notice, further relevant information to enable the EPA to determine the claim.
The EPA may grant the claim only if the EPA reasonably believes that a document contains information for which there is an overriding public interest against disclosure under the Government Information (Public Access) Act 2009 because of the public interest considerations in clause 4 of the Table to section 14 of that Act.
If the EPA grants the claim, the occupier is exempted from giving the information to the EPA.
The EPA may refuse the claim if the EPA has given the occupier a notice under subclause (3) asking for further information and the occupier does not comply with the request in the period specified in the notice. This subclause does not limit the grounds on which the EPA may refuse the claim.
The EPA must give the occupier written notice of the EPA’s determination of the claim.
If the EPA refuses the claim, the notice must specify the reasons for the refusal.
The EPA is taken to have refused the claim if the EPA has not given the occupier written notice of the decision—
(a) except as provided by paragraph (b), within 60 days after the notice under subclause (1) has been received by the EPA, or
(b) in a case where the occupier has given the EPA further information in response to a request under subclause (3)—within 60 days after the EPA has received the further information.
In this Chapter—
(a) carries on or proposes to carry on a business at the premises, or
(b) is the occupier of the premises.
An individual may apply to the EPA for an approval to carry out tests or inspections.
The application must—
(a) be made in the manner and form approved by the EPA, and
(b) be supported by any information required by the EPA.
In order to determine the suitability of an applicant, the EPA may require the applicant to furnish to the EPA, within a specified time, any further particulars that the EPA considers necessary.
The EPA is to determine an application under this clause by granting or refusing to grant the application.
The EPA may refuse to grant the application if, in its opinion, the individual is not a fit and proper person to carry out tests or inspections. This subclause does not limit the grounds on which the EPA may refuse to grant the application.
The EPA must give notice in writing of the determination of the application to the applicant, including, if the application is granted, notice of the date from which the approval takes effect and any conditions to which the approval is subject.
An approval under this clause—
(a) applies to tests or inspections generally or to tests or inspections of the class or classes of motor vehicles specified in the approval, and
(b) remains in force until it is surrendered, suspended or revoked, and
(c) is to be given in the manner and in the form approved by the EPA, and
(d) may be given unconditionally or subject to such conditions as the EPA considers appropriate.
A person must not hold himself or herself out as a person authorised to carry out tests or inspections, or issue a vehicle inspection report in relation to any such test or inspection, unless the person is an approved mechanic.
Maximum penalty—
(a) in the case of a corporation—200 penalty units, or
(b) in the case of an individual—100 penalty units.
A proprietor of premises may apply to the EPA for an approval of the premises to be used for the purpose of carrying out tests or inspections.
An application under this clause must—
(a) be made in the manner and form approved by the EPA, and
(b) be supported by any information required by the EPA.
In order to determine the suitability of an applicant and premises for an approval under this clause, the EPA may require the applicant to furnish to the EPA, within a specified time, any further particulars that the EPA considers necessary.
The EPA is to determine an application under this clause by granting or refusing to grant the application.
The EPA may refuse to grant the application—
(a) if, in its opinion, the premises the subject of the application or the equipment on the premises are not suitable for the purpose of carrying out tests or inspections, or
(b) if, in its opinion, the applicant is not a fit and proper person to carry out the responsibilities associated with using the premises for that purpose, or
(c) for any other reason the EPA considers appropriate.
The EPA must give notice in writing of the determination of the application for an approval under this clause to the applicant, including, if the application is granted, notice of the date from which the approval takes effect and any conditions to which the approval is subject.
An approval under this clause—
(a) applies to tests or inspections generally or to tests or inspections of the class or classes of motor vehicles specified in the approval, and
(b) remains in force until it is surrendered, suspended or revoked, and
(c) is to be given in the manner and in the form approved by the EPA, and
(d) may be given unconditionally or subject to such conditions as the EPA considers appropriate.
A proprietor of premises must not allow the premises to be used for the purpose of carrying out a test or inspection unless—
(a) the premises are an approved inspection station, and
(b) the test or inspection of the vehicle is a test or inspection of a vehicle to which the approval applies, and
(c) the test or inspection is carried out by an approved mechanic.
Maximum penalty (subclause (8))—
(a) in the case of a corporation—200 penalty units, or
(b) in the case of an individual—100 penalty units.
The maximum fee that may be charged for the carrying out of a test or inspection is—
(a) in the case of a motorcycle—$40.15, or
(b) in any other case—$60.50.
An approved mechanic who carries out a test or inspection must, in accordance with conditions of the mechanic’s approval, complete a vehicle inspection report in the form approved by the EPA.
Copies of a completed vehicle inspection report must be given to—
(a) the owner of the relevant motor vehicle or a person acting on behalf of the owner, and
(b) the EPA,
in accordance with the conditions of any approval under this Chapter.
A person must not issue a vehicle inspection report in relation to a test or inspection if the person knows, or ought reasonably to suspect, that the report is false or misleading in a material particular.
Maximum penalty—
(a) in the case of a corporation—200 penalty units, or
(b) in the case of an individual—100 penalty units.
The holder of an approval for an approved inspection station who allows a vehicle inspection report to be issued in relation to a test or inspection that is carried out at the station is guilty of an offence if the person knows, or ought reasonably to suspect, that the report is false or misleading in a material particular.
Maximum penalty—
(a) in the case of a corporation—200 penalty units, or
(b) in the case of an individual—100 penalty units.
The EPA may, by notice in writing, vary an approval given under this Chapter (including the conditions of an approval).
A variation includes the attaching of a condition to an approval (whether or not any conditions have already been attached), the substitution of a condition, the omission of a condition or the amendment of a condition.
An approval may be varied on application in writing to the EPA by the holder of the approval or on the initiative of the EPA.
An approval may be varied at any time during its currency.
A variation operates from the date of the EPA’s decision to grant or issue the variation or another date specified by the EPA in the notice.
The holder of an approval under this Chapter may surrender the approval by giving notice in writing to the EPA.
The surrender of an approval under this clause does not take effect until 28 days, or some other period approved by the EPA, after the notice has been given to the EPA.
The EPA may, by notice in writing, suspend or revoke an approval under this Chapter if—
(a) the holder of the approval has contravened a provision of this Chapter, or
(b) the holder or the premises concerned no longer satisfies the relevant requirements for approval under this Chapter, or
(c) the holder has failed to comply with a condition to which the approval is subject, or
(d) the holder provided false or misleading information in the application for approval, or
(e) the EPA is, for any reason, of the opinion that the holder is not a fit and proper person to continue to hold the approval.
A suspension of an approval under this clause may be for a specified period or until further notice in writing by the EPA to the holder of the approval.
A suspension or revocation of an approval under this clause operates from the day the notice of the suspension or revocation is given to the holder of the approval or from such later day as the notice specifies.
The EPA must not suspend or revoke an approval under this clause unless before doing so—
(a) it has given notice to the holder of the approval that it intends to do so, and
(b) it has specified in that notice the reasons for its intention to do so, and
(c) it has given the holder a reasonable opportunity to make submissions in relation to the proposed suspension or revocation, and
(d) it has taken into consideration any such submissions by the holder.
An approval may be revoked under this clause during the currency of a suspension.
In this Part—
This Part extends to the levy period commencing on 1 July 2012.
The objectives of the Upper Hunter monitoring program are as follows—
(a) to provide government, industry and the community with reliable and up-to-date information on air quality in the Muswellbrook, Singleton and Upper Hunter Shire local government areas,
(b) to enable the air quality in those areas to be assessed against relevant air pollution standards,
(c) to facilitate the identification of sources of air pollution in those areas,
(d) to facilitate the development and implementation of strategies to improve air quality in those areas.
Upper Hunter licence holders are required to pay an environmental monitoring levy in respect of the Upper Hunter monitoring program under this Part.
The environmental monitoring levy payable by an Upper Hunter licence holder for a levy period consists of the following components—
(a) the annual levy,
(b) the construction levy (if any).
The EPA is to provide written notice to each Upper Hunter licence holder of the amount of the annual levy or the construction levy (or both) that the licence holder is required to pay for a levy period.
The levy must be paid within 30 days after the notice is given by the EPA or by such later date as is specified by the EPA in the notice.
If a levy is not paid by the due date, the levy is to be increased by the amount of simple interest calculated at the rate of 25% per year on the amount of the levy unpaid for each day that elapses after the due date and before the date of payment.
The amount of the annual levy payable by an Upper Hunter electricity generation licence holder for a levy period is calculated as follows—
where—
A reference in any of the components of the formula in subclause (1) to an amount is a reference to the amount provided to the EPA by an Upper Hunter licence holder under clause 79I.
If any information required to calculate the amount of the annual levy is not available to the EPA, the EPA may calculate the amount of the levy based on reasonable estimates.
In this clause,
The amount of the annual levy payable by an Upper Hunter coal mining licence holder for a levy period is calculated as follows—
where—
A reference in any of the components of the formula in subclause (1) to an amount is a reference to the amount provided to the EPA by an Upper Hunter licence holder under clause 79I.
If any information required to calculate the amount of the annual levy is not available to the EPA, the EPA may calculate the amount of the levy based on reasonable estimates.
In this clause—
The amount of the annual levy payable by a new Upper Hunter licence holder for the first levy period and the subsequent levy period is to be calculated in accordance with the formula set out in clause 79D (in the case of an Upper Hunter electricity generation licence holder) or 79E (in the case of an Upper Hunter coal mining licence holder) with such adjustments to the formula as the EPA considers necessary.
For example, adjustments will be required because the formula uses the emissions produced by an Upper Hunter licence holder during the previous levy period to calculate the amount payable for a levy period. The amount payable by a new Upper Hunter licence holder for the first levy period will be calculated based on the emissions produced by the new licence holder during that first levy period.
A person who becomes an Upper Hunter licence holder on or after 1 May in a levy period is not required to pay an annual levy for that levy period. Such a person is taken to be a new Upper Hunter licence holder from 1 July in the next levy period.
Section 126 | 1, 2, 14, 15 | $2,000 (if the penalty notice is issued by a class 1 enforcement officer) or $4,000 (in any other case) | $4,000 (if the penalty notice is issued by a class 1 enforcement officer) or $8,000 (in any other case) |
Section 128 | 1, 2, 14, 15 | $4,000 (if the penalty notice is issued by a class 1 enforcement officer) or $7,500 (in any other case) | $8,000 (if the penalty notice is issued by a class 1 enforcement officer) or $15,000 (in any other case) |
Section 129 | 3 | $4,000 | $8,000 |
Section 135 | 1, 2 | $200 | $400 |
Section 135C(1) | 1 (limited to member of staff of local authority) | $200 | $400 |
Section 136 sell article of prescribed 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) | 3 | $200 | $400 |
Section 136 sell article of prescribed 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 more | 3 | $400 | $800 |
Section 136 sell article of prescribed 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 belongs | 3 | $300 | $600 |
Section 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 penalty notice is issued by a class 1 enforcement officer) or $7,500 (in any other case) | $8,000 (if the penalty notice is issued by a class 1 enforcement officer) or $15,000 (in any other case) |
Section 143 transport waste, being waste comprising asbestos waste or hazardous waste (within the meaning of Schedule 1 to the Act), or any other waste greater than 1 cubic metre in volume or 2 tonnes in weight, to a place that cannot lawfully be used as a waste facility for that waste | 1, 2, 5, 13, 16 | $4,000 (if the penalty notice is issued by a class 1 enforcement officer) or $7,500 (in any other case) | $8,000 (if the penalty notice is issued by a class 1 enforcement officer) or $15,000 (in any other case) |
Section 143 transport other waste to a place that cannot lawfully be used as a waste facility for that waste | 1, 2, 5, 13, 16 | $2,000 (if the penalty notice is issued by a class 1 enforcement officer) or $4,000 (in any other case) | $4,000 (if the penalty notice is issued by a class 1 enforcement officer) or $8,000 (in any other case) |
Section 144 | 1, 2, 5, 13 | $4,000 (if the penalty notice is issued by a class 1 enforcement officer) or $7,500 (in any other case) | $8,000 (if the penalty notice is issued by a class 1 enforcement officer) or $15,000 (in any other case) |
Section 144AAA | 1, 2 | $4,000 (if the penalty notice is issued by a class 1 enforcement officer) or $7,500 (in any other case) | $8,000 (if the penalty notice is issued by a class 1 enforcement officer) or $15,000 (in any other case) |
Section 144AAB | 1, 2 | $4,000 (if the penalty notice is issued by a class 1 enforcement officer) or $7,500 (in any other case) | $8,000 (if the penalty notice is issued by a class 1 enforcement officer) or $15,000 (in any other case) |
Section 144AA(1) | 2 | $4,000 | $8,000 |
Section 144AC(2) | 2 | $1,000 | $2,000 |
Section 145 deposit litter that is a small item, including a confectionery wrapper, cigarette packet, ATM statement or bus or train ticket (excluding a cigarette and excluding litter deposited from a vehicle) | 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 | $80 | — |
Section 145 deposit other litter (excluding a cigarette and excluding litter deposited from a vehicle) | 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 | $250 | $500 |
Section 145 deposit litter that is an unlit or extinguished cigarette (excluding litter deposited from a vehicle) | 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 | $80 | — |
Section 145 deposit litter that is a lit cigarette (excluding litter deposited from a vehicle) | 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 | $250 | — |
Section 145 deposit litter from a vehicle | 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 | $250 | $500 |
Section 145A deposit litter (for example, a lit cigarette) in dangerous circumstances, including the deposit of a syringe | 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 | $450 | $900 |
Section 146A | 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 | $200 | $400 |
Section 146B | 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 | $200 | $400 |
Section 146C | 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 | $200 | $400 |
Section 146E(1) | 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 | $200 | $400 |
Section 146E(2) | 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 | $200 | $400 |
Section 146E(3) | 1, 2, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 | $375 | $750 |
Section 152 | 1, 2 | $2,000 (if the penalty notice is issued by a class 1 enforcement officer) or $4,000 (in any other case) | $4,000 (if the penalty notice is issued by a class 1 enforcement officer) or $8,000 (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 167 | 1, 2 | $2,000 (if the penalty notice is issued by a class 1 enforcement officer) or $4,000 (in any other case) | $4,000 (if the penalty notice is issued by a class 1 enforcement officer) or $8,000 (in any other case) |
Section 211(1) | 1, 2, 4, 5, 13, 14, 15 | $750 | $1,500 |
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 |
Protection of the Environment Operations (Clean Air) Regulation 2010 | |||
Column 1 | Column 2 | Column 3 | Column 4 |
Provision of Regulation | Officer | Penalty | Penalty |
Clause 10(1) | 1, 2, 17 | $500 | $1,000 |
Clause 11(1) | 1, 2, 17 | $500 | $1,000 |
Clause 12(1) | 1, 2, 17 | $500 | $1,000 |
Clause 12(2) | 1, 2, 17 | $500 | $1,000 |
Clause 12(3) | 1, 2, 17 | $500 | $1,000 |
Clause 16(1) in relation to the emission of excessive air impurities by a heavy vehicle (within the meaning of the Road Transport Act 2013) being used in the M5 East Tunnel | 3 | $2,000 | — |
Clause 16(1) in any other case | 3 | $300 | $600 |
Clause 21(1) in relation to a failure to have a vertical exhaust pipe fitted so that the exhaust vent is directed away from the nearside of the vehicle | 3 | $200 | — |
Clause 21(1) in any other case | 3 | $300 | — |
Clause 22(1) | 3 | $300 | — |
Clause 23(1) failure to ensure that any catalytic converter that has been fitted to the motor vehicle has not been removed, disconnected or impaired | 3 | $500 | $1,000 |
Clause 23(1) in any other case | 3 | $300 | — |
Clause 25(2) | 3 | $300 | — |
Clause 25(3) | 3 | $300 | — |
Clause 28(1) | 3 | $750 | $1,500 |
Clause 28(2) | 3 | $750 | $1,500 |
Clause 29(1) | 3 | $300 | $600 |
Clause 30(1) | 3 | $300 | $600 |
Clause 49 | 3 | $600 | — |
Clause 58(1) | 3 | $600 | — |
Clause 58(2) | 3 | $600 | — |
Clause 60(1) | 2 | $600 | $1,200 |
Clause 60(2) | 2 | $600 | $1,200 |
Clause 66(2) | 3 | $600 | — |
Clause 67(2) | 3 | $600 | — |
Clause 67(3) | 3 | $600 | — |
Clause 67(4) | 3 | $600 | — |
Clause 69(2) | 1, 2 | $600 | $1,200 |
Clause 69(3) | 1, 2 | $600 | $1,200 |
Clause 70 | 1, 2 | $600 | $1,200 |
Clause 71(1) | 1, 2 | $600 | $1,200 |
Clause 71(2) | 1, 2 | $600 | $1,200 |
Clause 73(1) | 1, 2 | $600 | $1,200 |
Clause 73(2) | 1, 2 | $600 | $1,200 |
Clause 75(1) | 1, 2 | $600 | $1,200 |
Clause 75(2) | 1, 2 | $600 | $1,200 |
Clause 76(1) | 1, 2 | $600 | $1,200 |
Clause 76(2) | 1, 2 | $600 | $1,200 |
Clause 77(1) | 1, 2 | $600 | $1,200 |
Clause 78B | 2 | $15,000 | — |
Clause 78C | 2 | $15,000 | — |
Clause 78D(2) | 2 | $8,000 | — |
Clause 78F(2) | 2 | $8,000 | — |
Clause 78G(4) in the case where the person ought reasonably to have known the statement made was false or misleading | 2 | $8,000 | — |
Clause 78H(3) in the case where the person ought reasonably to have known the statement made was false or misleading | 2 | $8,000 | — |
Clause 78H(4) and (5) | 2 | $8,000 | — |
Clause 78I(2)–(5) | 2 | $8,000 | — |
Clause 78I(6) in the case where the person ought reasonably to have known the statement made was false or misleading | 2 | $8,000 | — |
Clause 78J(2)–(6) and (8) | 2 | $4,000 | — |
Clause 78J(7) in the case where the person ought reasonably to have known the statement made was false or misleading and (9) | 2 | $8,000 | — |
Clause 78K | 2 | $8,000 | — |
Clause 78L | 2 | $2,000 | — |
Clause 78M(4) in the case where the person ought reasonably to have known the statement made was false or misleading | 2 | $8,000 | — |
Protection of the Environment Operations (General) Regulation 2009 | |||
Column 1 | Column 2 | Column 3 | Column 4 |
Provision of Regulation | Officer | Penalty | Penalty |
Clause 54(1) | 3 | $500 | — |
Clause 65(2) | 3 | $500 | $1,000 |
Clause 66(1) | 3 | $500 | $1,000 |
Clause 66(2) | 3 | $500 | $1,000 |
Clause 73(8) | 3 | $500 | $1,000 |
Clause 74(8) | 3 | $500 | $1,000 |
Clause 76(3) | 3 | $500 | $1,000 |
Clause 76(4) | 3 | $500 | $1,000 |
Clause 97 | 3 | $750 | $1,500 |
Clause 98(1)(a) | 3 | $750 | $1,500 |
Clause 98(1)(b) | 3 | $750 | $1,500 |
Clause 98H | 3 | $100 | $200 |
Clause 98I(2) | 3 | $100 | $200 |
Clause 98J(2) | 3 | $100 | $200 |
Protection of the Environment Operations (Hunter River Salinity Trading Scheme) Regulation 2002 | |||
Provision of Regulation | Officer | Penalty | Penalty |
Clause 61 | 3 | $750 | $1,500 |
Protection of the Environment Operations (Noise Control) Regulation 2017 | |||
Column 1 | Column 2 | Column 3 | Column 4 |
Provision of Regulation | Officer | Penalty | Penalty |
Clause 5(1) cause or permit use of vehicle capable of emitting noise exceeding maximum level by 5 dB(A) or less | 3 | $150 | $300 |
Clause 5(1) cause or permit use of vehicle capable of emitting noise exceeding maximum level by more than 5 but no more than 15 dB(A) | 3 | $250 | $500 |
Clause 5(1) cause or permit use of vehicle capable of emitting noise exceeding maximum level by more than 15 dB(A) | 3 | $600 | $1,200 |
Clause 6 | 1, 2, 5 | $200 | $400 |
Clause 8(1) | 1, 5 | $300 | $600 |
Clause 9 | 1, 5 | $300 | $600 |
Clause 10 | 3 | $300 | $600 |
Clause 11 | 2, 5 | $200 | $400 |
Clause 12 | 3 | $200 | $400 |
Clause 13 | 3 | $300 | $600 |
Clause 14 | 2, 5 | $200 | $400 |
Clause 15 | 3 | $200 | $400 |
Clause 16 | 3 | $300 | $600 |
Clause 17 | 2, 5 | $200 | $400 |
Clause 18 | 3 | $200 | $400 |
Clause 20 | 3 | $300 | $600 |
Clause 21 | 3 | $300 | $600 |
Clause 22 | 3 | $300 | $600 |
Clause 23 | 3 | $300 | $600 |
Clause 24 | 1, 2, 5 | $300 | $600 |
Clause 25(1) cause or permit use of audible vehicle intruder alarm (for up to and including 4 hours) | 1, 2, 5, 8 | $300 | $600 |
Clause 25(1) cause or permit use of audible vehicle intruder alarm (for more than 4 hours and up to and including 8 hours) | 1, 2, 5, 8 | $600 | $1,200 |
Clause 25(1) cause or permit use of audible vehicle intruder alarm (for more than 8 hours) | 1, 2, 5, 8 | $900 | $1,800 |
Clause 26(1) | 3 | $300 | $600 |
Clause 27 | 3 | $300 | $600 |
Clause 28 | 3 | $300 | $600 |
Clause 31 | 1, 2, 5 | $300 | $600 |
Clause 33(1) | 2, 5 | $200 | — |
Clause 34 | 1, 4, 5, 14 | $300 | $600 |
Clause 35 | 1, 4, 5, 14 | $400 | $800 |
Clause 37(1) | 4, 5, 14 | $300 | $600 |
Clause 38 | 4, 5, 14 | $300 | $600 |
Clause 39 | 1, 4, 5, 14 | $300 | $600 |
Clause 42(2) cause or permit use of audible building intruder alarm (for up to and including 4 hours) | 1, 2, 5 | $300 | $600 |
Clause 42(2) cause or permit use of audible building intruder alarm (for more than 4 hours and up to and including 8 hours) | 1, 2, 5 | $600 | $1,200 |
Clause 42(2) cause or permit use of audible building intruder alarm (for more than 8 hours) | 1, 2, 5 | $900 | $1,800 |
Clause 45 | 1, 5 | $300 | $600 |
Clause 51(1) | 1, 5 | $300 | $600 |
Clause 52(1) | 1, 5 | $300 | $600 |
Clause 53(1) | 1, 5 | $300 | $600 |
Clause 57 | 1, 5 | $300 | $600 |
Clause 58(1) | 1, 5 | $300 | $600 |
Clause 62(1) | 2, 5 | $300 | $600 |
Clause 63(1) | 4, 5, 14 | $400 | $800 |
Clause 64(5) | 4, 5, 14 | $400 | $800 |
Clause 64(6) | 4, 5, 14 | $400 | $800 |
Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2019 | |||
Column 1 | Column 2 | Column 3 | Column 4 |
Provision of Regulation | Officer | Penalty | Penalty |
Clause 6 | 1, 2 | $500 | $1,000 |
Clause 7 | 1, 2 | $500 | $1,000 |
Clause 8 | 1, 2 | $500 | $1,000 |
Clause 9 | 1, 2 | $500 | $1,000 |
Clause 10 | 1, 2 | $500 | $1,000 |
Clause 11 | 1, 2 | $500 | $1,000 |
Clause 12(1) | 1, 2 | $500 | $1,000 |
Clause 13(1) | 1, 2 | $500 | $1,000 |
Clause 13(2) | 1, 2 | $500 | $1,000 |
Clause 14 | 1, 2 | $500 | $1,000 |
Clause 15(1) | 1, 2 | $500 | $1,000 |
Clause 16 | 1, 2 | $500 | $1,000 |
Clause 17 | 1, 2 | $500 | $1,000 |
Clause 18(1) | 1, 2 | $500 | $1,000 |
Clause 19 | 1, 2 | $250 | $500 |
Clause 20 | 1, 2 | $500 | $1,000 |
Clause 21 | 1, 2 | $500 | $1,000 |
Clause 22 | 1, 2 | $250 | $500 |
Clause 23(2) | 1, 2 | $250 | $500 |
Clause 24(1) | 1, 2 | $250 | $500 |
Clause 25(1) | 1, 2 | $250 | $500 |
Clause 26(1) | 1, 2 | $250 | $500 |
Clause 27(1) | 1, 2 | $250 | $500 |
Clause 28 | 1, 2 | $250 | $500 |
Protection of the Environment Operations (Waste) Regulation 2014 | |||
Column 1 | Column 2 | Column 3 | Column 4 |
Provision of Regulation | Officer | Penalty | Penalty |
Clause 13(6) | 3 | $750 | $1,500 |
Clause 16(5) | 3 | $750 | $1,500 |
Clause 22(2) | 3 | $750 | $1,500 |
Clause 23(1) | 3 | $750 | $1,500 |
Clause 23(2) | 3 | $750 | $1,500 |
Clause 23(3)(a) | 3 | $750 | $1,500 |
Clause 23(3)(b) | 3 | $750 | $1,500 |
Clause 24(1) | 3 | $750 | $1,500 |
Clause 24(2)(a) | 3 | $750 | $1,500 |
Clause 24(2)(b) | 3 | $750 | $1,500 |
Clause 24A | 3 | $750 | $1,500 |
Clause 27 | 3 | $750 | $1,500 |
Clause 28 | 3 | $750 | $1,500 |
Clause 29 | 3 | $750 | $1,500 |
Clause 30 | 3 | $750 | $1,500 |
Clause 31(1) | 3 | $750 | $1,500 |
Clause 31(2) | 3 | $750 | $1,500 |
Clause 32 | 3 | $750 | $1,500 |
Clause 33(a) | 3 | $750 | $1,500 |
Clause 33(b) | 3 | $750 | $1,500 |
Clause 33(c) | 3 | $750 | $1,500 |
Clause 34 | 3 | $750 | $1,500 |
Clause 36(1) | 3 | $750 | $1,500 |
Clause 36(3) | 3 | $750 | $1,500 |
Clause 37 | 3 | $750 | $1,500 |
Clause 39(2)(a) | 3 | $750 | $1,500 |
Clause 39(2)(b) | 3 | $750 | $1,500 |
Clause 39(2)(c) | 3 | $750 | $1,500 |
Clause 43(1) | 3 | $750 | $1,500 |
Clause 43(2) | 3 | $750 | $1,500 |
Clause 44 | 3 | $750 | $1,500 |
Clause 45(1) | 3 | $750 | $1,500 |
Clause 45(2) | 3 | $750 | $1,500 |
Clause 45(3) | 3 | $750 | $1,500 |
Clause 45(4) | 3 | $750 | $1,500 |
Clause 45(6) | 3 | $750 | $1,500 |
Clause 46(1) | 3 | $750 | $1,500 |
Clause 46(2) | 3 | $750 | $1,500 |
Clause 46(3) | 3 | $750 | $1,500 |
Clause 46(5) | 3 | $750 | $1,500 |
Clause 46(6) | 3 | $750 | $1,500 |
Clause 47(2) | 3 | $750 | $1,500 |
Clause 48(4) | 3 | $750 | $1,500 |
Clause 48(5) | 3 | $750 | $1,500 |
Clause 49(5) | 3 | $750 | $1,500 |
Clause 50(4) | 3 | $750 | $1,500 |
Clause 53 | 3 | $750 | $1,500 |
Clause 54 | 3 | $750 | $1,500 |
Clause 55 | 3 | $750 | $1,500 |
Clause 56 | 3 | $750 | $1,500 |
Clause 57(a) | 3 | $750 | $1,500 |
Clause 57(b) | 3 | $750 | $1,500 |
Clause 58 | 3 | $750 | $1,500 |
Clause 62 | 3 | $750 | $1,500 |
Clause 67 | 3 | $750 | $1,500 |
Clause 68(1) | 3 | $750 | $1,500 |
Clause 68(2) | 3 | $750 | $1,500 |
Clause 68(3) | 3 | $750 | $1,500 |
Clause 70(1) | 1, 2 | $750 | $1,500 |
Clause 70(2) | 1, 2 | $750 | $1,500 |
Clause 70(3) | 1, 2 | $750 | $1,500 |
Clause 71 | 3 | $7,500 | $15,000 |
Clause 72(1) | 1, 2 | $750 | $1,500 |
Clause 72(2) | 1, 2 | $750 | $1,500 |
Clause 73 | 1, 2 | $750 | $1,500 |
Clause 76(3) | 3 | $750 | $1,500 |
Clause 76(4) | 3 | $750 | $1,500 |
Clause 76(5) | 3 | $750 | $1,500 |
Clause 76(6) | 3 | $750 | $1,500 |
Clause 76(7) | 3 | $750 | $1,500 |
Clause 78(1) | 1, 2 | $4,000 (if the penalty notice is issued by a class 1 enforcement officer) or $7,500 (in any other case) | $8,000 (if the penalty notice is issued by a class 1 enforcement officer) or $15,000 (in any other case) |
Clause 78(2) | 1, 2 | $4,000 (if the penalty notice is issued by a class 1 enforcement officer) or $7,500 (in any other case) | $8,000 (if the penalty notice is issued by a class 1 enforcement officer) or $15,000 (in any other case) |
Clause 78(3) | 1, 2 | $4,000 (if the penalty notice is issued by a class 1 enforcement officer) or $7,500 (in any other case) | $8,000 (if the penalty notice is issued by a class 1 enforcement officer) or $15,000 (in any other case) |
Clause 78(4) | 1, 2 | $4,000 (if the penalty notice is issued by a class 1 enforcement officer) or $7,500 (in any other case) | $8,000 (if the penalty notice is issued by a class 1 enforcement officer) or $15,000 (in any other case) |
Clause 79(3) | 3 | $750 | $1,500 |
Clause 79(4) | 3 | $750 | $1,500 |
Clause 79(5) | 3 | $750 | $1,500 |
Clause 79(6) | 3 | $750 | $1,500 |
Clause 80(2) | 1, 2 | $4,000 (if the penalty notice is issued by a class 1 enforcement officer) or $7,500 (in any other case) | $8,000 (if the penalty notice is issued by a class 1 enforcement officer) or $15,000 (in any other case) |
Clause 80(3) | 1, 2 | $4,000 (if the penalty notice is issued by a class 1 enforcement officer) or $7,500 (in any other case) | $8,000 (if the penalty notice is issued by a class 1 enforcement officer) or $15,000 (in any other case) |
Clause 80(4) | 1, 2 | $4,000 (if the penalty notice is issued by a class 1 enforcement officer) or $7,500 (in any other case) | $8,000 (if the penalty notice is issued by a class 1 enforcement officer) or $15,000 (in any other case) |
Clause 87(1)(a) | 2 | $750 | $1,500 |
Clause 88(1) | 2 | $750 | $1,500 |
Clause 88(6) | 2 | $750 | $1,500 |
Clause 89(1) | 2 | $750 | $1,500 |
Clause 89(2)(a) | 2 | $750 | $1,500 |
Clause 89(2)(b) | 2 | $750 | $1,500 |
Clause 93(7) | 3 | $750 | $1,500 |
Clause 94(1)(a) | 3 | $750 | $1,500 |
Clause 94(1)(b) | 3 | $750 | $1,500 |
Clause 95(1) | 3 | $750 | $1,500 |
Clause 104(2) | 3 | $750 | $1,500 |
Clause 105(1)(a) | 3 | $750 | $1,500 |
Clause 105(1)(b) | 3 | $750 | $1,500 |
Clause 106(1) | 3 | $750 | $1,500 |
Clause 107(1) | 3 | $750 | $1,500 |
Clause 108(5) | 3 | $750 | $1,500 |
Clause 109(3) | 3 | $750 | $1,500 |
Clause 109(4) | 3 | $750 | $1,500 |
Clause 110(1) | 3 | $750 | $1,500 |
Clause 110A(1) | 1, 2 | $4,000 (if the penalty notice is issued by a class 1 enforcement officer) or $7,500 (in any other case) | $8,000 (if the penalty notice is issued by a class 1 enforcement officer) or $15,000 (in any other case) |
Clause 112 | 1, 2 | $750 | $1,500 |
Clause 113(5) | 1, 2 | $1,500 | $3,000 |
Clause 113(6) | 1, 2 | $1,500 | $3,000 |
Clause 114 | 1, 2 | $1,500 | $3,000 |
Clause 4(1) of Schedule 1A | 3 | $750 | $1,500 |
Clause 4(2) of Schedule 1A | 3 | $750 | $1,500 |
Clause 4(3) of Schedule 1A | 3 | $750 | $1,500 |
Waste Avoidance and Resource Recovery Act 2001 | |||
Column 1 | Column 2 | Column 3 | Column 4 |
Provision of Act | Officer | Penalty | Penalty |
Section 38(1) | 2 | $1,500 | $3,000 |
Section 39 | 2 | $1,500 | $3,000 |
Section 40(8) | 2 | $750 | $1,500 |
Section 42(1) | 2 | $500 | $1,000 |
Section 43(3) | 2 | $250 | $500 |
Section 43(5) | 2 | $250 | $500 |
Section 44(1) claim refund for containers not subject to Scheme (if number of containers is not more than 300) | 2 | $250 | $500 |
Section 44(1) claim refund for containers not subject to Scheme (if number of containers is more than 300 but not more than 1,000) | 2 | $500 | $1,000 |
Section 44(1) claim refund for containers not subject to Scheme (if number of containers is more than 1,000 but not more than 5,000) | 2 | $1,000 | $2,000 |
Section 44(1) claim refund for containers not subject to Scheme (if number of containers is more than 5,000) | 2 | $2,000 | $4,000 |
Section 44(2) | 2 | $1,500 | $3,000 |
Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulation 2017 | |||
Column 1 | Column 2 | Column 3 | Column 4 |
Provision of Regulation | Officer | Penalty | Penalty |
Clause 20(1) | 2 | $1,000 | $2,000 |
Clause 20(2) | 2 | $1,000 | $2,000 |
(Clause 102)
(Section 280)
On [
The complaint was made in person*/by telephone*.
The complaint was made by [
The complainant caused the complaint to be transmitted to me by [
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 [
Signed—
[
* 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 (eg 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 [
The warrant was granted on [
The warrant was granted by [
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 Protection of the Environment Operations Act 1997 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.
In this Part—
Parts 8.2 and 8.4 and sections 261 and 262 of the Act extend (subject to this clause) to proceedings in connection with a repealed Act in respect of offences committed against a repealed Act or regulation under a repealed Act before its repeal or in respect of any related matter that continues to have force or effect. This subclause applies whether the proceedings were pending on the commencement of the Act or whether the proceedings are instituted after that commencement.
Parts 8.2 and 8.4 and sections 261 and 262 of the Act apply with such modifications as are necessary for the purposes of applying those provisions to any such proceedings. In particular, the following references in those provisions are to be read as follows—
(a) a reference to an offence arising under Part 5.2 of the Act is to be read as including a reference to a Tier 1 offence under the Environmental Offences and Penalties Act 1989,
(b) a reference to a prescribed offence for the purposes of section 216 of the Act is to be read as including a reference to a prescribed offence within the meaning of section 12 of the Environmental Offences and Penalties Act 1989,
(c) a reference in section 218 of the Act to an authority or officer entitled to institute proceedings is to be read as including a reference to an authority or officer entitled under section 13 of the Environmental Offences and Penalties Act 1989 to institute the proceedings.
The provisions of a repealed Act relating to the orders that a court may make when it finds an offence proved continue to have effect in respect of any such proceedings.
A notice, direction, order, requirement or exemption that—
(a) is given, issued or made under a repealed Act, and
(b) is in force on that repeal,
continues to have effect for the purposes of the repealed Act.
Any such notice, direction, order, requirement or exemption does not have effect for the purposes of a corresponding provision of or made under the Act, unless this Regulation or any other regulation under the Act so provides.
Accordingly, any such notice, direction, order, requirement or exemption may be enforced in accordance with the provisions of the relevant repealed Act.
Directions may be given, and action taken, under section 92 of the Act in respect of pollution incidents occurring before as well as after the commencement of the Act.
Any act, matter or thing that, immediately before the repeal of a regulation by this Regulation, had effect under that repealed regulation, continues to have effect under this Regulation.
Clause 28B of the Protection of the Environment Operations (General) Regulation 1998, as in force immediately before its repeal, continues to apply to load reduction agreements entered into before that repeal as if that clause had not been repealed.
A person who, immediately before the repeal of the Protection of the Environment Operations (General) Regulation 1998, is a member of the Load-Based Licensing Technical Review Panel under Part 2.2 of that Regulation is taken to a member of the Review Panel under this Regulation until such time as the member completes his or her term of office, as specified in the member’s instrument of appointment, or the office of the member otherwise becomes vacant in accordance with clause 5 of Schedule 4.
If a load-based fee is payable after the commencement of this Regulation in respect of a period that started before that commencement, a pollutant weighting specified in Part 2 of Schedule 2 extends to the whole of that period.
Despite any other provision of this Regulation, no load-based fee is payable in respect of carbon black production (within the meaning of clause 8 of Schedule 1 to the Act) during any licence fee period that commences before 30 June 2011.
In this Part,
Despite clause 47 of the Regulation, if, because of the amendment of Schedule 1 to the Act by the amending Regulation, it has become necessary for a person to be authorised by a licence to continue to carry out any work or activity, a licence is not required until the later of the following—
(a) the end of the period 3 months after the commencement of that amendment,
(b) the relevant licence application (if any) made before the end of that period by the person has been finally determined.
A licence authorising scheduled development work in respect of the scheduled activity of electricity works (wind farms) is not required by a person proposing to carry out such work until the later of the following—
(a) the end of the period of 9 months after the commencement of the amending Regulation,
(b) the relevant licence application (if any) made before the end of that period by the person has been finally determined.
A licence authorising the scheduled activity of electricity works (wind farms) is not required by a person proposing to carry out such activity until the later of the following—
(a) the end of the period of 9 months after the commencement of the amending Regulation,
(b) the relevant licence application (if any) made before the end of that period by the person has been finally determined.
Despite clause 47 of this Regulation, if, because of the amendment of Schedule 1 to the Act by the Protection of the Environment Operations Amendment (NSW Gas Plan) Regulation 2014, it has become necessary for a person to be authorised by a licence to continue to carry out any work or activity, a licence is not required until the later of the following—
(a) the end of the period 3 months after the commencement of that amendment,
(b) the relevant licence application (if any) made before the end of that period by the person has been finally determined.
Emissions occurring on or after 1 July 2014 but before the commencement of Part 2 of Chapter 5A are to be taken into account under that Part in the same way as if those emissions had occurred after that commencement but before 1 July 2015.
Monitoring or general program costs of the EPA occurring on or after 1 July 2014 but before the commencement of Part 2 of Chapter 5A are to be taken into account under that Part in the same way as if those costs had occurred after that commencement but before 1 July 2015.
Any costs related to the establishment of the monitoring program under Part 2 of Chapter 5A are to be added to the general program costs for the first levy period even if those costs were incurred before that period commenced.
In this Part—
For the purposes of section 52(1)(a) of the Act (and despite clause 47 of this Regulation), the prescribed period is—
(a) 3 months after the commencement day in the case a person who, because of the amending regulation, is required to be authorised by a railway infrastructure construction licence to continue to carry out any work or activity, or
(b) 6 months after the commencement day in the case a person who, because of the amending regulation, is required to be authorised by a railway infrastructure operations licence or a rolling stock operations licence to continue to carry out any work or activity.
A person who held a licence for the scheduled activity of railway systems activities that was in force immediately before the commencement day is taken, on the commencement day, to hold a railway infrastructure construction licence, a railway infrastructure operations licence and a rolling stock operations licence.
A person who is taken to hold a licence under this clause is taken to hold that licence—
(a) in the case of a railway infrastructure operations licence—until 6 months after the commencement day or if the person makes a relevant licence application before the end of that period that is not determined before the end of that period, when that application is finally determined, or
(b) in the case of a rolling stock operations licence taken to be held by an occupier of land referred to in clause 19—until that clause ceases to apply to the occupier.
Nothing in subclause (2) prevents the earlier suspension, revocation or surrender of a licence referred to in that subclause in accordance with the Act.
A person who is taken to hold a railway infrastructure construction licence is taken to hold that licence until it is suspended, revoked or surrendered in accordance with the Act.
Nothing in this clause authorises a person to carry out an activity that the person was not permitted to carry out under the licence for the scheduled activity of railway systems activities held by the person.
In addition to any person who is required to hold a licence under clause 33B of Schedule 1 to the Act in respect of the operation of rolling stock on a track, the occupier of the land on which the track is situated is also required to hold a licence for the operation of that rolling stock.
This clause ceases to apply to an occupier of land 13 months after the commencement day or on the day on which each person who operates rolling stock on a track on the land holds a licence under clause 33B (whichever occurs first).
For the purposes of section 52(1)(a) of the Act (and despite clause 47 of this Regulation), the prescribed period is 3 months after the commencement day in the case a person who, because of the substitution of clause 35 of Schedule 1 to the Act by the amending regulation, is required to be authorised by a licence to continue to carry out any work or activity.
For the purposes of section 52(1)(a) of the Act (and despite clause 47 of this Regulation), the prescribed period is 6 months after the commencement day in the case of a person who, because of the amending regulation, is required to be authorised by a licence for the scheduled activity of road tunnel emissions to continue to carry out any work or activity.
Section 52 of the Act and subclause (1) apply to a road tunnel (referred to in clause 35A of Schedule 1 to the Act) that commences to operate as a road tunnel within 6 months after the commencement day in the same way as those provisions apply to a road tunnel that commenced to operate as a road tunnel before the commencement day.
(Repealed)
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