Protection of the Environment Operations (General) Regulation 2022 (NSW)
Sec 89D of this Regulation (sec 89D repeals Chapter 6, Part 1A and Sch 10, definitions of
This Regulation is the Protection of the Environment Operations (General) Regulation 2022.
This Regulation commences on 1 September 2022.
This Regulation replaces the Protection of the Environment Operations (General) Regulation 2021, which is repealed on 1 September 2022 by that Regulation, clause 149(1).
The Dictionary in Schedule 10 defines words used in this Regulation.
Terms used in this Regulation, Schedule 1 have the same meanings as they have in the Act, Schedule 1.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
An example of the operation of a provision of this Regulation at the end of the provision is for the provision unless the example relates to another provision.
An example of the operation of a provision of this Regulation—
(a) is not exhaustive, and
(b) does not limit, but may extend, the meaning of the provision.
The example and the provision must be read in the context of each other and the other provisions of this Regulation.
However, if the example and the provision when read this way are inconsistent, the provision prevails.
In this Chapter—
(a) on the landward side of the mean high water mark of the waters within the marine park, and
(b) within an area, within the meaning of the Local Government Act 1993.
(a) pilotage is compulsory under the Marine Safety Act 1998, Part 6, Division 3, or
(b) pilotage would be compulsory under the Marine Safety Act 1998, Part 6, Division 3 if the master is not the holder of a marine pilotage exemption certificate under that Act.
Transport for NSW is declared to be the appropriate regulatory authority for non-scheduled activities involving a non-pilotage vessel in navigable waters, including in a marine park, except in relation to the following—
(a) the exercise of functions under the Act, Chapter 3,
(b) premises defined in an environment protection licence as the premises to which the licence applies and all activities carried on at the premises,
(c) activities carried on by the State or a public authority, whether at premises occupied by the State or a public authority or otherwise,
(d) a matter for which a public authority, other than a local authority or Transport for NSW, is declared under the Act, section 6(3) to be the appropriate regulatory authority.
(Repealed)
The Secretary of the Department of Climate Change, Energy, the Environment and Water is declared to be the appropriate regulatory authority for non-scheduled activities in Kosciuszko National Park, except in relation to the following—
(a) the exercise of functions under the Act, Chapter 3,
(b) premises defined in an environment protection licence as the premises to which the licence applies and all activities carried on at the premises,
(c) activities carried on by the State or a public authority, whether at premises occupied by the State or a public authority or otherwise,
(d) activities carried on by an authorised network operator, within the meaning of the Electricity Network Assets (Authorised Transactions) Act 2015, whether at premises occupied by the authorised network operator or otherwise,
(e) a matter for which a public authority, other than a local authority or the Secretary of the Department of Climate Change, Energy, the Environment and Water, is declared under the Act, section 6(3) to be the appropriate regulatory authority,
(f) non-scheduled activities involving a non-pilotage vessel in navigable waters.
(Repealed)
The EPA is declared to be the appropriate regulatory authority for a matter arising under this Regulation, Chapter 9, Part 3.
The EPA is declared to be the appropriate regulatory authority for a matter arising under this Regulation, Chapter 9, Part 4.
The EPA is declared to be the appropriate regulatory authority for non-scheduled activities involving the following—
(a) the construction of light rail infrastructure, which includes the following—
(i) the widening or rerouting of existing light rail infrastructure,
(ii) associated works to utilities or utility services, including utilities associated with sewerage, drainage, gas, electricity or telecommunication services,
(iii) the extraction of materials necessary for the construction,
(iv) on site processing, including crushing, grinding or separating, of extracted materials or other materials used in the construction,
(b) the operation of light rail infrastructure, which includes the following—
(i) the on-site repair, maintenance or replacement of existing light rail infrastructure,
(ii) the operation of light rail vehicles on light rail tracks.
In this section—
The EPA is declared to be the appropriate regulatory authority for outdoor entertainment activities involving 200 persons or more, which are carried on at the following premises—
(a) the Trust lands, within the meaning of the Royal Botanic Gardens and Domain Trust Act 1980,
(b) the Trust lands, within the meaning of the Centennial Park and Moore Park Trust Act 1983,
(c) the Darling Harbour area,
(d) the Western Sydney Stadium,
(e) the land described in the Sporting Venues Authorities Act 2008, Schedule 4A, Part 1,
(f) the Opera House, within the meaning of the Sydney Opera House Trust Act 1961.
In this section—
(a) the Chinese Garden of Friendship,
(b) Tumbalong Park,
(c) Cockle Bay Promenade,
(d) Pyrmont Bridge,
(e) Cockle Bay,
(f) a public area in the Development Area.
(a) concerts,
(b) festivals,
(c) cinematic and theatrical events,
(d) sporting events,
(e) a rehearsal, sound check or other preparation for an activity listed in paragraphs (a)–(d).
(a) Lots 951–959 and 961–964, DP 42643,
(b) Crown land, part of Lot 80–3000.
The following public authorities are declared to be the appropriate regulatory authorities for entertainment activities carried on at Sydney Olympic Park—
(a) for an entertainment activity carried on by the State or a public authority—the EPA,
(b) otherwise—the Sydney Olympic Park Authority.
In this section—
(a) concerts,
(b) festivals,
(c) cinematic and theatrical events,
(d) sporting events,
(e) a rehearsal, sound check or other preparation for an activity listed in paragraphs (a)–(d).
The EPA is declared to be the appropriate regulatory authority for the following non-scheduled activities—
(a) the mixing of crushed or ground rock with bituminous materials, if the activity—
(i) has a capacity to produce more than 150 tonnes of bituminous mixture per day or 30,000 tonnes of bituminous mixture per year, and
(ii) is carried out otherwise than on, or adjacent to, a construction site to provide bituminous mixture for the site for a period totalling no more than 12 months,
(b) the production of pre-mixed concrete having a capacity to produce more than 30,000 tonnes per year of concrete,
Example— An example of the production of pre-mixed concrete is concrete batching plants.
(c) activities, other than mobile waste processing, that—
(i) include 1 or more of the scheduled activities described in the Act, Schedule 1, Part 1, and
(ii) is carried out by mobile plant,
(d) the transport of hazardous and other waste of more than 200 kilograms per load, other than the transport of excluded waste,
(e) the transport of waste tyres of more than 2 tonnes per load, other than the transport of excluded waste.
In this section—
(a) waste that is transported while dealing with an accident or emergency,
(b) lead acid batteries or waste oil collected for recovery,
(c) stormwater,
(d) waste to which the Act, Schedule 1, clause 48 applies.
(a) in the form of a powder, or
(b) that can be crumbled or reduced to powder by hand pressure when dry.
Terms used in this section that are defined in the Act, Schedule 1 have the same meanings as they have in the Schedule.
The EPA is declared to be the appropriate regulatory authority for a matter arising under the following—
(a) section 89B,
(b) section 89C,
(c) Chapter 9, Part 5 as in force from 1 September 2022 until its repeal by the Protection of the Environment Operations (General) Amendment (Regulation of PFAS) Regulation 2025.
The EPA is declared to be the appropriate regulatory authority for non-scheduled activities carried on at the Kooragang Island premises.
In this section—
The EPA is declared to be the appropriate regulatory authority for a matter arising under the Act, section 170H.
The EPA is declared to be the appropriate regulatory authority—
(a) for a matter arising under a notice, direction or requirement that continues to be in force and was made, issued or given under the Act—
(i) before 1 September 2019, and
(ii) by the EPA or an authorised officer of the EPA because the EPA was the appropriate regulatory authority for matters arising under the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2019, and
(b) until the notice or direction has been complied with or the requirement satisfied.
The EPA is declared to be the appropriate regulatory authority—
(a) for a non-scheduled activity that, immediately before 28 April 2008 was licensed as a waste activity, within the meaning of the Act, Schedule 1, as in force immediately before that day, and
(b) until the waste activity no longer continues.
An administrative fee unit for a licence fee period that begins on a date in the following period is the amount specified for the period—
(a) in the financial year 2022–23—$146,
(b) in the financial year 2023–24—$150,
(c) in the financial year 2024–25—$153,
(d) in the financial year 2025–26—$157,
(e) in the financial year 2026–27—$161,
(f) in each subsequent financial year—the amount, calculated in accordance with the following formula, rounded down to the nearest dollar—
where—
P is the amount of the administrative fee unit in the financial year immediately before the financial year for which the amount is to be calculated.A is the annual percentage change, expressed in decimals, in the Public Sector Wage Price Index for total hourly rates of pay excluding bonuses for the financial year immediately before the financial year for which the amounts are to be calculated.
If, in a financial year, the annual percentage change in the Public Sector Wage Price Index is not published by the Australian Statistician, the annual percentage change for the immediately preceding financial year applies.
The EPA must, on or before 31 December in 2027 and each following year—
(a) notify the Parliamentary Counsel of the amount of the administrative fee unit for the following financial year so notice of the amount may be published on the NSW legislation website, and
(b) publish on the EPA’s website the fee amounts that apply in that financial year resulting from the application of the administrative fee unit amount calculated under this section for that financial year.
Each period of 12 months commencing on the day a licence is issued is a
A licence fee period ends if the licence ceases to be in force but not if the licence is suspended.
A licence fee period is not affected by a transfer of the licence.
The EPA may, on the application of the licence holder or on its own initiative, change a licence fee period for a licence by written notice given to the licence holder—
(a) to provide common licence fee periods for different licences held by a person, or
(b) for another good cause.
The EPA may decline to deal with an application unless the licence holder pays the EPA a reasonable fee of an amount decided by the EPA for dealing with the application.
Despite another provision of this Regulation, if a licence fee period is changed under this section—
(a) the total of the licence fees for the licence in relation to all the periods affected by the change is the same as it would have been if the change had not been made, and
(b) the EPA must—
(i) make refunds in relation to fees already paid, or
(ii) require payment of an additional amount of fees for relevant licence fee periods.
An additional amount payable under subsection (3)(b)(ii) must be paid by the licence holder to the EPA not later than 60 days after notice is given of the change in a licence fee period.
For the Act, section 53(2)(c), an application for the issue of a licence specified in the table to this subsection must be accompanied by a fee (the
(a) the amount of an application fee unit for the financial year in which the application is made, and
(b) the number of application fee units specified for the licence in the table.
Licence | Number of application fee units |
A licence—
| 37 |
A licence—
| 88 |
A licence—
| 88 |
A licence—
| 178 |
A licence—
| 223 |
A licence for a scheduled activity that has been the subject of an approval relating to critical State significant infrastructure | 227 |
A licence—
| 37 |
Mobile waste processing | 41 |
Transportation of trackable waste | 4 |
The amount of an application fee unit for a financial year is the same as the amount of an administrative fee unit for the financial year.
Development carried out on land in an Activation Precinct that would be State significant development or State significant infrastructure if it were carried out on land outside an Activation Precinct is taken, for the purposes of this section, to be State significant development or State significant infrastructure.
A fee paid to the EPA as an approval body for integrated development under the Environmental Planning and Assessment Act 1979 for development requiring an environment protection licence must be deducted from the application fee for the licence.
In this section—
The EPA may refund the payment of all or part of an application fee if—
(a) the EPA refuses the application, or
(b) the applicant withdraws the application and the EPA receives written notice of the withdrawal from the applicant.
If the EPA refuses an application, the EPA may grant a refund considering the administrative costs incurred by the EPA in connection with the licence—
(a) on its own initiative, or
(b) if requested by the applicant—
(i) within 90 days of the applicant being notified of the refusal, or
(ii) after the time specified in subparagraph (i)—if the EPA is satisfied there are exceptional circumstances that justify the EPA in considering the request.
For the Act, section 57(1), the annual licence fee payable by a licence holder comprises fees that must be paid as follows—
(a) the administrative fee—within 120 days after the beginning of the licence fee period,
(b) if Schedule 1 specifies a load-based fee in relation to an activity controlled or authorised by the licence, the load-based fee—within 120 days after the end of the licence fee period.
The administrative fee is calculated in accordance with the following steps—
• Step 1—Calculate administrative fee units Multiply the amount of 1 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 one of the activities.
• Step 2—Work out environmental management category Work out the environmental management category for the licence holder in accordance with the environmental management calculation protocol.
• Step 3—Calculate administrative fee Multiply the amount calculated in accordance with step 1 by the environmental management factor specified in the Table to this section, Column 2, for the applicable environmental management category specified in the Table, Column 1.
Steps 2 and 3 do not apply for the purpose of calculating the administrative fee for the following—
(a) a licence relating to an activity declared by the Act, Schedule 1, clause 48 to be a scheduled activity,
(b) if an applicant for a licence relating to premises has not previously held a licence relating to the premises—the first licence fee period for the licence.
Table
Environmental management category | Environmental management factor |
A | 0.95 |
B | 1.0 |
C | 1.3 |
D | 1.6 |
E | 2.0 |
The EPA must issue a protocol (the
The EPA may vary or replace the environmental management calculation protocol from time to time.
The environmental management calculation protocol is issued, varied or replaced by notice published in the Gazette.
The environmental management calculation protocol must provide for the working out of environmental management categories by reference to matters specified in the protocol.
The matters specified must relate to a licence holder’s performance in managing environmental risks.
The environmental management calculation protocol takes effect from the date specified in the protocol.
When a replacement environmental management calculation protocol takes effect, the existing environmental management calculation protocol ceases to have effect.
The environmental management calculation protocol in force under this section must be made available on the EPA’s website.
This section applies if, within 60 days after the beginning of the relevant licence fee period, a licence holder does not give sufficient information to the EPA for the EPA to work out the correct environmental management category for the licence holder.
The EPA may, considering information available to it, work out the following—
(a) the environmental management category,
(b) the resulting amount of the administrative fee.
The amount of the administrative fee calculated is taken to be the correct fee amount unless the contrary is established by the person who is liable to pay the fee—
(a) in proceedings for the recovery of the fee, or
(b) in other proceedings relating to the fee.
This section applies if—
(a) during a licence fee period the EPA receives information from the licence holder, and
(b) the information causes the EPA to reasonably believe that the environmental management category for the licence holder may be incorrect.
The EPA may work out a new environmental management category for the licence holder.
The administrative fee for the licence fee period must be adjusted according to the new environmental management category.
The adjusted fee and new category must be notified to the licence holder in accordance with the Act, section 57(3).
An additional amount of a fee adjusted under this section must be paid by the licence holder to the EPA within 60 days after being notified of the new category.
This section applies if, during a licence fee period—
(a) an activity changes to an activity of a different classification or scale under the Act, Schedule 1, and
(b) the resultant administrative fee is greater than the administrative fee paid or payable for the period by at least the amount of 2 administrative fee units.
After the change in classification or scale—
(a) the EPA must adjust the administrative fee for the licence, and
(b) the difference between the resultant administrative fee and the administrative fee paid or payable for the period must be paid within 60 days after the change occurs.
The EPA may do one or more of the following if it considers it is appropriate to do so—
(a) refund the payment of all or a part of an administrative fee,
(b) refund the difference between the administrative fee paid and the lesser amount that would have been payable if—
(i) the administrative fee had been calculated on the actual level of the activity during the licence fee period to which the fee relates, or
(ii) during the licence fee period an activity changes to an activity of a different classification or scale,
(c) refund the difference between the administrative fee paid and the lesser amount payable as a result of an adjustment under section 27,
(d) waive the payment of all or a part of an administrative fee for a licence on approval of an application for the surrender of the licence.
The EPA may, considering the administrative costs incurred by the EPA in connection with the licence, grant a refund or waive payment as follows—
(a) on its own initiative,
(b) if requested by the licence holder—
(i) within 120 days after the end of the licence fee period to which the fee relates, or
(ii) after the time specified in subparagraph (i)—if the EPA is satisfied there are exceptional circumstances that justify the EPA in considering the request.
A refund is available under this section only if the amount to be refunded is at least 2 administrative fee units.
The EPA may give a refund by—
(a) offsetting it against an amount owed by the licence holder to the EPA, or
(b) otherwise refunding it to the licence holder.
If the following amounts are not paid by the due date, the amount payable is increased at the late payment standard rate—
(a) an administrative fee, including an additional amount payable under section 27 or 28,
(b) an additional amount payable under section 20(3)(b)(ii).
The increased amount is prescribed as a penalty for the Act, section 57(4).
The EPA may refund, or waive the payment of, all or a part of the increased amount as follows—
(a) if the EPA considers it is appropriate to do so,
(b) considering 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 way,
(c) to give industry incentives for ongoing improvements in environmental performance and the adoption of cleaner technologies,
(d) to provide incentives complementary to existing regulation and education programs for environmental protection.
A licence holder must, for each assessable pollutant for each activity controlled or authorised by the licence, calculate and record the following—
(a) the actual load of the pollutant discharged as a result of the carrying out of the activity, and
(b) the actual load for nitrogen oxides and VOCs discharged in the Sydney basin area during the summer period of each licence fee period if the particular pollutant is an assessable pollutant in relation to the activity.
To calculate the actual load of an assessable pollutant, the licence holder must—
(a) use one of the methods provided for the activity in a load calculation protocol,
(b) if there is no load calculation protocol or if the protocol provides for no method for the activity—take the actual load for each assessable pollutant to be zero.
This section applies whether or not—
(a) the pollutants referred to in this section were discharged in accordance with the licence, or
(b) the licence holder intends to use a weighted load or an agreed load for the purposes of calculating the load-based fee for the licence.
The licence holder must carry out all necessary monitoring and other steps to enable the calculations of actual loads required by this section to be made for—
(a) each licence fee period, and
(b) each summer period.
The EPA may issue a protocol (a
The EPA may vary or replace a load calculation protocol from time to time.
A load calculation protocol is issued, varied or replaced by notice published in the Gazette.
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, including—
(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 if—
(i) 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) a licence holder receives onto the licence holder’s premises naturally occurring loads of assessable pollutants.
A load calculation protocol may also provide for a reduction in the actual load of a licence holder, for the purpose of the calculation of a load-based fee if—
(a) assessable pollutants are transferred to another person’s premises under an arrangement where the other person pays the EPA the amount by which the load-based fee payable by the licence holder is reduced because of the transfer, or
(b) the discharge of a pollutant to which the fee relates is reduced—
(i) at premises other than the premises where the activity is carried on, and
(ii) as a result of action taken by the licence holder in connection with that activity.
Example— 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.
When a replacement load calculation protocol takes effect in relation to an activity, the existing load calculation protocol in relation to the activity ceases to have effect.
A copy of the load calculation protocol in force under this section must be available for inspection and purchase, for a reasonable amount decided by the EPA, by members of the public at the principal office of the EPA.
The EPA may, under a scheme, 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 relevant licence fee periods.
The EPA may terminate the scheme at any time—
(a) because of a failure by the licence holders to pay the load-based fees, or
(b) for another reason.
If the EPA terminates the scheme, the load-based fees for the relevant licence fee periods—
(a) must be re-calculated, and
(b) become payable for the periods as if the scheme had not been developed and implemented.
This section is subject to the terms of the scheme.
This section does not limit a scheme that may be developed and implemented under the Act, Part 9.3.
In this section—
If, within 60 days after the end of the relevant licence fee period, a licence holder does not give sufficient information to the EPA for the EPA to be able to confirm the correct amount of a load-based fee—
(a) the EPA may calculate the amount of the load-based fee considering relevant information available to it, and
(b) the amount calculated is taken to be the correct fee amount unless the contrary is established by the person who is liable to pay the fee—
(i) in proceedings for the recovery of the fee, or
(ii) in other proceedings relating to the fee.
This section applies if, during the licence fee period, an activity changes to an activity of a different classification or scale under the Act, Schedule 1.
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—
(a) before the change in the classification or scale of the activity, and
(b) after the change.
If a person, in payment of a load-based fee, pays an amount 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 as follows—
(a) on its own initiative,
(b) if the person applies for a refund—
(i) within 120 days after the end of the licence fee period to which the fee relates, or
(ii) after the time specified in subparagraph (i)—if the EPA is satisfied there are exceptional circumstances that justify the EPA in considering the application.
If the fee is not paid by the due date for its payment, the fee payable is increased at the late payment rate.
The increased amount is prescribed as a penalty for the Act, section 57(4).
The EPA may, considering the administrative costs incurred by the EPA in connection with the licence, refund, or waive the payment of, all or a part of the increased amount as follows—
(a) if the EPA is satisfied 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,
(b) if the EPA considers it is appropriate to do so.
Subsection (3)(a) does not excuse the licence holder from calculating and paying the load-based fee in relation to some of the pollutants if the calculation is not beyond the control of the licence holder.
The load-based fee is calculated in accordance with the following steps—
• Step 1—Work out activity classification and specified assessable pollutants Refer to Schedule 1 to work out—
(i) the classifications of the activities authorised or controlled by the licence during the relevant licence fee period, and
(ii) the assessable pollutants specified in relation to each classification.
• Step 2—Calculate assessable load for assessable pollutants Calculate the assessable load of each assessable pollutant discharged during the relevant licence fee period.
• Step 3—Calculate fee rate threshold for assessable pollutants Calculate the fee rate thresholds for each assessable pollutant discharged during the licence fee period.
• Step 4—Calculate fee for assessable pollutants Calculate the fee for each assessable pollutant discharged during the licence fee period.
• Step 5—Total fee for assessable pollutants Total the fees for each assessable pollutant.
• Step 6—Re-apply Steps 2–5 for discharge of nitrogen oxides or VOCs in Sydney basin area in summer If nitrogen oxides or VOCs are discharged in the Sydney basin area during the summer period of the licence fee period and are assessable pollutants for the classification of the activity—re-apply Steps 2–5 in relation to the pollutants and add the resulting amount to the amount calculated under Step 5.
Note— A discharge of nitrogen oxides or VOCs in the Sydney basin area during the summer period of the licence fee period must 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 administrative fee amount Subtract the amount of the administrative fee for the licence fee period, other than the amount of an increase in the administrative fee as a penalty for the late payment of the fee.
If the load-based fee is less than zero, the fee is taken to be 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 relation to 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 the 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 the Schedule.
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 the activity in Schedule 1, by 20,000, as the units of measure for ceramic production shown in the Schedule 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 the classifications.
To calculate the fee for each assessable pollutant discharged during the licence fee period—
(a) if the assessable load is greater than the fee rate threshold—use the formula set out in subsection (2) (
Formula 1 ), or(b) otherwise—use the formula set out in subsection (3) (
Formula 2 ).
In formulae 1 and 2—
The pollutant critical zone weightings for an assessable pollutant shown in Schedule 2, Part 1, Table 1 or 2, Column 1, are as follows—
(a) if the pollutant is discharged into a zone shown in the Table, Column 2 opposite the pollutant—the weighting specified in the Table, Column 3 opposite the pollutant,
(b) otherwise—1.
If a licence authorises or controls the discharge of a pollutant into more than one critical zone, the pollutant critical zone weighting is the weighting applicable to the zone into which the majority of the pollutant is discharged.
The pollutant weightings for an assessable pollutant are as follows—
(a) for an air pollutant shown in Schedule 2, Part 2, Table 1, Column 1—the weighting specified opposite the pollutant in the Table, Column 3,
(b) for a water pollutant shown in Schedule 2, Part 2, Table 2, Column 1—the weighting specified opposite the pollutant in the following—
(i) if the pollutant is discharged into open coastal waters—the Table, Column 3,
(ii) if the pollutant is discharged into estuarine waters—the Table, Column 4,
(iii) if the pollutant is discharged into enclosed waters—the Table, Column 5.
A pollutant fee unit for a licence fee period that begins on a date in the following periods is the amount specified for the period—
(a) in the financial year 2022–23—$53.73,
(b) in the financial year 2023–24—$54.85,
(c) in the financial year 2024–25—$55.45,
(d) in the financial year 2025–26—$56.06,
(e) in the financial year 2026–27—$56.68,
(f) in each subsequent financial year—the amount, calculated in accordance with the following formula, rounded to the nearest cent with an amount of 0.5 cent to be rounded down—
where—
P is the amount of the pollutant fee unit in the financial year immediately before the financial year for which the amount is to be calculated.A is the average of the percentage change, expressed in decimals and rounded to 2 decimal places, in the CPI for the September, December, March and June quarters from the financial year immediately before the financial year for which the amount is to be calculated.
If, in a financial year, the percentage change in the CPI for the September, December, March and June quarters is not published by the Australian Statistician, the percentage change that applied in the immediately preceding financial year applies.
The EPA must, on or before 31 December in 2027 and each following year—
(a) notify the Parliamentary Counsel of the amount of the pollutant fee unit for the following financial year so notice of the amount may be published on the NSW legislation website, and
(b) publish on the EPA’s website the amounts of fees that apply in that financial year resulting from the application of the amount of the pollutant fee unit for that financial year calculated under this section.
For the purpose of a calculation required to be carried out under Step 6 of the load-based fee calculation—
(a) the following references must be read as follows—
(i) the quantity of activity during the licence fee period—the quantity of activity during the summer period of the licence fee period,
(ii) an assessable pollutant discharged during a licence fee period—nitrogen oxides or VOCs discharged during the summer period of the licence fee period, and
(b) the pollutant critical zone weightings for nitrogen oxides or VOCs discharged during the period is 28.
A licence holder or applicant for a licence may, in a form approved by the EPA, apply for a load reduction agreement with the EPA of a maximum term of 4 years.
The EPA may—
(a) enter into the agreement, or
(b) decline to enter into the agreement if—
(i) the agreement is unlikely to produce a load-based fee reduction of at least $2,000 over the term of the agreement, or
(ii) 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 the time, or
(iii) otherwise.
In this section—
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 to attain the agreed load, and
(c) set out the circumstances in which amounts must be paid to the EPA on termination or expiry of the agreement, and
(d) include conditions requiring the licence holder to—
(i) 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) notify the EPA if the licence holder becomes aware it is likely the licence holder will not be able to attain the agreed load.
A load reduction agreement may include a condition requiring the licence holder to supply a financial assurance to the EPA to secure obligations if the agreement is terminated or expires, which 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 the liability of the licence holder,
(c) the effect of failure to provide a financial assurance.
The financial assurance may be in one or more of the following forms—
(a) a bank guarantee,
(b) a bond,
(c) another form of security 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 the EPA and—
(a) the person who has entered into the agreement, or
(b) for a licence that is transferred—the transferee.
A load reduction agreement has the effect 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.
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 must not be more than—
(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 was not more than the agreed load, or
(b) an amount decided by the EPA, after consultation with the licence holder, that is higher than the agreed load if the reported load for the period was more than the agreed load.
The licence holder may terminate a load reduction agreement before the end of the term of the agreement in accordance with the agreement.
The licence holder is taken to have terminated a load reduction agreement if—
(a) the licence holder surrenders the licence, or
(b) the licence is suspended or revoked, or
(c) the licence holder closes its operations or otherwise ceases to operate before the agreement expires.
The EPA may terminate a load reduction agreement if—
(a) the EPA is of the opinion the licence holder is unlikely to—
(i) attain the agreed load before the end of the agreement, or
(ii) 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 relation to an assessable pollutant if the reported load for the immediately preceding licence fee period was not more than the agreed load for the pollutant under the agreement, or
(b) must pay to the EPA the amounts calculated in accordance with this section if the reported load for the immediately preceding licence fee period was more than the agreed load for the pollutant under the agreement.
The amounts payable on termination or expiration are as follows—
(a) for a licence fee period during the agreement in which the reported load was more than the agreed load, the difference between—
(i) the fee that would have been payable for the period if the reported load had been equal to the agreed load under the agreement, and
(ii) the fee that would have been payable for the period but for the agreement,
(b) for a licence fee period during the agreement in which the reported load for the pollutant was not more than the agreed load—no amount is payable,
(c) the amount of simple interest on an amount payable under this subsection calculated at the rate of 20% per annum from the date that is 60 days after the end of each licence fee period.
Subsection (1) does not apply in relation to a load reduction agreement entered into before 30 June 2009.
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 by the due date for its payment, the amount must be increased at the late payment standard rate.
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 must be paid in the amounts and on the dates as the EPA specifies in the approval.
If an instalment is not paid by the due date for its payment, an amount calculated at the late payment standard rate must be 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 the termination.
There is constituted by this Regulation a body corporate to be called the Load-based Licensing Technical Review Panel.
The Review Panel must have 7 members appointed by the Minister.
Of the members—
(a) 2 must be members of staff of the EPA or the Department of Planning and Environment nominated by the Chairperson, and
(b) 5 must be persons having appropriate scientific or technical qualifications or experience—
(i) 2 of whom must be representatives of industry, and
(ii) 1 of whom must be a representative of environment groups, and
(iii) 1 of whom must be a representative of local government, and
(iv) 1 of whom must be nominated by, and be a representative of, the Chairperson.
The person nominated under subsection (2)(b)(iv) must not be—
(a) a member of staff of the EPA or the Department of Planning and Environment, or
(b) a representative of industry, environment groups or local government.
The Review Panel must advise the EPA about the current or desirable contents of the load calculation protocols that the EPA may refer to the Review Panel.
The Review Panel may also advise the EPA on other matters in connection with licences that the EPA may refer to the Review Panel.
For the purpose of providing the advice, the Review Panel may seek, receive and consider submissions from interested persons and may gather relevant information from any source.
Schedule 4 contains provisions relating to the membership and procedure of the Review Panel.
For the Act, section 47(3), work is specified as scheduled development work if the work—
(a) is carried on at a premises at which scheduled activities of a class listed in the Act, Schedule 1 are carried on, and
(b) is designed to enable scheduled activities of a different class listed in the Schedule not authorised by a licence to be carried on at the premises.
For the Act, section 52(1)(a), the prescribed period is 9 months.
The Environmental Planning and Assessment Act 1979, Part 5, does not apply to the issue of an environment protection licence referred to in the Act, section 52(1) to the extent that 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 the Act, section 61 or 80, of the reasons for the grant or refusal of a licence application must set out the following matters, in addition to other matters the authority considers appropriate—
(a) the significant environmental or other issues the authority took into account in making its decision on the licence application,
(b) relevant significant environmental outcomes, standards or requirements the authority—
(i) considered applicable to the activity the subject of the application, and
(ii) took into account in making its decision on the application.
A statement of reasons may set out the above matters by reference to information set out in a document that is—
(a) available to the person requesting the statement of reasons, or
(b) otherwise publicly available.
For the Act, section 54(2)(c), 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 a 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 a fee or other amount in relation to the licence or another licence and the default continues.
This section does not limit the grounds on which an application may be refused.
For the Act, section 83(2)(o), the appropriate regulatory authority may take into account whether the person has, within the previous 3 years, failed to pay a fee or other amount payable under the environment protection legislation or has paid the fee or amount late.
For the Act, section 83(5), 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 the Act, Schedule 4.14,
(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 a liability of the person under this Chapter in a way that it thinks fit.
A licence holder must keep all records used by the licence holder to calculate the amount of a licence fee under Chapter 3, 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) for a corporation—200 penalty units, or
(b) for an individual—200 penalty units.
A licence holder is liable to a penalty under subsection (1) in addition to the licence fee.
In this Chapter—
A PIRM plan—
(a) must be in written form, and
(b) may form part of another document required to be prepared under or in accordance with another law if the information required to be included in the PIRM plan is readily identifiable as that information in that other document.
For the Act, section 153C(d), the following matters must be included in a PIRM plan—
(a) a description of the hazards to human health or the environment associated with the activity to which the licence relates (the
relevant activity ),(b) the likelihood of the hazards occurring, including details of conditions or events that could, or would, increase the likelihood,
(c) details of the pre-emptive action to be taken to minimise or prevent a risk of harm to human health or the environment arising out of the relevant activity,
(d) an inventory of potential pollutants on the premises or used in carrying out the relevant activity,
(e) the maximum quantity of a pollutant likely to be stored or held at particular locations, including underground tanks, at or on the premises to which the licence relates,
(f) a description of the safety equipment or other devices used to minimise the risks to human health or the environment and to contain or control a pollution incident,
(g) the names, positions and 24-hour contact details of individuals who—
(i) are responsible for activating the PIRM plan, and
(ii) are authorised to notify relevant authorities under the Act, section 148, and
(iii) are responsible for managing the response to a pollution incident,
(h) the contact details of each relevant authority referred to in the Act, section 148,
(i) details of the mechanisms for providing early warnings and regular updates to the owners and occupiers of premises near the premises to which the licence relates or where the scheduled activity is carried on,
(j) the arrangements for minimising the risk of harm to persons who are on the premises or who are present where the scheduled activity is being carried on,
(k) a detailed map, or set of maps, showing the location of the premises to which the licence relates, the surrounding area likely to be affected by a pollution incident, the location of potential pollutants on the premises and the location of stormwater drains on the premises,
(l) a detailed description of how an identified risk of harm to human health will be reduced, including, as a minimum, by early warnings, updates and the action to be taken during or immediately after a pollution incident to reduce the risk,
(m) the nature and objectives of a staff training program in relation to the PIRM plan,
(n) the dates on which the PIRM plan has been tested and the name of the person who carried out the test,
(o) the dates on which the PIRM plan is updated,
(p) the way in which the PIRM plan must be tested and maintained.
For the Act, section 153C(d), the following must be included in a PIRM plan for a relevant licence—
(a) the names, positions and 24-hour contact details of each individual who is—
(i) responsible for activating the PIRM plan, or
(ii) authorised to notify relevant authorities under the Act, section 148, or
(iii) responsible for managing the response to a pollution incident,
(b) the contact details of each relevant authority referred to in the Act, section 148,
(c) a community engagement protocol that includes procedures for notifying people living or working near a pollution incident and keeping them informed of relevant matters,
(d) details of pre-emptive action required to minimise or prevent a risk of harm to human health or the environment arising out of the activity, including, as a minimum, action that complies with the requirements set out in the Protection of the Environment Operations (Waste) Regulation 2014, clauses 70, 72 and 73,
(e) the nature and objectives of a staff training program in relation to the PIRM plan,
(f) the date on which the PIRM plan is tested and the name of the person who carried out the test,
(g) the method for testing and maintaining the PIRM plan.
Section 72 does not apply to a PIRM plan for a relevant licence.
In this section—
(a) an environmentally hazardous activity within the meaning of the Act, Schedule 1, clause 46,
(b) an activity to which the Act, Schedule 1, clause 48 applies.
A PIRM plan must be made readily available—
(a) to an authorised officer on request, and
(b) to a person who is responsible for implementing the PIRM plan at the premises—
(i) to which the relevant licence relates, or
(ii) where the activity takes place.
A PIRM plan must be made publicly available in the following way within 14 days after it is prepared—
(a) in a prominent position on a publicly accessible website of the person who is required to prepare the PIRM plan,
(b) if the person does not have a website—by providing a copy of the PIRM plan, without charge, to a person who makes a written request for a copy.
Subsection (2) applies only in relation to a part of a PIRM plan that includes the information required under—
(a) the Act, section 153C(a), and
(b) this Regulation, section 72(h) and (i) or 73(b)(ii) and (iii).
Personal information, within the meaning of the Privacy and Personal Information Protection Act 1998, is not required to be included in a PIRM plan made available to a person other than an authorised officer.
A PIRM plan must be tested—
(a) routinely at least once every 12 months, and
(b) if a pollution incident occurred during an activity to which an environment protection licence relates, which caused or threatened material harm to the environment, within the meaning of the Act, section 147—within 1 month of the incident occurring.
The test must be carried out in a way to ensure the following—
(a) the information included in the PIRM plan is accurate and up to date,
(b) the PIRM plan is capable of being implemented in a workable and effective way.
A test carried out under subsection (1)(b) must assess the matters specified in subsection (2) in light of the incident.
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 way approved by the EPA, and
(b) be supported by information required by the EPA.
The EPA may require the applicant to provide to the EPA, within a specified time, further particulars the EPA considers necessary to decide the suitability of the applicant.
The EPA must—
(a) decide an application by granting or refusing to grant the application, and
(b) give written notice of the decision to the applicant, including, if the application is granted, notice of—
(i) the date from which the approval takes effect, and
(ii) the conditions to which the approval is subject.
The EPA may refuse to grant the application—
(a) if, in its opinion the applicant is not a fit and proper person to carry out tests or inspections, or
(b) for a reason the EPA considers appropriate.
An approval—
(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) must be given in the way and in the form approved by the EPA, and
(d) may be given unconditionally or subject to conditions the EPA considers appropriate.
A person must not hold out as a person authorised to carry out tests or inspections, or issue an approved mechanic’s report in relation to a test or inspection, unless the person is an approved mechanic.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) for 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 must—
(a) be made in the way and form approved by the EPA, and
(b) be supported by information required by the EPA.
The EPA may require the applicant to provide to the EPA, within a specified time, further particulars the EPA considers necessary to decide the suitability of the applicant and the premises for the approval.
The EPA must—
(a) decide an application by granting or refusing to grant the application, and
(b) give written notice of the decision to the applicant, including, if the application is granted, notice of—
(i) the date from which the approval takes effect, and
(ii) the conditions to which the approval is subject.
The EPA may refuse to grant the application—
(a) if, in its opinion—
(i) 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
(ii) the applicant is not a fit and proper person to carry out the responsibilities associated with using the premises for that purpose, or
(b) for a reason the EPA considers appropriate.
An approval—
(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) must be given in the way and in the form approved by the EPA, and
(d) may be given unconditionally or subject to conditions 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—
(a) for a corporation—200 penalty units, or
(b) for an individual—100 penalty units.
The maximum fee that may be charged for the carrying out of a test or inspection of a motor vehicle other than a motorcycle is as follows—
(a) in the financial year 2022–23—$89.65,
(b) in the financial year 2023–24—$91.35,
(c) in the financial year 2024–25—$93.10,
(d) in the financial year 2025–26—$94.85,
(e) in the financial year 2026–27—$96.65,
(f) in each subsequent financial year—the amount calculated in accordance with the following formula, rounded to the nearest 5 cents with an amount of 0.5 cents to be rounded down—
where—
P is the amount of the maximum fee in the financial year immediately before the financial year for which the amount is to be calculated.A is the annual percentage change, expressed in decimals, in the Private Sector Wage Price Index for total hourly rates of pay excluding bonuses for the financial year immediately before the financial year for which the amounts are to be calculated.
If, in a financial year, the annual percentage change in the Private Sector Wage Price Index is not published by the Australian Statistician, the annual percentage change for the immediately preceding financial year applies.
The EPA must, on or before 31 December in 2027 and each following year—
(a) notify the Parliamentary Counsel of the amount of the fee for the following financial year so notice of the amount may be published on the NSW legislation website, and
(b) publish on the EPA’s website the fee amount that applies in that financial year.
The maximum fee that may be charged for the carrying out of a test or inspection of a motorcycle is as follows—
(a) in the financial year 2022–23—$59.50,
(b) in the financial year 2023–24—$60.65,
(c) in the financial year 2024–25—$61.80,
(d) in the financial year 2025–26—$62.95,
(e) in the financial year 2026–27—$64.15,
(f) in each subsequent financial year—the amount calculated in accordance with the following formula, rounded to the nearest 5 cents with an amount of 0.5 cents to be rounded down—
where—
P is the amount of the maximum fee in the financial year immediately before the financial year for which the amount is to be calculated.A is the annual percentage change, expressed in decimals, in the Private Sector Wage Price Index for total hourly rates of pay excluding bonuses for the financial year immediately before the financial year for which the amounts are to be calculated.
If, in a financial year, the annual percentage change in the Private Sector Wage Price Index is not published by the Australian Statistician, the annual percentage change for the immediately preceding financial year applies.
The EPA must, on or before 31 December in 2027 and each following year—
(a) notify the Parliamentary Counsel of the amount of the fee for the following financial year so notice of the amount may be published on the NSW legislation website, and
(b) publish on the EPA’s website the fee amount that applies in that financial year.
An approved mechanic who carries out a test or inspection must, in accordance with conditions of the mechanic’s approval, complete a report in the form approved by the EPA (an
Copies of an approved mechanic’s report that has been completed must be given to the following in accordance with the conditions of an approval under this Chapter—
(a) the owner of the relevant motor vehicle or a person acting on behalf of the owner,
(b) the EPA.
A person must not issue an approved mechanic’s report in relation to a test or inspection if the person knows, or ought reasonably to suspect, the report is false or misleading in a material particular.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) for an individual—100 penalty units.
The holder of an approval for an approved inspection station who allows an approved mechanic’s 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, the report is false or misleading in a material particular.
Maximum penalty—
(a) for a corporation—200 penalty units, or
(b) for an individual—100 penalty units.
The EPA may vary an approval given under this Chapter, including the conditions of an approval, by written notice.
A variation includes the following—
(a) the attaching of a condition to an approval, whether or not a condition has already been attached,
(b) the substitution, omission or 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.
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 written notice to the EPA.
The surrender of an approval under this section 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 written notice, 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 to which the approval applies no longer satisfies the relevant requirements for the approval, 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 of the opinion the holder is not a fit and proper person to continue to hold the approval.
A suspension of an approval under this section may be for a specified period or until further written notice by the EPA to the holder of the approval.
A suspension or revocation of an approval under this section operates from—
(a) the day the notice of the suspension or revocation is given to the holder of the approval, or
(b) a later day specified in the notice.
The EPA must not suspend or revoke an approval under this section unless before doing so it has—
(a) given notice to the holder of the approval that it intends to do so, and
(b) specified in the notice the reasons for its intention to do so, and
(c) given the holder a reasonable opportunity to make submissions in relation to the proposed suspension or revocation, and
(d) taken into consideration submissions by the holder.
An approval may be revoked under this section during the currency of a suspension.
The Act, section 120 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 in relation to conduct authorised by a permission in force under the Environment Protection Act 2017 of Victoria.
The EPA may, by order in writing served on the person, declare that the exemption under this section no longer applies to the person in relation to pollution from the premises.
The Act, section 120 does not apply to the discharge of pollutants into a sewer if the discharge has the lawful approval of the following—
(a) in relation to a sewer within the area of operations of a sewage authority—the sewage authority,
(b) otherwise—a person who has ownership or control of the sewer.
In this section—
(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 the Local Government Act 1993, Chapter 6, Part 3, Division 2.
The Act, section 120 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 the Marine Pollution Regulation 2014, Part 3, and
(b) the discharge occurs in navigable waters other than waters referred to in that Regulation, clause 15(1), and
(c) at the time of the discharge, the vessel is being operated in accordance with a plan of management approved for the vessel under that Regulation, clause 31.
In this section—
The Act, section 120 does not apply to the operation of an engine propelling a vessel, unless—
(a) the engine is operated to dredge sediments, or
(b) the engine has been modified to discharge bilge water as it operates, or
(c) the engine has not been properly maintained so as to minimise pollution.
The Act, section 120 does not apply to the release of water that is more than 2°C colder than the water into which it is discharged if the water is released—
(a) from a water supply work authorised by an approval under the Water Management Act 2000 that contains one or more conditions relating to the work of a type specified in that Act, section 100(3), 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.
In this part—
(a) a per- or poly-fluoroalkyl substance, which are substances that contain within their molecular structure a straight or branching chain of carbon atoms in which one or more of the carbon atoms have fluorine atoms attached at all bonding sites not occupied by another carbon atom, and
(b) listed in Schedule 7 of the NSW IChEMS register.
The Act, section 296C does not apply to the use of PFAS firefighting foam if the foam is to be used—
(a) by Transport for NSW, or an employee of Transport for NSW or a contractor acting on behalf of Transport for NSW, and
(b) to prevent, extinguish or attempt to extinguish a fire that, in the opinion of the person using the foam—
(i) is a combustible accelerant fire, or
(ii) has the potential to be a combustible accelerant fire.
The Act, section 296C does not apply to the use of PFAS firefighting foam if the foam is to be used—
(a) to prevent, extinguish or attempt to extinguish a fire that, in the opinion of the person using the foam—
(i) is a combustible accelerant fire, or
(ii) has the potential to be a combustible accelerant fire, and
(b) in one or more of the following circumstances—
(i) on premises to which environment protection licence number 570, 660 or 661 applies,
(ii) on premises to which environment protection licence number 837 applies,
(iii) on premises to which environment protection licence number 1969 applies,
(iv) on premises to which environment protection licence number 6950 applies,
(v) within the Lane Cove Tunnel, being the tunnel connecting Epping Road at Mowbray Road West with the Gore Hill Freeway.
This part and Schedule 10, definitions of
The warrant was granted subject to the following additional terms: *
* Delete if inapplicable.
the Act, section 280
A warrant has been granted by a Magistrate.
The warrant gives the authority and power to police to enter premises and—
(a) 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) 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 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 reasonable force 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.
A person who, immediately before the repeal of the Protection of the Environment Operations (General) Regulation 2021, is a member of the Load-based Licensing Technical Review Panel under that Regulation, Chapter 2, Part 2, is taken to be a member of the Review Panel under this Regulation until the member completes the member’s term of office, as specified in the member’s instrument of appointment, or the office of the member otherwise becomes vacant in accordance with Schedule 4, section 5.
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 Schedule 2, Part 2 extends to the whole of that period.
A person is not required to pay an application fee for a licence for the scheduled activity of extractive activities if the person—
(a) previously held a licence for the activity, and
(b) surrendered the licence because it was no longer required following the commencement of the Protection of the Environment Operations Legislation Amendment (Scheduled Activities) Regulation 2019, and
(c) is now required to hold the licence because of the commencement of this Regulation.
Omit “oysters” from clause 3(1).
Insert instead “bivalve molluscs and seaweed propagules”.
Omit “for the primary purpose of the sale of extracted material”.
Omit the subclauses. Insert instead—
However, this clause does not apply to the following—
(a) cut and fill operations, or the excavation of foundations or earthworks, that are ancillary to development that is subject to development consent or approval under the Environmental Planning and Assessment Act 1979,
(b) extractive activities to which clauses 33 or 35 applies.
The activities to which this clause applies are declared to be scheduled activities if they involve the extraction or processing of more than—
(a) for maintenance dredging of a navigation channel for vessels carried out by or on behalf of a public authority—30,000 cubic metres of extractive materials per year, or
(b) otherwise—30,000 tonnes extractive materials per year, where 0.65 cubic metres of extractive material that is wet is taken to weigh 1 tonne.
For the purposes of this clause, if more than 30,000 tonnes of extractive material is transported in a year from premises at which extraction occurs, more than 30,000 tonnes of extractive material are taken to have been extracted in that year at the premises.
Omit the definitions of
Insert in alphabetical order—
(a) of animals used for the production of milk (
dairy animals ), and(b) in free stall complexes, feed pads, loading pads, milking sheds or stand-off areas, but not in pasture, calving areas or calving sheds.
Omit the subclauses. Insert instead—
This clause applies to the following activities—
(a) refining, distillation, fermentation, esterification, pyrolysis, cracking or hydrogenation, or
Note— Refining may occur in the processing of crude petroleum or shale oil, fermentation in the production of ethanol and esterification in the production of biodiesel.
(b) another means, other than blending or mixing, involving the chemical transformation of hydrocarbons or the separation, purification or liquefaction of hydrocarbon mixtures.
Blending may occur in the production of lubricants and fuels.
However, this clause does not apply to—
(a) the activity of blending a fuel with ethanol or biodiesel if the activity is carried on at a petroleum fuel storage terminal and the occupier of the premises is, at the time the activity is carried on, the holder of an environment protection licence authorising the activity of petroleum products storage, or
(b) the activity of blending additives with fuel to produce petroleum products if the activity is—
(i) carried on at a service station and the petroleum products are sold only at the service station, or
(ii) carried on at a petroleum fuel storage terminal and the occupier of the premises is, at the time the activity is carried on, the holder of an environment protection licence authorising the activity of petroleum products storage.
Omit “The”. Insert instead “Each”.
Insert in alphabetical order—
Omit “eastbound and westbound tunnels connecting the Kings Cross Tunnel”.
Insert instead “tunnel connecting New South Head Road at Rushcutters Bay”.
Omit “Freeway”. Insert instead “Motorway”.
Omit “eastbound and westbound tunnels that form”. Insert instead “tunnel that forms”.
Omit “M5 Tunnel”. Insert instead “M8 Tunnel”.
Omit “M5 East Motorway”. Insert instead “M8 Tunnel”.
Insert “and the Rozelle Interchange” after “St Peters”.
Omit “northbound and southbound tunnels”. Insert instead “tunnel”.
Insert after clause 35A(1)(i)—
the Western Harbour Tunnel, being the tunnel that forms part of the Western Harbour Tunnel and Warringah Freeway Upgrade Project connecting the M4–M5 Link at Rozelle to the Warringah Freeway at North Sydney,
the M6, being the M6 Tunnel connecting the M8 Motorway at Arncliffe to President Avenue at Kogarah.
Omit “or chemicals” wherever occurring.
Insert instead “, chemicals, sand, soil, clay, sandstone, gravel, stone or similar substances”.
section 3
(a) in relation to air pollutants—Approved Methods for the Sampling and Analysis of Air Pollutants in New South Wales,
(b) in relation to environmental noise pollutants—Approved Methods for the Measurement and Analysis of Environmental Noise in NSW,
(c) in relation to noise pollutants—Approved Methods for Testing Noise Emissions,
(d) in relation to water pollutants—Approved Methods for the Sampling and Analysis of Water Pollutants in New South Wales.
(a) are ordinarily subject to tidal influence, and
(b) 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.
(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 the 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.
(a) including compounds containing oxygen, nitrogen or other elements, but
(b) excluding methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides and carbonate salts.
(a) a decommissioned petroleum well, or
(b) a slim core hole drilled for the purpose of recovering information about petrology, lithology, stratigraphy or geological structure and not for the purpose of petroleum production.
Protection of the Environment Operations (General) Regulation 2022 (449). LW 12.8.2022. Date of commencement, 1.9.2022, sec 2. This Regulation has been amended as follows—
No 59 | Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2. | |
(811) | Protection of the Environment Operations (Clean Air) Regulation 2022. LW 16.12.2022. Date of commencement, 16.12.2022, sec 2. | |
(51) | Protection of the Environment Operations Legislation Amendment (Miscellaneous) Regulation 2023. LW 17.2.2023. Date of commencement, on publication on LW, sec 2. | |
No 53 | 24-Hour Economy Commissioner Act 2023. Assented to 12.12.2023. Date of commencement of Sch 4.5, 1.7.2024, sec 2(a)(iii) and 2024 (211) LW 21.6.2024. | |
No 10 | Environmental Legislation Amendment (Hazardous Chemicals) Act 2024. Assented to 25.3.2024. Date of commencement, assent, sec 2. | |
No 20 | Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Act 2024. Assented to 3.4.2024. Date of commencement of Sch 10, assent, sec 2(c). | |
No 67 | Ports and Maritime Administration Amendment Act 2024. Assented to 30.9.2024. Date of commencement of Sch 5, assent, sec 2(b). | |
No 76 | 24-Hour Economy Legislation Amendment (Vibrancy Reforms) Act 2024. Assented to 31.10.2024. Date of commencement of Sch 5.4, assent, sec 2(b). | |
No 1 | Protection of the Environment Legislation Amendment (FOGO Recycling) Act 2025. Assented to 2.3.2025. Date of commencement, assent, sec 2. | |
(331) | Protection of the Environment Operations (General) Amendment (Regulation of PFAS) Regulation 2025. LW 4.7.2025. Date of commencement, on publication on LW, sec 2. |
Sec 6 | Am 2025 (331), Sch 1[1]. |
Sec 7 | Am 2024 No 20, Sch 10[1] [2]; 2025 No 1, Sch 2[1]. |
Sec 14 | Am 2025 (331), Sch 1[2] [3]. |
Sec 15A | Ins 2025 No 1, Sch 2[2]. |
Sec 73 | Subst 2024 No 10, Sch 2.5[1]. |
Chapter 6, Part 1A | Ins 2025 (331), Sch 1[4]. |
Sec 89A | Ins 2025 (331), Sch 1[4]. |
Sec 89B | Ins 2025 (331), Sch 1[4]. |
Sec 89C | Ins 2025 (331), Sch 1[4]. |
Sec 89D | Ins 2025 (331), Sch 1[4]. |
Sec 91A | Ins 2023 No 53, Sch 4.5. Am 2024 No 76, Sch 5.4[1]–[3]. |
Sec 121 | Am 2023 (51), Sch 1.2. |
Sec 122 | Am 2023 (51), Sch 1.2. |
Chapter 9, Part 5 | Rep 2025 (331), Sch 1[5]. |
Sec 146 | Am 2022 No 59, Sch 2.36. Rep 2025 (331), Sch 1[5]. |
Sec 147 | Rep 2025 (331), Sch 1[5]. |
Sec 148 | Rep 2025 (331), Sch 1[5]. |
Sec 149 | Rep 2025 (331), Sch 1[5]. |
Sec 150 | Rep 2025 (331), Sch 1[5]. |
Sec 151 | Am 2024 No 20, Sch 10[3]. |
Sec 154A | Ins 2024 No 10, Sch 2.5[2]. |
Sec 156 | Am 2022 (811), Sch 4[1]. |
Sch 1 | Am 2024 No 10, Sch 2.5[3] [4]. |
Sch 6 | Am 2022 (811), Sch 4[2]; 2024 No 10, Sch 2.5[5] [6]; 2024 No 20, Sch 10[4]–[7]; 2024 No 67, Sch 5.4; 2025 No 1, Sch 2[3]; 2025 (331), Sch 1[6]. |
Sch 10 | Am 2025 (331), Sch 1[7]. |
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