{"id":"environmental-protection-nepmnpi-regulations-1998","name":"Environmental Protection (NEPM-NPI) Regulations 1998","slug":"environmental-protection-nepm-npi-regulations-1998","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176599,"registerId":"wa-environmental-protection-nepmnpi-regulations-1998-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Environmental Protection (NEPM-NPI) Regulations 1998","content":"![Crest]()Western Australia\n\nEnvironmental Protection Act 1986\n\nEnvironmental Protection (NEPM-NPI) Regulations 1998\n\nWestern Australia\n\nEnvironmental Protection (NEPM-NPI) Regulations 1998\n\nContents\n\n1. Citation 1\n\n2. Terms used 1\n\n3. Purpose 2\n\n4. Application 2\n\n5. Collection of data from reporting facilities 3\n\n6. Emission estimation techniques 4\n\n7. Information not admissible in other proceedings 5\n\nNotes\n\nCompilation table 6\n\nDefined terms\n\n  \n\nWestern Australia\n\nEnvironmental Protection Act 1986\n\nEnvironmental Protection (NEPM-NPI) Regulations 1998\n\nMade by the Governor in Executive Council on the recommendation of the Environmental Protection Authority.\n\n##### 1. Citation\n\n\t\tThese regulations may be cited as the *Environmental Protection (NEPM-NPI) Regulations 1998.*\n\n##### 2. Terms used\n\n(1) In these regulations —\n\nANZSIC 2006 code, for an activity or industry, means the classification code given to that activity or industry under the *Australian and New Zealand Standard Industrial Classification* *2006* produced by the Australian Bureau of Statistics;\n\nNPI means the NEPM cited as the *National Environment Protection (National Pollutant Inventory) Measure*;\n\noccupier means an occupier, within the meaning of the NPI, to which these regulations apply.\n\n(2) In these regulations, these terms have the meaning given by the NPI —\n\n\t***category 1***\n\n\t***category 1b***\n\n ***category 3***\n\n ***data gathering program***\n\n\t***emission data***\n\n\t***estimation technique***\n\n\t***facility*** (as defined in clause 3 and modified in clause 9(11) of the NPI)\n\n\t***industry reporting materials***\n\n ***mandatory transfer data***\n\n\t***participating jurisdiction***\n\n\t***reporting facility***\n\n\t***reporting period***\n\n\t***reporting threshold***\n\n\t***substance***\n\n\t***substance identity information***\n\n\t***supporting data***\n\n\t***transfer***\n\n[Regulation 2 inserted: Gazette 2 Mar 2012 p. 856-7.]\n\n##### 3. Purpose\n\nThe purpose of these regulations is to require certain acts to be done for the purpose of implementing the NPI.\n\n##### 4. Application\n\nThese regulations do not apply to an occupier of a reporting facility unless one or more of the activities carried out at the facility is an industry that has an ANZSIC 2006 code —\n\n(a) that the participating jurisdictions agree is an industry that is required to report under the NPI; and\n\n(b) that is included by the Commonwealth on a published list as an industry that is required to report under the NPI; and\n\n(c) for which there are industry reporting materials published by the Commonwealth.\n\n[Regulation 4 inserted: Gazette 2 Mar 2012 p. 857.]\n\n##### 5. Collection of data from reporting facilities\n\n(1) The occupier of each reporting facility must provide to the Chief Executive Officer the following information if a reporting threshold for a substance is exceeded in a reporting period —\n\n(a) supporting data for the facility; and\n\n(b) substance identity information and emission data, determined and documented in accordance with regulation 6, for each substance for which the reporting threshold is exceeded in the period; and\n\n(ca) the type and mass of fuel or waste burned in the reporting period; and\n\n(c) any information that may be required to assess the integrity of the emission data; and\n\n(da) 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; and\n\n(db) any information that may be required to assess the integrity of the mandatory transfer data; and\n\n(d) a statement, signed by the occupier or a person authorized by the occupier for that purpose, that the occupier has exercised due diligence in gathering and providing the information mentioned in paragraphs (a) to (db).\n\n(2A) An occupier of a reporting facility is not required to provide mandatory transfer data under subregulation (1)(da) or information under subregulation (1)(db) unless there are industry reporting materials for transfers published by the Commonwealth.\n\n(2) An occupier who —\n\n(a) fails to provide the information to the Chief Executive Officer within 3 months after the end of the reporting period to which the information relates; or\n\n(b) provides information which is false or misleading in a material particular,\n\ncommits an offence.\n\nPenalty: $5 000.\n\n(3) The State must not release any information provided to it under subregulation (1)(ca), (c) or (db) unless —\n\n(a) the occupier consents to its release; or\n\n(b) the State is legally compelled to release it; or\n\n(c) it is specifically required by a data gathering program of another State, Territory or the Commonwealth.\n\n(4) If subregulation (3)(c) applies, the information can only be supplied to the State, Territory or Commonwealth data gathering program that requires it.\n\n[Regulation 5 amended: Gazette 2 Mar 2012 p. 857-8.]\n\n##### 6. Emission estimation techniques\n\n(1) In estimating emission data and mandatory transfer data for the purposes of providing information under regulation 5, each occupier of a reporting facility must —\n\n(a) if an estimation technique is set out in the relevant industry reporting materials for that type of reporting facility apply either —\n\n(i) that estimation technique; or\n\n(ii) another estimation technique approved by the Chief Executive Officer;\n\nand\n\n(b) if no estimation technique is set out in the relevant industry reporting materials which relates to a specific process carried out at the reporting facility or means of emission or transfer of substances from the reporting facility, apply an estimation technique approved by the Chief Executive Officer; and\n\n(c) document the technique applied under paragraph (a)(ii) or (b).\n\n(2) An occupier must —\n\n(a) retain any data which may be required by the Chief Executive Officer to verify the emission data or mandatory transfer data for 3 years from the date on which a report was provided to the Chief Executive Officer; and\n\n(b) provide the data to the Chief Executive Officer as required by the Chief Executive Officer.\n\nPenalty: $5 000.\n\n[Regulation 6 amended: Gazette 2 Mar 2012 p. 859.]\n\n##### 7. Information not admissible in other proceedings\n\nInformation provided by an occupier solely for the purposes of these regulations is not admissible in evidence in any proceedings against the occupier other than proceedings in respect of an offence against regulation 5(2)(b).\n\nNotes\n\n1 This is a compilation of the *Environmental Protection (NEPM‑NPI) Regulations 1998* and includes the amendments made by the other written laws referred to in the following table.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Environmental Protection (NEPM‑NPI) Regulations 1998* | 11 Dec 1998 p. 6614-16 | 11 Dec 1998 |\n| *Environmental Protection (NEPM‑NPI) Amendment Regulations 2012* | 2 Mar 2012 p. 856-9 | r. 1 and 2: 2 Mar 2012 (see r. 2(a));   Regulations other than r. 1 and 2: 3 Mar 2012 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nANZSIC 2006 code 2(1)\n\nNPI 2(1)\n\noccupier 2(1)\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the limited information available, there is no evidence the scope changed from its original intent. These regulations appear to straightforwardly implement WA's obligations under the National Environment Protection Measure for the National Pollutant Inventory — a consistent and narrow purpose since 1998. However, a definitive assessment cannot be made without access to the actual legislative text."},"complexity_factors":["The actual legislative text is unavailable — only a broken webpage notice was provided, making full analysis impossible","Involves interplay between state (WA) regulations and a national framework (NEPM), which adds a layer of jurisdictional complexity","Reporting threshold rules for which businesses must comply can be technical","Cross-references to the National Environment Protection Council framework require understanding of cooperative federal-state environmental law"],"plain_english_summary":"The regulations would require certain Western Australian industrial facilities (typically medium to large emitters such as factories, power stations and mines) to report their releases of pollutants to the National Pollutant Inventory, creating publicly accessible data about local air, water and land pollution. This increases transparency about environmental impacts for communities.\n\nCaveat: the source link is broken and the specific regulatory text wasn’t available; this summary reflects the known purpose of NPI-linked regulations, not a clause-by-clause reading."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Amendments (noted in the compilation table) introduced ANZSIC 2006 references and an external listing test, narrowing application to industries both agreed by participating jurisdictions and listed by the Commonwealth and having Commonwealth industry reporting materials (Reg 4). The 2012 changes also added specific data items (fuel/waste: Reg 5(1)(ca)) and mandatory transfer data provisions with conditional application (Reg 5(1)(da); Reg 5(2A))."},"complexity_factors":["Cross-references to the separate NPI instrument for many defined terms and categories, requiring users to consult two documents (Reg 2(2)).","Applicability tied to ANZSIC 2006 codes and lists published by Commonwealth and participating jurisdictions, adding an external eligibility filter (Reg 4).","Mandatory data items with conditional elements introduced by amendment: fuel/waste burn data and mandatory transfer data (Reg 5(1)(ca), 5(1)(da)).","Conditional obligation to supply mandatory transfer data only where Commonwealth industry reporting materials exist, creating variable reporting burdens (Reg 5(2A)).","Requirement to apply specified estimation techniques, or obtain Chief Executive Officer approval for alternatives, giving administrative discretion over methods (Reg 6(1)(a)(ii), 6(1)(b)).","Documentation and retention obligations (retain verification data for 3 years) plus disclosure duties to provide supporting data on request (Reg 6(2)).","Penalties for late provision or materially false/misleading information and restricted admissibility of supplied information in other proceedings, affecting legal risk calculations (Reg 5(2); Reg 7).","Confidentiality carve-outs and limited circumstances for State release of certain data, creating compliance steps around consent and inter-jurisdictional data sharing (Reg 5(3)–(4))."],"plain_english_summary":"These regulations require occupiers of certain industrial facilities to collect and supply the State with pollutant emission and transfer data to implement the National Pollutant Inventory (NPI). They apply only where a facility’s industry is identified by ANZSIC 2006 and listed by participating jurisdictions and the Commonwealth. The rules specify which data to report, approved estimation methods, three-year record retention, confidentiality limits and a penalty for late or false reports. Occupiers bear compliance costs and must get regulatory approval to use alternative estimation techniques."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations maintain their original narrow purpose: implementing the National Pollutant Inventory NEPM in Western Australia. The 2012 amendments expanded the data collection requirements (adding mandatory transfer data, fuel/waste reporting, and integrity assessment provisions), but this represents operational enhancement within the existing framework rather than scope creep. The core mechanism — reporting threshold-triggered obligations for listed industries — remains unchanged from the 1998 original intent."},"complexity_factors":["Short length (7 regulations plus definitions)","Minimal cross-referencing — primarily refers outward to the NEPM (National Environment Protection Measure) for defined terms rather than creating complex internal definitions","Simple conditional structure: reporting obligations only trigger if thresholds are exceeded and if the facility falls within listed ANZSIC industry codes","Only 3 defined terms in the regulations themselves (ANZSIC 2006 code, NPI, occupier); remaining 15+ terms are imported by reference from the NPI","Straightforward offence provisions with flat penalties ($5,000)","Limited exceptions — primarily the immunity provision in regulation 7 and the confidentiality carve-out in regulation 5(3)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations require certain businesses in Western Australia to report their pollution emissions to the government. Specifically, they implement a national scheme called the **National Pollutant Inventory (NPI)** — a database that tracks what pollutants are being released into the air, water, and land across Australia.\n\n**Who it affects:**\n\n*   **Reporting facilities** — industrial sites or businesses that carry out activities listed under specific industry codes (called **ANZSIC 2006 codes**). Think factories, mines, power stations, or large agricultural operations.\n*   **Occupiers** — the people or companies in charge of running these facilities.\n\n**What businesses must do:**\n\nIf a facility releases enough of a particular pollutant to exceed a **reporting threshold**, the occupier must:\n\n*   Collect and report data on what substances were released, how much, and how they were calculated.\n*   Report the type and amount of fuel or waste burned.\n*   Use approved methods (**estimation techniques**) to calculate emissions — either from industry guidelines or with approval from the Chief Executive Officer.\n*   Keep records for 3 years to verify their data.\n*   Submit everything within 3 months after the reporting period ends.\n\n**Key protections and limits:**\n\n*   **Use immunity:** Information submitted for the NPI generally **cannot be used against the business in court** (except if they lied in their submission).\n*   **Confidentiality:** Some technical data about fuel, waste, and transfer data can only be released with consent, if legally required, or for national data collection purposes.\n\n**Why it matters:**\n\nThe NPI helps the public, regulators, and communities understand pollution levels in their area. These regulations ensure Western Australia participates in this national transparency scheme, holding polluters accountable while protecting reporters from having their data weaponised against them in unrelated legal proceedings."}},"importantCases":[],"_links":{"self":"/api/acts/environmental-protection-nepm-npi-regulations-1998","history":"/api/acts/environmental-protection-nepm-npi-regulations-1998/history","analysis":"/api/acts/environmental-protection-nepm-npi-regulations-1998/analysis","conflicts":"/api/acts/environmental-protection-nepm-npi-regulations-1998/conflicts","importantCases":"/api/acts/environmental-protection-nepm-npi-regulations-1998/important-cases","documents":"/api/acts/environmental-protection-nepm-npi-regulations-1998/documents"}}