{"id":"nsw:act-1991-060","name":"Protection of the Environment Administration Act 1991","slug":"protection-of-the-environment-administration-act-1991","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"60 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106323,"registerId":"nsw-act-1991-060-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Protection of the Environment Administration Act 1991](/view/html/inforce/current/act-1991-060).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > advisory committee means an advisory committee established under Part 6.\n> > \n> > Authority means the Environment Protection Authority constituted by this Act.\n> > \n> > Board means the Board of the Authority established under this Act.\n> > \n> > Chairperson means the Chairperson of the Board appointed under section 18.\n> > \n> > Chief Executive Officer or CEO means the person employed in the Public Service as the Chief Executive Officer of the Authority.\n> > \n> > criminal or related proceedings means any proceedings for an offence against the environment protection legislation or any proceedings under Division 4 of Part 8.2 and Part 8.4 of, or under Schedule 2A to, the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156).\n> > \n> > environment means components of the earth, including—\n> > \n> > > (a) land, air and water, and\n> > \n> > > (b) any layer of the atmosphere, and\n> > \n> > > (c) any organic or inorganic matter and any living organism, and\n> > \n> > > (d) human-made or modified structures and areas,\n> > \n> > and includes interacting natural ecosystems that include components referred to in paragraphs (a)–(c).\n> > \n> > environment protection includes anything which furthers the objectives of the Authority as set out in section 6.\n> > \n> > environment protection legislation means the following Acts, and the regulations and other instruments made under the following Acts—\n> > \n> > > (a) this Act,\n> > \n> > > (b) [Contaminated Land Management Act 1997](/view/html/inforce/current/act-1997-140),\n> > \n> > > (c) [Dangerous Goods (Road and Rail Transport) Act 2008](/view/html/inforce/current/act-2008-095),\n> > \n> > > (d) [Environmental Trust Act 1998](/view/html/inforce/current/act-1998-082),\n> > \n> > > (e) (Repealed)\n> > \n> > > (f) [Ozone Protection Act 1989](/view/html/inforce/current/act-1989-208),\n> > \n> > > (g) [Pesticides Act 1999](/view/html/inforce/current/act-1999-080),\n> > \n> > > (ga) [Plastic Reduction and Circular Economy Act 2021](/view/html/inforce/current/act-2021-031),\n> > \n> > > (h) [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156),\n> > \n> > > (i) [Protection from Harmful Radiation Act 1990](/view/html/inforce/current/act-1990-013),\n> > \n> > > (j) [Recreation Vehicles Act 1983](/view/html/inforce/current/act-1983-136),\n> > \n> > > (k) [Waste Avoidance and Resource Recovery Act 2001](/view/html/inforce/current/act-2001-058),\n> > \n> > > (l) any other Act, or part of an Act, prescribed by the regulations for the purposes of this definition.\n> > > \n> > > Note—\n> > > \n> > > A regulation prescribing an Act, or part of an Act, for the purposes of paragraph (l) may only be made with the concurrence of the Minister responsible for the administration of the Act or part—see section 3(1A).\n> > \n> > public authority means a public or local authority constituted by or under any Act and includes—\n> > \n> > > (a) a government department or administrative office, and\n> > \n> > > (b) a member of staff or other person who exercises functions on behalf of a public authority.\n> > \n> > Note.\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (1A) A regulation prescribing an Act, or part of an Act, for the purposes of subsection 3(1), definition of environment protection legislation, paragraph (l) may only be made with the concurrence of the Minister responsible for administering the Act, or part, to be prescribed.\n> \n> > (2) In this Act—\n> > \n> > > (a) a reference to a function includes a reference to a power, authority, responsibility and duty, and\n> > \n> > > (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.\n> \n> > (3) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 1993 No 46, Sch 2; 1995 No 36, Sch 6; 1995 No 102, Sch 6; 1997 No 113, Sch 1.5; 1997 No 140, Sch 1.5; 1997 No 147, Sch 1.21; 1997 No 156, Sch 4.15 \\[1\\]–\\[3\\]; 1998 No 82, Sch 2.2; 1999 No 80, Sch 3.5 \\[1\\] \\[2\\]; 2001 No 58, Sch 3.6; 2002 No 112, Sch 2.14; 2007 No 27, Sch 2.41; 2008 No 95, Sch 2.8; 2011 No 63, Sch 1 \\[1\\] \\[2\\]; 2015 No 42, Sch 2.3; 2017 No 21, Sch 2 \\[1\\]; 2021 No 31, Sch 3.2\\[1\\]; 2022 No 3, Sch 4\\[1\\]–\\[4\\]; 2023 No 30, Sch 2.4, Sch 2.7\\[1\\]; 2024 No 10, Sch 2.4\\[1\\].","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Examples","content":"#### 3A Examples\n\n3A Examples\n\n> If environment protection legislation includes an example of the operation of a provision—\n> \n> > (a) the example is not exhaustive, and\n> \n> > (b) the example does not limit the meaning of the provision, and\n> \n> > (c) the example and the provision must be read in the context of each other and the other provisions of the environment protection legislation, but, if the example and the provision are inconsistent, the provision prevails.\n> \n> **s 3A:** Ins 2024 No 20, Sch 8\\[1\\].","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Objects of Act","content":"#### 4 Objects of Act\n\n4 Objects of Act\n\n> The objects of this Act are as follows—\n> \n> > (a) to constitute the Environment Protection Authority,\n> \n> > (b) to provide integrated administration for environment protection,\n> \n> > (c) to require the Authority to perform particular tasks in relation to the quality of the environment, environmental audit and reports on the state of the environment.\n> \n> > (d) (Repealed)\n> \n> **s 4:** Am 1997 No 156, Sch 4.15 \\[4\\].","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution of the Environment Protection Authority","content":"# Part 2 Constitution of the Environment Protection Authority\n\nPart 2 Constitution of the Environment Protection Authority","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Constitution of Authority","content":"#### 5 Constitution of Authority\n\n5 Constitution of Authority\n\n> > (1) There is constituted by this Act a body corporate with the corporate name of the Environment Protection Authority.\n> \n> > (2) The Authority is, for the purposes of any Act, a statutory body representing the Crown.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Objectives of the Environment Protection Authority","content":"# Part 3 Objectives of the Environment Protection Authority\n\nPart 3 Objectives of the Environment Protection Authority","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Objectives of the Authority","content":"#### 6 Objectives of the Authority\n\n6 Objectives of the Authority\n\n> > (1) The objectives of the Authority are—\n> > \n> > > (a) to protect, restore and enhance the quality of the environment in New South Wales, having regard to the need to maintain ecologically sustainable development, and\n> > \n> > > (b) to reduce the risks to human health and prevent the degradation of the environment, by means such as the following—\n> > > \n> > > > • promoting pollution prevention,\n> > > \n> > > > • adopting the principle of reducing to harmless levels the discharge into the air, water or land of substances likely to cause harm to the environment,\n> > > \n> > > > • taking action in relation to climate change,\n> > > \n> > > > • minimising the creation of waste by the use of appropriate technology,\n> > > \n> > > > • regulating the transportation, collection, treatment, storage and disposal of waste,\n> > > \n> > > > • encouraging the reduction of the use of materials, encouraging the re-use and recycling of materials and encouraging material recovery,\n> > > \n> > > > • adopting minimum environmental standards prescribed by complementary Commonwealth and State legislation and advising the Government to prescribe more stringent standards where appropriate,\n> > > \n> > > > • setting mandatory targets for environmental improvement,\n> > > \n> > > > • promoting community involvement in decisions about environmental matters,\n> > > \n> > > > • ensuring the community has access to relevant information about hazardous substances arising from, or stored, used or sold by, any industry or public authority,\n> > > \n> > > > • conducting public education and awareness programs about environmental matters.\n> \n> > (2) For the purposes of subsection (1) (a), ecologically sustainable development requires the effective integration of social, economic and environmental considerations in decision-making processes. Ecologically sustainable development can be achieved through the implementation of the following principles and programs—\n> > \n> > > (a) the precautionary principle—namely, that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.\n> > > \n> > > In the application of the precautionary principle, public and private decisions should be guided by—\n> > > \n> > > > (i) careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment, and\n> > > \n> > > > (ii) an assessment of the risk-weighted consequences of various options,\n> > \n> > > (b) inter-generational equity—namely, that the present generation should ensure that the health, diversity and productivity of the environment are maintained or enhanced for the benefit of future generations,\n> > \n> > > (c) conservation of biological diversity and ecological integrity—namely, that conservation of biological diversity and ecological integrity should be a fundamental consideration,\n> > \n> > > (d) improved valuation, pricing and incentive mechanisms—namely, that environmental factors should be included in the valuation of assets and services, such as—\n> > > \n> > > > (i) polluter pays—that is, those who generate pollution and waste should bear the cost of containment, avoidance or abatement,\n> > > \n> > > > (ii) the users of goods and services should pay prices based on the full life cycle of costs of providing goods and services, including the use of natural resources and assets and the ultimate disposal of any waste,\n> > > \n> > > > (iii) environmental goals, having been established, should be pursued in the most cost effective way, by establishing incentive structures, including market mechanisms, that enable those best placed to maximise benefits or minimise costs to develop their own solutions and responses to environmental problems.\n> \n> **s 6:** Am 1997 No 156, Sch 4.15 \\[6\\]; 2016 No 63, Sch 11.7; 2024 No 20, Sch 8\\[2\\].","sortOrder":9},{"sectionNumber":"Part 4","sectionType":"part","heading":"General responsibilities etc of the Environment Protection Authority","content":"# Part 4 General responsibilities etc of the Environment Protection Authority\n\nPart 4 General responsibilities etc of the Environment Protection Authority","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"General functions of Authority","content":"#### 7 General functions of Authority\n\n7 General functions of Authority\n\n> > (1) The Authority has such environment protection and other functions as are conferred or imposed on it by or under the environment protection legislation or any other legislation.\n> \n> > (2) The Authority has general responsibility for the following—\n> > \n> > > (a) ensuring that the best practicable measures are taken for environment protection in accordance with the environment protection legislation and other legislation,\n> > \n> > > (b) co-ordinating the activities of all public authorities in respect of those measures,\n> > \n> > > (c) inquiring into and reporting on the efficacy of those measures,\n> > \n> > > (d) reviewing the regulatory framework for environment protection and advising on its rationalisation and simplification,\n> > \n> > > (e) investigating and reporting on alleged non-compliance with environment protection legislation for the purposes of prosecutions or other regulatory action,\n> > \n> > > (f) establishing a database on the state of the environment,\n> > \n> > > (g) advising persons engaged in industry and commerce and other members of the community on environment protection,\n> > \n> > > (h) advising the Government on methods to ensure the integration of the Authority’s pollution approvals and licensing processes with the development consent process so that the importance of environment protection is recognised.\n> \n> > (3) Persons may be employed in the Public Service under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) to enable the Authority to exercise its functions.\n> > \n> > Note.\n> > \n> > Section 59 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) provides that the persons so employed (or whose services the Authority makes use of) may be referred to as officers or employees, or members of staff, of the Authority. Section 47A of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) precludes the Authority from employing staff.\n> \n> **s 7:** Am 1997 No 156, Sch 4.15 \\[5\\]; 2006 No 2, Sch 4.54 \\[1\\]; 2014 No 33, Sch 3.25 \\[1\\].","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"General powers of Authority","content":"#### 8 General powers of Authority\n\n8 General powers of Authority\n\n> > (1) The Authority may—\n> > \n> > > (a) formulate and promote plans for environment protection, and\n> > \n> > > (b) publish reports and information on any aspect of environment protection, and\n> > \n> > > (c) carry out or commission research into environment protection, and\n> > \n> > > (d) co-ordinate the collection of information on environment protection which is published or supplied by public or other authorities, and\n> > \n> > > (e) provide or promote the development of specialist guidance and technical advisory services relating to environment protection, and\n> > \n> > > (f) invite and consider public submissions when it formulates environment protection plans, when it develops objectives, guidelines or policies under section 9 or when it issues, renews or amends licences under the environment protection legislation, and\n> > \n> > > (g) make any register of particulars of any such licences in force available for public inspection and provide (on payment of any reasonable fee demanded by the Authority) copies of or extracts from any such register, and\n> > \n> > > (h) make grants to industry, commerce, public authorities, educational institutions and such other persons who the Authority considers are acting in the public interest for the purpose of funding projects which assist or advance environment protection, and\n> > \n> > > (i) make grants to groups of citizens incorporated for the purpose of representing the public interest in environment protection to enable them to obtain technical assistance in making submissions referred to in paragraph (f) or on other environment protection matters.\n> \n> > (2) Also, the Authority may—\n> > \n> > > (a) enter into arrangements, including commercial arrangements, in relation to carbon neutrality or achieving net zero emissions, and\n> > \n> > > (b) purchase property for the purposes of, or in relation to, carbon neutrality or achieving net zero emissions.\n> \n> **s 8:** Am 2024 No 20, Sch 8\\[3\\].","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Powers of Authority relating to environmental quality","content":"#### 9 Powers of Authority relating to environmental quality\n\n9 Powers of Authority relating to environmental quality\n\n> > (1) The Authority is required to—\n> > \n> > > (a) develop environmental quality objectives, guidelines and policies to ensure environment protection, and\n> > > \n> > > Example of developing objectives, guidelines and policies to ensure environment protection—\n> > > \n> > > developing environmental quality objectives, guidelines and policies to ensure environment protection from climate change\n> > \n> > > (b) monitor the state of the environment for the purpose of assessing trends and the achievement of environmental quality objectives, guidelines, policies and standards.\n> \n> > (2) The Authority is required to develop a comprehensive scheme of environmental audit with respect to industry, commerce and public authorities.\n> \n> **s 9:** Am 2024 No 20, Sch 8\\[4\\].","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"State of the environment reports","content":"#### 10 State of the environment reports\n\n10 State of the environment reports\n\n> > (1) The Authority is required to make a report on the state of the environment (a state of the environment report) every 3 years.\n> \n> > (2) Each state of the environment report is to be given to the Minister and tabled in both Houses of Parliament.\n> \n> > (3) A state of the environment report is to include the following matters—\n> > \n> > > (a) an assessment of the status and conditions of the major environmental resources of New South Wales,\n> > \n> > > (b) an examination of environmental trends, including the implications for the environment and human health,\n> > \n> > > (c) a review of the programs and activities of public authorities and of the private sector related to environment protection,\n> > \n> > > (d) an examination of trends in economic analysis and of the costs and benefits (including economic evaluation) of environment protection,\n> > \n> > > (d1) the volumes of waste avoided, produced, recycled or reused in New South Wales during the reporting period,\n> > \n> > > (d2) how the volumes of waste compare with target volumes established by any current waste strategy,\n> > \n> > > (d3) a description of the strategies and programs being implemented by the Authority and the degree of success achieved by the strategies and programs,\n> > \n> > > (d4) reporting about matters relating to litter,\n> > \n> > > (e) any general recommendations for future legislative or other action which the Authority considers appropriate to discharge its responsibilities with respect to environment protection.\n> > \n> > > (f) (Repealed)\n> \n> > (3A) For subsection (3)(d4), the report may, but is not required to, include the brand names of litter.\n> \n> > (4) The perspectives and knowledge of Aboriginal peoples must be included in either or both of the following—\n> > \n> > > (a) each state of the environment report,\n> > \n> > > (b) a report that accompanies each state of the environment report.\n> \n> > (5) The Authority is required to make, in its annual report for any year in which a state of the environment report is not made, a statement on any relevant matters concerning the state of the environment and on trends.\n> \n> **s 10:** Am 1997 No 156, Sch 4.15 \\[7\\] \\[8\\]; 1998 No 167, Sch 1 \\[1\\]; 2017 No 21, Sch 2 \\[2\\]; 2025 No 58, Sch 8\\[3\\]–\\[9\\].","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Performance targets for public authorities","content":"#### 11 Performance targets for public authorities\n\n11 Performance targets for public authorities\n\n> > (1) The Authority may advise public authorities on performance targets for those public authorities relating to environment protection.\n> \n> > (2) When exercising its public reporting functions under this or any other Act, the Authority may report on the achievement of performance targets set by public authorities, and is required to do so in respect of any public authority which has failed to publicly report on its achievement of those performance targets.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Directions to public authorities","content":"#### 12 Directions to public authorities\n\n12 Directions to public authorities\n\n> > (1) The Authority may (subject to subsection (2)) from time to time—\n> > \n> > > (a) direct any public authority to do anything within the powers of the public authority which will, in the opinion of the Authority, contribute to environment protection, or\n> > \n> > > (b) direct any public authority to cease doing anything which, in the opinion of the Authority, adversely affects environment protection.\n> \n> > (2) The Authority is required to consult with the public authority about any such direction.\n> \n> > (3) If a dispute arises about any such direction, the Minister and the Minister responsible for the public authority (or, in the case of a local government authority, the mayor concerned) are to be notified of the dispute and given an opportunity to resolve the dispute.\n> \n> > (4) If the dispute is not resolved, it may be referred by the Authority or the public authority to the Premier for settlement. The Premier must, before making any decision on the matter, appoint a person to make an assessment of or conduct a public inquiry into the matter. The report of that assessment or public inquiry is to be made available to the public by the Premier and, if the decision of the Premier on the dispute does not follow the recommendations in that report, the terms of the decision of the Premier are to be tabled by or on behalf of the Premier in each House of Parliament (within 14 sitting days of that House) and are to be included in the next available annual report of the Authority.\n> \n> > (5) The decision of the Premier on a dispute is to be given effect to by the Authority and the public authority concerned.\n> \n> > (6) If a public authority that is a local government authority fails to give effect to the decision of the Premier on a dispute, the Authority may give effect to the decision and may for that purpose carry out any work and give any directions as if it were the local government authority. The Authority is taken to be the local government authority when carrying out that work or giving those directions.\n> \n> > (7) Any costs or expenses incurred by the Authority in giving effect to a decision as referred to in subsection (6) may be recovered by the Authority from the local government authority as a debt in a court of competent jurisdiction.\n> \n> > (8) Any provision of any other Act for the settlement of disputes between public authorities by the Premier or a Minister does not apply to the settlement of a dispute to which this section applies.\n> \n> **s 12:** Am 1992 No 34, Sch 2; 1995 No 11, Sch 1.","sortOrder":16},{"sectionNumber":"12A","sectionType":"section","heading":"Environmental assessment","content":"#### 12A Environmental assessment\n\n12A Environmental assessment\n\n> > (1) The Authority is not a determining authority within the meaning of Part 5 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) in respect of an approval (within the meaning of that Part) under the environment protection legislation that consists of the renewal of a licence or the renewal of a certificate of registration.\n> \n> > (2) This section applies in respect of such an approval in force (or purporting to be in force) at the commencement of this section or granted after the commencement of this section.\n> \n> **s 12A:** Ins 1993 No 40, sec 3.","sortOrder":17},{"sectionNumber":"Part 5","sectionType":"part","heading":"Management of the Environment Protection Authority","content":"# Part 5 Management of the Environment Protection Authority\n\nPart 5 Management of the Environment Protection Authority","sortOrder":18},{"sectionNumber":"Division 1","sectionType":"division","heading":"The Minister","content":"## Division 1 The Minister\n\nDivision 1 The Minister","sortOrder":19},{"sectionNumber":"13","sectionType":"section","heading":"General directions by Minister","content":"#### 13 General directions by Minister\n\n13 General directions by Minister\n\n> > (1) The Minister may give the Authority a written direction in relation to the functions of the Authority if the Minister is satisfied that, after consulting the Authority about the proposed direction, it is necessary to do so in the public interest.\n> \n> > (2) A direction by the Minister—\n> > \n> > > (a) must, unless the Authority agrees otherwise, be of a general nature only, and\n> > \n> > > (b) must not relate to a specific matter being considered or determined by the Authority.\n> \n> > (3) In particular, a direction by the Minister under this section must not be made in relation to the following—\n> > \n> > > (a) a report or recommendation made to the Minister,\n> > \n> > > (b) a state of the environment report under section 10, other than directions for the inclusion of additional information in a report,\n> > \n> > > (c) any decision to institute criminal or related proceedings.\n> \n> > (4) The Authority must ensure that a direction by the Minister is complied with.\n> \n> > (5) A report of each of the following must be tabled by or on behalf of the Minister in each House of Parliament within 14 sitting days of that House and be included in the next available annual report of the Authority—\n> > \n> > > (a) a direction by the Minister for the inclusion of additional information in a state of the environment report under section 10,\n> > \n> > > (b) a direction by the Minister under section 13A and the determination of the Minister in relation to the exercise of the licensing function concerned.\n> \n> > (6) The Authority must publish each direction by the Minister, other than a direction mentioned in subsection (5), on the Authority’s website as soon as practicable after the direction is given.\n> \n> **s 13:** Am 1997 No 156, Sch 4.15 \\[9\\]; 1998 No 167, Sch 1 \\[2\\]. Subst 2022 No 3, Sch 4\\[5\\].","sortOrder":20},{"sectionNumber":"13A","sectionType":"section","heading":"Exercise of EPA licensing functions by Minister","content":"#### 13A Exercise of EPA licensing functions by Minister\n\n13A Exercise of EPA licensing functions by Minister\n\n> > (1) In this section—\n> > \n> > licence means a licence, approval or other authority under the environment protection legislation.\n> > \n> > licensing function means a function of the Authority under the environment protection legislation relating to a licence, including the function of determining whether to issue, transfer, amend, suspend or revoke a licence.\n> \n> > (2) The Minister may, if the Minister considers that it is expedient in the public interest to do so, direct the Authority in writing to refer to the Minister a specified licensing function in respect of a particular matter.\n> \n> > (3) The Minister may give a direction under this section whether or not the Authority intends to exercise the licensing function in respect of the matter.\n> \n> > (4) The Authority must, as soon as practicable after receiving a direction under this section—\n> > \n> > > (a) refer to the Minister any application, report or other document or information in the possession of the Authority that relates to the matter (including any document or information specified by the Minister in the direction), and\n> > \n> > > (b) notify the applicant or licensee concerned in the matter of the Minister’s direction.\n> \n> > (5) Whenever the Minister gives a direction under this section, the Authority ceases to have the licensing function in respect of the matter, unless the Minister refers the licensing function (or any aspect of that function) back to the Authority.\n> \n> > (6) The Minister may, after giving a direction under this section, exercise in the place of the Authority the licensing function in respect of the matter.\n> \n> > (7) For the purpose of the Minister exercising a licensing function in respect of a matter—\n> > \n> > > (a) a reference to the Authority in the environment protection legislation or other document is taken to be a reference to the Minister, and\n> > \n> > > (b) anything done by the Authority in the matter before the direction was given may be adopted by the Minister.\n> > \n> > The determination of the Minister in the exercise of the licensing function is taken to have been done by the Authority.\n> \n> > (8) However, an appeal to the Land and Environment Court against a decision of the Authority in the exercise of a licensing function that is conferred by the environment protection legislation does not lie if the decision is made by the Minister pursuant to a direction under this section.\n> \n> > (9) The Authority is to give effect to the decision made by the Minister pursuant to a direction under this section. However, the decision does not limit the future exercise of a licensing function by the Authority in respect of the matter.\n> \n> **s 13A:** Ins 1997 No 156, Sch 4.15 \\[10\\].","sortOrder":21},{"sectionNumber":"Division 1A","sectionType":"division","heading":"Chief Executive Officer of the Authority","content":"## Division 1A Chief Executive Officer of the Authority\n\nDivision 1A Chief Executive Officer of the Authority\n\n**pt 5, div 1A, hdg:** Ins 2022 No 3, Sch 4\\[6\\].","sortOrder":22},{"sectionNumber":"14","sectionType":"section","heading":"Chief Executive Officer of the Authority","content":"#### 14 Chief Executive Officer of the Authority\n\n14 Chief Executive Officer of the Authority\n\n> > The Chief Executive Officer—\n> > \n> > > (a) is a member of the Board, but\n> > \n> > > (b) is not entitled to vote on a matter considered by the Board.\n> \n> **s 14:** Am 2011 No 63, Sch 1 \\[3\\]. Subst 2022 No 3, Sch 4\\[7\\].","sortOrder":23},{"sectionNumber":"14A","sectionType":"section","heading":"Chief Executive Officer to manage and control affairs of Authority","content":"#### 14A Chief Executive Officer to manage and control affairs of Authority\n\n14A Chief Executive Officer to manage and control affairs of Authority\n\n> > (1) The Chief Executive Officer is to manage and control the affairs of the Authority, subject to—\n> > \n> > > (a) the policies determined by the Board and other decisions of the Board under this Act, and\n> > \n> > > (b) the directions of the Minister under this Act.\n> \n> > (2) An act, matter or thing done in the name of, or on behalf of, the Authority by the Chief Executive Officer is taken to have been done by the Authority.\n> \n> **s 14A:** Ins 2022 No 3, Sch 4\\[7\\].","sortOrder":24},{"sectionNumber":"Division 2","sectionType":"division","heading":"The Board of the Authority","content":"## Division 2 The Board of the Authority\n\nDivision 2 The Board of the Authority","sortOrder":25},{"sectionNumber":"15","sectionType":"section","heading":"Establishment of Board","content":"#### 15 Establishment of Board\n\n15 Establishment of Board\n\n> > (1) There is to be a Board of the Authority.\n> \n> > (2) The Board is to consist of at least 5, but not more than 7 members, being—\n> > \n> > > (a) the Chairperson, and\n> > \n> > > (b) the Chief Executive Officer, and\n> > \n> > > (c) at least 3, but not more than 5, part-time members appointed by the Governor on the recommendation of the Minister.\n> \n> > (3) The Chairperson and the part-time members recommended by the Minister are, in the Minister’s opinion, to collectively have the skills and experience relevant to the functions of the Board.\n> \n> > (3A) In deciding whether to recommend a person as a part-time member, the Minister must have regard to the desirability that the Board collectively has skills and experience in the following—\n> > \n> > > (a) environmental science or engineering,\n> > \n> > > (b) environmental law,\n> > \n> > > (c) corporate, financial and risk planning and management,\n> > \n> > > (d) business,\n> > \n> > > (e) human health,\n> > \n> > > (f) compliance and regulation,\n> > \n> > > (g) Aboriginal cultural values,\n> > \n> > > (h) other skills or experience determined by the Minister and published on the Authority’s website.\n> \n> > (3B) A person may only be recommended by the Minister as a person with skills and experience in Aboriginal cultural values if the person is—\n> > \n> > > (a) an Aboriginal person within the meaning of the [Aboriginal Land Rights Act 1983](/view/html/inforce/current/act-1983-042), section 4(1), and\n> > \n> > > (b) recognised as a cultural knowledge holder, and\n> > \n> > > (c) willing to represent Aboriginal cultural values.\n> \n> > (4) Schedule 1 has effect with respect to the members and procedure of the Board.\n> \n> **s 15:** Am 1995 No 102, Sch 6; 2011 No 63, Sch 1 \\[4\\]; 2022 No 3, Sch 4\\[8\\].","sortOrder":26},{"sectionNumber":"16","sectionType":"section","heading":"Functions of Board","content":"#### 16 Functions of Board\n\n16 Functions of Board\n\n> > (1) The functions of the Board are as follows—\n> > \n> > > (a) to determine the policies and long-term strategic plans of the Authority, including policies and plans relating to organisational governance and risk management,\n> > \n> > > (b) to oversee the effective, efficient and economical management of the Authority,\n> > \n> > > (c) to develop, and make available for public information, guidelines relating to the institution of criminal and related proceedings,\n> > \n> > > (d) to determine whether the Authority should institute proceedings for serious environment protection offences referred to in section 17,\n> > \n> > > (e) to advise the Minister on any matter relating to the protection of the environment (at the request of the Minister or on its own initiative).\n> \n> > (2) The Board is not subject to the control and direction of the Minister in the exercise of any of its functions.\n> \n> > (3) The Board must, every 2 years, give the Minister a statement that contains or addresses the following matters—\n> > \n> > > (a) an assessment of the Authority’s success in achieving its objectives,\n> > \n> > > (b) recommendations for improving the Authority’s performance,\n> > \n> > > (c) (Repealed)\n> > \n> > > (d) such other matters as may be prescribed by the regulations.\n> \n> > (4) The Minister must table a copy of the statement under this section in both Houses of Parliament within one month after the Minister receives it.\n> \n> > (5) If a House of Parliament is not sitting when the Minister seeks to table a copy of the statement to it, the Minister may present copies of the statement to the Clerk of the House concerned.\n> \n> > (6) The statement—\n> > \n> > > (a) on presentation and for all purposes is taken to have been tabled in the House, and\n> > \n> > > (b) may be printed by authority of the Clerk of the House, and\n> > \n> > > (c) if printed by authority of the Clerk, is for all purposes taken to be a document published by or under the authority of the House, and\n> > \n> > > (d) is to be recorded—\n> > > \n> > > > (i) in the case of the Legislative Council—in the Minutes of the Proceedings of the Legislative Council, and\n> > > \n> > > > (ii) in the case of the Legislative Assembly—in the Votes and Proceedings of the Legislative Assembly,\n> > > \n> > > on the first sitting day of the House after receipt of the statement by the Clerk.\n> \n> **s 16:** Am 1998 No 167, Sch 1 \\[3\\]; 2003 No 82, Sch 1.27; 2011 No 63, Sch 1 \\[5\\] \\[6\\]; 2022 No 3, Sch 4\\[9\\]; 2025 No 58, Sch 8\\[10\\] \\[11\\].","sortOrder":27},{"sectionNumber":"17","sectionType":"section","heading":"Environmental Counsel to Board","content":"#### 17 Environmental Counsel to Board\n\n17 Environmental Counsel to Board\n\n> > (1) An Environmental Counsel to the Board is to be engaged by the Authority.\n> \n> > (2) The Environmental Counsel is to be a practising barrister approved by the Minister and engaged for a period determined by the Minister.\n> \n> > (3) The Environmental Counsel may advise the Board on any matter (whether or not in connection with the institution of criminal or related proceedings) referred to the Environmental Counsel.\n> \n> > (4) The Board may not determine that the Authority institute proceedings for a serious environment protection offence unless the Environmental Counsel has advised the Board that (on the evidence disclosed in the brief to Counsel) there is evidence capable of establishing the commission of the offence.\n> > \n> > The Authority is to ensure that any such brief to the Environmental Counsel contains all relevant evidence available to the Authority.\n> \n> > (5) Nothing in this section prevents the Board from obtaining legal advice from any person. In particular, the Board may, if there is any dispute about the advice of the Environmental Counsel, obtain advice from the Attorney General and act on that advice for the purposes of subsection (4).\n> \n> > (6) The determination of whether the Authority should institute proceedings for serious environment protection offences may not be delegated under this Act.\n> \n> > (7) Criminal or related proceedings may not be challenged on the ground that they were instituted in contravention of this section.\n> \n> > (8) In this section, serious environment protection offence means—\n> > \n> > > (a) a tier 1 offence (being an offence created by Part 5.2 of the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156)), or\n> > \n> > > (b) a tier 2 offence (being any other offence created by that Act) which is designated as a serious environment protection offence for the purposes of this section by the prosecution guidelines developed by the Board under this Division, or\n> > \n> > > (c) an offence under Division 1 of Part 2 of the [Pesticides Act 1999](/view/html/inforce/current/act-1999-080), or\n> > \n> > > (d) an offence under section 60ZZA of the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051), or under section 69SA of the [Forestry Act 2012](/view/html/inforce/current/act-2012-096), that was committed intentionally and that caused or was likely to cause significant harm to the environment.\n> > \n> > For the purposes of this definition, an offence created by section 144AA (2) or 144AB of the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156) is taken to be a tier 1 offence under that Act.\n> \n> **s 17:** Am 1997 No 156, Sch 4.15 \\[11\\]; 1998 No 167, Sch 1 \\[4\\]–\\[6\\]; 1999 No 80, Sch 3.5 \\[3\\]; 2013 No 60, Sch 2; 2018 No 40, Sch 3.10 \\[1\\].","sortOrder":28},{"sectionNumber":"Division 3","sectionType":"division","heading":"The Chairperson of the Board","content":"## Division 3 The Chairperson of the Board\n\nDivision 3 The Chairperson of the Board\n\n**pt 5, div 3, hdg:** Am 2011 No 63, Sch 1 \\[7\\]; 2022 No 3, Sch 4\\[10\\].","sortOrder":29},{"sectionNumber":"18","sectionType":"section","heading":"Chairperson of the Board","content":"#### 18 Chairperson of the Board\n\n18 Chairperson of the Board\n\n> > (1) The Governor may appoint a Chairperson of the Board.\n> \n> > (2) The Chairperson must be appointed on a part-time basis.\n> \n> > (3) The Chairperson has the functions conferred or imposed on the Chairperson by or under this or any other Act.\n> \n> > (4) Schedule 1, Part 2 contains provisions relating to the Chairperson.\n> \n> > (5) (Repealed)\n> \n> **s 18:** Rep 1995 No 36, Sch 6. Ins 2011 No 63, Sch 1 \\[8\\]. Am 2014 No 33, Sch 3.25 \\[2\\]; 2022 No 3, Sch 4\\[11\\]–\\[14\\].","sortOrder":30},{"sectionNumber":"18A","sectionType":"section","heading":"Acting Chairperson","content":"#### 18A Acting Chairperson\n\n18A Acting Chairperson\n\n> > (1) The Minister may, from time to time, appoint a person to act in the office of the Chairperson during the illness or absence of the Chairperson or during a vacancy in the office of the Chairperson. The person, while so acting, has all the functions of the Chairperson and is taken to be the Chairperson (including as a member of the Board).\n> \n> > (2) The Minister may, at any time, remove a person from the office to which the person was appointed under this section.\n> \n> > (3) A person while acting under this section is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine.\n> \n> **s 18A:** Ins 2011 No 63, Sch 1 \\[8\\].","sortOrder":31},{"sectionNumber":"19","sectionType":"section","heading":null,"content":"#### 19\n\n19 (Repealed)","sortOrder":32},{"sectionNumber":"Division 4","sectionType":"division","heading":"Miscellaneous provisions relating to management","content":"## Division 4 Miscellaneous provisions relating to management\n\nDivision 4 Miscellaneous provisions relating to management","sortOrder":34},{"sectionNumber":"20","sectionType":"section","heading":null,"content":"#### 20\n\n20 (Repealed)","sortOrder":35},{"sectionNumber":"21","sectionType":"section","heading":"Delegation of functions","content":"#### 21 Delegation of functions\n\n21 Delegation of functions\n\n> > (1) The Authority may delegate to an authorised person any of the functions of the Authority, other than this power of delegation.\n> \n> > (1A) The Chairperson may delegate to an authorised person any of the functions (other than this power of delegation) conferred or imposed on the Chairperson by or under the environment protection legislation or any other legislation.\n> \n> > (1B) The CEO may delegate to an authorised person any function, other than this power of delegation, conferred or imposed on the CEO by or under the environment protection legislation or any other legislation.\n> \n> > (2) A delegate may sub-delegate to an authorised person any function delegated—\n> > \n> > > (a) by the Authority, if the delegate is authorised in writing to do so by the Authority, or\n> > \n> > > (b) by the Chairperson, if the delegate is authorised in writing to do so by the Chairperson, or\n> > \n> > > (c) by the CEO, if the delegate is authorised in writing to do so by the CEO.\n> \n> > (3) In this section, authorised person means—\n> > \n> > > (a) a member of the staff of the Authority, or\n> > \n> > > (b) a member of the staff of a Government agency of Victoria, Queensland, South Australia or the Australian Capital Territory which administers environment protection legislation, or\n> > \n> > > (c) a council (within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030)), or\n> > \n> > > (d) a person of a class prescribed by the regulations for the purposes of delegations from the Authority or the Chairperson or both.\n> \n> **s 21:** Am 1995 No 99, Sch 1; 2011 No 63, Sch 1 \\[3\\]; 2022 No 3, Sch 4\\[16\\] \\[17\\].","sortOrder":37},{"sectionNumber":"Part 6","sectionType":"part","heading":"Advisory committees","content":"# Part 6 Advisory committees\n\nPart 6 Advisory committees\n\n**pt 6, hdg:** Am 1998 No 167, Sch 1 \\[7\\]. Subst 2017 No 21, Sch 2 \\[3\\].\n\n**pt 6, div 1:** Rep 2017 No 21, Sch 2 \\[4\\].","sortOrder":38},{"sectionNumber":"22","sectionType":"section","heading":null,"content":"#### 22\n\n22–28C (Repealed)","sortOrder":39},{"sectionNumber":"29","sectionType":"section","heading":"Establishment of advisory committees","content":"#### 29 Establishment of advisory committees\n\n29 Establishment of advisory committees\n\n> The Authority may from time to time, establish advisory committees and dissolve any such advisory committee.","sortOrder":41},{"sectionNumber":"30","sectionType":"section","heading":"Function of advisory committees","content":"#### 30 Function of advisory committees\n\n30 Function of advisory committees\n\n> The function of an advisory committee is to advise the Authority on such matters as the Authority determines.","sortOrder":42},{"sectionNumber":"31","sectionType":"section","heading":"Membership and procedure of advisory committees","content":"#### 31 Membership and procedure of advisory committees\n\n31 Membership and procedure of advisory committees\n\n> > (1) An advisory committee is to consist of such number of members as the Authority determines, but is not to consist of more than 9 members without the approval of the Minister.\n> \n> > (2) The Authority is to ensure that the persons appointed as members of an advisory committee represent a range of interests and expertise appropriate to the functions of the committee.\n> \n> > (3) Schedule 2 has effect with respect to the members and procedure of an advisory committee.","sortOrder":43},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous\n\nPart 7 Miscellaneous","sortOrder":44},{"sectionNumber":"32","sectionType":"section","heading":"Act to bind Crown","content":"#### 32 Act to bind Crown\n\n32 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.\n> \n> **s 32:** Subst 1992 No 57, Sch 1.","sortOrder":45},{"sectionNumber":"33","sectionType":"section","heading":"Powers of Authority relating to property","content":"#### 33 Powers of Authority relating to property\n\n33 Powers of Authority relating to property\n\n> > (1) The Authority may acquire by gift, bequest or devise any property for the purposes of this Act and may agree to carry out the conditions of any such gift, bequest or devise.\n> \n> > (2) The Authority must not, except with the approval of the Minister, alienate, mortgage, charge or demise any of its land.\n> \n> > (3) The rule of law against remoteness of vesting does not apply to or in respect of any condition of a gift, bequest or devise to which the Authority has agreed.","sortOrder":46},{"sectionNumber":"34","sectionType":"section","heading":"Financial year","content":"#### 34 Financial year\n\n34 Financial year\n\n> > (1) The financial year of the Authority is the year commencing on 1 July.\n> \n> > (2) However, the financial year of the Authority is to be the annual reporting period (if any) for the Authority if the Treasurer has made a determination under section 2.10 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) for that period to be different from the period referred to in subsection (1).\n> \n> **s 34:** Am 2018 No 70, Sch 4.87.","sortOrder":47},{"sectionNumber":"34A","sectionType":"section","heading":"Environment Protection Authority Fund","content":"#### 34A Environment Protection Authority Fund\n\n34A Environment Protection Authority Fund\n\n> > (1) There is established in the Special Deposits Account an account called the Environment Protection Authority Fund (the Fund).\n> \n> > (2) Money in the Fund is under the control of the Authority and can be expended by the Authority only for the purposes authorised by this section.\n> \n> > (3) There is to be paid into the Fund—\n> > \n> > > (a) any of the following money payable to the Authority under the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156)—\n> > > \n> > > > (i) any fees with respect to environment protection licences, including fees for applications made for or with respect to those licences and annual licence fees (other than load-based fees),\n> > > \n> > > > (ii) any interest on outstanding amounts of any such fees (other than load-based fees),\n> > > \n> > > > (iii) any amounts required to be paid as a penalty for default under section 57 of that Act (other than with respect to load-based fees),\n> > > \n> > > > (iv) any fees with respect to clean-up notices, prevention notices or noise control notices,\n> > > \n> > > > (v) amounts specified in any compliance cost notices given under Chapter 4 or section 267B of that Act,\n> > > \n> > > > (vi) amounts specified in any notices given under section 107 or 295ZD of that Act, and\n> > \n> > > (a1) amounts payable under penalty notices issued under the following legislation by officers or employees of the Authority—\n> > > \n> > > > (i) environment protection legislation,\n> > > \n> > > > (ii) the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063) and regulations under that Act, and\n> > \n> > > (b) any fees payable to the Authority under the following Acts—\n> > > \n> > > > (i) the [Contaminated Land Management Act 1997](/view/html/inforce/current/act-1997-140),\n> > > \n> > > > (ia) the [Plastic Reduction and Circular Economy Act 2021](/view/html/inforce/current/act-2021-031),\n> > > \n> > > > (ii) the [Dangerous Goods (Road and Rail Transport) Act 2008](/view/html/inforce/current/act-2008-095),\n> > > \n> > > > (iii) the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203),\n> > > \n> > > > (iv) (Repealed)\n> > > \n> > > > (v) the [Pesticides Act 1999](/view/html/inforce/current/act-1999-080),\n> > > \n> > > > (vi) the [Protection from Harmful Radiation Act 1990](/view/html/inforce/current/act-1990-013),\n> > > \n> > > > (vii) the [Waste Avoidance and Resource Recovery Act 2001](/view/html/inforce/current/act-2001-058), and\n> > \n> > > (b1) amounts payable to the Authority specified in notices given under section 34 of the [Contaminated Land Management Act 1997](/view/html/inforce/current/act-1997-140) and section 28 of the [Pesticides Act 1999](/view/html/inforce/current/act-1999-080), and\n> > \n> > > (b2) any fees payable to the Authority under section 69SC of the [Forestry Act 2012](/view/html/inforce/current/act-2012-096), and\n> > \n> > > (b3) amounts ordered to be paid to the Authority under Division 3 of Part 13 of the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063) and any costs of remediation work recovered by the Authority in connection with taking clean-up action or carrying out remediation work under Part 11 of that Act, and\n> > \n> > > (b4) amounts ordered to be paid into the Fund under the following—\n> > > \n> > > > (i) the [Contaminated Land Management Act 1997](/view/html/inforce/current/act-1997-140), section 95C,\n> > > \n> > > > (ii) the [Pesticides Act 1999](/view/html/inforce/current/act-1999-080), section 112C,\n> > > \n> > > > (iii) the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156), section 251A,\n> > > \n> > > > (iv) the [Protection from Harmful Radiation Act 1990](/view/html/inforce/current/act-1990-013), section 27A, and\n> > \n> > > (b6) amounts paid as a result of claims made on, or realising, financial assurances under environment protection legislation, and\n> > \n> > > (b7) amounts paid—\n> > > \n> > > > (i) under enforceable undertakings under the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156) for environmental projects if the amounts are not spent on the environmental projects, or\n> > > \n> > > > (ii) in accordance with orders of the Land and Environment Court directing persons to pay amounts to the State in relation to breaches of undertakings given to the Authority under environment protection legislation, and\n> > \n> > > (c) the proceeds of the investment of money in the Fund, and\n> > \n> > > (d) any other money appropriated by Parliament for the purposes of the Fund or required or authorised by law to be paid into the Fund.\n> \n> > (4) There may be paid out of the Fund—\n> > \n> > > (a) any money required by the Authority for the purposes of carrying out any of its functions, and\n> > \n> > > (b) any money required to meet administrative expenses incurred in relation to the Fund (including any administrative expenses incurred in relation to the collection and recovery of amounts payable into the Fund), and\n> > \n> > > (c) any money required or authorised by law to be paid from the Fund.\n> \n> > (5) The Authority may invest money in the Fund—\n> > \n> > > (a) if the Authority is a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way that the Authority is permitted to invest money under that Part, or\n> > \n> > > (b) if the Authority is not a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way approved by the Treasurer.\n> \n> **s 34A:** Ins 2013 No 50, Sch 6. Am 2014 No 65, Sch 4 \\[1\\]; 2017 No 22, Sch 1.16; 2018 No 40, Sch 3.10 \\[2\\]; 2018 No 70, Sch 3.51; Sch 3.2\\[2\\]; 2022 No 3, Sch 4\\[18\\]; 2023 No 30, Sch 2.7\\[1\\]; 2024 No 10, Sch 2.4\\[2\\]; 2024 No 20, Sch 8\\[5\\]; 2025 No 58, Sch 8\\[12\\].","sortOrder":48},{"sectionNumber":"35","sectionType":"section","heading":"Exclusion of personal liability","content":"#### 35 Exclusion of personal liability\n\n35 Exclusion of personal liability\n\n> > (1) An act or omission of a protected person does not subject the protected person to any action, liability, claim or demand if the act or omission was done, or omitted to be done or made, in good faith for the purpose of carrying out a function conferred or imposed under the environment protection legislation or other legislation.\n> \n> > (2) In this section—\n> > \n> > protected person means any of the following—\n> > \n> > > (a) the Minister,\n> > \n> > > (b) the Authority,\n> > \n> > > (c) the Board,\n> > \n> > > (d) an advisory committee,\n> > \n> > > (e) the Chief Executive Officer,\n> > \n> > > (f) the Chairperson or another member of the Board or of an advisory committee,\n> > \n> > > (g) a member of staff of the Authority,\n> > \n> > > (h) a person acting under the direction of a person referred to in paragraphs (a)–(g).\n> \n> **s 35:** Am 1998 No 167, Sch 1 \\[10\\]; 2000 No 53, Sch 2.15 \\[3\\] \\[4\\]; 2011 No 63, Sch 1 \\[3\\]; 2017 No 21, Sch 2 \\[6\\] \\[7\\]. Subst 2022 No 3, Sch 4\\[19\\].","sortOrder":49},{"sectionNumber":"35A","sectionType":"section","heading":"Exclusion of liability for certain statements","content":"#### 35A Exclusion of liability for certain statements\n\n35A Exclusion of liability for certain statements\n\n> > (1) No liability is incurred by the Crown and no personal liability is incurred by a protected person for a statement made or issued in good faith—\n> > \n> > > (a) under the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156), section 319B, or\n> > \n> > > (b) in, or associated with, a recall notice within the meaning of the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156).\n> \n> > (2) No liability is incurred by a person for publishing in good faith—\n> > \n> > > (a) a statement referred to in subsection (1), or\n> > \n> > > (b) a fair report or summary of the statement.\n> \n> > (3) In this section—\n> > \n> > liability includes liability for defamation.\n> > \n> > protected person has the same meaning as in section 35.\n> \n> **s 35A:** Ins 2024 No 20, Sch 8\\[6\\].","sortOrder":50},{"sectionNumber":"36","sectionType":"section","heading":"Seal of Authority","content":"#### 36 Seal of Authority\n\n36 Seal of Authority\n\n> The seal of the Authority is to be kept by the Chief Executive Officer and may be affixed to a document only—\n> \n> > (a) in the presence of the Chief Executive Officer or a member of the staff of the Authority authorised in that behalf by the Chief Executive Officer, and\n> \n> > (b) with an attestation by the signature of the Chief Executive Officer or that member of the fact of the affixing of the seal.\n> \n> **s 36:** Am 2011 No 63, Sch 1 \\[3\\]; 2022 No 3, Sch 4\\[20\\].","sortOrder":51},{"sectionNumber":"37","sectionType":"section","heading":"Service of documents on Authority","content":"#### 37 Service of documents on Authority\n\n37 Service of documents on Authority\n\n> > (1) A document may be served on the Authority by leaving it at, or by sending it by post to—\n> > \n> > > (a) the office of the Authority, or\n> > \n> > > (b) if it has more than one office—any one of its offices.\n> \n> > (2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on the Authority in any other manner.","sortOrder":52},{"sectionNumber":"38","sectionType":"section","heading":"Recovery of charges etc by Authority","content":"#### 38 Recovery of charges etc by Authority\n\n38 Recovery of charges etc by Authority\n\n> Any charge, fee or money due to the Authority may be recovered by the Authority as a debt in a court of competent jurisdiction.","sortOrder":53},{"sectionNumber":"39","sectionType":"section","heading":"Regulations","content":"#### 39 Regulations\n\n39 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":54},{"sectionNumber":"40","sectionType":"section","heading":null,"content":"#### 40\n\n40 (Repealed)","sortOrder":55},{"sectionNumber":"41","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 41 Savings, transitional and other provisions\n\n41 Savings, transitional and other provisions\n\n> Schedule 4 has effect.","sortOrder":57},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Provisions relating to members and procedure of the Board","content":"# Schedule 1 Provisions relating to members and procedure of the Board\n\nSchedule 1 Provisions relating to members and procedure of the Board\n\n(Section 15 (4))\n\n**sch 1:** Am 1992 No 34, Sch 2; 1995 No 102, Sch 6; 1997 No 156, Sch 4.15 \\[12\\]–\\[16\\]; 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2011 No 63, Sch 1 \\[3\\] \\[9\\]–\\[11\\]; 2014 No 33, Sch 3.25 \\[3\\] \\[4\\]; 2022 No 3, Sch 4\\[21\\]–\\[29\\]; 2024 No 20, Sch 8\\[7\\] \\[8\\]; 2024 No 35, Sch 3.11.","sortOrder":58},{"sectionNumber":"2A","sectionType":"section","heading":"Remuneration and allowances","content":"#### 2A Remuneration and allowances\n\n2A Remuneration and allowances\n\n> The Chairperson is to be paid remuneration and allowances decided by the Minister, from time to time, in consultation with the Secretary of the Premier’s Department.","sortOrder":63},{"sectionNumber":"2B","sectionType":"section","heading":"Vacancy in office","content":"#### 2B Vacancy in office\n\n2B Vacancy in office\n\n> > (1) The office of Chairperson becomes vacant if the holder—\n> > \n> > > (a) dies, or\n> > \n> > > (b) completes a term of office and is not re-appointed, or\n> > \n> > > (c) resigns the office by written instrument addressed to the Minister, or\n> > \n> > > (d) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with the holder’s creditors or makes an assignment of the holder’s remuneration for the creditors’ benefit, or\n> > \n> > > (e) becomes a mentally incapacitated person, or\n> > \n> > > (f) is convicted in New South Wales of an offence punishable by imprisonment for 12 months or more or is convicted outside of New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or\n> > \n> > > (g) is removed from office under clause 2C.\n> \n> > (2) If the office of Chairperson becomes vacant, a person must, subject to this Act be appointed to fill the vacancy.","sortOrder":64},{"sectionNumber":"2C","sectionType":"section","heading":"Removal from office","content":"#### 2C Removal from office\n\n2C Removal from office\n\n> > (1) The Governor may remove the Chairperson from office, but only for incompetence, incapacity or misbehaviour.\n> \n> > (2) The Chairperson cannot be removed from office under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), Part 6.","sortOrder":65},{"sectionNumber":"2D","sectionType":"section","heading":"Effect of certain other Acts","content":"#### 2D Effect of certain other Acts\n\n2D Effect of certain other Acts\n\n> > (1) The provisions of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) relating to the employment of Public Service employees do not apply to the Chairperson.\n> \n> > (2) The office of Chairperson is not, for the purposes of any Act, an office or place of profit under the Crown.","sortOrder":66},{"sectionNumber":"6A","sectionType":"section","heading":"Filling of vacancy in office of appointed member","content":"#### 6A Filling of vacancy in office of appointed member\n\n6A Filling of vacancy in office of appointed member\n\n> If the office of any appointed member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.","sortOrder":72},{"sectionNumber":"6B","sectionType":"section","heading":"Effect of certain other Acts","content":"#### 6B Effect of certain other Acts\n\n6B Effect of certain other Acts\n\n> > (1) The provisions of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) relating to the employment of Public Service employees do not apply to an appointed member.\n> \n> > (2) If by or under any Act provision is made—\n> > \n> > > (a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or\n> > \n> > > (b) prohibiting the person from engaging in employment outside the duties of that office,\n> > \n> > the provision does not operate to disqualify the person from holding that office and also the office of an appointed member or from accepting and retaining any remuneration payable to the person under this Act as such a member.\n> \n> > (3) The office of an appointed member is not, for the purposes of any Act, an office or place of profit under the Crown.","sortOrder":73},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Members and procedure of advisory committees","content":"# Schedule 2 Members and procedure of advisory committees\n\nSchedule 2 Members and procedure of advisory committees\n\n(Section 31 (3))\n\n**sch 2, hdg:** Am 1998 No 167, Sch 1 \\[11\\]. Subst 2017 No 21, Sch 2 \\[8\\].\n\n**sch 2:** Am 1992 No 34, Sch 2; 1993 No 108, Sch 2; 1998 No 167, Sch 1 \\[12\\]–\\[14\\] \\[16\\]; 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2014 No 33, Sch 3.25 \\[5\\]; 2017 No 21, Sch 2 \\[9\\]–\\[17\\].","sortOrder":85},{"sectionNumber":"Schedule 2A","sectionType":"schedule","heading":null,"content":"# Schedule 2A\n\nSchedules 2A, 3 (Repealed)\n\n**sch 2A:** Ins 2014 No 33, Sch 3.25 \\[6\\]. Rep 2022 No 3, Sch 4\\[30\\].\n\n**sch 3:** Rep 1999 No 85, Sch 4.","sortOrder":99},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 4 Savings, transitional and other provisions\n\nSchedule 4 Savings, transitional and other provisions\n\n(Section 41)\n\n**sch 4:** Am 1998 No 167, Sch 1 \\[17\\]–\\[19\\]; 2011 No 63, Sch 1 \\[12\\] \\[13\\]; 2014 No 65, Sch 4 \\[2\\]; 2017 No 21, Sch 2 \\[18\\]; 2022 No 3, Sch 4\\[31\\]; 2023 No 30, Sch 2.7\\[2\\]; 2024 No 20, Sch 8\\[9\\].","sortOrder":100}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1991 Act was focused on establishing the EPA and setting out foundational environmental administration principles. Over time, its scope has expanded to reflect contemporary priorities — most notably, the addition of Climate Change as a co-equal ministerial responsibility signals a significant broadening beyond traditional 'environment' concerns. Pending amendments from the Product Lifecycle Responsibility Act 2025 suggest further expansion into product stewardship (i.e., holding manufacturers responsible for the full lifecycle of their products), which goes well beyond the original administrative focus."},"complexity_factors":["The document provided is primarily metadata and status information rather than the full legislative text, limiting detailed analysis","The Act itself is an 'administrative' or 'framework' statute — it establishes institutions and principles rather than detailed operational rules, which can be conceptually abstract","Over 25 amendments across 35 years mean the current version is a composite of many changes, requiring careful navigation of which version applies at any given time","Dual ministerial responsibility (Environment and Climate Change) creates some complexity around accountability and jurisdiction","Pending uncommenced amendments (from two separate Acts) add a layer of uncertainty about the near-future state of the law","Interaction with numerous other environmental laws (the EPA enforces many Acts) means this Act cannot be read in isolation"],"plain_english_summary":"The Protection of the Environment Administration Act 1991 (NSW) is the backbone statute that creates the institutional framework for environmental protection in NSW — establishing and governing the EPA, allocating ministerial responsibilities, and embedding principles (like ecologically sustainable development) that guide government decision‑making. It doesn’t regulate specific activities directly but shapes how environmental policy and enforcement affect everyone in NSW, businesses interacting with the EPA, and other government agencies."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1991 purpose of establishing the EPA and providing 'integrated administration'. Major scope expansions include: (1) 2024 amendments adding explicit climate change action and carbon neutrality powers (s 8(2)); (2) 2022 governance restructuring creating a separate CEO role and Board skills matrix including Aboriginal cultural values; (3) Progressive expansion of the 'environment protection legislation' definition to cover plastic reduction (2021), biodiversity conservation, and dangerous goods; (4) Enhanced reporting requirements including waste metrics and Aboriginal perspectives; (5) Creation of the EPA Fund (2013) with complex revenue mechanisms. The original Act was primarily administrative; it now functions as a comprehensive environmental governance framework with economic instruments (grants, funds, carbon markets) and social inclusion mandates."},"complexity_factors":["Multiple amendment layers: 20+ amending Acts since 1991, with significant restructuring in 2022 (Board/CEO separation) and 2024 (carbon neutrality powers, examples provision)","Extensive cross-referencing: Defines 'environment protection legislation' to include 11+ other Acts (POEO Act, Pesticides Act, Waste Act, etc.) with dynamic expansion via regulation","Nested governance structures: Minister → Board → CEO → Authority, with complex delegation chains (s 21) and specific exclusions (prosecution decisions cannot be delegated)","Conditional powers: Ministerial directions limited by 'public interest' tests and specific exclusions (s 13); Premier dispute resolution mechanism for public authority conflicts (s 12)","Transitional complexity: Schedule 4 contains 7 Parts of savings/transitional provisions spanning 1991-2024, including continuity mechanisms for abolished bodies (State Pollution Control Commission, Ministry for the Environment)","Fund mechanics: s 34A specifies 15+ distinct revenue streams into the EPA Fund with conditional investment powers depending on GSF agency status","Dual role provisions: CEO is Board member without voting rights; Chairperson part-time but with specific removal protections","Aboriginal representation requirements: Specific eligibility criteria for Board members representing Aboriginal cultural values (s 15(3B))"],"plain_english_summary":"This legislation creates and governs the **Environment Protection Authority (EPA)** in New South Wales. Here's what it does:\n\n**What it does:**\n- **Establishes the EPA** as a statutory body corporate with powers to protect, restore and enhance the environment\n- **Sets the EPA's objectives** including reducing risks to human health, preventing environmental degradation, promoting pollution prevention, taking action on climate change, and encouraging waste reduction and recycling\n- **Defines 'ecologically sustainable development'** through four key principles: the precautionary principle (don't wait for full scientific certainty before acting on serious threats), inter-generational equity (protect the environment for future generations), conservation of biological diversity, and improved valuation/pricing mechanisms (polluter pays)\n- **Creates a Board** to oversee the EPA (5-7 members including a Chairperson and CEO) with specific skills requirements including environmental science, law, business, and Aboriginal cultural values\n- **Gives the EPA broad powers** to: issue licences and notices; conduct research; make grants; develop environmental quality objectives; monitor the state of the environment; and direct public authorities to take environmental action\n- **Requires triennial State of the Environment reports** to Parliament, including waste data and Aboriginal perspectives\n- **Establishes an Environment Protection Authority Fund** to receive fees, fines, and penalties from various environmental laws\n- **Protects decision-makers** from personal liability when acting in good faith\n\n**Who it affects:**\n- Industries and businesses requiring environmental licences\n- Public authorities (government agencies and local councils) who must follow EPA directions\n- The general public, who benefit from environmental protection and can access EPA information\n- Aboriginal communities, whose cultural values and knowledge must be represented on the Board and in reporting\n\n**Why it matters:**\nThis is the foundational statute for environmental regulation in NSW. It creates the primary agency responsible for enforcing environmental laws, gives it teeth to issue binding directions, and ensures independence from political interference in prosecutions (the Board, not the Minister, decides whether to prosecute serious offences). The 2022 and 2024 amendments strengthened governance and expanded the EPA's role in climate action and carbon neutrality."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s practical scope has expanded from a core administrative and regulatory body to include new policy and market‑facing powers (notably arrangements and property purchases for carbon neutrality, s8), an enlarged list of environment legislation under its remit (s3), explicit Ministerial power to assume licensing matters (s13A), creation of an Authority Fund to collect fees and penalties (s34A), strengthened reporting/audit duties (s9–10), and recent liability exclusions for statements (s35A). These changes widen operational, financial and regulatory reach and increase points of discretion."},"complexity_factors":["Layered governance: Board, Chairperson, CEO and advisory committees with overlapping roles and appointment rules (ss14–18, sch 1; pts on advisory committees)","Ministerial intervention: Minister may give general directions and can require referral of licensing functions, including taking decisions away from the Authority (ss13,13A)","Delegation and sub‑delegation pathways, including cross‑jurisdictional authorised persons and councils (s21)","Funding and revenue flows through a dedicated Fund with diverse revenue sources and specific spending/investment rules (s34A)","Criminal prosecution gatekeeping: Board must follow counsel advice before instituting serious offence prosecutions, with non‑delegable decisions (ss16,17)","Extensive cross‑references to other Acts that expand duties and interactions (definition of environment protection legislation, s3)","Reporting and audit obligations with mandated triennial reports and inclusion of Aboriginal perspectives (s10)","Liability exclusions for protected persons and for certain statements, affecting risk allocation (ss35,35A)"],"plain_english_summary":"This Act creates the New South Wales Environment Protection Authority, its Board and CEO, and gives the Authority powers to set environmental objectives, monitor and audit environmental quality, publish triennial state‑of‑the‑environment reports and administer licences (ss6–10, s13A). It establishes an Authority fund fed by licence fees, penalties and other amounts (s34A), requires the Board to determine policy and prosecution steps (ss16,17), and permits the Minister to give directions or refer specific licensing decisions to the Minister (ss13,13A)."}},"importantCases":[],"_links":{"self":"/api/acts/protection-of-the-environment-administration-act-1991","history":"/api/acts/protection-of-the-environment-administration-act-1991/history","analysis":"/api/acts/protection-of-the-environment-administration-act-1991/analysis","conflicts":"/api/acts/protection-of-the-environment-administration-act-1991/conflicts","importantCases":"/api/acts/protection-of-the-environment-administration-act-1991/important-cases","documents":"/api/acts/protection-of-the-environment-administration-act-1991/documents"}}