{"id":"nsw:act-2017-021","name":"Protection of the Environment Legislation Miscellaneous Amendments Act 2017","slug":"protection-of-the-environment-legislation-miscellaneous-amendments-act-2017","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"21 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29270,"registerId":"nsw-act-2017-021-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Protection of the Environment Legislation Miscellaneous Amendments Act 2017](/view/html/inforce/current/act-2017-021).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) This Act commences on the date of assent to this Act, except as provided by this section.\n> \n> > (2) Schedule 3 \\[1\\], \\[2\\], \\[4\\], \\[9\\], \\[11\\]–\\[13\\], \\[15\\] and \\[17\\] commence on a day or days to be appointed by proclamation.","sortOrder":1},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedules 1, 2 (Repealed)\n\n**sch 1:** Rep 1987 No 15, sec 30C.\n\n**sch 2:** Rep 1987 No 15, sec 30C.","sortOrder":2},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Amendment of Protection of the Environment Operations Act 1997 No 156","content":"# Schedule 3 Amendment of Protection of the Environment Operations Act 1997 No 156\n\nSchedule 3 Amendment of [Protection of the Environment Operations Act 1997 No 156](/view/html/inforce/current/act-1997-156)\n\n**sch 3:** Am 1987 No 15, sec 30C.","sortOrder":3},{"sectionNumber":"76A","sectionType":"section","heading":"Application of Part","content":"#### 76A Application of Part\n\n76A Application of Part\n\n> This Part does not apply to a licence to carry out any scheduled activity that involves the transportation of trackable waste.","sortOrder":6},{"sectionNumber":"3","sectionType":"section","heading":null,"content":"#### 3\n\n\\[3\\] (Repealed)","sortOrder":7},{"sectionNumber":"4","sectionType":"section","heading":"Chapter 3, Part 3.6A","content":"#### 4 Chapter 3, Part 3.6A\n\n\\[4\\] Chapter 3, Part 3.6A\n\n> Insert after Part 3.6:","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Duration and renewal of licences to transport trackable waste","content":"# Part 3 Duration and renewal of licences to transport trackable waste\n\nPart 3.6A Duration and renewal of licences to transport trackable waste","sortOrder":9},{"sectionNumber":"78A","sectionType":"section","heading":"Application of Part","content":"#### 78A Application of Part\n\n78A Application of Part\n\n> This Part applies to a licence to carry out any scheduled activity that involves the transportation of trackable waste (a licence to transport trackable waste).","sortOrder":10},{"sectionNumber":"78B","sectionType":"section","heading":"Duration of licence to transport trackable waste","content":"#### 78B Duration of licence to transport trackable waste\n\n78B Duration of licence to transport trackable waste\n\n> > (1) Once a licence to transport trackable waste comes into force, the licence remains in force for the period specified in the licence, being a period not longer than 5 years, unless it is suspended, revoked or surrendered.\n> \n> > (2) The licence is, while it remains in force, subject to any variations made to the licence under this Act.","sortOrder":11},{"sectionNumber":"78C","sectionType":"section","heading":"Renewal of licence to transport trackable waste","content":"#### 78C Renewal of licence to transport trackable waste\n\n78C Renewal of licence to transport trackable waste\n\n> > (1) The holder of a licence to transport trackable waste may apply in writing to the appropriate regulatory authority for the renewal of the licence.\n> \n> > (2) An application for renewal of a licence to transport trackable waste must:\n> > \n> > > (a) be made in or to the effect of a form approved by the appropriate regulatory authority, and\n> > \n> > > (b) contain or be accompanied by such information as is required by the appropriate regulatory authority (as indicated in the form or in material accompanying the form), and\n> > \n> > > (c) be made within the time period prescribed by the regulations, and\n> > \n> > > (d) be accompanied by the fee prescribed by the regulations.\n> \n> > (3) The appropriate regulatory authority may renew a licence to transport trackable waste for a period specified in the licence, being a period not longer than 5 years.\n> \n> > (4) The appropriate regulatory authority must not refuse an application for renewal unless before doing so:\n> > \n> > > (a) it has given notice to the applicant that it intends to do so, and\n> > \n> > > (b) it has specified in that notice the reasons for its intention to do so, and\n> > \n> > > (c) it has given the applicant a reasonable opportunity to make submissions in relation to the matter, and\n> > \n> > > (d) it has taken into consideration any such submissions by the applicant.\n> \n> Note—\n> \n> Section 287 enables appeals to be made in connection with licence applications within a specified period after the person is given notice of the decision concerned. The section provides that the person may appeal if the licence application is not granted within 60 days, and for the purposes of the appeal the licence application is taken to have been refused.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":null,"content":"#### 10\n\n\\[5\\]–\\[10\\] (Repealed)","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Section 287 Appeals regarding licence applications and licences","content":"#### 11 Section 287 Appeals regarding licence applications and licences\n\n\\[11\\] Section 287 Appeals regarding licence applications and licences\n\n> Insert “or renewal” after “issue” in section 287 (2).","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Section 287 (2) note, Schedule 2, clause 8 (1) and (2) and Dictionary, definition of “licence application”","content":"#### 12 Section 287 (2) note, Schedule 2, clause 8 (1) and (2) and Dictionary, definition of “licence application”\n\n\\[12\\] Section 287 (2) note, Schedule 2, clause 8 (1) and (2) and Dictionary, definition of “licence application”\n\n> Insert “renewal,” after “issue,” wherever occurring.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Section 308 Public register","content":"#### 13 Section 308 Public register\n\n\\[13\\] Section 308 Public register\n\n> Insert “, other than an application for the renewal of a licence to transport trackable waste within the meaning of section 78A,” after “licence application” in section 308 (2) (a).","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":null,"content":"#### 14\n\n\\[14\\] (Repealed)","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Schedule 2 Regulation-making powers","content":"#### 15 Schedule 2 Regulation-making powers\n\n\\[15\\] Schedule 2 Regulation-making powers\n\n> Insert “, for renewal of a licence” after “application for a licence” in clause 9 (4).","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":null,"content":"#### 18\n\n\\[16\\]–\\[18\\] (Repealed)","sortOrder":19},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":null,"content":"# Schedule 4\n\nSchedules 4, 5 (Repealed)\n\n**sch 4:** Rep 1987 No 15, sec 30C.\n\n**sch 5:** Rep 1987 No 15, sec 30C.","sortOrder":20}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose of amending waste transport licensing provisions. The miscellaneous amendments are genuinely minor and consequential, supporting the main purpose rather than expanding it."},"complexity_factors":["Short, targeted amending Act with only 5 substantive items in Schedule 3","Simple amendment pattern: inserting words like 'or renewed' after 'issued' in multiple locations","Single new substantive provision (Part 3.6A) with straightforward structure: application, duration, renewal","Minimal cross-referencing - only references back to existing sections 287 and 308","No nested exceptions or complex conditional logic in the new provisions","Standard administrative law procedural requirements (notice, reasons, opportunity to respond) presented linearly","Repealed schedules (1, 2, 4, 5) and items (3, 5-10, 14, 16-18) create some visual clutter but don't add substantive complexity"],"plain_english_summary":"This Act makes targeted changes to New South Wales environmental protection laws, specifically around how licences work for companies that transport hazardous or trackable waste.\n\n**What it does:**\n- **Creates a new system for waste transport licences**: Introduces a dedicated Part 3.6A to the *Protection of the Environment Operations Act 1997* that sets specific rules for licences to transport \"trackable waste\" (hazardous waste that must be monitored from cradle to grave).\n- **Sets time limits**: These waste transport licences can last up to 5 years and must be renewed periodically.\n- **Establishes renewal procedures**: Creates a formal process for applying to renew these licences, including requirements for forms, fees, information, and timelines set by regulations.\n- **Adds fairness protections**: Regulators must give reasons and allow submissions before refusing a renewal application.\n- **Updates related provisions**: Makes consequential amendments throughout the Act to ensure references to \"issue\" of licences now also cover \"renewal\", and ensures renewal applications for waste transport licences don't appear on the public register (unlike other licence applications).\n\n**Who it affects:**\n- Companies that transport hazardous/trackable waste in NSW\n- The NSW Environment Protection Authority (EPA) and other regulatory authorities\n- Communities concerned about waste transport oversight\n\n**Why it matters:**\nPreviously, waste transport licences may have operated differently from other environmental licences. This creates a consistent, time-limited licensing framework with clear renewal pathways, ensuring regular regulatory oversight of hazardous waste transporters while streamlining the administrative process."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of this Act changed from its original intent. It appears to have been enacted as a standard miscellaneous amendments package targeting existing NSW environmental protection legislation. The staged commencement dates are consistent with planned, deliberate implementation rather than scope changes. However, without access to the full text of the amendments, a definitive assessment cannot be made."},"complexity_factors":["The actual amendment content is not visible in the provided text — only metadata and website navigation are shown, making full analysis impossible","Miscellaneous amendment Acts inherently span multiple pieces of legislation, requiring cross-referencing of several parent Acts to understand the full effect","Staged commencement dates (1 June 2017, 2 June 2017, 9 November 2017) suggest different provisions took effect at different times, adding some complexity","The automatic repeal mechanism under the Interpretation Act adds a procedural layer that can confuse non-lawyers","Without the substantive amendment content, the complexity cannot be fully rated — the score reflects the typical complexity of miscellaneous amendment legislation of this type"],"plain_english_summary":"A housekeeping Act that makes minor technical fixes, updates and clarifications across existing NSW environmental protection laws — not new policy but corrections to references, procedures and inconsistencies.\n\nIt mainly affects businesses and individuals holding environmental licences, enforcement agencies (eg EPA) and advisors; those practical tweaks can alter enforcement, approvals or administrative processes. The Act is procedural and typically self‑repeals once its amendments take effect."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act narrows the application of existing Part 3.6 by excluding licences to transport trackable waste and creates a dedicated Part 3.6A governing their duration and renewal (ss76A; 78A–78C). It caps licence terms at five years, sets regulated renewal procedures and fees, excludes renewal applications from the public register (s308 amendment), and extends appeal and regulation-making references to cover renewals (s287; Sch 2). These changes shift regulatory scope from the general licensing regime to a specialised, renewal-focused regime."},"complexity_factors":["Creates a new, targeted Part (3.6A) that interacts with and carves out an existing Part (3.6), requiring careful cross-referencing","Introduces procedural renewal requirements (form, information, timing, fee) that delegate detail to regulations (s78C(2); Sch 2)","Adds procedural fairness constraints before refusal (notice, reasons, opportunity to make submissions) which affect administrative practice (s78C(4))","Excludes renewal applications from the public register, changing transparency and access rules (s308 amendment)","Amends appeal and register provisions to include renewals, increasing cross‑statutory linkage (s287; s308; Sch 2)","Limited scope but requires agencies to change application forms, fee schedules and internal decision processes"],"plain_english_summary":"Creates a separate licence regime for transporting “trackable waste” by carving those licences out of Part 3.6 and inserting Part 3.6A. Licences run for up to five years and may be renewed by applying in an approved form with prescribed information and a fee; the regulator decides renewals and must give reasons and an opportunity to respond before refusing (ss78A–78C).  Renewal applications are excluded from the public register (s308 amendment); appeal and regulation-making rules are adjusted to include renewals (s287, Sch 2)."}},"importantCases":[],"_links":{"self":"/api/acts/protection-of-the-environment-legislation-miscellaneous-amendments-act-2017","history":"/api/acts/protection-of-the-environment-legislation-miscellaneous-amendments-act-2017/history","analysis":"/api/acts/protection-of-the-environment-legislation-miscellaneous-amendments-act-2017/analysis","conflicts":"/api/acts/protection-of-the-environment-legislation-miscellaneous-amendments-act-2017/conflicts","importantCases":"/api/acts/protection-of-the-environment-legislation-miscellaneous-amendments-act-2017/important-cases","documents":"/api/acts/protection-of-the-environment-legislation-miscellaneous-amendments-act-2017/documents"}}