The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
In this Act—
activity means an industrial, agricultural or commercial activity or an activity of any other nature whatever (including the keeping of a substance or an animal).
air impurity includes smoke, dust (including fly ash), cinders, solid particles of any kind, gases, fumes, mists, odours and radioactive substances.
air pollution means the emission into the air of any air impurity.
aircraft includes a remotely piloted aircraft, an unmanned aircraft system or a drone.
appropriate regulatory authority—see section 6.
asbestos has the same meaning as it has in Schedule 1.
asbestos waste has the same meaning as it has in Schedule 1.
authorised officer means a person appointed under Part 7.2 by an appropriate regulatory authority.
authorised officer, for Chapter 5, Part 5.6AA—see section 144AD.
chemical control order has the same meaning as in section 296I(1).
chemical use notice has the same meaning as in section 296F(1).
clean-up action—
(a) in relation to a pollution incident—includes—
(i) action to prevent, minimise, remove, disperse, destroy or mitigate pollution resulting or likely to result from the pollution incident, and
(ii) ascertaining the nature and extent of the pollution incident and the actual or likely resulting pollution, and
(iii) preparing and carrying out a remedial plan of action to deal with the pollution incident, and
(iv) actions required to restore the environment to a state that is as close as possible to the state the environment was in immediately before the pollution incident, and
(v) carrying out—
(A) specified tests or environmental monitoring, and
(B) action to facilitate testing by the appropriate regulatory authority, and
(vi) giving the appropriate regulatory authority a specified test, monitoring or a report, and
(b) also includes action to remove or store the following—
(i) waste disposed of on land unlawfully,
(ii) chemicals,
(iii) products or articles containing chemicals.
Commonwealth register, for Part 9.3E, Division 1—see section 296.
control equipment means any apparatus or device used or designed—
(a) to prevent, limit or regulate pollution (including any emission of noise), or
(b) to monitor or to give warning of pollution (including any emission of noise), or
(c) to give warning of any emission, leak, spill or other escape of substances causing pollution,
and includes any apparatus or device that, though not so used, is or would, if properly maintained and operated, be capable (without modification) of being so used, but does not include any apparatus or device prescribed as excluded from this definition. An apparatus or device can be control equipment whether or not it is used for additional purposes or designed for other or additional purposes.
depositing litter, for Chapter 5, Part 5.6AA—see section 144AD.
environment protection licence means a licence authorising the carrying out of scheduled development work or scheduled activities or controlling the pollution of water arising from non-scheduled activities, being a licence issued under Chapter 3 and in force.
environment protection notice means a clean-up notice, prevention notice or prohibition notice issued under Chapter 4 and in force.
environmental values of water means the environmental values of water specified in the Australian and New Zealand Guidelines for Fresh and Marine Water Quality 2018, published by the Australian and New Zealand Governments and State and Territory Governments, as in force from time to time.
environmentally hazardous chemical means a chemical the subject of a chemical control order.
Green Offsets Fund means the Fund established under section 295U.
harm to the environment includes any direct or indirect alteration of the environment that has the effect of degrading the environment and, without limiting the generality of the above, includes any act or omission that results in pollution.
illegal dumping offence, for Chapter 5, Part 5.6AA—see section 144AE(2).
industrial chemical, for Part 9.3E, Division 1—see section 296.
Intergovernmental Agreement on the Environment means the agreement made on 1 May 1992 between the Commonwealth, the States, the Australian Capital Territory, the Northern Territory and the Australian Local Government Association (a copy of which is set out in the Schedule to the National Environment Protection Council (New South Wales) Act 1995).
land pollution—
(a) means placing in or on, or otherwise introducing into or onto, land, whether through an act or omission, matter, whether solid, liquid or gaseous, that—
(i) causes or is likely to cause—
(A) degradation of the land, resulting in actual or potential harm to the health or safety or human beings, animals or other terrestrial life or ecosystems that is not trivial, or
(B) actual or potential loss or property damage that is not trivial, or
(ii) is of a prescribed nature, description or class, or
(iii) does not comply with a standard prescribed about the matter, and
(b) includes matter placed in or on, or otherwise introduced into or onto, a building, chattel or fixture on, below or above land, but
Example of matter placed in a chattel on land—
matter placed in a shipping container on the land
(c) does not include placing in or on, or otherwise introducing into or onto, land, or a building, chattel or fixture on, below or above land, a substance excluded from this definition by the regulations.
licence means an environment protection licence.
licence application means an application for the issue, transfer, variation or surrender of a licence.
litter, for Chapter 5, Part 5.6AA—see section 144AD.
(b) the Lord Howe Island Board in relation to Lord Howe Island, or
(c) the Environment Protection Authority in relation to the Western Division, except any part of the Western Division within the area of a local council, or
(d) an authority prescribed by the regulations for the purposes of this paragraph for any place not covered above, or
(e) an authority prescribed instead by the regulations for the purposes of this paragraph for any place wholly or partly covered above.
manufacture, for Part 9.3E, Division 1—see section 296.
navigable waters means all waters that are from time to time capable of navigation and are open to or used by the public for navigation, whether on payment of a fee or otherwise, but does not include flood waters that have temporarily flowed over the established bank of a watercourse.
noise includes sound and vibration.
noise pollution means the emission of offensive noise.
non-scheduled activity means an activity that is not a scheduled activity and is not scheduled development work.
NSW IChEMS register has the same meaning as in section 296A(1).
occupier of premises means the person who has the management or control of the premises.
offensive noise means noise—
(a) that, by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances—
(i) is harmful to (or is likely to be harmful to) a person who is outside the premises from which it is emitted, or
(ii) interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or repose of a person who is outside the premises from which it is emitted, or
(b) that is of a level, nature, character or quality prescribed by the regulations or that is made at a time, or in other circumstances, prescribed by the regulations.
offensive odour means an odour—
(a) that, by reason of its strength, nature, duration, character or quality, or the time at which it is emitted, or any other circumstances—
(i) is harmful to (or is likely to be harmful to) a person who is outside the premises from which it is emitted, or
(ii) interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or repose of a person who is outside the premises from which it is emitted, or
(b) that is of a strength, nature, duration, character or quality prescribed by the regulations or that is emitted at a time, or in other circumstances, prescribed by the regulations.
open fire or fire in the open means any fire in which the products of combustion are not directed to the open air by a stack or chimney.
open private place, for Chapter 5, Part 5.6AA—see section 144AD.
owner of a motor vehicle includes the responsible person for the vehicle within the meaning of the Road Transport Act 2013.
owner of waste or other substances does not include (in any provision under which a person commits an offence in the capacity of owner) a financial institution that is acting solely as a holder of a security interest in the waste or other substances. In that case, the person who has control of the waste or other substances is taken to be the owner.
penalty notice—see section 224.
plant means any plant, equipment, apparatus, device, machine or mechanism, and includes any vessel, dredge, unit of rolling stock or crane, but does not include a motor vehicle.
pollution means—
(a) water pollution, or
(b) air pollution, or
(c) noise pollution, or
(d) land pollution.
pollution incident means an incident or set of circumstances during or as a consequence of which there is or is likely to be a leak, spill or other escape or deposit of a substance, as a result of which pollution has occurred, is occurring or is likely to occur. It includes an incident or set of circumstances in which a substance has been placed or disposed of on premises, but it does not include an incident or set of circumstances involving only the emission of any noise.
pollution of land has the same meaning as land pollution.
preliminary investigation compliance notice, for Chapter 4, Part 4.1A—see section 90G(1).
preliminary investigation notice, for Chapter 4, Part 4.1A—see section 90B(2).
premises includes—
(a) a building or structure, or
(b) land or a place (whether enclosed or built on or not), or
(c) a mobile plant, vehicle, vessel or aircraft.
private place means any premises that are not a public place.
protection of the environment policy means a protection of the environment policy made by the Governor under Chapter 2 and in force.
public authority means a public or local authority constituted by or under an Act, and includes—
(a) a government department, or
(b) a statutory body representing the Crown, a State owned corporation or a local council, or
(c) a member of staff or other person who exercises functions on behalf of a public authority.
(b) a State forest or flora reserve within the meaning of the Forestry Act 2012, and
(c) a national park, state conservation area, historic site, nature reserve, karst conservation reserve, regional park or Aboriginal area within the meaning of the National Parks and Wildlife Act 1974, and
(d) a place that is open to the public, or is used by the public, whether or not on payment of money or other consideration, whether or not the place is ordinarily so open or used, and whether or not the public to whom the place is so open, or by whom the place is so used, consists only of a limited class of persons.
recall cost notice, for Chapter 4, Part 4.2A—see section 94M(1).
recall notice, for Chapter 4, Part 4.2A—see section 94B.
records includes plans, specifications, maps, reports, books and other documents (whether in writing, in electronic form or otherwise).
regulatory authority means the EPA, a local authority or a public authority prescribed for the purposes of section 6 (3).
related body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth.
related entity has the same meaning as in the Corporations Act 2001 of the Commonwealth.
relevant circumstances, for Chapter 4, Part 4.1A—see section 90B(1).
remediation work means work for the remediation, rehabilitation or monitoring of any premises which are or have been the subject of an environment protection licence, being work that is required to be carried out by or under this Act—
(a) while the premises are being used for the purposes to which the licence relates, or
(b) after the premises cease being used for the purpose to which the licence relates,
or both.
resource recovery exemption means an exemption—
(a) by, or provided for in, regulations made under section 286 from provisions of this Act or the regulations in relation to an activity, or class of activities, relating to waste, and
(b) in relation to which the regulations expressly state that a resource recovery order is, or may be, made in relation to the exemption.
resource recovery order means an order made under section 286A.
unit of rolling stock means a vehicle designed to run on rails, but does not include a vehicle designed to operate both on and off rails when the vehicle is not operating on rails.
use, for Part 9.3E, Division 1—see section 296.
vessel means any kind of vessel used in navigation.
waste includes—
(a) any substance (whether solid, liquid or gaseous) that is discharged, emitted or deposited in the environment in such volume, constituency or manner as to cause an alteration in the environment, or
(b) any discarded, rejected, unwanted, surplus or abandoned substance, or
(c) any otherwise discarded, rejected, unwanted, surplus or abandoned substance intended for sale or for recycling, processing, recovery or purification by a separate operation from that which produced the substance, or
(d) any processed, recycled, re-used or recovered substance produced wholly or partly from waste that is applied to land, or used as fuel, but only in the circumstances prescribed by the regulations, or
(e) any substance prescribed by the regulations to be waste.
A substance is not precluded from being waste for the purposes of this Act merely because it is or may be processed, recycled, re-used or recovered.
waste facility means any premises used for the storage, treatment, processing, sorting or disposal of waste (except as provided by the regulations).
water pollution or pollution of waters means—
(a) placing in or on, or otherwise introducing into or onto, waters (whether through an act or omission) any matter, whether solid, liquid or gaseous, so that the physical, chemical or biological condition of the waters is changed, or
(b) placing in or on, or otherwise introducing into or onto, the waters (whether through an act or omission) any refuse, litter, debris or other matter, whether solid or liquid or gaseous, so that the change in the condition of the waters or the refuse, litter, debris or other matter, either alone or together with any other refuse, litter, debris or matter present in the waters makes, or is likely to make, the waters unclean, noxious, poisonous or impure, detrimental to the health, safety, welfare or property of persons, undrinkable for farm animals, poisonous or harmful to aquatic life, animals, birds or fish in or around the waters or unsuitable for use in irrigation, or obstructs or interferes with, or is likely to obstruct or interfere with persons in the exercise or enjoyment of any right in relation to the waters, or
(c) placing in or on, or otherwise introducing into or onto, the waters (whether through an act or omission) any matter, whether solid, liquid or gaseous, that is of a prescribed nature, description or class or that does not comply with any standard prescribed in respect of that matter,
and, without affecting the generality of the foregoing, includes—
(d) placing any matter (whether solid, liquid or gaseous) in a position where—
(i) it falls, descends, is washed, is blown or percolates, or
(ii) it is likely to fall, descend, be washed, be blown or percolate,
into any waters, onto the dry bed of any waters, or into any drain, channel or gutter used or designed to receive or pass rainwater, floodwater or any water that is not polluted, or
(e) placing any such matter on the dry bed of any waters, or in any drain, channel or gutter used or designed to receive or pass rainwater, floodwater or any water that is not polluted,
if the matter would, had it been placed in any waters, have polluted or have been likely to pollute those waters.
waters means the whole or any part of—
(a) any river, stream, lake, lagoon, swamp, wetlands, unconfined surface water, natural or artificial watercourse, dam or tidal waters (including the sea), or
(b) any water stored in artificial works, any water in water mains, water pipes or water channels, or any underground or artesian water.
sch 6 (previously Dictionary): Am 1998 No 120, Sch 1.35 [7]; 1999 No 19, Sch 2.32 [6] [7]; 1999 No 31, Sch 1.37 [17]; 2000 No 20, Sch 1 [19]; 2000 No 53, Sch 1.23 [2]; 2002 No 14, Sch 2 [41] [42]; 2005 No 11, Sch 3.29 [1] [2]; 2005 No 96, Sch 1 [152]–[158]; 2006 No 58, Sch 1.24 [9]; 2006 No 84, Sch 2.13; 2006 No 120, Sch 1.22 [7]; 2008 No 95, Sch 2.9 [1] [2]; 2011 No 63, Sch 2 [24]; 2012 No 96, Sch 4.30; 2013 No 19, Sch 4.64 [4]; 2014 No 65, Sch 2.1 [14]; 2014 No 72, Sch 4.13 [2]; 2017 No 17, Sch 4.79; 2017 No 21, Sch 3 [17] [18]; 2017 No 22, Sch 2.35; 2018 No 80, Sch 1 [12]; 2020 No 30, Schs 1.35[8], 2.32, 4.77; 2022 No 3, Sch 5[81] [82]; 2024 No 10, Sch 1[21]. Renumbered 2024 No 20, Sch 9[81]. Am 2024 No 20, Sch 9[82]–[84]; 2025 No 58, Sch 9[86].
Dictionary, hdg: Renumbered as Sch 6, heading, 2024 No 20, Sch 9[81].
Dictionary: Am 1998 No 120, Sch 1.35 [7]; 1999 No 19, Sch 2.32 [6] [7]; 1999 No 31, Sch 1.37 [17]; 2000 No 20, Sch 1 [19]; 2000 No 53, Sch 1.23 [2]; 2002 No 14, Sch 2 [41] [42]; 2005 No 11, Sch 3.29 [1] [2]; 2005 No 96, Sch 1 [152]–[158]; 2006 No 58, Sch 1.24 [9]; 2006 No 84, Sch 2.13; 2006 No 120, Sch 1.22 [7]; 2008 No 95, Sch 2.9 [1] [2]; 2011 No 63, Sch 2 [24]; 2012 No 96, Sch 4.30; 2013 No 19, Sch 4.64 [4]; 2014 No 65, Sch 2.1 [14]; 2014 No 72, Sch 4.13 [2]; 2017 No 17, Sch 4.79; 2017 No 21, Sch 3 [17] [18]; 2017 No 22, Sch 2.35; 2018 No 80, Sch 1 [12]; 2020 No 30, Schs 1.35[8], 2.32, 4.77; 2022 No 3, Sch 5[81] [82]; 2024 No 10, Sch 1[21]. Renumbered as Sch 6, 2024 No 20, Sch 9[81].
Schedule Schedule 6 - Protection of the Environment Operations Act 1997 - Dictionary | Zoe