1 Name of Regulation

1 Name of Regulation

This Regulation is the Protection of the Environment Operations (General) Regulation 2022.

2 Commencement

2 Commencement

This Regulation commences on 1 September 2022.

Note—

This Regulation replaces the Protection of the Environment Operations (General) Regulation 2021, which is repealed on 1 September 2022 by that Regulation, clause 149(1).

3 Interpretation

3 Interpretation

(1) The Dictionary in Schedule 10 defines words used in this Regulation.

(2) Terms used in this Regulation, Schedule 1 have the same meanings as they have in the Act, Schedule 1.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

4 Use of examples

4 Use of examples

(1) An example of the operation of a provision of this Regulation at the end of the provision is for the provision unless the example relates to another provision.

(2) An example of the operation of a provision of this Regulation—

(a) is not exhaustive, and

(b) does not limit, but may extend, the meaning of the provision.

(3) The example and the provision must be read in the context of each other and the other provisions of this Regulation.

(4) However, if the example and the provision when read this way are inconsistent, the provision prevails.

5 Definitions

5 Definitions

In this Chapter—

marine park means a marine park, within the meaning of the Marine Estate Management Act 2014, but does not include a part of a park—

(a) on the landward side of the mean high water mark of the waters within the marine park, and

(b) within an area, within the meaning of the Local Government Act 1993.

non-pilotage vessel means a vessel other than a vessel for which—

(a) pilotage is compulsory under the Marine Safety Act 1998, Part 6, Division 3, or

(b) pilotage would be compulsory under the Marine Safety Act 1998, Part 6, Division 3 if the master is not the holder of a marine pilotage exemption certificate under that Act.

6 Transport for NSW—non-scheduled activities involving non-pilotage vessels

6 Transport for NSW—non-scheduled activities involving non-pilotage vessels

(1) Transport for NSW is declared to be the appropriate regulatory authority for non-scheduled activities involving a non-pilotage vessel in navigable waters, including in a marine park, except in relation to the following—

(a) the exercise of functions under the Act, Chapter 3,

(b) premises defined in an environment protection licence as the premises to which the licence applies and all activities carried on at the premises,

(c) activities carried on by the State or a public authority, whether at premises occupied by the State or a public authority or otherwise,

(d) a matter for which a public authority, other than a local authority or Transport for NSW, is declared under the Act, section 6(3) to be the appropriate regulatory authority.

(2) (Repealed)

s 6: Am 2025 (331), Sch 1[1].

7 Secretary of DCCEEW—non-scheduled activities in Kosciuszko National Park

7 Secretary of DCCEEW—non-scheduled activities in Kosciuszko National Park

(1) The Secretary of the Department of Climate Change, Energy, the Environment and Water is declared to be the appropriate regulatory authority for non-scheduled activities in Kosciuszko National Park, except in relation to the following—

(a) the exercise of functions under the Act, Chapter 3,

(b) premises defined in an environment protection licence as the premises to which the licence applies and all activities carried on at the premises,

(c) activities carried on by the State or a public authority, whether at premises occupied by the State or a public authority or otherwise,

(d) activities carried on by an authorised network operator, within the meaning of the Electricity Network Assets (Authorised Transactions) Act 2015, whether at premises occupied by the authorised network operator or otherwise,

(e) a matter for which a public authority, other than a local authority or the Secretary of the Department of Climate Change, Energy, the Environment and Water, is declared under the Act, section 6(3) to be the appropriate regulatory authority,

(f) non-scheduled activities involving a non-pilotage vessel in navigable waters.

(2) (Repealed)

s 7: Am 2024 No 20, Sch 10[1] [2]; 2025 No 1, Sch 2[1].

8 EPA—burning of bio-material in electricity generating works

8 EPA—burning of bio-material in electricity generating works

The EPA is declared to be the appropriate regulatory authority for a matter arising under this Regulation, Chapter 9, Part 3.

9 EPA—energy recovery from thermal treatment of waste

9 EPA—energy recovery from thermal treatment of waste

The EPA is declared to be the appropriate regulatory authority for a matter arising under this Regulation, Chapter 9, Part 4.

10 EPA—construction and operation of light rail infrastructure

10 EPA—construction and operation of light rail infrastructure

(1) The EPA is declared to be the appropriate regulatory authority for non-scheduled activities involving the following—

(a) the construction of light rail infrastructure, which includes the following—

(i) the widening or rerouting of existing light rail infrastructure,

(ii) associated works to utilities or utility services, including utilities associated with sewerage, drainage, gas, electricity or telecommunication services,

(iii) the extraction of materials necessary for the construction,

(iv) on site processing, including crushing, grinding or separating, of extracted materials or other materials used in the construction,

(b) the operation of light rail infrastructure, which includes the following—

(i) the on-site repair, maintenance or replacement of existing light rail infrastructure,

(ii) the operation of light rail vehicles on light rail tracks.

(2) In this section—

light rail infrastructure includes light rail tracks, sleepers and ballasts, cuttings, embankments, earthworks, bridges, tunnels, over track structures and signalling equipment.

11 EPA—outdoor entertainment activities

11 EPA—outdoor entertainment activities

(1) The EPA is declared to be the appropriate regulatory authority for outdoor entertainment activities involving 200 persons or more, which are carried on at the following premises—

(a) the Trust lands, within the meaning of the Royal Botanic Gardens and Domain Trust Act 1980,

(b) the Trust lands, within the meaning of the Centennial Park and Moore Park Trust Act 1983,

(c) the Darling Harbour area,

(d) the Western Sydney Stadium,

(e) the land described in the Sporting Venues Authorities Act 2008, Schedule 4A, Part 1,

(f) the Opera House, within the meaning of the Sydney Opera House Trust Act 1961.

(2) In this section—

Darling Harbour area means the following areas—

(a) the Chinese Garden of Friendship,

(b) Tumbalong Park,

(c) Cockle Bay Promenade,

(d) Pyrmont Bridge,

(e) Cockle Bay,

(f) a public area in the Development Area.

Development Area has the same meaning as in the Darling Harbour Authority Act 1984 immediately before its repeal.

outdoor entertainment activities means the following activities if the activity is carried on outdoors, including if it is carried on, under or within a tent, marquee or similar structure, and sound amplification equipment is used as part of the activity—

(a) concerts,

(b) festivals,

(c) cinematic and theatrical events,

(d) sporting events,

(e) a rehearsal, sound check or other preparation for an activity listed in paragraphs (a)–(d).

Western Sydney Stadium means the following land—

(a) Lots 951–959 and 961–964, DP 42643,

(b) Crown land, part of Lot 80–3000.

12 EPA and Sydney Olympic Park Authority—entertainment activities at Sydney Olympic Park

12 EPA and Sydney Olympic Park Authority—entertainment activities at Sydney Olympic Park

(1) The following public authorities are declared to be the appropriate regulatory authorities for entertainment activities carried on at Sydney Olympic Park—

(a) for an entertainment activity carried on by the State or a public authority—the EPA,

(b) otherwise—the Sydney Olympic Park Authority.

(2) In this section—

entertainment activities means the following activities if sound amplification equipment is used as part of the activity—

(a) concerts,

(b) festivals,

(c) cinematic and theatrical events,

(d) sporting events,

(e) a rehearsal, sound check or other preparation for an activity listed in paragraphs (a)–(d).

Sydney Olympic Park has the same meaning as in the Sydney Olympic Park Authority Act 2001.

13 EPA—certain non-scheduled activities

13 EPA—certain non-scheduled activities

(1) The EPA is declared to be the appropriate regulatory authority for the following non-scheduled activities—

(a) the mixing of crushed or ground rock with bituminous materials, if the activity—

(i) has a capacity to produce more than 150 tonnes of bituminous mixture per day or 30,000 tonnes of bituminous mixture per year, and

(ii) is carried out otherwise than on, or adjacent to, a construction site to provide bituminous mixture for the site for a period totalling no more than 12 months,

(b) the production of pre-mixed concrete having a capacity to produce more than 30,000 tonnes per year of concrete,

Example—

An example of the production of pre-mixed concrete is concrete batching plants.

(c) activities, other than mobile waste processing, that—

(i) include 1 or more of the scheduled activities described in the Act, Schedule 1, Part 1, and

(ii) is carried out by mobile plant,

(d) the transport of hazardous and other waste of more than 200 kilograms per load, other than the transport of excluded waste,

(e) the transport of waste tyres of more than 2 tonnes per load, other than the transport of excluded waste.

(2) In this section—

excluded waste means the following—

(a) waste that is transported while dealing with an accident or emergency,

(b) lead acid batteries or waste oil collected for recovery,

(c) stormwater,

(d) waste to which the Act, Schedule 1, clause 48 applies.

friable asbestos waste means asbestos waste—

(a) in the form of a powder, or

(b) that can be crumbled or reduced to powder by hand pressure when dry.

transport of hazardous and other waste means the transport of hazardous waste, restricted solid waste, liquid waste, clinical and related waste or friable asbestos waste, or a combination of these wastes.

Note—

Terms used in this section that are defined in the Act, Schedule 1 have the same meanings as they have in the Schedule.

14 EPA—use of PFAS firefighting foam

14 EPA—use of PFAS firefighting foam

The EPA is declared to be the appropriate regulatory authority for a matter arising under the following—

(a) section 89B,

(b) section 89C,

(c) Chapter 9, Part 5 as in force from 1 September 2022 until its repeal by the Protection of the Environment Operations (General) Amendment (Regulation of PFAS) Regulation 2025.

s 14: Am 2025 (331), Sch 1[2] [3].

15 EPA—Kooragang Island premises

15 EPA—Kooragang Island premises

(1) The EPA is declared to be the appropriate regulatory authority for non-scheduled activities carried on at the Kooragang Island premises.

(2) In this section—

Kooragang Island premises means the premises shown in yellow on the map titled “Surrender Notice 1111840” and published on the EPA’s website on 26 October 2021.

15A EPA—reporting about food donations

15A EPA—reporting about food donations

The EPA is declared to be the appropriate regulatory authority for a matter arising under the Act, section 170H.

s 15A: Ins 2025 No 1, Sch 2[2].

16 Transitional—EPA—underground petroleum storage systems

16 Transitional—EPA—underground petroleum storage systems

The EPA is declared to be the appropriate regulatory authority—

(a) for a matter arising under a notice, direction or requirement that continues to be in force and was made, issued or given under the Act—

(i) before 1 September 2019, and

(ii) by the EPA or an authorised officer of the EPA because the EPA was the appropriate regulatory authority for matters arising under the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2019, and

(b) until the notice or direction has been complied with or the requirement satisfied.

17 Transitional—EPA—licensed waste activities

17 Transitional—EPA—licensed waste activities

The EPA is declared to be the appropriate regulatory authority—

(a) for a non-scheduled activity that, immediately before 28 April 2008 was licensed as a waste activity, within the meaning of the Act, Schedule 1, as in force immediately before that day, and

(b) until the waste activity no longer continues.

Part 1 Licence fees—the Act, s 57 and Sch 2, cl 9

Part 1 Licence fees—the Act, s 57 and Sch 2, cl 9

Division 1 Preliminary

Division 1 Preliminary

18 Administrative fee unit

18 Administrative fee unit

(1) An administrative fee unit for a licence fee period that begins on a date in the following period is the amount specified for the period—

(a) in the financial year 2022–23—$146,

(b) in the financial year 2023–24—$150,

(c) in the financial year 2024–25—$153,

(d) in the financial year 2025–26—$157,

(e) in the financial year 2026–27—$161,

(f) in each subsequent financial year—the amount, calculated in accordance with the following formula, rounded down to the nearest dollar—

where—

P is the amount of the administrative fee unit in the financial year immediately before the financial year for which the amount is to be calculated.

A is the annual percentage change, expressed in decimals, in the Public Sector Wage Price Index for total hourly rates of pay excluding bonuses for the financial year immediately before the financial year for which the amounts are to be calculated.

(2) If, in a financial year, the annual percentage change in the Public Sector Wage Price Index is not published by the Australian Statistician, the annual percentage change for the immediately preceding financial year applies.

(3) The EPA must, on or before 31 December in 2027 and each following year—

(a) notify the Parliamentary Counsel of the amount of the administrative fee unit for the following financial year so notice of the amount may be published on the NSW legislation website, and

(b) publish on the EPA’s website the fee amounts that apply in that financial year resulting from the application of the administrative fee unit amount calculated under this section for that financial year.

19 Licence fee period

19 Licence fee period

(1) Each period of 12 months commencing on the day a licence is issued is a licence fee period for the licence.

(2) A licence fee period ends if the licence ceases to be in force but not if the licence is suspended.

(3) A licence fee period is not affected by a transfer of the licence.

20 Licence fee period—change

20 Licence fee period—change

(1) The EPA may, on the application of the licence holder or on its own initiative, change a licence fee period for a licence by written notice given to the licence holder—

(a) to provide common licence fee periods for different licences held by a person, or

(b) for another good cause.

(2) The EPA may decline to deal with an application unless the licence holder pays the EPA a reasonable fee of an amount decided by the EPA for dealing with the application.

(3) Despite another provision of this Regulation, if a licence fee period is changed under this section—

(a) the total of the licence fees for the licence in relation to all the periods affected by the change is the same as it would have been if the change had not been made, and

(b) the EPA must—

(i) make refunds in relation to fees already paid, or

(ii) require payment of an additional amount of fees for relevant licence fee periods.

(4) An additional amount payable under subsection (3)(b)(ii) must be paid by the licence holder to the EPA not later than 60 days after notice is given of the change in a licence fee period.

Division 2 Application fees and annual licence fees

Division 2 Application fees and annual licence fees

21 Application fee—the Act, s 53

21 Application fee—the Act, s 53

(1) For the Act, section 53(2)(c), an application for the issue of a licence specified in the table to this subsection must be accompanied by a fee (the application fee) calculated by multiplying—

(a) the amount of an application fee unit for the financial year in which the application is made, and

(b) the number of application fee units specified for the licence in the table.

| Licence | Number of application fee units | | Licence for premises-based scheduled activities | | | 37 | | | 88 | | | 88 | | | 178 | | | 223 | | | 227 | | | 37 | | Licence for scheduled activities not premises-based | | | 41 | | | 4 |

(2) The amount of an application fee unit for a financial year is the same as the amount of an administrative fee unit for the financial year.

(3) Development carried out on land in an Activation Precinct that would be State significant development or State significant infrastructure if it were carried out on land outside an Activation Precinct is taken, for the purposes of this section, to be State significant development or State significant infrastructure.

(4) A fee paid to the EPA as an approval body for integrated development under the Environmental Planning and Assessment Act 1979 for development requiring an environment protection licence must be deducted from the application fee for the licence.

(5) In this section—

critical State significant infrastructure has the same meaning as in the Environmental Planning and Assessment Act 1979, Division 5.2.

development consent has the same meaning as in the Environmental Planning and Assessment Act 1979.

Part 3A concept approval means an approval under the former Environmental Planning and Assessment Act 1979, Part 3A for a concept plan for a project if the Minister determined under that Act, section 75P(1)(c) that no further environmental assessment is required for the project.

State significant development has the same meaning as in the Environmental Planning and Assessment Act 1979.

State significant infrastructure has the same meaning as in the Environmental Planning and Assessment Act 1979 and is taken to include reference to a Part 3A concept approval unless the project to which the Part 3A concept approval applies has been declared to be critical State significant infrastructure.

22 Application fee—refunds

22 Application fee—refunds

(1) The EPA may refund the payment of all or part of an application fee if—

(a) the EPA refuses the application, or

(b) the applicant withdraws the application and the EPA receives written notice of the withdrawal from the applicant.

(2) If the EPA refuses an application, the EPA may grant a refund considering the administrative costs incurred by the EPA in connection with the licence—

(a) on its own initiative, or

(b) if requested by the applicant—

(i) within 90 days of the applicant being notified of the refusal, or

(ii) after the time specified in subparagraph (i)—if the EPA is satisfied there are exceptional circumstances that justify the EPA in considering the request.

23 Annual licence fee

23 Annual licence fee

For the Act, section 57(1), the annual licence fee payable by a licence holder comprises fees that must be paid as follows—

(a) the administrative fee—within 120 days after the beginning of the licence fee period,

(b) if Schedule 1 specifies a load-based fee in relation to an activity controlled or authorised by the licence, the load-based fee—within 120 days after the end of the licence fee period.

Division 3 Administrative fees

Division 3 Administrative fees

24 Steps for calculating administrative fee

24 Steps for calculating administrative fee

(1) The administrative fee is calculated in accordance with the following steps—

Step 1—Calculate administrative fee units

Multiply the amount of 1 administrative fee unit for the relevant licence fee period by—

(a) the number of administrative fee units specified in Schedule 1 for the activity authorised or controlled by the licence, or

(b) if the licence authorises or controls more than one activity—the greatest number of administrative fee units specified in Schedule 1 for one of the activities.

Step 2—Work out environmental management category

Work out the environmental management category for the licence holder in accordance with the environmental management calculation protocol.

Step 3—Calculate administrative fee

Multiply the amount calculated in accordance with step 1 by the environmental management factor specified in the Table to this section, Column 2, for the applicable environmental management category specified in the Table, Column 1.

(2) Steps 2 and 3 do not apply for the purpose of calculating the administrative fee for the following—

(a) a licence relating to an activity declared by the Act, Schedule 1, clause 48 to be a scheduled activity,

(b) if an applicant for a licence relating to premises has not previously held a licence relating to the premises—the first licence fee period for the licence.

Table

| Environmental management category | Environmental management factor | | A | 0.95 | | B | 1.0 | | C | 1.3 | | D | 1.6 | | E | 2.0 |

25 Environmental management calculation protocol

25 Environmental management calculation protocol

(1) The EPA must issue a protocol (the environmental management calculation protocol) to be applied in working out the environmental management category of a licence holder for the purposes of this Division.

(2) The EPA may vary or replace the environmental management calculation protocol from time to time.

(3) The environmental management calculation protocol is issued, varied or replaced by notice published in the Gazette.

(4) The environmental management calculation protocol must provide for the working out of environmental management categories by reference to matters specified in the protocol.

(5) The matters specified must relate to a licence holder’s performance in managing environmental risks.

(6) The environmental management calculation protocol takes effect from the date specified in the protocol.

(7) When a replacement environmental management calculation protocol takes effect, the existing environmental management calculation protocol ceases to have effect.

(8) The environmental management calculation protocol in force under this section must be made available on the EPA’s website.

26 Environmental management category if insufficient information provided

26 Environmental management category if insufficient information provided

(1) This section applies if, within 60 days after the beginning of the relevant licence fee period, a licence holder does not give sufficient information to the EPA for the EPA to work out the correct environmental management category for the licence holder.

(2) The EPA may, considering information available to it, work out the following—

(a) the environmental management category,

(b) the resulting amount of the administrative fee.

(3) The amount of the administrative fee calculated is taken to be the correct fee amount unless the contrary is established by the person who is liable to pay the fee—

(a) in proceedings for the recovery of the fee, or

(b) in other proceedings relating to the fee.

27 Change in environmental management category—adjustment of administrative fee

27 Change in environmental management category—adjustment of administrative fee

(1) This section applies if—

(a) during a licence fee period the EPA receives information from the licence holder, and

(b) the information causes the EPA to reasonably believe that the environmental management category for the licence holder may be incorrect.

(2) The EPA may work out a new environmental management category for the licence holder.

(3) The administrative fee for the licence fee period must be adjusted according to the new environmental management category.

(4) The adjusted fee and new category must be notified to the licence holder in accordance with the Act, section 57(3).

(5) An additional amount of a fee adjusted under this section must be paid by the licence holder to the EPA within 60 days after being notified of the new category.

28 Administrative fee increase—change in activity classification or scale

28 Administrative fee increase—change in activity classification or scale

(1) This section applies if, during a licence fee period—

(a) an activity changes to an activity of a different classification or scale under the Act, Schedule 1, and

(b) the resultant administrative fee is greater than the administrative fee paid or payable for the period by at least the amount of 2 administrative fee units.

(2) After the change in classification or scale—

(a) the EPA must adjust the administrative fee for the licence, and

(b) the difference between the resultant administrative fee and the administrative fee paid or payable for the period must be paid within 60 days after the change occurs.

29 Refunds and waivers

29 Refunds and waivers

(1) The EPA may do one or more of the following if it considers it is appropriate to do so—

(a) refund the payment of all or a part of an administrative fee,

(b) refund the difference between the administrative fee paid and the lesser amount that would have been payable if—

(i) the administrative fee had been calculated on the actual level of the activity during the licence fee period to which the fee relates, or

(ii) during the licence fee period an activity changes to an activity of a different classification or scale,

(c) refund the difference between the administrative fee paid and the lesser amount payable as a result of an adjustment under section 27,

(d) waive the payment of all or a part of an administrative fee for a licence on approval of an application for the surrender of the licence.

(2) The EPA may, considering the administrative costs incurred by the EPA in connection with the licence, grant a refund or waive payment as follows—

(a) on its own initiative,

(b) if requested by the licence holder—

(i) within 120 days after the end of the licence fee period to which the fee relates, or

(ii) after the time specified in subparagraph (i)—if the EPA is satisfied there are exceptional circumstances that justify the EPA in considering the request.

(3) A refund is available under this section only if the amount to be refunded is at least 2 administrative fee units.

(4) The EPA may give a refund by—

(a) offsetting it against an amount owed by the licence holder to the EPA, or

(b) otherwise refunding it to the licence holder.

30 Late payment penalty and refunds

30 Late payment penalty and refunds

(1) If the following amounts are not paid by the due date, the amount payable is increased at the late payment standard rate—

(a) an administrative fee, including an additional amount payable under section 27 or 28,

(b) an additional amount payable under section 20(3)(b)(ii).

(2) The increased amount is prescribed as a penalty for the Act, section 57(4).

(3) The EPA may refund, or waive the payment of, all or a part of the increased amount as follows—

(a) if the EPA considers it is appropriate to do so,

(b) considering the administrative costs incurred by the EPA in connection with the licence.

Division 4 Load-based fees—general—the Act, s 57 and Sch 2, cl 9

Division 4 Load-based fees—general—the Act, s 57 and Sch 2, cl 9

31 Objects of load-based licensing scheme

31 Objects of load-based licensing scheme

The objects of the load-based licensing scheme are as follows—

(a) to provide incentives to reduce the load of pollutants emitted based on the polluter pays principle and to do so within an equitable framework,

(b) to reduce pollution, in particular, assessable pollutants, in a cost-effective and timely way,

(c) to give industry incentives for ongoing improvements in environmental performance and the adoption of cleaner technologies,

(d) to provide incentives complementary to existing regulation and education programs for environmental protection.

32 Licence holders must calculate and record actual load of assessable pollutants discharged

32 Licence holders must calculate and record actual load of assessable pollutants discharged

(1) A licence holder must, for each assessable pollutant for each activity controlled or authorised by the licence, calculate and record the following—

(a) the actual load of the pollutant discharged as a result of the carrying out of the activity, and

(b) the actual load for nitrogen oxides and VOCs discharged in the Sydney basin area during the summer period of each licence fee period if the particular pollutant is an assessable pollutant in relation to the activity.

(2) To calculate the actual load of an assessable pollutant, the licence holder must—

(a) use one of the methods provided for the activity in a load calculation protocol,

(b) if there is no load calculation protocol or if the protocol provides for no method for the activity—take the actual load for each assessable pollutant to be zero.

(3) This section applies whether or not—

(a) the pollutants referred to in this section were discharged in accordance with the licence, or

(b) the licence holder intends to use a weighted load or an agreed load for the purposes of calculating the load-based fee for the licence.

(4) The licence holder must carry out all necessary monitoring and other steps to enable the calculations of actual loads required by this section to be made for—

(a) each licence fee period, and

(b) each summer period.

33 Load calculation protocol

33 Load calculation protocol

(1) The EPA may issue a protocol (a load calculation protocol) to be applied to the calculation of load based fees for the purposes of this Division.

(2) The EPA may vary or replace a load calculation protocol from time to time.

(3) A load calculation protocol is issued, varied or replaced by notice published in the Gazette.

(4) Without limiting the matters that may be dealt with in a load calculation protocol, a load calculation protocol may do any of the following—

(a) set out the means for calculating actual loads and weighted loads, including by the use of monitoring programs, emission factors and other methods,

(b) provide for load weighting measures, including—

(i) ceasing or reducing discharges during particularly unfavourable conditions, and

(ii) reusing waste water, whether by the licence holder or another person,

(c) provide for a reduction in the actual load of a licence holder, for the purpose of the calculation of load-based fees if—

(i) assessable pollutants are transferred, without being discharged, from the licence holder’s premises to another person’s premises with the consent of the other person, or

(ii) a licence holder receives onto the licence holder’s premises naturally occurring loads of assessable pollutants.

(5) A load calculation protocol may also provide for a reduction in the actual load of a licence holder, for the purpose of the calculation of a load-based fee if—

(a) assessable pollutants are transferred to another person’s premises under an arrangement where the other person pays the EPA the amount by which the load-based fee payable by the licence holder is reduced because of the transfer, or

(b) the discharge of a pollutant to which the fee relates is reduced—

(i) at premises other than the premises where the activity is carried on, and

(ii) as a result of action taken by the licence holder in connection with that activity.

Example—

A reduction may relate to the emission of VOCs by a petroleum refinery. In addition to action to reduce those emissions from the refinery, action can be taken to produce fuel that will emit less VOCs when in use off the premises of the refinery and this could be taken into account for the purposes of the reduction.

(6) A load calculation protocol takes effect in relation to an activity from the date specified in the protocol.

(7) When a replacement load calculation protocol takes effect in relation to an activity, the existing load calculation protocol in relation to the activity ceases to have effect.

(8) A copy of the load calculation protocol in force under this section must be available for inspection and purchase, for a reasonable amount decided by the EPA, by members of the public at the principal office of the EPA.

34 “Bubble licence arrangements”—aggregating licences

34 “Bubble licence arrangements”—aggregating licences

(1) The EPA may, under a scheme, approve of load-based fees payable for 2 or more licences, whether or not held by the same person, being calculated by aggregating the assessable pollutants discharged in the relevant licence fee periods.

(2) The EPA may terminate the scheme at any time—

(a) because of a failure by the licence holders to pay the load-based fees, or

(b) for another reason.

(3) If the EPA terminates the scheme, the load-based fees for the relevant licence fee periods—

(a) must be re-calculated, and

(b) become payable for the periods as if the scheme had not been developed and implemented.

(4) This section is subject to the terms of the scheme.

(5) This section does not limit a scheme that may be developed and implemented under the Act, Part 9.3.

(6) In this section—

scheme means a scheme developed and implemented by the EPA under the Act, Part 9.3.

35 EPA to decide load-based fee amount if insufficient information provided

35 EPA to decide load-based fee amount if insufficient information provided

If, within 60 days after the end of the relevant licence fee period, a licence holder does not give sufficient information to the EPA for the EPA to be able to confirm the correct amount of a load-based fee—

(a) the EPA may calculate the amount of the load-based fee considering relevant information available to it, and

(b) the amount calculated is taken to be the correct fee amount unless the contrary is established by the person who is liable to pay the fee—

(i) in proceedings for the recovery of the fee, or

(ii) in other proceedings relating to the fee.

36 Load-based fee adjustment—change in activity classification or scale

36 Load-based fee adjustment—change in activity classification or scale

(1) This section applies if, during the licence fee period, an activity changes to an activity of a different classification or scale under the Act, Schedule 1.

(2) The load-based fee for the licence comprises the sum of the load-based fee calculated for the part of the licence fee period occurring—

(a) before the change in the classification or scale of the activity, and

(b) after the change.

37 Refunds for calculation errors about assessable loads

37 Refunds for calculation errors about assessable loads

(1) If a person, in payment of a load-based fee, pays an amount greater than the load-based fee because of an error in calculation of an assessable load, the person is entitled to a refund of the amount overpaid.

(2) The EPA may grant a refund as follows—

(a) on its own initiative,

(b) if the person applies for a refund—

(i) within 120 days after the end of the licence fee period to which the fee relates, or

(ii) after the time specified in subparagraph (i)—if the EPA is satisfied there are exceptional circumstances that justify the EPA in considering the application.

38 Late payment penalty and refunds

38 Late payment penalty and refunds

(1) If the fee is not paid by the due date for its payment, the fee payable is increased at the late payment rate.

(2) The increased amount is prescribed as a penalty for the Act, section 57(4).

(3) The EPA may, considering the administrative costs incurred by the EPA in connection with the licence, refund, or waive the payment of, all or a part of the increased amount as follows—

(a) if the EPA is satisfied the licence holder was unable to calculate and pay the fee by the due date because of circumstances beyond the control of the licence holder,

(b) if the EPA considers it is appropriate to do so.

(4) Subsection (3)(a) does not excuse the licence holder from calculating and paying the load-based fee in relation to some of the pollutants if the calculation is not beyond the control of the licence holder.

Division 5 Load-based fees—calculation—the Act, s 57 and Sch 2, cl 9

Division 5 Load-based fees—calculation—the Act, s 57 and Sch 2, cl 9

39 Steps for calculating load-based fee

39 Steps for calculating load-based fee

(1) The load-based fee is calculated in accordance with the following steps—

Step 1—Work out activity classification and specified assessable pollutants

Refer to Schedule 1 to work out—

(i) the classifications of the activities authorised or controlled by the licence during the relevant licence fee period, and

(ii) the assessable pollutants specified in relation to each classification.

Step 2—Calculate assessable load for assessable pollutants

Calculate the assessable load of each assessable pollutant discharged during the relevant licence fee period.

Step 3—Calculate fee rate threshold for assessable pollutants

Calculate the fee rate thresholds for each assessable pollutant discharged during the licence fee period.

Step 4—Calculate fee for assessable pollutants

Calculate the fee for each assessable pollutant discharged during the licence fee period.

Step 5—Total fee for assessable pollutants

Total the fees for each assessable pollutant.

Step 6—Re-apply Steps 2–5 for discharge of nitrogen oxides or VOCs in Sydney basin area in summer

If nitrogen oxides or VOCs are discharged in the Sydney basin area during the summer period of the licence fee period and are assessable pollutants for the classification of the activity—re-apply Steps 2–5 in relation to the pollutants and add the resulting amount to the amount calculated under Step 5.

Note—

A discharge of nitrogen oxides or VOCs in the Sydney basin area during the summer period of the licence fee period must be counted twice. First, as part of the discharge for the whole licence fee period and then in its own right.

Step 7—Subtract the administrative fee amount

Subtract the amount of the administrative fee for the licence fee period, other than the amount of an increase in the administrative fee as a penalty for the late payment of the fee.

(2) If the load-based fee is less than zero, the fee is taken to be zero.

40 Step 2—Calculating assessable load for assessable pollutants

40 Step 2—Calculating assessable load for assessable pollutants

(1) For the purposes of calculating the load-based fee, the assessable load of each assessable pollutant is whichever of the following is the least—

(a) the actual load of the pollutant,

(b) the weighted load of the pollutant,

(c) if an agreed load under a load reduction agreement applies in relation to the pollutant—the agreed load of the pollutant.

(2) If more than one classification in Schedule 1 applies to the activity, the assessable load of each assessable pollutant is the sum of the assessable loads of the assessable pollutant for each applicable classification.

41 Step 3—Calculating fee rate thresholds for assessable pollutants

41 Step 3—Calculating fee rate thresholds for assessable pollutants

(1) To calculate the fee rate threshold for each assessable pollutant discharged during a licence fee period for a licence, multiply the applicable threshold factor for the pollutant from Schedule 1 by the quantity of activity during the licence fee period, using the units of measure specified in relation to the activity in the Schedule.

Example—

For example, if ceramic production produced 20,000 tonnes of bricks, to calculate the fee rate threshold for fluoride, it would be necessary to multiply 0.12, the threshold factor shown for the activity in Schedule 1, by 20,000, as the units of measure for ceramic production shown in the Schedule is tonnes, giving a result of 2,400 kilograms.

(2) If the activity has more than one classification in Schedule 1, the fee rate threshold for each assessable pollutant is the sum of the fee rate thresholds for each of the classifications.

42 Step 4—Calculating fee for assessable pollutants

42 Step 4—Calculating fee for assessable pollutants

(1) To calculate the fee for each assessable pollutant discharged during the licence fee period—

(a) if the assessable load is greater than the fee rate threshold—use the formula set out in subsection (2) (Formula 1), or

(b) otherwise—use the formula set out in subsection (3) (Formula 2).

(2) Formula 1

(3) Formula 2

(4) In formulae 1 and 2—

AL is the assessable load of the assessable pollutant discharged, expressed in kilograms.

CZ is the pollutant critical zone weighting set out in section 43.

FRT is the fee rate threshold for the assessable pollutant, expressed in kilograms.

PFU is the pollutant fee unit amount for the licence fee period set out in section 45.

PW is the pollutant weighting for the assessable pollutant set out in section 44.

43 Step 4—Pollutant critical zone weightings

43 Step 4—Pollutant critical zone weightings

(1) The pollutant critical zone weightings for an assessable pollutant shown in Schedule 2, Part 1, Table 1 or 2, Column 1, are as follows—

(a) if the pollutant is discharged into a zone shown in the Table, Column 2 opposite the pollutant—the weighting specified in the Table, Column 3 opposite the pollutant,

(b) otherwise—1.

(2) If a licence authorises or controls the discharge of a pollutant into more than one critical zone, the pollutant critical zone weighting is the weighting applicable to the zone into which the majority of the pollutant is discharged.

44 Step 4—Pollutant weightings

44 Step 4—Pollutant weightings

The pollutant weightings for an assessable pollutant are as follows—

(a) for an air pollutant shown in Schedule 2, Part 2, Table 1, Column 1—the weighting specified opposite the pollutant in the Table, Column 3,

(b) for a water pollutant shown in Schedule 2, Part 2, Table 2, Column 1—the weighting specified opposite the pollutant in the following—

(i) if the pollutant is discharged into open coastal waters—the Table, Column 3,

(ii) if the pollutant is discharged into estuarine waters—the Table, Column 4,

(iii) if the pollutant is discharged into enclosed waters—the Table, Column 5.

45 Step 4—Pollutant fee unit amount

45 Step 4—Pollutant fee unit amount

(1) A pollutant fee unit for a licence fee period that begins on a date in the following periods is the amount specified for the period—

(a) in the financial year 2022–23—$53.73,

(b) in the financial year 2023–24—$54.85,

(c) in the financial year 2024–25—$55.45,

(d) in the financial year 2025–26—$56.06,

(e) in the financial year 2026–27—$56.68,

(f) in each subsequent financial year—the amount, calculated in accordance with the following formula, rounded to the nearest cent with an amount of 0.5 cent to be rounded down—

where—

P is the amount of the pollutant fee unit in the financial year immediately before the financial year for which the amount is to be calculated.

A is the average of the percentage change, expressed in decimals and rounded to 2 decimal places, in the CPI for the September, December, March and June quarters from the financial year immediately before the financial year for which the amount is to be calculated.

(2) If, in a financial year, the percentage change in the CPI for the September, December, March and June quarters is not published by the Australian Statistician, the percentage change that applied in the immediately preceding financial year applies.

(3) The EPA must, on or before 31 December in 2027 and each following year—

(a) notify the Parliamentary Counsel of the amount of the pollutant fee unit for the following financial year so notice of the amount may be published on the NSW legislation website, and

(b) publish on the EPA’s website the amounts of fees that apply in that financial year resulting from the application of the amount of the pollutant fee unit for that financial year calculated under this section.

46 Step 6—Nitrogen oxides or VOCs discharged in Sydney basin area in summer

46 Step 6—Nitrogen oxides or VOCs discharged in Sydney basin area in summer

For the purpose of a calculation required to be carried out under Step 6 of the load-based fee calculation—

(a) the following references must be read as follows—

(i) the quantity of activity during the licence fee period—the quantity of activity during the summer period of the licence fee period,

(ii) an assessable pollutant discharged during a licence fee period—nitrogen oxides or VOCs discharged during the summer period of the licence fee period, and

(b) the pollutant critical zone weightings for nitrogen oxides or VOCs discharged during the period is 28.

Division 6 Load-based fees—load reduction agreements—the Act, s 57 and Sch 2, cl 9

Division 6 Load-based fees—load reduction agreements—the Act, s 57 and Sch 2, cl 9

47 Applications

47 Applications

(1) A licence holder or applicant for a licence may, in a form approved by the EPA, apply for a load reduction agreement with the EPA of a maximum term of 4 years.

(2) The EPA may—

(a) enter into the agreement, or

(b) decline to enter into the agreement if—

(i) the agreement is unlikely to produce a load-based fee reduction of at least $2,000 over the term of the agreement, or

(ii) the licence holder or applicant proposes to reduce the discharge under the licence by the end of the agreement only because the licence holder or applicant proposes to close or reduce the scale of operations being conducted at the time, or

(iii) otherwise.

(3) In this section—

load reduction agreement means an agreement entered into by a licence holder, where the licence holder agrees that the reported load of an assessable pollutant discharged while carrying out an activity to which the licence applies will not be more than a specified load during the final licence fee period for the licence that is covered by the agreement.

48 Content

48 Content

(1) A load reduction agreement must—

(a) specify the agreed load of an assessable pollutant for the purposes of calculating the load-based fee for each licence fee period covered by the agreement, and

(b) specify the program proposed to be undertaken to attain the agreed load, and

(c) set out the circumstances in which amounts must be paid to the EPA on termination or expiry of the agreement, and

(d) include conditions requiring the licence holder to—

(i) provide the EPA, with each annual return required under the licence, a report on progress towards attainment of the agreed load during the period to which the annual return relates, and

(ii) notify the EPA if the licence holder becomes aware it is likely the licence holder will not be able to attain the agreed load.

(2) A load reduction agreement may include a condition requiring the licence holder to supply a financial assurance to the EPA to secure obligations if the agreement is terminated or expires, which must provide for the following matters—

(a) the circumstances in which the EPA may make a claim on or realise the financial assurance or part of it,

(b) that the calling on and use of a financial assurance does not affect the liability of the licence holder,

(c) the effect of failure to provide a financial assurance.

(3) The financial assurance may be in one or more of the following forms—

(a) a bank guarantee,

(b) a bond,

(c) another form of security the EPA considers appropriate and specifies in the load reduction agreement.

49 Amendment

49 Amendment

The provisions of a load reduction agreement may be amended only with the consent of the EPA and—

(a) the person who has entered into the agreement, or

(b) for a licence that is transferred—the transferee.

50 Effect

50 Effect

(1) A load reduction agreement has the effect that the agreed load under the agreement may be treated, subject to this Division, as the assessable load of the pollutant to which the agreement applies for the purposes of calculating load-based fees for each of the licence fee periods covered by the agreement.

(2) A load reduction agreement has no effect unless the licence holder’s licence is subject to a condition that, on termination or expiration of the agreement, the reported load of an assessable pollutant, to which the agreement applies, that may be emitted during licence fee periods subsequent to the final licence fee period covered by the agreement must not be more than—

(a) the agreed load under the agreement if the reported load for the pollutant for the licence fee period immediately preceding the termination or expiration was not more than the agreed load, or

(b) an amount decided by the EPA, after consultation with the licence holder, that is higher than the agreed load if the reported load for the period was more than the agreed load.

51 Termination

51 Termination

(1) The licence holder may terminate a load reduction agreement before the end of the term of the agreement in accordance with the agreement.

(2) The licence holder is taken to have terminated a load reduction agreement if—

(a) the licence holder surrenders the licence, or

(b) the licence is suspended or revoked, or

(c) the licence holder closes its operations or otherwise ceases to operate before the agreement expires.

(3) The EPA may terminate a load reduction agreement if—

(a) the EPA is of the opinion the licence holder is unlikely to—

(i) attain the agreed load before the end of the agreement, or

(ii) meet the costs of repayment on termination or expiration of the agreement, or both, or

(b) the licence holder fails to comply with a condition of the agreement.

52 Amounts payable on termination or expiration

52 Amounts payable on termination or expiration

(1) A licence holder who is party to a load reduction agreement that expires or is terminated—

(a) is not liable to pay an amount on expiry or termination in relation to an assessable pollutant if the reported load for the immediately preceding licence fee period was not more than the agreed load for the pollutant under the agreement, or

(b) must pay to the EPA the amounts calculated in accordance with this section if the reported load for the immediately preceding licence fee period was more than the agreed load for the pollutant under the agreement.

(2) The amounts payable on termination or expiration are as follows—

(a) for a licence fee period during the agreement in which the reported load was more than the agreed load, the difference between—

(i) the fee that would have been payable for the period if the reported load had been equal to the agreed load under the agreement, and

(ii) the fee that would have been payable for the period but for the agreement,

(b) for a licence fee period during the agreement in which the reported load for the pollutant was not more than the agreed load—no amount is payable,

(c) the amount of simple interest on an amount payable under this subsection calculated at the rate of 20% per annum from the date that is 60 days after the end of each licence fee period.

(3) Subsection (1) does not apply in relation to a load reduction agreement entered into before 30 June 2009.

53 When amounts must be paid

53 When amounts must be paid

(1) An amount payable on termination or expiration of a load reduction agreement must be paid not later than 60 days after a notice requiring payment of the amount is given to the licence holder by the EPA.

(2) If an amount is not paid by the due date for its payment, the amount must be increased at the late payment standard rate.

54 Payment by instalments

54 Payment by instalments

(1) A person by whom an amount is payable on termination or expiration of a load reduction agreement may apply to the EPA for approval to pay the amount by instalments.

(2) If the EPA grants approval, the amount must be paid in the amounts and on the dates as the EPA specifies in the approval.

(3) If an instalment is not paid by the due date for its payment, an amount calculated at the late payment standard rate must be paid in addition to the instalment.

55 Effect of transfer of licences

55 Effect of transfer of licences

(1) If a person who has entered into a load reduction agreement transfers the relevant licence, the transferee is, for the purposes of the agreement and this Regulation, taken to be a person who has entered into the agreement with the EPA.

(2) A transferee may elect, on the transfer of the licence, to terminate the load reduction agreement and this Division applies to the termination.

Part 2 Load-based Licensing Technical Review Panel—the Act, Sch 2, cl 9

Part 2 Load-based Licensing Technical Review Panel—the Act, Sch 2, cl 9

56 Constitution

56 Constitution

There is constituted by this Regulation a body corporate to be called the Load-based Licensing Technical Review Panel.

57 Members

57 Members

(1) The Review Panel must have 7 members appointed by the Minister.

(2) Of the members—

(a) 2 must be members of staff of the EPA or the Department of Planning and Environment nominated by the Chairperson, and

(b) 5 must be persons having appropriate scientific or technical qualifications or experience—

(i) 2 of whom must be representatives of industry, and

(ii) 1 of whom must be a representative of environment groups, and

(iii) 1 of whom must be a representative of local government, and

(iv) 1 of whom must be nominated by, and be a representative of, the Chairperson.

(3) The person nominated under subsection (2)(b)(iv) must not be—

(a) a member of staff of the EPA or the Department of Planning and Environment, or

(b) a representative of industry, environment groups or local government.

58 Functions

58 Functions

(1) The Review Panel must advise the EPA about the current or desirable contents of the load calculation protocols that the EPA may refer to the Review Panel.

(2) The Review Panel may also advise the EPA on other matters in connection with licences that the EPA may refer to the Review Panel.

(3) For the purpose of providing the advice, the Review Panel may seek, receive and consider submissions from interested persons and may gather relevant information from any source.

59 Membership and procedure

59 Membership and procedure

Schedule 4 contains provisions relating to the membership and procedure of the Review Panel.

Part 3 Miscellaneous licensing provisions

Part 3 Miscellaneous licensing provisions

60 Scheduled development work—the Act, s 47

60 Scheduled development work—the Act, s 47

For the Act, section 47(3), work is specified as scheduled development work if the work—

(a) is carried on at a premises at which scheduled activities of a class listed in the Act, Schedule 1 are carried on, and

(b) is designed to enable scheduled activities of a different class listed in the Schedule not authorised by a licence to be carried on at the premises.

61 Commencement of licensing for existing activities—the Act, s 52

61 Commencement of licensing for existing activities—the Act, s 52

For the Act, section 52(1)(a), the prescribed period is 9 months.

62 Exclusion of EP&A Act, Part 5—the Act, s 52

62 Exclusion of EP&A Act, Part 5—the Act, s 52

The Environmental Planning and Assessment Act 1979, Part 5, does not apply to the issue of an environment protection licence referred to in the Act, section 52(1) to the extent that the licence authorises only the same or substantially the same work or activity, and level of work or activity, as was being carried out immediately before the application for the issue of the licence was made.

63 Statement of reasons for grant or refusal of licence—the Act, ss 61 and 80

63 Statement of reasons for grant or refusal of licence—the Act, ss 61 and 80

(1) A statement provided by a regulatory authority, under the Act, section 61 or 80, of the reasons for the grant or refusal of a licence application must set out the following matters, in addition to other matters the authority considers appropriate—

(a) the significant environmental or other issues the authority took into account in making its decision on the licence application,

(b) relevant significant environmental outcomes, standards or requirements the authority—

(i) considered applicable to the activity the subject of the application, and

(ii) took into account in making its decision on the application.

(2) A statement of reasons may set out the above matters by reference to information set out in a document that is—

(a) available to the person requesting the statement of reasons, or

(b) otherwise publicly available.

64 Fee for transfer of licence—the Act, s 54

64 Fee for transfer of licence—the Act, s 54

For the Act, section 54(2)(c), the fee that must accompany an application for the transfer of a licence is 2 administrative fee units.

65 Refusal of certain licence applications—the Act, Sch 2, cl 8

65 Refusal of certain licence applications—the Act, Sch 2, cl 8

(1) An application for the issue, transfer or variation of a licence, or for approval of the surrender of a licence, may be refused by the appropriate regulatory authority—

(a) if a fee or other amount due and payable under the Act or this Regulation in relation to the application or licence is unpaid, or

(b) if the applicant has previously defaulted in the payment of a fee or other amount in relation to the licence or another licence and the default continues.

(2) This section does not limit the grounds on which an application may be refused.

66 Fit and proper persons—the Act, s 83

66 Fit and proper persons—the Act, s 83

For the Act, section 83(2)(o), the appropriate regulatory authority may take into account whether the person has, within the previous 3 years, failed to pay a fee or other amount payable under the environment protection legislation or has paid the fee or amount late.

67 Other relevant legislation—the Act, s 83

67 Other relevant legislation—the Act, s 83

For the Act, section 83(5), the following repealed Acts, provisions of Acts and Regulations are declared to be other relevant legislation—

(a) Clean Air Act 1961,

(b) Clean Waters Act 1970,

(c) Environmental Offences and Penalties Act 1989,

(d) Noise Control Act 1975,

(e) Pesticides Act 1978,

(f) Pollution Control Act 1970,

(g) Waste Minimisation and Management Act 1995,

(h) the provisions of the Ozone Protection Act 1989 omitted by the Act, Schedule 4.14,

(i) regulations made under the above Acts or provisions.

68 Application of payments—the Act, Sch 2, cl 9

68 Application of payments—the Act, Sch 2, cl 9

If a person who makes a payment under this Chapter to the EPA does not identify the nature or purpose of the payment, the EPA may apply the payment towards a liability of the person under this Chapter in a way that it thinks fit.

69 Preservation of records—the Act, Sch 2, cl 9

69 Preservation of records—the Act, Sch 2, cl 9

(1) A licence holder must keep all records used by the licence holder to calculate the amount of a licence fee under Chapter 3, Part 1 for a period of not less than 4 years from the date on which the fee was paid or payable, whichever is the later.

Maximum penalty—

(a) for a corporation—200 penalty units, or

(b) for an individual—200 penalty units.

(2) A licence holder is liable to a penalty under subsection (1) in addition to the licence fee.

70 Definition

70 Definition

In this Chapter—

PIRM plan means a pollution incident response management plan required to be prepared under the Act, Part 5.7A.

71 Form of plan—the Act, s 153C

71 Form of plan—the Act, s 153C

A PIRM plan—

(a) must be in written form, and

(b) may form part of another document required to be prepared under or in accordance with another law if the information required to be included in the PIRM plan is readily identifiable as that information in that other document.

72 General licences—additional matters to be included in PIRM plan—the Act, s 153C

72 General licences—additional matters to be included in PIRM plan—the Act, s 153C

For the Act, section 153C(d), the following matters must be included in a PIRM plan—

(a) a description of the hazards to human health or the environment associated with the activity to which the licence relates (the relevant activity),

(b) the likelihood of the hazards occurring, including details of conditions or events that could, or would, increase the likelihood,

(c) details of the pre-emptive action to be taken to minimise or prevent a risk of harm to human health or the environment arising out of the relevant activity,

(d) an inventory of potential pollutants on the premises or used in carrying out the relevant activity,

(e) the maximum quantity of a pollutant likely to be stored or held at particular locations, including underground tanks, at or on the premises to which the licence relates,

(f) a description of the safety equipment or other devices used to minimise the risks to human health or the environment and to contain or control a pollution incident,

(g) the names, positions and 24-hour contact details of individuals who—

(i) are responsible for activating the PIRM plan, and

(ii) are authorised to notify relevant authorities under the Act, section 148, and

(iii) are responsible for managing the response to a pollution incident,

(h) the contact details of each relevant authority referred to in the Act, section 148,

(i) details of the mechanisms for providing early warnings and regular updates to the owners and occupiers of premises near the premises to which the licence relates or where the scheduled activity is carried on,

(j) the arrangements for minimising the risk of harm to persons who are on the premises or who are present where the scheduled activity is being carried on,

(k) a detailed map, or set of maps, showing the location of the premises to which the licence relates, the surrounding area likely to be affected by a pollution incident, the location of potential pollutants on the premises and the location of stormwater drains on the premises,

(l) a detailed description of how an identified risk of harm to human health will be reduced, including, as a minimum, by early warnings, updates and the action to be taken during or immediately after a pollution incident to reduce the risk,

(m) the nature and objectives of a staff training program in relation to the PIRM plan,

(n) the dates on which the PIRM plan has been tested and the name of the person who carried out the test,

(o) the dates on which the PIRM plan is updated,

(p) the way in which the PIRM plan must be tested and maintained.

73 Additional matters to be included in PIRM plan—the Act, s 153C

73 Additional matters to be included in PIRM plan—the Act, s 153C

(1) For the Act, section 153C(d), the following must be included in a PIRM plan for a relevant licence—

(a) the names, positions and 24-hour contact details of each individual who is—

(i) responsible for activating the PIRM plan, or

(ii) authorised to notify relevant authorities under the Act, section 148, or

(iii) responsible for managing the response to a pollution incident,

(b) the contact details of each relevant authority referred to in the Act, section 148,

(c) a community engagement protocol that includes procedures for notifying people living or working near a pollution incident and keeping them informed of relevant matters,

(d) details of pre-emptive action required to minimise or prevent a risk of harm to human health or the environment arising out of the activity, including, as a minimum, action that complies with the requirements set out in the Protection of the Environment Operations (Waste) Regulation 2014, clauses 70, 72 and 73,

(e) the nature and objectives of a staff training program in relation to the PIRM plan,

(f) the date on which the PIRM plan is tested and the name of the person who carried out the test,

(g) the method for testing and maintaining the PIRM plan.

(2) Section 72 does not apply to a PIRM plan for a relevant licence.

(3) In this section—

relevant licence means a licence authorising the following—

(a) an environmentally hazardous activity within the meaning of the Act, Schedule 1, clause 46,

(b) an activity to which the Act, Schedule 1, clause 48 applies.

s 73: Subst 2024 No 10, Sch 2.5[1].

74 Availability of PIRM plan—the Act, s 153D

74 Availability of PIRM plan—the Act, s 153D

(1) A PIRM plan must be made readily available—

(a) to an authorised officer on request, and

(b) to a person who is responsible for implementing the PIRM plan at the premises—

(i) to which the relevant licence relates, or

(ii) where the activity takes place.

(2) A PIRM plan must be made publicly available in the following way within 14 days after it is prepared—

(a) in a prominent position on a publicly accessible website of the person who is required to prepare the PIRM plan,

(b) if the person does not have a website—by providing a copy of the PIRM plan, without charge, to a person who makes a written request for a copy.

(3) Subsection (2) applies only in relation to a part of a PIRM plan that includes the information required under—

(a) the Act, section 153C(a), and

(b) this Regulation, section 72(h) and (i) or 73(b)(ii) and (iii).

(4) Personal information, within the meaning of the Privacy and Personal Information Protection Act 1998, is not required to be included in a PIRM plan made available to a person other than an authorised officer.

75 Testing of PIRM plan—the Act, s 153E

75 Testing of PIRM plan—the Act, s 153E

(1) A PIRM plan must be tested—

(a) routinely at least once every 12 months, and

(b) if a pollution incident occurred during an activity to which an environment protection licence relates, which caused or threatened material harm to the environment, within the meaning of the Act, section 147—within 1 month of the incident occurring.

(2) The test must be carried out in a way to ensure the following—

(a) the information included in the PIRM plan is accurate and up to date,

(b) the PIRM plan is capable of being implemented in a workable and effective way.

(3) A test carried out under subsection (1)(b) must assess the matters specified in subsection (2) in light of the incident.

76 Definitions

76 Definitions

In this Chapter—

approved inspection station means premises approved under this Chapter to be used for the purpose of carrying out tests or inspections.

approved mechanic means an individual who is approved under this Chapter to carry out tests or inspections.

approved mechanic’s report—see section 81(1).

proprietor, in relation to premises, means a person who—

(a) carries on or proposes to carry on a business at the premises, or

(b) is the occupier of the premises.

tests or inspections means tests or inspections of motor vehicles required to be carried out in accordance with a notice given for the Act, section 207(2)(c).

77 Approved mechanics

77 Approved mechanics

(1) An individual may apply to the EPA for an approval to carry out tests or inspections.

(2) The application must—

(a) be made in the way approved by the EPA, and

(b) be supported by information required by the EPA.

(3) The EPA may require the applicant to provide to the EPA, within a specified time, further particulars the EPA considers necessary to decide the suitability of the applicant.

(4) The EPA must—

(a) decide an application by granting or refusing to grant the application, and

(b) give written notice of the decision to the applicant, including, if the application is granted, notice of—

(i) the date from which the approval takes effect, and

(ii) the conditions to which the approval is subject.

(5) The EPA may refuse to grant the application—

(a) if, in its opinion the applicant is not a fit and proper person to carry out tests or inspections, or

(b) for a reason the EPA considers appropriate.

(6) An approval—

(a) applies to tests or inspections generally or to tests or inspections of the class or classes of motor vehicles specified in the approval, and

(b) remains in force until it is surrendered, suspended or revoked, and

(c) must be given in the way and in the form approved by the EPA, and

(d) may be given unconditionally or subject to conditions the EPA considers appropriate.

(7) A person must not hold out as a person authorised to carry out tests or inspections, or issue an approved mechanic’s report in relation to a test or inspection, unless the person is an approved mechanic.

Maximum penalty—

(a) for a corporation—200 penalty units, or

(b) for an individual—100 penalty units.

78 Approved inspection stations

78 Approved inspection stations

(1) A proprietor of premises may apply to the EPA for an approval of the premises to be used for the purpose of carrying out tests or inspections.

(2) An application must—

(a) be made in the way and form approved by the EPA, and

(b) be supported by information required by the EPA.

(3) The EPA may require the applicant to provide to the EPA, within a specified time, further particulars the EPA considers necessary to decide the suitability of the applicant and the premises for the approval.

(4) The EPA must—

(a) decide an application by granting or refusing to grant the application, and

(b) give written notice of the decision to the applicant, including, if the application is granted, notice of—

(i) the date from which the approval takes effect, and

(ii) the conditions to which the approval is subject.

(5) The EPA may refuse to grant the application—

(a) if, in its opinion—

(i) the premises the subject of the application or the equipment on the premises are not suitable for the purpose of carrying out tests or inspections, or

(ii) the applicant is not a fit and proper person to carry out the responsibilities associated with using the premises for that purpose, or

(b) for a reason the EPA considers appropriate.

(6) An approval—

(a) applies to tests or inspections generally or to tests or inspections of the class or classes of motor vehicles specified in the approval, and

(b) remains in force until it is surrendered, suspended or revoked, and

(c) must be given in the way and in the form approved by the EPA, and

(d) may be given unconditionally or subject to conditions the EPA considers appropriate.

(7) A proprietor of premises must not allow the premises to be used for the purpose of carrying out a test or inspection unless—

(a) the premises are an approved inspection station, and

(b) the test or inspection of the vehicle is a test or inspection of a vehicle to which the approval applies, and

(c) the test or inspection is carried out by an approved mechanic.

Maximum penalty—

(a) for a corporation—200 penalty units, or

(b) for an individual—100 penalty units.

79 Maximum fee for test or inspection—motor vehicles other than motorcycles

79 Maximum fee for test or inspection—motor vehicles other than motorcycles

(1) The maximum fee that may be charged for the carrying out of a test or inspection of a motor vehicle other than a motorcycle is as follows—

(a) in the financial year 2022–23—$89.65,

(b) in the financial year 2023–24—$91.35,

(c) in the financial year 2024–25—$93.10,

(d) in the financial year 2025–26—$94.85,

(e) in the financial year 2026–27—$96.65,

(f) in each subsequent financial year—the amount calculated in accordance with the following formula, rounded to the nearest 5 cents with an amount of 0.5 cents to be rounded down—

where—

P is the amount of the maximum fee in the financial year immediately before the financial year for which the amount is to be calculated.

A is the annual percentage change, expressed in decimals, in the Private Sector Wage Price Index for total hourly rates of pay excluding bonuses for the financial year immediately before the financial year for which the amounts are to be calculated.

(2) If, in a financial year, the annual percentage change in the Private Sector Wage Price Index is not published by the Australian Statistician, the annual percentage change for the immediately preceding financial year applies.

(3) The EPA must, on or before 31 December in 2027 and each following year—

(a) notify the Parliamentary Counsel of the amount of the fee for the following financial year so notice of the amount may be published on the NSW legislation website, and

(b) publish on the EPA’s website the fee amount that applies in that financial year.

80 Maximum fee for test or inspection—motorcycles

80 Maximum fee for test or inspection—motorcycles

(1) The maximum fee that may be charged for the carrying out of a test or inspection of a motorcycle is as follows—

(a) in the financial year 2022–23—$59.50,

(b) in the financial year 2023–24—$60.65,

(c) in the financial year 2024–25—$61.80,

(d) in the financial year 2025–26—$62.95,

(e) in the financial year 2026–27—$64.15,

(f) in each subsequent financial year—the amount calculated in accordance with the following formula, rounded to the nearest 5 cents with an amount of 0.5 cents to be rounded down—

where—

P is the amount of the maximum fee in the financial year immediately before the financial year for which the amount is to be calculated.

A is the annual percentage change, expressed in decimals, in the Private Sector Wage Price Index for total hourly rates of pay excluding bonuses for the financial year immediately before the financial year for which the amounts are to be calculated.

(2) If, in a financial year, the annual percentage change in the Private Sector Wage Price Index is not published by the Australian Statistician, the annual percentage change for the immediately preceding financial year applies.

(3) The EPA must, on or before 31 December in 2027 and each following year—

(a) notify the Parliamentary Counsel of the amount of the fee for the following financial year so notice of the amount may be published on the NSW legislation website, and

(b) publish on the EPA’s website the fee amount that applies in that financial year.

81 Approved mechanic’s reports

81 Approved mechanic’s reports

(1) An approved mechanic who carries out a test or inspection must, in accordance with conditions of the mechanic’s approval, complete a report in the form approved by the EPA (an approved mechanic’s report).

(2) Copies of an approved mechanic’s report that has been completed must be given to the following in accordance with the conditions of an approval under this Chapter—

(a) the owner of the relevant motor vehicle or a person acting on behalf of the owner,

(b) the EPA.

(3) A person must not issue an approved mechanic’s report in relation to a test or inspection if the person knows, or ought reasonably to suspect, the report is false or misleading in a material particular.

Maximum penalty—

(a) for a corporation—200 penalty units, or

(b) for an individual—100 penalty units.

(4) The holder of an approval for an approved inspection station who allows an approved mechanic’s report to be issued in relation to a test or inspection that is carried out at the station is guilty of an offence if the person knows, or ought reasonably to suspect, the report is false or misleading in a material particular.

Maximum penalty—

(a) for a corporation—200 penalty units, or

(b) for an individual—100 penalty units.

82 Variation of approvals

82 Variation of approvals

(1) The EPA may vary an approval given under this Chapter, including the conditions of an approval, by written notice.

(2) A variation includes the following—

(a) the attaching of a condition to an approval, whether or not a condition has already been attached,

(b) the substitution, omission or amendment of a condition.

(3) An approval may be varied on application in writing to the EPA by the holder of the approval or on the initiative of the EPA.

(4) An approval may be varied at any time.

(5) A variation operates from the date of the EPA’s decision to grant or issue the variation or another date specified by the EPA in the notice.

83 Surrender of approvals

83 Surrender of approvals

(1) The holder of an approval under this Chapter may surrender the approval by giving written notice to the EPA.

(2) The surrender of an approval under this section does not take effect until 28 days, or some other period approved by the EPA, after the notice has been given to the EPA.

84 Suspension or revocation of approvals

84 Suspension or revocation of approvals

(1) The EPA may, by written notice, suspend or revoke an approval under this Chapter if—

(a) the holder of the approval has contravened a provision of this Chapter, or

(b) the holder or the premises to which the approval applies no longer satisfies the relevant requirements for the approval, or

(c) the holder has failed to comply with a condition to which the approval is subject, or

(d) the holder provided false or misleading information in the application for approval, or

(e) the EPA is of the opinion the holder is not a fit and proper person to continue to hold the approval.

(2) A suspension of an approval under this section may be for a specified period or until further written notice by the EPA to the holder of the approval.

(3) A suspension or revocation of an approval under this section operates from—

(a) the day the notice of the suspension or revocation is given to the holder of the approval, or

(b) a later day specified in the notice.

(4) The EPA must not suspend or revoke an approval under this section unless before doing so it has—

(a) given notice to the holder of the approval that it intends to do so, and

(b) specified in the notice the reasons for its intention to do so, and

(c) given the holder a reasonable opportunity to make submissions in relation to the proposed suspension or revocation, and

(d) taken into consideration submissions by the holder.

(5) An approval may be revoked under this section during the currency of a suspension.

85 Pollutants discharged from Victorian premises into Murray River

85 Pollutants discharged from Victorian premises into Murray River

(1) The Act, section 120 does not apply to a person who, from premises in Victoria, pollutes or causes or permits the pollution of the waters of the Murray River in relation to conduct authorised by a permission in force under the Environment Protection Act 2017 of Victoria.

(2) The EPA may, by order in writing served on the person, declare that the exemption under this section no longer applies to the person in relation to pollution from the premises.

86 Pollutants discharged into sewer

86 Pollutants discharged into sewer

(1) The Act, section 120 does not apply to the discharge of pollutants into a sewer if the discharge has the lawful approval of the following—

(a) in relation to a sewer within the area of operations of a sewage authority—the sewage authority,

(b) otherwise—a person who has ownership or control of the sewer.

(2) In this section—

sewage authority means—

(a) the Sydney Water Corporation or the Hunter Water Corporation, or

(b) a water supply authority constituted under the Water Management Act 2000, being an authority exercising sewerage functions under that Act, or

(c) a council or county council exercising sewerage functions under the Local Government Act 1993, Chapter 6, Part 3, Division 2.

87 Sewage discharged from vessels

87 Sewage discharged from vessels

(1) The Act, section 120 does not apply to the discharge of treated sewage from a certified on-board sewage treatment system installed on a vessel if—

(a) the system is installed and maintained in accordance with the Marine Pollution Regulation 2014, Part 3, and

(b) the discharge occurs in navigable waters other than waters referred to in that Regulation, clause 15(1), and

(c) at the time of the discharge, the vessel is being operated in accordance with a plan of management approved for the vessel under that Regulation, clause 31.

(2) In this section—

certified on-board sewage treatment system and treated sewage have the same meanings as in the Marine Pollution Regulation 2014, Part 3.

navigable waters has the same meaning as in the Marine Safety Act 1998.

88 Operation of engines propelling vessels

88 Operation of engines propelling vessels

The Act, section 120 does not apply to the operation of an engine propelling a vessel, unless—

(a) the engine is operated to dredge sediments, or

(b) the engine has been modified to discharge bilge water as it operates, or

(c) the engine has not been properly maintained so as to minimise pollution.

89 Cold water releases

89 Cold water releases

The Act, section 120 does not apply to the release of water that is more than 2°C colder than the water into which it is discharged if the water is released—

(a) from a water supply work authorised by an approval under the Water Management Act 2000 that contains one or more conditions relating to the work of a type specified in that Act, section 100(3), or

(b) from Jindabyne Dam or Tantangara Dam and the release is in accordance with all conditions of the Snowy water licence, within the meaning of the Snowy Hydro Corporatisation Act 1997, that relate to cold water releases.

Part 1A Scheduled PFAS firefighting foam

Part 1A Scheduled PFAS firefighting foam

ch 6, pt 1A: Ins 2025 (331), Sch 1[4].

89A Definitions

89A Definitions

In this part—

combustible accelerant fire means a fire involving a combustible accelerant, including petrol, kerosene, oil, tar, paint or polar solvents, including ethanol.

PFAS firefighting foam means firefighting foam containing scheduled PFAS.

scheduled PFAS means a substance that is—

(a) a per- or poly-fluoroalkyl substance, which are substances that contain within their molecular structure a straight or branching chain of carbon atoms in which one or more of the carbon atoms have fluorine atoms attached at all bonding sites not occupied by another carbon atom, and

(b) listed in Schedule 7 of the NSW IChEMS register.

use has the same meaning as in the Act, Chapter 9, Part 9.3E, Division 1.

s 89A: Ins 2025 (331), Sch 1[4].

89B Exemption for Transport for NSW

89B Exemption for Transport for NSW

The Act, section 296C does not apply to the use of PFAS firefighting foam if the foam is to be used—

(a) by Transport for NSW, or an employee of Transport for NSW or a contractor acting on behalf of Transport for NSW, and

(b) to prevent, extinguish or attempt to extinguish a fire that, in the opinion of the person using the foam—

(i) is a combustible accelerant fire, or

(ii) has the potential to be a combustible accelerant fire.

s 89B: Ins 2025 (331), Sch 1[4].

89C Exemptions for certain premises

89C Exemptions for certain premises

The Act, section 296C does not apply to the use of PFAS firefighting foam if the foam is to be used—

(a) to prevent, extinguish or attempt to extinguish a fire that, in the opinion of the person using the foam—

(i) is a combustible accelerant fire, or

(ii) has the potential to be a combustible accelerant fire, and

(b) in one or more of the following circumstances—

(i) on premises to which environment protection licence number 570, 660 or 661 applies,

(ii) on premises to which environment protection licence number 837 applies,

(iii) on premises to which environment protection licence number 1969 applies,

(iv) on premises to which environment protection licence number 6950 applies,

(v) within the Lane Cove Tunnel, being the tunnel connecting Epping Road at Mowbray Road West with the Gore Hill Freeway.

s 89C: Ins 2025 (331), Sch 1[4].

89D Repeal

89D Repeal

This part and Schedule 10, definitions of combustible accelerant fire, PFAS firefighting foam, scheduled PFAS and use are repealed on 1 December 2027.

s 89D: Ins 2025 (331), Sch 1[4].

90 Exemption from prohibition on placing advertising material on vehicles—brochures

90 Exemption from prohibition on placing advertising material on vehicles—brochures

(1) The Act, section 146B does not apply to the depositing of the following material in or on a motor vehicle—

(a) community safety and crime prevention brochures deposited by or on behalf of the NSW Police Force,

(b) brochures, relating to the issue of mobility parking scheme authorities, deposited by or on behalf of Transport for NSW.

(2) In this section—

mobility parking scheme authority has the same meaning as in the Road Transport (General) Regulation 2021.

91 Exemption from prohibitions on noise pollution—Luna Park site activities

91 Exemption from prohibitions on noise pollution—Luna Park site activities

(1) The following provisions of the Act do not apply to an activity carried out at the Luna Park site under a relevant development consent if the activity is carried out in compliance with the development consent—

(a) Part 4.3 to the extent that it relates to noise,

(b) section 139,

(c) Part 8.6.

(2) In this section—

Luna Park site has the same meaning as in the Luna Park Site Act 1990.

relevant development consent means the following development consents granted by the Minister administering the Environmental Planning and Assessment Act 1979—

(a) the consent to development application 154–06–01 granted on 31 January 2002,

(b) the consent to development application 151–5–2002 granted on 21 January 2003,

(c) the consent to development application 201–6–2002 granted on 21 January 2003.

91A Exemption from prohibitions on noise pollution—liquor licensed premises and premises in special entertainment precincts

91A Exemption from prohibitions on noise pollution—liquor licensed premises and premises in special entertainment precincts

(1) The relevant provisions do not apply to an entertainment activity carried out on—

(a) liquor licensed premises, or

(b) premises in a special entertainment precinct, other than residential premises.

(1A) The entertainment activity must be carried out in accordance with each of the following that applies to the premises—

(a) for liquor licensed premises—

(i) the liquor licence for the premises, including any conditions applying to the licence, and

(ii) the Liquor Act 2007,

(b) for premises in a special entertainment precinct, other than residential premises—the precinct management plan for the special entertainment precinct.

(1B) If the entertainment activity is carried out on liquor licensed premises in a special entertainment precinct and there is an inconsistency between the precinct management plan and a requirement specified in subsection (1A)(a), the plan prevails to the extent of the inconsistency.

(2) Subsection (1) does not apply to an activity for which the EPA is the appropriate regulatory authority under—

(a) the Act, section 6, or

(b) section 11 or 12 of this regulation.

(3) In this section—

entertainment activity has the same meaning as in the Local Government Act 1993, Chapter 8, Part 3.

liquor licence means a licence under the Liquor Act 2007.

liquor licensed premises means premises to which a liquor licence applies.

precinct management plan has the same meaning as in the Local Government Act 1993, Chapter 8, Part 3.

relevant provisions means the following provisions of the Act—

(a) Part 4.3, to the extent it relates to noise,

(b) section 139,

(c) Part 8.6.

special entertainment precinct has the same meaning as in the Local Government Act 1993, section 202.

s 91A: Ins 2023 No 53, Sch 4.5. Am 2024 No 76, Sch 5.4[1]–[3].

92 Exemptions for road tunnel emissions licences

92 Exemptions for road tunnel emissions licences

(1) This section applies to a licence for the scheduled activity of road tunnel emissions.

(2) Pollution, other than air pollution from a road tunnel ventilation stack, is exempt from the matters the appropriate regulatory authority must take into consideration when exercising its licensing functions in relation to the licence.

(3) The following provisions of the Act do not apply to the licence—

(a) section 56(2), and the premises to which the licence applies may be specified as all or part of one or more ventilation stacks, including associated works, that relate to a single road tunnel, even if the stacks are in separate locations,

(b) section 122,

(c) section 142C.

93 Definitions

93 Definitions

In this Part—

annual levy means the component of the environmental monitoring levy payable each year by each Upper Hunter licence holder as calculated under section 95, 96 or 97.

construction levy means the component of the environmental monitoring levy payable by certain Upper Hunter licence holders from time to time under section 98.

levy period means the period of 12 months commencing on 1 July in each year.

Upper Hunter coal mining licence holder means a person holding a licence that authorises the carrying out of mining for coal at premises located in the area subject to air quality monitoring under the Upper Hunter monitoring program.

Upper Hunter electricity generation licence holder means a person holding a licence that authorises the carrying out of the generation of electricity from an energy source, other than wind or solar power, at premises located in the area subject to air quality monitoring under the Upper Hunter monitoring program.

Upper Hunter licence holder means an Upper Hunter coal mining licence holder or an Upper Hunter electricity generation licence holder.

Upper Hunter monitoring program means the environmental monitoring program operated by or on behalf of the EPA in the Muswellbrook, Singleton and Upper Hunter Shire local government areas that monitors air quality in the areas and known as the Upper Hunter Air Quality Monitoring Network, and includes changes made by the EPA to the program from time to time.

94 Objectives of Upper Hunter monitoring program

94 Objectives of Upper Hunter monitoring program

The objectives of the Upper Hunter monitoring program are as follows—

(a) to provide government, industry and the community with reliable and up-to-date information on air quality in the Muswellbrook, Singleton and Upper Hunter Shire local government areas,

(b) to enable the air quality in the areas to be assessed against relevant air pollution standards,

(c) to facilitate the identification of sources of air pollution in the areas,

(d) to facilitate the development and implementation of strategies to improve air quality in the areas.

95 Cost of Upper Hunter monitoring program

95 Cost of Upper Hunter monitoring program

(1) During each levy period, the EPA must calculate an estimate of the cost to the EPA of the Upper Hunter monitoring program for the levy period.

(2) After the end of a levy period, the EPA must calculate the actual cost to the EPA of the Upper Hunter monitoring program for the levy period.

(3) The actual cost to the EPA of the Upper Hunter monitoring program for a levy period in which a person becomes an Upper Hunter licence holder must be reduced by the amount of an annual levy payable to the EPA for the levy period by the licence holder under section 95.

(4) If the actual cost to the EPA of the program for the levy period is more than the estimated program cost for the levy period, the amount of the difference must be added to the estimated program cost for the next levy period and the program cost for that period must be increased by the amount.

(5) If the actual cost of the program for the levy period is less than the estimated program cost for the levy period, the amount of the difference must be deducted from the estimated program cost for the next levy period and the program cost for that period must be decreased by the amount.

(6) The EPA may decide arrangements for payment of an additional annual levy, or a refund of an annual levy, that is required because of an adjustment to the program cost under this section.

(7) Without limiting the Act, section 295Z(4), the cost of the Upper Hunter monitoring program includes the costs associated with the following—

(a) the use of equipment, facilities and infrastructure to monitor air quality under the program,

(b) the administration of the program, including the reporting on the program and advisory committees established to advise the EPA in relation to the program.

(8) However, the cost of the Upper Hunter monitoring program does not include the costs of construction of a new facility to monitor air quality if an Upper Hunter licence holder is required to pay a construction levy for the costs under section 98.

96 Upper Hunter licence holders must pay environmental monitoring levy

96 Upper Hunter licence holders must pay environmental monitoring levy

(1) Upper Hunter licence holders are required to pay an environmental monitoring levy in relation to the Upper Hunter monitoring program under this Part.

(2) The environmental monitoring levy payable by an Upper Hunter licence holder for a levy period consists of the following components—

(a) the annual levy,

(b) the construction levy.

(3) The EPA must provide written notice to each Upper Hunter licence holder of the amount of the annual levy or the construction levy, or both, that the licence holder is required to pay for a levy period.

(4) The levy must be paid as follows—

(a) within 30 days after the notice is given by the EPA,

(b) by a later date specified by the EPA in the notice.

(5) If a levy is not paid by the due date, the levy must be increased by the amount of simple interest calculated at the rate of 25% per year on the amount of the levy unpaid for each day that elapses after the due date and before the date of payment.

97 Calculation of annual levy—first levy period payable

97 Calculation of annual levy—first levy period payable

A person who becomes an Upper Hunter licence holder on or after 1 May in a levy period is not required to pay an annual levy for that period and the subsequent levy period is taken to be the first levy period for the purposes of calculating the annual levy payable.

98 Calculation of annual levy—Upper Hunter electricity generation licence holders

98 Calculation of annual levy—Upper Hunter electricity generation licence holders

(1) The amount of the annual levy payable by an Upper Hunter electricity generation licence holder for a levy period is calculated as follows, with adjustments to the formula as the EPA considers necessary—

where—

EGL is the amount of the annual levy payable by an Upper Hunter electricity generation licence holder for a levy period.

F is the estimated cost of the Upper Hunter monitoring program for the levy period as calculated under section 93.

G is the amount of particulate matter emitted from the premises to which the licence applies during the previous levy period.

H is the sum of the amounts of particulate matter emitted from all Upper Hunter licensed premises during the previous levy period.

I is the amount of oxides of nitrogen and sulphur dioxide emitted from the premises to which the licence applies during the previous levy period.

J is the sum of the amounts of oxides of nitrogen and sulphur dioxide emitted from all Upper Hunter licensed premises during the previous levy period.

Example—

For example, adjustments will be required because the formula uses the emissions produced by an Upper Hunter licence holder during the previous levy period to calculate the amount payable for a levy period. The amount payable by a Upper Hunter licence holder for the first levy period will be calculated based on the emissions produced by the licence holder during the first levy period.

(2) A reference in a component of the formula in subsection (1) to an amount is a reference to the amount provided to the EPA by an Upper Hunter licence holder under section 99.

(3) If information required to calculate the amount of the annual levy is not available to the EPA, the EPA may calculate the amount of the levy based on reasonable estimates.

(4) In this section—

Upper Hunter licensed premises means premises located in the area of the Upper Hunter monitoring program to which a licence authorising the carrying out of mining for coal or the generation of electricity from an energy source, other than wind or solar power, applies.

99 Calculation of annual levy—Upper Hunter coal mining licence holders

99 Calculation of annual levy—Upper Hunter coal mining licence holders

(1) The amount of the annual levy payable by an Upper Hunter coal mining licence holder for a levy period is calculated as follows, with adjustments to the formula as the EPA considers necessary—

where—

CML is the amount of the annual levy payable by an Upper Hunter coal mining licence holder for a levy period.

F is the estimated cost of the Upper Hunter monitoring program for the levy period as decided under section 93.

K is the sum of the amounts of particulate matter emitted from all Upper Hunter coal mining licensed premises during the previous levy period.

H is the sum of the amounts of particulate matter emitted from all Upper Hunter licensed premises during the previous levy period.

L is the amount of material moved at the premises to which the licence applies during the previous levy period.

M is the sum of the amounts of material moved at all Upper Hunter coal mining licensed premises during the previous levy period.

N is the amount of oxides of nitrogen and sulphur dioxide emitted from the premises to which the licence applies during the previous levy period.

J is the sum of the amounts of oxides of nitrogen and sulphur dioxide emitted from all Upper Hunter licensed premises during the previous levy period.

Example—

For example, adjustments will be required because the formula uses the emissions produced by an Upper Hunter licence holder during the previous levy period to calculate the amount payable for a levy period. The amount payable by a Upper Hunter licence holder for the first levy period will be calculated based on the emissions produced by the licence holder during the first levy period.

(2) A reference in a component of the formula in subsection (1) to an amount is a reference to the amount provided to the EPA by an Upper Hunter licence holder under section 99.

(3) If information required to calculate the amount of the annual levy is not available to the EPA, the EPA may calculate the amount of the levy based on reasonable estimates.

(4) In this section—

Upper Hunter coal mining licensed premises means premises located in the area of the Upper Hunter monitoring program to which a licence authorising the carrying out of mining for coal applies.

Upper Hunter licensed premises means premises located in the area of the Upper Hunter monitoring program to which a licence authorising the carrying out of mining for coal or the generation of electricity from an energy source, other than wind or solar power, applies.

100 Certain Upper Hunter licence holders must pay construction levy

100 Certain Upper Hunter licence holders must pay construction levy

(1) An Upper Hunter licence holder must pay a construction levy if, in the opinion of the EPA, a new facility to monitor air quality under the Upper Hunter monitoring program is necessary because of the activities or works carried out by the licence holder under the licence.

(2) The amount of the construction levy payable by an Upper Hunter licence holder is the cost to the EPA of the construction of the new facility, including the costs associated with the construction.

(3) If the new facility is necessary because of activities or works carried out by more than one Upper Hunter licence holder, the EPA must calculate the amount of the construction levy payable by each licence holder on a proportionate basis.

101 Upper Hunter licence holders must provide information to EPA

101 Upper Hunter licence holders must provide information to EPA

(1) It is a condition of an Upper Hunter licence holder’s licence that the licence holder provide the following information to the EPA by 30 September, or by a later date as is notified to the licence holder by the EPA, in each levy period—

(a) the amount of particulate matter emitted from the premises to which the licence applies during the previous levy period,

(b) the amount of oxides of nitrogen and sulphur dioxide emitted from the premises to which the licence applies during the previous levy period,

(c) for an Upper Hunter coal mining licence holder—the amount of material moved at the premises to which the licence applies during the previous levy period.

(2) The amounts of emissions and material moved during a levy period must be calculated in accordance with a methodology notified to the licence holder by the EPA.

(3) An Upper Hunter licence holder is not required to provide information for a levy period if the information has previously been provided to the EPA in accordance with other reporting requirements that apply to the licence holder under the Act.

102 Upper Hunter licence holders must provide assistance to EPA

102 Upper Hunter licence holders must provide assistance to EPA

It is a condition of an Upper Hunter licence holder’s licence that, for the purposes of, or in connection with, the operation of the Upper Hunter monitoring program, the licence holder—

(a) permit entry by a person authorised in writing by the EPA to land owned or occupied by the licence holder, and

(b) provide reasonable assistance and facilities as may be required by the person.

103 EPA must publish results of air quality monitoring in Upper Hunter

103 EPA must publish results of air quality monitoring in Upper Hunter

The EPA must make the results of the air quality monitoring carried out under the Upper Hunter monitoring program available on its website.

104 EPA must report on Upper Hunter monitoring program

104 EPA must report on Upper Hunter monitoring program

(1) The EPA must prepare a report each year that contains an analysis of the results of the air quality monitoring carried out under the Upper Hunter monitoring program for the year.

(2) The EPA must also prepare a report by 1 February every 5 years containing the following matters in relation to the Upper Hunter monitoring program—

(a) a review of the effectiveness of the monitoring program in fulfilling its objectives,

(b) the results of an independent audit, to be arranged by the EPA, of the efficiency and cost effectiveness of the monitoring program,

(c) any recommendations for improvements to the monitoring program,

(d) other matters considered appropriate to be included by—

(i) the EPA, or

(ii) an advisory committee established to advise the EPA in relation to the program.

(3) The first report under subsection (2) must be prepared by 1 February 2027.

(4) The reports prepared under this section must be made available on the website of the EPA.

105 Interpretation

105 Interpretation

(1) In this Part—

annual levy means the levy payable each levy period by each licence holder under this Part.

general program costs means all costs incurred by the EPA in relation to the monitoring program, other than the costs of monitoring oxides of nitrogen, sulphur dioxide or particulate matter, including the following—

(a) costs set out in the Act, section 295Z(4),

(b) costs associated with purchasing, constructing, maintaining and updating equipment, facilities and infrastructure,

(c) costs associated with the use of equipment, facilities and infrastructure,

(d) costs associated with the administration of the program, including the costs associated with reporting on the program and advisory committees established to advise the EPA in relation to the program.

levy period means the period of 12 months commencing on 1 July in each year.

Newcastle means the City of Newcastle local government area and includes the Subject Land, including the Deferred Matter, as shown on State Environmental Planning Policy (Three Ports) 2013 Land Application Map Sheet LAP_003.

Newcastle licence holder means a person who holds a licence that authorises a scheduled activity to be carried out at premises in Newcastle.

Newcastle licence holder’s emissions means the total emissions from all premises within Newcastle to which the holder’s licence relates as determined by the EPA.

Newcastle monitoring program means the environmental monitoring program operated by or on behalf of the EPA that monitors air quality in Newcastle and is known as the Newcastle Local Air Quality Monitoring Network, and includes changes made by the EPA to the program from time to time.

total LGA emissions means the total emissions under licences from premises within Newcastle as determined by the EPA.

(2) Emissions under this Part must be calculated in kilograms.

106 Emissions

106 Emissions

(1) In determining emissions for the purpose of this Part, the EPA must use the data from the following sources and, to the extent of a conflict, use data from a source appearing higher in the following list rather than lower in the list—

(a) estimates provided by a Newcastle licence holder to the EPA before the end of the levy period to which the data relates, if the EPA is satisfied the estimates relate to emissions from all points and diffuse sources and have been determined in accordance with methods approved by the EPA,

(b) data from the AEI,

(c) data from the NPI,

(d) data collected by the EPA through other emission inventory or reporting programs.

(2) In using data from the AEI or NPI, the EPA—

(a) must use the most recent data for the levy period to which the data relates, and

(b) for an industry for which there is no relevant data, must use data from an industry the EPA reasonably believes is conducting comparable scheduled activities at a comparable scale.

(3) The EPA must make data used to determine emissions available to a Newcastle licence holder if requested in writing to do so.

(4) In this section—

AEI means the Air Emissions Inventory for the Greater Metropolitan Region in NSW published by the EPA.

NPI has the same meaning as in Chapter 8.

107 Objectives of Newcastle monitoring program

107 Objectives of Newcastle monitoring program

The objective of the Newcastle monitoring program is to provide government, industry and the community with—

(a) reliable and up-to-date information on air quality in Newcastle, and

(b) information that is of assistance in assessing changes in air quality and identifying the major sources of monitored pollutants.

108 Newcastle licence holders must pay levy

108 Newcastle licence holders must pay levy

(1) A Newcastle licence holder must pay an annual levy in relation to the Newcastle monitoring program under this Part.

(2) The EPA, during a levy period, must provide written notice to each Newcastle licence holder of the amount of the annual levy the licence holder is required to pay for the levy period.

Note—

The amount will be based on an estimate made by the EPA under section 109.

(3) The amount must be paid—

(a) within 30 days after the notice is given by the EPA, or

(b) by a later date specified by the EPA in the notice.

(4) If an amount is not paid by the due date, the amount must be increased by the amount of simple interest calculated at the rate of 25% per year on the amount unpaid for each day that elapses after the due date and before the date of payment.

(5) The EPA may, if it considers it appropriate to do so, reduce its costs in relation to a levy period to take account of arrears paid in relation to an earlier levy period.

109 Calculation of annual levy

109 Calculation of annual levy

(1) The annual levy payable by a Newcastle licence holder for a levy period is calculated by adding together the amount of the following as payable by the licence holder during the levy period—

(a) the oxides of nitrogen monitoring component,

(b) the sulphur dioxide monitoring component,

(c) the particulate matter monitoring component,

(d) the general program costs component.

(2) A Newcastle licence holder is required to pay the proportion of the EPA’s costs in monitoring oxides of nitrogen during the levy period that is equal to the proportion of the licence holder’s emissions of oxides of nitrogen during the levy period to the total LGA emissions of oxides of nitrogen during the period.

(3) A Newcastle licence holder is required to pay the proportion of the EPA’s costs in monitoring sulphur dioxide during the levy period that is equal to the proportion of the licence holder’s emissions of sulphur dioxide during the levy period to the total LGA emissions of sulphur dioxide during the period.

(4) A Newcastle licence holder is required to pay the proportion of the EPA’s costs in monitoring particulate matter during the levy period that is equal to the proportion of the licence holder’s emissions of particulate matter during the levy period to the total LGA emissions of particulate matter during the period.

(5) A Newcastle licence holder is required to pay the proportion of the EPA’s general program costs during the levy period that is equal to the proportion of the licence holder’s total emissions of oxides of nitrogen, sulphur dioxide and particulate matter during the levy period to the total LGA emissions of oxides of nitrogen, sulphur dioxide and particulate matter during the period.

(6) If the amount of the annual levy payable by a Newcastle licence holder for a levy period when calculated under this section is less than $100—

(a) the licence holder is not required to pay the annual levy for the levy period, and

(b) the emissions of the licence holder during the levy period must not be taken into account in calculating total LGA emissions for the period.

Note—

The amount payable by other Newcastle licence holders will be effectively increased as their proportion of the total emissions will be larger.

110 Emissions from vessels to be included in Newcastle licence holder’s emissions

110 Emissions from vessels to be included in Newcastle licence holder’s emissions

(1) The total emissions from vessels in Newcastle of oxides of nitrogen, sulphur dioxide and particulate matter for a levy period must be apportioned as follows between shipping premises—

(a) the premises must be divided into 3 levels as follows—

(i) level 1—shipping premises at which the annual capacity to load and unload is not more than 100,000 tonnes,

(ii) level 2—shipping premises at which the annual capacity to load and unload is more than 100,000 tonnes but not more than 500,000 tonnes,

(iii) level 3—shipping premises at which the annual capacity to load and unload is more than 500,000 tonnes,

(b) the emissions of oxides of nitrogen, sulphur dioxide and particulate matter are then to be apportioned so that—

(i) equal amounts of each type of emissions are apportioned to premises at the same level, and

(ii) level 2 shipping premises are apportioned 3.3 times as many emissions of each type as level 1 shipping premises, and

(iii) level 3 shipping premises are apportioned 9 times as many emissions of each type as level 1 shipping premises.

(2) Emissions in Newcastle from a vessel are taken not to be emissions from premises except as provided by this section.

(3) Emissions that are apportioned to premises under this section must be taken into account as part of the relevant Newcastle licence holder’s emissions and the total LGA emissions.

(4) In this section—

shipping premises mean premises in Newcastle at which the scheduled activity of shipping in bulk is authorised to be carried out.

111 Cost of Newcastle monitoring program

111 Cost of Newcastle monitoring program

(1) During each levy period, the EPA must calculate an estimate of the cost to the EPA of each of the following for the levy period—

(a) the costs of monitoring oxides of nitrogen,

(b) the costs of monitoring sulphur dioxide,

(c) the costs of monitoring particulate matter,

(d) the general program costs.

(2) After the end of a levy period, the EPA must calculate the actual cost to the EPA of each of the matters for the levy period.

(3) The EPA may, in relation to a difference between the estimated cost of a matter and the actual cost of the matter—

(a) carry forward the difference to a subsequent levy period, or

(b) arrange for Newcastle licence holders to make a payment or receive a refund for the difference.

112 EPA may direct Newcastle licence holder to provide information

112 EPA may direct Newcastle licence holder to provide information

(1) The EPA may, for the purposes of this Part, direct a Newcastle licence holder to provide to the EPA information as may be specified in the direction.

(2) A direction under this section—

(a) must be given by written notice, and

(b) may specify the methodology or assumptions to be used by the licence holder in generating the required information, and

(c) may specify the way and form in which the information must be provided.

(3) It is a condition of a Newcastle licence holder’s licence that the licence holder comply with a direction under this section within the time, if any, specified in the direction.

113 Newcastle licence holders must provide assistance to EPA

113 Newcastle licence holders must provide assistance to EPA

It is a condition of a Newcastle licence holder’s licence that, for the purposes of, or in connection with, the operation of the Newcastle monitoring program, the licence holder—

(a) permit entry by a person authorised in writing by the EPA to land owned or occupied by the licence holder, and

(b) provide reasonable assistance and facilities as may be required by the person.

114 EPA must publish results of air quality monitoring in Newcastle

114 EPA must publish results of air quality monitoring in Newcastle

The EPA must make the results of the air quality monitoring carried out under the Newcastle monitoring program available on its website.

115 EPA must report on Newcastle monitoring program

115 EPA must report on Newcastle monitoring program

(1) The EPA must prepare a report containing the following matters in relation to the Newcastle monitoring program—

(a) a review of the effectiveness of the monitoring program in fulfilling its objectives,

(b) the results of an independent audit, to be arranged by the EPA, of the efficiency and cost effectiveness of the monitoring program,

(c) any recommendations for improvements to the monitoring program,

(d) other matters the EPA considers appropriate or that an advisory committee established to advise the EPA in relation to the monitoring program considers appropriate.

(2) The report must be prepared by 1 September every 4 years with the first report due by 1 September 2022.

(3) Each report must be made available on the website of the EPA.

116 Object

116 Object

The object of this Chapter is to give effect to and enforce compliance with the NPI.

117 Definitions

117 Definitions

In this Chapter—

NPI means the National Environment Protection (National Pollutant Inventory) Measure 1998 made under the National Environment Protection Council Act 1994 of the Commonwealth, Part 3, Division 2, as in force on 2 December 2008.

reporting threshold for a substance means the reporting threshold for the substance specified in the NPI.

Note—

Terms used in this Chapter that are defined in the NPI, for example, occupier and reporting facility, have the same meanings as they have in the NPI except as otherwise provided in this Chapter.

118 Application—occupiers of certain reporting facilities

118 Application—occupiers of certain reporting facilities

This Chapter applies to an occupier of a reporting facility if the ANZSIC code for one or more activities undertaken at the facility—

(a) has been agreed between the participating jurisdictions referred to in the NPI, and

(b) has been included by the Commonwealth on a published list.

119 Occupier must provide reporting facility data to EPA

119 Occupier must provide reporting facility data to EPA

(1) If a reporting threshold for a substance is exceeded in a reporting period, the occupier of each reporting facility must provide the following information to the EPA—

(a) supporting data for the facility,

(b) for each substance for which the reporting threshold is exceeded in the period—substance identity information, emission data estimated in accordance with Part 3 and information that may be required to assess the integrity of the emission data,

(c) for each substance for which a category 1, category 1a or category 1b reporting threshold is exceeded in the period—the mass of each substance used in the reporting period,

(d) for each substance for which a category 2a or category 2b reporting threshold is exceeded in the period—the type and mass of fuel or waste burned in the reporting period,

(e) for each substance for which a category 1, category 1b or category 3 reporting threshold is exceeded in the period—mandatory transfer data and information that may be required to assess the integrity of the mandatory transfer data,

(f) a statement that the occupier has exercised due diligence in gathering and providing the information referred to in paragraphs (a)–(e), and signed by the occupier or a person authorised by the occupier.

(2) An occupier must provide the information referred to in subsection (1) to the EPA within 3 months after the end of the reporting period to which the information relates.

Maximum penalty—

(a) for a corporation—40 penalty units, or

(b) for an individual—20 penalty units.

120 Occupier must keep data for 4 years

120 Occupier must keep data for 4 years

(1) The occupier of a reporting facility must keep the data used in deciding if the reporting threshold for a substance is exceeded in the reporting period for the occupier’s facility for 4 years after the reporting period ends.

Maximum penalty—

(a) for a corporation—40 penalty units, or

(b) for an individual—20 penalty units.

(2) The occupier must keep the data used in calculating emission or transfer data given to the EPA for 4 years after the emission or transfer data is required to be given.

Maximum penalty—

(a) for a corporation—40 penalty units, or

(b) for an individual—20 penalty units.

121 Exemption from reporting requirement—national security

121 Exemption from reporting requirement—national security

(1) The occupier of a reporting facility is exempted from the requirement to provide information to the EPA under section 119 if the occupier gives the EPA written evidence that—

(a) the occupier has made a claim to the Commonwealth under the NPI that the information should be treated as confidential on the grounds of national security, and

(b) the claim—

(i) has been granted, or

(ii) has not been assessed within the period by which the occupier is required to provide the information under the section.

(2) In relation to a claim referred to in subsection (1)(b)(ii)—if the Commonwealth refuses the claim after the period within which the occupier is required to provide the information to the EPA, the occupier must provide the information to the EPA within 60 days after receiving notice of the Commonwealth’s decision to refuse the claim.

s 121: Am 2023 (51), Sch 1.2.

122 Exemption from reporting requirement—commercial confidentiality

122 Exemption from reporting requirement—commercial confidentiality

(1) The occupier of a reporting facility is exempted from the requirement to provide information to the EPA under section 119 if—

(a) the occupier has made a claim that the information should be treated as confidential on the grounds of commercial confidentiality, and

(b) the claim has been granted.

(2) The occupier may make the claim by written notice given to the EPA and the notice must contain the information necessary to enable the EPA to decide the claim.

(3) The EPA may, by written notice given to the occupier, ask the occupier to provide further relevant information to the EPA, within a reasonable period specified in the notice, to enable the EPA to decide the claim.

(4) The EPA may—

(a) grant the claim if the EPA reasonably believes a document contains information for which there is an overriding public interest against disclosure under the Government Information (Public Access) Act 2009 because of the public interest considerations in that Act, section 14, Table, clause 4, and

(b) refuse the claim on grounds including—

(i) the EPA has given the occupier a notice under subsection (3), and

(ii) the occupier does not comply with the request in the period specified in the notice.

(5) The EPA must give the occupier written notice of the EPA’s decision about the claim and, if the EPA refuses the claim, specify the reasons for the refusal in the notice.

(6) The EPA is taken to have refused the claim if the EPA has not given the occupier written notice of the decision—

(a) within 90 days after the EPA has received notice of the claim, or

(b) if the occupier has given the EPA further information in response to a request under subsection (3)—within 90 days after the EPA has received the information.

s 122: Am 2023 (51), Sch 1.2.

123 Estimation techniques—emission and mandatory transfer data

123 Estimation techniques—emission and mandatory transfer data

(1) In estimating emission data and mandatory transfer data for the purposes of reporting information required under Part 2, each occupier of a reporting facility must use—

(a) a technique set out in industry reporting materials applying to the facility, or

(b) a technique provided in the load calculation protocol for an activity undertaken at the facility, or

(c) a technique approved by the EPA for—

(i) the facility, or

(ii) the industry type of the facility.

(2) The occupier must choose the estimation technique that is likely to provide the most reliable estimation of the emission data and mandatory transfer data.

124 Application for approval of estimation technique

124 Application for approval of estimation technique

(1) The occupier of a reporting facility may apply to the EPA for approval of an estimation technique for emission or mandatory transfer data.

(2) The application must—

(a) be in writing, and

(b) set out the technique for which approval is sought, and

(c) give the information necessary to enable the EPA to decide the application.

125 Deciding application

125 Deciding application

(1) The EPA may decide an application by—

(a) approving the estimation technique subject to the modifications the EPA considers appropriate, or

(b) refusing to approve the technique.

(2) In deciding whether to approve the technique the EPA must consider the accuracy of the technique compared with the accuracy of estimation techniques in the relevant industry reporting materials for the relevant reporting facility.

(3) The EPA may, by written notice given to the occupier, ask the occupier to provide further relevant information to the EPA, within a reasonable period specified in the notice, to enable the EPA to decide the application.

(4) The EPA may refuse to approve the technique on grounds including—

(a) the EPA has given the occupier a notice under subsection (3), and

(b) the occupier does not comply with the request in the period specified in the notice.

(5) The EPA must give the occupier written notice of the EPA’s decision about the application and—

(a) if the EPA approves the technique subject to a modification—specify the reasons for the modification in the notice, or

(b) if the EPA refuses to approve the technique—specify the reasons for the refusal in the notice.

(6) The EPA is taken to have refused the application if the EPA has not given the occupier written notice of the decision—

(a) within 90 days after the application has been made, or

(b) if the occupier has given the EPA further information in response to a written notice from the EPA—within 90 days after the EPA has received the information.

126 Definition

126 Definition

In this Part—

functions of an enforcement officer means the functions of an enforcement officer under the Act, Part 8.2.

127 Authorisation of enforcement officers by organisation—the Act, s 226

127 Authorisation of enforcement officers by organisation—the Act, s 226

(1) An organisation may appoint a person as an enforcement officer by authorising the person to exercise the functions of an enforcement officer.

(2) An organisation must not appoint a person as an enforcement officer unless the person is a member of staff of the organisation.

(3) In this section—

member of staffof an organisation includes a reference to a person who—

(a) is a member of staff of a body corporate, whether or not the body corporate is a public authority, and

(b) acts under the direction and control of the organisation in the provision of services that are the subject of an arrangement between the body corporate and the organisation.

Note—

The Government Sector Employment Act 2013, section 59 provides that a reference to a member of staff of a statutory body must be read as including a reference to—

(a) a Public Service employee who is employed to enable the statutory body to exercise its functions, or

(b) otherwise—a person whose services the statutory body makes use of, whether by secondment or otherwise.

128 Limits on exercise of functions by enforcement officers—the Act, s 226

128 Limits on exercise of functions by enforcement officers—the Act, s 226

(1) An enforcement officer appointed by a local council may exercise the functions of an enforcement officer only in the area of the council.

(2) Nothing prevents a person being appointed as an enforcement officer by more than 1 local council.

(3) An enforcement officer must not exercise the functions of an enforcement officer for a penalty notice offence alleged to have been committed by—

(a) the organisation that appointed the person as an enforcement officer, or

(b) a member of staff of the organisation.

129 Penalty notices issued on owners of vehicles or vessels—the Act, Sch 2, cl 4

129 Penalty notices issued on owners of vehicles or vessels—the Act, Sch 2, cl 4

(1) This section applies to offences against the Act or the regulations under the Act that apply specifically to the owner of a vehicle or vessel.

(2) A penalty notice may, if it relates to an offence to which this section applies—

(a) be issued by leaving it on, or attaching it to, the vehicle or vessel, and

(b) be addressed to the owner of a vehicle or vessel without naming the owner or stating the owner’s address.

130 Penalty notices issued to masters of vessels—the Act, Sch 2, cl 4

130 Penalty notices issued to masters of vessels—the Act, Sch 2, cl 4

(1) This section applies to offences against the Act or the regulations under the Act that apply specifically to the master of a vessel.

(2) A penalty notice may, if it relates to an offence to which this section applies—

(a) be issued by—

(i) leaving it on, or attaching it to, the vessel, or

(ii) leaving it with the person having command or charge of the vessel for the time being, and

(b) be addressed to the master of a vessel without naming the master or stating the master’s address.

(3) In this section—

master of a vessel means a person, other than a pilot, having command or charge of the vessel.

131 Pollution—testing methodology—the Act, Sch 2, cl 12

131 Pollution—testing methodology—the Act, Sch 2, cl 12

(1) This section applies if a person is required by or under the environment protection legislation, or a licence or notice under the legislation, to test for—

(a) the presence or concentration of matter, or

(b) noise, or

(c) odour.

(2) The test methodology must be—

(a) if a methodology is specified in the requirement for testing—the methodology specified, or

(b) otherwise—the methodology prescribed in the Approved Methods Publication, including prescribed requirements as to sampling, measuring, analysis and the keeping of records, in relation to the matter.

(3) This section does not apply to a person who is acting in the administration or execution of the environment protection legislation.

132 Water pollution—emergency prohibition or regulation for drinking water safety—the Act, Sch 2, cl 13

132 Water pollution—emergency prohibition or regulation for drinking water safety—the Act, Sch 2, cl 13

(1) The purpose of this section is to enable the EPA to prohibit or regulate aquatic activities that threaten the safety of drinking water that is part of a public water supply if urgent action is required and other regulatory authorities are not authorised, or have not acted, to protect the safety of the drinking water.

(2) For that purpose, the EPA may, by order published in the Gazette, prohibit or regulate specified aquatic activities in a specified area of water.

(3) An order under this section has effect for the period, not more than 3 months, specified in the order, unless the order is sooner revoked by a further order of the EPA published in the Gazette.

(4) The EPA must take the measures it considers appropriate to bring a notice under this section to the attention of the public, including using notices erected near the area of water.

(5) A person who contravenes an order under this section is guilty of an offence.

Maximum penalty—5 penalty units.

(6) In this section—

aquatic activities include swimming, bathing, boating, water skiing or fishing.

133 Land pollution—the Act, Dictionary

133 Land pollution—the Act, Dictionary

(1) For the Act, Dictionary, the definition of land pollution, paragraph (a)(ii), the following matter is prescribed—

(a) hazardous waste,

(b) restricted solid waste,

(c) more than 10 tonnes of asbestos waste,

(d) more than 5 tonnes of waste tyres or more than 500 waste tyres.

Note—

Placing smaller amounts of asbestos waste or waste tyres on land may fall within the Act, Dictionary, the definition of land pollution, paragraph (a) and may also give rise to water pollution.

(2) Matter referred to in subsection (1) is excluded from the Act, Dictionary, the definition of land pollution or pollution of land, if the matter is placed in or on, or otherwise introduced into or onto, land on which the matter was generated—

(a) in accordance with an approved voluntary management proposal, management order or ongoing maintenance order under the Contaminated Land Management Act 1997, or

(b) in accordance with a public positive covenant or restriction imposed under the Contaminated Land Management Act 1997, section 29, or

(c) as part of category 1 remediation work carried out under State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 4.

(3) In this section—

hazardous waste, restricted solid waste and waste tyres have the same meanings as they have in the Act, Schedule 1.

s 133: Am 2025 No 58, Sch 10[1].

134 Land pollution—defences relating to pesticides, fertilisers and other substances—the Act, s 142D

134 Land pollution—defences relating to pesticides, fertilisers and other substances—the Act, s 142D

For the Act, section 142D(2)—

biosolids, manure and virgin excavated natural material have the same meanings as they have in the Act, Schedule 1, Part 3, Division 2.

non-hazardous agricultural or crop waste means agricultural or crop waste that is not hazardous waste or restricted solid waste, within the meanings of the Act, Schedule 1.

135 Noise pollution—form of warrants for noise abatement directions—the Act, s 280

135 Noise pollution—form of warrants for noise abatement directions—the Act, s 280

For the purposes of the following provisions of the Act, the prescribed form of the record to be made, or the statement to be provided, under the provision are as follows—

(a) section 280(5)—Form 1 in Schedule 7,

(b) section 280(10)—Form 2 in Schedule 7,

(c) section 280(11)(a)—Form 3 in Schedule 7.

136 Noise pollution—time for appeals against noise control notices—the Act, s 290

136 Noise pollution—time for appeals against noise control notices—the Act, s 290

For the Act, section 290(1), the period within which a person may appeal to the Land and Environment Court against a noise control notice relating to the keeping of an animal at premises is 7 days after service of the notice.

137 Pollution incidents—notification—the Act, s 149

137 Pollution incidents—notification—the Act, s 149

(1) For the Act, section 149(1), a pollution incident that is required to be notified under the Act, section 148—

(a) must be notified verbally to each relevant authority, and

(b) must be followed by notification in writing within 7 days of the date on which the incident occurred.

(2) Notification of the EPA may be achieved by telephoning the EPA environment line.

Note—

The Act, section 150(2) provides that the information contained in a notification must be the information known when the notification occurs. If information becomes known between the immediate notification given verbally and the time when written notification is required to be given, the new information will be required to be notified immediately after it becomes known and to be included in the written notification.