144Exceptions to prohibition on energy recovery from thermal treatment of waste

#### 144 Exceptions to prohibition on energy recovery from thermal treatment of waste 144 Exceptions to prohibition on energy recovery from thermal treatment of waste > > (1) A person is not guilty of an offence under section 143 if the activity or work prohibited by the section is carried out at— > > > > > (a) the Parkes Activation Precinct, or > > > > > (b) one of the following nominated precincts, identified on a map published in the Gazette by the EPA— > > > > > > > (i) the Richmond Valley Regional Jobs Precinct, > > > > > > > (ii) the Southern Goulburn Mulwaree Precinct, > > > > > > > (iii) the West Lithgow Precinct, or > > > > > (c) one of the following nominated precincts or premises, identified on a map or specified in a notice published in the Gazette by the EPA— > > > > > > > (i) an Activation Precinct, > > > > > > > (ii) a Regional Jobs Precinct, > > > > > > > (iii) former mine premises, > > > > > > > (iv) former thermal electricity generation premises. > > > (2) The EPA may, by notice published in the Gazette, vary or revoke a nomination referred to in subsection (1)(b) or (c). > > > (3) A person is not guilty of an offence under section 143 if the activity prohibited by the section is— > > > > > (a) lawfully able to be, and first, carried out before the commencement day, and > > > > > (b) an established and operating activity at the premises immediately before the commencement day. > > > (4) A person is not guilty of an offence under section 143 if— > > > > > (a) the activity prohibited by the section is carried out to replace the use of a less environmentally sound fuel, and > > > > > (b) the fuel was, or was lawfully able to be, thermally treated at the premises immediately before the commencement day, and > > > > > (c) for fuel thermally treated at the premises in the 12-month period ending immediately before the commencement day—at least 90% of the energy recovered from thermally treating the fuel, including energy generated from the energy, was used in, or to power, industrial or manufacturing processes at the premises during the period, and > > > > > (d) at least 90% of the energy recovered from thermally treating the waste, including energy generated from the energy, is used in, or to power, industrial or manufacturing processes at the premises in a 12-month period.