NSWIn ForceRegulation
Protection of the Environment Operations (Waste) Regulation 2014
91General provisions relating to exemptions
Start here
Get a plain-English read of 91
Turn the raw legal text into a practical explanation grounded in Protection of the Environment Operations (Waste) Regulation 2014.
#### 91 General provisions relating to exemptions
91 General provisions relating to exemptions
(cf clause 51 of 2005 Reg)
> > (1) The EPA may, if authorised to do so by the Act or another provision of this Regulation, grant an exemption under this clause from specified provisions of the Act or this Regulation.
>
> > (2) The EPA may grant an exemption to any person or class of persons.
>
> > (3) Without limiting subclause (2), any exemption may be granted to any person or class of persons by reference to—
> >
> > > (a) any premises or class of premises, or
> >
> > > (b) any area or class of areas, or
> >
> > > (c) any activity or class of activities, or
> >
> > > (d) any other matter or thing or class of matters or things.
>
> > (4) The EPA may grant an exemption—
> >
> > > (a) on its own initiative, or
> >
> > > (b) on the application of a person to whom the exemption applies, or
> >
> > > (c) on the application of a person belonging to a class of persons to which the exemption applies, or
> >
> > > (d) in the case of an exemption authorised to be granted by clause 92—on the application of a person who—
> > >
> > > > (i) supplies, or intends to supply, waste to a person to whom the exemption applies, or
> > >
> > > > (ii) supplies, or intends to supply, waste to a person belonging to a class of persons to which the exemption applies, or
> > >
> > > > (iii) supplies, or intends to supply, waste to a person or class of persons for resupply to another person to whom the exemption applies, or
> > >
> > > > (iv) supplies, or intends to supply, waste to a person or class of persons for resupply to another person belonging to a class of persons to which the exemption applies.
>
> > (5) An application under this clause must—
> >
> > > (a) be in the approved form, and
> >
> > > (b) be accompanied by the fee (if any) that the EPA determines, and
> >
> > > (c) be accompanied by any information, documents or evidence that the EPA requires for the purposes of determining whether the exemption should be granted.
>
> > (6) An exemption granted under this clause is effected as follows—
> >
> > > (a) in the case of an exemption granted to specified persons only—by notice published in the Gazette or by written notice given to those persons,
> >
> > > (b) in any other case—by notice published in the Gazette.
>
> > (7) An exemption granted under this clause takes effect—
> >
> > > (a) on the date on which the notice is published or given in accordance with this clause, or
> >
> > > (b) if a later date is specified in the notice—the later date.
>
> > (8) An exemption granted under this clause may be unconditional or may be subject to conditions specified in the notice.
>
> > (9) The EPA may vary or revoke an exemption granted under this clause by a further notice published or given in accordance with this clause.
>
> **cl 91:** Am 2025 No 1, Sch 3\[1\].