New South Wales Consolidated Regulations

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PROTECTION OF THE ENVIRONMENT OPERATIONS (GENERAL) REGULATION 2009

- Made under the Protection of the Environment Operations Act 1997
- As at 25 February 2019
- Reg 211 of 2009

TABLE OF PROVISIONS

CHAPTER 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

CHAPTER 2 - ENVIRONMENT PROTECTION LICENCES

   PART 1 - LICENCE FEES

           Division 1 - Preliminary

   4.      Definitions
   5.      Licence fee period
   6.      Changes in licence fee period
   7.      Annual licence fee

           Division 2 - Administrative fees

   8.      Administrative fee must accompany application
   9.      Amount of administrative fee unit
   10.     Calculating amount of administrative fee
   10A.    Environmental management calculation protocol
   10B.    Determination of environmental management category--insufficient information provided
   10C.    Change in environmental management category--adjustment of administrative fee
   11.     Refunds if application refused or withdrawn
   12.     Refunds and waivers--licence holders

           Division 3 - Load-based fees

   13.     Objects of load-based licensing scheme
   14.     Circumstances in which no load-based fee payable
   15.     Requirement to calculate and record actual load
   16.     Calculation of load-based fee
   17.     Determining the assessable load--Step 2 of load-based fee calculation
   18.     Fee rate thresholds--Step 3 of load-based fee calculation
   19.     Calculating the fee for each assessable pollutant--Step 4 of load-based fee calculation
   20.     Nitrogen oxides or VOCs discharged in Sydney basin area in summer--Step 6 of load-based fee calculation
   21.     Load calculation protocol
   22.     Determination of load-based fee--insufficient information provided
   23.     Aggregation of licences--"bubble licence arrangements"
   24.     Refunds--errors in calculations

           Division 4 - Load reduction agreements and fee reductions

   25.     Definitions
   26.     Effect and term of load reduction agreement
   27.     Applications for load reduction agreements
   28.     Content of load reduction agreements
   29.     Amendment of load reduction agreement
   30.     Agreement of no effect without condition in licence
   31.     Termination of agreement
   32.     Amounts payable on termination or expiration
   33.     When amounts must be paid
   34.     Payment by instalments
   35.     Effect of transfer of licences on load reduction agreements

           Division 5 - Time for payment and penalties for late payment

   36.     Administrative fee
   37.     Load-based fee
   38.     Refunds and waivers--penalties for late payment

           Division 6 - Change in activity classification or scale

   39.     Application of Division
   40.     Adjustment of administrative fee
   41.     Adjustment of load-based fee

   PART 2 - LOAD-BASED LICENSING TECHNICAL REVIEW PANEL

   42.     Constitution
   43.     Members
   44.     Functions
   45.     Membership and procedure

   PART 3 - MISCELLANEOUS LICENSING PROVISIONS

   46.     Scheduled development work
   47.     Commencement of licensing for existing activities
   47A.    (Repealed)
   48.     Exclusion of Part 5 of EPA Act
   49.     Statement of reasons for grant or refusal of licence
   50.     Fee for transfer of licence
   51.     Refusal of certain licence applications
   51A.    Fit and proper persons
   52.     Other relevant legislation
   53.     Application of payments
   54.     Preservation of records

CHAPTER 3 - WATER POLLUTION

   PART 1 - EXEMPTIONS

   55.     Pollutants discharged from Victorian premises into Murray
   56.     Pollutants discharged into sewer
   57.     Sewage discharged from vessels
   58.     Operation of engines propelling vessels
   59.     Cold water releases

   PART 2 - OTHER

   60.     Methodology for testing for matter in waters
   61.     Emergency prohibition or regulation--safety of drinking water

CHAPTER 4 - NATIONAL POLLUTANT INVENTORY

   PART 1 - PRELIMINARY

   62.     Object of Chapter
   63.     Definitions
   64.     Occupiers to whom Chapter applies

   PART 2 - REPORTING AND RECORD KEEPING REQUIREMENTS

   65.     Collection of data from reporting facilities
   66.     Occupier must keep data for period of 4 years

   PART 3 - ESTIMATION TECHNIQUES

   67.     Emission and transfer estimation techniques
   68.     Application for approval of estimation technique
   69.     Determination of application

   PART 4 - EXEMPTIONS FROM REPORTING REQUIREMENTS

   70.     National security
   71.     Commercial confidentiality

CHAPTER 5 - VEHICLE TESTING AND INSPECTION

   72.     Definitions
   73.     Approved mechanics
   74.     Approved inspection stations
   75.     Maximum fee for test or inspection
   76.     Vehicle inspection reports
   77.     Variation of approvals
   78.     Surrender of approvals
   79.     Suspension or revocation of approvals

CHAPTER 5A - ENVIRONMENTAL MONITORING

   PART 1 - UPPER HUNTER AIR QUALITY MONITORING NETWORK

   79A.    Preliminary
   79B.    Objectives of Upper Hunter monitoring program
   79C.    Upper Hunter licence holders required to pay environmental monitoring levy
   79D.    Calculation of annual levy for Upper Hunter electricity generation licence holders
   79E.    Calculation of annual levy for Upper Hunter coal mining licence holders
   79F.    Calculation of annual levy for first and second levy periods for new Upper Hunter licence holders
   79G.    Calculation of cost of Upper Hunter monitoring program
   79H.    Certain Upper Hunter licence holders to pay construction levy
   79I.    Upper Hunter licence holders to provide information to EPA
   79J.    Upper Hunter licence holders to provide assistance to EPA
   79K.    EPA to publish results of air quality monitoring in Upper Hunter
   79L.    EPA to report on Upper Hunter monitoring program

   PART 2 - NEWCASTLE LOCAL AIR QUALITY MONITORING NETWORK

   79M.    Definitions
   79N.    Determining emissions
   79O.    Objectives
   79P.    Licence holders required to pay levy
   79Q.    Calculation of annual levy
   79R.    Emissions from vessels to be included in licence holder's emissions
   79S.    Calculation of cost of monitoring program
   79T.    EPA may direct licence holder to provide information
   79U.    Licence holders to provide assistance to EPA
   79V.    EPA to publish results of monitoring
   79W.    EPA to report on monitoring program

CHAPTER 6 - PENALTY NOTICES

   80.     Penalty notice offences
   81.     Enforcement officers
   82.     Amounts of penalty payable
   83.     Service of penalty notices on owners of vehicles or vessels
   83A.    Service of penalty notices on masters of vessels

CHAPTER 7 - MISCELLANEOUS

   PART 1 - APPROPRIATE REGULATORY AUTHORITY

   84.     Definitions
   85.     Marine Parks Authority
   86.     Roads and Maritime Services
   87.     Chief Executive of Office of Environment and Heritage
   88.     Burning of bio-material in electricity generating works
   89.     Inner West Light Rail
   90.     Outdoor entertainment activities
   90A.    Entertainment activities at Sydney Olympic Park
   91.     Underground petroleum storage systems
   92.     EPA--non-scheduled activities
   93.     Waste activities licensed before substitution of Schedule 1

   PART 2 - EXEMPTIONS FROM PROVISIONS OF ACT OR REGULATIONS
   Note

   94.     Prohibition on placing advertising material on vehicles
   95.     Noise control--Luna Park site
           95A, 95B. (Repealed)

   PART 3 - BURNING OF BIO-MATERIAL IN ELECTRICITY GENERATING WORKS

   96.     Definitions
   97.     Must not use native forest bio-material to generate electricity
   98.     Record keeping

   PART 3A - POLLUTION INCIDENT RESPONSE MANAGEMENT PLANS

   98A.    Definition
   98B.    Form of plan
   98C.    Additional matters to be included in plan
   98D.    Availability of plan
   98E.    Testing of plan
   98F.    Transitional period for existing licence holders

   PART 4 - OTHER

   99.     Fee for clean-up, prevention and noise control notices
   100.    Defences relating to pesticides, fertilisers and other substances
   101.    Notification of pollution incidents
   101A.   Protocol for determining amount representing monetary benefits
   102.    Warrants relating to noise abatement directions
   103.    Appeals regarding noise
   104.    Evaluation of green offset schemes or works
   105.    Additional restriction on requiring financial assurances
   106.    Additional matters to be included in public register
   107.    Keeping of register--certain non-scheduled activities
   108.    (Repealed)
   109.    Definition of "land pollution"
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8
           Schedule 9 (Repealed)


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