New South Wales Consolidated Regulations

PROTECTION OF THE ENVIRONMENT OPERATIONS (HUNTER RIVER SALINITY TRADING SCHEME) REGULATION 2002

- Made under the Protection of the Environment Operations Act 1997
- As at 16 March 2017
- Reg 856 of 2002

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Establishment of scheme and objects
   4.      Definitions
   5.      Participants in scheme
   6.      Discharge licence and discharge licence holder
   7.      Hunter River catchment
   8.      Notes

   PART 2 - GENERAL WORKINGS OF SCHEME

           Division 1 - River blocks, flow ranges and site discharge periods

   9.      Division of Hunter River flow into blocks
   10.     Classification of river blocks
   11.     Flow ranges
   12.     Classification of block--upper sector
   13.     Classification of block--middle sector
   14.     Classification of block--lower sector
   14A.    Link between classifications and authorised discharge points
   14B.    Services Co-ordinator to determine site discharge periods

           Division 2 - River Register

   15.     River Register
   16.     Entry of information in River Register

   PART 3 - DISCHARGE RULES
   Note

           Division 1 - Preliminary

   17.     Salinity targets
   18.     Definition

           Division 2 - Principal rules about discharges

   19.     No discharges except from authorised discharge point
   20.     No discharges except during site discharge period
   21.     (Repealed)
   22.     No discharge in contravention of maximum discharge volume

           Division 3 - Maximum discharge volume--high flow block

   22A.    Maximum discharge volume
   23.     High flow block--determination of volume discharge limit
   24.     Sector credit discount factor--high flow block
   25.     Total allowable discharge of salt

           Division 4 - Maximum discharge volume--flood flow blocks

   26.     Maximum discharge volume
           Division 5
   27.     Imposition of trading rules by EPA
   28.     Effect of trading rules order
           29-31. (Repealed)

           Division 6 - Other rules relating to discharges

   32.     Saline water to be discharged at a regular rate
   33.     Record keeping requirements
   34.     Reporting requirements

           Division 7 - Emergency dilution arrangements

   35.     Defence--emergency dilution arrangements

   PART 4 - CREDITS IN SCHEME

           Division 1 - General

   36.     Creation of credits
   37.     Authority conferred by credit
   37A.    Use of credit
   38.     Lifespan of credit
   39.     Who may hold credit
           Divisions 2, 3 - (Repealed)
           None

           Division 4 - Creation and sale of new credits

   46.     New credits to be created every 2 years
   47.     Sale of new credits by auction
   48.     Sale of new credits by private treaty
   49.     (Repealed)

   PART 4A - ASSIGNMENT OF CREDITS TO AUTHORISED DISCHARGE POINT
   Note

   49A.    Authorised discharge point to be nominated
   49B.    How a credit may be assigned
   49C.    Rules about assignment of credits
   49D.    Effect of contravention of assignment rules on volume discharge limit

   PART 5 - TRADING IN CREDITS

           Division 1 - Trading in credits

   50.     Trading in credits
   51.     Trading facility to be established
   52.     Registration of credit traders
   53.     Use of credit trading facility
   54.     Transfers to be effected by registered traders by means of facility
   55.     Transfers may be made for consideration

           Division 2 - Trading rules
           Note

   56.     General rules as to transfers
   57.     Credits only transferable to registered credit traders
   58.     Partial transfers not permitted
   59.     Transfer not permitted after credit used
   60.     (Repealed)
   61.     Offence for contravention of trading rules
   62.     Effect of contravention of trading rules on volume discharge limit

   PART 5A - CREDIT REGISTER

   63.     Credit Register
   63A.    Assignments to be entered in Credit Register
   64.     Transfers to be entered in Credit Register
   65.     Correction of Credit Register

   PART 6 - ADMINISTRATION OF SCHEME

           Division 1 - Services Co-ordinator

   66.     Services Co-ordinator
   67.     Engagement of contractors to carry out functions
   68.     Functions of EPA

           Division 2 - Registrar

   69.     Registrar

           Division 3 - Operations Committee

   70.     Appointment of Operations Committee
   71.     Functions of Operations Committee
   72.     Failure by Operations Committee to perform functions

   PART 7 - COST RECOVERY

           Division 1 - Contribution payable by participants towards costs of scheme

   73.     Participants required to contribute toward costs of scheme
   74.     Calculation of contribution
   75.     Contribution on credit holdings
   76.     Contribution on discharge licence
   77.     Contributions on forfeited credits

           Division 2 - Calculating total contributions amount

   78.     Total contributions amount
   79.     Costs of Services Co-ordinator
   80.     Costs of Registrar
   81.     Costs of EPA

           Division 3 - Adjustments to total cost

   82.     Functions of EPA
   83.     Reconciliation at end of scheme year
   84.     Auction and sale proceeds
   85.     Adjustments to contributions

   PART 8 - ENFORCEMENT

   86.     General enforcement power of EPA
   87.     Confirmation of enforcement order
   88.     Forfeiture of credits
   89.     Notice of reasons for making forfeiture order
   90.     Effect of forfeiture order
   91.     Offence of providing false information

   PART 9 - MISCELLANEOUS

   92.     Suspension of scheme
   93.     Application of amendments
   94.     Review of Regulation--timetable

   PART 10 - (Repealed)
   None
           Schedule 1 (Repealed)
           SCHEDULE 2
           Dictionary