New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT ADMINISTRATION ACT 1991 - SECT 34A

34A Environment Protection Authority Fund

(1) There is established in the Special Deposits Account an account called the Environment Protection Authority Fund (
"the Fund" ).

(2) Money in the Fund is under the control of the Authority and can be expended by the Authority only for the purposes authorised by this section.

(3) There is to be paid into the Fund--

(a) any of the following money payable to the Authority under the Protection of the Environment Operations Act 1997 --

(i) any fees with respect to environment protection licences, including fees for applications made for or with respect to those licences and annual licence fees (other than load-based fees),

(ii) any interest on outstanding amounts of any such fees (other than load-based fees),

(iii) any amounts required to be paid as a penalty for default under section 57 of that Act (other than with respect to load-based fees),

(iv) any fees with respect to clean-up notices, prevention notices or noise control notices,

(v) amounts specified in any compliance cost notices given under Chapter 4 or section 267B of that Act,

(vi) amounts specified in any notices given under section 107 or 295ZD of that Act, and

(a1) amounts payable under penalty notices issued under the following legislation by officers or employees of the Authority--

(i) environment protection legislation,

(ii) the Biodiversity Conservation Act 2016 and regulations under that Act, and

(b) any fees payable to the Authority under the following Acts--

(i) the Contaminated Land Management Act 1997 ,

(ia) the Plastic Reduction and Circular Economy Act 2021 ,

(ii) the Dangerous Goods (Road and Rail Transport) Act 2008 ,

(iii) the Environmental Planning and Assessment Act 1979 ,

(v) the Pesticides Act 1999 ,

(vi) the Protection from Harmful Radiation Act 1990 ,

(vii) the Waste Avoidance and Resource Recovery Act 2001 , and

(b1) amounts payable to the Authority specified in notices given under section 34 of the Contaminated Land Management Act 1997 and section 28 of the Pesticides Act 1999 , and

(b2) any fees payable to the Authority under section 69SC of the Forestry Act 2012 , and

(b3) amounts ordered to be paid to the Authority under Division 3 of Part 13 of the Biodiversity Conservation Act 2016 and any costs of remediation work recovered by the Authority in connection with taking clean-up action or carrying out remediation work under Part 11 of that Act, and

(b4) amounts ordered to be paid into the Fund under the following--

(i) the Contaminated Land Management Act 1997 , section 95C,

(ii) the Pesticides Act 1999 , section 112C,

(iii) the Protection of the Environment Operations Act 1997 , section 251A,

(iv) the Protection from Harmful Radiation Act 1990 , section 27A, and

(c) the proceeds of the investment of money in the Fund, and

(d) any other money appropriated by Parliament for the purposes of the Fund or required or authorised by law to be paid into the Fund.

(4) There may be paid out of the Fund--

(a) any money required by the Authority for the purposes of carrying out any of its functions, and

(b) any money required to meet administrative expenses incurred in relation to the Fund (including any administrative expenses incurred in relation to the collection and recovery of amounts payable into the Fund), and

(c) any money required or authorised by law to be paid from the Fund.

(5) The Authority may invest money in the Fund--

(a) if the Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way that the Authority is permitted to invest money under that Part, or

(b) if the Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018 --in any way approved by the Treasurer.