New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 284

284 Exemptions by EPA in emergencies and other situations

(1) Exemptions The EPA may exempt any person or class of persons from any specified provision or provisions of this Act or the regulations, in the circumstances referred to in subsection (2).

(2) Situations where exemptions may be granted An exemption may be granted in--

(a) an emergency (including, for example, fires, floods and fuel shortages), or

(b) circumstances where--

(i) the EPA is satisfied that it is not practicable to comply with the relevant provision or provisions, by implementing operational changes to plant or practices, and

(ii) the EPA is satisfied that non-compliance with the provision or provisions will not have any significant adverse effect on public health, property or the environment, and

(iii) the Board of the EPA approves the granting of the exemption, or

(c) circumstances prescribed by the regulations.

(3) Applications If the regulations prescribe the manner in which an exemption is to be applied for, the exemption must be applied for in that manner.

(4) Publication and commencement An exemption--

(a) is effected by order made by the EPA and published in the Gazette, and

(b) takes effect from the date the order is published in the Gazette or a later date specified in the order, and

(c) has effect for the period specified in the order.

(5) Emergency exemption In the case of an exemption granted in an emergency, the order may take effect when it is made or on a later date specified in the order. The order is to be published in the Gazette as soon as practicable after it is made.

(6) Conditions An exemption may be unconditional or may be subject to conditions specified in the order.

(7) Revocation, variation or renewal An exemption may be revoked, varied or renewed by a further order made and published in accordance with this section.

(8) Term An exemption may not be granted or renewed so as to have effect for a total period exceeding 5 years. A further exemption granted within 5 years after the expiry of an earlier exemption (being a further exemption that is the same in substance as the earlier exemption) is to be treated as a renewed exemption for the purposes of this subsection.

(9) Reasons for exemption If an exemption is granted, any person may make a written request to the EPA for the reasons for the exemption and the EPA is to provide a written statement of the reasons to the person. The regulations may make provision with respect to any such statement of reasons, including--

(a) the time within which a request for reasons must be made or within which the statement of reasons must be provided, and

(b) the matters to be set out in a statement of reasons, and

(c) the cases in which a statement of reasons is not required to be provided.