New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 295C

295C Regulations relating to tradeable emission schemes

(1) The regulations may make provision for or with respect to tradeable emission schemes, including provision for or with respect to any of the elements referred to in section 295B.

(2) A tradeable emission scheme regulation is not repealed by the operation of Part 3 of the Subordinate Legislation Act 1989 .

(3) A tradeable emission scheme regulation may be periodically reviewed by the Minister, in accordance with a timetable set out in the regulation. Any such review must include a review of the operation of the elements of the scheme referred to in section 295B (2).

(4) The Minister is to ensure that the public is given an opportunity to make submissions with respect to the review, and that any submissions with respect to the review that are received within the period allowed for the receipt of submissions are appropriately considered.

(5) In order to give the public an opportunity to make submissions with respect to the review, the Minister must--

(a) cause notice of the review to be published in the Gazette and in such other manner as the Minister is satisfied is likely to bring the notice to the attention of members of the public generally or in the locality in which the scheme operates, and

(b) in that notice, invite the public to make submissions with respect to the review, and

(c) allow a period of not less than 21 days for the receipt of those submissions.

(6) For the purposes of this section, a
"tradeable emission scheme regulation" is a regulation that contains only the following provisions--

(a) provisions that relate to a tradeable emission scheme (including any ancillary, consequential, savings or transitional provisions), and

(b) provisions that deal with the citation and commencement of the regulation, or other provisions of a machinery nature.

(7) This section does not limit the generality of section 295.