New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Schedule--
"commencement of this Act" means, if this Act commences on different days, the
day on which the relevant provision of this Act commences.
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--this ActPesticides Act 1999Protection of the Environment Operations Amendment (Littering) Act 2000Protection of the Environment Operations Amendment (Tradeable Emission Schemes) Act 2000Waste Avoidance and Resource Recovery Act 2001Environment Protection Legislation Amendment Act 2002 (but only to the extent to which it amends this Act or regulations under this Act)Protection of the Environment Operations Amendment Act 2005 --to the extent it amends this ActProtection of the Environment Legislation Amendment Act 2011 --to the extent it amends this Actany other Act that amends this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
A protection of the environment policy extends (subject to the terms of the policy) to impacts on the environment caused before the commencement of this Act.
A licence issued under any Act, or provision of any Act, repealed by this Act is taken to be a licence issued under this Act, subject to the regulations under this Schedule.
An application for or in respect of a licence or other approval under any Act, or provision of any Act, repealed by this Act is taken to be an application for or in respect of a corresponding licence or other approval under this Act, subject to the regulations under this Schedule.
For the purposes of section 78, the first review under this Act of a licence that is in force on the commencement of that section is to be undertaken (subject to the regulations under this Schedule) within 3 years after that commencement.
An environment protection notice may be issued--
(a) in the case of a clean-up notice--for pollution incidents occurring before as well as after the commencement of this Act, or
(b) in the case of a prevention notice--for activities carried on before as well as after the commencement of this Act, or
(c) in the case of prohibition notices--for the emission or discharge of pollutants after the commencement of this Act.
A person appointed or authorised as an authorised officer under an Act or provision of an Act repealed by this Act and holding office on that repeal is taken to be appointed as an authorised officer under this Act, subject to the regulations under this Schedule.
The regulations under this Schedule may extend Chapter 8 (with modifications, if any) to proceedings in connection with any Act or regulation repealed by this Act (in respect of offences committed against the Act or regulation before its repeal or in respect of any other matter that continues to have any force or effect). Those regulations may also make provision for the continued operation of any such repealed Act or regulation to those proceedings. In this clause, a reference to a repealed Act or regulation includes a reference to a repealed provision of an Act or regulation.
(1) A regulation made under an Act repealed by this Act is, on that repeal, taken to be a regulation made under this Act to the extent that it may be made under this Act.
(2) For the purposes of Part 3 of the Subordinate Legislation Act 1989 , any such regulation made under the Clean Waters Act 1970 or the Pollution Control Act 1970 is taken to have been published on the repeal of that Act.
(3) Until the end of the period of 3 years after the repeal of any Act by this Act, regulations may be made under this Act for or with respect to any matter that could have been prescribed by regulations under that Act (but for its repeal).
(4) In this clause, a reference to the repeal of an Act by this Act includes a reference to the repeal of a provision of the Waste Minimisation and Management Act 1995 by this Act.
(1) This clause applies only if the substitution of Part 4 of the Environmental Planning and Assessment Act 1979 (the EPA Act) by Schedule 1 to the Environmental Planning and Assessment Amendment Act 1997 has not commenced before the commencement of this Act, and so applies only until the commencement of the Schedule.
(2) The consent authority under the EPA Act must forward a copy of a development application referred to in section 77 (3) of the EPA Act (and the documents that accompany the application) to the EPA, within 7 days of receiving the application, if the application is in respect of a scheduled activity.
(3) The EPA is required to inform the consent authority under the EPA Act of the following within 30 days after receiving the copy of that development application--(a) advice on the environment protection issues raised by the development application,(b) advice on whether an application for an environment protection licence for the scheduled activity concerned is likely to be granted or refused.Advice referred to in paragraph (b) need not be given if the EPA has insufficient information or time available to provide that advice.
(4) The consent authority is required to take any such advice into consideration when determining the development application concerned.
(5) The consent authority under the EPA Act must, at the time referred to in section 87 of that Act, also forward copies of the submissions referred to in that section to the EPA if the application for development consent is in respect of a scheduled activity.
A notice, direction, order, requirement or exemption given, issued or made under an Act, or a provision of an Act, repealed by this Act and in force on that repeal continues to have effect to the extent provided by the regulations under this Schedule.
Any thing done under an Act or a provision of an Act repealed by this Act that has any force or effect immediately before its repeal is taken to have been done under the corresponding provision of this Act, subject to any express or implied provision to the contrary in this Act or the regulations made under this Act.
(1) A notice, direction or requirement that--(a) was made, issued or given under this Act by the EPA in its capacity as appropriate regulatory authority because of section 6 (2) (c) as in force before the commencement of the amendment to section 6 (2) made by the Protection of the Environment Operations Amendment (Littering) Act 2000 (or by an authorised officer of the EPA), and(b) was made, issued or given under this Act before that commencement, and(c) is in force on that commencement, and(d) is not excluded from the operation of this clause by the regulations,continues to have effect for the purposes of this Act.
(2) Any such notice, direction or requirement may be dealt with and enforced in accordance with this Act as in force before that commencement, as if the EPA were still the appropriate regulatory authority.
(3) A compliance cost notice may be given, dealt with and enforced after that commencement in connection with any such notice, direction or requirement, as if the EPA were still the appropriate regulatory authority.
(1) A notice, direction or requirement that--(a) purported to have been made, issued or given under this Act by a local authority as appropriate regulatory authority before the commencement of the amendment to section 6 (2) made by the Protection of the Environment Operations Amendment (Littering) Act 2000 (or by an authorised officer of the local authority), and(b) was not validly made, issued or given, but would have been validly made, issued or given had that amendment been in force when it purported to have been made, issued or given, and(c) is not excluded from the operation of this clause by the regulations,is taken to have been validly made, issued or given under this Act at the time at which it purported to have been made, issued or given and to be valid at all relevant times since.
(2) Any such notice, direction or requirement may be dealt with and enforced in accordance with this Act, as if the local authority had always been the appropriate regulatory authority.
(3) A compliance cost notice may be given, dealt with and enforced after that commencement in connection with any such notice, direction or requirement, as if the local authority had always been the appropriate regulatory authority.
(4) Any proceedings purporting to be instituted by a local authority (or by an officer or employee of the local authority) before the commencement of the amendments to sections 6 (2) and 218 (6) made by the Protection of the Environment Operations Amendment (Littering) Act 2000 for an offence committed in relation to premises occupied by the State or by a public authority are taken to have been validly instituted.
Section 293 (6) continues to apply in respect of any loss incurred before the repeal of that subsection by the Protection of the Environment Operations Amendment (Tradeable Emission Schemes) Act 2000 , as if that subsection had not been repealed by that Act.
In this Part--
"2002 amending Act" means the Environment Protection Legislation Amendment
Act 2002 .
(1) Section 66 (2A), as inserted by the 2002 amending Act, applies to information provided under a licence condition before its commencement.
(2) A licence condition of a kind referred to in section 66 (2A), as inserted by the 2002 amending Act, being a condition imposed before the commencement of section 66 (2A), is, for the purposes of section 66, taken to have been imposed under section 66 (2A).
Section 80, and the definition of
"licence application" in the Dictionary, as amended by the 2002 amending Act,
do not apply to or in respect of any application for the approval of the
surrender of a licence made before the commencement of this clause.
(1) Section 189, as amended by the 2002 amending Act, does not apply to an enforcement officer or the authority that appointed the enforcement officer for a period of 6 months commencing on the commencement of the amendment.
(2) It is sufficient compliance with section 189 (2), as amended by the 2002 amending Act, if an enforcement officer (acting in the capacity of an enforcement officer) who was, immediately before the commencement of the amendment of that section by the 2002 amending Act, an authorised officer produces the person's identification card as an authorised officer.
Sections 212C and 212D, as inserted by the 2002 amending Act, apply to or in respect of a function exercised by an authority or an authorised officer before those sections commenced except where the exercise of the function relates to an offence for which proceedings commenced before that commencement.
The provisions of section 219 (1A) and (1B), as inserted by the 2002 amending Act, do not apply to or in respect of an offence arising out of an act or omission that occurred before the commencement of those provisions if proceedings for the offence are commenced before that commencement.
Section 242, as inserted by the 2002 amending Act, applies to or in respect of an offence arising out of a contravention of a requirement made before the commencement of that section if proceedings for the offence are commenced on or after that commencement.
The provisions of section 287 (3)-(6), as inserted by the 2002 amending Act, do not apply to or in respect of licence applications made before the commencement of those provisions.
Section 319A, as inserted by the 2002 amending Act, does not apply to or in respect of a notice issued before the commencement of that section.
Fees relating to any surrendered licence (including a licence that was surrendered before the repeal of section 80 (3) by the Statute Law (Miscellaneous Provisions) Act 2004 ) may be refunded or waived in accordance with this Act and the regulations.
In this Part--
"amending Act" means the Protection of the Environment Operations Amendment
Act 2005 .
(1) This clause applies to licences in force at the commencement of the amendment to section 78 (1) by the amending Act, being licences that had been reviewed under that section before that commencement.
(2) A licence is to be reviewed under section 78 not later than 5 years after the date of the last review before that commencement and, after that, at intervals not exceeding 5 years after each review.
Sections 84 (2), 86 (2), 99 (1), 267 (1) and 271 (1), as substituted by the amending Act, and sections 86 (2A), 287 (1A), 288 (2), 289 (1A) and 290 (1A), as inserted by the amending Act, apply only to appeals in respect of which a decision was made, a notice was issued or an order was made after the commencement of those subsections.
(1) Section 107 (8), as inserted by the amending Act, applies only where a compliance cost notice is issued after the commencement of that subsection (whether or not the compliance cost notice relates to costs and expenses incurred before that commencement).
(2) Section 237A, as inserted by the amending Act, applies only where the restraining order to which the charge relates was made after the commencement of that section (whether or not the restraining order relates to proceedings commenced before that commencement).
(3) Section 237B, as inserted by the amending Act, applies only where the restraining order to which the caveat relates was made after the commencement of that section (whether or not the restraining order relates to proceedings commenced before that commencement).
(4) Sections 267A and 267B, as inserted by the amending Act, apply only where the noise control notice is issued after the commencement of those sections.
Any proceedings instituted under section 217 or 218 by an agent of, or a person appointed by, an appropriate regulatory authority or any other authority or person before the commencement of section 218A are as valid as they would have been if instituted after that commencement.
Section 319A, as amended by the amending Act, extends to conditions of a licence in force on the commencement of the amendments.
Section 323 (5A), as inserted by the amending Act, extends to a condition that was attached to a licence before the commencement of that subsection.
(1) Subject to subclause (2), the obligation under section 66 (6) to publish results of monitoring does not apply to any monitoring conducted before the commencement of that subsection.
(2) A person who held an environment protection licence immediately before the commencement of section 66 (6) does not commit an offence under that subsection during the first 3 months after that commencement.
A person who held an environment protection licence immediately before the commencement of Part 5.7A does not commit an offence under that Part during the first 6 months after that commencement.
The obligation to include matter on the public register--
(a) created by section 308 (2) (d1) applies only to mandatory environmental audits undertaken after the commencement of that paragraph, and
(b) created by section 308 (2) (d2) applies only to pollution studies undertaken after the commencement of that paragraph, and
(c) created by section 308 (2) (d3) applies only to pollution reduction programs undertaken after the commencement of that paragraph, and
(d) created by section 308 (2) (j1) applies only to penalty notices issued after the commencement of that paragraph.
In this Part--
"amending Act" means the Protection of the Environment Legislation Amendment
Act 2014 .
(1) Section 250, as amended by the amending Act, extends to proceedings that were initiated, but not determined, before the commencement of the amendment to that section.
(2) Proceedings are not determined for the purposes of subclause (1) even if all that remains to be completed is the sentencing of an offender.
Section 287 (1A), as in force before its substitution by the amending Act, continues to apply to appeals lodged before that substitution.
In this Part--
"amending Act" means the Protection of the Environment Legislation
Miscellaneous Amendments Act 2017 .
(1) A licence to transport trackable waste that was issued before the commencement of Part 3.6A of this Act, as inserted by the amending Act, expires--(a) if both a licence to transport trackable waste and a dangerous goods vehicle licence are in force in respect of the same motor vehicle--(i) at the end of the licence fee period that comes to an end immediately following the commencement of Part 3.6A, or(ii) on the date specified in the dangerous goods vehicle licence,whichever is the later, or(b) in all other cases--at the end of the licence fee period that comes to an end immediately following the commencement of Part 3.6A.
(2) In this clause--
"dangerous goods vehicle licence" means a licence for a road vehicle to transport dangerous goods issued under Division 4 of Part 18 of the Dangerous Goods (Road and Rail Transport) Regulation 2014 .
"licence fee period" means each period of 12 months commencing from the issue of a licence to transport trackable waste.
"licence to transport trackable waste" means a licence to carry out any scheduled activity that involves the transportation of trackable waste.
A supervisory licence held under section 87 immediately before the repeal of that section by the amending Act ceases to be in force on the repeal of that section.
The amendment to section 216 (6) by the amending Act extends to offences under section 120 or 144AB that are alleged to have been committed before the date of commencement of the amendment, but only if proceedings for the offence could have been commenced on that date.
The amendment to section 216 (6) by the Statute Law (Miscellaneous Provisions) Act (No 2) 2017 extends to offences arising under section 169A or 169B that are alleged to have been committed before the date of commencement of the amendment, but only if proceedings for the offence could have been commenced on that date.
Any licence under this Act authorising the carrying out of an activity referred to in clause 24 of Schedule 1 to this Act and in force immediately before the repeal of that clause by the Forestry Legislation Amendment Act 2018 is, on that repeal, revoked.
The repeal of clause 24 of Schedule 1 to this Act by the Forestry Legislation Amendment Act 2018 does not affect the continued operation of an environment protection notice in force on that repeal and that was issued in connection with the carrying out of an activity referred to in that clause.
In this Part--
"amended" , in relation to a provision, means the provision as in force on and
from the date this clause commences.
(1) Amended section 91 extends to pollution incidents that occurred, or were occurring, before the date this clause commences.
(2) A reference in section 91A(1) to a previous clean-up notice extends to a clean-up notice given before the date this clause commences.
A reference in section 96A(1) to a previous prevention notice extends to a prevention notice given before the date this clause commences.
(1) Amended section 101 extends to activities in relation to which the EPA has, before the date this clause commences, recommended to the Minister that notice be given under section 101.
(2) A reference in section 101A(1) to a prohibition notice extends to a prohibition notice given before the date this clause commences.
Amended section 230 extends to proceedings commenced, but not finally determined, before the date this clause commences.
In this part--
"environmentally hazardous chemical licence" means a licence within the
meaning of the Environmentally Hazardous Chemicals Act 1985 , as in force
immediately before its repeal.
"repealed Act" means the Environmentally Hazardous Chemicals Act 1985 .
(1) The repeal of the repealed Act does not affect the continued operation of a chemical control order.
(2) On the repeal of the repealed Act, each declared chemical waste is taken to be an environmentally hazardous chemical under this Act.
(3) In this clause--
"chemical control order" means an order in force under the repealed Act, section 22 or 23, immediately before its repeal.
"declared chemical waste" means a substance the subject of an order in force under the repealed Act, section 10, immediately before its repeal.
(1) An application for an environmentally hazardous chemical licence made under the repealed Act, but not yet determined on the commencement of this clause, must be determined as if it were an application for an environment protection licence under section 53.
(2) An application for the transfer of an environmentally hazardous chemical licence made under the repealed Act, but not yet determined on the commencement of this clause, must be determined as if it were an application for the transfer of an environment protection licence under section 54.
(3) A fee paid in relation to an application referred to in subsections (1) and (2) is taken to be a fee paid in relation to the application under this Act.
(1) An environmentally hazardous chemical licence in force immediately before the repeal of the repealed Act is taken to be an environment protection licence issued under this Act (a
"converted licence" ).
(2) A converted licence is subject to the same conditions, and authorises the same activities, as the environmentally hazardous chemical licence.
(3) The appropriate regulatory authority may reissue a converted licence to vary the conditions of the licence in accordance with section 58.
(4) A converted licence remains in force, unless sooner surrendered, suspended or revoked, until the end of the period that the environmentally hazardous chemical licence would have remained in force if the licence had not been converted under this clause.
(5) The holder of a converted licence does not commit an offence under section 153A if, no later than 3 months after the commencement of this clause, the holder prepares a pollution incident response management plan that complies with Part 5.7A in relation to the activity to which the licence relates.
(6) Section 57 does not apply to a converted licence.
(1) An application for an assessment of technology made under the repealed Act, but not yet determined on the commencement of this clause, must be determined as if it were an application for an assessment of technology under section 296N.
(2) A fee paid in relation to an application referred to in subsection (1) is taken to be a fee paid in relation to the application under this Act.
In this part--
"amendment Act" means the Environment Protection Legislation Amendment
(Stronger Regulation and Penalties) Act 2024 .
Section 79, as amended by the amendment Act, applies in relation to a contravention of this Act or the regulations that occurred before the commencement of the amendment Act, Schedule 9[11[#93].
Part 4.1A, as inserted by the amendment Act, applies in relation to circumstances or a pollution incident that occurred before the commencement of the amendment Act, Schedule 9[14[#93] in the same way as if the circumstances or pollution incident occurred on or after the commencement of the item.
Part 4.2A, as inserted by the amendment Act, applies in relation to a ground mentioned in section 94B that occurred before the commencement of the amendment Act, Schedule 9[18[#93] in the same way as if the ground occurred on or after the commencement of the item.
Sections 110(2) and 212A(2), as substituted by the amendment Act, apply to a notice issued before the commencement of the amendment Act, Schedule 9[21[#93] and [51[#93] and in force immediately before the commencement of the items.
Section 113, as amended by the amendment Act, applies to a test, environmental monitoring or a report lodged with an appropriate regulatory authority in the same way as if the test, monitoring or report were lodged on or after the commencement of the amendment Act, Schedule 9[25[#93] and [26[#93].
Part 5.6AA, as inserted by the amendment Act, applies in relation to litter or waste deposited before the commencement of the amendment Act, Schedule 9[40[#93] in the same way as if the litter or waste were deposited on or after the commencement of the item.
Section 145A, as substituted by the amendment Act, applies in relation to litter deposited before the commencement of the amendment Act, Schedule 9[42[#93] in the same way as if the litter were deposited on or after the commencement of the item.
Section 167B, as amended by the amendment Act, applies to proceedings commenced but not finally determined before the commencement of the amendment Act, Schedule 9[45[#93].
(1) Previous sections 181-183 continue to apply to documents referred to in section 181 in relation to proceedings commenced but not finally determined before the commencement of the amendment Act, Schedule 9[47[#93].
(2) Previous sections 181-183 do not apply to documents prepared before the commencement of the item in relation to proceedings commenced on or after the commencement of the item.
(3) In this clause--
"previous sections 181-183" means sections 181-183 as in force immediately before the repeal of the sections by the amendment Act.
(1) This clause applies if, on or after the commencement of the amendment Act, Schedule 9[49[#93], an authorised officer lawfully enters premises under section 198(1).
(2) The power of the authorised officer to seize a thing, in accordance with section 198(2)(h) as substituted by the amendment Act, extends to a thing--(a) connected with an offence alleged to have been committed before the commencement of the amendment Act, Schedule 9[49[#93], or(b) that may present a risk of harm that arose before the commencement of the item.
Section 215, as amended by the amendment Act, applies to proceedings commenced but not finally determined before the commencement of the amendment Act, Schedule 9[52[#93].
Section 216A, as inserted by the amendment Act, extends to contraventions arising out of circumstances that occurred, or the carrying out of an activity, before the commencement of the amendment Act, Schedule 9[53[#93] if proceedings in relation to the contraventions had not commenced before the commencement of the item.
Sections 249, 250A, 251A(4) and (4A) and 253B, as amended, inserted or substituted by the amendment Act, apply to proceedings commenced but not finally determined before the commencement of the amendment Act, Schedule 9[57[#93]-[61[#93].
Sections 262 and 262A, as substituted or inserted by the amendment Act, apply to proceedings commenced but not finally determined before the commencement of the amendment Act, Schedule 9[66[#93].
(1) This clause applies to a resource recovery order issued under a regulation under this Act before the commencement of the amendment Act, Schedule 9[84[#93].
(2) The resource recovery order is, from the commencement of the item, taken to be a resource recovery order issued under section 286A.
(3) Without limiting subclause (2), a reference in the following to a resource recovery order made under a regulation under this Act is taken, from the commencement of the item, to be a reference to a resource recovery order issued under section 286A--(a) environment protection legislation,(b) another Act or regulation or an instrument under another Act or regulation,(c) the NSW Energy from Waste Policy Statement dated June 2021 and published in the Gazette on 8 July 2022,(d) the Eligible Waste Fuels Guidelines dated June 2022 and published in the Gazette on 8 July 2022.
(1) This clause applies to an exemption by, or provided for in, regulations made under section 286 from provisions of this Act or the regulations in relation to an activity, or class of activities, relating to waste that was in force immediately before the commencement of the amendment Act, Schedule 9[84[#93].
(2) The exemption is, from the commencement of the item, taken to be a resource recovery exemption within the meaning of Schedule 6.
Sections 286B and 286C, as inserted by the amendment Act, extend to--
(a) a resource recovery exemption or order in force immediately before the commencement of the amendment Act, Schedule 9[68[#93], and
(b) information or records in existence before the commencement of the item.
Section 319B, as inserted by the amendment Act, applies in relation to conduct that occurred before the commencement of the amendment Act, Schedule 9[69[#93] in the same way as if the conduct occurred on or after the commencement of the item.