New South Wales Consolidated Acts New South Wales Consolidated ActsNote--: The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
In this Act--
"activity" means an industrial, agricultural or commercial activity or an
activity of any other nature whatever (including the keeping of a substance or
an animal).
"air impurity" includes smoke, dust (including fly ash), cinders, solid
particles of any kind, gases, fumes, mists, odours and radioactive substances.
"air pollution" means the emission into the air of any air impurity.
"aircraft" includes a remotely piloted aircraft, an unmanned aircraft system
or a drone.
"appropriate regulatory authority" --see section 6.
"asbestos" has the same meaning as it has in Schedule 1.
"asbestos waste" has the same meaning as it has in Schedule 1.
"authorised officer" means a person appointed under Part 7.2 by an appropriate
regulatory authority.
"authorised officer" , for Chapter 5, Part 5.6AA--see section 144AD.
"CEO" means the Chief Executive Officer within the meaning of the Protection
of the Environment Administration Act 1991 .
"Chairperson" means the Chairperson within the meaning of the Protection of
the Environment Administration Act 1991 .
"chemical control order" has the same meaning as in section 296I(1).
"chemical use notice" has the same meaning as in section 296F(1).
"clean-up action" --
(a) in relation to a pollution incident--includes--(i) action to prevent, minimise, remove, disperse, destroy or mitigate pollution resulting or likely to result from the pollution incident, and(ii) ascertaining the nature and extent of the pollution incident and the actual or likely resulting pollution, and(iii) preparing and carrying out a remedial plan of action to deal with the pollution incident, and(iv) actions required to restore the environment to a state that is as close as possible to the state the environment was in immediately before the pollution incident, and(v) carrying out--(A) specified tests or environmental monitoring, and(B) action to facilitate testing by the appropriate regulatory authority, and(vi) giving the appropriate regulatory authority a specified test, monitoring or a report, and
(b) also includes action to remove or store the following--(i) waste disposed of on land unlawfully,(ii) chemicals,(iii) products or articles containing chemicals.
(a) to prevent, limit or regulate pollution (including any emission of noise), or
(b) to monitor or to give warning of pollution (including any emission of noise), or
(c) to give warning of any emission, leak, spill or other escape of substances causing pollution,and includes any apparatus or device that, though not so used, is or would, if properly maintained and operated, be capable (without modification) of being so used, but does not include any apparatus or device prescribed as excluded from this definition. An apparatus or device can be control equipment whether or not it is used for additional purposes or designed for other or additional purposes.
(a) land, air and water, and
(b) any layer of the atmosphere, and
(c) any organic or inorganic matter and any living organism, and
(d) human-made or modified structures and areas,and includes interacting natural ecosystems that include components referred to in paragraphs (a)-(c).
Note--: This definition follows that in the Protection of the Environment Administration Act 1991 .
(a) that causes or is likely to cause degradation of the land, resulting in actual or potential harm to the health or safety of human beings, animals or other terrestrial life or ecosystems, or actual or potential loss or property damage, that is not trivial, or
(b) that is of a prescribed nature, description or class or that does not comply with any standard prescribed in respect of that matter,but does not include placing in or on, or otherwise introducing into or onto, land any substance excluded from this definition by the regulations.
(a) a local council (being the council of an area under the Local Government Act 1993 ), or
(b) the Lord Howe Island Board in relation to Lord Howe Island, or
(c) the Environment Protection Authority in relation to the Western Division, except any part of the Western Division within the area of a local council, or
(d) an authority prescribed by the regulations for the purposes of this paragraph for any place not covered above, or
(e) an authority prescribed instead by the regulations for the purposes of this paragraph for any place wholly or partly covered above.
(a) that, by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances--(i) is harmful to (or is likely to be harmful to) a person who is outside the premises from which it is emitted, or(ii) interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or repose of a person who is outside the premises from which it is emitted, or
(b) that is of a level, nature, character or quality prescribed by the regulations or that is made at a time, or in other circumstances, prescribed by the regulations.
(a) that, by reason of its strength, nature, duration, character or quality, or the time at which it is emitted, or any other circumstances--(i) is harmful to (or is likely to be harmful to) a person who is outside the premises from which it is emitted, or(ii) interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or repose of a person who is outside the premises from which it is emitted, or
(b) that is of a strength, nature, duration, character or quality prescribed by the regulations or that is emitted at a time, or in other circumstances, prescribed by the regulations.
(a) water pollution, or
(b) air pollution, or
(c) noise pollution, or
(d) land pollution.
(a) a building or structure, or
(b) land or a place (whether enclosed or built on or not), or
(c) a mobile plant, vehicle, vessel or aircraft.
(a) a government department, or
(b) a statutory body representing the Crown, a State owned corporation or a local council, or
(c) a member of staff or other person who exercises functions on behalf of a public authority.
(a) a public place within the meaning of the Local Government Act 1993 , and
(b) a State forest or flora reserve within the meaning of the Forestry Act 2012 , and
(c) a national park, state conservation area, historic site, nature reserve, karst conservation reserve, regional park or Aboriginal area within the meaning of the National Parks and Wildlife Act 1974 , and
(d) a place that is open to the public, or is used by the public, whether or not on payment of money or other consideration, whether or not the place is ordinarily so open or used, and whether or not the public to whom the place is so open, or by whom the place is so used, consists only of a limited class of persons.
(a) while the premises are being used for the purposes to which the licence relates, or
(b) after the premises cease being used for the purpose to which the licence relates,or both.
(a) 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, and
(b) in relation to which the regulations expressly state that a resource recovery order is, or may be, made in relation to the exemption.
(a) sell by wholesale, retail, auction or tender, and
(b) barter or exchange, and
(c) supply for profit, and
(d) offer for sale, receive for sale, have in possession for sale or expose or exhibit for sale, and
(e) conduct negotiations for sale, and
(f) consign or deliver for sale, and
(g) cause or permit anything referred to above.
(a) describe the act, matter or thing, and
(b) specify a class of acts, matters or things.
(a) any substance (whether solid, liquid or gaseous) that is discharged, emitted or deposited in the environment in such volume, constituency or manner as to cause an alteration in the environment, or
(b) any discarded, rejected, unwanted, surplus or abandoned substance, or
(c) any otherwise discarded, rejected, unwanted, surplus or abandoned substance intended for sale or for recycling, processing, recovery or purification by a separate operation from that which produced the substance, or
(d) any processed, recycled, re-used or recovered substance produced wholly or partly from waste that is applied to land, or used as fuel, but only in the circumstances prescribed by the regulations, or
(e) any substance prescribed by the regulations to be waste.A substance is not precluded from being waste for the purposes of this Act merely because it is or may be processed, recycled, re-used or recovered.
(a) placing in or on, or otherwise introducing into or onto, waters (whether through an act or omission) any matter, whether solid, liquid or gaseous, so that the physical, chemical or biological condition of the waters is changed, or
(b) placing in or on, or otherwise introducing into or onto, the waters (whether through an act or omission) any refuse, litter, debris or other matter, whether solid or liquid or gaseous, so that the change in the condition of the waters or the refuse, litter, debris or other matter, either alone or together with any other refuse, litter, debris or matter present in the waters makes, or is likely to make, the waters unclean, noxious, poisonous or impure, detrimental to the health, safety, welfare or property of persons, undrinkable for farm animals, poisonous or harmful to aquatic life, animals, birds or fish in or around the waters or unsuitable for use in irrigation, or obstructs or interferes with, or is likely to obstruct or interfere with persons in the exercise or enjoyment of any right in relation to the waters, or
(c) placing in or on, or otherwise introducing into or onto, the waters (whether through an act or omission) any matter, whether solid, liquid or gaseous, that is of a prescribed nature, description or class or that does not comply with any standard prescribed in respect of that matter,and, without affecting the generality of the foregoing, includes--
(d) placing any matter (whether solid, liquid or gaseous) in a position where--(i) it falls, descends, is washed, is blown or percolates, or(ii) it is likely to fall, descend, be washed, be blown or percolate,into any waters, onto the dry bed of any waters, or into any drain, channel or gutter used or designed to receive or pass rainwater, floodwater or any water that is not polluted, or
(e) placing any such matter on the dry bed of any waters, or in any drain, channel or gutter used or designed to receive or pass rainwater, floodwater or any water that is not polluted,if the matter would, had it been placed in any waters, have polluted or have been likely to pollute those waters.
(a) any river, stream, lake, lagoon, swamp, wetlands, unconfined surface water, natural or artificial watercourse, dam or tidal waters (including the sea), or
(b) any water stored in artificial works, any water in water mains, water pipes or water channels, or any underground or artesian water.