New South Wales Repealed Regulations

This legislation has been repealed.

PROTECTION OF THE ENVIRONMENT OPERATIONS (CLEAN AIR) REGULATION 2021 - REG 33

33 General grouping of activities and plant

(1) Subject to this Division, an activity carried out, or plant operated, on scheduled premises--

(a) belongs to
"Group 1" if--

(i) it commenced to be carried on, or to operate, before 1 January 1972, or

(ii) it commenced to be carried on, or to operate, on or after 1 January 1972 as a result of a pollution control approval granted under the Pollution Control Act 1970 pursuant to an application made before 1 January 1972, or

(b) belongs to
"Group 2" if it commenced to be carried on, or to operate, on or after 1 January 1972 as a result of a pollution control approval granted under the Pollution Control Act 1970 pursuant to an application made on or after 1 January 1972 and before 1 July 1979, or

(c) belongs to
"Group 3" if it commenced to be carried on, or to operate, on or after 1 July 1979 as a result of a pollution control approval granted under the Pollution Control Act 1970 pursuant to an application made on or after 1 July 1979 and before 1 July 1986, or

(d) belongs to
"Group 4" if it commenced to be carried on, or to operate, on or after 1 July 1986 as a result of a pollution control approval granted under the Pollution Control Act 1970 pursuant to an application made on or after 1 July 1986 and before 1 August 1997, or

(e) belongs to
"Group 5" if it commenced to be carried on, or to operate, on or after 1 August 1997 as a result of--

(i) a pollution control approval granted under the Pollution Control Act 1970 pursuant to an application made on or after 1 August 1997 and before 1 July 1999, or

(ii) an environment protection licence granted under the Protection of the Environment Operations Act 1997 pursuant to an application made on or after 1 July 1999 and before 1 September 2005, or

(f) belongs to
"Group 6" if it commenced to be carried on, or to operate, on or after 1 September 2005, as a result of an environment protection licence granted under the Protection of the Environment Operations Act 1997 pursuant to an application made on or after 1 September 2005.

(2) Any activity or plant that would, but for this subclause, belong to Group 6 is taken to belong to Group 5 if it is the subject of a development consent in respect of which the EPA had given general terms of approval, within the meaning of section 4.50 of the Environmental Planning and Assessment Act 1979 , before 1 September 2005.