New South Wales Repealed Regulations

This legislation has been repealed.

PROTECTION OF THE ENVIRONMENT OPERATIONS (CLEAN AIR) REGULATION 2021 - REG 38

38 Determination of application for variation of licence

(1) In determining an application to vary the conditions of a licence for any activity or plant for the purposes of clause 34, 35 or 36, the EPA must consider the impact on local and regional air quality and amenity of a decision to grant the application, having regard to--

(a) any pollution reduction programs that have been established, or that the holder of the licence has agreed to establish, in relation to the activity or plant, and

(b) any control equipment that has been installed, or that the holder of the licence has agreed to install, in relation to the activity or plant, and

(c) any load reduction agreement that has been entered into between the EPA and the applicant under Division 4 of Part 1 of Chapter 2 of the Protection of the Environment Operations (General) Regulation 2021 , and

(d) the principles of ecologically sustainable development set out in section 6(2) of the Protection of the Environment Administration Act 1991 , and

(e) such other matters as are relevant.

(2) A statement referred to in clause 34(3), 35(2) or 36(2) that is included in the conditions of the licence for any activity, plant or emission unit pursuant to an application made in accordance with clause 37 may not state that the activity or plant belongs to a Group with a lower number than that of the Group to which the activity or plant previously belonged.

(3) Nothing in this clause prevents the EPA, when granting an application to vary the conditions of a licence under this clause, from including other conditions in the licence, including conditions imposing more stringent standards of concentration than those applicable to the Group to which the activity or plant will belong as a consequence of the variation.

Note--: Refusal of an application to vary the conditions of a licence may be appealed under section 287 of the Act. In this regard, an application is taken to have been refused if it is not granted within 60 days after it is duly made.