New South Wales Repealed Regulations New South Wales Repealed RegulationsThis legislation has been repealed.
- Made under the Protection of the Environment Operations Act 1997
- As at 30 June 2009
- Reg 720 of 1998
TABLE OF PROVISIONS
CHAPTER 1 - PRELIMINARY
1. Name of Regulation
2. Commencement
3. Definitions
4. Notes
CHAPTER 2 - LICENSING
PART 2.1 - LICENCE FEES
Division 1 - Preliminary
5. Definitions
6. Fee units
7. Licence fee period
7A. Changes in licence fee period
Division 2 - Licence fees generally
8. Types of licence fees
9. Initial basis for determining licence fees
10. The main elements of licence fees
11. Licence fees prescribed for purposes of Act
Division 3 - Administrative fees
12. Administrative fees generally
13. Licences relating to more than one activity
14. Refunds--application fees
15. Refunds and waivers--annual licence fees
Division 4 - Load-based fees
16. Object of this Division
17. Factors relevant to determination of load-based fee
17A. Calculation of load-based fees in relation to nitrogen oxides and VOCs discharged from premises in Sydney basin area in summer
18. Determination of assessable loads of assessable pollutants
19. Determination of load-based fee where insufficient information provided by licensee
20. Pollutant weightings
21. Pollutant critical zone weightings
22. Calculation of fee rate thresholds for assessable pollutants
23. Calculation of load-based fee
24. Refunds--errors in calculations
Division 5 - Load reduction agreements and fee reductions
24A. Definitions
25. Load reduction agreements and fee reductions
25A. Effect of transfer of licences on load reduction agreements
26. Content of load reduction agreements
27. Calculation of reduction
28. Termination of agreement
28A. Liability of licensee on expiration of agreement
28B. Amounts payable on termination or expiration
28C. When amounts must be paid
Division 6 - Time for payment of licence fees and penalties for late payment
29. Administrative fee--time for payment
30. Penalty for late payment of administrative fee
31. Load-based fee--time for payment
32. Penalty for late payment of load-based fee
Division 7 - Change in activity classification or scale during licence fee period
33. Application of this Division
34. Adjustment of administrative fee
35. Adjustment of load-based fee
Division 8 - Economic measures with respect to licence fees
36. Application
37. Aggregation of licences for purpose of payment of licence fees--"bubble licence arrangements"
Division 9 - Additional fee for special licences for transitional period
38. Application and definition
39. Additional fee payable
PART 2.2 - LOAD-BASED LICENSING TECHNICAL REVIEW PANEL
40. Constitution of Review Panel
41. Members of Review Panel
42. Functions of Review Panel
43. Membership and procedure of Review Panel
PART 2.3 - MISCELLANEOUS LICENSING PROVISIONS
43A. Additional matters included in definition of "scheduled development work" for which licence required
44. Commencement of licensing requirement for existing activities not previously required to be licensed: sec 52 (1)
45. Exclusion of Part 5 of EPA Act: sec 52 (2)
46. Matters to be set out in statement of reasons for grant or refusal of licence applications: secs 61 (2) (b), 80 (2A) (b)
47. Offence of providing false information
48. Transfer of licences
49. Refusal of certain licence applications
49A. Other relevant legislation: sec 83
49B. Protection of the Environment Operations (General) Amendment (Licensing Fees) Regulation 2007--transitional provisions
50. Application of payments
51. Preservation of records
CHAPTER 3 - WATER POLLUTION
52. Prescribed matter for the definition of "water pollution" in Dictionary
53. Methodology for testing for matter in waters
54. Exemption from water pollution offence for pollutants discharged from Victorian premises into River Murray
55. Exemption from water pollution offence for pollutants discharged into sewer
55A. Exemption from water pollution offence in relation to certified on-board sewage treatment systems
56. Exemption from water pollution offence for pollutants arising from operation of engines propelling vessels
56A. Exemption from water pollution offence in relation to cold water releases
57. Emergency prohibition or regulation of aquatic activities--safety of drinking water
CHAPTER 3A - NATIONAL POLLUTANT INVENTORY
PART 3A.1 - GENERAL
57A. Object of Chapter
57B. Interpretation
57C. Occupiers to whom this Chapter applies
PART 3A.2 - REPORTING AND RECORD KEEPING REQUIREMENTS
57D. Collection of data from reporting facilities
57E. Occupier must keep data for period of 4 years
PART 3A.3 - ESTIMATION TECHNIQUES
57F. Emission estimation techniques
57G. Application for approval of estimation technique
57H. Approving estimation technique
PART 3A.4 - EXEMPTIONS FROM REPORTING REQUIREMENTS
57I. Exemption on ground of national security
57J. Claiming exemption on ground of commercial confidentiality
57K. Deciding claim for exemption on ground of commercial confidentiality
CHAPTER 3B - BURNING OF BIO-MATERIAL IN ELECTRICITY GENERATING WORKS
57L. Definitions
57M. Native forest bio-material not to be used for electricity generation
57N. Record-keeping
57O. Reports to be made publicly available
57P. Offence of providing false information
57Q. EPA guidelines
57R. Appropriate regulatory authority
CHAPTER 3C - LAND POLLUTION
57S. Meaning of certain expressions
CHAPTER 3D - GREEN OFFSETS
57T. Evaluation of green offset schemes or works
CHAPTER 4 - GENERAL PROVISIONS
PART 4.1 - POLICE ENTRY POWERS REGARDING NOISE
58. Warrants relating to noise abatement directions
PART 4.2 - APPEALS
59. Appeals regarding noise: sec 290
PART 4.3 - FEES RELATING TO ENVIRONMENT PROTECTION NOTICES AND NOISE CONTROL NOTICES
60. Fee for administrative costs of preparing and giving clean-up notice: sec 94 (2)
61. Fee for administrative costs of preparing and giving prevention notice: sec 100 (2)
61A. Fee for administrative costs of preparing and giving noise control notice
PART 4.4 - FINANCIAL ASSURANCES
62. Additional restriction on requiring financial assurances: sec 299 (d)
PART 4.5 - PUBLIC REGISTER
63. Additional matters to be included in public register: sec 308
PART 4.6 - APPROPRIATE REGULATORY AUTHORITY
64. Marine Parks Authority
64A. Waterways Authority
64B. Director-General of National Parks and Wildlife
65. SOCOG
66. Inner West Light Rail
67. Outdoor entertainment activities
67A. Underground petroleum storage systems
67B. Existing waste activities
PART 4.7 - EXCEPTIONS
68. Exception from prohibition on placing advertising material on vehicles: section 146B (3) (b)
69. Exemption for noise control and abatement provisions
PART 4.8 - VEHICLE TESTING AND INSPECTION
Division 1 - Preliminary
70. Definitions
71. Application of Part
Division 2 - Approved mechanics and approved inspection stations
72. Approved mechanics
73. Approved inspection stations
74. Maximum fee for test or inspection
75. Vehicle inspection reports
76. Variation of approvals under this Part
77. Surrender of approvals under this Part
78. Suspension or revocation of approvals under this Part
PART 4.9 - SAVINGS AND TRANSITIONAL PROVISIONS
79. Definitions
80. Pending applications
81. Existing licences
82. Changes of classification
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5