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This is a Bill, not an Act. For current law, see the Acts databases.
Protection of the Environment
Operations Amendment
(Environmental Monitoring) Bill 2010
No , 2010
A Bill for
An Act to amend the Protection of the Environment Operations Act 1997 to make
provision in relation to programs to monitor the environmental impact of certain
licensed activities.
Protection of the Environment Operations Amendment (Environmental
Clause 1 Monitoring) Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Protection of the Environment Operations Amendment 3
(Environmental Monitoring) Act 2010. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Protection of the Environment Operations Amendment (Environmental
Monitoring) Bill 2010
Amendment of Protection of the Environment Operations Act 1997 No 156 Schedule 1
Schedule 1 Amendment of Protection of the 1
Environment Operations Act 1997 2
No 156 3
[1] Section 69 Conditions relating to schemes for economic measures and 4
environmental monitoring programs 5
Insert at the end of section 69 (c): 6
or 7
(d) environmental monitoring programs, 8
[2] Section 69 9
Omit "or 9.3B". Insert instead ", 9.3B or 9.3C". 10
[3] Part 9.3C 11
Insert after Part 9.3B: 12
Part 9.3C Environmental monitoring 13
295Y Environmental monitoring programs 14
(1) The EPA may, on its own initiative, and must, at the direction of 15
the Minister, investigate the need for a program (referred to in 16
this Part as an environmental monitoring program) to monitor 17
the impact on the environment and human health of activities or 18
works authorised or controlled by licences, including pollution 19
resulting from those activities or works. 20
(2) If, after completing an investigation, the EPA is satisfied that an 21
environmental monitoring program is required, it may develop 22
and implement such a program. 23
(3) If a proposed environmental monitoring program relates to 24
licensed activities or works within the portfolio responsibility of 25
the Minister for Primary Industries or the Minister for Transport, 26
the Minister is to consult with that Minister about the 27
development and implementation of the proposed program. 28
(4) The EPA may enter into an arrangement with a person or body in 29
respect of the exercise, by the person or body on behalf of the 30
EPA, of the EPA's functions in relation to an environmental 31
monitoring program. 32
(5) The regulations may make provision for or with respect to 33
environmental monitoring programs, including the requirements 34
for the EPA to review and report on any such program. 35
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Protection of the Environment Operations Amendment (Environmental
Monitoring) Bill 2010
Schedule 1 Amendment of Protection of the Environment Operations Act 1997 No 156
(6) The EPA is to obtain, and take into consideration, advice from 1
one or more independent persons or bodies with relevant 2
technical and health expertise as to the cost effectiveness of any 3
environmental monitoring program. 4
295Z Environmental monitoring levies 5
(1) The regulations may require a specified licence holder, or a 6
specified class of licence holders, to pay to the EPA a 7
contribution towards the costs of environmental monitoring 8
programs (referred to in this Part as an environmental 9
monitoring levy). 10
(2) The amount of the environmental monitoring levy (or the manner 11
in which it is to be calculated) and other matters concerning its 12
payment, including interest payable for late payment, are to be set 13
out in the regulations. 14
(3) An environmental monitoring levy is recoverable by the EPA as 15
a debt in a court of competent jurisdiction. 16
(4) For the purposes of this Part, the costs of environmental 17
monitoring programs include: 18
(a) the costs of investigating the need for, and the 19
development, implementation, operation and 20
administration of, environmental monitoring programs 21
(including any costs incurred by the EPA before the 22
commencement of this Part), and 23
(b) payments by the EPA for services provided by a person or 24
body exercising functions in relation to environmental 25
monitoring programs on behalf of the EPA. 26
295ZA Environmental Monitoring Fund 27
(1) There is to be established in the Special Deposits Account an 28
account called the Environmental Monitoring Fund (the Fund). 29
(2) Money in the Fund is under the control of the EPA and can be 30
expended by the EPA only for the purposes authorised by this 31
section. 32
(3) The following are to be paid into the Fund: 33
(a) any environmental monitoring levy paid by a licence 34
holder, 35
(b) money advanced by the Treasurer for payment into the 36
Fund, 37
(c) the proceeds of investment of money in the Fund, 38
Page 4
Protection of the Environment Operations Amendment (Environmental
Monitoring) Bill 2010
Amendment of Protection of the Environment Operations Act 1997 No 156 Schedule 1
(d) any gift or bequest of money for the purposes of the Fund, 1
(e) any other money appropriated by Parliament for the 2
purposes of the Fund or required by law to be paid into the 3
Fund. 4
(4) The following are to be paid out of the Fund: 5
(a) the costs of environmental monitoring programs, 6
(b) such other costs relating to environmental monitoring 7
programs as the EPA directs to be paid out of the Fund, 8
(c) the refund, in accordance with the regulations, of an 9
environmental monitoring levy paid by a licence holder. 10
(5) A separate account is to be established in the Fund for each 11
environmental monitoring program. 12
(6) The money in the Fund may be invested: 13
(a) in the manner authorised by the Public Authorities 14
(Financial Arrangements) Act 1987, or 15
(b) if that Act does not confer power on the EPA to invest the 16
money, in any other manner approved by the Treasurer. 17
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