PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - As at 3 April 2024 - Act 156 of 1997
PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997
- As at 3 April 2024
- Act 156 of 1997
TABLE OF PROVISIONS
Long Title
CHAPTER 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Objects of Act
4. Definitions
5. Scheduled activities
6. Appropriate regulatory authority
7. General relationship with other Acts
8. Notes
CHAPTER 2 - PROTECTION OF THE ENVIRONMENT POLICIES
PART 2.1 - INTRODUCTION
9. Definitions
10. Purpose of PEPs
11. Contents of PEPs
PART 2.2 - DRAFT POLICIES
12. Preparation of draft PEP
13. General considerations in preparing draft PEP
PART 2.3 - GENERAL PROCEDURE FOR PREPARING DRAFT POLICIES
14. Application of Part
15. (Repealed)
16. EPA to prepare draft PEP and impact statement
17. Public consultation
18. Other consultation during preparation of draft PEP
19. EPA to consider impact statement and submissions
20. Submission of draft PEP to Minister
PART 2.4 - SPECIAL PROCEDURE FOR PREPARING DRAFT POLICIES
21. Application of Part
22. Directions
23. Effect of direction
24. Submission of draft PEP to Minister
PART 2.5 - MAKING POLICIES
25. Recommendation for making PEP
26. Making of PEP
PART 2.6 - INTERIM POLICIES
27. Interim PEPs
PART 2.7 - IMPLEMENTING POLICIES
28. Implementing PEPs--action under this Act and other environment protection legislation
29. Implementing PEPs--action under Environmental Planning and Assessment Act 1979
30. Implementing PEPs--action by public authorities
31. Discretions and functions of public authorities
32. Definition of "public authority"
PART 2.8 - MISCELLANEOUS
33. Amendment or repeal of PEPs
34. Publication and commencement of PEPs
35. Machinery matters for which PEPs may make provision
36. PEPs not to create offences
37. Judicial notice and validity of PEPs
38. Failure to comply with procedural requirements
39. Copies of PEPs to be available to public
40. Abandonment of draft PEP
41. Subordinate Legislation Act 1989 does not apply to PEPs
CHAPTER 3 - ENVIRONMENT PROTECTION LICENCES
PART 3.1 - INTRODUCTION
42. Environment protection licences
43. Types of licences
44. Integration of licensing
45. Matters to be taken into consideration in licensing functions
46. Operation of this Chapter
PART 3.2 - LICENCES REQUIRED FOR SCHEDULED DEVELOPMENT WORK AND SCHEDULED ACTIVITIES
47. Licensing requirement--scheduled development work
48. Licensing requirement--scheduled activities (premises-based)
49. Licensing requirement--scheduled activities (not premises-based)
50. Timing of licensing of development requiring consent under EP[#38]A Act
51. Integrated development
52. Commencement of licensing requirements
PART 3.3 - ISSUE, TRANSFER AND VARIATION OF LICENCES
53. Application for issue of licence
54. Application for transfer of licence
55. Grant or refusal of application
56. Premises to which licence applies
57. Licence fees
58. Variation of licences
59. Restrictions on making applications
60. Requirement for further information
61. Reasons to be given for grant or refusal of certain licence applications
62. Copyright
PART 3.4 - LICENCE CONDITIONS
63. Conditions
64. Failure to comply with condition
PART 3.5 - PARTICULAR LICENCE CONDITIONS
65. Part not exclusive
66. Conditions requiring monitoring, certification or provision of information, and related offences
67. Conditions for mandatory environmental audits
68. Conditions requiring pollution studies and reduction programs
69. Conditions relating to schemes for economic measures and environmental monitoring programs
69A. Chapter extends to licence conditions relating to chemicals
70. Conditions for financial assurances
71. Conditions for remediation work on premises
72. Conditions for insurance cover
73. Conditions to take effect later
74. Conditions for positive covenants
75. Conditions relating to waste
76. Post-closure requirements for waste facilities or other licensed premises
PART 3.6 - DURATION AND REVIEW OF LICENCES
77. Duration of licence
78. Review of licences
PART 3.7 - SUSPENSION, REVOCATION AND SURRENDER OF LICENCES
79. Suspension or revocation of licence by appropriate regulatory authority
80. Surrender of licence
81. Conditions of suspension, revocation or surrender
81A. Variation of conditions of suspension, revocation or surrender to require other persons to carry out works, programs or activities
82. Minister may suspend or revoke licence if holder convicted of major pollution offence
PART 3.8 - MISCELLANEOUS
83. Fit and proper persons
84. Date from which decision operates
85. Death of licensee
86. Notice for breach of licensing requirements
87. (Repealed)
88. Contributions by licensee of waste facility
CHAPTER 4 - ENVIRONMENT PROTECTION NOTICES AND OTHER NOTICES
PART 4.1 - PRELIMINARY
89. Definitions
90. Classification of environment protection notices
PART 4.1A - PRELIMINARY INVESTIGATION NOTICES
90A. Definitions
90B. Issue of preliminary investigation notices
90C. Preliminary investigation notice may be given orally
90D. Content of preliminary investigation notices
90E. Preliminary investigation notices may be given to directors and related bodies corporate
90F. Action by EPA to comply with preliminary investigation notice
90G. Preliminary investigation compliance notices
90H. Recovery of amounts
90I. Recovery of other costs
PART 4.2 - CLEAN-UP NOTICES
91. Clean-up by owners and occupiers of premises and polluters
91A. Clean-up notices may be given to directors and related bodies corporate
91B. Offence
92. Clean-up by public authorities
93. Clean-up directions may be given orally
93A. Development consent and approval not required for clean-up action
94. Fee
PART 4.2A - RECALL NOTICES
94A. Definitions
94B. Issue of recall notice
94C. Content of recall notice
94D. Application of recall notice to supply chain participants
94E. Actions required by recall notice
94F. Publication of recall notice
94G. Recall notices may be given to directors and related bodies corporate
94H. Development consent and approval not required for action under recall notice
94I. Public authority may take action in relation to recall notice
94J. Costs of complying with recall notice
94K. Reviews and appeals
94L. Failure to comply with recall notice
94M. Recall cost notices
94N. Recovery of amounts
94O. Voluntary recalls
PART 4.3 - PREVENTION NOTICES
95. Meaning of environmentally unsatisfactory manner
96. Preventive action
96A. Prevention notices may be given to directors and related bodies corporate
97. Offence
98. Action in event of failure to comply
99. Commencement of operation of prevention notices or variations
100. Fee
PART 4.4 - PROHIBITION NOTICES
101. Prohibition on activities
101A. Prohibition notices may be given to directors and related bodies corporate
102. Offence
103. Action in event of failure to comply
PART 4.5 - COMPLIANCE COST
104. Compliance cost notices
105. Recovery of amounts
106. Registration of compliance cost notices in relation to land
107. Charge on land subject to compliance cost notice
PART 4.6 - MISCELLANEOUS
108. Multiple notices
108A. Single notice for multiple pollution incidents
109. Extraterritorial application
109A. Interaction of notices with proceedings for offences
110. Revocation or variation
111. Power to enter land
112. Obstruction of persons
113. False or misleading statements in tests, environmental monitoring and reports
CHAPTER 5 - ENVIRONMENT PROTECTION OFFENCES
PART 5.1 - CLASSIFICATION OF OFFENCES
114. Classification of offences
PART 5.2 - TIER 1 OFFENCES
115. Disposal of waste--harm to environment
116. Leaks, spillages and other escapes
117. Emission of ozone depleting substances
118. General defence for tier 1 offences
119. Maximum penalty for tier 1 offences
PART 5.3 - WATER POLLUTION
120. Prohibition of pollution of waters
121. Defence of authority conferred by regulation
122. Defence of authority conferred by protection of environment licence or forestry authorisation
123. Maximum penalty for water pollution offences
PART 5.4 - AIR POLLUTION
Division 1 - General
124. Operation of plant (other than domestic plant)
125. Maintenance work on plant (other than domestic plant)
126. Dealing with materials
127. Proof of causing pollution
128. Standards of air impurities not to be exceeded
129. Emission of odours from premises licensed for scheduled activities
130. Provisions prevail
131. Exclusion of residential premises
132. Maximum penalty for air pollution offences
Division 2 - Air pollution from fires
133. Prohibition by EPA of burning in open air or incinerators
134. Directions by authorised officers concerning fires
135. Offence
Division 3 - Domestic air pollution
135A. Definitions
135B. Smoke abatement notices
135C. Contravention of smoke abatement notices
135D. Revocation of smoke abatement notices
PART 5.5 - NOISE POLLUTION
136. Sale of articles emitting more than prescribed noise
137. Sale of articles required to be fitted with noise control equipment
138. Defence--sale of articles
139. Operation of plant
140. Dealing with materials
141. Maximum penalty for noise offences
PART 5.6 - LAND POLLUTION AND WASTE
Division 1 - Preliminary
142. Definition
Division 2 - Land pollution
142A. Pollution of land
142B. Defence of authority conferred by regulation
142C. Defence of authority conferred by licence
142D. Defences relating to pesticides and fertilisers and other substances
142E. Defences relating to unlicensed landfills
Division 3 - Waste offences
143. Unlawful transporting or depositing of waste
144. Use of place as waste facility without lawful authority
144AAA. Unlawful disposal of asbestos waste
144AAB. Re-use and recycling of asbestos waste prohibited
144AA. False or misleading information about waste
144AB. Repeat waste offenders
144AC. Use of approved GPS tracking device required by EPA for waste transportation vehicles
PART 5.6AA - ILLEGAL DUMPING
144AD. Definitions
144AE. Offence of illegal dumping
144AF. Exceptions
144AG. Clean-up of illegal dumping
144AH. Direction to remove litter or waste
PART 5.6A - LITTERING
144A. Definitions
145. Littering generally
145A. Littering dangerous materials
146. Owners and drivers of motor vehicles and trailers involved in littering
146A. Depositing of advertising material
146B. Advertising material not to be placed in or on vehicles
146C. Offence to cause or ask person to commit offence
146D. Littering reports
146E. Restrictions on release of balloons
146F. Application of Part to State waters
PART 5.7 - DUTY TO NOTIFY POLLUTION INCIDENTS
147. Meaning of material harm to the environment
148. Pollution incidents causing or threatening material harm to be notified
149. Manner and form of notification
150. Relevant information to be given
151. Incidents not required to be reported
151A. EPA may require other notification of pollution incidents
152. Offence
153. Incriminating information
PART 5.7A - DUTY TO PREPARE AND IMPLEMENT POLLUTION INCIDENT RESPONSE MANAGEMENT PLANS
153A. Duty of licence holder to prepare pollution incident response management plan
153B. EPA may direct other persons to prepare pollution incident response management plan
153C. Information to be included in plan
153D. Keeping of plan
153E. Testing of plan
153F. Implementation of plan
PART 5.8 - MOTOR VEHICLES
Division 1 - Preliminary
154. Definitions
Division 2 - Sale and maintenance of motor vehicles
155. Sale of motor vehicles
156. Sale of motor vehicles without anti-pollution devices
157. Adjustment etc of anti-pollution devices and motor vehicles
158. Service or repair of motor vehicles
159. Sale of motor vehicles not serviced, maintained or adjusted as prescribed
160. Defences
161. Notices
162. Minister's power to prohibit use of motor vehicles in certain circumstances
Division 3 - (Repealed)
None
Division 4 - Registration of motor vehicles
165. Suspension of registration
166. Prohibition on registration
PART 5.9 - GENERAL OFFENCES
167. Control equipment
167A. False or misleading information
167B. Receiving monetary benefits
168. Ancillary offences
169. Liability of directors etc for offences by corporation--offences attracting special executive liability
169A. Liability of directors etc for offences by corporation--offences attracting executive liability generally
169B. Liability of directors etc for offences by corporation--accessory to the commission of the offences
169C. Evidence as to state of mind of corporation
170. Extra-territoriality
CHAPTER 6 - ENVIRONMENTAL AUDITS
PART 6.1 - PRELIMINARY
171. Relationship of this Chapter to other provisions
172. Nature of environmental audit
173. Accreditation and regulation of environmental auditors
PART 6.2 - MANDATORY ENVIRONMENTAL AUDITS
174. Conditions for mandatory environmental audits
175. Circumstances in which mandatory environmental audit can be imposed
176. Certification of audit report
177. Offences
178. Self-incriminatory information not exempt
179. Use of information
PART 6.3 - (Repealed)
None
CHAPTER 7 - INVESTIGATION
PART 7.1 - PRELIMINARY
184. Purposes for which powers under Chapter may be exercised
185. Effect on other functions
186. Extension of Chapter to other environment protection legislation
PART 7.2 - AUTHORISED OFFICERS AND ENFORCEMENT OFFICERS
187. Appointment of authorised officers
188. Scope of authority
189. Identification
189A. Powers of enforcement officers
PART 7.3 - POWERS TO REQUIRE INFORMATION OR RECORDS
190. Application of Part
191. Requirement to provide information and records (EPA)
192. Requirement to provide information and records (other regulatory authorities)
193. Requirement to provide information and records (authorised officers)
194. Manner, time etc for compliance
195. Provisions relating to records
PART 7.4 - POWERS OF ENTRY AND SEARCH OF PREMISES
196. Powers of authorised officers to enter premises
197. Entry into residential premises only with permission or warrant
198. Powers of authorised officers to do things at premises
198A. Power to disable intruder alarms
199. Search warrants
199A. Authorised officers may request assistance
200. Assistance to be given to authorised officers
201. Care to be taken
202. Compensation
PART 7.5 - POWERS TO QUESTION AND TO IDENTIFY PERSONS
203. Power of authorised officers to require answers
203A. Recording of evidence
204. Power of authorised officers to demand name and address
PART 7.6 - POWERS WITH RESPECT TO VEHICLES, VESSELS AND OTHER ARTICLES
205. Definitions
205A. Application of Part
206. Power to inspect and test
206A. Powers relating to vehicles suspected of transporting industrial chemicals or environmentally hazardous chemicals
207. Power to require articles to be tested or inspected
208. Stopping of vehicles and vessels for inspection or testing
209. Power to seize articles (other than vehicles or vessels) to test for noise
210. Power to require information about articles
PART 7.6A - SEIZURE OF MOTOR VEHICLES OR VESSELS USED TO COMMIT REPEAT WASTE OFFENCES
210A. Definitions
210B. Seizure of motor vehicles or vessels used to commit repeat waste offences
210C. Forfeiture of motor vehicles or vessels by order of court
210D. Return of seized motor vehicle or vessel
210E. Forfeited motor vehicles or vessels become the property of the State
PART 7.7 - GENERAL
211. Offences
212. Provisions relating to requirements to furnish records, information or answer questions
212A. Revocation or variation
212B. Extraterritorial application
212C. Actions by incorrect regulatory authority
212D. Appropriate regulatory authority may continue to exercise functions
212E. Extraterritorial exercise of functions
CHAPTER 8 - CRIMINAL AND OTHER PROCEEDINGS
PART 8.1 - PRELIMINARY
213. Application of Chapter and extension of Chapter to other environment protection legislation
PART 8.2 - PROCEEDINGS FOR OFFENCES
Division 1 - Proceedings for offences generally
214. Proceedings for tier 1 offences
215. Proceedings for other offences
216. Time within which summary proceedings may be commenced
216A. Multiple contraventions
Division 2 - Who may institute proceedings for offences
217. EPA or other appropriate regulatory authority may institute proceedings
218. Other authorities who may also institute proceedings
218A. Agents may institute proceedings
219. Other persons may institute proceedings with leave of Land and Environment Court
220. Officers and employees of authorities
221. Penalty notices and related proceedings
Division 3 - Penalty notices (tier 3 offences)
222, 223. (Repealed)
224. Penalty notices
225. (Repealed)
226. Enforcement officers
227. (Repealed)
228. Withdrawal of penalty notice
229. Effect on other provisions
Division 4 - Restraining orders
230. Application of Division
231. Nature of restraining order
232. Application for restraining order
233. Making of restraining order
234. Undertakings
235. Ancillary orders
236. Charge on property subject to restraining orders
237. Registration of restraining orders
237A. Recovery of costs of registering charge on land
237B. Recovery of costs of lodging caveat
238. Contravention of restraining orders
239. Court may revoke restraining order
240. Time when restraining order ceases to be in force
Division 5 - Sentencing
241. Matters to be considered in imposing penalty
Division 6 - Continuing offences
242. Continuing offences
PART 8.3 - COURT ORDERS IN CONNECTION WITH OFFENCES
243. Operation of Part
244. Orders generally
245. Orders for restoration and prevention
246. Orders for costs, expenses and compensation at time offence proved
247. Recovery of costs, expenses and compensation after offence proved
248. Orders regarding costs and expenses of investigation
249. Orders regarding monetary benefits
250. Additional orders
250A. Prohibiting a person from holding a licence
251. Offence
PART 8.3A - CIVIL PROCEEDINGS TO RECOVER PARTICULAR MONETARY BENEFITS
251A. Recovery of monetary benefits from related persons after offence proved
PART 8.4 - CIVIL PROCEEDINGS TO REMEDY OR RESTRAIN BREACHES OF ACT OR HARM TO ENVIRONMENT OR ENFORCE UNDERTAKINGS
252. Remedy or restraint of breaches of this Act or regulations
253. Restraint of breaches of an Act or statutory rules that harm the environment
253A. Enforcement of undertakings
253B. Prohibition orders
PART 8.5 - EVIDENTIARY PROVISIONS
254. Definitions
255. Evidence of threshold tests for scheduled activities
256. Onus of proof of certain matters
257. Occupier of premises responsible for pollution from premises
258. Evidence relating to occupier of premises
259. Proof of certain appointments not required
260. Documentary evidence generally
261. Certificate evidence of certain matters
262. Evidence of analysts
262A. Evidence from photographs and other images
PART 8.6 - NOISE--SPECIAL PROVISIONS
Division 1 - Noise control notices--regulatory authorities
263. Definition of "appropriate regulatory authority"
264. Noise control notices relating to premises
265. Offence to contravene noise control notice
266. Revocation or variation of noise control notices
267. Commencement of operation of noise control notices
267A. Fee
267B. Compliance costs
Division 2 - Noise abatement orders--Local Court
268. Issue of noise abatement orders
269. Contravention of noise abatement order
270. Restrictions on noise abatement orders
271. Commencement of operation of noise abatement order
272. Revocation or variation of noise abatement orders
273. Costs
274. (Repealed)
Division 3 - Noise abatement directions--police and other authorised persons
275. Definition of "authorised person"
276. Issue of noise abatement directions
277. Contravention of noise abatement directions
278. Restrictions on noise abatement directions
279. Revocation of noise abatement directions
Division 4 - Police powers regarding noise
280. Powers of entry by police by warrant
281. Powers of police after entry by warrant
282. Police powers to seize equipment
283. Other police powers not affected
CHAPTER 9 - MISCELLANEOUS
PART 9.1 - EXEMPTIONS
284. Exemptions by EPA in emergencies and other situations
285. Exemption for fire brigades and other emergency services
286. Exemptions by regulation
286A. Offence regarding resource recovery orders
286B. Records relating to resource recovery exemptions and orders
286C. Information or records under resource recovery exemption or order
PART 9.2 - APPEALS
287. Appeals regarding licence applications and licences
288. Appeals regarding notices under section 86 relating to work at premises
289. Appeals against prevention notices
289A. Appeals regarding notices under section 144AC relating to use of approved GPS tracking devices
290. Appeals regarding noise
291. Appeals regarding decisions under the regulations
292. Determination of appeals
PART 9.3 - ECONOMIC MEASURES
293. Schemes for economic measures
293A. Alteration, suspension or termination of a scheme
294. Liability of Crown
294A. Exercise of functions by Minister and EPA
295. Regulations
PART 9.3A - TRADEABLE EMISSION SCHEMES
295A. Definitions
295B. Tradeable emission schemes
295C. Regulations relating to tradeable emission schemes
295D. Licence conditions
295E. Imposition of penalties for contravention of scheme
295F. Other action that may be taken by EPA
295G. Participation in scheme by EPA
295H. Cost recovery
295I. Tradeable Emission Schemes Fund
295J. Exercise of scheme functions by other persons and bodies
295K. Liability for operation of scheme
295L. Application of Duties Act 1997
PART 9.3B - GREEN OFFSETS
295M. Definitions
295N. Licence conditions
295O. Green offset schemes
295P. Green offset works
295Q. Regulations relating to green offsets
295R. Action that may be taken by EPA in relation to green offset schemes or works
295S. Administrative costs
295T. Payment of contributions
295U. Green Offsets Fund
295V. Exercise of scheme functions by other persons and bodies
295W. Liability for operation of scheme
295X. Application of Duties Act 1997
PART 9.3C - ENVIRONMENTAL MONITORING
295Y. Environmental monitoring programs
295Z. Environmental monitoring levies
295ZA. Environmental Monitoring Fund
PART 9.3D - POLLUTION INCIDENTS--ANALYSIS OF RISK
295ZB. Definition
295ZC. Conduct of health risk analysis
295ZD. Conduct of environmental risk analysis
295ZE. Recovery of costs of analysis
295ZF. Recovery from responsible persons
295ZG. General provisions
PART 9.3E - CHEMICALS
Division 1 - Industrial chemicals
296. Definitions
296A. NSW Industrial Chemicals Environmental Management Standard Register
296B. Users and manufacturers to comply with risk management measures
296C. Person must not do things prohibited by NSW IChEMS register
296D. Licence conditions
296E. Failure to comply with phase-out conditions
Division 2 - Chemical use notices
296F. Chemical use notices
296G. Use and disclosure of information
296H. Chemical use notice fees
Division 3 - Chemical control orders
296I. Grounds for making orders
296J. Making orders
296K. Date orders come into force
296L. Person must comply with orders
296M. Licence conditions
Division 4 - Assessment of technology
296N. Application for assessment of technology
296O. Requirement for assessment of technology
Division 5 - Forfeiture of chemicals
296P. Forfeiture of substances and containers by order of court
296Q. Retention and disposal of seized property
296R. Disposal of forfeited property
PART 9.4 - FINANCIAL ASSURANCES
297. 297A. Purpose of this Part
297B. Definition of "conditions" of licence
298. Requiring financial assurances
299. Restriction on requiring financial assurance
300. Amount of financial assurances
301. Guidelines about financial assurances
302. Carrying out of work or program when licensee fails to do so
303. Claim on or realising of financial assurance
304. Lapsing of financial assurance
305. Liability of appropriate regulatory authority, State and others
306. Financial assurance not to affect other action
307. Disputes regarding call on or use of financial assurance
PART 9.4A - RESTRICTIONS AND COVENANTS ON LAND
307A. Ongoing maintenance--restrictions and covenants
PART 9.5 - PUBLIC REGISTER
308. Public register
309. Public availability of register
PART 9.6 - FORMAL INQUIRIES
310. Conduct of inquiries
311. Person or body conducting inquiries
312. Procedures at inquiries
313. Public nature of inquiries
314. Report of inquiry
PART 9.7 - OTHER MISCELLANEOUS PROVISIONS
315. Act to bind Crown
316. Resolution of disputes between EPA and public authorities
317. Appointment of persons to exercise certain functions
318. Exercise of local authority's licensing functions by EPA
319. Disclosure of information
319A. Continuing effect of notices and conditions
319B. Public warning statements
320. Disclosure of monitoring data
320A. False representations
321. Service of documents
322. Effect of this Act on other rights, remedies and proceedings
323. Regulations
324. Repeals
325. (Repealed)
326. Savings, transitional and other provisions
327. Review of Act
SCHEDULE 1
SCHEDULE 2
SCHEDULE 2A
SCHEDULE 3
Schedule 4 (Repealed)
SCHEDULE 5
SCHEDULE 6
