PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 45 Matters to be taken into consideration in licensing functions

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 45

45 Matters to be taken into consideration in licensing functions

In exercising its functions under this Chapter, the appropriate regulatory authority is required to take into consideration such of the following matters as are of relevance--

(a) any protection of the environment policies,

(b) the objectives of the EPA as referred to in section 6 of the Protection of the Environment Administration Act 1991 ,

(c) the pollution caused or likely to be caused by the carrying out of the activity or work concerned and the likely impact of that pollution on the environment,

(d) the practical measures that could be taken--

(i) to prevent, control, abate or mitigate that pollution, and

(ii) to protect the environment from harm as a result of that pollution,

(e) any relevant green offset scheme, green offset works or tradeable emission scheme or other scheme involving economic measures, as referred to in Part 9.3,

(f) whether the person concerned is a fit and proper person,

Note : See section 83 for provisions relating to the determination of whether a person is a fit and proper person for the purposes of this section.

(f1) in relation to an activity or work that causes, is likely to cause or has caused water pollution--

(i) the environmental values of water affected by the activity or work, and

(ii) the practical measures that could be taken to restore or maintain those environmental values,

(g) in connection with a licence application relating to the control of the carrying out of non-scheduled activities for the purpose of regulating water pollution--whether the applicant is the appropriate person to hold the licence having regard to the role of the applicant in connection with the carrying out of those activities,

(h) in connection with a licence application--any documents accompanying the application,

(i) in connection with a licence application--any relevant environmental impact statement, or other statement of environmental effects, prepared or obtained by the applicant under the Environmental Planning and Assessment Act 1979 ,

(j) in connection with a licence application--any relevant species impact statement prepared or obtained by the applicant under the Biodiversity Conservation Act 2016 or Part 7A of the Fisheries Management Act 1994 ,

(k) in connection with a licence application, any waste strategy in force under the Waste Avoidance and Resource Recovery Act 2001 ,

(l) in connection with a licence application--

(i) any public submission in relation to the licence application received by the appropriate regulatory authority under this Act, and

(ii) any public submission that has been made under the Environmental Planning and Assessment Act 1979 , in connection with the activity to which the licence application relates, and that has been received by the appropriate regulatory authority,

(m) if the appropriate regulatory authority is not the EPA--any guidelines issued by the EPA to the authority relating to the exercise of functions under this Chapter.