New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 78

78 Review of licences

(1) The appropriate regulatory authority is required to review each licence at intervals not exceeding 5 years after the issue of the licence.

(2) The appropriate regulatory authority must give public notice of the licences that are to be reviewed as follows:

(a) a notice of the review of each licence is to be published in a newspaper circulating throughout the State,

(b) the notice is to be published not less than 1 month, and not more than 6 months, before the review of the licence is undertaken,

(c) the notice is to specify the activity or work to which the licence relates and the address of the premises (if any) at which it is carried out.

(3) Any failure by the EPA to comply with the requirements of this section to review a licence is to be reported by the EPA to the Board of the EPA, and in the annual report of the EPA, together with a statement of reasons for the failure.

(4) Any failure by a regulatory authority (other than the EPA) to comply with the requirements of this section to review a licence is to be reported to the EPA by that authority.

(4A) The EPA must audit, on an industry wide or regional basis, compliance with licence requirements under this Act and whether such requirements reflect best practice in relation to the matters regulated by the licences.

(5) Any failure to comply with the requirements of this section cannot be the subject of proceedings under this Act.