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PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SCHEDULE 2

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SCHEDULE 2

SCHEDULE 2 – Regulation-making powers

(Section 323)

1 Discharge into sewers

Prohibiting or regulating the discharge of specified substances into sewers or any specified class of sewers.

2 Phosphates

(1) Prohibiting or regulating the sale of products containing phosphates.
(2) Regulating or reducing the pollution of waterways with phosphates.

3 Noise

(1) Prohibiting or regulating the emission of noise from premises (whether or not those premises are a public place).
(2) Prohibiting or regulating the making or emission of noise in public places.
(3) Prohibiting the sale, use or operation of an article except in accordance with prescribed conditions relating to the emission of noise from the article when in use or operation, and in particular prohibiting the sale, use or operation of an article unless it is fitted with prescribed control equipment or noise labels.
(4) Prohibiting the carrying on of any activity except in accordance with prescribed conditions relating to the emission of noise arising in the course of the carrying on of the activity.
(5) Requiring, or empowering the EPA to require, the installation, maintenance, use or operation of noise barriers and control equipment.
(6) The manner of installing, maintaining, using and operating noise barriers and control equipment.
(7) The testing and inspection of articles, and requiring articles to be tested or inspected, for the purpose of--
(a) determining whether they comply with the requirements of this Act or the regulations, and
(b) without limiting paragraph (a), determining the level, nature, character or quality of the noise emitted by them or the noise that they are capable of emitting.
(8) Preventing or controlling noise made by animals (including birds) at any premises, and in particular the giving of notices requiring the prevention or control of any such noise.

4 Vehicles and vessels

(1) The issue of notices or giving directions setting out the conditions with which the owner of or person in charge of or having possession of, for sale or otherwise, a vehicle or vessel must comply before the vehicle or vessel may be sold, used or operated.
(2) The affixing of notices or labels to vehicles or vessels.
(3) The imposition of penalties for removing, obliterating or interfering with any notices or labels so affixed.
(3A) The testing and inspection of vehicles or vessels, and requiring vehicles or vessels to be tested or inspected, for the purpose of determining whether they comply with the requirements of this Act or the regulations.
(4) Other matters incidental to or necessary for prohibiting or regulating the sale, use or operation of vehicles or vessels that do not comply with the requirements of this Act or the regulations (including requirements with respect to the emission of excessive air impurities, the fitting and operation of pollution control devices and the use of fuels).
(5) The application to vessels of the provisions of sections 165 and 166 relating to vehicles.
(6) The liability of an owner of a motor vehicle or vessel for an offence under the regulations where an offence is committed with respect to or in connection with the motor vehicle or vessel (whether or not the act or omission concerned is committed or omitted by the owner), including the circumstances in which the owner is not liable.

5 Waste

(1) The operation of waste facilities, and the treatment, storage, processing, recovery, recycling, re-use or disposal of waste at waste facilities (whether or not they are required to be licensed under this Act).
(2) The transportation of waste by persons (whether or not they are required to be licensed under this Act).
(3) The collection, storage, creation, handling, processing, recovery, recycling, re-use and disposal of waste.
(4) The construction or maintenance of containers, vehicles and vessels used for the transportation of waste.
(5) The provision of information relating to the operation of waste facilities or the transportation of waste (whether or not they are required to be licensed under this Act).
(6) Prohibiting or regulating the storage, processing, recovery, recycling, re-use or disposal of any waste.

5A Local council waste reduction and environmental sustainability scheme

(1) The establishment and administration of a scheme for recycling, resource recovery and other reduction of waste by, and improving the environmental sustainability practices and services of, local councils.
(2) The making of payments to local councils in accordance with the scheme from money appropriated by Parliament for that purpose.
(3) Requirements that must be met by local councils to be eligible to receive payments under the scheme.

6 Open fires or incinerators

The regulation or prohibition of the burning of fires in the open or in incinerators.

6A Fuel and fuel burning equipment

(1) Prohibiting or regulating the sale, distribution, use, operation and maintenance of fuel burning equipment, and equipment for industrial plant, including control equipment.
(2) Prohibiting or regulating the storage, sale, distribution or use of fuels and the sale, distribution, use, operation and maintenance of fuel tanks and other equipment used in connection with the sale or distribution of fuels.
(3) Other matters incidental to or necessary for prohibiting or regulating the matters referred to in subclauses (1) and (2), including requirements with respect to the quality and composition of fuels, the emission of excessive air impurities and the fitting and control of pollution control devices.

6B Emission of air impurities

Requirements with respect to the emission of, and testing for, air impurities, including the methods for determining standards of concentration or rates of emission.

7 Fees for services

The payment of fees for services provided by the EPA and other appropriate regulatory authorities (including, but not limited to, the administrative costs of services provided under this Act and the costs associated with the functions of the EPA and other appropriate regulatory authorities under this Act).

8 Licences--generally

(1) The issue, transfer, conditions, variation, surrender, review, suspension or revocation of licences.
(2) Applications for the issue, transfer, variation or surrender of a licence (including the amendment of such applications).
(3) Any matter that may be regulated by the conditions of a licence.
(4) Imposing conditions on licences and revoking or varying conditions on licences (whether or not the conditions have been imposed by the regulations).

9 Load-based, administrative and other licence fees

(1) Licence fees, including the following--
(a) the time at which, or the periods for or during which, fees are to be paid,
(b) the types of fees,
(c) the structure of fees,
(d) the payment of more than one type of fee,
(e) the payment of more than one annual fee,
(f) the payment of a combined fee or fees for two or more licences held by the same person or different persons,
(g) the basis on which a fee is to be calculated,
(h) the factors to be used or taken into consideration in calculating a fee, including--
(i) the activity in respect of which the licence is issued, or
(ii) the kinds of pollutants discharged,
(i) the provision of economic incentives to licensees to avoid or reduce harm to the environment from activities carried out by licensees,
(j) without limiting section 42, 68 or 69 of the Interpretation Act 1987 , the application or adoption of standards or tests, with or without modification, and as in force as at a particular time or from time to time as specified by the regulations, to be used in fee calculations for measuring the amounts of pollutants and assessing the discharge of pollutants,
(k) the constitution, as an incorporated or unincorporated body, of bodies having functions relating to the review of licence fee calculations or aspects of those calculations,
(l) the determination of particular fees to be paid by particular licensees or applicants for licences,
(m) the creation and retention of records and information required for the calculation of fees,
(n) the provision to the appropriate regulatory authority by licensees and former licensees (including transferors of licences) of particulars relevant to the determination of a fee,
(o) the certification of particulars referred to in paragraph (n) and the persons who may certify the particulars, including the approval by the appropriate regulatory authority of persons or classes of persons as certifiers,
(p) the payment of fees by instalments,
(q) the payment of interest on unpaid fees, including the interest rate,
(r) penalties for late payment or underpayment of fees,
(s) the recovery of fees by the appropriate regulatory authority,
(t) the crediting of amounts held by the appropriate regulatory authority on behalf of a licensee towards the payment of a fee,
(u) the refund and waiver of fees, or particular types of fees, in whole or in part,
(v) discount schemes and the granting of discounts,
(w) rebate schemes and the payment of rebates.
(2) Prescribing different fees according to specified factors or circumstances.
(3) Imposing a licence fee despite the fact that the fee may comprise a tax.
(4) Authorising the appropriate regulatory authority to refuse an application for a licence or for the transfer or surrender of a licence--
(a) if any fee or other amount due and payable under this Act or the regulations in relation to the application or licence is unpaid, or
(b) if the applicant has previously defaulted in the payment of such a fee or other amount, or
(c) if, in its opinion, the applicant is or will be unwilling or is or will be unable to pay a fee or other amount that is or may become due and payable under this Act or the regulations in relation to the application or licence.
(5) Authorising the appropriate regulatory authority, if satisfied that any pollution would not be such as to warrant the payment of the fee for a licence, to remit in whole or in part the fee payable for the licence.

9A Establishment of scheme for independent certification of load-based licences

(1) Requiring a person who holds a licence which requires the payment of a load-based fee to obtain independent certification of compliance with this Act, the regulation or licence conditions where the licence requires the holder of the licence to submit an annual return.
(2) Prescribing a scheme for any such independent certification and in particular (but not limited to)--
(a) the persons or classes of persons who may provide independent certification for the purposes of the scheme and the qualifications or experience that those persons or classes of persons are required to have, and
(b) the standards or methods to be used, or other requirements in respect of, determining compliance, and
(c) the information to be provided to the EPA following independent certification and the manner or form in which it is to be provided, and
(d) the general nature, requirements and operation of the scheme.

10 Recognition of licences issued outside the State

(1) Providing for the recognition (including automatic recognition) in this State of licences or other authorities issued by any other State or Territory that correspond or are similar to environment protection licences under this Act.
(2) Providing for the circumstances in which any such recognised licence or other authority is taken to be an environment protection licence issued under this Act.

10A National environment protection measures

Giving effect to, and enforcing compliance with, a national environment protection measure made under the National Environment Protection Council Act 1994 of the Commonwealth, section 14(1).

11 Time restrictions

Prohibiting or regulating the carrying out of any activity, or the use or operation of any article, at any specified time for the purpose of preventing or limiting noise or other pollution.

12 Tests

(1) Prescribing tests for determining the extent of pollution (including the level, nature, character or quality of noise or other pollutants).
(2) Prescribing tests for determining whether this Act or the regulations are being complied with.
(3) Providing for the admissibility in evidence in proceedings of the results of those tests (including the admissibility of certificates relating to those results as conclusive or prima facie evidence of the matters certified).

13 Aquatic activities

Prohibiting or regulating swimming, boating or other aquatic activities in public areas.

14 Assistance etc to authorised officers

The assistance and facilities (including means of access, and the means of making examinations, inspections and tests) to be provided by occupiers of premises to enable authorised officers to exercise their functions under this Act.

15 General

(1) The prevention, control, abatement or mitigation of pollution.
(2) The furnishing by a local authority to the EPA of information relating to the exercise of the local authority's functions under this Act.