Protection of the Environment Administration Act 1991

This Act may be cited as the Protection of the Environment Administration Act 1991.

This Act commences on a day or days to be appointed by proclamation.

In this Act—

advisory committee means an advisory committee established under Part 6.

Authority means the Environment Protection Authority constituted by this Act.

Board means the Board of the Authority established under this Act.

Chairperson means the Chairperson of the Board appointed under section 18.

Chief Executive Officer or CEO means the person employed in the Public Service as the Chief Executive Officer of the Authority.

criminal or related proceedings means any proceedings for an offence against the environment protection legislation or any proceedings under Division 4 of Part 8.2 and Part 8.4 of, or under Schedule 2A to, the Protection of the Environment Operations Act 1997.

environment means components of the earth, including—

land, air and water, and

any layer of the atmosphere, and

any organic or inorganic matter and any living organism, and

human-made or modified structures and areas,

and includes interacting natural ecosystems that include components referred to in paragraphs (a)–(c).

environment protection includes anything which furthers the objectives of the Authority as set out in section 6.

environment protection legislation means the following Acts, and the regulations and other instruments made under the following Acts—

this Act,

Contaminated Land Management Act 1997,

Dangerous Goods (Road and Rail Transport) Act 2008,

Environmental Trust Act 1998,

(Repealed)

Ozone Protection Act 1989,

Pesticides Act 1999,

Plastic Reduction and Circular Economy Act 2021,

Protection of the Environment Operations Act 1997,

Protection from Harmful Radiation Act 1990,

Recreation Vehicles Act 1983,

Waste Avoidance and Resource Recovery Act 2001,

any other Act, or part of an Act, prescribed by the regulations for the purposes of this definition.

Note—

A regulation prescribing an Act, or part of an Act, for the purposes of paragraph (l) may only be made with the concurrence of the Minister responsible for the administration of the Act or part—see section 3(1A).

public authority means a public or local authority constituted by or under any Act and includes—

a government department or administrative office, and

a member of staff or other person who exercises functions on behalf of a public authority.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

A regulation prescribing an Act, or part of an Act, for the purposes of subsection 3(1), definition of environment protection legislation, paragraph (l) may only be made with the concurrence of the Minister responsible for administering the Act, or part, to be prescribed.

In this Act—

a reference to a function includes a reference to a power, authority, responsibility and duty, and

a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

Notes included in this Act do not form part of this Act.

If environment protection legislation includes an example of the operation of a provision—

the example is not exhaustive, and

the example does not limit the meaning of the provision, and

the example and the provision must be read in the context of each other and the other provisions of the environment protection legislation, but, if the example and the provision are inconsistent, the provision prevails.

The objects of this Act are as follows—

to constitute the Environment Protection Authority,

to provide integrated administration for environment protection,

to require the Authority to perform particular tasks in relation to the quality of the environment, environmental audit and reports on the state of the environment.

(Repealed)

There is constituted by this Act a body corporate with the corporate name of the Environment Protection Authority.

The Authority is, for the purposes of any Act, a statutory body representing the Crown.

The objectives of the Authority are—

to protect, restore and enhance the quality of the environment in New South Wales, having regard to the need to maintain ecologically sustainable development, and

to reduce the risks to human health and prevent the degradation of the environment, by means such as the following—

• promoting pollution prevention,

• adopting the principle of reducing to harmless levels the discharge into the air, water or land of substances likely to cause harm to the environment,

• taking action in relation to climate change,

• minimising the creation of waste by the use of appropriate technology,

• regulating the transportation, collection, treatment, storage and disposal of waste,

• encouraging the reduction of the use of materials, encouraging the re-use and recycling of materials and encouraging material recovery,

• adopting minimum environmental standards prescribed by complementary Commonwealth and State legislation and advising the Government to prescribe more stringent standards where appropriate,

• setting mandatory targets for environmental improvement,

• promoting community involvement in decisions about environmental matters,

• ensuring the community has access to relevant information about hazardous substances arising from, or stored, used or sold by, any industry or public authority,

• conducting public education and awareness programs about environmental matters.

For the purposes of subsection (1) (a), ecologically sustainable development requires the effective integration of social, economic and environmental considerations in decision-making processes. Ecologically sustainable development can be achieved through the implementation of the following principles and programs—

the precautionary principle—namely, that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.

In the application of the precautionary principle, public and private decisions should be guided by—

careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment, and

an assessment of the risk-weighted consequences of various options,

inter-generational equity—namely, that the present generation should ensure that the health, diversity and productivity of the environment are maintained or enhanced for the benefit of future generations,

conservation of biological diversity and ecological integrity—namely, that conservation of biological diversity and ecological integrity should be a fundamental consideration,

improved valuation, pricing and incentive mechanisms—namely, that environmental factors should be included in the valuation of assets and services, such as—

polluter pays—that is, those who generate pollution and waste should bear the cost of containment, avoidance or abatement,

the users of goods and services should pay prices based on the full life cycle of costs of providing goods and services, including the use of natural resources and assets and the ultimate disposal of any waste,

environmental goals, having been established, should be pursued in the most cost effective way, by establishing incentive structures, including market mechanisms, that enable those best placed to maximise benefits or minimise costs to develop their own solutions and responses to environmental problems.

The Authority has such environment protection and other functions as are conferred or imposed on it by or under the environment protection legislation or any other legislation.

The Authority has general responsibility for the following—

ensuring that the best practicable measures are taken for environment protection in accordance with the environment protection legislation and other legislation,

co-ordinating the activities of all public authorities in respect of those measures,

inquiring into and reporting on the efficacy of those measures,

reviewing the regulatory framework for environment protection and advising on its rationalisation and simplification,

investigating and reporting on alleged non-compliance with environment protection legislation for the purposes of prosecutions or other regulatory action,

establishing a database on the state of the environment,

advising persons engaged in industry and commerce and other members of the community on environment protection,

advising the Government on methods to ensure the integration of the Authority’s pollution approvals and licensing processes with the development consent process so that the importance of environment protection is recognised.

Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Authority to exercise its functions.

Note.

Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the Authority makes use of) may be referred to as officers or employees, or members of staff, of the Authority. Section 47A of the Constitution Act 1902 precludes the Authority from employing staff.

The Authority may—

formulate and promote plans for environment protection, and

publish reports and information on any aspect of environment protection, and

carry out or commission research into environment protection, and

co-ordinate the collection of information on environment protection which is published or supplied by public or other authorities, and

provide or promote the development of specialist guidance and technical advisory services relating to environment protection, and

invite and consider public submissions when it formulates environment protection plans, when it develops objectives, guidelines or policies under section 9 or when it issues, renews or amends licences under the environment protection legislation, and

make any register of particulars of any such licences in force available for public inspection and provide (on payment of any reasonable fee demanded by the Authority) copies of or extracts from any such register, and

make grants to industry, commerce, public authorities, educational institutions and such other persons who the Authority considers are acting in the public interest for the purpose of funding projects which assist or advance environment protection, and

make grants to groups of citizens incorporated for the purpose of representing the public interest in environment protection to enable them to obtain technical assistance in making submissions referred to in paragraph (f) or on other environment protection matters.

Also, the Authority may—

enter into arrangements, including commercial arrangements, in relation to carbon neutrality or achieving net zero emissions, and

purchase property for the purposes of, or in relation to, carbon neutrality or achieving net zero emissions.

The Authority is required to—

develop environmental quality objectives, guidelines and policies to ensure environment protection, and

Example of developing objectives, guidelines and policies to ensure environment protection—

developing environmental quality objectives, guidelines and policies to ensure environment protection from climate change

monitor the state of the environment for the purpose of assessing trends and the achievement of environmental quality objectives, guidelines, policies and standards.

The Authority is required to develop a comprehensive scheme of environmental audit with respect to industry, commerce and public authorities.

The Authority is required to make a report on the state of the environment (a state of the environment report) every 3 years.

Each state of the environment report is to be given to the Minister and tabled in both Houses of Parliament.

A state of the environment report is to include the following matters—

an assessment of the status and conditions of the major environmental resources of New South Wales,

an examination of environmental trends, including the implications for the environment and human health,

a review of the programs and activities of public authorities and of the private sector related to environment protection,

an examination of trends in economic analysis and of the costs and benefits (including economic evaluation) of environment protection,

the volumes of waste avoided, produced, recycled or reused in New South Wales during the reporting period,

how the volumes of waste compare with target volumes established by any current waste strategy,

a description of the strategies and programs being implemented by the Authority and the degree of success achieved by the strategies and programs,

reporting about matters relating to litter,

any general recommendations for future legislative or other action which the Authority considers appropriate to discharge its responsibilities with respect to environment protection.

(Repealed)

For subsection (3)(d4), the report may, but is not required to, include the brand names of litter.

The perspectives and knowledge of Aboriginal peoples must be included in either or both of the following—

each state of the environment report,

a report that accompanies each state of the environment report.

The Authority is required to make, in its annual report for any year in which a state of the environment report is not made, a statement on any relevant matters concerning the state of the environment and on trends.

The Authority may advise public authorities on performance targets for those public authorities relating to environment protection.

When exercising its public reporting functions under this or any other Act, the Authority may report on the achievement of performance targets set by public authorities, and is required to do so in respect of any public authority which has failed to publicly report on its achievement of those performance targets.