Protection of the Environment Operations Act 1997

This Act is the Protection of the Environment Operations Act 1997.

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

The objects of this Act are as follows—

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

to provide increased opportunities for public involvement and participation in environment protection,

to ensure that the community has access to relevant and meaningful information about pollution,

to reduce risks to human health and prevent the degradation of the environment by the use of mechanisms that promote the following—

pollution prevention and cleaner production,

the reduction to harmless levels of the discharge of substances likely to cause harm to the environment,

the elimination of harmful wastes,

the reduction in the use of materials and the re-use, recovery or recycling of materials,

the making of progressive environmental improvements, including the reduction of pollution at source,

the monitoring and reporting of environmental quality on a regular basis,

the proper environmental management of chemicals throughout their whole lifecycle,

to rationalise, simplify and strengthen the regulatory framework for environment protection,

to improve the efficiency of administration of the environment protection legislation,

to assist in the achievement of the objectives of the Waste Avoidance and Resource Recovery Act 2001.

Expressions used in this Act have the meanings set out in the Dictionary at the end of this Act.

Listing of activities The activities listed in Schedule 1 are scheduled activities for the purposes of this Act.

Limitations If Schedule 1 so provides, a specified activity is a scheduled activity for the purposes of this Act only in specified circumstances, or only in specified areas or only under specified conditions.

Change in listings The regulations may amend or replace Schedule 1. The regulations may contain provisions of a savings or transitional nature consequent on the amendment or replacement of Schedule 1.

EPA The EPA is the appropriate regulatory authority for the purposes of this Act, except as provided by this section.

Local councils and other local authorities A local authority is the appropriate regulatory authority for non-scheduled activities in its area, except in relation to—

the exercise of functions under Chapter 3 (Environment protection licences), or

premises defined in an environment protection licence as the premises to which the licence applies, and all activities carried on at those premises, or

activities carried on by the State or a public authority, whether at premises occupied by the State or a public authority or otherwise, or

activities carried on by an authorised network operator (within the meaning of the Electricity Network Assets (Authorised Transactions) Act 2015) whether at premises occupied by the authorised network operator or otherwise, or

a matter for which a public authority (other than the local authority) is declared under subsection (3) to be the appropriate regulatory authority.

Public authorities declared by regulation A public authority is the appropriate regulatory authority for a matter for which it is declared to be the appropriate regulatory authority by the regulations (subject to such conditions or limitations as are specified in the regulations). The regulations under this subsection—

may declare a local authority to be the appropriate regulatory authority in respect of non-scheduled activities excluded under subsection (2), but

may not declare any public authority to be the appropriate regulatory authority for activities carried on by that public authority.

Limitation to local area A function conferred or imposed by or under this Act on a local authority, in its capacity as the appropriate regulatory authority or otherwise, may be exercised only in or in relation to the local authority’s area.

Note.

The regulations have prescribed certain authorities as the appropriate regulatory authorities for certain non-scheduled activities in certain areas. By virtue of this Act, the marine authority is given jurisdiction in connection with noise control notices and noise abatement directions relating to vessels (see sections 263 and 275).

Other Acts not affected Nothing in this Act affects any of the provisions of any other Act or any statutory rules, or takes away any powers vested in any person or body by any other Act or statutory rules.

This Act generally prevails However (subject to subsection (3))—

this Act prevails over any other Act or statutory rule to the extent of any inconsistency, and

a regulation made under this Act prevails over any other statutory rule to the extent of any inconsistency.

Marine Pollution Act 2012 prevails The provisions of, or made under, the Marine Pollution Act 2012 (except Part 8), in their application to State waters within the meaning of that Act, prevail over this Act, to the extent of any inconsistency.

An obligation imposed under environment protection legislation, including under an environment protection licence, may not be delegated or transferred unless otherwise expressly provided for in the Act under which the obligation is imposed.

Notes in the text of this Act do not form part of this Act.

In this Chapter—

environment protection goal means a goal—

that relates to desired environmental outcomes, and

that guides the formulation of strategies for the management of human activities that affect the environment.

environment protection guideline means a guideline that gives guidance on possible means for achieving desired environmental outcomes.

environment protection protocol means a protocol that relates to the process to be followed in measuring environmental characteristics to determine—

whether a particular standard or goal is being met or achieved, or

the extent of the difference between the measured characteristic of the environment and a particular standard or a particular goal.

environment protection standard means a standard that consists of identifiable or quantifiable characteristics of the environment against which environmental quality can be assessed.

impact statement means an impact statement prepared by the EPA relating to a draft policy.

policy means a protection of the environment policy.

Note.

The Dictionary defines a protection of the environment policy as a protection of the environment policy made by the Governor under this Chapter and in force. The abbreviation PEPs is used in headings to refer to those policies.

Protection of the environment policies may be made for the purpose of declaring policies to be observed with respect to protecting the environment in New South Wales and, in particular, for the purpose of—

furthering the objectives of the EPA as set out in section 6 of the Protection of the Environment Administration Act 1991,

managing the cumulative impact on that environment of existing and future human activities.

A policy must specify one or more of the following—

an environment protection goal,

an environment protection standard,

an environment protection guideline,

an environment protection protocol.

A policy containing an environment protection goal may specify a program by which that goal is to be achieved, and performance indicators by which the achievement of that goal is to be measured.

A policy may be made for the purpose of implementing in New South Wales a national environment protection measure.

Note.

National environment protection measure is defined in the Dictionary.

A policy may be made in respect of the following—

the whole or any part of the State,

the environment generally or any part of it,

any activity that may impact, or has impacted, on the environment,

any form of pollution,

any aspect of waste,

any kind of technology or process,

any kind of chemical or other substance that may impact, or has impacted, on the environment,

any matter in respect of which national environment protection measures may be made.