- Protection of the Environment Operations Act 1997 No 156
- Status information
- Long title
- Chapter 1 Preliminary
- Chapter 2 Protection of the environment policies
- Part 2.1 Introduction
- Part 2.2 Draft policies
- Part 2.3 General procedure for preparing draft policies
- Part 2.4 Special procedure for preparing draft policies
- Part 2.5 Making policies
- Part 2.6 Interim policies
- Part 2.7 Implementing policies
- 28 Implementing PEPs—action under this Act and other environment protection legislation
- 29 Implementing PEPs—action under Environmental Planning and Assessment Act 1979
- 30 Implementing PEPs—action by public authorities
- 31 Discretions and functions of public authorities
- 32 Definition of “public authority”
- Part 2.8 Miscellaneous
- 33 Amendment or repeal of PEPs
- 34 Publication and commencement of PEPs
- 35 Machinery matters for which PEPs may make provision
- 36 PEPs not to create offences
- 37 Judicial notice and validity of PEPs
- 38 Failure to comply with procedural requirements
- 39 Copies of PEPs to be available to public
- 40 Abandonment of draft PEP
- 41 Subordinate Legislation Act 1989 does not apply to PEPs
- Chapter 3 Environment protection licences
- Part 3.1 Introduction
- Part 3.2 Licences required for scheduled development work and scheduled activities
- 47 Licensing requirement—scheduled development work
- 48 Licensing requirement—scheduled activities (premises-based)
- 49 Licensing requirement—scheduled activities (not premises-based)
- 50 Timing of licensing of development requiring consent under EP&A Act
- 51 Integrated development
- 52 Commencement of licensing requirements
- Part 3.3 Issue, transfer and variation of licences
- 53 Application for issue of licence
- 54 Application for transfer of licence
- 55 Grant or refusal of application
- 56 Premises to which licence applies
- 57 Licence fees
- 58 Variation of licences
- 59 Restrictions on making applications
- 60 Requirement for further information
- 61 Reasons to be given for grant or refusal of certain licence applications
- 62 Copyright
- Part 3.4 Licence conditions
- Part 3.5 Particular licence conditions
- 65 Part not exclusive
- 66 Conditions requiring monitoring, certification or provision of information, and related offences
- 67 Conditions for mandatory environmental audits
- 68 Conditions requiring pollution studies and reduction programs
- 69 Conditions relating to schemes for economic measures and environmental monitoring programs
- 69A Chapter extends to licence conditions relating to chemicals
- 70 Conditions for financial assurances
- 71 Conditions for remediation work on premises
- 72 Conditions for insurance cover
- 73 Conditions to take effect later
- 74 Conditions for positive covenants
- 75 Conditions relating to waste
- 76 Post-closure requirements for waste facilities or other licensed premises
- Part 3.6 Duration and review of licences
- Part 3.7 Suspension, revocation and surrender of licences
- 79 Suspension or revocation of licence by appropriate regulatory authority
- 80 Surrender of licence
- 81 Conditions of suspension, revocation or surrender
- 81A Variation of conditions of suspension, revocation or surrender to require other persons to carry out works, programs or activities
- 82 Minister may suspend or revoke licence if holder convicted of major pollution offence
- Part 3.8 Miscellaneous
- Chapter 4 Environment protection notices and other notices
- Part 4.1 Preliminary
- Part 4.1A Preliminary investigation notices
- 90A Definitions
- 90B Issue of preliminary investigation notices
- 90C Preliminary investigation notice may be given orally
- 90D Content of preliminary investigation notices
- 90E Preliminary investigation notices may be given to directors and related bodies corporate
- 90F Action by EPA to comply with preliminary investigation notice
- 90G Preliminary investigation compliance notices
- 90H Recovery of amounts
- 90I Recovery of other costs
- Part 4.2 Clean-up notices
- 91 Clean-up by owners and occupiers of premises and polluters
- 91A Clean-up notices may be given to directors and related bodies corporate
- 91B Offence
- 92 Clean-up by public authorities
- 93 Clean-up directions may be given orally
- 93A Development consent and approval not required for clean-up action
- 94 Fee
- Part 4.2A Recall notices
- 94A Definitions
- 94B Issue of recall notice
- 94C Content of recall notice
- 94D Application of recall notice to supply chain participants
- 94E Actions required by recall notice
- 94F Publication of recall notice
- 94G Recall notices may be given to directors and related bodies corporate
- 94H Development consent and approval not required for action under recall notice
- 94I Public authority may take action in relation to recall notice
- 94J Costs of complying with recall notice
- 94K Reviews and appeals
- 94L Failure to comply with recall notice
- 94M Recall cost notices
- 94N Recovery of amounts
- 94O Voluntary recalls
- Part 4.3 Prevention notices
- Part 4.4 Prohibition notices
- Part 4.5 Compliance cost
- Part 4.6 Miscellaneous
- 108 Multiple notices
- 108A Single notice for multiple pollution incidents
- 109 Extraterritorial application
- 109A Interaction of notices with proceedings for offences
- 110 Revocation or variation
- 111 Power to enter land
- 112 Obstruction of persons
- 113 False or misleading statements in tests, environmental monitoring and reports
- Chapter 5 Environment protection offences
- Part 5.1 Classification of offences
- Part 5.2 Tier 1 offences
- Part 5.3 Water pollution
- Part 5.4 Air pollution
- Division 1 General
- 124 Operation of plant (other than domestic plant)
- 125 Maintenance work on plant (other than domestic plant)
- 126 Dealing with materials
- 127 Proof of causing pollution
- 128 Standards of air impurities not to be exceeded
- 129 Emission of odours from premises licensed for scheduled activities
- 130 Provisions prevail
- 131 Exclusion of residential premises
- 132 Maximum penalty for air pollution offences
- Division 2 Air pollution from fires
- Division 3 Domestic air pollution
- Part 5.5 Noise pollution
- Part 5.6 Land pollution and waste
- Division 1 Preliminary
- Division 2 Land pollution
- Division 3 Waste offences
- 143 Unlawful transporting or depositing of waste
- 144 Use of place as waste facility without lawful authority
- 144AAA Unlawful disposal of asbestos waste
- 144AAB Re-use and recycling of asbestos waste prohibited
- 144AA False or misleading information about waste
- 144AB Repeat waste offenders
- 144AC Use of approved GPS tracking device required by EPA for waste transportation vehicles
- Part 5.6AA Illegal dumping
- Part 5.6A Littering
- 144A Definitions
- 145 Littering generally
- 145A Littering dangerous materials
- 146 Owners and drivers of motor vehicles and trailers involved in littering
- 146A Depositing of advertising material
- 146B Advertising material not to be placed in or on vehicles
- 146C Offence to cause or ask person to commit offence
- 146D Littering reports
- 146E Restrictions on release of balloons
- 146F Application of Part to State waters
- Part 5.7 Duty to notify pollution incidents
- 147 Meaning of material harm to the environment
- 148 Pollution incidents causing or threatening material harm to be notified
- 149 Manner and form of notification
- 150 Relevant information to be given
- 151 Incidents not required to be reported
- 151A EPA may require other notification of pollution incidents
- 152 Offence
- 153 Incriminating information
- Part 5.7A Duty to prepare and implement pollution incident response management plans
- Part 5.8 Motor vehicles
- Division 1 Preliminary
- Division 2 Sale and maintenance of motor vehicles
- 155 Sale of motor vehicles
- 156 Sale of motor vehicles without anti-pollution devices
- 157 Adjustment etc of anti-pollution devices and motor vehicles
- 158 Service or repair of motor vehicles
- 159 Sale of motor vehicles not serviced, maintained or adjusted as prescribed
- 160 Defences
- 161 Notices
- 162 Minister’s power to prohibit use of motor vehicles in certain circumstances
- Division 3
- Division 4 Registration of motor vehicles
- Part 5.9 General offences
- 167 Control equipment
- 167A False or misleading information
- 167B Receiving monetary benefits
- 168 Ancillary offences
- 169 Liability of directors etc for offences by corporation—offences attracting special executive liability
- 169A Liability of directors etc for offences by corporation—offences attracting executive liability generally
- 169B Liability of directors etc for offences by corporation—accessory to the commission of the offences
- 169C Evidence as to state of mind of corporation
- 170 Extra-territoriality
- Chapter 6 Environmental audits
- Chapter 7 Investigation
- Part 7.1 Preliminary
- Part 7.2 Authorised officers and enforcement officers
- Part 7.3 Powers to require information or records
- 190 Application of Part
- 191 Requirement to provide information and records (EPA)
- 192 Requirement to provide information and records (other regulatory authorities)
- 193 Requirement to provide information and records (authorised officers)
- 194 Manner, time etc for compliance
- 195 Provisions relating to records
- Part 7.4 Powers of entry and search of premises
- 196 Powers of authorised officers to enter premises
- 197 Entry into residential premises only with permission or warrant
- 198 Powers of authorised officers to do things at premises
- 198A Power to disable intruder alarms
- 199 Search warrants
- 199A Authorised officers may request assistance
- 200 Assistance to be given to authorised officers
- 201 Care to be taken
- 202 Compensation
- Part 7.5 Powers to question and to identify persons
- Part 7.6 Powers with respect to vehicles, vessels and other articles
- 205 Definitions
- 205A Application of Part
- 206 Power to inspect and test
- 206A Powers relating to vehicles suspected of transporting industrial chemicals or environmentally hazardous chemicals
- 207 Power to require articles to be tested or inspected
- 208 Stopping of vehicles and vessels for inspection or testing
- 209 Power to seize articles (other than vehicles or vessels) to test for noise
- 210 Power to require information about articles
- Part 7.6A Seizure of motor vehicles or vessels used to commit repeat waste offences
- Part 7.7 General
- 211 Offences
- 212 Provisions relating to requirements to furnish records, information or answer questions
- 212A Revocation or variation
- 212B Extraterritorial application
- 212C Actions by incorrect regulatory authority
- 212D Appropriate regulatory authority may continue to exercise functions
- 212E Extraterritorial exercise of functions
- Chapter 8 Criminal and other proceedings
- Part 8.1 Preliminary
- Part 8.2 Proceedings for offences
- Division 1 Proceedings for offences generally
- Division 2 Who may institute proceedings for offences
- 217 EPA or other appropriate regulatory authority may institute proceedings
- 218 Other authorities who may also institute proceedings
- 218A Agents may institute proceedings
- 219 Other persons may institute proceedings with leave of Land and Environment Court
- 220 Officers and employees of authorities
- 221 Penalty notices and related proceedings
- Division 3 Penalty notices (tier 3 offences)
- Division 4 Restraining orders
- 230 Application of Division
- 231 Nature of restraining order
- 232 Application for restraining order
- 233 Making of restraining order
- 234 Undertakings
- 235 Ancillary orders
- 236 Charge on property subject to restraining orders
- 237 Registration of restraining orders
- 237A Recovery of costs of registering charge on land
- 237B Recovery of costs of lodging caveat
- 238 Contravention of restraining orders
- 239 Court may revoke restraining order
- 240 Time when restraining order ceases to be in force
- Division 5 Sentencing
- Division 6 Continuing offences
- Part 8.3 Court orders in connection with offences
- 243 Operation of Part
- 244 Orders generally
- 245 Orders for restoration and prevention
- 246 Orders for costs, expenses and compensation at time offence proved
- 247 Recovery of costs, expenses and compensation after offence proved
- 248 Orders regarding costs and expenses of investigation
- 249 Orders regarding monetary benefits
- 250 Additional orders
- 250A Prohibiting a person from holding a licence
- 251 Offence
- Part 8.3A Civil proceedings to recover particular monetary benefits
- Part 8.4 Civil proceedings to remedy or restrain breaches of Act or harm to environment or enforce undertakings
- Part 8.5 Evidentiary provisions
- 254 Definitions
- 255 Evidence of threshold tests for scheduled activities
- 256 Onus of proof of certain matters
- 257 Occupier of premises responsible for pollution from premises
- 258 Evidence relating to occupier of premises
- 259 Proof of certain appointments not required
- 260 Documentary evidence generally
- 261 Certificate evidence of certain matters
- 262 Evidence of analysts
- 262A Evidence from photographs and other images
- Part 8.6 Noise—special provisions
- Chapter 9 Miscellaneous
- Part 9.1 Exemptions
- 284 Exemptions by EPA in emergencies and other situations
- 285 Exemption for fire brigades and other emergency services
- 286 Exemptions by regulation
- 286A Offence regarding resource recovery orders
- 286B Records relating to resource recovery exemptions and orders
- 286C Information or records under resource recovery exemption or order
- Part 9.2 Appeals
- 287 Appeals regarding licence applications and licences
- 288 Appeals regarding notices under section 86 relating to work at premises
- 289 Appeals against prevention notices
- 289A Appeals regarding notices under section 144AC relating to use of approved GPS tracking devices
- 290 Appeals regarding noise
- 291 Appeals regarding decisions under the regulations
- 292 Determination of appeals
- Part 9.3 Economic measures
- Part 9.3A Tradeable emission schemes
- 295A Definitions
- 295B Tradeable emission schemes
- 295C Regulations relating to tradeable emission schemes
- 295D Licence conditions
- 295E Imposition of penalties for contravention of scheme
- 295F Other action that may be taken by EPA
- 295G Participation in scheme by EPA
- 295H Cost recovery
- 295I Tradeable Emission Schemes Fund
- 295J Exercise of scheme functions by other persons and bodies
- 295K Liability for operation of scheme
- 295L Application of Duties Act 1997
- Part 9.3B Green offsets
- 295M Definitions
- 295N Licence conditions
- 295O Green offset schemes
- 295P Green offset works
- 295Q Regulations relating to green offsets
- 295R Action that may be taken by EPA in relation to green offset schemes or works
- 295S Administrative costs
- 295T Payment of contributions
- 295U Green Offsets Fund
- 295V Exercise of scheme functions by other persons and bodies
- 295W Liability for operation of scheme
- 295X Application of Duties Act 1997
- Part 9.3C Environmental monitoring
- Part 9.3D Pollution incidents—analysis of risk
- Part 9.3E Chemicals
- Part 9.4 Financial assurances
- 297
- 297A Purpose of this Part
- 297B Definition of “conditions” of licence
- 298 Requiring financial assurances
- 299 Restriction on requiring financial assurance
- 300 Amount of financial assurances
- 301 Guidelines about financial assurances
- 302 Carrying out of work or program when licensee fails to do so
- 303 Claim on or realising of financial assurance
- 304 Lapsing of financial assurance
- 305 Liability of appropriate regulatory authority, State and others
- 306 Financial assurance not to affect other action
- 307 Disputes regarding call on or use of financial assurance
- Part 9.4A Restrictions and covenants on land
- Part 9.5 Public register
- Part 9.6 Formal inquiries
- Part 9.7 Other miscellaneous provisions
- 315 Act to bind Crown
- 316 Resolution of disputes between EPA and public authorities
- 317 Appointment of persons to exercise certain functions
- 318 Exercise of local authority’s licensing functions by EPA
- 319 Disclosure of information
- 319A Continuing effect of notices and conditions
- 319B Public warning statements
- 320 Disclosure of monitoring data
- 320A False representations
- 321 Service of documents
- 322 Effect of this Act on other rights, remedies and proceedings
- 323 Regulations
- 324 Repeals
- 325 (Repealed)
- 326 Savings, transitional and other provisions
- 327 Review of Act
- Schedule 1 Scheduled activities
- Schedule 2 Regulation-making powers
- Schedule 2A Enforcement of gas and other petroleum legislation
- Schedule 3 Repeals
- Schedule 4 (Repealed)
- Schedule 5 Savings, transitional and other provisions
- Schedule 6 Dictionary
- Historical notes
Protection of the Environment Operations Act 1997 No 156
Current
version
for 9 August 2024
to date
(accessed 7 December 2024 at 03:19)
Status information
Currency of version
Current
version
for 9 August 2024
to date
(accessed 7 December 2024 at 03:19)
Legislation on this site is usually updated within 3 working days after a change to the legislation.
Provisions in force
The provisions displayed in this version of the legislation have all commenced. See
Historical Notes
Does not include amendments by—
Protection of the Environment Legislation Miscellaneous Amendments Act 2017 No 21, Sch 3 [1] [2] [4] [11]–[13] and [15] (not commenced)
Protection of the Environment Legislation Miscellaneous Amendments Act 2017 No 21, Sch 3 [1] [2] [4] [11]–[13] and [15] (not commenced)
Responsible Minister
Minister for Climate Change, jointly with the Minister for the Environment
Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the
Interpretation Act 1987.