Healthy Environment, Healthy Community, Healthy Business

Environment Protection Authority

Regulation summaries

This page contains summaries of regulations administered by the Environment Protection Authority (EPA). Under each regulation name there are also links to the full text of the regulation (from the NSW legislation website) and, where available, further information relevant to the operation of the regulation.

Contaminated Land Management Regulation 2013

Full text | More about contaminated land

This Regulation:

  • Provides for the recovery of administrative costs by the EPA in connection with orders and proposals made under the Act;
  • Provides for the accreditation of site auditors; and
  • Prescribes certain offences as penalty notice offences and prescribes penalty notice amounts.

Dangerous Goods (Road and Rail Transport) Regulation 2014

Full Text | More about transporting dangerous goods

This Regulation:

  • Gives effect to the standards, requirements and procedures of the seventh edition of the Australian Dangerous Goods Code so far as they apply to the transport of dangerous goods;
  • Provides for the transport, packaging, consignment, bulk transfer and documentation of dangerous goods;
  • Defines safety standards for certain vehicles and equipment;
  • Provides for administrative determination and approvals;
  • Provides for the licensing of both vehicles and drivers transporting dangerous goods;
  • Requires insurance in respect of the transport of certain dangerous goods;
  • On the above matters variously specifies the separate duties of the owners, consignors, packers, loaders, prime contractors, rail operators, train drivers, vehicle drivers and transferors; and
  • Prescribes certain offences as penalty notice offences and prescribes penalty notice amounts.

Environmentally Hazardous Chemicals Regulation 2008

Full text | More about chemicals

This Regulation:

  • Sets various fees in relation to assessments of technology and prescribed activities by the EPA and in relation to licences to carry on prescribed activities;
  • Specifies the matters to be included in applications for assessment of prescribed activities, in EPA notices about assessments of chemicals, and in EPA notices about applications for licences and transfers of licences;
  • Provides for the appointment of alternate members of the Hazardous Chemicals Advisory Committee;
  • Provides for the time within which certain appeals under the Environmentally Hazardous Chemicals Act 1985 may be made; and
  • Prescribes the information to be included in registers under the Act.

Pesticides Regulation 2009

Full text | More about pesticides

This Regulation:

  • Requires users of pesticides for commercial and occupational purposes, or in connection with agricultural, farming or forestry operations, to make and keep records of pesticide use and be trained to particular levels of competency in pesticide use;
  • Requires certain pesticide users to give notice of pesticide use;
  • Sets the licence fees for the aerial application of pesticides, and sets out the particulars to be included with the application for such licences;
  • Prescribes the qualifications required to obtain a pilot (pesticide rating) licence;
  • Prescribes certain substances as restricted substances and prescribed produce for the purposes of the Pesticides Act 1999 in relation to agricultural produce; and
  • Prescribes certain offences as penalty notice offences and prescribes penalty notice amounts.

Protection of the Environment Administration Regulation 2012

Full text

This Regulation:

  • Specifies matters that EPA Board members must disclose and the manner in which those disclosures must be made; and
  • Requires a register of disclosures be kept.

Protection of the Environment Operations (Clean Air) Regulation 2010

Full text | More about air | More about the Clean Air Regulation

This Regulation:

  • Provides for the certification of domestic solid fuel heaters;
  • Controls burning generally by imposing an obligation to prevent or minimise emissions, by prohibiting the burning of certain articles and requiring approval for certain fires/incinerators;
  • Requires the fitting of anti-pollution devices to certain motor vehicles and prescribes an offence of emitting excessive air impurities;
  • Imposes certain requirements and standards on the supply of petrol;
  • Prescribes standards for certain groups of plant and premises to regulate industry’s air impurity emissions; and
  • Imposes requirements on the control, storage and transport of volatile organic liquids.

Protection of the Environment Operations (General) Regulation 2009

Full text | More about licensing

This Regulation:

  • Provides for the administration of environment protection licences,
  • Establishes the method of calculating licence fees, including load based licence fees, and environmental protection notice fees.
  • Establishes the Load Based Licensing Technical Review Panel;
  • Prescribes certain matters for the purposes of the definition of water pollution
  • Gives effect to and requires compliance with the National Environment Protection (National Pollutant Inventory) Measure made under the National Environment Protection Council Act 1994 (Cth);
  • Creates the Upper Hunter Air Quality Monitoring Network;
  • Prescribes requirements in respect of pollution incident response management plans Prescribes the appropriate regulatory authority for certain activities;
  • Creates exemptions from certain provisions of the Protection of the Environment Operations Act 1997; and
  • Prescribes certain offences as penalty notice offences and prescribes penalty notice amounts.

Protection of the Environment Operations (Hunter River Salinity Trading Scheme) Regulation 2002

Full text | More about emissions trading

This Regulation:

  • Formally establishes a tradeable emission scheme to manage discharges of saline water in the Hunter River catchment;
  • Gives effect to the scheme through a credit trading system to regulate the timing and quantity of the discharges; and
  • Establishes detailed rules to facilitate the functioning of the scheme.

The Hunter River Salinity Trading Scheme is based on a pilot scheme conducted since 1995.

Protection of the Environment Operations (Noise Control) Regulation 2008

Full text | More about noise

This Regulation:

  • Provides for the sale and use of various motor vehicle and motor vehicle accessories devices such as horns and alarms;
  • Regulates noise emitted as a result of the use of marine vessels;
  • Prohibits the selling of certain articles that emit noise above prescribed levels, such as lawn mowers, edge-cutters, string trimmers and brush cutters;
  • Requires labelling of certain other noise emitting articles such as chainsaws, air conditioners, air compressors, pavement breakers, garbage compactors; and
  • Provides for the inspection and testing of certain articles.

Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2014

Full text | More about underground petroleum storage systems

This Regulation:

  • Provides for the commissioning and decommissioning of underground storage systems;
  • Requires the use of secondary leak detection;
  • Regulates the use of underground petroleum storage systems;
  • Prescribes certain records to be kept; and
  • Allows the EPA to issue, guidelines for the purposes of the Regulation.

The EPA is the appropriate regulatory authority for all matters under this Regulation until 1 June 2017 after which it will be the relevant local authority.

Protection of the Environment Operations (Waste) Regulation 2014

Full text | More about waste

This Regulation:

  • Provides for the contributions to be paid by the occupiers of scheduled waste facilities for each tonne of waste received at the facility or generated in a particular area;
  • Exempts certain occupiers or types of waste from these contributions;
  • Allows rebates to be claimed in relation to certain types of waste;
  • Provides for certain reporting and record-keeping requirements in relation to scheduled waste facilities and scheduled landfill sites;
  • Exempts certain waste streams from the full waste tracking and recordkeeping requirements;
  • Makes requirements relating to the transport of waste to interstate destinations;
  • Makes special requirements including reporting requirements relating to asbestos waste as well as prohibiting the re-use and recycling of asbestos waste;
  • Imposes requirements on brand owners and retailers to recover, re-use and recycle packaging;
  • Allows the EPA to issue exemptions from certain provisions of the Act and Regulations;
  • Allows the EPA to approve the immobilisation of contaminants in waste; and
  • Makes it an offence to apply, or to cause or permit the application of, residue waste to land that is used for the purpose of growing vegetation, subject to any exemptions.

Radiation Control Regulation 2013

Full text | More about radiation

This Regulation:

  • Prescribes certain matters in relation to the definitions of radioactive ore, radioactive substance and security enhanced source;
  • Sets fees in relation to radiation licences, accreditations and approvals (including variations and renewals);
  • Prescribes exemptions to licensing and accreditation requirements for certain substances, apparatus, devices and persons;
  • Prescribes requirements with respect to security plans, security measures and identity checking;
  • Provides for radiation safety and public health in respect of radiation in the workplace, monitoring, exposure as a result of research, disposal and transport and accidents;
  • Regulates the disposal and transport of radioactive substances and radiation apparatus (regulated material);
  • Requires the notification of radiation accidents, and the loss or theft of regulated material;
  • Prohibits the provision of commercial cosmetic tanning services from 31 December 2014; and
  • Prescribes certain offences as penalty notice offences and prescribes penalty notice amounts. 

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Page last updated: 17 November 2014