Draft Amendment to Protection of the Environment Operations Regulation (Scheduled Activities) 2016: Public exhibition

The public exhibition period for the draft Protection of the Environment Operations Legislation Amendment (Scheduled Activities) Regulation 2016 has now ended.

The Environment Protection Authority (EPA) is reviewing the submissions received on the draft Protection of the Environment Operations Legislation Amendment (Scheduled Activities) Regulation 2016 (Amendment Regulation) and will consider them in the next stage of the amendment process.

The Amendment Regulation will amend Schedule 1 of the Protection of the Environment Operations Act 1997 and Schedule 1 of the Protection of the Environment Operations (General) Regulation 2009 to modify the descriptions of certain scheduled activities (for which an environment protection licence is needed) and to modify the manner of determining licences fees for certain scheduled activities.

This Amendment Regulation contains provisions to modify the descriptions of

  • crushing, grinding or separating, so that this activity does not need to be separately listed on an environment protection licence if it occurs as part of railway construction or road construction
  • dairy animal accommodation, a category of livestock intensive activities, so that it relates to milking facilities and areas immediately around those facilities only 
  • extractive activities, to abolish the distinction between land-based and water-based extraction, to only require a licence when extractive materials are to be sold, to not require licensing for cut and fill operations or the excavation of foundations ancillary to development with development consent and to require a licence for any dredging
  • railway system activities which will be split into three separate scheduled railway activities: railway infrastructure construction, railway infrastructure operation and rolling stock operation
  • road construction to include activities ancillary to the construction of roads
  • petroleum products and fuel production, to exclude the blending of additives and petrol at individual service stations
  • contaminated soil treatment definition, to include contaminated sediment
  • amendments to certain waste provisions, including resource recovery and waste processing and storage
  • the manner of determining licensing fees for road construction and railway construction will also be modified.
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