What's in the public register?

Section 308(2) of the Protection of the Environment Operations Act 1997 (POEO Act) defines what must be in the Public Register. This page explains where and how you can find the information listed that section.

(a) Details of each licence application made to that authority

Under the POEO Act, licence application is defined as 'an application for the issue, transfer or variation of a licence'. Search under 'Applications' in the 'Licences, applications and notices search' for details of new licence applications and for details of applications by existing licence holders to vary their licence, or transfer the licence to another entity.

(b) Details of each decision of that authority made in respect of any such licence application

The EPA's decision in relation to an application for a new licence is either to issue the licence or to refuse the application. Search under 'Applications' in the 'Licences, applications and notices search' to see if an application for a new licence has been approved, refused or is still pending. 

An application to vary a licence is approved by the issue of a Notice. Search under 'Notices' for details of decisions regarding applications to vary a licence. Follow the links, where applicable, attached to individual licences. 

An application to transfer a licence is granted by the issue or transfer of the licence concerned. Search under 'Licences' for individual licences.

(c) Details of each licence issued by that authority

Details and a copy of each environment protection licence are available by searching under ’Licences’ in the ‘Licences, applications and notices search’.

(d) Details of each variation of the conditions of any such licence

A licence holder may apply to the EPA to vary a licence. The EPA can also choose to vary the conditions of a licence, usually in consultation with the licence holder. A licence is varied by the issue of a notice that adds, removes or amends licence conditions.

Search under ’Notices’ in the ‘Licences, applications and notices search’ for details of each licence variation or follow the links, where applicable, at each individual licence screen.

(d1) Details of each mandatory environmental audit under Part 6.2 of the Act undertaken in relation to a licence

The EPA may put conditions on a licence requiring the licence holder to undertake a mandatory environmental audit.

Search under ‘Audits’ in the ‘Licences, applications and notices search’ for details of mandatory environmental audits.

(d2) Details of each pollution study required by a condition of a licence

The EPA may put conditions on a licence requiring the licence holder to undertake and submit a study into any aspect of the environmental impact of the activity controlled by the licence.

Search under ‘Pollution studies and reduction programs’ in the ‘Licences, applications and notices search’ for any licences that have conditions requiring a pollution study. 

(d3) Details of each pollution reduction program required by a condition of a licence

The EPA may put conditions on a licence requiring the licence holder to develop and submit a pollution reduction program and comply with the pollution reduction program determined by the EPA.

Search under ‘Pollution studies and reduction programs’ in the ‘Licences, applications and notices search’ for any licences that have conditions requiring a pollution reduction program.

(e) Details of each decision of that authority to suspend, revoke or approve the surrender of any such licence (including details of any conditions to which it is subject)

Licences can be suspended or revoked by the EPA at any time. Similarly, licence holders can apply to the EPA to have their licences surrendered if they no longer require them. A notice will be issued to the licence holder to suspend, revoke or notify the EPA's approval to surrender a licence.

Search under 'Notices' in the ‘Licences, applications and notices search’ for details of any such decisions or follow the links, where applicable, at each individual licence screen.

(f) Details of information supplied in accordance with a condition of any such licence certifying compliance with the conditions of the licence

All licensees are required to supply the EPA with details of any non-compliances with their licence conditions within 21 days after the licensee becomes aware of the non-compliance. These reports are displayed on the public register under the details at each individual licence screen.

(g) The date of completion of each review of any such licence by that authority under section 78

Under the POEO Act, the EPA is required to review each licence regularly. The date of completion of the licence review is available from each individual licence screen.

(g1) the date of each notice of review of a licence published in accordance with section 78 (2)

Under the POEO Act the EPA is required to give public notice on the EPA website of the licences that are to be reviewed, not less than 1 month and not more than 6 months, before the review is to be undertaken.

Go to Notice of Review of environment protection licences  for the notification of upcoming licence reviews.

(h) Details of each environment protection notice or noise control notice issued by that authority

Environment protection notices (under POEO Act Chapter 4) include clean-up, prevention or prohibition notices.

Search under ’Notices’ in the ‘Licences, applications and notices search’ for environment protection notices and noise control notices or follow the links where applicable at each individual licence screen.

(h1) Details of each order published under section 133

The EPA may prohibit the burning of fires in the open or in specified classes of incinerators via an order under section 133 of the POEO Act.

Search under ‘Notices’ in the ‘Licences, applications and notices search’ for details of any prohibition of burning orders.

(i) Details of any exemption granted under Part 9.1

Under Part 9.1 of the POEO Act, the EPA can grant an exemption to any person allowing them to not comply with a part of the Act or Regulations. Similar provisions also existed under previous legislation and those exemptions that have not yet expired are available on the Public Register.

Search in the 'Exemptions and Approvals search' for details of current exemptions.

(i1) details of each chemical use notice published under Part 9.3E, Division 2

Under Part 3.2E, Division 2 the EPA may publish an order requiring a person to give information in relation to a chemical, a chemical use order, if:

  • the chemical is listed in the NSW IChEMS register, or
  • a chemical control order is in force for the chemical, or
  • the chemical, in the EPA’s opinion, has the potential to present a risk of harm to the human health or the environment.

Search ‘Notices’ in the ‘Licences, applications and notices search’ for details of published chemical use notices orders.

(i2) details of each chemical control order published under Part 9.3E, Division 3

Under Part 9.3E, Division 3, the EPA may make an order prohibiting or regulating one or more of the following activities in relation to a chemical:

  • manufacturing or processing
  • keeping or storing
  • distributing or transporting
  • using
  • selling or disposing of the chemical
  • or an activity relating to an activity relating to an activity listed above.

Go to Chemical control orders for details of published chemical control orders.

(j) Details of any convictions in prosecutions under this Act instituted by that authority

Details of conviction in prosecutions can be found in the ‘Prosecutions or civil proceedings search’.

(j1) Details of each penalty notice issued by that authority

Details of penalty notices issued by the EPA can be found under ‘Notices’ in the ‘Licences, applications and notices search’.

(k) The results of civil proceedings before the Land and Environment Court under this Act by or against that authority

Details of results of civil proceedings be found in the ‘Prosecutions or civil proceedings search’.

(l) A summary of the conclusions of any audit report in connection with a mandatory environmental audit under Part 6.2 that is supplied to that authority

The POEO Act allows the EPA to require a licence holder to undertake an independent environmental audit of their premises or operation.

Select ‘Audit’ in the ‘Licences, applications and notices search’ to view details of mandatory environmental audits.

The audit details will also appear in the licence summary if any audit report is available.

(m) Details of such other matters as are prescribed by the regulations (relating to licences or other matters under or relevant to this Act)

Section 156 of the POEO (General) Regulation prescribes that details of the application fee and the annual licence fee (which includes the Load Based Licensing fee) be available in the Public Register. This information will appear in the individual licence summary.

Section 156 also provides that details of any approval granted under sections 11, 18, 53, 72, 77 and 162 of the Protection of the Environment Operations (Clean Air) Regulation is to be available in the Public Register.