Section comparison table - 2021 and 2022 General Regulation

Chapter 1

Preliminary

Chapter 1

Preliminary

1

Name of Regulation

1

Name of Regulation

2

Commencement

2

Commencement

3

Interpretation

3

Interpretation

4

Use of examples

Chapter 2

Environment protection licences

Chapter 3

Environment protection licences

Part 1

Licence Fees

Part 1

Licence Fees-the Act, s 57 and Sch 2, cl 9

Division 1

Preliminary

Division 1

Preliminary

4

Definitions

5

Licence fee period

19

Licence fee period

6

Changes in licence fee period

20

Licence fee period - change

Division 2

Application fees and annual licence fees

21

Application fee-the Act, s 53

7

Annual licence fee

23

Annual licence fee

Division 2

Administrative fees

Division 3

Administrative fees

8

Administrative fee must accompany application

9

Amount of administrative fee unit

18

Administrative fee unit

10

Calculating amount of administrative fee

24

Steps for calculating administrative fee

11

Environmental management calculation protocol

25

Environmental management calculation protocol

12

Determination of environmental management category–insufficient information provided

26

Environmental management category if insufficient information provided

13

Change in environmental management category–adjustment of administrative fee

27

Change in environmental management category – adjustment of administrative fee

14

Refunds if application refused or withdrawn

22

Application fee-refunds

15

Refunds and waivers–licence holders

29

Refunds and waivers

Division 3

Load-based fees

Division 4

Load-based fees-general-the Act, s 57 and Sch 2, cl 9

16

Objects of load-based licensing scheme

31

Objects of load-based licensing scheme

17

Circumstances in which no load-based fee payable

18

Requirement to calculate and record actual load

32

Licence holders must calculate and record actual load of assessable pollutants discharged

Division 5

Load-based fees-calculation-the Act, s 57 and Sch 2, cl 9

19

Calculation of load-based fee

39

Steps for calculating load-based fee

20

Determining the assessable load–Step 2 of load-based fee calculation

40

Step 2-Calculating assessable load for assessable pollutants

21

Fee rate thresholds–Step 3 of load-based fee calculation

41

Step 3-Calculating fee rate thresholds for assessable pollutants

22

Calculating the fee of each assessable pollutant–Step 4 of load-based fee calculation

42

Step 4-Calculating fee for assessable pollutants

22(5)

Calculating the fee of each assessable pollutant–Step 4 of load-based fee calculation

43

Step 4-Pollutant critical zone weightings

22(7)

Calculating the fee of each assessable pollutant–Step 4 of load-based fee calculation

45

Step 4–Pollutant fee unit amount

22(8)

Calculating the fee of each assessable pollutant–Step 4 of load-based fee calculation

44

Step 4–Pollutant weightings

22(9)

Calculating the fee of each assessable pollutant–Step 4 of load-based fee calculation

Schedule 10

Dictionary

23

Nitrogen oxides or VOCs discharged in Sydney basin area in summer–Step 6 of load-based fee calculation

46

Step 6–Nitrogen oxides or VOCs discharged in Sydney basin area in summer

24

Load calculation protocol

33

Load calculation protocol

25

Determination of load-based fee – insufficient information provided

35

EPA to decide load-based fee amount if insufficient information provided

26

Aggregation of licences–“bubble licence arrangements”

34

“Bubble licence arrangements”–aggregating licences

27

Refunds–errors in calculations

37

Refunds for calculation errors about assessable loads

Division 4

Load reduction agreements and fee reductions

Division 6

Load-based fees-load reduction agreements-the Act, s 57 and Sch 2, cl 9

28

Definitions

Schedule 10

Dictionary

29

Effect and term of load reduction agreement

50(1)

Effect

30

Applications for load reduction agreements

47

Applications

31

Content of load reduction agreements

48

Content

32

Amendment of load reduction agreement

49

Amendment

33

Agreement of no effect without condition in licence

50(2)

Effect

34

Termination of agreement

51

Termination

35

Amounts payable on termination or expiration

52

Amounts payable on termination or expiration

36

When amounts must be paid

53

When amounts must be paid

37

Payment by instalments

54

Payment by instalments

38

Effect of transfer of licences on load reduction agreements

55

Effect of transfer of licences

Division 5

Time for payment and penalties for late payment

39

Administrative fee

30

Late payment penalty and refunds

40

Load-based fee

23(b), 38(1) and (2)

Late payment penalty and refunds

41

Refunds and waivers–penalties for late payment

38 (3) and (4)

Late payment penalty and refunds

Division 6

Change in activity classification or scale

42

Application of Division

28(1)(a)

Administrative fee increase–change in activity classification or scale

43(1)

Adjustment of administrative fee

-

-

43(2)-(5)

Adjustment of administrative fee

28

Administrative fee increase-change in activity classification or scale

44

Adjustment of load-based fee

36

Load-based fee adjustment-change in activity classification or scale

Part 2

Load-based Licensing Technical Review Panel

Part 2

Load-based Licensing Technical Review Panel – the Act, Sch 2, cl 19

45

Constitution

56

Constitution

46

Members

57

Members

47

Functions

58

Functions

48

Membership and procedure

59

Membership and procedure

Part 3

Miscellaneous licensing provisions

Part 3

Miscellaneous licensing provisions

49

Scheduled development work

60

Scheduled development work-the Act, s 47

50

Commencement of licensing for existing activities

61

Commencement of licensing for existing activities-the Act, s 52

51

Exclusion of Part 5 of EPA Act

62

Exclusion of EP&A Act, Part 5-the Act, s 52

52

Statement of reasons for grant or refusal of licence

63

Statement of reasons for grant or refusal of licence-the Act, ss 61 and 80

53

Fee for transfer of licence

64

Fee for transfer of licence-the Act, s 54

54

Refusal of certain licence applications

65

Refusal of certain licence applications-the Act, Sch 2, cl 8

55

Fit and proper persons

66

Fit and proper persons-the Act, s 83

56

Other relevant legislation

67

Other relevant legislation-the Act, s 83

57

Application of payments

68

Application of payments-the Act, Sch 2, cl 9

58

Preservation of records

69

Preservation of records-the Act, Sch 2, cl 9

Chapter 3

Water pollution

Chapter 6

Exemptions-the Act, s 286

Part 1

Exemptions

Part 1

Exemptions from prohibition on water pollution

59

Pollutants discharged from Victorian premises into Murray

85

Pollutants discharged from Victorian premises into Murray River

60

Pollutants discharged into sewer

86

Pollutants discharged into sewer

61

Sewage discharged from vessels

87

Sewage discharged from vessels

62

Operation of engines propelling vessels

88

Operation of engines propelling vessels

63

Cold water releases

89

Cold water releases

Part 2

Other

Part 2

Pollution matters

64

Methodology for testing for matter in waters

131

Pollution–testing methodology, the Act, Sch 2, cl 12

65

Emergency prohibition or regulation–safety of drinking water

132

Water pollution–emergency prohibition or regulation for drinking water safety-the Act, Sch 2, cl 13

Chapter 4

National Pollutant Inventory

Chapter 8

National Pollutant Inventory-the Act, Sch 2, cl 10A

Part 1

Preliminary

Part 1

Preliminary

66

Objects of Chapter

116

Object

67

Definitions

117

Definitions

68

Occupiers to whom Chapter applies

118

Application–occupiers of certain reporting facilities

Part 2

Reporting and record keeping requirements

Part 2

Reporting and record keeping requirements

69

Collection of data from reporting facilities

119

Occupier must provide reporting facility data to EPA

70

Occupier must keep data for period of 4 years

120

Occupier must keep data for 4 years

Part 3

Estimation techniques

Part 3

Estimation techniques

71

Emission and transfer estimation techniques

123

Estimation techniques–emission and mandatory transfer data

72

Application for approval of estimation technique

124

Application for approval of estimation technique

73

Determination of application

125

Deciding application

Part 4

Exemptions from reporting requirements

74

National security

121

Exemption from reporting requirement–national security

75

Commercial confidentiality

122

Exemption from reporting requirement–commercial confidentiality

Chapter 5

Vehicle testing and inspection

Chapter 5

Vehicle testing and inspection-the Act, Sch 2, cl 4

76

Definitions

76

Definitions

77

Approved mechanics

77

Approved mechanics

78

Approved inspection stations

78

Approved inspection stations

79(a)

Maximum fee for test or inspection

80

Maximum fee for test or inspection-motorcycles

79(b)

Maximum fee for test or inspection

79

Maximum fee for test or inspection–motor vehicles other than motorcycles

80

Vehicle inspection reports

81

Approved mechanic’s reports

81

Variation of approvals

82

Variation of approvals

82

Surrender of approvals

83

Surrender of approvals

83

Suspension or revocation of approvals

84

Suspension or revocation of approvals

Chapter 6

Environmental Monitoring

Chapter 7

Environmental monitoring programs-the Act, Part 9.3C

Part 1

Upper Hunter Air Quality Monitoring Network

Part 1

Upper Hunter Air Quality Monitoring Network

84

Preliminary

93

Definitions

85

Objectives of Upper Hunter monitoring program

94

Objectives of Upper Hunter monitoring program

86

Upper Hunter licence holders required to pay environmental monitoring levy

96

Upper Hunter licence holders must pay environmental monitoring levy

87

Calculation of annual levy for Upper Hunter electricity generation licence holders

98

Calculation of annual levy–Upper Hunter electricity generation licence holders

88

Calculation of annual levy for Upper Hunter coal mining licence holders

99

Calculation of annual levy–Upper Hunter coal mining licence holders

89

Calculation of annual levy for first and second levy periods for new Upper Hunter licence holders

98

99

Calculation of annual levy–Upper Hunter electricity generation licence holders

Calculation of annual levy–Upper Hunter coal mining licence holders

89(2)

Calculation of annual levy for first and second levy periods for new Upper Hunter licence holders

97

Calculation of annual levy–first levy period payable

90

Calculation of cost of Upper Hunter monitoring program

95

Cost of Upper Hunter monitoring program

91

Certain Upper Hunter licence holders to pay construction levy

100

Certain Upper Hunter licence holders must pay construction levy

92

Upper Hunter licence holders to provide information to EPA

101

Upper Hunter licence holders must provide information to EPA

93

Upper Hunter licence holders to provide assistance to EPA

102

Upper Hunter licence holders must provide assistance to EPA

94

EPA to publish results of air quality monitoring in Upper Hunter

103

EPA must publish results of air quality monitoring in Upper Hunter

95

EPA to report on Upper Hunter monitoring program

104

EPA must report on Upper Hunter monitoring program

Part 2

Newcastle Local Air Quality Monitoring Network

Part 2

Newcastle Local Air Quality Monitoring Network

96

Definitions

105

Interpretation

97

Determining emissions

106

Emissions

98

Objectives

107

Objectives of Newcastle monitoring program

99

Licence holders required to pay levy

108

Newcastle licence holders must pay levy

100

Calculation of annual levy

109

Calculation of annual levy

101

Emissions from vessels to be included in licence holder’s emissions

110

Emissions from vessels to be included in Newcastle licence holder’s emissions

102

Calculation of cost of monitoring program

111

Cost of Newcastle monitoring program

103

EPA may direct licence holder to provide information

112

EPA may direct Newcastle licence holder to provide information

104

Licence holders to provide assistance to EPA

113

Newcastle licence holders must provide assistance to EPA

105

EPA to publish results of monitoring

114

EPA must publish results of air quality monitoring in Newcastle

106

EPA to report on monitoring program

115

EPA must report on Newcastle monitoring program

Chapter 9

Miscellaneous

Chapter 7

Penalty notices

Part 1

Penalty notices

107

Enforcement officers

126

127

128

Definition

Authorisation of enforcement officers by organisation-the Act, s 226

Limits on exercise of functions by enforcement officers-the Act, s 226

107(5)

Enforcement officers

Sch 6, cl1(3)

Application of Schedule

107(6)

Enforcement officers

Sch 6, cl 2

The classes of enforcement officers

108

Issue of penalty notices to owners of vehicles or vessels

129

Penalty notices issued on owners of vehicles or vessels-the Act, Sch 2, cl 4

109

Issue of penalty notices to masters of vessels

130

Penalty notices issued to masters of vessels-the Act, Sch 2, cl 4

Chapter 8

Miscellaneous

Part 1

Appropriate regulatory authority

Chapter 2

Appropriate regulatory authority-the Act, s 6

110

Definitions

5

Definitions

111

Transport for NSW

6

Transport for NSW – non-scheduled activities involving non-pilotage vessels

112

Secretary of the Department of Planning, Industry and Environment

7

Planning Secretary-non-scheduled activities in Kosciuszko National Park

113

Burning of bio-material in electricity generating works

8

EPA-burning of bio-material in electricity generating works

113A

Energy recovery from thermal treatment of waste

9

EPA-energy recovery from thermal treatment of waste

114

Light rail infrastructure

10

EPA-construction and operation of light rail infrastructure

115

Outdoor entertainment activities

11

EPA-outdoor entertainment activities

116

Entertainment activities at Sydney Olympic Park

12

EPA and Sydney Olympic Park Authority-entertainment activities at Sydney Olympic Park

117

Underground petroleum storage systems–EPA ceasing to be appropriate regulatory authority in relation to certain premises

16

Transitional–EPA–underground petroleum storage systems

118

EPA–non-scheduled activities

13

EPA-certain non-scheduled activities

119

Waste activities licensed before substitution of Schedule 1

17

Transitional–EPA-licensed waste activities

120

Discharge of PFAS firefighting foam

14

EPA-discharge of PFAS firefighting foam

120A

Kooragang Island premises

15

EPA-Kooragang Island premises

Part 2

Exemptions from provisions of Act or regulations

Part 2

Other exemptions

121

Prohibition on placing advertising material on vehicles

90

Exemption from prohibition on placing advertising material on vehicles - brochures

122

Noise control–Luna Park site

91

Exemption from prohibitions on noise pollution – Luna Park site activities

123

Road tunnel emissions (licence limited to air pollution from stack)

92

Exemptions for road tunnel emissions licences

124

PFAS firefighting foam pollution prevention measures–exemptions granted by EPA

150

Exemptions granted by EPA-the Act, s 286

Part 3

Burning of bio-material in electricity generating works

Part 3

Burning of bio-material in electricity generating works-the Act, Sch 2 cII 5, 6 and 6A

125

Definitions

138

Definitions

126

Must not use native forest bio-material to generate electricity

139

Must not use native forest bio-material to generate electricity

127

Exemption to prohibition on burning native forest bio-material to generate electricity

140

Exemption to prohibition on burning native forest bio-material to generate electricity

128

Record keeping

141

Record keeping

Part 3A

Energy Recovery from thermal treatment of waste

Part 4

Energy recovery from thermal treatment of waste-the Act, Sch 2 cII 5, 6, and 6A

128 A

Definitions

142

Definitions

128 B

Prohibition on energy recovery from thermal treatment of waste

143

Prohibition on energy recovery from thermal treatment of waste

128 C

Exceptions to prohibition on energy recovery from thermal treatment of waste

144

Exceptions to prohibition on energy recovery from thermal treatment of waste

128 D

Effect of prohibition on environment protection licences

145

Effect of prohibition on environment protection licences

Part 4

Pollution incident response management plans

Chapter 4

Pollution incident response management plans

129

Definition

70

Definition

130

Form of plan

71

Form of plan-the Act, s 153C

131 (1)

Additional matters to be included in plan-General

72

General licences–additional matters to be included in PIRM plan-the Act, s 153C

131(2)

Additional matters to be included in plan–Trackable waste transporters

73

Licences for transporting trackable waste-additional matters to be included in PIRM plan-the Act, s 153C

132

Availability of plan

74

Availability of PIRM plan-the Act, s 153D

133

Testing of plan

75

Testing of PIRM plan-the Act, s 153E

Part 5

PFAS firefighting foam–pollution prevention measures–Schedule 2, clause 15(1) of the Act

Part 5

PFAS firefighting foam–pollution prevention measures

134

Definitions

146

Definitions

135

Discharge of PFAS firefighting foam in training

147

Discharge of PFAS firefighting foam in training-the Act, Sch 2, cl 15

136

Discharge of PFAS firefighting foam

148

Discharge of PFAS firefighting foam-the Act, Sch 2, cl 15

137

Sale of portable fire extinguishers containing precursor to PFAS firefighting foam

149

Sale of portable fire extinguishers containing precursor to PFAS firefighting foam-the Act, Sch 2, cl 15

Part 6

Other

Part 5

Other

138

Fee for clean-up, prevention and noise control notices

151

Fee for clean-up, prevention and noise control notices

139

Defences relating to pesticides, fertilisers and other substances

134

Land pollution–defences relating to pesticides, fertilisers and other substances-the Act, s 142D

140

Notification of pollution incidents

137

Pollution incidents-notification-the Act, s 149

141

Protocol for determining amount representing monetary benefits

152

Protocol for calculating amount representing monetary benefits-the Act, s 249

142

Warrants relating to noise abatement directions

135

Noise pollution–form of warrants for noise abatement directions-the Act, s 280

143

Appeals regarding noise

136

Noise pollution–time for appeals against noise control notices-the Act, s 290

144

Evaluation of green offset schemes or works

154

Evaluation of green offset schemes or works-the Act, s 295Q

145

Additional restriction on requiring financial assurances

155

Additional restriction on requiring financial assurances-the Act, s 299

146

Additional matters to be included in public register

156

Additional matters to be included in public register-the Act, s 308

147

Keeping of register–certain non-scheduled activities

157

Keeping of register–certain non-scheduled activities

148

Definition of “land pollution”

133

Land pollution-the Act, Dictionary

149

Repeal and saving

158

Repeal and saving

Schedule 1

Licensing fees

Schedule 1

Licensing fees

Schedule 2

Load-based fee calculation

Schedule 2

Load-based fee calculation

Schedule 3

Open coastal waters

Schedule 3

Open coastal waters

Schedule 4

Membership and procedure of Review Panel

Schedule 4

Membership and procedure of Review Panel

Schedule 5

Prescribed matter for the definition of water pollution

Schedule 5

Prescribed matter for the definition of water pollution

Schedule 6

Penalty notice offences

Schedule 6

Penalty notice offences

Schedule 7

Forms relating to noise abatement directions

Schedule 7

Forms relating to noise abatement directions

Schedule 8

Savings and transitional provisions

Schedule 8

Savings and transitional provisions

Schedule 9

Amendment of Protection of the Environment Operations Act 1997 No 156

Schedule 10

Dictionary