Remake of the Protection of the Environment Operations General and Clean Air Regulations 2021

The EPA has remade the Protection of the Environment Operations (Clean Air) Regulation 2010 (Clean Air regulation) and Protection of the Environment Operations (General) Regulation 2009 (General regulation) with minor amendments.

Both Regulations are required to be reviewed every five years which was due by 1 September 2021.

We are undertaking a comprehensive review of the Regulations but due to a number of challenges completion of more comprehensive remakes and consultation on proposed changes will be undertaken in 2022. 

The General Regulation 2021 replaces the 2009 regulation and the Clean Air Regulation 2021 replaces the 2010 regulation, both with small administrative changes, such as updating references to legislation, local government areas, government agency names and removing ‘spent’ provisions. Minor changes to the General Regulation clarify the appropriate regulatory authority, for example, extending the regulatory role of Transport for NSW for non-licensed activities on water to include marine parks. 

Part 6A of the Clean Air Regulation relating to cruise ship fuels has been removed as air emissions from shipping are now addressed by Commonwealth legislation.

This is an interim approach and the Regulations will be replaced by 1 September 2022.

To ensure transparency, as part of the interim approach, Regulatory Impact Statements outlining the current small changes in the Clean Air and General Regulation remakes will be released for feedback by the end of 2021. Feedback received on the interim regulations will be considered as part of the comprehensive review of the Regulations.

Some clause references to the Regulations throughout the website and various EPA publications have not been updated yet and these will be revised once the comprehensive review is finalised and remake Regulations are announced by 1 September 2022.

We have prepared a clause comparison table showing renumbered clauses in the current remade regulations.

Comparison of clause changes

Protection of the Environment Operations (General) Regulation 2009

Protection of the Environment Operations (General) Regulation 2021

 

 

 

 

Current Clause

Name of Clause

New Clause

Name of Clause

Chapter 1

Preliminary

Chapter 1

Preliminary

1

Name of Regulation

1

Name of Regulation

2

Commencement

2

Commencement

3

Definitions

3

Interpretation

Chapter 2

Environment protection licences

Chapter 2

Environment protection licences

Part 1

Licence Fees

Part 1

Licence Fees

Division 1

Preliminary

Division 1

Preliminary

4

Definitions

4

Definitions

5

Licence fee period

5

Licence fee period

6

Changes in licence fee period

6

Changes in licence fee period

7

Annual licence fee

7

Annual licence fee

Division 2

Administrative fees

Division 2

Administrative fees

8

Administrative fee must accompany application

8

Administrative fee must accompany application

9

Amount of administrative fee unit

9

Amount of administrative fee unit

10

Calculating amount of administrative fee

10

Calculating amount of administrative fee

10A

Environmental management calculation protocol

11

Environmental management calculation protocol

10B

Determination of environmental management category – insufficient information provided

12

Determination of environmental management category – insufficient information provided

10C

Change in environmental management category – adjustment of administrative fee

13

Change in environmental management category – adjustment of administrative fee

11

Refunds if application refused or withdrawn

14

Refunds if application refused or withdrawn

12

Refunds and waivers – licence holders

15

Refunds and waivers – licence holders

Division 3

Load-based fees

Division 3

Load-based fees

13

Objects of load-based licensing scheme

16

Objects of load-based licensing scheme

14

Circumstances in which no load-based fee payable

17

Circumstances in which no load-based fee payable

15

Requirement to calculate and record actual load

18

Requirement to calculate and record actual load

16

Calculation of load-based fee

19

Calculation of load-based fee

17

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

20

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

18

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

21

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

19

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

22

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

20

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

23

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

21

Load calculation protocol

24

Load calculation protocol

22

Determination of load-based fee – insufficient information provided

25

Determination of load-based fee – insufficient information provided

23

Aggregation of licences – “bubble licence arrangements”

26

Aggregation of licences – “bubble licence arrangements”

24

Refunds – errors in calculations

27

Refunds – errors in calculations

Division 4

Load reduction agreements and fee reductions

Division 4

Load reduction agreements and fee reductions

25

Definitions

28

Definitions

26

Effect and term of load reduction agreement

29

Effect and term of load reduction agreement

27

Applications for load reduction agreements

30

Applications for load reduction agreements

28

Content of load reduction agreements

31

Content of load reduction agreements

29

Amendment of load reduction agreement

32

Amendment of load reduction agreement

30

Agreement of no effect without condition in licence

33

Agreement of no effect without condition in licence

31

Termination of agreement

34

Termination of agreement

32

Amounts payable on termination or expiration

35

Amounts payable on termination or expiration

33

When amounts must be paid

36

When amounts must be paid

34

Payment by instalments

37

Payment by instalments

35

Effect of transfer of licences on load reduction agreements

38

Effect of transfer of licences on load reduction agreements

Division 5

Time for payment and penalties for late payment

Division 5

Time for payment and penalties for late payment

36

Administrative fee

39

Administrative fee

37

Load-based fee

40

Load-based fee

38

Refunds and waivers – penalties for late payment

41

Refunds and waivers – penalties for late payment

Division 6

Change in activity classification or scale

Division 6

Change in activity classification or scale

39

Application of Division

42

Application of Division

40

Adjustment of administrative fee

43

Adjustment of administrative fee

41

Adjustment of load-based fee

44

Adjustment of load-based fee

Part 2

Load-based Licensing Technical Review Panel

Part 2

Load-based Licensing Technical Review Panel

42

Constitution

45

Constitution

43

Members

46

Members

44

Functions

47

Functions

45

Membership and procedure

48

Membership and procedure

Part 3

Miscellaneous licensing provisions

Part 3

Miscellaneous licensing provisions

46

Scheduled development work

49

Scheduled development work

47

Commencement of licensing for existing activities

50

Commencement of licensing for existing activities

47A

(Repealed)

 

 

48

Exclusion of Part 5 of EPA Act

51

Exclusion of Part 5 of EPA Act

49

Statement of reasons for grant or refusal of licence

52

Statement of reasons for grant or refusal of licence

50

Fee for transfer of licence

53

Fee for transfer of licence

51

Refusal of certain licence applications

54

Refusal of certain licence applications

51A

Fit and proper persons

55

Fit and proper persons

52

Other relevant legislation

56

Other relevant legislation

53

Application of payments

57

Application of payments

54

Preservation of records

58

Preservation of records

Chapter 3

Water pollution

Chapter 3

Water pollution

Part 1

Exemptions

Part 1

Exemptions

55

Pollutants discharged from Victorian premises into Murray

59

Pollutants discharged from Victorian premises into Murray

56

Pollutants discharged into sewer

60

Pollutants discharged into sewer

57

Sewage discharged from vessels

61

Sewage discharged from vessels

58

Operation of engines propelling vessels

62

Operation of engines propelling vessels

59

Cold water releases

63

Cold water releases

Part 2

Other

Part 2

Other

60

Methodology for testing for matter in waters

64

Methodology for testing for matter in waters

61

Emergency prohibition or regulation – safety of drinking water

65

Emergency prohibition or regulation – safety of drinking water

Chapter 4

National Pollutant Inventory

Chapter 4

National Pollutant Inventory

Part 1

Preliminary

Part 1

Preliminary

62

Objects of Chapter

66

Objects of Chapter

63

Definitions

67

Definitions

64

Occupiers to whom Chapter applies

68

Occupiers to whom Chapter applies

Part 2

Reporting and record keeping requirements

Part 2

Reporting and record keeping requirements

65

Collection of data from reporting facilities

69

Collection of data from reporting facilities

66

Occupier must keep data for period of 4 years

70

Occupier must keep data for period of 4 years

Part 3

Estimation techniques

Part 3

Estimation techniques

67

Emission and transfer estimation techniques

71

Emission and transfer estimation techniques

68

Application for approval of estimation technique

72

Application for approval of estimation technique

69

Determination of application

73

Determination of application

Part 4

Exemptions from reporting requirements

Part 4

Exemptions from reporting requirements

70

National security

74

National security

71

Commercial confidentiality

75

Commercial confidentiality

Chapter 5

Vehicle testing and inspection

Chapter 5

Vehicle testing and inspection

72

Definitions

76

Definitions

73

Approved mechanics

77

Approved mechanics

74

Approved inspection stations

78

Approved inspection stations

75

Maximum fee for test or inspection

79

Maximum fee for test or inspection

76

Vehicle inspection reports

80

Vehicle inspection reports

77

Variation of approvals

81

Variation of approvals

78

Surrender of approvals

82

Surrender of approvals

79

Suspension or revocation of approvals

83

Suspension or revocation of approvals

Chapter 5A

Environmental Monitoring

Chapter 6

Environmental Monitoring

Part 1

Upper Hunter Air Quality Monitoring Network

Part 1

Upper Hunter Air Quality Monitoring Network

79A

Preliminary

84

Preliminary

79B

Objectives of Upper Hunter monitoring program

85

Objectives of Upper Hunter monitoring program

79C

Upper Hunter licence holders required to pay environmental monitoring levy

86

Upper Hunter licence holders required to pay environmental monitoring levy

79D

Calculation of annual levy for Upper Hunter electricity generation licence holders

87

Calculation of annual levy for Upper Hunter electricity generation licence holders

79E

Calculation of annual levy for Upper Hunter coal mining licence holders

88

Calculation of annual levy for Upper Hunter coal mining licence holders

79F

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

89

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

79G

Calculation of cost of Upper Hunter monitoring program

90

Calculation of cost of Upper Hunter monitoring program

79H

Certain Upper Hunter licence holders to pay construction levy

91

Certain Upper Hunter licence holders to pay construction levy

79I

Upper Hunter licence holders to provide information to EPA

92

Upper Hunter licence holders to provide information to EPA

79J

Upper Hunter licence holders to provide assistance to EPA

93

Upper Hunter licence holders to provide assistance to EPA

79K

EPA to publish results of air quality monitoring in Upper Hunter

94

EPA to publish results of air quality monitoring in Upper Hunter

79L

EPA to report on Upper Hunter monitoring program

95

EPA to report on Upper Hunter monitoring program

Part 2

Newcastle Local Air Quality Monitoring Network

Part 2

Newcastle Local Air Quality Monitoring Network

79M

Definitions

96

Definitions

79N

Determining emissions

97

Determining emissions

79O

Objectives

98

Objectives

79P

Licence holders required to pay levy

99

Licence holders required to pay levy

79Q

Calculation of annual levy

100

Calculation of annual levy

79R

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

101

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

79S

Calculation of cost of monitoring program

102

Calculation of cost of monitoring program

79T

EPA may direct licence holder to provide information

103

EPA may direct licence holder to provide information

79U

Licence holders to provide assistance to EPA

104

Licence holders to provide assistance to EPA

79V

EPA to publish results of monitoring

105

EPA to publish results of monitoring

79W

EPA to report on monitoring program

106

EPA to report on monitoring program

Chapter 6

Penalty notices

Chapter 7

Penalty notices

80

(Repealed)

 

 

81

Enforcement officers

107

Enforcement officers

82

(Repealed)

 

 

83

Issue of penalty notices to owners of vehicles or vessels

108

Issue of penalty notices to owners of vehicles or vessels

83A

Issue of penalty notices to masters of vessels

109

Issue of penalty notices to masters of vessels

Chapter 7

Miscellaneous

Chapter 8

Miscellaneous

Part 1

Appropriate regulatory authority

Part 1

Appropriate regulatory authority

84

Definitions

110

Definitions

85

Marine Parks Authority

 

 

86

Transport for NSW

111

Transport for NSW

87

Chief Executive of Office of Environment and Heritage

112

Secretary of the Department of Planning, Industry and Environment

88

Burning of bio-material in electricity generating works

113

Burning of bio-material in electricity generating works

89

Inner West Light Rail

114

Light rail infrastructure

90

Outdoor entertainment activities

115

Outdoor entertainment activities

90A

Entertainment activities at Sydney Olympic Park

116

Entertainment activities at Sydney Olympic Park

91

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

117

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

92

EPA – non-scheduled activities

118

EPA – non-scheduled activities

93

Waste activities licensed before substitution of Schedule 1

119

Waste activities licensed before substitution of Schedule 1

93A

Discharge of PFAS firefighting foam

120

Discharge of PFAS firefighting foam

Part 2

Exemptions from provisions of Act or regulations

Part 2

Exemptions from provisions of Act or regulations

Note

 

 

 

94

Prohibition on placing advertising material on vehicles

121

Prohibition on placing advertising material on vehicles

95

Noise control – Luna Park site

122

Noise control – Luna Park site

95A

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

123

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

95B

PFAS firefighting foam pollution prevention measures – exemptions granted by EPA

124

PFAS firefighting foam pollution prevention measures – exemptions granted by EPA

Part 3

Burning of bio-material in electricity generating works

Part 3

Burning of bio-material in electricity generating works

96

Definitions

125

Definitions

97

Must not use native forest bio-material to generate electricity

126

Must not use native forest bio-material to generate electricity

97A

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

127

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

98

Record keeping

128

Record keeping

Part 3A

Pollution incident response management plans

Part 4

Pollution incident response management plans

98A

Definition

129

Definition

98B

Form of plan

130

Form of plan

98C

Additional matters to be included in plan

131

Additional matters to be included in plan

98D

Availability of plan

132

Availability of plan

98E

Testing of plan

133

Testing of plan

98F

Transitional period for existing licence holders

 

 

Part 3B

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

Chapter 5

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

98G

Definitions

134

Definitions

98H

Discharge of PFAS firefighting foam in training

135

Discharge of PFAS firefighting foam in training

98I

Discharge of PFAS firefighting foam

136

Discharge of PFAS firefighting foam

98J

Sale of portable fire extinguishers containing precursor to PFAS firefighting foam

137

Sale of portable fire extinguishers containing precursor to PFAS firefighting foam

Part 4

Other

Part 6

Other

99

Fee for clean-up, prevention and noise control notices

138

Fee for clean-up, prevention and noise control notices

100

Defences relating to pesticides, fertilisers and other substances

139

Defences relating to pesticides, fertilisers and other substances

101

Notification of pollution incidents

140

Notification of pollution incidents

101A

Protocol for determining amount representing monetary benefits

141

Protocol for determining amount representing monetary benefits

102

Warrants relating to noise abatement directions

142

Warrants relating to noise abatement directions

103

Appeals regarding noise

143

Appeals regarding noise

104

Evaluation of green offset schemes or works

144

Evaluation of green offset schemes or works

105

Additional restriction on requiring financial assurances

145

Additional restriction on requiring financial assurances

106

Additional matters to be included in public register

146

Additional matters to be included in public register

107

Keeping of register – certain non-scheduled activities

147

Keeping of register – certain non-scheduled activities

108

(Repealed)

 

 

109

Definition of “land pollution”

148

Definition of “land pollution”

110

(Repealed)

 

 

 

 

149

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

(Repealed)

 

 


2021 Regulation

clause

 

 

2010 Regulation clause

 

Part 1 - Preliminary

1

 

Name of Regulation

1

2

 

Commencement

2

3

 

Definitions

3

 

Part 2 – Domestic solid fuel heaters

4

 

Definitions

4

5

 

Application Part

5

6

 

Requirement for certificates of compliance when heaters are sold

6

7

 

Interference with heaters

7

 

Part 3 – Control of burning

8

 

Definitions

8

9

 

Application of Part

9

10

 

General obligation to prevent or minimise pollution

10

11

 

Prohibition on burning certain articles

11

12

 

Offences

12

13

 

Approval of certain fires or incinerators

13

 

Part 4 – Motor vehicles and motor vehicle fuels

14

 

Definitions

14

15

 

Excessive air impurities

15

16

 

Motor vehicles emitting excessive air impurities

16

17

 

Prescribed anti-pollution devices

17

18

 

Fitting of certain anti-pollution devices to be compulsory

18

19

 

Complying exhaust pipe not required for certain vehicles

19

20

 

Exemption from offence relating to sale of motor vehicles

19A

21

 

Maintenance of vehicles

20

22

 

Use of motor vehicles requires anti-pollution device

21

23

 

Maintenance, service and adjustment of motor vehicles

22

24

 

Removal or adjustment of anti-pollution devices

23

25

 

Exemption from offence against section 157

23A

-

 

Notices to repair motor vehicles Repealed

24

26

 

Transfer of petrol into fuel tanks of motor vehicles

25

27

 

Definitions

26

28

 

Monthly volumetric average vapour pressure

27

29

 

Vapour pressure of petrol

28

30

 

Record keeping

29

31

 

Reporting

30

 

Part 5 – Air impurities emitted from activities and plant

32

 

Definitions

31

33

 

General grouping of activities and plant

32

34

 

Emission units taken to be in Group 6

33

35

 

Phasing out of Group 1

34

36

 

Phasing out of Group 2

35

37

 

Alternative standards imposed by licence conditions

36

38

 

Determination of application for variation of licence

37

39

 

Prescribed standards of concentration for air impurities

38

40

 

Determining whether standards have been exceeded

39

41

 

Dioxins and furans

40

42

 

Approved circumstances in relation to smoke emissions

41

43

 

Alternative standard for hydrogen sulphide emissions

42

44

 

Grouping of activities and plant

43

45

 

Prescribed standards of concentration for air impurities

44

46

 

Determining if standards have been exceeded

45

47

 

Approved circumstances in relation to smoke emissions

46

48

 

Definition

47

49

 

Application of Division

48

50

 

Operation of Group 6 treatment plant

49

51

 

Residence time

50

52

 

Combustion temperature

51

53

 

Destruction efficiency

52

54

 

Emissions points

53

55

 

Combination of air impurities from 2 or more sources

54

56

 

Standards of concentration not to affect other controls

55

57

 

Exemptions relating to start-up and shutdown periods

56

58

 

Exemptions relating to emission of smoke

57

59

 

Exemption relating to emergency electricity generation

57A

60

 

Limits on sulfur content of liquid fuel

58

 

Part 6 – Control of volatile organic liquids

61

 

Definitions

59

62

 

Equipment and plant to be fitted with control equipment

60

63

 

Exemptions from requirement for control equipment

61

64

 

Application

62

65

 

Control equipment for large storage tanks

63

66

 

Control equipment for large loading plant

64

67

 

Control equipment for small storage tanks

65

68

 

Control equipment for large tank vehicles

66

69

 

Loading and unloading large tank vehicles

67

70

 

Definitions

68

71

 

Control equipment for storage tanks on petrol service stations

69

72

 

Specifications regarding covers

70

73

 

Specifications regarding periodic testing

71

74

 

Control equipment for petrol dispensers

72

75

 

Specifications regarding testing

73

76

 

Specifications regarding monitoring

74

77

 

Reporting to EPA

75

78

 

Compliance notification

76

79

 

Log books

77

80

 

Exemptions

78

 

Part 6A – Cruise ship fuels Repealed

-

 

Definitions

78A

-

 

Cruise ships to use low sulfur fuel while berthed in Sydney Harbour

78B

-

 

Cruise ships to use low sulfur fuel while within the boundaries of Sydney Harbour

78C

-

 

Defence relating to availability of fuel

78D

-

 

Defence of master reasonably acting under order or direction of owner

78E

-

 

Defences relating to special circumstances

78F

-

 

Exemptions relating to ship safety and dry dock scheduling

78G

-

 

Exception for use of LNG, CNG and LPG

78H

-

 

Fuelling supplier obligations

78I

-

 

Log books and other records

78J

-

 

Fuel samples to be kept

78K

-

 

Master or appropriate officer to remain on cruise ship while berthed in Sydney Harbour

78L

-

 

Application for approval

78M

-

 

Granting of approval

78N

-

 

Revocation and suspension of approvals

78O

-

 

Variation of approval

78P

-

 

Effect of approval

78Q

-

 

Appeals against certain decisions

78R

 

Part 7 – Miscellaneous

81

 

Savings

79

82

 

Repeal

-

Schedule 1

 

Local government areas in which burning is prohibited

Schedule 8

Schedule 2

 

Standards of concentration for scheduled premises – afterburners, flares and vapour recovery units

Schedule 2

Schedule 3

 

Standards of concentration for scheduled premises – activities and plant used for specific purposes

Schedule 3

Schedule 4

 

Standards of concentration for scheduled premises – general activities and plant

Schedule 4

Schedule 5

 

Test methods, averaging periods and reference conditions for scheduled premises

Schedule 5

Schedule 6

 

Standards of concentration for non-schedule premises

Schedule 6

Schedule 7

 

Test methods, averaging periods and reference conditions for non-scheduled premises

Schedule 7


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