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Protection of the Environment Operations (General) Regulation 2009
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Protection of the Environment Operations (General) Regulation 2021
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Current Clause
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Name of Clause
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New Clause
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Name of Clause
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Chapter 1
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Preliminary
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Chapter 1
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Preliminary
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1
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Name of Regulation
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1
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Name of Regulation
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2
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Commencement
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2
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Commencement
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3
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Definitions
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3
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Interpretation
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Chapter 2
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Environment protection licences
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Chapter 2
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Environment protection licences
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Part 1
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Licence Fees
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Part 1
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Licence Fees
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Division 1
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Preliminary
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Division 1
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Preliminary
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4
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Definitions
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4
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Definitions
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5
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Licence fee period
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5
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Licence fee period
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6
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Changes in licence fee period
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6
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Changes in licence fee period
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7
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Annual licence fee
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7
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Annual licence fee
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Division 2
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Administrative fees
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Division 2
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Administrative fees
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8
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Administrative fee must accompany application
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8
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Administrative fee must accompany application
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9
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Amount of administrative fee unit
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9
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Amount of administrative fee unit
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10
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Calculating amount of administrative fee
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10
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Calculating amount of administrative fee
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10A
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Environmental management calculation protocol
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11
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Environmental management calculation protocol
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10B
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Determination of environmental management category – insufficient information provided
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12
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Determination of environmental management category – insufficient information provided
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10C
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Change in environmental management category – adjustment of administrative fee
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13
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Change in environmental management category – adjustment of administrative fee
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11
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Refunds if application refused or withdrawn
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14
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Refunds if application refused or withdrawn
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12
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Refunds and waivers – licence holders
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15
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Refunds and waivers – licence holders
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Division 3
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Load-based fees
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Division 3
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Load-based fees
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13
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Objects of load-based licensing scheme
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16
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Objects of load-based licensing scheme
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14
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Circumstances in which no load-based fee payable
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17
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Circumstances in which no load-based fee payable
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15
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Requirement to calculate and record actual load
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18
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Requirement to calculate and record actual load
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16
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Calculation of load-based fee
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19
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Calculation of load-based fee
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17
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Determining the assessable load – Step 2 of load-based fee calculation
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20
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Determining the assessable load – Step 2 of load-based fee calculation
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18
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Fee rate thresholds – Step 3 of load-based fee calculation
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21
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Fee rate thresholds – Step 3 of load-based fee calculation
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19
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Calculating the fee of each assessable pollutant – Step 4 of load-based fee calculation
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22
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Calculating the fee of each assessable pollutant – Step 4 of load-based fee calculation
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20
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Nitrogen oxides or VOCs discharged in Sydney basin area in summer – Step 6 of load-based fee calculation
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23
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Nitrogen oxides or VOCs discharged in Sydney basin area in summer – Step 6 of load-based fee calculation
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21
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Load calculation protocol
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24
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Load calculation protocol
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22
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Determination of load-based fee – insufficient information provided
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25
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Determination of load-based fee – insufficient information provided
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23
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Aggregation of licences – “bubble licence arrangements”
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26
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Aggregation of licences – “bubble licence arrangements”
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24
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Refunds – errors in calculations
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27
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Refunds – errors in calculations
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Division 4
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Load reduction agreements and fee reductions
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Division 4
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Load reduction agreements and fee reductions
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25
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Definitions
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28
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Definitions
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26
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Effect and term of load reduction agreement
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29
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Effect and term of load reduction agreement
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27
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Applications for load reduction agreements
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30
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Applications for load reduction agreements
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28
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Content of load reduction agreements
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31
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Content of load reduction agreements
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29
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Amendment of load reduction agreement
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32
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Amendment of load reduction agreement
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30
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Agreement of no effect without condition in licence
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33
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Agreement of no effect without condition in licence
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31
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Termination of agreement
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34
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Termination of agreement
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32
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Amounts payable on termination or expiration
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35
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Amounts payable on termination or expiration
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33
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When amounts must be paid
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36
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When amounts must be paid
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34
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Payment by instalments
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37
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Payment by instalments
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35
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Effect of transfer of licences on load reduction agreements
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38
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Effect of transfer of licences on load reduction agreements
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Division 5
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Time for payment and penalties for late payment
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Division 5
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Time for payment and penalties for late payment
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36
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Administrative fee
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39
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Administrative fee
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37
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Load-based fee
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40
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Load-based fee
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38
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Refunds and waivers – penalties for late payment
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41
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Refunds and waivers – penalties for late payment
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Division 6
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Change in activity classification or scale
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Division 6
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Change in activity classification or scale
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39
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Application of Division
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42
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Application of Division
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40
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Adjustment of administrative fee
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43
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Adjustment of administrative fee
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41
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Adjustment of load-based fee
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44
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Adjustment of load-based fee
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Part 2
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Load-based Licensing Technical Review Panel
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Part 2
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Load-based Licensing Technical Review Panel
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42
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Constitution
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45
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Constitution
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43
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Members
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46
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Members
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44
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Functions
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47
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Functions
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45
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Membership and procedure
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48
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Membership and procedure
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Part 3
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Miscellaneous licensing provisions
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Part 3
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Miscellaneous licensing provisions
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46
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Scheduled development work
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49
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Scheduled development work
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47
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Commencement of licensing for existing activities
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50
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Commencement of licensing for existing activities
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47A
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(Repealed)
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48
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Exclusion of Part 5 of EPA Act
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51
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Exclusion of Part 5 of EPA Act
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49
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Statement of reasons for grant or refusal of licence
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52
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Statement of reasons for grant or refusal of licence
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50
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Fee for transfer of licence
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53
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Fee for transfer of licence
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51
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Refusal of certain licence applications
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54
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Refusal of certain licence applications
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51A
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Fit and proper persons
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55
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Fit and proper persons
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52
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Other relevant legislation
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56
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Other relevant legislation
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53
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Application of payments
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57
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Application of payments
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54
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Preservation of records
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58
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Preservation of records
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Chapter 3
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Water pollution
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Chapter 3
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Water pollution
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Part 1
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Exemptions
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Part 1
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Exemptions
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55
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Pollutants discharged from Victorian premises into Murray
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59
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Pollutants discharged from Victorian premises into Murray
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56
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Pollutants discharged into sewer
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60
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Pollutants discharged into sewer
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57
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Sewage discharged from vessels
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61
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Sewage discharged from vessels
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58
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Operation of engines propelling vessels
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62
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Operation of engines propelling vessels
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59
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Cold water releases
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63
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Cold water releases
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Part 2
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Other
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Part 2
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Other
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60
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Methodology for testing for matter in waters
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64
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Methodology for testing for matter in waters
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61
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Emergency prohibition or regulation – safety of drinking water
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65
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Emergency prohibition or regulation – safety of drinking water
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Chapter 4
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National Pollutant Inventory
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Chapter 4
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National Pollutant Inventory
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Part 1
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Preliminary
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Part 1
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Preliminary
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62
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Objects of Chapter
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66
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Objects of Chapter
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63
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Definitions
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67
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Definitions
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64
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Occupiers to whom Chapter applies
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68
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Occupiers to whom Chapter applies
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Part 2
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Reporting and record keeping requirements
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Part 2
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Reporting and record keeping requirements
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65
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Collection of data from reporting facilities
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69
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Collection of data from reporting facilities
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66
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Occupier must keep data for period of 4 years
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70
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Occupier must keep data for period of 4 years
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Part 3
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Estimation techniques
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Part 3
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Estimation techniques
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67
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Emission and transfer estimation techniques
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71
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Emission and transfer estimation techniques
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68
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Application for approval of estimation technique
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72
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Application for approval of estimation technique
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69
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Determination of application
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73
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Determination of application
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Part 4
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Exemptions from reporting requirements
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Part 4
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Exemptions from reporting requirements
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70
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National security
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74
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National security
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71
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Commercial confidentiality
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75
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Commercial confidentiality
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Chapter 5
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Vehicle testing and inspection
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Chapter 5
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Vehicle testing and inspection
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72
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Definitions
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76
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Definitions
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73
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Approved mechanics
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77
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Approved mechanics
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74
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Approved inspection stations
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78
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Approved inspection stations
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75
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Maximum fee for test or inspection
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79
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Maximum fee for test or inspection
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76
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Vehicle inspection reports
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80
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Vehicle inspection reports
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77
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Variation of approvals
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81
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Variation of approvals
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78
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Surrender of approvals
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82
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Surrender of approvals
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79
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Suspension or revocation of approvals
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83
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Suspension or revocation of approvals
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Chapter 5A
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Environmental Monitoring
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Chapter 6
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Environmental Monitoring
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Part 1
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Upper Hunter Air Quality Monitoring Network
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Part 1
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Upper Hunter Air Quality Monitoring Network
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79A
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Preliminary
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84
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Preliminary
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79B
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Objectives of Upper Hunter monitoring program
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85
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Objectives of Upper Hunter monitoring program
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79C
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Upper Hunter licence holders required to pay environmental monitoring levy
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86
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Upper Hunter licence holders required to pay environmental monitoring levy
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79D
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Calculation of annual levy for Upper Hunter electricity generation licence holders
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87
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Calculation of annual levy for Upper Hunter electricity generation licence holders
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79E
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Calculation of annual levy for Upper Hunter coal mining licence holders
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88
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Calculation of annual levy for Upper Hunter coal mining licence holders
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79F
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Calculation of annual levy for first and second levy periods for new Upper Hunter licence holders
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89
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Calculation of annual levy for first and second levy periods for new Upper Hunter licence holders
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79G
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Calculation of cost of Upper Hunter monitoring program
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90
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Calculation of cost of Upper Hunter monitoring program
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79H
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Certain Upper Hunter licence holders to pay construction levy
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91
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Certain Upper Hunter licence holders to pay construction levy
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79I
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Upper Hunter licence holders to provide information to EPA
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92
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Upper Hunter licence holders to provide information to EPA
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79J
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Upper Hunter licence holders to provide assistance to EPA
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93
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Upper Hunter licence holders to provide assistance to EPA
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79K
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EPA to publish results of air quality monitoring in Upper Hunter
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94
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EPA to publish results of air quality monitoring in Upper Hunter
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79L
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EPA to report on Upper Hunter monitoring program
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95
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EPA to report on Upper Hunter monitoring program
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Part 2
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Newcastle Local Air Quality Monitoring Network
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Part 2
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Newcastle Local Air Quality Monitoring Network
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79M
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Definitions
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96
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Definitions
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79N
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Determining emissions
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97
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Determining emissions
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79O
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Objectives
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98
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Objectives
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79P
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Licence holders required to pay levy
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99
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Licence holders required to pay levy
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79Q
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Calculation of annual levy
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100
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Calculation of annual levy
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79R
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Emissions from vessels to be included in licence holder’s emissions
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101
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Emissions from vessels to be included in licence holder’s emissions
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79S
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Calculation of cost of monitoring program
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102
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Calculation of cost of monitoring program
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79T
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EPA may direct licence holder to provide information
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103
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EPA may direct licence holder to provide information
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79U
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Licence holders to provide assistance to EPA
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104
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Licence holders to provide assistance to EPA
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79V
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EPA to publish results of monitoring
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105
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EPA to publish results of monitoring
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79W
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EPA to report on monitoring program
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106
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EPA to report on monitoring program
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Chapter 6
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Penalty notices
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Chapter 7
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Penalty notices
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80
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(Repealed)
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81
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Enforcement officers
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107
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Enforcement officers
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82
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(Repealed)
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83
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Issue of penalty notices to owners of vehicles or vessels
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108
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Issue of penalty notices to owners of vehicles or vessels
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83A
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Issue of penalty notices to masters of vessels
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109
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Issue of penalty notices to masters of vessels
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Chapter 7
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Miscellaneous
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Chapter 8
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Miscellaneous
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Part 1
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Appropriate regulatory authority
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Part 1
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Appropriate regulatory authority
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84
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Definitions
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110
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Definitions
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85
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Marine Parks Authority
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86
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Transport for NSW
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111
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Transport for NSW
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87
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Chief Executive of Office of Environment and Heritage
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112
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Secretary of the Department of Planning, Industry and Environment
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88
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Burning of bio-material in electricity generating works
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113
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Burning of bio-material in electricity generating works
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89
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Inner West Light Rail
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114
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Light rail infrastructure
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90
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Outdoor entertainment activities
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115
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Outdoor entertainment activities
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90A
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Entertainment activities at Sydney Olympic Park
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116
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Entertainment activities at Sydney Olympic Park
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91
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Underground petroleum storage systems – EPA ceasing to be appropriate regulatory authority in relation to certain premises
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117
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Underground petroleum storage systems – EPA ceasing to be appropriate regulatory authority in relation to certain premises
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92
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EPA – non-scheduled activities
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118
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EPA – non-scheduled activities
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93
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Waste activities licensed before substitution of Schedule 1
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119
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Waste activities licensed before substitution of Schedule 1
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93A
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Discharge of PFAS firefighting foam
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120
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Discharge of PFAS firefighting foam
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Part 2
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Exemptions from provisions of Act or regulations
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Part 2
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Exemptions from provisions of Act or regulations
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Note
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94
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Prohibition on placing advertising material on vehicles
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121
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Prohibition on placing advertising material on vehicles
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95
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Noise control – Luna Park site
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122
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Noise control – Luna Park site
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95A
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Road tunnel emissions (licence limited to air pollution from stack)
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123
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Road tunnel emissions (licence limited to air pollution from stack)
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95B
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PFAS firefighting foam pollution prevention measures – exemptions granted by EPA
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124
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PFAS firefighting foam pollution prevention measures – exemptions granted by EPA
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Part 3
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Burning of bio-material in electricity generating works
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Part 3
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Burning of bio-material in electricity generating works
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96
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Definitions
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125
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Definitions
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97
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Must not use native forest bio-material to generate electricity
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126
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Must not use native forest bio-material to generate electricity
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97A
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Exemption to prohibition on burning native forest bio-material to generate electricity
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127
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Exemption to prohibition on burning native forest bio-material to generate electricity
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98
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Record keeping
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128
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Record keeping
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Part 3A
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Pollution incident response management plans
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Part 4
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Pollution incident response management plans
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98A
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Definition
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129
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Definition
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98B
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Form of plan
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130
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Form of plan
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98C
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Additional matters to be included in plan
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131
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Additional matters to be included in plan
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98D
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Availability of plan
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132
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Availability of plan
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98E
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Testing of plan
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133
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Testing of plan
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98F
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Transitional period for existing licence holders
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Part 3B
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PFAS firefighting foam – pollution prevention measures – Schedule 2, clause 15(1) of the Act
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Chapter 5
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PFAS firefighting foam – pollution prevention measures – Schedule 2, clause 15(1) of the Act
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98G
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Definitions
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134
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Definitions
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98H
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Discharge of PFAS firefighting foam in training
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135
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Discharge of PFAS firefighting foam in training
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98I
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Discharge of PFAS firefighting foam
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136
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Discharge of PFAS firefighting foam
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98J
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Sale of portable fire extinguishers containing precursor to PFAS firefighting foam
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137
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Sale of portable fire extinguishers containing precursor to PFAS firefighting foam
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Part 4
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Other
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Part 6
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Other
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99
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Fee for clean-up, prevention and noise control notices
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138
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Fee for clean-up, prevention and noise control notices
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100
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Defences relating to pesticides, fertilisers and other substances
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139
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Defences relating to pesticides, fertilisers and other substances
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101
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Notification of pollution incidents
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140
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Notification of pollution incidents
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101A
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Protocol for determining amount representing monetary benefits
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141
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Protocol for determining amount representing monetary benefits
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102
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Warrants relating to noise abatement directions
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142
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Warrants relating to noise abatement directions
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103
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Appeals regarding noise
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143
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Appeals regarding noise
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104
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Evaluation of green offset schemes or works
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144
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Evaluation of green offset schemes or works
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105
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Additional restriction on requiring financial assurances
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145
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Additional restriction on requiring financial assurances
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106
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Additional matters to be included in public register
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146
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Additional matters to be included in public register
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107
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Keeping of register – certain non-scheduled activities
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147
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Keeping of register – certain non-scheduled activities
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108
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(Repealed)
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109
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Definition of “land pollution”
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148
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Definition of “land pollution”
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110
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(Repealed)
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149
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Repeal and saving
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Schedule 1
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Licensing fees
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Schedule 1
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Licensing fees
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Schedule 2
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Load-based fee calculation
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Schedule 2
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Load-based fee calculation
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|
Schedule 3
|
Open coastal waters
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Schedule 3
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Open coastal waters
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Schedule 4
|
Membership and procedure of Review Panel
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Schedule 4
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Membership and procedure of Review Panel
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|
Schedule 5
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Prescribed matter for the definition of water pollution
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Schedule 5
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Prescribed matter for the definition of water pollution
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Schedule 6
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Penalty notice offences
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Schedule 6
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Penalty notice offences
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|
Schedule 7
|
Forms relating to noise abatement directions
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Schedule 7
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Forms relating to noise abatement directions
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Schedule 8
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Savings and transitional provisions
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Schedule 8
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Savings and transitional provisions
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Schedule 9
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(Repealed)
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