Protection of the Environment Operations (Clean Air) Regulation 2021

Information about the minor amendments in the remake of the Protection of the Environment Operations (Clean Air) Regulation 2010.

The Protection of the Environment Operations (Clean Air) Regulation (Clean Air Regulation) is the key regulatory mechanism in NSW for reducing emissions of harmful pollutants in the air. The new regulation commenced on 1 September 2021.

The remake consisted of small administrative changes, such as updating references to legislation, local government areas and removing ‘spent’ provisions. Part 6A relating to cruise ship fuels was removed as air emissions from shipping are now addressed by Commonwealth legislation. 

This is an interim approach while we complete a comprehensive review of the Clean Air Regulation.

Public consultation on the draft Protection of the Environment Operations (Clean Air) Regulation 2022 (the draft 2022 Regulation) was undertaken from 6 May to 3 June 2022.

All submissions received during public consultation on the draft 2022 Regulation are being considered. Many of these are technical and raise complex issues that require further consideration. To allow for proper consideration of the feedback received, the repeal date of the 2021 Clean Air Regulation has been extended from 1 September 2022 to 16 December 2022 by an amendment regulation.

Some clause references to the Clean Air Regulation throughout the website and various EPA publications have not been updated yet and these will be revised once the comprehensive review is finalised and the remake Regulation is are announced by 16 December 2022.

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

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