Consultation on the POEO General Regulation 2021 and POEO Clean Air Regulation 2021

Seeking feedback on the Protection of the Environment Operations (General) Regulation 2021 and the Protection of the Environment Operations (Clean Air) Regulation 2021.

The NSW Government replaced the regulations for the Protection of the Environment Operations (Clean Air) Regulation 2021 and Protection of the Environment Operations (General) Regulation 2021 in September. These were made with only minor and administrative amendments, such as updating agency names and removing spent provisions. These regulations are integral to the administration of the Protection of the Environment Operations Act 1997.

Both regulations are required to be reviewed every five years and this was due by 1 September 2021. This is an interim approach and the regulations will need to be replaced by 1 September 2022.

A comprehensive review of both regulations is currently underway to ensure the requirements included remain effective into the future. We are planning to release the proposed changes from our comprehensive review for consultation in early 2022. This has been delayed until next year due to a number of challenges, including the COVID-19 situation.

The POEO General Regulation 2021 Regulatory Impact Statement (RIS) (PDF 599KB) and the POEO Clean Air Regulation 2021 RIS (PDF 825KB) provide an overview of the minor and administrative changes made in the current Clean Air and General Regulations. We will consider submissions on the interim regulations as part of the comprehensive review of the regulations or future reforms.

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