Remake of the POEO Regulations

Update on the review of the Protection of the Environment Operations (General) Regulation and the Protection of the Environment Operations (Clean Air) Regulation

The NSW Government has remade the Protection of the Environment Operations (Clean Air) Regulation 2010 and Protection of the Environment Operations (General) Regulation 2009 with minor amendments. This includes administrative changes, 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 more comprehensive review of both of the 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 of the Regulations for consultation in early 2022. This has been delayed until next year due to a number of challenges including the COVID-19 situation.

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 regulation will be considered as part of the comprehensive review of the Regulation or future reforms.