Exemptions from the UPSS Regulation

Information about exemptions from the UPSS Regulation.

The Protection of the Environment Operations Act 1997 shares regulatory responsibilities for activities between councils and the EPA where they are the appropriate regulatory authority.

The UPSS Regulation provides powers to each appropriate regulatory authority to exempt a person or a class of persons from any of the requirements of the Regulation.

Councils are the appropriate regulatory authority for most UPSS in their local areas. Councils can exempt a person responsible for a UPSS in their local area from complying with any of the requirements of the Regulation. 

The EPA is the appropriate regulatory authority for UPSS operated by public authorities, in the unincorporated areas of NSW or subject to an environment protection licence. It is the EPA’s current policy that an exemption will only be considered where it is not possible for the person responsible to comply with certain provisions of the UPSS Regulation and equivalent environmental protection measures can be put in place. The equivalent measures must be designed and installed by a duly qualified person.

To apply for an exemption, contact your appropriate regulatory authority to discuss the application process. The appropriate regulatory authority may charge an application fee for an exemption. 

Exemptions issued by the local council or the EPA

  • may be granted on application or on their own motion
  • may be issued to a person or to a class of persons
  • must be in writing and be either published in the Government Gazette or served upon the person specified in the exemption order 
  • may be granted subject to conditions as specified in the exemption order 
  • may be granted for set periods of time or until revoked

If you have questions about exemptions, contact the appropriate regulatory authority

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