Protection of the Environment Operations Act 1997 No 156
Historical version for 1 November 2011 to 5 February 2012 (accessed 27 November 2014 at 21:34) Current version
Chapter 3Part 3.1

Part 3.1 Introduction

42   Environment protection licences

Environment protection licences may be issued and otherwise dealt with in accordance with this Chapter.

43   Types of licences

Environment protection licences may be issued for the following purposes:
(a)  to authorise the carrying out of scheduled development work at any premises, as required under section 47,
(b)  to authorise the carrying out of scheduled activities at any premises, as required under section 48,
(c)  to authorise the carrying out of scheduled activities not related to premises, as required under section 49,
(d)  to control the carrying out of non-scheduled activities for the purpose of regulating water pollution resulting from any such activity, as referred to in section 122.
Note. Scheduled activities for which a licence is required are set out in Schedule 1. Scheduled development work for which a licence is required is defined in section 47 (being generally work on premises, at which scheduled activities are not carried on, that is designed to enable scheduled activities to be carried on at the premises). This Act permits (but does not require) a licence to be issued for a non-scheduled activity—compliance with the conditions of the licence provides a defence to the offence of polluting waters under section 120.

44   Integration of licensing

(1)  Licences may be issued or varied so as to cover either or both scheduled development work or scheduled activities.
(2)  Licences with respect to scheduled development work or scheduled activities may regulate all forms of pollution (including water pollution) resulting from that work or those activities.
(3)  Licences with respect to non-scheduled activities may also regulate any form of pollution in addition to water pollution resulting from those activities.
(4)  Licences authorising or controlling an activity carried on at any premises may also regulate pollution resulting from any other activity carried on at the premises to which the licence applies.

45   Matters to be taken into consideration in licensing functions

In exercising its functions under this Chapter, the appropriate regulatory authority is required to take into consideration such of the following matters as are of relevance:
(a)  any protection of the environment policies,
(b)  the objectives of the EPA as referred to in section 6 of the Protection of the Environment Administration Act 1991,
(c)  the pollution caused or likely to be caused by the carrying out of the activity or work concerned and the likely impact of that pollution on the environment,
(d)  the practical measures that could be taken:
(i)  to prevent, control, abate or mitigate that pollution, and
(ii)  to protect the environment from harm as a result of that pollution,
(e)  any relevant green offset scheme, green offset works or tradeable emission scheme or other scheme involving economic measures, as referred to in Part 9.3,
(f)  whether the person concerned is a fit and proper person (as referred to in section 83),
(f1)  in relation to an activity or work that causes, is likely to cause or has caused water pollution:
(i)  the environmental values of water affected by the activity or work, and
(ii)  the practical measures that could be taken to restore or maintain those environmental values,
(g)  in connection with a licence application relating to the control of the carrying out of non-scheduled activities for the purpose of regulating water pollution—whether the applicant is the appropriate person to hold the licence having regard to the role of the applicant in connection with the carrying out of those activities,
(h)  in connection with a licence application—any documents accompanying the application,
(i)  in connection with a licence application—any relevant environmental impact statement, or other statement of environmental effects, prepared or obtained by the applicant under the Environmental Planning and Assessment Act 1979,
(j)  in connection with a licence application—any relevant species impact statement prepared or obtained by the applicant under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994,
(k)  in connection with a licence application, any waste strategy in force under the Waste Avoidance and Resource Recovery Act 2001,
(l)  in connection with a licence application:
(i)  any public submission in relation to the licence application received by the appropriate regulatory authority under this Act, and
(ii)  any public submission that has been made under the Environmental Planning and Assessment Act 1979, in connection with the activity to which the licence application relates, and that has been received by the appropriate regulatory authority,
(m)  if the appropriate regulatory authority is not the EPA—any guidelines issued by the EPA to the authority relating to the exercise of functions under this Chapter.

46   Operation of this Chapter

This Chapter has effect in addition to and does not derogate from the requirements of any other Act, except as expressly provided in this or any other Act.
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