Division 1Division 1 Objectives of Corporation
(1) The principal objectives of the Corporation are:(a) to be a successful business and, to this end:(i) to operate at least as efficiently as any comparable businesses, and(ii) to maximise the net worth of the State’s investment in the Corporation, and(iii) to exhibit a sense of social responsibility by having regard to the interests of the community in which it operates, and(b) to protect the environment by conducting its operations in compliance with the principles of ecologically sustainable development contained in section 6 (2) of the Protection of the Environment Administration Act 1991, and(c) to protect public health by supplying safe drinking water to its customers and other members of the public in compliance with the requirements of any operating licence.(2) Despite section 8 of the State Owned Corporations Act 1989, each of the Corporation’s principal objectives is of equal importance.
22 Implementation of principal objectives
(1) In implementing the principal objectives set out in section 21, the Corporation has the following special objectives:(a) to reduce risks to human health,(b) to prevent the degradation of the environment.(2) Those special objectives are to be interpreted by reference to the objectives referred to in section 6 (1) (b) of the Protection of the Environment Administration Act 1991, so far as they are relevant to the Corporation.(3) In implementing those special objectives, regard is to be had to the means referred to in section 6 (1) (b) of the Protection of the Environment Administration Act 1991, so far as they are relevant to the Corporation, and (in particular) to the following means:(a) reducing the environmental impact of its discharges into or onto the air, water or land of substances likely to cause harm to the environment,(b) minimising its creation of waste by the use of appropriate technology, practices and procedures,(c) reducing its use of energy, water and other materials and substances,(d) re-using and recovering energy, water and other materials and substances, used or discharged by it, by the use of appropriate technology, practices and procedures,(e) reducing significantly, by 30 June 2000, the combined environmental impact of the per capita amount of energy and water used by the Corporation and other materials and substances discharged by the Corporation, compared with that impact in the year ending 30 June 1994.(4) The Corporation is to have regard to the levels of energy that would be necessary to implement its special objectives and may adjust its implementation of those objectives if the levels of energy would be excessive.(5) However, the Corporation is to have regard to its statutory functions, and may adjust its implementation of its special objectives but only if it is necessary in order to act responsibly.(6) The Corporation must publish in the annual report on the Corporation’s performance prepared for the purposes of section 14 (1) (d) (i), a statement as to the implementation of its special objectives and annual adjustments made under subsections (4) and (5).(7) The Environment Protection Authority must review the statement referred to in subsection (6) as soon as practicable after it is published and must, within 3 months after the publication date, make its evaluation of the statement available for public inspection. The evaluation is to include an opinion as to whether the best environmental outcome has been achieved.
23 Pollution reduction targets
(1) The Corporation must adopt targets (as developed and determined in accordance with this section) to effect significant reductions, by 30 June 2000, of Schedule 10 substances present in waters as a result of the conduct of the Corporation’s sewerage services under an operating licence.(2) The targets are to be developed as follows:(a) The Corporation is to publish in the Gazette a statement, in a form approved by the Environment Protection Authority, showing:(i) the range of concentrations and total load of those Schedule 10 substances that were monitored at the Corporation’s sewage treatment plants, and(ii) the total volumes of sewage discharged from its sewage treatment plants to waters as monitored by the Corporation,for the year ended 30 June 1994.(b) The statement is to be published within 14 days after the initial operating licence is granted to the Corporation.(c) The Corporation is to conduct ecological risk assessments in relation to Schedule 10 substances discharged into waters from each of the Corporation’s sewage treatment plants.(d) Ecological risk assessments are to be carried out in accordance with a methodology for the time being approved by the Environment Protection Authority in accordance with section 24.(e) Reports on ecological risk assessments are to be provided to the Environment Protection Authority as follows:(i) reports on assessments for the ocean are to be provided by 31 December 1995, and(ii) reports on assessments for the Hawkesbury–Nepean catchment are to be provided by 30 June 1996, and(iii) reports on the remaining assessments are to be provided by 30 June 1997.(f) Copies of the reports on ecological risk assessments are to be placed on display for public comment by the Corporation in accordance with section 25.(3) The Environment Protection Authority is, within 3 months after the expiration of the period for public comment referred to in section 25 (2), to determine the targets for the Corporation that are referred to in subsections (1) and (2), having regard to the following:(a) the reports on ecological risk assessments,(b) any public comments on the reports that have been provided to the Authority by the Corporation in accordance with section 25 (3),(c) such other factors as appear relevant to the Authority, taking into account the statutory obligations of the Authority under any Act.(4) The Corporation must adopt the targets as determined by the Environment Protection Authority.(5) The Environment Protection Authority must ensure that the licence conditions imposed by it on the Corporation, and any directions given by it to the Corporation under section 12 of the Protection of the Environment Administration Act 1991, are consistent with and are conducive to the meeting, or exceeding, by the Corporation of its targets, as determined in accordance with this section, by 30 June 2000.(6) As and when the targets, licence conditions and directions are determined, imposed or given and take effect, the Corporation and the Environment Protection Authority are each to enter details of the targets, licence conditions and directions in a register kept at their respective principal offices and are to make the register available for public inspection, free of charge.(7) The Corporation is to monitor its performance against the targets and publish the results on an annual basis in accordance with the requirements of an operating licence.(8) By 30 June 1999, the Corporation is to determine the bases for setting targets to effect further reductions, after 30 June 2000, of Schedule 10 substances present in waters as a result of the conduct of the Corporation’s sewerage services under an operating licence. However, the targets are not to be set until the Environment Protection Authority approves of the bases determined.(9) In this section, Schedule 10 substances means the substances listed in Schedule 10.
24 Approval of methodology for ecological risk assessment
(1) Before the Corporation submits a proposed methodology to the Environment Protection Authority for approval for the purposes of section 23 (2) (d), the Corporation must:(a) place the proposed methodology on display for public comment for a period of 30 days after the date of publication of the notice referred to in paragraph (b), and(b) by notice published in a newspaper circulating throughout New South Wales, specify the place or places at which copies of the proposed methodology may be inspected and the address to which public comments concerning the methodology may be directed.(2) Any person may, within the period of 30 days referred to in subsection (1) (a), or such longer period as may be specified in the notice, direct comments concerning the proposed methodology to the Corporation.(3) A methodology must be approved by the Environment Protection Authority within 30 days after the Corporation has provided the Authority with the proposed methodology that has been placed on display and copies of any public comments received on that methodology.(4) In approving a methodology, the Environment Protection Authority is to have regard to any public comments concerning the proposed methodology that have been provided to it and made in accordance with this section.
25 Public display of reports on ecological risk assessments
(1) As soon as practicable after providing the reports on ecological risk assessments to the Environment Protection Authority in accordance with section 23 (2) (e), the Corporation must:(a) place copies of those reports on display for public comment for a period of 30 days after the date of publication of the notice referred to in paragraph (b), and(b) by notice published in a newspaper circulating throughout New South Wales, specify the place or places at which copies of the reports may be inspected and the address to which public comments concerning the reports may be directed.(2) Any person may, within the period of 30 days referred to in subsection (1) (a), or such longer period as may be specified in the notice, direct comments concerning the reports to the Corporation.(3) The Corporation must provide the Environment Protection Authority with copies of any such public comments.
26 Amendment of pollution reduction targets
(1) After the Corporation has adopted a target under section 23 (4), the Environment Protection Authority may, from time to time, re-determine the target.(2) The Corporation is to adopt a target as re-determined by the Environment Protection Authority. Subsections (5)–(7) of section 23 then apply to the re-determined target.(3) The Environment Protection Authority may, for the purpose of assessing whether to re-determine a target under this section, require the Corporation to carry out a further ecological risk assessment and provide a report on that assessment to the Environment Protection Authority by a specified date. Sections 23–25 apply, with necessary modifications, to any such further ecological risk assessment and report.(4) Any target re-determined in accordance with this section is to be re-determined by the Environment Protection Authority having regard to the following:(a) the report on any further ecological risk assessment or, if no further assessment is made, the report on the previous assessment,(b) any public comments on the report on the further assessment that has been provided to the Authority by the Corporation in accordance with section 25 (3) (as applied by this section) or, if no further assessment is made, any such public comments on the previous report,(c) such other factors as appear relevant to the Authority, taking into account the statutory obligations of the Authority under any Act.(5) The Corporation and the Environment Protection Authority are to enter the reasons for the re-determination of a target in the registers kept by the Corporation and the Authority under section 23 (6).
(1) Without limiting sections 21 and 22, the Corporation is to adopt as an ultimate aim the prevention of all dry weather discharges of sewage to waters, including from ocean outfalls, except to the extent that this is necessary to safeguard public health or prevent environmental degradation, or both.(2) The Corporation is to publish in the Gazette by 30 June 1995 a statement specifying the projected amount of sewage or effluent that it proposes will be re-used, intercepted or otherwise prevented from discharge, by 30 June 2000, into the ocean, waterways and other waters.(3) In respect of years after 30 June 2000, the Corporation is, on a 5 yearly basis, to review an increase in the projected amount applying under subsection (2) in the light of the aim referred to in subsection (1).(4) In reviewing the projected amounts, the Corporation is to have regard to reductions in the amount of sewage discharged by the Corporation due to any demand management provision in an operating licence.(5) Before specifying projections in accordance with this section, the Corporation must:(a) place the proposed projections on display for public comment for a period of 30 days after the date of publication of the notice referred to in paragraph (b), and(b) by notice published in a newspaper circulating throughout New South Wales, specify the place or places at which copies of the proposed projections may be inspected and the address to which public comments concerning the projections may be directed.(6) Any person may, within the period of 30 days referred to in subsection (5) (a), or such longer period as may be specified in the notice, direct comments concerning the proposed projections to the Corporation.(7) The Corporation must, when specifying projections, have regard to any public comments concerning the proposed projections that have been directed to it.