Contents (2002 - 856)

Part 1 Preliminary
1 Name of Regulation
2 Commencement
3 Establishment of scheme and objects
4 Definitions
5 Participants in scheme
6 Discharge licence
7 Hunter River catchment
8 Notes

Part 2 General workings of scheme

Division 1 Classification of river flow
9 Division of Hunter River flow into blocks
10 Classification of river blocks
11 Flow ranges
12 Classification of block—upper sector
13 Classification of block—middle sector
14 Classification of block—lower sector

Division 2 River Register
15 River Register
16 Entry of information in River Register

Part 3 Discharge rules

Division 1 Preliminary
17 Salinity targets
18 Definitions

Division 2 Principal rules about discharges
19 No discharges except from authorised discharge point
20 No discharges except during site discharge period
21 Services Co-ordinator to determine site discharge period
22 Maximum discharge during site discharge period

Division 3 Volume discharge limit—high flow block
Note
23 High flow block—determination of volume discharge limit
24 Sector credit discount factor—high flow block
25 Total allowable discharge of salt

Division 4 Volume discharge limit—flood flow blocks
26 Flood flow block
Note

Division 5 Trading rules order
27 Imposition of trading rules by EPA
28 Effect of trading rules order
29 Effect of order—determination of volume discharge limit
30 Sector credit discount factor
31 Total allowable discharge of salt

Division 6 Other rules relating to discharges
32 Saline water to be discharged at a regular rate
33 Record keeping requirements
34 Reporting requirements

Division 7 Emergency dilution arrangements
35 Defence—emergency dilution arrangements

Part 4 Credits in scheme

Division 1 General
36 Creation of credits
37 Authority conferred by credit
38 Lifespan of credit
39 Who may hold credit

Division 2 Initial allocation of credits
40 First issue credits
41 Allocation of first issue credits to relevant licence holders

Division 3 Allocation of residual first issue credits
42 Residual first issue credits
43 Notice of intention to allocate residual first issue credits
44 Eligibility criteria
45 Number of credits to be allocated

Division 4 Creation and sale of new credits
46 New credits to be created every 2 years
47 Sale of new credits by auction
48 Sale of new credits by private treaty
49 Sale of residual first issue credits

Part 5 Trading in credits

Division 1 Trading in credits
50 Trading in credits
51 Trading facility to be established
52 Registration of credit traders
53 Use of credit trading facility
54 Transfers to be effected by registered traders by means of facility
55 Transfers may be made for consideration

Division 2 Trading rules
56 General rules as to transfers
57 To whom credits may be transferred
58 Retrospective transfers not permitted
59 Credits valid for single use only
60 Effect of sector credit discount factor on transfers
61 Offence for contravention of trading rules
62 Effect of contravention of trading rules on volume discharge limit

Division 3 Credit Register
63 Credit Register
64 Transfers to be entered in Register
65 Correction of Credit Register

Part 6 Administration of scheme

Division 1 Services Co-ordinator
66 Services Co-ordinator
67 Engagement of contractors to carry out functions
68 Functions of EPA

Division 2 Registrar
69 Registrar

Division 3 Operations Committee
70 Appointment of Operations Committee
71 Functions of Operations Committee
72 Failure by Operations Committee to perform functions

Part 7 Cost recovery

Division 1 Contribution payable by participants towards costs of scheme
73 Participants required to contribute toward costs of scheme
74 Calculation of contribution
75 Contribution on credit holdings
76 Contribution on licence
77 Contributions on forfeited credits

Division 2 Calculating total contributions amount
78 Total contributions amount
79 Costs of Services Co-ordinator
80 Costs of Registrar
81 Costs of EPA

Division 3 Adjustments to total cost
82 Functions of EPA
83 Reconciliation at end of scheme year
84 Auction and sale proceeds
85 Adjustments to contributions

Part 8 Enforcement
86 General enforcement power of EPA
87 Confirmation of enforcement order
88 Forfeiture of credits
89 Notice of reasons for making forfeiture order
90 Effect of forfeiture order
91 Offence of providing false information

Part 9 Miscellaneous
92 Suspension of scheme
93 Review of Regulation—timetable
94 Amendment of Protection of the Environment Operations (Penalty Notices) Regulation 1999

Part 10 Savings and transitional provisions
95 Regulation supersedes pilot scheme
96 Services Co-ordinator
97 First scheme year
98 Discharge licences issued under pilot scheme

Schedule 1 Allocation of first issue credits

Schedule 2 Constitution and procedure of Operations Committee

Dictionary

Historical notes