- Protection of the Environment Operations Act 1997 No 156
- Status information
- Long title
- Chapter 1 Preliminary
- Chapter 2 Protection of the environment policies
- Part 2.1 Introduction
- Part 2.2 Draft policies
- Part 2.3 General procedure for preparing draft policies
- 14 Application of Part
- 15 EPA to give notice of intention to prepare draft PEP
- 16 EPA to prepare draft PEP and impact statement
- 17 Public consultation on draft PEP and impact statement
- 18 Other consultation during preparation of draft PEP
- 19 EPA to consider impact statement and submissions
- 20 Submission of draft PEP to Minister
- Part 2.4 Special procedure for preparing draft policies
- Part 2.5 Making policies
- Part 2.6 Interim policies
- Part 2.7 Implementing policies
- 28 Implementing PEPs—action under this Act and other environment protection legislation
- 29 Implementing PEPs—action under Environmental Planning and Assessment Act 1979
- 30 Implementing PEPs—action by public authorities
- 31 Discretions and functions of public authorities
- 32 Definition of “public authority”
- Part 2.8 Miscellaneous
- 33 Amendment or repeal of PEPs
- 34 Publication and commencement of PEPs
- 35 Machinery matters for which PEPs may make provision
- 36 PEPs not to create offences
- 37 Judicial notice and validity of PEPs
- 38 Failure to comply with procedural requirements
- 39 Copies of PEPs to be available to public
- 40 Abandonment of draft PEP
- 41 Subordinate Legislation Act 1989 does not apply to PEPs
- Chapter 3 Environment protection licences
- Part 3.1 Introduction
- Part 3.2 Licences required for scheduled development work and scheduled activities
- 47 Licensing requirement—scheduled development work
- 48 Licensing requirement—scheduled activities (premises-based)
- 49 Licensing requirement—scheduled activities (not premises-based)
- 50 Timing of licensing of development requiring consent under EP&A Act
- 51 Integrated development
- 52 Commencement of licensing requirements
- Part 3.3 Issue, transfer and variation of licences
- 53 Application for issue of licence
- 54 Application for transfer of licence
- 55 Grant or refusal of application
- 56 Premises to which licence applies
- 57 Licence fees
- 58 Variation of licences
- 59 Restrictions on making applications
- 60 Requirement for further information
- 61 Reasons to be given for grant or refusal of certain licence applications
- 62 Copyright
- Part 3.4 Licence conditions
- Part 3.5 Particular licence conditions
- 65 Part not exclusive
- 66 Conditions requiring monitoring, certification or provision of information, and related offences
- 67 Conditions for mandatory environmental audits
- 68 Conditions requiring pollution studies and reduction programs
- 69 Conditions relating to schemes for economic measures and environmental monitoring programs
- 70 Conditions for financial assurances
- 71 Conditions for remediation work on premises
- 72 Conditions for insurance cover
- 73 Conditions to take effect later
- 74 Conditions for positive covenants
- 75 Conditions relating to waste
- 76 Post-closure requirements for waste facilities or other licensed premises
- Part 3.6 Duration and review of licences
- Part 3.7 Suspension, revocation and surrender of licences
- Part 3.8 Miscellaneous
- Chapter 4 Environment protection notices
- Chapter 5 Environment protection offences
- Part 5.1 Classification of offences
- Part 5.2 Tier 1 offences
- Part 5.3 Water pollution
- Part 5.4 Air pollution
- Division 1 General
- 124 Operation of plant (other than domestic plant)
- 125 Maintenance work on plant (other than domestic plant)
- 126 Dealing with materials
- 127 Proof of causing pollution
- 128 Standards of air impurities not to be exceeded
- 129 Emission of odours from premises licensed for scheduled activities
- 130 Provisions prevail
- 131 Exclusion of residential premises
- 132 Maximum penalty for air pollution offences
- Division 2 Air pollution from fires
- Division 3 Domestic air pollution
- Part 5.5 Noise pollution
- Part 5.6 Land pollution and waste
- Division 1 Preliminary
- Division 2 Land pollution
- Division 3 Waste offences
- 143 Unlawful transporting or depositing of waste
- 144 Use of place as waste facility without lawful authority
- 144AAA Unlawful disposal of asbestos waste
- 144AAB Re-use and recycling of asbestos waste prohibited
- 144AA False or misleading information about waste
- 144AB Repeat waste offenders
- 144AC Use of approved GPS tracking device required by EPA for waste transportation vehicles
- Part 5.6A Littering
- 144A Definitions
- 145 Littering generally
- 145A Aggravated littering
- 146 Owners and drivers of motor vehicles and trailers involved in littering
- 146A Depositing of advertising material
- 146B Advertising material not to be placed in or on vehicles
- 146C Offence to cause or ask person to commit offence
- 146D Littering reports
- 146E Restrictions on release of balloons
- 146F Application of Part to State waters
- Part 5.7 Duty to notify pollution incidents
- 147 Meaning of material harm to the environment
- 148 Pollution incidents causing or threatening material harm to be notified
- 149 Manner and form of notification
- 150 Relevant information to be given
- 151 Incidents not required to be reported
- 151A EPA may require other notification of pollution incidents
- 152 Offence
- 153 Incriminating information
- Part 5.7A Duty to prepare and implement pollution incident response management plans
- Part 5.8 Motor vehicles
- Division 1 Preliminary
- Division 2 Sale and maintenance of motor vehicles
- 155 Sale of motor vehicles
- 156 Sale of motor vehicles without anti-pollution devices
- 157 Adjustment etc of anti-pollution devices and motor vehicles
- 158 Service or repair of motor vehicles
- 159 Sale of motor vehicles not serviced, maintained or adjusted as prescribed
- 160 Defences
- 161 Notices
- 162 Minister’s power to prohibit use of motor vehicles in certain circumstances
- Division 3
- Division 4 Registration of motor vehicles
- Part 5.9 General offences
- 167 Control equipment
- 168 Ancillary offences
- 169 Liability of directors etc for offences by corporation—offences attracting special executive liability
- 169A Liability of directors etc for offences by corporation—offences attracting executive liability generally
- 169B Liability of directors etc for offences by corporation—accessory to the commission of the offences
- 169C Evidence as to state of mind of corporation
- 170 Extra-territoriality
- Chapter 6 Environmental audits
- Chapter 7 Investigation
- Part 7.1 Preliminary
- Part 7.2 Authorised officers and enforcement officers
- Part 7.3 Powers to require information or records
- 190 Application of Part
- 191 Requirement to provide information and records (EPA)
- 192 Requirement to provide information and records (other regulatory authorities)
- 193 Requirement to provide information and records (authorised officers)
- 194 Manner, time etc for compliance
- 195 Provisions relating to records
- Part 7.4 Powers of entry and search of premises
- 196 Powers of authorised officers to enter premises
- 197 Entry into residential premises only with permission or warrant
- 198 Powers of authorised officers to do things at premises
- 198A Power to disable intruder alarms
- 199 Search warrants
- 199A Authorised officers may request assistance
- 200 Assistance to be given to authorised officers
- 201 Care to be taken
- 202 Compensation
- Part 7.5 Powers to question and to identify persons
- Part 7.6 Powers with respect to vehicles, vessels and other articles
- 205 Definitions
- 205A Application of Part
- 206 Power to inspect and test
- 207 Power to require articles to be tested or inspected
- 208 Stopping of vehicles and vessels for inspection or testing
- 209 Power to seize articles (other than vehicles or vessels) to test for noise
- 210 Power to require information about articles
- Part 7.6A Seizure of motor vehicles or vessels used to commit repeat waste offences
- Part 7.7 General
- 211 Offences
- 212 Provisions relating to requirements to furnish records, information or answer questions
- 212A Revocation or variation
- 212B Extraterritorial application
- 212C Actions by incorrect regulatory authority
- 212D Appropriate regulatory authority may continue to exercise functions
- 212E Extraterritorial exercise of functions
- Chapter 8 Criminal and other proceedings
- Part 8.1 Preliminary
- Part 8.2 Proceedings for offences
- Division 1 Proceedings for offences generally
- Division 2 Who may institute proceedings for offences
- 217 EPA or other appropriate regulatory authority may institute proceedings
- 218 Other authorities who may also institute proceedings
- 218A Agents may institute proceedings
- 219 Other persons may institute proceedings with leave of Land and Environment Court
- 220 Officers and employees of authorities
- 221 Penalty notices and related proceedings
- Division 3 Penalty notices (tier 3 offences)
- Division 4 Restraining orders
- 230 Application of Division
- 231 Nature of restraining order
- 232 Application for restraining order
- 233 Making of restraining order
- 234 Undertakings
- 235 Ancillary orders
- 236 Charge on property subject to restraining orders
- 237 Registration of restraining orders
- 237A Recovery of costs of registering charge on land
- 237B Recovery of costs of lodging caveat
- 238 Contravention of restraining orders
- 239 Court may revoke restraining order
- 240 Time when restraining order ceases to be in force
- Division 5 Sentencing
- Division 6 Continuing offences
- Part 8.3 Court orders in connection with offences
- 243 Operation of Part
- 244 Orders generally
- 245 Orders for restoration and prevention
- 246 Orders for costs, expenses and compensation at time offence proved
- 247 Recovery of costs, expenses and compensation after offence proved
- 248 Orders regarding costs and expenses of investigation
- 249 Orders regarding monetary benefits
- 250 Additional orders
- 251 Offence
- Part 8.4 Civil proceedings to remedy or restrain breaches of Act or harm to environment or enforce undertakings
- Part 8.5 Evidentiary provisions
- 254 Definitions
- 255 Evidence of threshold tests for scheduled activities
- 256 Onus of proof of certain matters
- 257 Occupier of premises responsible for pollution from premises
- 258 Evidence relating to occupier of premises
- 259 Proof of certain appointments not required
- 260 Documentary evidence generally
- 261 Certificate evidence of certain matters
- 262 Evidence of analysts
- Part 8.6 Noise—special provisions
- Chapter 9 Miscellaneous
- Part 9.1 Exemptions
- Part 9.2 Appeals
- 287 Appeals regarding licence applications and licences
- 288 Appeals regarding notices under section 86 relating to work at premises
- 289 Appeals against prevention notices
- 289A Appeals regarding notices under section 144AC relating to use of approved GPS tracking devices
- 290 Appeals regarding noise
- 291 Appeals regarding decisions under the regulations
- 292 Determination of appeals
- Part 9.3 Economic measures
- Part 9.3A Tradeable emission schemes
- 295A Definitions
- 295B Tradeable emission schemes
- 295C Regulations relating to tradeable emission schemes
- 295D Licence conditions
- 295E Imposition of penalties for contravention of scheme
- 295F Other action that may be taken by EPA
- 295G Participation in scheme by EPA
- 295H Cost recovery
- 295I Tradeable Emission Schemes Fund
- 295J Exercise of scheme functions by other persons and bodies
- 295K Liability for operation of scheme
- 295L Application of Duties Act 1997
- Part 9.3B Green offsets
- 295M Definitions
- 295N Licence conditions
- 295O Green offset schemes
- 295P Green offset works
- 295Q Regulations relating to green offsets
- 295R Action that may be taken by EPA in relation to green offset schemes or works
- 295S Administrative costs
- 295T Payment of contributions
- 295U Green Offsets Fund
- 295V Exercise of scheme functions by other persons and bodies
- 295W Liability for operation of scheme
- 295X Application of Duties Act 1997
- Part 9.3C Environmental monitoring
- Part 9.3D Pollution incidents—analysis of risk
- Part 9.4 Financial assurances
- 296 Purpose of this Part
- 297 Definition of “conditions” of licence
- 298 Requiring financial assurances
- 299 Restriction on requiring financial assurance
- 300 Amount of financial assurances
- 301 Guidelines about financial assurances
- 302 Carrying out of work or program when licensee fails to do so
- 303 Claim on or realising of financial assurance
- 304 Lapsing of financial assurance
- 305 Liability of appropriate regulatory authority, State and others
- 306 Financial assurance not to affect other action
- 307 Disputes regarding call on or use of financial assurance
- Part 9.5 Public register
- Part 9.6 Formal inquiries
- Part 9.7 Other miscellaneous provisions
- 315 Act to bind Crown
- 316 Resolution of disputes between EPA and public authorities
- 317 Appointment of persons to exercise certain functions
- 318 Exercise of local authority’s licensing functions by EPA
- 319 Disclosure of information
- 319A Continuing effect of notices and conditions
- 320 Disclosure of monitoring data
- 320A False representations as to EPA approval, use or recommendation and licences
- 321 Service of notices
- 322 Effect of this Act on other rights, remedies and proceedings
- 323 Regulations
- 324 Repeals
- 325 (Repealed)
- 326 Savings, transitional and other provisions
- 327 Review of Act
- Schedule 1 Scheduled activities
- Schedule 2 Regulation-making powers
- Schedule 2A Enforcement of gas and other petroleum legislation
- Schedule 3 Repeals
- Schedule 4 (Repealed)
- Schedule 5 Savings, transitional and other provisions
- Dictionary
- Historical notes
Protection of the Environment Operations Act 1997 No 156
Current
version
for 14 May 2020
to date
(accessed 8 August 2020 at 05:50)
114 Classification of offences
(1) Tier 1 offences are the offences under Part 5.2.(2) Tier 2 offences are all other offences under this Act or the regulations.(3) Tier 3 offences are tier 2 offences that may be dealt with under Part 8.2 by way of penalty notice.