Protection of the Environment Operations (General) Regulation 2009
Part 3 Miscellaneous licensing provisions
46 Scheduled development work
Pursuant to section 47(3) of the Act, the following is specified as scheduled development work for the purposes of the Act—Work at any premises at which scheduled activities of a class listed in Schedule 1 to the Act are carried on that is designed to enable scheduled activities of a different class listed in that Schedule not authorised by a licence to be carried on at the premises.
47 Commencement of licensing for existing activities
For the purposes of section 52(1)(a) of the Act, the prescribed period is 9 months.
48 Exclusion of Part 5 of EPA Act
Part 5 of the Environmental Planning and Assessment Act 1979 does not apply to the issue of an environment protection licence referred to in section 52(1) of the Protection of the Environment Operations Act 1997 so long as the licence authorises only the same or substantially the same work or activity, and level of work or activity, as was being carried out immediately before the application for the issue of the licence was made.
49 Statement of reasons for grant or refusal of licence
(1) A statement provided by a regulatory authority, under section 61 or 80 of the Act, of the reasons for the grant or refusal of a licence application must set out the following matters (in addition to any other matters the authority considers appropriate)—(a) the significant environmental or other issues that the authority took into account in making its decision on the licence application,(b) any significant environmental outcomes, standards or requirements (if relevant) that the authority considered applicable to the activity the subject of the application and that the authority took into account in making its decision on the application.(2) A statement of reasons may set out any of the above matters by reference to information set out in a document that is available to the person requesting the statement of reasons or that is otherwise publicly available.
50 Fee for transfer of licence
For the purposes of section 54(2)(c) of the Act, the fee that must accompany an application for the transfer of a licence is 2 administrative fee units.
51 Refusal of certain licence applications
(1) An application for the issue, transfer or variation of a licence, or for approval of the surrender of a licence, may be refused by the appropriate regulatory authority—(a) if any fee or other amount due and payable under the Act or this Regulation in relation to the application or licence is unpaid, or(b) if the applicant has previously defaulted in the payment of any such fee or other amount in respect of that or any other licence and the default continues.(2) This clause does not limit any other grounds on which an application may be refused.
51A Fit and proper persons
For the purposes of section 83(2)(o) of the Act, the appropriate regulatory authority may take into account whether the person has, within the previous 3 years, failed to pay any fee or other amount payable under the environment protection legislation or has paid any such fee or amount late.
52 Other relevant legislation
Pursuant to section 83(5) of the Act, the following repealed Acts, provisions of Acts and Regulations are declared to be other relevant legislation for the purposes of section 83—(a) Clean Air Act 1961,(e) Pesticides Act 1978,(f) Pollution Control Act 1970,(h) the provisions of the Ozone Protection Act 1989 omitted by Schedule 4.14 to the Act,(i) regulations made under the above Acts or provisions.
53 Application of payments
If a person who makes a payment under this Chapter to the EPA does not identify the nature or purpose of the payment, the EPA may apply the payment towards any liability of the person under this Chapter in such manner as it thinks fit.
54 Preservation of records
(1) A licence holder must retain all records used by the licence holder to calculate the amount of a licence fee under Part 1 for a period of not less than 4 years from the date on which the fee was paid or payable, whichever is the later.Maximum penalty—(a) in the case of a corporation—200 penalty units, or(b) in the case of an individual—200 penalty units.(2) A licence holder is liable to a penalty under subclause (1) in addition to the licence fee.