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Contents (2009 - 211)
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Protection of the Environment Operations (General) Regulation 2009
Current version for 1 September 2019 to date (accessed 24 September 2019 at 19:05)
Chapter 7 Part 3
Part 3 Burning of bio-material in electricity generating works
96   Definitions
In this Part—
Australian native tree means any tree of a species indigenous to Australia.
electricity generating work means a work (including associated facilities) that supplies, or is capable of supplying, more than 200 kilowatts of electricity.
forestry operations means—
(a)  logging operations, namely, the cutting and removal of timber from land for the purpose of timber production, or
(b)  the harvesting of forest products.
heads and off-cuts means those parts of a tree that are removed in the course of obtaining a pulp wood log or saw log from the tree, but does not include the following—
(a)  any part of a saw log, pulp wood log or tree stump,
(b)  any part of a dead tree.
native forest bio-material means the bio-material comprised in Australian native trees, other than—
(a)  bio-material obtained from—
(i)  an authorised plantation within the meaning of the Plantations and Reafforestation Act 1999, or
(ii)  an existing plantation within the meaning of section 9 of that Act, or
(iii)  land on which exempt farm forestry (within the meaning of that Act) is being carried out, or
(iv)  land on which ancillary plantation operations (within the meaning of section 9 of that Act) are being carried out, or
(a1)  bio-material obtained from—
(i)  trees cleared in accordance with a land management (native vegetation) code under Division 5 of Part 5A of the Local Land Services Act 2013, or
(ii)    (Repealed)
(iii)  pulp wood logs and heads and off-cuts resulting from clearing carried out in accordance with a private native forestry plan or forestry operations carried out in accordance with an integrated forestry operations approval under Part 5B of the Forestry Act 2012, or
(iv)  trees cleared as a result of thinning carried out in accordance with a private native forestry plan or in accordance with an integrated forestry operations approval under Part 5B of the Forestry Act 2012, or
(b)  sawdust or other sawmill waste, or
(c)  waste arising from wood processing or the manufacture of wooden products, other than waste arising from activities (such as woodchipping or the manufacture of railway sleepers) carried out at the location from which the Australian native trees are harvested.
private native forestry plan has the same meaning as in Part 5B of the Local Land Services Act 2013.
pulp wood logs means any logs used to make a reconstituted wood product such as paper, but does not include the following—
(a)  saw logs,
(b)  any part of a dead tree,
(c)  logs obtained from any of the following species of tree—
(i)  Rough-barked Apple (Angophora floribunda),
(ii)  Smooth-barked Apple (Angophora costata),
(iii)  Scribbly Gum (Eucalyptus rossii),
(iv)  Turpentine (Syncarpia glomulifera).
saw logs means logs that can be used to create timber products that maintain a woody structure.
thinning means the selective removal of individual trees, or parts of trees, for the purposes of reducing competition between trees, allowing growth of remaining trees, tree regeneration and groundcover growth and improving or maintaining the structure and composition of native vegetation.
97   Must not use native forest bio-material to generate electricity
The occupier of any premises who causes or allows native forest bio-material to be burned in any electricity generating work in or on those premises is guilty of an offence.
Maximum penalty—
(a)  in the case of a corporation—400 penalty units, or
(b)  in the case of an individual—200 penalty units.
98   Record keeping
(1)  The occupier of any premises who causes or allows bio-material of any kind to be burned in any electricity generating work in or on those premises during a relevant period must—
(a)  keep records in relation to fuel held during the relevant period at those premises, and
(b)  retain those records for at least 4 years after the end of the relevant period.
Maximum penalty—
(a)  in the case of a corporation—200 penalty units, or
(b)  in the case of an individual—100 penalty units.
(2)  Records required to be kept under this clause must be kept in accordance with the guidelines (if any) established by the EPA and published in the Gazette.
(3)  In this clause—
relevant period, in relation to an electricity generating work, means—
(a)  in the case of a work the subject of an environment protection licence, the licence fee period in relation to that licence (within the meaning of Part 1 of Chapter 2), or
(b)  in the case of any other work, the year ending 30 June in each calendar year.