You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Contents (2009 - 211)
Skip to content
Protection of the Environment Operations (General) Regulation 2009
Current version for 1 September 2019 to date (accessed 18 September 2019 at 21:11)
Schedule 8
Schedule 8 Savings and transitional provisions
Part 1 Provisions consequent on enactment of Act
1   Definition
In this Part—
repealed Act means the Clean Air Act 1961, the Clean Waters Act 1970, the Environmental Offences and Penalties Act 1989, the Noise Control Act 1975, the Pollution Control Act 1970, the provisions of the Ozone Protection Act 1989 omitted by Schedule 4.14 to the Act or the provisions of the Waste Minimisation and Management Act 1995 omitted by Schedule 4.19 to the Act.
2   Criminal and other proceedings
(1)  Parts 8.2 and 8.4 and sections 261 and 262 of the Act extend (subject to this clause) to proceedings in connection with a repealed Act in respect of offences committed against a repealed Act or regulation under a repealed Act before its repeal or in respect of any related matter that continues to have force or effect. This subclause applies whether the proceedings were pending on the commencement of the Act or whether the proceedings are instituted after that commencement.
(2)  Parts 8.2 and 8.4 and sections 261 and 262 of the Act apply with such modifications as are necessary for the purposes of applying those provisions to any such proceedings. In particular, the following references in those provisions are to be read as follows—
(a)  a reference to an offence arising under Part 5.2 of the Act is to be read as including a reference to a Tier 1 offence under the Environmental Offences and Penalties Act 1989,
(b)  a reference to a prescribed offence for the purposes of section 216 of the Act is to be read as including a reference to a prescribed offence within the meaning of section 12 of the Environmental Offences and Penalties Act 1989,
(c)  a reference in section 218 of the Act to an authority or officer entitled to institute proceedings is to be read as including a reference to an authority or officer entitled under section 13 of the Environmental Offences and Penalties Act 1989 to institute the proceedings.
(3)  The provisions of a repealed Act relating to the orders that a court may make when it finds an offence proved continue to have effect in respect of any such proceedings.
3   Other existing exemptions, notices, directions, orders or requirements
(1)  A notice, direction, order, requirement or exemption that—
(a)  is given, issued or made under a repealed Act, and
(b)  is in force on that repeal,
continues to have effect for the purposes of the repealed Act.
(2)  Any such notice, direction, order, requirement or exemption does not have effect for the purposes of a corresponding provision of or made under the Act, unless this Regulation or any other regulation under the Act so provides.
(3)  Accordingly, any such notice, direction, order, requirement or exemption may be enforced in accordance with the provisions of the relevant repealed Act.
4   Clean-up by public authorities in respect of previous incidents
Directions may be given, and action taken, under section 92 of the Act in respect of pollution incidents occurring before as well as after the commencement of the Act.
Part 2 Provisions consequent on commencement of Protection of the Environment Operations (General) Regulation 2009
5   General savings of acts, matters and things done under repealed regulations
Any act, matter or thing that, immediately before the repeal of a regulation by this Regulation, had effect under that repealed regulation, continues to have effect under this Regulation.
6   Amounts payable on termination or expiration of existing load reduction agreements
Clause 28B of the Protection of the Environment Operations (General) Regulation 1998, as in force immediately before its repeal, continues to apply to load reduction agreements entered into before that repeal as if that clause had not been repealed.
7   Members of Review Panel
A person who, immediately before the repeal of the Protection of the Environment Operations (General) Regulation 1998, is a member of the Load-Based Licensing Technical Review Panel under Part 2.2 of that Regulation is taken to a member of the Review Panel under this Regulation until such time as the member completes his or her term of office, as specified in the member’s instrument of appointment, or the office of the member otherwise becomes vacant in accordance with clause 5 of Schedule 4.
8   Pollutant weightings
If a load-based fee is payable after the commencement of this Regulation in respect of a period that started before that commencement, a pollutant weighting specified in Part 2 of Schedule 2 extends to the whole of that period.
9   Load-based licensing fee—carbon black production
Despite any other provision of this Regulation, no load-based fee is payable in respect of carbon black production (within the meaning of clause 8 of Schedule 1 to the Act) during any licence fee period that commences before 30 June 2011.
10   Definition
In this Part, amending Regulation means the Protection of the Environment Operations Amendment (Scheduled Activities) Regulation 2013.
11   Commencement of licensing requirements for coal seam gas exploration, assessment or production
Despite clause 47 of the Regulation, if, because of the amendment of Schedule 1 to the Act by the amending Regulation, it has become necessary for a person to be authorised by a licence to continue to carry out any work or activity, a licence is not required until the later of the following—
(a)  the end of the period 3 months after the commencement of that amendment,
(b)  the relevant licence application (if any) made before the end of that period by the person has been finally determined.
12   Commencement of licensing requirements for electricity works (wind farms)
(1)  A licence authorising scheduled development work in respect of the scheduled activity of electricity works (wind farms) is not required by a person proposing to carry out such work until the later of the following—
(a)  the end of the period of 9 months after the commencement of the amending Regulation,
(b)  the relevant licence application (if any) made before the end of that period by the person has been finally determined.
(2)  A licence authorising the scheduled activity of electricity works (wind farms) is not required by a person proposing to carry out such activity until the later of the following—
(a)  the end of the period of 9 months after the commencement of the amending Regulation,
(b)  the relevant licence application (if any) made before the end of that period by the person has been finally determined.
13   Commencement of licensing requirements for petroleum exploration, assessment and production
Despite clause 47 of this Regulation, if, because of the amendment of Schedule 1 to the Act by the Protection of the Environment Operations Amendment (NSW Gas Plan) Regulation 2014, it has become necessary for a person to be authorised by a licence to continue to carry out any work or activity, a licence is not required until the later of the following—
(a)  the end of the period 3 months after the commencement of that amendment,
(b)  the relevant licence application (if any) made before the end of that period by the person has been finally determined.
14   First levy period extends back to 1 July 2014
(1)  Emissions occurring on or after 1 July 2014 but before the commencement of Part 2 of Chapter 5A are to be taken into account under that Part in the same way as if those emissions had occurred after that commencement but before 1 July 2015.
(2)  Monitoring or general program costs of the EPA occurring on or after 1 July 2014 but before the commencement of Part 2 of Chapter 5A are to be taken into account under that Part in the same way as if those costs had occurred after that commencement but before 1 July 2015.
15   Costs of establishing monitoring program to be added to first levy
Any costs related to the establishment of the monitoring program under Part 2 of Chapter 5A are to be added to the general program costs for the first levy period even if those costs were incurred before that period commenced.
16   Definitions
In this Part—
commencement day means the day on which the amending regulation commenced.
licence application means an application for a licence or an application to vary a licence.
railway infrastructure construction licence means a licence for the scheduled activity of railway activities—railway infrastructure construction.
railway infrastructure operations licence means a licence for the scheduled activity of railway activities—railway infrastructure operations.
rolling stock operations licence means a licence for the scheduled activity of railway activities—rolling stock operations.
17   Licensing requirements—person not holding existing licence (railways)
For the purposes of section 52 (1) (a) of the Act (and despite clause 47 of this Regulation), the prescribed period is—
(a)  3 months after the commencement day in the case a person who, because of the amending regulation, is required to be authorised by a railway infrastructure construction licence to continue to carry out any work or activity, or
(b)  6 months after the commencement day in the case a person who, because of the amending regulation, is required to be authorised by a railway infrastructure operations licence or a rolling stock operations licence to continue to carry out any work or activity.
18   Licensing requirements—person holding existing licence (railways)
(1)  A person who held a licence for the scheduled activity of railway systems activities that was in force immediately before the commencement day is taken, on the commencement day, to hold a railway infrastructure construction licence, a railway infrastructure operations licence and a rolling stock operations licence.
(2)  A person who is taken to hold a licence under this clause is taken to hold that licence—
(a)  in the case of a railway infrastructure operations licence—until 6 months after the commencement day or if the person makes a relevant licence application before the end of that period that is not determined before the end of that period, when that application is finally determined, or
(b)  in the case of a rolling stock operations licence taken to be held by an occupier of land referred to in clause 19—until that clause ceases to apply to the occupier.
(3)  Nothing in subclause (2) prevents the earlier suspension, revocation or surrender of a licence referred to in that subclause in accordance with the Act.
(4)  A person who is taken to hold a railway infrastructure construction licence is taken to hold that licence until it is suspended, revoked or surrendered in accordance with the Act.
(5)  Nothing in this clause authorises a person to carry out an activity that the person was not permitted to carry out under the licence for the scheduled activity of railway systems activities held by the person.
19   Operator of rolling stock taken to include land occupier
(1)  In addition to any person who is required to hold a licence under clause 33B of Schedule 1 to the Act in respect of the operation of rolling stock on a track, the occupier of the land on which the track is situated is also required to hold a licence for the operation of that rolling stock.
(2)  This clause ceases to apply to an occupier of land 10 months after the commencement day or on the day on which each person who operates rolling stock on a track on the land holds a licence under clause 33B (whichever occurs first).
20   Licensing requirements for road construction
For the purposes of section 52 (1) (a) of the Act (and despite clause 47 of this Regulation), the prescribed period is 3 months after the commencement day in the case a person who, because of the substitution of clause 35 of Schedule 1 to the Act by the amending regulation, is required to be authorised by a licence to continue to carry out any work or activity.
21   Licensing requirements for road tunnel emissions
(1)  For the purposes of section 52 (1) (a) of the Act (and despite clause 47 of this Regulation), the prescribed period is 6 months after the commencement day in the case of a person who, because of the amending regulation, is required to be authorised by a licence for the scheduled activity of road tunnel emissions to continue to carry out any work or activity.
(2)  Section 52 of the Act and subclause (1) apply to a road tunnel (referred to in clause 35A of Schedule 1 to the Act) that commences to operate as a road tunnel within 6 months after the commencement day in the same way as those provisions apply to a road tunnel that commenced to operate as a road tunnel before the commencement day.