OEH Regulation summaries
This page contains summaries of regulations administered by the Office of Environment and Heritage. Under each regulation name there are also links to the full text of the regulation (from the NSW legislation website) and, where available, further information relevant to the operation of the regulation.
Full Text
This Regulation makes provision with respect to the following:
the management, use and regulation of the lands vested in the Centennial Park and Moore Park Trust
the issue of penalty notices in relation to certain offences committed on those lands
the composition of the Centennial Park and Moore Park Trust Community Consultative Committee, the appointment and removal of members of that Committee
Full text
This Regulation:
prohibits the carrying out of certain development on any part of the coastal zone below the mean high water mark (excluding any estuary, lake or artificial harbour), except with the concurrence of the Minister for the Environment
provides that requirements specified in a Code of Practice published by the Department of Environment, Climate Change and Water in March 2011 must be complied with in relation to the placement, maintenance and removal of emergency coastal protection works, and orders to remove material, structures and emergency coastal protection works on beaches, and the restoration of land after the removal of material, structures and emergency coastal protection works
provides for a scheme of categorisation of land within the coastal zone into risk categories according to the level of the risk that particular land will be adversely affected by coastal hazards, including providing for the determination by the Minister, by certification of a council’s coastal zone management plan, of the risk category to which particular land is to be allocated, the inclusion in planning certificates issued under section 149 of the Environmental Planning and Assessment Act 1979 of information regarding such determinations
authorises persons to whom a Coastal Authority may delegate the exercise of its functions
prescribes certain offences under the Coastal Protection Act 1979 as penalty notice offences and prescribes penalty notice amounts for those offences
Full text | More about contaminated land
The Regulation prescribes a number of matters for the purposes of the Contaminated Land Management Act 1997, including:
- the content of site auditors’ annual returns;
- the fees payable in connection with accreditation as a site auditor;
- the time within which an application for renewal of accreditation must be made;
- the amount which the EPA may recover for its costs incurred in relation to investigation and remediation orders;
- penalty notice amounts for offences under the Act.
Full Text
The Dangerous Goods (Road and Rail Transport) Regulation 2009 commenced on 1 May 2009. This regulation replaces the Road and Rail Transport (Dangerous Goods) (Rail) Regulation 1999 and the Road and Rail Transport (Dangerous Goods) (Road) Regulation 1998. This regulation provides for the licensing of both vehicles and drivers transporting dangerous goods. The regulation requires compliance with the seventh edition of the Australian Dangerous Goods Code in relation to various aspects of the transport of dangerous goods.
Full text | More about chemicals
This Regulation:
- sets various fees in relation to assessments of technology and prescribed activities by the EPA and in relation to licences to carry on prescribed activities;
- specifies the matters to be included in applications for assessment of prescribed activities, in EPA notices about assessments of chemicals, and in EPA notices about applications for licences and transfers of licences;
- provides for the appointment of alternate members of the Hazardous Chemicals Advisory Committee;
- provides for the time within which certain appeals under the Environmentally Hazardous Chemicals Act 1985 may be made; and
- prescribes the information to be included in registers under the Act.
Full Text
This Regulation:
specifies the requirements of conservation management plans, including a requirement that conservation management plans be prepared in accordance with guidelines issued by the Director of the Heritage Office
specifies the requirements for heritage impact statements, including a requirement that heritage impact statements be prepared in accordance with guidelines issued by the Director of the Heritage Office
prescribes fees for certain applications made under the Heritage Act 1977
prescribes the fees chargeable for the review of conservation management plans
prescribes the relevant form for a cerificate of authority under s148 of the Heritage Act 1977
imposes minimum standards with respect to maintenance and repair of buildings, works and relics that are listed on the State Heritage Register or within a precinct listed on that register
Full Text
Part 5A of this Regulation:
specifies the types of works that are considered to be environmental upgrade works and, accordingly, that can be made the subject of an environmental upgrade agreement, and
modifies the application of the charge provisions of the Local Government Act 1993 to environmental upgrade charges, in particular, to facilitate the levying of the charge in respect of strata buildings and buildings owned by the Crown, and
requires a certificate issued by a council in respect of land affected by an environmental upgrade agreement to include a statement of environmental upgrade charges, and
modifies the Retail Leases Act 1994 in connection with the payment of contributions by lessees to environmental upgrade charges, and
specifies the mandatory requirements of the Ministerial guidelines relating to entry into environmental upgrade agreements, and
provides for other matters relating to the recovery of environmental upgrade charges.
Full text
This Regulation:
- Provides for the election of Islanders to the Lord Howe Island Board;
- Deals with applications for leases, consents to transfer leases or subleases, subleases and surrenders of, and rent for, leases of land on Lord Howe Island;
- Regulates aspects of the following issues in respect of Lord Howe Island: licensing of tourism and tourist accommodation, protection of the environment, impoting and use of motor vehicles, mooring and anchoring of vessels, public reserves, firearms, alcohol, operation of the airport and sewage treatment facilities;
- Applies to the Lord Howe Island Board provisions relating to councils under the Local Government Act 1993 that deal with powers of entry, the conduct of meetings and codes of conduct; and
- Prescribes certain offences as penalty notice offences.
Full text
This regulation governs various activities under the National Parks and Wildlife Act 1974, including:
the regulation of the use of national parks and other areas administered by DECCW (Part 2)
the preservation of public health in Kosciuszko National Park (Part 3)
licences and certificates (Part 4)
the protection of fauna (Part 5)
the exemption of Aboriginal people from the restrictions imposed by various sections of the Act on the hunting of certain animals and the gathering of certain plants (Part 6)
boards of management and plans of management in relation to Aboriginal land (Part 7)
advisory committees constituted under section 24 of the National Parks and Wildlife Act 1974 (Part 8).
The regulation replaces the former National Parks and Wildlife Regulation 2002.
Native Vegetation Regulation 2005Full text l More about Native Vegetation
This Regulation makes provision with respect to the following:
- development consents for clearing of native vegetation,
- the form and content of property vegetation plans (PVPs), variation and termination of PVPs and a register of PVPs,
- routine agricultural management activities, particularly their extension and limitation in certain cases,
- broadscale clearing (including the adoption of an Assessment Methodology for assessing and determining whether proposed broadscale clearing will improve or maintain environmental outcomes and special provision for long term environmental benefits),
- special provisions for vulnerable land and State protected land,
- special provision for the clearing of native vegetation for the purposes of private native forestry in accordance with a code of practice approved by the Minister,
- savings and transitional provisions,
- miscellaneous matters (including calculation methods for clearing of groundcover, and prescribing offences as penalty notice offences).
Full Text
This Regulation makes provision with respect to certain matters relating to the land vested in the Parramatta Park Trust, including:
the management, use and regulation of the trust lands, and
the issue of penalty notices in relation to offences occurring on the trust lands.
Full text | More about the Regulation | More about pesticides
This Regulation:
requires users of pesticides for commercial and occupational purposes, or in connection with agricultural, farming or forestry operations, to make and keep records of pesticide use and be trained to particular levels of competency in pesticide use;
requires certain pesticide users to give notice of pesticide use;
sets the licence fees for the aerial application of pesticides, and sets out the particulars to be included with the application for such licences;
prescribes the qualifications required to obtain a pilot (pesticide rating) licence;
prescribes certain substances as restricted substances and prescribed produce for the purposes of the Pesticides Act 1999 in relation to agricultural produce; and
prescribes offences under the Act and Regulation for which on-the-spot fines ('penalty notices') can be issued, and the amounts of those fines.
Full text
This Regulation deals with a number of matters in relation to members of the EPA Board, including:
- matters that members must disclose;
- the times and the method by which those disclosures are to be made; and
- the manner in which a register of disclosures is to be kept.
Full text | More about air, wood smoke
This Regulation remakes the Protection of the Environment Opeerations (Clean Air) Regulation 2002 with some relatively minor changes.
The Regulation deals with the sale of domestic solid fuel heaters (generally woodheaters) and requires the heaters to be certified as complying with emission limits set out in the relevant Australian Standard. It also prohibits tampering with such heaters.
In relation to motor vehicles and motor vehicle fuels, the Regulation deals with the following matters:
- the emission of air impurities, including excessive smoke from motor vehicles;
- the compulsory fitting and maintenance of anti-pollution devices, and exemptions from these requirements; and
- the method of transfer of petrol into a vehicle's fuel tank;
- the volatility of petrol; and
- vapour recovery at petrol service stations.
In relation to industry, the Regulation:
- sets maximum limits on emissions from activities and plant for a number of substances, including chlorine, dioxins, furans, smoke, solid particles and sulphur;
- deals with the transport and storage of volatile organic liquids;
- restricts the use of high sulphur liquid fuel;
- imposes operational requirements for certain afterburners, flares, vapour recovery units and other treatment plant.
In relation to household burning, the Regulation:
- controls burning in the open or in incinerators in local government areas;
- allows the EPA or local councils to grant approvals for burning in the open or in an incinerator in certain circumstances;
- prohibits the burning of certain articles (including tyres, paint and solvent containers, and certain treated timbers);
- imposes a general duty on persons to prevent or minimise air pollution when burning in the open or in an incinerator; and
- allows the EPA to grant a written exemption to a public authority in certain circumstances.
Full text | More about licensing
The Regulation contains provisions relating to:
- environment protection licences, including the calculation of administrative and load-based licence fees,
- the definition of ‘water pollution’ and exemptions from the offence of polluting waters under the Act,
- compliance with the National Environment Protection (National Pollutant Inventory) Measure made under the National Environment Protection Council Act 1994 (Cth),
- vehicle testing and inspection requirements in accordance with a notice given under s207 of the Act,
- the issuing of penalty notices under the Act and certain related environmental legislation,
- the appropriate regulatory authority for certain type of activities,
- exemptions from certain provisions of the Act,
- the prohibition on the burning of native forest bio-material in electricity generating works,
- fees for environmental protection notices,
- notification of pollution incidents,
- forms for police warrants of entry to premises concerning noise,
- time for making an appeal against a control notice relating to the keeping of animals,
- the evaluation of green offset schemes or green offset works,
- restrictions on requirements for financial assurances, and
- matters to be included in the public register kept under s308 of the Act.
Top of page
Full text | More about emissions trading
The Regulation formally establishes a tradeable emission scheme to manage discharges of saline water in the Hunter River catchment. The scheme uses a credit trading system to regulate the timing and quantity of the discharges, and is based on a pilot scheme conducted since 1995. The Regulation sets out detailed rules of the Scheme. For more information about the Hunter River Salinity Trading Scheme, see Emissions Trading.
Full text | More about noise
This Regulation repeals and remakes, with minor amendments, the provisions of the Protection of the Environment Operations (Noise Control) Regulation 2000.
The Regulation makes provision with respect to the following:
- the selling or using of motor vehicles with a temporary noise reduction device or with temporary noise reduction packing and the modification or repair of a vehicle to include any such device or packing
- the selling or using of certain classes of motor vehicles and motor vehicle accessories that are capable of emitting noise levels above a prescribed level,
- the use of motor vehicle horns and motor vehicle intruder alarms,
- the times during which it is not permissible to use certain motor vehicles if they emit noise that can be heard in other residential premises,
- the sounding of sirens and similar devices and the use of sound systems on vessels,
- the emission of noise from the engines or exhausts of motor vehicles and vessels,
- the maintenance of noise control equipment on motor vehicles and vessels,
- the issue of defective vehicle notices and defective vessel notices,
- the prohibition on selling certain articles that are capable of emitting noise levels above a prescribed level,
- the obligation to label certain articles,
- the times during which it is not permissible to use certain articles (including musical instruments) if they emit noise that can be heard in any residential premises,
- the inspection and testing procedures for the purpose of determining noise emission levels of certain motor vehicles, motor vehicle accessories, vessels, articles or equipment.
Full text l More about
This Regulation contains the following provisions:
provisions with respect to the commissioning and decommissioning of underground storage systems (Part 2)
provisions with respect to the installation of groundwater monitoring wells (Part 3)
provisions with respect to the use of underground storage systems (Part 4)
provisions with respect to record-keeping (Part 5)
other provisions of a minor, consequential or ancillary nature (Parts 1 and 6 and Schedule 1)
For the first 4 years, the appropriate regulatory authority under the Protection of the Environment Operations Act 1997 for matters arising under the Regulation will be the EPA, after which it will be the relevant local authority.
The Regulation will commence on 1 June 2008.
Full text | More about waste
This Regulation:
- makes requirements relating to non-licensed landfill sites, non-licensed waste activities and non-licensed waste transporting, for eg the way in which waste must be stored or transported, reporting and record-keeping requirements;
- provides for the contributions to be paid by the occupiers of scheduled waste facilities for each tonne of waste received at the facility or generated in a particular area;
- exempts certain occupiers or types of waste from these contributions;
- allows rebates to be claimed in relation to certain types of waste;
- provides for certain reporting and record-keeping requirements in relation to scheduled waste facilities and scheduled landfill sites;
- exempts certain waste streams from the full waste tracking and recordkeeping requirements;
- makes requirements relating to the transport of controlled waste to interstate destinations;
- allows the EPA to approve the immobilisation of contaminants in waste;
- makes special requirements relating to asbestos and clinical waste; and
- makes it an offence to apply, or to cause or permit the application of, residue waste to land that is used for the purpose of growing vegetation, subject to any exemptions (see Residue Wastes - Overview for further information, including the granting of exemptions).
For more information on the 2005 regulation, see www.environment.nsw.gov.au/waste/waste_regulation.htm.
Full text | More about radiation
This Regulation:
- deals with the licensing of persons to use certain radioactive substances and radiation apparatus;
- prescribes activities which may only be carried out by accredited radiation experts;
- sets fees in relation to licensing, registration, accreditation and approvals;
- regulates the use of radiation apparatus and radioactive substances in the workplace;
- regulates the disposal and transport of radiation apparatus and radioactive substances, and the discharge of radioactive substances;
- allows exemptions from certain provisions of the Radiation Control Act 1990 and the Regulation;
- prescribes certain radiation apparatus as apparatus that must be registered and sets out certain requirements in relation to such apparatus; and
- prescribes offences under the Act and Regulation for which on-the-spot fines ('penalty notices') can be issued, and the amounts of those fines.
The Radiation Control Amendment (Tanning Units) Regulation 2009 inserts a new Part 4A into the Radiation Control Regulation 2003. This new Part imposes a number of restrictions and requirements on tanning operators and persons who carry on solaria businesses, which are generally in line with the Australian/New Zealand Standard: AS/NZS 2635:2008 Solaria for cosmetic purposes. These requirements include:
The maximum penalties for breaches of the requirements in Part 4A of the Regulation range from 25 penalty units ($2,750) to 100 penalty units ($11,000).
Full text
The Regulation, which commenced on 1 March 2008, covers a wide range of matters enabling the proper management and use of the Trust lands and assets, in accordance with the objectives of the Trust.
Specifically, this Regulation provides for:
- the use of Trust lands generally, including an offence in relation to offensive conduct,
- the use of the Royal Botanic Gardens, the Mount Annan Botanic Garden, the Mount Tomah Botanic Garden and the Mount Tomah Conservation Area,
- the use of the Domain, and
- penalty notice offences (offences that attract “on-the-spot” fines).
Full text
This Regulation makes provision with respect to the following:
the prescription of criteria for the listing of critically endangered species, endangered species, vulnerable species, endangered populations, critically endangered ecological communities, endangered ecological communities and vulnerable ecological communities,
the Little Penguin critical habitat and the Wollemi Pine critical habitat,
the offences under this Regulation for which penalty notices (“on-the-spot” fines) may be issued and the amounts of the fines payable under such notices, savings and formal matters.
Full text
This Regulation contains further detail in relation to the Biobanking Scheme established by Part 7A of the Threatened Species Conservation Act 1995, including:
- Requiring the Methodology to identify areas of land with high biodiversity conservation values, so that development sites which include such land are not to be regarded as improving or maintaining biodiversity values unless the Director-General makes a determination.
- Requiring the Methodology to establish an “additionality” principle so that biodiversity credits can only be obtained for management actions which are additional to certain existing biodiversity conservation obligations.
- Identifying classes of land that cannot be designated as a biobank site due to existing biodiversity conservation obligations or incompatibility.
- Requiring an amount (the Total Fund Deposit), calculated in accordance with the Regulation, to be paid into the Biobanking Trust Fund before a biodiversity credit can be transferred or retired for the first time.
- Further provisions in relation to the public registers, including further information that must be contained on the registers and information that must not be disclosed on the public registers.
- Other miscellaneous matters.
Full Text
The object of this Regulation is to regulate the use by the public of the Trust land in the Western Sydney Parklands by applying some standard provisions for regulating conduct in public reserves.
Page last updated: 30 March 2012
