What's new in law archives: 2001

For recent changes see What's new in law - DEC

For proposed environmental legislation and current regulatory impact statements see
DEC public consultation.

The EPA became part of the Department of Environment and Conservation (DEC) in September 2003. This archive only relates to the EPA. 

December 2001

  • Pesticides Amendment (Records) Regulation 2001 (gazetted 14.12.01; commences 31.7.02) 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. There are a number of exceptions to these requirements, including pesticide use for domestic purposes in certain circumstances, and in swimming pools. It will be an offence to contravene the requirements for keeping and providing the records. The Regulation also requires holders of aircraft (pesticide applicator) licences to record additional particulars in relation to aerial applications of pesticides.
  • Protection of the Environment Operations Amendment (Waterways Authority) Regulation 2001 (gazetted 7.12.01) declares the Waterways Authority to be the appropriate regulatory authority under the Protection of the Environment Operations Act 1997 for certain non-scheduled activities involving non-pilotage vessels in navigable waters. Amendments are also made to the Protection of the Environment Operations (Penalty Notices) Regulation 1999 to empower Waterways Authority officers to issue on-the-spot fines for additional offences, such as failure to comply with an environment protection notice.

November 2001

  • Environment Protection Legislation Amendment Bill 2001 (introduced into NSW Parliament on 28.11.01; lapsed when Parliament prorogued but reintroduced on 13.3.02 as the Environment Protection Legislation Amendment Bill 2002) proposes making miscellaneous amendments to a number of Acts and Regulations administered by the EPA. Some of the areas affected by the proposed amendment of the Protection of the Environment Operations Act 1997 include: exercise of powers of the appropriate regulatory authority by another authority; continuing operation of notices; false representations about EPA endorsement of goods or services; regulation-making powers; and investigation powers. Other amendments affect: the accreditation period of site auditors under the Contaminated Land Management Act 1997; the emission of excessive air impurities by motor vehicles under the Clean Air (Motor Vehicles and Motor Vehicle Fuels) Regulation 1997; investigation powers under the Radiation Control Act 1990 and the Road and Rail Transport (Dangerous Goods) Act 1997; liability of owners and drivers of motor vehicles for noise emissions under the Protection of the Environment Operations (Noise Control) Regulation 2000.
  • Radiation Control Amendment Regulation 2001 (gazetted 30.11.01; commences 1.12.01) requires cyclotrons to be registered under the Radiation Control Act 1990, increases fees payable under the Act, and requires radioactive substances to be transported in accordance with the Code of Practice for the Safe Transport of Radioactive Material published in September 2001 by the Chief Executive Officer of the Australian Radiation Protection and Nuclear Safety Agency.

October 2001

  • EPA Prosecution Guidelines (2001) published. The guidelines set out the factors the EPA takes into account in deciding whether, how and in what court to prosecute those who offend against the State's environment protection legislation. The guidelines were developed and first published by the EPA Board in 1993, following a comprehensive public consultation process. As a result of changes to legislation affecting the EPA and, in particular, the enactment of the Protection of the Environment Operations Act 1997, the guidelines have now been updated by the EPA Board. The amendments are minor and mainly affect procedural issues rather than the substance of the guidelines. The major change is the introduction of a section outlining when the EPA would consider appealing against a sentence imposed by a court in an EPA prosecution.
  • Protection of the Environment Operations Amendment (Waste) Regulation 2001 (gazetted 5.10.01) excludes the storage and burning of relatively small amounts of non-hazardous waste hydrocarbon oil from the 'waste activities' and 'waste facilities' categories of activities required to be licensed under Schedule 1 of the Protection of the Environment Operations Act 1997. The Regulation also exempts certain waste streams from the full waste tracking and record-keeping requirements under the Protection of the Environment Operations (Waste) Regulation 1996.
  • Waste Avoidance and Resource Recovery Act 2001 commences 8.10.01 (except Sch 3.8 which commenced on 25.7.01). The Act promotes waste avoidance and resource recovery. It repeals and replaces the Waste Minimisation and Management Act 1995, and creates a new body called Resource NSW to replace the existing Waste Planning and Management Boards, and the State Waste Advisory Council. (For further information, see under 'July 2001' below.)

August 2001

  • Clean Air (Plant and Equipment) Amendment (Hydrogen Sulphide Emissions) Regulation 2001 (gazetted 17.8.01) allows the EPA to approve of a site-specific alternative concentration limit for hydrogen sulphide emissions from premises required to be licensed under the Protection of the Environment Operations Act 1997 (POEO Act). The alternative standard is to be determined in accordance with a new EPA document, Approved Methods and Guidance for the Modelling and Assessment of Air Pollutants in New South Wales. Where an approval has been granted, the occupier of the premises will be exempted from the hydrogen sulphide limit which otherwise applies.

July 2001

  • Waste Avoidance and Resource Recovery Act 2001 (assented to 17.7.01; commences 8.10.01, except Sch 3.8 which commenced on 25.7.01). The Act promotes waste avoidance and resource recovery. It repeals and replaces the Waste Minimisation and Management Act 1995, and creates a new body called Resource NSW to replace the existing Waste Planning and Management Boards, and the State Waste Advisory Council. The Act establishes a scheme to promote extended producer responsibility in place of industry waste reduction plans, and continues the Waste Fund for the purpose of funding relevant programs and Resource NSW.  The Act also amends the Protection of the Environment Operations Act 1997 so that a public authority which holds a supervisory licence for a putrescible landfill will no longer set the operator's disposal charges, and the EPA may waive payment of the waste levy in limited circumstances.
  • Waste Recycling and Processing Corporation Act 2001 (assented to 17.7.01; commences 1.9.01) establishes the Waste Recycling and Processing Corporation to provide and manage waste facilities, resource recovery facilities and related services, and to develop and implement alternative technologies for managing waste. The Act dissolves the Waste Recycling and Processing Service and provides for the transfer of its assets, etc, to the Corporation. The Act also repeals the Waste Recycling and Processing Service Act 1970. For further information see Waste.
  • Statute Law (Miscellaneous Provisions) Act 2001 (assented to 17.7.01) makes a number of minor changes to the Protection of the Environment Operations Act 1997. Those changes include: (1) allowing the EPA to suspend or revoke an environment protection licence on the basis that the licensee is no longer a fit and proper person; (2) allowing certain notices issued by a regulatory authority (for eg requiring a person to provide information to the authority) to be served on a person even if the person is, or the matter occurs, outside NSW where the matter affects the NSW environment; and (3) allowing a person to appeal against a decision by the EPA to attach new conditions to, or to vary any existing conditions of, a revocation, suspension or surrender of an environment protection licence. The Act also amends the Radiation Control Act 1990 to allow the Minister to table the annual report of the Radiation Advisory Council before Parliament even if a House of Parliament is not sitting at the time.
  • Protection of the Environment Operations Amendment (Balloons) Act 2000 (assented to 29.11.00) commences operation on 1 July 2001. The Act makes it an offence to release (or cause or permit the release of) 20 or more balloons at or about the same time. Higher penalties apply if more than 100 balloons are released. There are a number of exceptions to the offences, for example where the balloons are released for scientific purposes.

June 2001

  • Protection of the Environment Operations (General) Amendment (Load Reduction Agreements) Regulation 2001 (gazetted 1.6.01) makes a number of changes in relation to load reduction agreements (LRAs) mainly to ensure that their environmental benefits continue to accrue beyond the life of the LRA. Certain licensees may enter into LRAs with the EPA by agreeing to achieve agreed pollutant limits ('loads') by a particular date. Licence fees may then be paid as though the agreed improvements have already been achieved. The changes made by the Regulation include allowing the continuation of lower load limits beyond the term of the LRA via a licence condition, extending the maximum term of an LRA from 3 to 4 years, allowing prospective licensees to apply for an LRA, and making provision for financial assurances to be included in LRAs.

May 2001

  • Unhealthy Building Land Regulation 2001 (gazetted 4.5.01) replaces the Unhealthy Building Land Regulation 1996 with minor changes with effect from 1 September 2001. The changes include clarifying that one fee applies in relation to each deposited plan, strata plan or portion of land for which an application for an unhealthy building land certificate is made; and raising the prescribed fee from $15 to $15.50 for certain certificates.
  • Waste Minimisation and Management (Canada Bay) Order 2001 (gazetted 4.5.01) provides that the local government area of Canada Bay is to be included in the Inner Sydney Waste Management Region. This amendment was required as a result of the amalgamation of the Drummoyne and Concord local government areas which became the Canada Bay local government area.

April 2001

  • Better littering laws for NSW: Protection of the Environment Operations Amendment (Littering) Act 2000 – new offences relating to advertising material commence 1 April 2001.

March 2001

  • Protection of the Environment Operations Amendment (Premises-based Activities) Regulation 2001 (gazetted 30.3.01) makes a number of changes in order to clarify some categories of activities that are required to be licensed under the Protection of the Environment Operations Act 1997. Those changes include ensuring that cotton gins and pesticide formulation plants are included, and clarifying that boat repair facilities that are not close to waters are not included in the "marinas and boat repairs facilities" category. The Regulation also changes the licensing thresholds for "wood or timber milling or processing works" from ones based on the amount of timber products produced, to ones based on timber processing capacity.
  • Protection of the Environment Operations (General) Amendment (Miscellaneous) Regulation 2001 (gazetted 30.3.01) allows for the continued lawful distribution of certain community policing and RTA parking scheme brochures on car windscreens despite the prohibition against the deposit of advertising material on motor vehicles contained in the Protection of the Environment Operations Act 1997. The Regulation also declares the EPA to be the appropriate regulatory authority under the Protection of the Environment Operations Act 1997 for the Inner West Light Rail System in Sydney and for certain outdoor entertainment activities at major Sydney venues.
  • Protection of the Environment Operations Amendment (Railway Systems Activities) Regulation 2001 (gazetted 16.3.01) amends the description of the "railway systems" activity in Schedule 1 of the Protection of the Environment Operations Act 1997 to take into account the restructuring of the State Rail Authority and the transfer of certain responsibilities to the Rail Infrastructure Corporation. The Regulation also makes it clear that heritage rail systems do not require a licence.
Page last updated: 20 November 2015