What's new in law archives: 2004
The EPA became part of the Department of Environment and Conservation (DEC) in September 2003. This archive only relates to the EPA.
- Protection of the Environment Operations (Waste) Amendment (Controlled Waste) Regulation 2004 (gazetted and commenced 3.9.04) makes a number of changes to the regulation of the interstate transport of controlled waste (as defined in the National Environment Protection (Movement of Controlled Waste between States and Territories) Measure). The changes include: (1) making it an offence in certain circumstances to transport controlled waste into or out of NSW without a consignment authorisation and waste transport certificate for the waste; (2) making it an offence in certain circumstances to receive controlled waste at premises in NSW without obtaining the consignment authorisation and transport certificate for the waste; and (3) enabling the EPA to exempt a person from requirements relating to the transport of consignments of controlled waste between specified geographical areas, or the transport of consignments of direct reuse controlled waste.
- Protection of the Environment Operations (Penalty Notices) Regulation 2004 (gazetted 27.8.04; commenced 1.9.04) replaces the Protection of the Environment Operations (Penalty Notices) Regulation 1999. There are no significant differences between the two regulations. The new Regulation sets out the offences under the Protection of the Environment Operations Act 1997 and related Acts and regulations for which on-the-spot fines ('penalty notices') may be issued, and the amount of such fines. It also specifies the organisations that can authorise their officers to issue penalty notices for particular offences. A number of minor changes have been made in the new Regulation, including: (1) extending the number of offences for which Waterways Authority officers and police officers may issue penalty notices; (2) updating references to organisations to take account of, for example, the creation of new NSW government departments; and (3) providing that an officer may not issue a penalty notice for an offence committed by an officer or employee of the organisation that appointed the officer.
- EPA Prosecution Guidelines (2001) updated. 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 States's environment protection legislation. In September 2003, the Department of Environment and Conservation (DEC) was created, bringing together the staff of the EPA, National Parks and Wildlife Service, Resource NSW, and the Royal Botanic Gardens and Domain Trust. The Director-General of DEC was also appointed as the Chief Executive of the Sydney Catchment Authority (SCA). The guidelines have been updated in light of these changes (Section A1 and Section B: 3.11 added). Any decision to prosecute the DEC or SCA or to issue them with a penalty notice is to be taken in accordance with the guidelines.
- Statute Law (Miscellaneous Provisions) Act 2004 (assented to 6.7.04) makes a number of minor changes to legislation administered by the Department of Environment and Conservation, including: (1) extending the operation of the Used Packaging Materials Industry Waste Reduction Plan past its current expiry date of 1 July 2004 to 1 July 2006 under the Waste Avoidance and Resource Recovery Act 2001; (2) allowing the EPA to waive or refund licence administrative fees on the surrender of an environment protection licence under the Protection of the Environment Operations Act 1997; (3) exempting owners of certain devices from registration requirements under the Radiation Control Act 1990, replacing an existing exemption that expired on 1 July 2004; and (4) changing some of the terminology used in the Radiation Control Act 1990.
- Protection of the Environment Operations (Clean Air) Amendment Regulation 2004 (gazetted 25.6.04) requires certain petrol suppliers to report on and keep records in relation to the benzene content of petrol supplied in NSW from 1 July 2004. It also requires certain petrol suppliers to comply with limits on the volatility of petrol supplied in the Sydney, lower Hunter and Illawarra regions during summer (15 November to 15 March). They must keep records and make reports to the EPA relating to that petrol. It is an offence not to comply with these requirements.
- Protection of the Environment Operations (General) Amendment (Pollutant Weightings) Regulation 2004 (gazetted 25.6.04) increases load-based licence fees relating to the emission of air pollutants for licence fee periods ending on or after 30 June 2004.
- Radiation Control Amendment Regulation 2004 (gazetted 25.6.04; commences 1.7.04) exempts premises where certain low-risk radioactive substances are kept or used from a registration requirement imposed under section 8 of the Radiation Control Act 1990. The Regulation also: (1) extends an existing exemption from the requirement for users of gas chromatography detectors to be licensed, to sellers and possessors, (2) ensures that record-keeping requirements that are only relevant to area monitoring devices (used to monitor radiation levels at premises) do not apply to personal monitoring devices (used to detect and measure an individual's cumulative exposure to radiation), and (3) makes other minor and technical amendments.
- Road and Rail Transport (Dangerous Goods) (Road) Amendment Regulation 2004 (gazetted 2.4.04) provides that the Road Transport Reform (Dangerous Goods) (New South Wales) Regulations do not apply to the transport of dangerous goods at the direction of an authorised officer, or the officer of an emergency service, to the extent necessary to avert, eliminate or minimise a dangerous situation.
- Contaminated Land Management Amendment Act 2003 (assented to 10.12.03, commenced 1.2.04) amends the contaminated site auditor scheme by modifying the accreditation process, strengthening the EPA's monitoring and disciplinary powers, and clarifying the role of the accreditation panel. Site auditors carry out independent reviews of investigations or remediation of land that is or may be contaminated, and certify whether the land is suitable for particular uses (see NSW Site Auditor Scheme for more information). A consultation paper on the proposed amendments was released in June 2002 - see Consultation archive. The Contaminated Land Management Amendment Regulation 2004 (gazetted 30.1.04, commenced 1.2.04) makes minor consequential amendments to the Contaminated Land Management Regulation 1998 arising from the changes made by the Act. In particular, it deletes superfluous grounds for revoking or suspending a site auditor's accreditation, and deletes the prescribed form of a site audit statement. The site audit statement must now be in a form approved by the EPA.
- Statute Law (Miscellaneous Provisions) Act (No 2) 2003 (assented to 27.11.03) amends the National Environment Protection Council (New South Wales) Act 1995 ('NEPC Act') (with effect from 19.12.03) to reflect the amendments made to the equivalent Commonwealth legislation. The amendments: (1) allow the National Environment Protection Council ('NEPC') to direct the NEPC Service Corporation to assist other environment-related ministerial councils; (2) simplify the process for making minor changes to National Environment Protection Measures; and (3) require five-yearly reviews of the NEPC Act. The Act also makes a number of amendments (with effect from 27.11.03) consequential on the creation of the new Department of Environment and Conservation and the transfer of staff from the EPA, Resource NSW, the National Parks and Wildlife Service, and the Royal Botanic Gardens and Domain Trust to the new Department. Those amendments include: (1) the dissolution of Resource NSW and the transfer of its functions under the Waste Avoidance and Resource Recovery Act 2001 to the Director-General of the new Department; and (2) the removal of some of the functions of the EPA Board under the Protection of the Environment Adminstration Act 1991.
Page last updated: 26 February 2011