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Glossary & FAQs

Accountable party - An accountable party is defined as the owner, occupier or applicant who is responsible for the activities at the premises / mobile plant. There may be more than one accountable party for a licence (for example in cases of joint ventures or partnerships).

Activity - An industrial, agricultural or commercial activity or an activity of any other nature whatever (including the keeping of a substance or an animal).

Administrative fee – The fee based on the scale of the scheduled activity.

Anniversary date - The anniversary date is the annual anniversary of the date of issue of the licence.

Assessable pollutant – For the purposes of load-based licensing, an assessable pollutant is an air pollutant or water pollutant specified in relation to an activity listed in Schedule 1 of the POEO General Regulation.

Catchment - The area in which water (from rainfall or otherwise) collects, to form the supply of a river, stream or drainage area.

LBL - (Load Based Licensing) A scheme that sets limits on the total pollution emitted by licensees and links their licence fees to these emissions – the lower the emissions the lower the fee.

Licence application - An application for the issue, transfer or variation of a licence.

Licence condition - A condition of a licence which can include limit conditions, volume and mass limit conditions, monitoring and recording conditions, reporting and general conditions or special conditions.

Licence review - The Protection of the Environment Operations Act 1997 requires that the EPA review a licence regularly after the issue of the licence to ensure all conditions are appropriate (see POEO Act Part 3.6).

Licence transfer - The transfer of a licence to another accountable party (see POEO Act s 54).

Licence variation - The EPA or the holder of the licence may seek to vary a licence (including the conditions of a licence). A variation includes the attaching of a condition, the substitution of a condition, the omission of a condition or the amendment of a condition (see POEO Act s 58).

Load based fees - Licence fees that are based on the amount of particular pollutants that are discharged by an activity. Load-based fees do not have to be paid for all activities.

Load Based Licensing– (LBL) A scheme that sets limits on the total pollution emitted by licensees and links their licence fees to these emissions – the lower the emissions the lower the fee.

Mobile plant licence - A licence for non-premises based scheduled activities.

Premises-based licence - A licence to authorise the carrying out of scheduled development work, scheduled activities or to control the carrying out of non-scheduled activities for the purpose of regulating water pollution.

Reporting period – Or licence fee period is the period of 12 months after the issue of the licence and each subsequent period of 12 months.

Revocation – The EPA may revoke a licence if, for example, a condition of the licence has been contravened or fees have not been paid (see POEO Act s 79).

Scheduled Activity - An activity listed in Schedule 1 of the Protection of the Environment Operations Act 1997.

Scheduled development work - Work at any premises at which scheduled activities are not carried on that is designed to enable scheduled activities to be carried on at the premises.

Statement of compliance - A component of the annual return relating to compliance with the conditions of a licence. Includes information relating to compliance with the manner of calculation of licence fee (including the administrative, and if applicable, load based components of that fee).

Status – The status of a licence can be "issued" when the licence is in force, "surrendered" when the licence has been surrendered by the licensee and is no longer in force, or "revoked" when the licence has been cancelled by the EPA (see POEO Act s 79).

Surrender - A licence may, on the written application of the holder of the licence, be surrendered with the written approval of the EPA (see POEO Act s 80).

Transfer - The transfer of a licence to another accountable party (see POEO Act s 54).

Variation - The EPA or the holder of the licence may seek to vary a licence (including the conditions of a licence). A variation includes the attaching of a condition, the substitution of a condition, the omission of a condition or the amendment of a condition (see POEO Act s 58).

Waste Transporter licence - A licence covering transport of various types and/or quantities of hazardous, industrial or liquid waste or used tyres.

Frequently Asked Questions (FAQs)

A - Statement of Compliance – Licence details

B - Monitoring and Complaints Summary

C - Statement of Compliance – Licence Conditions

D - Statement of Compliance – Load-based fee calculation worksheets (if applicable)

E - Signature and Certification

The Annual Return is completed by a licensee in order to provide feedback to the EPA about its environmental performance and requires completion of a monitoring summary and certification that it has complied, or has not complied, with the conditions attached to the licence. Details of non-compliances that occurred during the reporting period must be provided in the Annual Return.

The Statement of Compliance part of the Annual Return is certification that a licensee has, or has not, complied with the conditions in its licence. This certification is an important part of the licence system, as it requires the licensee to actively monitor its environmental performance during the licence period so that, if necessary, corrective action can be taken to prevent environmental harm. The Annual Return provides the EPA with essential information relating to the operation of licensed parties, facilitating fair and effective licensing.

If a licence is subject to load based fees (LBL), the Annual Return also indicates loads of assessable pollutants discharged to the environment. LBL licensees have to pay a fee for the amount of assessable pollutants discharged during each reporting period. LBL is intended to motivate licensees to reduce their output of certain pollutants and in return they will be rewarded with lower licence fees.

Approximately ten days before the end of each reporting period, a customised Annual Return for the upcoming reporting period is posted to all licensees as part of the licence anniversary package. In addition, the package contains a letter reminding licensees of their obligations to pay the licence fees and submit an Annual Return for the reporting period just completed.

Alternatively,you can download a blank Annual Return from this EPA website at any time.

How do I complete my Annual Return?
All applicable sections of the Annual Return must be completed and signed and certified by the licensee, and submitted to the EPA by Registered Post.

Who can sign an Annual Return?
The Annual Return must be signed by the appropriate person(s) as specified on the Annual Return.

For companies the appropriate signatories are usually directors of the company.

Annual Returns from licensees that are Public Authorities should be signed and certified by the Chief Executive Officer of the public authority.

Annual Returns held by a local council should be signed by the General Manager.

In the case where the licensee is an individual the Annual Return should be completed and signed by that individual.

What if the directors are located interstate or overseas ?
If the directors are located overseas or interstate, the licensee may apply to the EPA for approval for an alternative person(s) to sign the Annual Return.

Only in exceptional circumstances will the EPA approve the delegation of this function and only where the delegated officer is the most senior officer in New South Wales or Australia.

Written approval from the EPA is required before the delegated person can sign the Annual Return.

If you want to apply to the EPA for approval of an alternate signatory please complete and submit the form Application for Approval to Sign an Annual Return for a Licence.

When is my Annual Return due to be submitted?
The Annual Return must be completed, signed by the correct person and the original submitted by registered post to the EPA not later than 60 days after the licence anniversary date.

What if I have surrendered or transferred my licence?
When a licence is surrendered or transferred, a licensee is notified that the surrender or transfer has taken effect and reminded that they are required to submit an Annual Return covering the period of time up to the date when the surrender or transfer takes effect.

What happens if I don’t submit my Annual Return by the due date?
If your Annual Return is not submitted to the EPA in the required time, it is a breach of your licence conditions and you may be subject to a Penalty Notice with a penalty payable of $750 (individual) or $1500 (corporation), or prosecution.

I am not able to view my Annual Return, what do I do?
Please use the feedback form to request a copy of your Annual Return, or contact the POEO Service Centre on 133 372 for more information.

I am receiving an error message, what do I do?
Please make a note of the error message and use the feedback form to describe the problem. Or contact the POEO Service Centre on 133 372 for more information and assistance.

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