ENVIRONMENTAL MANAGEMENT MANUAL
Section 5 – Environmental Legislation
Version: 04
Page: 1 of 4
Issue Date: 12 January 2002
Authorised by : Marjorie Dickenson
5. ENVIRONMENT LEGISLATION
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The facilities and operations of Simulab are covered by current State Environmental legislation. This legislation is provided in detail on the NSWEPA website and further information on individual acts can be found there. This legislation includes 1 :
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Contaminated Land Management Act 1997
Environmental Trust Act 1998
Environmentally Hazardous Chemicals Act 1985
National Environment Protection Council (New South Wales) Act 1995
Ozone Protection Act 1989
Pesticides Act 1999
Protection of the Environment Administration Act 1991
Protection of the Environment Operations Act 1997 (POEO Act)
Radiation Control Act 1990
Recreation Vehicles Act 1983
Road and Rail Transport (Dangerous Goods) Act 1997
Unhealthy Building Land Act 1990
Waste Avoidance and Resource Recovery Act 2001
Even though all of this legislation applies to SimuLab, those of most significance are the POEO Act, the Contaminated Land Management Act, The Environmentally Hazardous Chemicals Act, and the
Waste Avoidance and Recovery Act. The ADG (Australian Dangerous Goods Code) is also highly significant, but is detailed in the OHS Management Policy.
Most of this legislation is administered by the NSW Environmental Protection Agency (NSWEPA) with the aid of local councils, but other government departments (such as Dept. of Urban Affairs and
Planning and National Parks and Wildlife) are also involved in specific areas.
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The Protection of the Environment Operations Act aims to protect the environment, and contains provisions that require companies and individuals to ensure that they maintain the environment in a condition accepted by the community at large. It sets out requirements for those discharging wastes to minimise their environmental impact, and act in an environmentally responsible manner.
Allocation of responsibility 1
There is a broad allocation of responsibilities under the Act between the EPA, local councils and other public authorities. The EPA is made the regulatory authority for:
Activities listed in Schedule 1 of the Act and premises where they are carried on;
Activities carried on by a State or public authority; and
1 NSW EPA Website www.epa.nsw.gov.au
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ENVIRONMENTAL MANAGEMENT MANUAL
Section 5 – Environmental Legislation
Version:
Page:
04
2 of 4
Issue Date: 12 January 2002
Authorised by : Marjorie Dickenson
 other activities in relation to which a licence regulating water pollution is issued.
In nearly all other cases, the regulatory authority is the relevant local council.
Protection of the Environment Policies 1
The Act has a scheme for the making of policy instruments called Protection of the Environment
Policies (PEPs). PEPs set environmental standards, goals, guidelines or protocols. The EPA, planning authorities and any other authorities specified in a PEP must take a PEP into account when making decisions that affect the environment.
The procedure for making a PEP includes public consultation on the proposed PEP and analysis of potential impacts.
Environment protection licences 1
The activities listed in Schedule 1 to the Act (broadly, activities with potentially significant environmental impacts) require a licence. Licences can also be issued to regulate water pollution from activities that are not in Schedule 1. Such licences can provide protection against prosecution for water pollution.
The EPA will issue all licences. Licences can control the air, noise, water and waste impacts of an activity. Licences are on-going but subject to review at least once every 3 years and can be varied, suspended or revoked.
Environment protection notices 1
The Act provides for the issuing of 3 types of environment protection notices:
 clean-up,
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 prevention, and prohibition notices.
Clean-up notices can be issued to deal with pollution incidents (e.g. a spill of pollutants).
Prevention notices can be issued where an activity is being carried out in an environmentally unsatisfactory manner. Clean up and prevention notices are issued by the regulatory authority for the activity or premises concerned. In emergencies, the EPA can issue a clean-up notice even though it is not the regulatory authority in the circumstances.
A prohibition notice requires an activity to be stopped and can only be issued by the Minister.
The EPA or another public authority (either voluntarily or on a direction by the EPA) can also carry out a clean up.
Environment protection offences 1
The Act has a three-tier regime of offences.
Tier 1
Tier 1 offences are the most serious offences and cover certain waste disposals, leaks, spillages and other escapes, and ozone depleting emissions. Tier 1 offences can be categorised as offences requiring:
 proof of willfulness or negligence, and
 harm or likely harm to the environment.
These offences carry maximum penalties of $1,000,000 for corporations and $250,000 and/or 7 years imprisonment for individuals.
Tier 2
Tier 2 offences consist of all other offences under the Act and regulations, including water pollution, air pollution, land pollution (e.g. littering) and noise pollution offences. These offences are generally categorised as 'strict liability' offences, i.e., the prosecution is not required to prove intent.
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ENVIRONMENTAL MANAGEMENT MANUAL
Section 5 – Environmental Legislation
Version: 04
Page: 3 of 4
Issue Date: 12 January 2002
Authorised by : Marjorie Dickenson
The following offences are introduced in this Act:
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The emission of offensive odour from scheduled activities.
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The unlawful transport of waste.
The failure to comply with a duty to notify certain pollution incidents.
Tier 3
Tier 3 offences are not separate offences. They are Tier 2 matters that have been designated in the regulations as being capable of being dealt with by way of penalty notice. The amount of the penalty is set by the regulations and may not exceed $1,500 or the maximum penalty that can be imposed by a court for the offence.
EPA officers and the staff of certain other public authorities have been authorised to issue penalty notices. However, the EPA may direct that a penalty notice be withdrawn if it considers it appropriate to do so.
Instituting proceedings 1
The EPA may institute proceedings for any offence under the Act or regulations. Local authorities,
Water Supply Authorities, the Waterways Authority or police officers may also institute proceedings for certain offences. Any person may institute proceedings for an offence against the Act or the regulations in the Land and Environment Court if the Court grants the person leave to do so. Any person may bring proceedings in that Court for an order to remedy or restrain a breach of the Act or regulations.
The EPA Board determines whether the EPA should bring proceedings for Tier 1 offences after receiving advice from the 'Environmental Counsel'.
Proceedings for offences 1
Tier 1 offences may be dealt with before the Land and Environment Court or the Supreme Court. If proceedings are brought in the Land and Environment Court, the maximum period of imprisonment the court can impose is 2 years.
Proceedings for all other offences may be dealt with before a Local Court or the Land and
Environment Court. If proceedings are brought in a Local Court, the maximum penalty that can currently be imposed is $22,000.
The Act sets out a number of orders that the Court can make where an offence is proved. For example, the Court can require the guilty party to publicise their offence or to carry out an environmental project for the public benefit.
Environmental audits 1
A licence can, in some circumstances, require an environmental audit to be undertaken. The information in the audit can be taken into consideration by the authority and used for the purposes of the Act. The Act also protects documents produced for the sole purpose of a voluntary audit.
Investigation 1
The Act provides for the appointment of authorised officers to investigate compliance with environment protection legislation. There are also detailed provisions concerning the inspection and testing of vehicles, vessels and articles.
Miscellaneous 1
Miscellaneous features of the Act include:
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The EPA may grant exemptions from the Act.
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Provision for the development and implementation of schemes involving economic measures to bring about cost-effective environmental regulation, including tradeable emission schemes.
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ENVIRONMENTAL MANAGEMENT MANUAL
Section 5 – Environmental Legislation
Version:
Page:
04
4 of 4
Issue Date: 12 January 2002
Authorised by : Marjorie Dickenson
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A requirement that regulatory authorities keep a public register containing details of all licences and notices - the public will be able to inspect and obtain copies of its contents. The
EPA must also keep details of convictions in prosecutions it brings under the Act and the results in civil proceedings by or against the EPA in its public register.
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Provision for the holding of inquiries into any matter relating to environment protection, at the instigation of the EPA or the Minister.
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In NSW, the EPA, the Department of Urban Affairs & Planning and local councils share the management of contaminated land. Under this framework, the EPA is empowered under the
Contaminated Land Management Act (CLM Act) to regulate contaminated sites that pose a significant risk of harm to human health and/or the environment.
Local councils through the land use planning processes manage other contaminated sites that do not pose a significant risk of harm to human health or the environment, and hence are suitable for the current or approved use.
The CLM Act applies the polluter pays principle and sets out the role of the EPA and rights and responsibilities of parties it might direct to investigate or remediate land contamination that is posing a significant risk of harm to human health or the environment. A person who becomes aware that land has been contaminated and is possibly posing a significant risk of harm must, as soon as practicable after becoming aware, notify the EPA that the land is contaminated.
Under part 4 of the CLM Act, the EPA is empowered to accredit site auditors and to establish regulations and guidelines for site auditors reviewing the assessment and remediation work of contaminated land consultants.
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The Act sets up the Hazardous Chemicals Advisory Committee. Its functions include advising the
EPA in relation to the assessment and control of chemicals that are environmentally hazardous. The
EPA may assess chemicals under the Act.
The EPA may declare substances to be chemical wastes for the purposes of the Act. Examples of substances that have been so declared include dioxin contaminated waste materials and PCB
(polychlorinated biphenyl) wastes.
Chemical control orders
The EPA may make chemical control orders (CCOs) with respect to assessed chemicals or declared chemical wastes. These CCOs may regulate activities such as the manufacture, processing, conveying, buying, selling or disposal of the chemical or declared waste. Chemicals for which a CCO has been made are referred to as environmentally hazardous chemicals.
Licenses
A CCO may prohibit activities in relation to environmentally hazardous chemicals or declared chemical wastes, except under the authority of a licence issued by the EPA.
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This Act:
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Promotes waste avoidance and resource recovery.
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Creates a new body called Resource NSW to replace the existing Waste Planning and
Management Boards and the State Waste Advisory Council.
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Establishes a scheme to promote extended producer responsibility in place of industry waste reduction plans.
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Continues the Waste Fund for the purposes of funding relevant programs and Resource NSW.
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