Protection of the Environment Operations Act 1997

Does not include amendments by— Protection of the Environment Legislation Miscellaneous Amendments Act 2017 No 21 , Sch 3 [1] [2] [4] [11]–[13] and [15] (not commenced) Product Lifecycle Responsibility Act 2025 No 22 (not commenced) Environmental Legislation Amendment Act 2025 No 58 , Sch 9[8]–[13] [15]–[30] [41] [42] [48] [49] [61]–[64] [66]–[73] and [85], to the extent it inserts cll titled “Preliminary investigation notices” and “Exceptions” (not commenced) Local Court and Bail Legislation Amendment Act 2025 No 61 , Sch 2.78 (not commenced — to commence on 28.3.2026) Environmental Planning and Assessment Amendment (Planning System Reforms) Act 2025 No 71 (not commenced)

Implementing PEPs s 30: Am 2025 No 58, Sch 9[2]–[7].

(1) A policy must be taken into consideration by a person in carrying out an activity, if the person is required to do so by that or another policy.

(2) Such a requirement can be made as regards— (a) a specified person, or a specified class of persons, or persons generally, and (b) a specified activity, or a specified class of activities, or activities generally.

Contributions by licensee of waste facility s 88: Am 2005 No 96, Sch 1 [37]–[41]; 2007 No 26, Sch 1 [1]–[3]; 2008 No 62, Sch 1.27 [1]; 2013 No 60, Sch 1 [1]; 2024 No 20, Sch 9[5]–[8]; 2025 No 58, Sch 9[14].

(5) The regulations may— (a) provide for contributions to be calculated on such basis (including such estimates), and in accordance with such factors, as may be specified or described in the regulations, and (b) provide for the exemption of specified occupiers, or specified classes of occupiers, from the requirement to pay contributions, and (c) provide for the exemption of specified wastes from the calculation of contributions (including for example wastes that are recycled, re-used, recovered or processed), and (d) provide for the payment of rebates to specified occupiers or specified classes of occupiers, and (e) provide for the waiver of interest payable on unpaid contributions or unpaid portions of contributions, including the waiver by the EPA, at the EPA’s discretion, of amounts of interest of not more than the prescribed amount.

Environment protection notices and other notices ch 4, hdg: Am 2024 No 20, Sch 9[13]. Part 4.1 Preliminary 89 Definitions In this Chapter— clean-up notice means a notice under Part 4.2. compliance cost notice means a notice under Part 4.5. prevention notice means a notice under Part 4.3. prohibition notice means a notice under Part 4.4. 90 Classification of environment protection notices Environment protection notices are of the following kinds— (a) clean-up notices, (b) prevention notices, (c) prohibition notices. Note. See also noise control notices under Part 8.6. Part 4.1A Preliminary investigation notices ch 4, pt 4.1A: Ins 2024 No 20, Sch 9[14]. 90A Definitions In this part— preliminary investigation compliance notice —see section 90G(1). preliminary investigation notice —see section 90B(2). relevant circumstances —see section 90B(1). s 90A: Ins 2024 No 20, Sch 9[14]. 90B Issue of preliminary investigation notices (1) This section applies if the EPA reasonably suspects any of the following circumstances ( relevant circumstances ) may exist or have existed at premises— (a) circumstances that may pose a potential risk of harm to human health or the environment from— (i) a substance, or (ii) the deposit of waste or substances suspected of being waste, (b) a pollution incident. (2) The EPA may issue a person referred to in subsection (3) with a written notice (a preliminary investigation notice ) to facilitate the EPA carrying out a preliminary investigation to determine whether the relevant circumstances exist. (3) A preliminary investigation notice may be issued to— (a) an owner or occupier of the premises, or (b) a person who has caused or contributed to, to any extent, the relevant circumstances which are the subject of the notice. (4) A person to whom a preliminary investigation notice is issued must comply with the notice. Maximum penalty for subsection (4)— (a) for a corporation—$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual—$500,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues. s 90B: Ins 2024 No 20, Sch 9[14]. 90C Preliminary investigation notice may be given orally (1) The EPA may give a preliminary investigation notice orally. (2) A preliminary investigation notice given orally to a person ceases to have effect 72 hours after it was given to the person unless the notice is confirmed by the EPA by a written preliminary investigation notice. (3) A notice given orally under subsection (1)— (a) has the same effect as a written preliminary investigation notice, and (b) is taken to be a preliminary investigation notice. s 90C: Ins 2024 No 20, Sch 9[14]. 90D Content of preliminary investigation notices (1) A preliminary investigation notice may require the person to whom it is issued to assist the EPA to— (a) investigate whether the relevant circumstances exist, and (b) if the relevant circumstances exist—determine the nature and extent of the relevant circumstances, including the nature and extent of any harm or risk of harm to human health or the environment arising from the relevant circumstances. (2) Without limiting subsection (1), the preliminary investigation notice may require the person to whom it is issued to do the following— (a) collect samples of a substance and have the samples tested and analysed, (b) provide a report about the testing or analysis to the EPA, (c) preserve or prevent the disturbance of a specified substance or location at the premises for a period of time specified in the preliminary investigation notice, including— (i) moving a substance to a more secure location on the premises or on other premises, and (ii) restricting access to a substance or location, and (iii) preventing a substance from being removed from the premises. s 90D: Ins 2024 No 20, Sch 9[14]. 90E Preliminary investigation notices may be given to directors and related bodies corporate (1) This section applies if — (a) a preliminary investigation notice (the previous preliminary investigation notice ) has been given to a corporation by the EPA, and (b) the corporation has not complied with the previous preliminary investigation notice within the period specified in the notice. (2) The EPA may, by written notice (the supplementary preliminary investigation notice ), direct 1 or more of the following to carry out, or ensure the carrying out of, the action specified in the preliminary investigation notice within the period specified in the notice— (a) a current director of the corporation, (b) a former director of the corporation, (c) a related body corporate. (3) The supplementary preliminary investigation notice may also require the person to whom the notice is given to provide reports to the EPA about progress on the carrying out of the action specified in the notice. (4) If the person given a supplementary preliminary investigation notice complies with the notice but was not the person who caused, or solely caused, the relevant circumstances, the cost, or part of the cost, of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from another person who caused or contributed to the relevant circumstances. (5) A reference in subsection (2) to a director of a corporation extends to a person involved in the management of the affairs of the corporation. s 90E: Ins 2024 No 20, Sch 9[14]. 90F Action by EPA to comply with preliminary investigation notice If a person does not comply with a preliminary investigation notice given to the person or the EPA otherwise believes it would be appropriate, the EPA may— (a) take action to comply with the notice itself or by its employees, agents or contractors, and (b) recover the relevant costs under sections 90G and 90H. s 90F: Ins 2024 No 20, Sch 9[14]. 90G Preliminary investigation compliance notices (1) If the EPA gives a preliminary investigation notice to a person, the EPA may, by written notice (a preliminary investigation compliance notice ) given to the person, require the person to pay all or any reasonable costs and expenses incurred by the EPA in connection with— (a) taking action or monitoring under the preliminary investigation notice, and (b) ensuring the notice is complied with, and (c) other associated matters. (2) If the EPA takes action under section 90F because a preliminary investigation notice is not complied with or the EPA otherwise believes it would be appropriate, the EPA may, by written notice, require the person to whom the notice was given or a person who caused or contributed to the relevant circumstances to pay all or any reasonable costs and expenses incurred by the EPA in taking the action. s 90G: Ins 2024 No 20, Sch 9[14]. 90H Recovery of amounts (1) The EPA may recover any unpaid amounts specified in a preliminary investigation compliance notice as a debt in a court of competent jurisdiction. (2) If the person given a preliminary investigation compliance notice complies with the notice but was not the person who caused or contributed to the relevant circumstances, the cost of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from the person who caused or contributed to the relevant circumstances. s 90H: Ins 2024 No 20, Sch 9[14]. 90I Recovery of other costs (1) This section applies if— (a) a person (the first person ) carries out the requirements of a preliminary investigation notice, and (b) another person (the second person ) is issued an environment protection notice or recall notice in relation to the relevant circumstances the subject of the preliminary investigation notice. (2) The first person may recover the first person’s costs in carrying out the requirements from the second person if the second person contributed to the relevant circumstances. (3) For this section, the costs of the first person in carrying out the requirements of the preliminary investigation notice include any amount for which the first person is liable, or reasonable cost the first person has a duty to meet, under section 90G. s 90I: Ins 2024 No 20, Sch 9[14]. Part 4.2 Clean-up notices 91 Clean-up by owners and occupiers of premises and polluters (1) Notices The appropriate regulatory authority may, by notice in writing, do 1 or more of the following— (a) direct an owner or occupier of premises at or from which the authority reasonably suspects that a pollution incident has occurred or is occurring, (b) direct a person who is reasonably suspected by the authority of causing or having caused a pollution incident, (c) direct a person who is reasonably suspected by the authority of contributing, to any extent, to a pollution incident, to take such clean-up action as is specified in the notice and within such period as is specified in the notice. Note. pollution incident and clean-up action are defined in the Dictionary. (1A) The appropriate regulatory authority may give a clean-up notice to a person under subsection (1)(c)— (a) whether or not another person has been given a clean-up notice in relation to the pollution incident, and (b) whether or not another person contributed to the pollution incident. (1B) Without limiting subsection (1), a clean-up notice given to a person under subsection (1)(c) may require the person to carry out clean-up actions to completely prevent, minimise, remove, disperse, destroy or mitigate pollution resulting or likely to result from the incident irrespective of the nature or extent of the person’s contribution to the incident. (2) Notices by EPA in emergency The EPA may, if it considers that it is necessary to do so because of an emergency, give the clean-up notice even if it is not the appropriate regulatory authority with respect to the pollution incident. (3) Reports The clean-up notice may require the person to whom the notice is given to furnish reports to the appropriate regulatory authority regarding progress on the carrying out of the clean-up action. (4) If the person given a clean-up notice complies with the notice but was not the person who caused, or solely caused, the pollution incident, the cost, or part of the cost, of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from any person who caused or contributed to the pollution incident. (5) Note— See also section 144AG, which provides that this part applies to the depositing of litter or waste referred to in section 144AE(1) or the depositing of litter under Part 5.6A as if the depositing of the litter or waste were a pollution incident. s 91: Am 2005 No 96, Sch 1 [42]; 2012 No 97, Sch 1.34 [7]; 2014 No 65, Sch 2.1 [2]; 2022 No 3, Sch 5[25]–[30]; 2024 No 20, Sch 9[15] [16]. 91A Clean-up notices may be given to directors and related bodies corporate (1) This section applies if — (a) a clean-up notice (the previous clean-up notice ) has been given to a corporation— (i) by the appropriate regulatory authority under section 91(1), or (ii) by the EPA under section 91(2), and (b) the corporation has not complied with the previous clean-up notice within the period specified in the notice. (2) The appropriate regulatory authority may, by written notice (the supplementary clean-up notice ), direct 1 or more of the following to carry out, or ensure the carrying out of, the clean-up action specified in the notice within the period specified in the notice— (a) a current director of the corporation, (b) a former director of the corporation, (c) a related body corporate. (3) The supplementary clean-up notice may require the person to whom the notice is given to provide reports to the appropriate regulatory authority about progress on the carrying out of the clean-up action. (4) If the EPA considers it necessary for the purposes of responding to an emergency, the EPA may give a supplementary clean-up notice under this section regardless of whether the EPA is the appropriate regulatory authority in relation to the pollution incident. (5) If the person given a supplementary clean-up notice complies with the notice but was not the person who caused, or solely caused, the pollution incident, the cost, or part of the cost, of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from another person who caused or contributed to the pollution incident. (6) A reference in subsection (2) to a director of a corporation extends to a person involved in the management of the affairs of the corporation. s 91A: Ins 2022 No 3, Sch 5[31]. Am 2023 No 30, Sch 2.5[1]. 91AA Ancillary directions (1) This section applies if the appropriate regulatory authority— (a) has given a clean-up notice to a person, and (b) reasonably believes access to premises or a substance on premises needs to be restricted— (i) to allow clean-up action to be taken under the clean-up notice, or (ii) because there is a risk to human health from the substance the subject of the pollution incident for which clean-up action must be taken. (2) The appropriate regulatory authority may give a direction (an ancillary direction )— (a) prohibiting, regulating or controlling entry or exit to the premises, or (b) providing for matters to secure, or restrict or prevent access to, the substance, or (c) prohibiting, regulating or controlling an activity in connection with the substance. (3) The appropriate regulatory authority may give an ancillary direction by— (a) publishing notice of the direction on a NSW Government website, or (b) for an emergency—displaying a copy of the direction in a prominent place in or adjacent to the premises to which the direction applies. (4) An ancillary direction takes effect when notice of the direction is published or a copy of the direction is displayed under subsection (3). (5) If an ancillary direction is given under subsection (3)(b), notice of the ancillary direction must be published on a NSW Government website as soon as practicable after the ancillary direction is given. s 91AA: Ins 2025 No 58, Sch 9[31]. 91B Offence A person who, without reasonable excuse, does not comply with a clean-up notice given to the person is guilty of an offence. Maximum penalty— (a) for a corporation—$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual—$500,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues. Note— An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 169A. s 91B: Ins 2022 No 3, Sch 5[31]. Am 2024 No 20, Sch 9[5]–[8]. 92 Clean-up by public authorities (1) Directions to public authorities to take clean-up action If the EPA reasonably suspects that a pollution incident has occurred or is occurring, the EPA may, by notice in writing, direct a public authority to take such clean-up action as is specified in the notice. The public authority is authorised and required to take that action. (2) Voluntary clean-up action by public authorities If a public authority reasonably suspects that a pollution incident has occurred or is occurring, the public authority may take such clean-up action as it considers necessary. The public authority is authorised to take that action, whether or not it is directed to take clean-up action under subsection (1). (3) Operation of section Notices may be given, and action may be taken, under this section— (a) whether or not the EPA is the appropriate regulatory authority with respect to the pollution incident, and (b) whether or not a clean-up notice has been given under section 91, and (if such a notice has been given) whether or not the period specified in the notice under that section has ended. (4) Taking of clean-up action A public authority may take clean-up action under this section by itself or by its employees, agents or contractors. (5) Definition In this section— public authority does not include a State owned corporation or the lessor of a transacted distribution system or transacted transmission system under the Electricity Network Assets (Authorised Transactions) Act 2015 . s 92: Am 2015 No 5, Sch 8.21 [2]. 93 Clean-up directions may be given orally (1) Oral directions A regulatory authority may, instead of giving a direction under this Part by notice in writing, give the direction orally. (2) Manner of giving oral direction A direction that can be given orally under this Part by a regulatory authority can be given orally by a person who is acting under delegated or other authority from the authority. (3) Reduction to writing A direction given orally to a person ceases to have effect on the expiration of 3 business days from the time it was given unless confirmed by the regulatory authority who gave the direction orally by a written clean-up notice given to the person. (4) Effect of oral direction A direction given orally has the same effect as a direction given by notice in writing, and is taken to be a clean-up notice. s 93: Am 2001 No 56, Sch 1.14 [7]; 2025 No 58, Sch 9[32]. 93A Development consent and approval not required for clean-up action (1) This section applies if— (a) under this part, a person is required to take clean-up action, and (b) the carrying out of the clean-up action would, but for this section, require consent or approval under the Environmental Planning and Assessment Act 1979 . (2) Despite the Environmental Planning and Assessment Act 1979 or an instrument made under that Act, consent or approval under that Act or instrument is not required to carry out the clean-up action. s 93A: Ins 2024 No 20, Sch 9[17]. 94 Fee (1) The purpose of this section is to enable a regulatory authority to recover the administrative costs of preparing and giving clean-up notices. (2) A person who is given a clean-up notice by a regulatory authority must within 30 days pay the prescribed fee to the authority. (3) The regulatory authority may— (a) extend the time for payment of the fee, on the application of a person to whom subsection (2) applies, or (b) waive payment of the whole or any part of the fee, on the authority’s own initiative or on the application of a person to whom subsection (2) applies. (4) A person who does not pay the fee within the time provided under this section is guilty of an offence. Maximum penalty—200 penalty units. Note. Section 110 (5) provides that a fee is not payable for the variation of an environment protection notice under this Chapter. s 94: Am 2005 No 96, Sch 1 [43] [44]. Part 4.2A Recall notices ch 4, pt 4.2A: Ins 2024 No 20, Sch 9[18]. 94A Definitions In this part— recall cost notice —see section 94M(1). recall notice —see section 94B. supply chain participant —see section 94C(1)(c). s 94A: Ins 2024 No 20, Sch 9[18]. 94B Issue of recall notice The EPA may, with the approval of the Minister, issue a notice (a recall notice ) if, in the EPA’s opinion, 1 or more of the following grounds apply— (a) either— (i) a substance poses a potential risk of harm to human health or the environment, or (ii) a particular use of, or activity involving, the substance poses a potential risk of harm to human health or the environment, (b) a substance— (i) is required by environment protection legislation or a national environment protection measure to comply with a prescribed standard or other specific requirements, and (ii) does not comply with the standard or other requirements, (c) environment protection legislation has been contravened, (d) another matter prescribed by the regulations. s 94B: Ins 2024 No 20, Sch 9[18]. 94C Content of recall notice (1) A recall notice must— (a) identify the substance the subject of the notice, and (b) state the reason under section 94B the recall notice has been issued, and (c) identify the persons or class of persons (both supply chain participants ) who are subject to the recall notice, and (d) give information or advice about how to minimise the risk of potential harm from the substance, and (e) state the actions required to be taken by the supply chain participants who are subject to the recall notice, and (f) include any other matters prescribed by the regulations. (2) For subsection (1)(c), the recall notice may identify the supply chain participants in either or both of the following ways— (a) specifically by name, (b) by reference to a class of persons. s 94C: Ins 2024 No 20, Sch 9[18]. 94D Application of recall notice to supply chain participants A recall notice may apply to any supply chain participant involved in the supply chain of the substance, including a supply chain participant— (a) producing, generating, processing or reprocessing the substance, including processing or reprocessing the substance with other substances or by mixing the substance with other substances, or (b) selling, distributing, transporting, supplying, resupplying or storing the substance, or (c) receiving or processing the substance, whether or not to supply the substance to another person, or (d) making the substance available or providing the substance to another person. s 94D: Ins 2024 No 20, Sch 9[18]. 94E Actions required by recall notice For section 94C(1)(e), a recall notice may require a supply chain participant who is subject to the notice to do any of the following— (a) stop supplying the substance, or a particular batch of the substance, immediately or within a specified time, (b) take action to recover the substance from another person and return the substance to— (i) the supply chain participant’s premises, or (ii) another specified location, (c) take specified action in relation to the substance, including— (i) sampling, testing, remediating or disposing of the substance, or (ii) moving the substance to a specified location, (d) give information and records to the EPA about— (i) who the supply chain participant has supplied the substance to, and (ii) the supply chain for the substance, (e) if the substance cannot be recalled from a person who has received a supply of the substance—take specified actions, including the following— (i) securing the substance at its current location, (ii) taking action or giving information to the person to prevent or minimise the likelihood of the substance causing harm to human health or the environment, (f) publish, in a form approved by the EPA— (i) warnings that the substance is being recalled on the basis of 1 or more of the grounds referred to in section 94B(a)–(d), and (ii) other specified particulars, including the following— (A) batch numbers or other identifying particulars of the substance, (B) information about preventing or minimising the likelihood of the substance causing harm to human health or the environment, (C) information about the recall of the substance, (g) control the movement of the substance at premises used or controlled by the supply chain participant, including the following— (i) isolating the substance from other substances, (ii) securing, or restricting or preventing access to, the substance in place, (iii) prohibiting the movement of the substance on the premises at which the substance is located or to other premises, (h) not produce the substance for a specified period, (i) report on compliance with the recall notice, (j) if the supply chain participant has received supply or resupply of the substance—not supply the substance to another person, (k) take the following action and provide evidence of the action taken— (i) action to dispose of the substance at a facility that can lawfully receive the substance, (ii) action to destroy the substance, (l) another action prescribed by the regulations. s 94E: Ins 2024 No 20, Sch 9[18]. 94F Publication of recall notice (1) A recall notice must be published— (a) on the EPA’s website, and (b) if the EPA considers it necessary to publish the notice in other ways to bring the notice to the attention of members of the public generally or in a particular part of the State—in other ways the EPA is satisfied are likely to bring the notice to the attention of members of the public generally or in that part of the State. (2) A recall notice takes effect— (a) when the notice is published on the EPA’s website, or (b) on a later date specified in the notice. (3) A recall notice must also be published in the Gazette as soon as practicable after the notice is published on the EPA’s website. s 94F: Ins 2024 No 20, Sch 9[18]. 94G Recall notices may be given to directors and related bodies corporate (1) This section applies if — (a) a recall notice (the previous recall notice ) has been issued by the EPA in relation to a supply chain participant that is a corporation, and (b) the corporation has not complied with the previous recall notice within the period specified in the notice. (2) The EPA may, by written notice (the supplementary recall notice ), direct 1 or more of the following to carry out, or ensure the carrying out of, the action specified in the recall notice within the period specified in the notice— (a) a current director of the supply chain participant, (b) a former director of the supply chain participant, (c) a related body corporate. (3) The supplementary recall notice may also require the person to whom the notice is given to provide reports to the EPA about progress on the carrying out of the action specified in the notice. (4) If the person given a supplementary recall notice complies with the notice but was not the person who caused, or solely caused, the circumstances the subject of the recall notice, the cost, or part of the cost, of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from another person who caused or contributed to the relevant circumstances. (5) A reference in subsection (2) to a director of a supply chain participant that is a corporation extends to a person involved in the management of the corporation. s 94G: Ins 2024 No 20, Sch 9[18]. 94H Development consent and approval not required for action under recall notice (1) This section applies if— (a) under this part, a person is required to take action under a recall notice, and (b) the carrying out of the action would, but for this section, require consent or approval under the Environmental Planning and Assessment Act 1979 . (2) Despite the Environmental Planning and Assessment Act 1979 or an instrument made under that Act, consent or approval under that Act or instrument is not required to carry out the action under the recall notice. s 94H: Ins 2024 No 20, Sch 9[18]. 94I Public authority may take action in relation to recall notice (1) This section applies if— (a) a supply chain participant is given a recall notice, and (b) either— (i) the supply chain participant does not comply with the notice, or (ii) the EPA or a public authority otherwise considers it would be appropriate for the EPA or public authority to take action required under the recall notice. (2) The EPA may take action required under the recall notice if the EPA considers it appropriate to take the action. (3) The public authority may take action required under the recall notice if the public authority— (a) is directed by the EPA to take the action, or (b) otherwise considers it appropriate to take the action. s 94I: Ins 2024 No 20, Sch 9[18]. 94J Costs of complying with recall notice (1) A supply chain participant to whom a recall notice is given must pay the participant’s own costs of complying with the notice. (2) To avoid doubt, subsection (1) does not prevent the supply chain participant from recovering costs, or making another claim for damages or compensation, to which the supply chain participant may be entitled other than under this Act. (3) If the EPA or a public authority takes action to comply with a recall notice itself or its officers, employees or contractors take the action, the EPA or public authority may recover the relevant costs under sections 94M and 94N. s 94J: Ins 2024 No 20, Sch 9[18]. 94K Reviews and appeals For this part— (a) a decision by the Minister or EPA is not an administratively reviewable decision for the Administrative Decisions Review Act 1997 , and (b) in proceedings for judicial review or other provisions, a court or tribunal must not make an interlocutory order that has the effect of staying the operation of a recall notice. s 94K: Ins 2024 No 20, Sch 9[18]. 94L Failure to comply with recall notice A supply chain participant who is subject to a recall notice must, unless the participant has a reasonable excuse, comply with the notice. Maximum penalty— (a) for a corporation—$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual—$500,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues. s 94L: Ins 2024 No 20, Sch 9[18]. 94M Recall cost notices (1) The EPA or a public authority may, by written notice (a recall cost notice ) published on the EPA’s website, require the supply chain participant to whom a recall notice is given to pay all or any reasonable costs and expenses incurred by the EPA or public authority in connection with— (a) taking action or monitoring under the recall notice, and (b) ensuring the notice is complied with, and (c) a matter associated with or incidental to a matter referred to in paragraph (a) or (b). (1A) Without limiting subsection (1)(c), the costs and expenses incurred by the EPA in connection with a matter associated with or incidental to a matter referred to in subsection (1)(a) or (b) include costs and expenses incurred in connection with the matter before the recall cost notice was given. (2) If the EPA or a public authority takes action under subsection (1), the EPA or public authority may, by written notice given to the supply chain participant to whom the recall notice was given, require the participant to pay all or any reasonable costs and expenses incurred by the EPA or public authority in taking the action. s 94M: Ins 2024 No 20, Sch 9[18]. Am 2025 No 58, Sch 9[33]–[35]. 94N Recovery of amounts The EPA or a public authority may recover any unpaid amounts specified in a recall cost notice as a debt in a court of competent jurisdiction. s 94N: Ins 2024 No 20, Sch 9[18]. 94O Voluntary recalls (1) A person involved in the supply chain of a substance may initiate a voluntary recall of the substance if the person considers it necessary or appropriate, including if— (a) either— (i) the substance poses a potential risk of harm to human health or the environment, or (ii) a particular use of, or activity involving, the substance poses a potential risk of harm to human health or the environment, or (b) the substance— (i) is required by environment protection legislation or a national protection measure to comply with a prescribed standard or other specific requirements, and (ii) does not comply with the standard or other requirements, or (c) environment protection legislation has been contravened, or (d) another matter prescribed by a regulation under section 94B(d) applies. (2) If a person initiates a voluntary recall, the person must immediately give the EPA written notice of the recall. (3) The notice must include the following information— (a) that a voluntary recall is occurring, (b) details of the substance that is subject to the recall, (c) if the substance may pose a risk to human health or the environment—the circumstances in which the substance may pose the risk and the nature of the risk, (d) if the substance does not comply with a prescribed standard or other requirements—the nature of the non-compliance, (e) any information or advice for minimising any risk to human health or the environment posed by the substance, (f) the nature of the actions being taken by the person as part of the recall, (g) any other matters prescribed by the regulations. (4) If the EPA is given notice about a voluntary recall of a substance, the EPA must publish information about the recall on the EPA’s website. (5) A voluntary recall under this section does not prevent the EPA from issuing a recall notice to the person in relation to the same substance or matter. s 94O: Ins 2024 No 20, Sch 9[18]. Part 4.3 Prevention notices 95 Meaning of environmentally unsatisfactory manner For the purposes of this Part an activity is carried on in an environmentally unsatisfactory manner if— (a) it is carried on in contravention of, or in a manner that is likely to lead to a contravention of, this Act, the regulations or a condition attached to an environment protection licence (including a condition of a surrender of a licence) or an exemption given under this Act or the regulations, or (b) it causes, or is likely to cause, a pollution incident, or (c) it is not carried on by such practicable means as may be necessary to prevent, control or minimise pollution, the emission of any noise or the generation of waste, or (d) it is not carried on in accordance with good environmental practice. s 95: Am 2005 No 96, Sch 1 [45]. 96 Preventive action (1) Application of section This section applies when the appropriate regulatory authority reasonably suspects that an activity has been or is being carried on in an environmentally unsatisfactory manner at any premises or by any person (otherwise than at premises). (2) Prevention notices The appropriate regulatory authority may, by notice in writing, do either or both of the following— (a) direct the occupier of the premises, (b) direct the person carrying on the activity (whether or not at premises), to take such action, as is specified in the notice and within such period (if any) as is specified in the notice, to ensure that the activity is carried on in future in an environmentally satisfactory manner. (3) Examples The action to be taken may (without limitation) include any of the following— (a) installing, repairing, altering, replacing, maintaining or operating control equipment or other plant, (b) modifying, or carrying out any work on, plant, (c) ceasing to use plant or altering the way plant is used, (d) ceasing to carry on or not commencing to carry on an activity, (e) carrying on an activity in a particular manner, (f) carrying on an activity only during particular times, (g) monitoring, sampling or analysing any pollution or otherwise ascertaining the nature and extent of pollution or the risk of pollution, (h) action with respect to the transportation, collection, reception, re-use, recovery, recycling, processing, storage or disposal of any waste or other substance, (i) preparing and carrying out a plan of action to control, prevent or minimise pollution or waste, (j) reviewing the carrying out of an activity, (k) actions in relation to the recording of food donations within the meaning of Chapter 5A, (l) other actions that must be taken to comply with this Act, the regulations, a licence or an exemption given under this Act or the regulations. (3A) Water pollution considerations The appropriate regulatory authority, when determining the action to be specified in a notice relating to an activity that causes, is likely to cause or has caused water pollution, must consider— (a) the environmental values of water affected by the activity, and (b) the practical measures that could be taken to restore or maintain those environmental values, and (c) if the appropriate regulatory authority is not the EPA—any guidelines issued by the EPA to the authority relating to the exercise of functions under this section. (4) Occupier’s duty If the occupier who is given a notice is not the person carrying on the activity, the notice is taken to require the occupier to take all available steps to cause the action to be taken. (5) Reports A prevention notice may require the person to whom the notice is given to furnish reports to the appropriate regulatory authority regarding progress on carrying out the action required to be taken by the notice. s 96: Am 1999 No 80, Sch 3.6 [1]; 2001 No 56, Sch 1.14 [8]; 2005 No 96, Sch 1 [46]–[48]; 2025 No 1, Sch 1[1]. 96A Prevention notices may be given to directors and related bodies corporate (1) This section applies if — (a) the appropriate regulatory authority has given a prevention notice under section 96 (the previous prevention notice ) to a corporation in relation to an activity, and (b) the corporation has not complied with the previous prevention notice within the period specified in the notice. (2) The appropriate regulatory authority may, by written notice (the supplementary prevention notice ), direct 1 or more of the following to take the action specified in the notice within the period, if any, specified in the notice to ensure that the activity is carried on in future in an environmentally satisfactory manner— (a) a current director of the corporation, (b) a former director of the corporation, (c) a related body corporate. (3) Without limiting subsection (2), the action to be taken may include any of the actions specified in section 96(3). (4) When determining the action to be specified in the supplementary prevention notice, the appropriate regulatory authority must consider the matters specified in section 96(3A). (5) The supplementary prevention notice may require the person to whom the notice is given to provide reports to the appropriate regulatory authority about progress on the carrying out of the clean-up action. (6) A reference in subsection (2) to a director of a corporation extends to a person involved in the management of the affairs of the corporation. s 96A: Ins 2022 No 3, Sch 5[32]. 97 Offence A person who does not comply with a prevention notice given to the person is guilty of an offence. Maximum penalty— (a) in the case of a corporation—$2,000,000 and, in the case of a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) in the case of an individual—$500,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues. Note. An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 169A. s 97: Am 2005 No 96, Sch 1 [49]; 2012 No 97, Sch 1.34 [8]; 2024 No 20, Sch 9[5]–[8]. 98 Action in event of failure to comply If a person does not comply with a prevention notice given to the person, the appropriate regulatory authority may take action to cause the notice to be complied with by itself or by its employees, agents or contractors. 99 Commencement of operation of prevention notices or variations (1) A prevention notice, or a variation of a prevention notice, operates from the day the notice or notice of the variation is given or from such later day as the notice specifies. (2) If an appeal is made against a prevention notice or the variation of a prevention notice and the Land and Environment Court directs that the notice is stayed, the notice or variation does not operate until the stay ceases to have effect or the Land and Environment Court confirms the notice or the appeal is withdrawn, whichever first occurs. s 99: Subst 1999 No 31, Sch 1.37 [6]; 2005 No 96, Sch 1 [50]. 100 Fee (1) The purpose of this section is to enable a regulatory authority to recover the administrative costs of preparing and giving prevention notices. (2) A person who is given a prevention notice by a regulatory authority must within 30 days pay the prescribed fee to the authority. (3) The regulatory authority may— (a) extend the time for payment of the fee, on the application of a person to whom subsection (2) applies, or (b) waive payment of the whole or any part of the fee, on the authority’s own initiative or on the application of a person to whom subsection (2) applies. (4) The fee is not payable during the currency of an appeal against the prevention notice. (5) If the decision of the Court on an appeal does not invalidate the prevention notice, the fee is payable within 30 days of the decision. (6) A person who does not pay the fee within the time provided under this section is guilty of an offence. Maximum penalty—200 penalty units. Note. Section 110 (5) provides that a fee is not payable for the variation of an environment protection notice under this Chapter. s 100: Am 2005 No 96, Sch 1 [51] [52]. Part 4.4 Prohibition notices 101 Prohibition on activities (1) Application of section This section applies if the EPA recommends to the Minister that a notice be given under this section because, in the EPA’s opinion, the emission or discharge of pollutants from or within a premises, or class of premises, in which an activity is carried on— (a) is causing or is likely to cause such harm to the environment, or (b) is or is likely to be so injurious to public health, or (c) is causing or is likely to cause such discomfort or inconvenience to any persons not associated with the management or operation of the activity, that the giving of the notice is warranted. (2) Notice The Minister may, by written notice, direct, for the period, if any, specified in the notice— (a) the occupier of the premises, or occupiers of a class of premises, to cease carrying on the activity, or a specified aspect of the activity, at the premises or at premises of the class of premises, or (b) direct the person, or persons of a class of persons, carrying on the activity to cease carrying on the activity, or a specified aspect of the activity, at any premises. (3) Occupier’s duty If the occupier who is given a notice is not the person carrying on the activity, the notice is taken to require the occupier to take all available steps to cause the activity to cease. (4) Further notice The Minister may give further notices on the expiry of the period of the earlier notice if the EPA recommends in accordance with this section that the further notices be given. s 101: Am 2022 No 3, Sch 5[33] [34]. 101A Prohibition notices may be given to directors and related bodies corporate (1) This section applies if — (a) the Minister has given a prohibition notice under section 101 to a corporation, and (b) the corporation has not complied with the prohibition notice. (2) If the EPA remains satisfied of the matters stated in section 101(1), the EPA may recommend to the Minister that a notice be given under this section to any of the following persons— (a) a current director of the corporation, (b) a former director of the corporation, (c) a related body corporate. (3) On the EPA’s recommendation, the Minister may, by written notice, direct the current or former director, or the related body corporate, to do 1 or more of the following— (a) cease carrying on the activity, or a specified aspect of the activity, for the period, if any, specified in the notice, (b) take all available steps to end the carrying on of the activity, or a specified aspect of the activity, for the period, if any, specified in the notice. (4) A reference in subsection (2) to a director of a corporation extends to a person involved in the management of the affairs of the corporation. s 101A: Ins 2022 No 3, Sch 5[35]. 102 Offence A person who, without reasonable excuse, does not comply with a prohibition notice given to the person is guilty of an offence. Maximum penalty— (a) in the case of a corporation—$2,000,000 and, in the case of a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) in the case of an individual—$500,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues. Note. An offence against this section committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169. s 102: Am 2005 No 96, Sch 1 [53]; 2012 No 97, Sch 1.34 [9]; 2024 No 20, Sch 9[5]–[8]. 103 Action in event of failure to comply If a person does not comply with a prohibition notice given to the person, the EPA may take action to cause the notice to be complied with by itself or by its employees, agents or contractors. Part 4.5 Compliance cost 104 Compliance cost notices (1) Clean-up notice—monitoring or compliance costs The appropriate regulatory authority that gives a clean-up notice to a person may, by notice in writing, require the person to pay all or any reasonable costs and expenses incurred by the authority in connection with— (a) monitoring action under the notice, and (b) ensuring that the notice is complied with, and (c) a matter associated with or incidental to a matter referred to in paragraph (a) or (b). (2) Clean-up by public authority A public authority that takes clean-up action under section 92 may, by written notice, require 1 or more of the following persons to pay all or part of the reasonable costs and expenses incurred by the public authority in connection with the clean-up action— (a) the occupier of the premises at or from which the authority reasonably suspects the pollution incident occurred, (b) a person who is reasonably suspected by the authority of having caused or contributed to the pollution incident. (3) Prevention notice—monitoring or compliance costs The appropriate regulatory authority that gives a prevention notice to a person may, by notice in writing, require the person to pay all or any reasonable costs and expenses incurred by the authority in connection with— (a) monitoring action under the notice, and (b) ensuring that the notice is complied with, and (c) a matter associated with or incidental to a matter referred to in paragraph (a) or (b). (4) Prevention notice or prohibition notice—non-compliance A regulatory authority that takes action under section 98 because a prevention notice is not complied with or takes action under section 103 because a prohibition notice is not complied with may, by notice in writing, require the person to whom the notice was given to pay all or any reasonable costs and expenses incurred by it in taking the action. (5) Without limiting subsection (1)(c) or (3)(c), the costs and expenses incurred by the appropriate regulatory authority in connection with a matter associated with or incidental to a matter referred to in subsection (1)(a) or (b) or (3)(a) or (b) include costs and expenses incurred in connection with an associated matter before the clean-up notice or prevention notice was given. Note. See also section 608 of the Local Government Act 1993 for charges for inspection of premises by a local council in the exercise of its functions as a regulatory authority. s 104: Am 2009 No 56, Sch 1.32 [1]; 2022 No 3, Sch 5[36] [37]; 2025 No 58, Sch 9[36]–[38]. 105 Recovery of amounts (1) Recovery of unpaid amounts A regulatory authority or public authority may recover any unpaid amounts specified in a compliance cost notice as a debt in a court of competent jurisdiction. (2) Recovery by person given notice If the person given a compliance cost notice complies with the notice but was not the person who caused or contributed to the pollution or pollution incident, the cost of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from the person who caused or contributed to the pollution or pollution incident. s 105: Am 2023 No 30, Sch 2.5[2]. 106 Registration of compliance cost notices in relation to land (1) If a compliance cost notice has been given by a regulatory authority or a public authority to a person, the authority may apply to the Registrar-General for registration of the notice in relation to any land owned by the person. (2) An application under this section must define the land to which it relates. (3) The Registrar-General must, on application under this section and lodgment of a copy of the compliance cost notice, register the notice in relation to the land in such manner as the Registrar-General thinks fit. (4) If the notice relates to land under the provisions of the Real Property Act 1900 , the notice is to be registered under that Act. 107 Charge on land subject to compliance cost notice (1) Application of section This section applies where a compliance cost notice is registered under section 106, on the application of a regulatory authority or public authority, in relation to particular land owned by a person. (2) Creation of charge There is created by force of this section, on the registration of the notice, a charge on the land in relation to which the notice is registered to secure the payment to the regulatory authority or public authority of the amount specified in the notice. (3) When charge ceases to have effect Such a charge ceases to have effect in relation to the land— (a) on payment to the regulatory authority or public authority of the amount concerned, or (b) on the sale or other disposition of the property with the written consent of the authority, or (c) on the sale of the land to a purchaser in good faith for value who, at the time of the sale, has no notice of the charge, whichever first occurs. (4) Charge is subject to existing charges and encumbrances Such a charge is subject to every charge or encumbrance to which the land was subject immediately before the notice was registered. (5) Charge not affected by change of ownership Such a charge is not affected by any change of ownership of the land, except as provided by subsection (3). (6) Registration of charge is notice If— (a) such a charge is created on land of a particular kind and the provisions of any law of the State provide for the registration of title to, or charges over, land of that kind, and (b) the charge is so registered, a person who purchases or otherwise acquires the land after the registration of the charge is, for the purposes of subsection (3), taken to have notice of the charge. (7) Removal of charge The regulations may make provision for or with respect to the removal of a charge under this section. (8) Recovery of costs relating to charge A regulatory authority or public authority that lodges or registers a compliance cost notice under section 106 may, by notice in writing, require the person to whom the compliance cost notice was given to pay all or any of the reasonable costs and expenses incurred by the authority in respect of the lodgment or registration of the compliance cost notice and the registration of any resulting charge (including the costs of discharging the charge). The regulatory authority or public authority may recover any unpaid amounts specified in the notice as a debt in a court of competent jurisdiction. s 107: Am 2005 No 96, Sch 1 [54]. Part 4.6 Miscellaneous 108 Multiple notices More than one notice under a provision of this Chapter may be given to the same person. 108A Single notice for multiple pollution incidents (1) A single notice under this chapter may be given by the EPA to a person in relation to— (a) pollution incidents that relate to— (i) multiple premises in the same or different local government areas, or (ii) the whole of the State or a part of the State, or (b) matters involving the transport, storage, supply, processing, reprocessing or disposal of a substance or waste across— (i) multiple premises in the same or different local government areas, or (ii) the whole of the State or a part of the State. (2) For subsection (1)(a), pollution incidents that relate to multiple premises, or the whole of the State or a part of the State, may be treated as 1 pollution incident. (3) To avoid doubt, the EPA may issue a single notice under this chapter even if the EPA is not the appropriate regulatory authority for all the areas, premises, activities or matters— (a) to which the pollution incidents relate, or (b) involved in the transport, storage, supply, processing, reprocessing or disposal of the substance or waste. s 108A: Ins 2024 No 20, Sch 9[19]. Am 2025 No 58, Sch 9[39]. 108B Registration of certain notices in relation to land (1) If any of the following notices have been given by a regulatory authority or public authority to a person, the regulatory authority or public authority may apply to the Registrar-General for registration of the notice in relation to the land to which the notice relates— (a) a clean-up notice, (b) a prevention notice. (2) An application under this section must define the land to which the application relates. (3) The Registrar-General must, on application under this section and lodgement of a copy of the notice to which the application relates, register the notice in relation to the land in the way the Registrar-General thinks fit. (4) If the notice relates to land under the Real Property Act 1900 , the notice must be registered under that Act. (5) A regulatory authority or public authority may apply to the Registrar-General to vary or remove the registration of a notice the regulatory authority or public authority applied to register under this section. (6) The Registrar-General may, on application under subsection (5), vary or remove the registration of a notice as the Registrar-General thinks fit. s 108B: Ins 2025 No 58, Sch 9[40]. 109 Extraterritorial application A notice may be given under this Chapter to a person in respect of a matter or thing even though the person is outside the State or the matter or thing occurs or is located outside the State, so long as the matter or thing affects the environment of this State. 109A Interaction of notices with proceedings for offences A notice under this chapter, including the variation of a notice under section 110, may be given to a person in relation to an activity, matter, thing or premises even though the activity, matter, thing or premises are also the subject of proceedings for an offence. s 109A: Ins 1999 No 31, Sch 1.37 [7]. Rep 2002 No 14, Sch 2 [5]. Ins 2024 No 20, Sch 9[20]. 110 Revocation or variation (1) A notice given under this Chapter may be revoked or varied by a subsequent notice or notices. (2) A notice may be varied by— (a) including a new term or specification in the notice, or (b) substituting, omitting or amending a term or specification in the notice. (3) Without limiting the above, a notice may be varied by extending the time for complying with the notice. (4) A notice may only be revoked or varied by the Minister or by the regulatory authority or public authority that gave it. (5) A fee is not payable for the variation of an environment protection notice under this Chapter. s 110: Am 2005 No 96, Sch 1 [55]; 2006 No 58, Sch 1.24 [1]; 2024 No 20, Sch 9[21]. 111 Power to enter land (1) A regulatory authority or public authority may, by its employees, agents or contractors, enter any premises at any reasonable time for the purpose of exercising its functions under this Chapter. (2) For the purpose of entering or leaving any such premises, the power conferred by this section extends to entering other premises. (3) A power to enter premises conferred by this section authorises entry by foot or by means of a motor vehicle or other vehicle, or in any other manner. (4) Entry may be effected under this section by an authority with the aid of such authorised officers or police officers as the authority considers necessary and with the use of reasonable force. 112 Obstruction of persons A person who wilfully delays or obstructs— (a) a person who is carrying out any action in compliance with a notice under this chapter, or another person authorised by the person to carry it out, or (b) a public authority that is taking action under Part 4.2 or 4.2A, or another person authorised by the authority to carry it out, or (c) a regulatory authority that is taking action under Part 4.1A or 4.2A or section 98 or 103, or another person authorised by the authority to take the action, is guilty of an offence. Maximum penalty— (a) in the case of a corporation—$2,000,000 and, in the case of a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) in the case of an individual—$500,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues. Note. An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 169A. s 112: Am 2005 No 96, Sch 1 [56]; 2012 No 97, Sch 1.34 [10]; 2024 No 20, Sch 9[5]–[8] [22]–[24]. 113 False or misleading statements in tests, environmental monitoring and reports A person who in a test, environmental monitoring or a report required under this Chapter and lodged with a regulatory authority makes a statement that the person knows is false or misleading in a material particular is guilty of an offence. Maximum penalty— (a) in the case of a corporation—$2,000,000, or (b) in the case of an individual—$500,000 or imprisonment for 18 months, or both. Note. An offence against this section committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169. s 113: Am 2005 No 96, Sch 1 [57]; 2012 No 97, Sch 1.34 [11]; 2022 No 3, Sch 5[38]; 2024 No 20, Sch 9[5] [7] [25] [26].

Clean-up directions may be given orally s 93: Am 2001 No 56, Sch 1.14 [7]; 2025 No 58, Sch 9[32].

Reduction to writing A direction given orally to a person ceases to have effect on the expiration of 3 business days from the time it was given unless confirmed by the regulatory authority who gave the direction orally by a written clean-up notice given to the person.

Recall notices ch 4, pt 4.2A: Ins 2024 No 20, Sch 9[18]. 94A Definitions In this part— recall cost notice —see section 94M(1). recall notice —see section 94B. supply chain participant —see section 94C(1)(c). s 94A: Ins 2024 No 20, Sch 9[18]. 94B Issue of recall notice The EPA may, with the approval of the Minister, issue a notice (a recall notice ) if, in the EPA’s opinion, 1 or more of the following grounds apply— (a) either— (i) a substance poses a potential risk of harm to human health or the environment, or (ii) a particular use of, or activity involving, the substance poses a potential risk of harm to human health or the environment, (b) a substance— (i) is required by environment protection legislation or a national environment protection measure to comply with a prescribed standard or other specific requirements, and (ii) does not comply with the standard or other requirements, (c) environment protection legislation has been contravened, (d) another matter prescribed by the regulations. s 94B: Ins 2024 No 20, Sch 9[18]. 94C Content of recall notice (1) A recall notice must— (a) identify the substance the subject of the notice, and (b) state the reason under section 94B the recall notice has been issued, and (c) identify the persons or class of persons (both supply chain participants ) who are subject to the recall notice, and (d) give information or advice about how to minimise the risk of potential harm from the substance, and (e) state the actions required to be taken by the supply chain participants who are subject to the recall notice, and (f) include any other matters prescribed by the regulations. (2) For subsection (1)(c), the recall notice may identify the supply chain participants in either or both of the following ways— (a) specifically by name, (b) by reference to a class of persons. s 94C: Ins 2024 No 20, Sch 9[18]. 94D Application of recall notice to supply chain participants A recall notice may apply to any supply chain participant involved in the supply chain of the substance, including a supply chain participant— (a) producing, generating, processing or reprocessing the substance, including processing or reprocessing the substance with other substances or by mixing the substance with other substances, or (b) selling, distributing, transporting, supplying, resupplying or storing the substance, or (c) receiving or processing the substance, whether or not to supply the substance to another person, or (d) making the substance available or providing the substance to another person. s 94D: Ins 2024 No 20, Sch 9[18]. 94E Actions required by recall notice For section 94C(1)(e), a recall notice may require a supply chain participant who is subject to the notice to do any of the following— (a) stop supplying the substance, or a particular batch of the substance, immediately or within a specified time, (b) take action to recover the substance from another person and return the substance to— (i) the supply chain participant’s premises, or (ii) another specified location, (c) take specified action in relation to the substance, including— (i) sampling, testing, remediating or disposing of the substance, or (ii) moving the substance to a specified location, (d) give information and records to the EPA about— (i) who the supply chain participant has supplied the substance to, and (ii) the supply chain for the substance, (e) if the substance cannot be recalled from a person who has received a supply of the substance—take specified actions, including the following— (i) securing the substance at its current location, (ii) taking action or giving information to the person to prevent or minimise the likelihood of the substance causing harm to human health or the environment, (f) publish, in a form approved by the EPA— (i) warnings that the substance is being recalled on the basis of 1 or more of the grounds referred to in section 94B(a)–(d), and (ii) other specified particulars, including the following— (A) batch numbers or other identifying particulars of the substance, (B) information about preventing or minimising the likelihood of the substance causing harm to human health or the environment, (C) information about the recall of the substance, (g) control the movement of the substance at premises used or controlled by the supply chain participant, including the following— (i) isolating the substance from other substances, (ii) securing, or restricting or preventing access to, the substance in place, (iii) prohibiting the movement of the substance on the premises at which the substance is located or to other premises, (h) not produce the substance for a specified period, (i) report on compliance with the recall notice, (j) if the supply chain participant has received supply or resupply of the substance—not supply the substance to another person, (k) take the following action and provide evidence of the action taken— (i) action to dispose of the substance at a facility that can lawfully receive the substance, (ii) action to destroy the substance, (l) another action prescribed by the regulations. s 94E: Ins 2024 No 20, Sch 9[18]. 94F Publication of recall notice (1) A recall notice must be published— (a) on the EPA’s website, and (b) if the EPA considers it necessary to publish the notice in other ways to bring the notice to the attention of members of the public generally or in a particular part of the State—in other ways the EPA is satisfied are likely to bring the notice to the attention of members of the public generally or in that part of the State. (2) A recall notice takes effect— (a) when the notice is published on the EPA’s website, or (b) on a later date specified in the notice. (3) A recall notice must also be published in the Gazette as soon as practicable after the notice is published on the EPA’s website. s 94F: Ins 2024 No 20, Sch 9[18]. 94G Recall notices may be given to directors and related bodies corporate (1) This section applies if — (a) a recall notice (the previous recall notice ) has been issued by the EPA in relation to a supply chain participant that is a corporation, and (b) the corporation has not complied with the previous recall notice within the period specified in the notice. (2) The EPA may, by written notice (the supplementary recall notice ), direct 1 or more of the following to carry out, or ensure the carrying out of, the action specified in the recall notice within the period specified in the notice— (a) a current director of the supply chain participant, (b) a former director of the supply chain participant, (c) a related body corporate. (3) The supplementary recall notice may also require the person to whom the notice is given to provide reports to the EPA about progress on the carrying out of the action specified in the notice. (4) If the person given a supplementary recall notice complies with the notice but was not the person who caused, or solely caused, the circumstances the subject of the recall notice, the cost, or part of the cost, of complying with the notice may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from another person who caused or contributed to the relevant circumstances. (5) A reference in subsection (2) to a director of a supply chain participant that is a corporation extends to a person involved in the management of the corporation. s 94G: Ins 2024 No 20, Sch 9[18]. 94H Development consent and approval not required for action under recall notice (1) This section applies if— (a) under this part, a person is required to take action under a recall notice, and (b) the carrying out of the action would, but for this section, require consent or approval under the Environmental Planning and Assessment Act 1979 . (2) Despite the Environmental Planning and Assessment Act 1979 or an instrument made under that Act, consent or approval under that Act or instrument is not required to carry out the action under the recall notice. s 94H: Ins 2024 No 20, Sch 9[18]. 94I Public authority may take action in relation to recall notice (1) This section applies if— (a) a supply chain participant is given a recall notice, and (b) either— (i) the supply chain participant does not comply with the notice, or (ii) the EPA or a public authority otherwise considers it would be appropriate for the EPA or public authority to take action required under the recall notice. (2) The EPA may take action required under the recall notice if the EPA considers it appropriate to take the action. (3) The public authority may take action required under the recall notice if the public authority— (a) is directed by the EPA to take the action, or (b) otherwise considers it appropriate to take the action. s 94I: Ins 2024 No 20, Sch 9[18]. 94J Costs of complying with recall notice (1) A supply chain participant to whom a recall notice is given must pay the participant’s own costs of complying with the notice. (2) To avoid doubt, subsection (1) does not prevent the supply chain participant from recovering costs, or making another claim for damages or compensation, to which the supply chain participant may be entitled other than under this Act. (3) If the EPA or a public authority takes action to comply with a recall notice itself or its officers, employees or contractors take the action, the EPA or public authority may recover the relevant costs under sections 94M and 94N. s 94J: Ins 2024 No 20, Sch 9[18]. 94K Reviews and appeals For this part— (a) a decision by the Minister or EPA is not an administratively reviewable decision for the Administrative Decisions Review Act 1997 , and (b) in proceedings for judicial review or other provisions, a court or tribunal must not make an interlocutory order that has the effect of staying the operation of a recall notice. s 94K: Ins 2024 No 20, Sch 9[18]. 94L Failure to comply with recall notice A supply chain participant who is subject to a recall notice must, unless the participant has a reasonable excuse, comply with the notice. Maximum penalty— (a) for a corporation—$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual—$500,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues. s 94L: Ins 2024 No 20, Sch 9[18]. 94M Recall cost notices (1) The EPA or a public authority may, by written notice (a recall cost notice ) published on the EPA’s website, require the supply chain participant to whom a recall notice is given to pay all or any reasonable costs and expenses incurred by the EPA or public authority in connection with— (a) taking action or monitoring under the recall notice, and (b) ensuring the notice is complied with, and (c) a matter associated with or incidental to a matter referred to in paragraph (a) or (b). (1A) Without limiting subsection (1)(c), the costs and expenses incurred by the EPA in connection with a matter associated with or incidental to a matter referred to in subsection (1)(a) or (b) include costs and expenses incurred in connection with the matter before the recall cost notice was given. (2) If the EPA or a public authority takes action under subsection (1), the EPA or public authority may, by written notice given to the supply chain participant to whom the recall notice was given, require the participant to pay all or any reasonable costs and expenses incurred by the EPA or public authority in taking the action. s 94M: Ins 2024 No 20, Sch 9[18]. Am 2025 No 58, Sch 9[33]–[35]. 94N Recovery of amounts The EPA or a public authority may recover any unpaid amounts specified in a recall cost notice as a debt in a court of competent jurisdiction. s 94N: Ins 2024 No 20, Sch 9[18]. 94O Voluntary recalls (1) A person involved in the supply chain of a substance may initiate a voluntary recall of the substance if the person considers it necessary or appropriate, including if— (a) either— (i) the substance poses a potential risk of harm to human health or the environment, or (ii) a particular use of, or activity involving, the substance poses a potential risk of harm to human health or the environment, or (b) the substance— (i) is required by environment protection legislation or a national protection measure to comply with a prescribed standard or other specific requirements, and (ii) does not comply with the standard or other requirements, or (c) environment protection legislation has been contravened, or (d) another matter prescribed by a regulation under section 94B(d) applies. (2) If a person initiates a voluntary recall, the person must immediately give the EPA written notice of the recall. (3) The notice must include the following information— (a) that a voluntary recall is occurring, (b) details of the substance that is subject to the recall, (c) if the substance may pose a risk to human health or the environment—the circumstances in which the substance may pose the risk and the nature of the risk, (d) if the substance does not comply with a prescribed standard or other requirements—the nature of the non-compliance, (e) any information or advice for minimising any risk to human health or the environment posed by the substance, (f) the nature of the actions being taken by the person as part of the recall, (g) any other matters prescribed by the regulations. (4) If the EPA is given notice about a voluntary recall of a substance, the EPA must publish information about the recall on the EPA’s website. (5) A voluntary recall under this section does not prevent the EPA from issuing a recall notice to the person in relation to the same substance or matter. s 94O: Ins 2024 No 20, Sch 9[18].

Recall cost notices s 94M: Ins 2024 No 20, Sch 9[18]. Am 2025 No 58, Sch 9[33]–[35].

(1) The EPA or a public authority may, by written notice (a recall cost notice ) published on the EPA’s website, require the supply chain participant to whom a recall notice is given to pay all or any reasonable costs and expenses incurred by the EPA or public authority in connection with— (a) taking action or monitoring under the recall notice, and (b) ensuring the notice is complied with, and (c) a matter associated with or incidental to a matter referred to in paragraph (a) or (b).

Compliance cost notices Note. See also section 608 of the Local Government Act 1993 for charges for inspection of premises by a local council in the exercise of its functions as a regulatory authority. s 104: Am 2009 No 56, Sch 1.32 [1]; 2022 No 3, Sch 5[36] [37]; 2025 No 58, Sch 9[36]–[38].

Clean-up notice—monitoring or compliance costs The appropriate regulatory authority that gives a clean-up notice to a person may, by notice in writing, require the person to pay all or any reasonable costs and expenses incurred by the authority in connection with— (a) monitoring action under the notice, and (b) ensuring that the notice is complied with, and (c) a matter associated with or incidental to a matter referred to in paragraph (a) or (b).

Prevention notice—monitoring or compliance costs The appropriate regulatory authority that gives a prevention notice to a person may, by notice in writing, require the person to pay all or any reasonable costs and expenses incurred by the authority in connection with— (a) monitoring action under the notice, and (b) ensuring that the notice is complied with, and (c) a matter associated with or incidental to a matter referred to in paragraph (a) or (b).

Single notice for multiple pollution incidents s 108A: Ins 2024 No 20, Sch 9[19]. Am 2025 No 58, Sch 9[39].

(3) To avoid doubt, the EPA may issue a single notice under this chapter even if the EPA is not the appropriate regulatory authority for all the areas, premises, activities or matters— (a) to which the pollution incidents relate, or (b) involved in the transport, storage, supply, processing, reprocessing or disposal of the substance or waste.

Land pollution and waste pt 5.6, hdg: Am 2000 No 20, Sch 1 [3]; 2005 No 96, Sch 1 [64]. Division 1 Preliminary pt 5.6, div 1, hdg: Ins 2005 No 96, Sch 1 [65]. 142 Definition In this Part— land does not include waters. s 142: Am 2000 No 20, Sch 1 [4]. Division 2 Land pollution pt 5.6, div 2: Ins 2005 No 96, Sch 1 [66]. 142A Pollution of land (1) A person who pollutes land is guilty of an offence. Maximum penalty— (a) for a corporation— (i) if the offence involves asbestos waste—$4,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (ii) otherwise—$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual— (i) if the offence involves asbestos waste—$1,000,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues, or (ii) otherwise—$500,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues. Note. An offence against subsection (1) committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169. (2) In this section— pollute land includes cause or permit any land to be polluted. s 142A: Ins 2005 No 96, Sch 1 [66]. Am 2012 No 97, Sch 1.34 [18]; 2018 No 80, Sch 1 [1] [2]; 2024 No 20, Sch 9[31]. 142B Defence of authority conferred by regulation (1) The regulations may, for the purposes of this Division, regulate the carrying out of an activity that pollutes land. (2) It is a defence in proceedings for an offence under this Division if the person establishes that— (a) the pollution resulted from an activity regulated by such a regulation, and (b) the requirements of that regulation were not contravened. s 142B: Ins 2005 No 96, Sch 1 [66]. 142C Defence of authority conferred by licence It is a defence in proceedings for an offence under this Division if the person establishes that— (a) the pollution was regulated by an environment protection licence held by the person or another person, and (b) the conditions to which that licence was subject relating to the pollution of land were not contravened. s 142C: Ins 2005 No 96, Sch 1 [66]. 142D Defences relating to pesticides and fertilisers and other substances (1) It is a defence in proceedings for an offence under this Division if the person establishes that the substance placed in or on, or otherwise introduced into or onto, land is any of the following— (a) a pesticide (within the meaning of the Pesticides Act 1999 ) placed in or on, or otherwise introduced into or onto the land, in the course of being used within the meaning of that Act, (b) a fertiliser, liming material or trace element product within the meaning of the Biosecurity Act 2015 that may lawfully be sold as such, (c) non-hazardous agricultural or crop waste, including stock feed made solely from such waste, (d) manure, (e) virgin excavated natural material, (f) biosolids or any other substances prescribed by the regulations for the purposes of this section. (2) Words and expressions used in this section have the meanings prescribed by the regulations. s 142D: Ins 2005 No 96, Sch 1 [66]. Am 2015 No 24, Sch 8.32. 142E Defences relating to unlicensed landfills It is a defence in proceedings for an offence under this Division if the person establishes that a substance was placed in or on, or otherwise introduced into or onto, land that was an unlicensed landfill site notified to the EPA in accordance with, and operated in accordance with, any requirements of the regulations. s 142E: Ins 2005 No 96, Sch 1 [66]. Division 3 Waste offences pt 5.6, div 3, hdg: Ins 2005 No 96, Sch 1 [67]. 143 Unlawful transporting or depositing of waste (1) Offence If a person transports waste to a place that cannot lawfully be used as a waste facility for that waste, or causes or permits waste to be so transported— (a) the person, and (b) if the person is not the owner of the waste—the owner of the waste, and (c) if the waste is transported in a vehicle and the person is not the owner of the vehicle—the owner of the vehicle, are each guilty of an offence. Maximum penalty— (a) for a corporation— (i) if the offence involves asbestos waste—$4,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (ii) otherwise—$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual— (i) if the offence involves asbestos waste—$1,000,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues, or (ii) otherwise—$500,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues. Note. An offence against subsection (1) committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169. (2) Proof of lawfulness In any proceedings for an offence under this section the defendant bears the onus of proving that the place to which the waste was transported can lawfully be used as a waste facility for that waste. (3) Defence—owner of waste It is a defence in any proceedings against an owner of waste for an offence under this section if the owner did not transport the waste and establishes— (a) that the commission of the offence was due to causes over which the owner had no control, and (b) that the owner took reasonable precautions and exercised due diligence to prevent the commission of the offence. (3A) Defence—approved notice It is a defence in any proceedings for an offence under this section if the defendant establishes that— (a) an approved notice was, at the time of the alleged offence, given to the defendant by the owner or occupier of the place to which the waste was transported or was displayed at the place, and (b) the approved notice stated that the place could lawfully be used as a waste facility for the waste, and (c) the defendant had no reason to believe that the place could not lawfully be used as a waste facility for the waste. (3B) However, it is not a defence in such proceedings for the defendant to establish that the defendant relied on the advice (other than advice in the form of an approved notice) given by the owner or occupier concerned to the effect that the place could, at the time of the alleged offence, be lawfully used as such a waste facility. (3C) Defence—waste not deposited It is a defence in any proceedings for an offence under this section if the defendant establishes that the waste transported by the defendant was not deposited by the defendant or any other person at the place to which it was transported. (4) Definitions In this section— approved notice means a notice, in a form approved by the EPA— (a) stating that the place to which the notice relates can lawfully be used as a waste facility for the waste specified in the notice, and (b) that contains a certification by the owner or occupier of the place that the statement is correct. owner of waste includes, in relation to waste that has been transported, the person who was the owner of the waste immediately before it was transported. s 143: Am 1999 No 31, Sch 1.37 [8]–[10]; 2005 No 96, Sch 1 [68] [69]; 2012 No 97, Sch 1.34 [19]; 2018 No 80, Sch 1 [3] [4]; 2022 No 3, Sch 5[39]; 2024 No 20, Sch 9[32]. 144 Use of place as waste facility without lawful authority (1) A person who is the owner or occupier of any place and who uses the place, or causes or permits the place to be used, as a waste facility without lawful authority is guilty of an offence. Maximum penalty— (a) for a corporation— (i) if the offence involves asbestos waste—$4,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (ii) otherwise—$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual— (i) if the offence involves asbestos waste—$1,000,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues, or (ii) otherwise—$500,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues. Note. An offence against subsection (1) committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169. (2) In any proceedings for an offence under this section the defendant bears the onus of proving that there is lawful authority to use the place concerned as a waste facility. s 144: Am 1999 No 31, Sch 1.37 [11]. Subst 2005 No 96, Sch 1 [70]. Am 2012 No 97, Sch 1.34 [20]; 2013 No 60, Sch 1 [2]; 2018 No 80, Sch 1 [5] [6]; 2024 No 20, Sch 9[33]. 144AAA Unlawful disposal of asbestos waste (1) A person disposing of asbestos waste off the site at which it is generated must do so at a place that can lawfully receive the waste. Maximum penalty— (a) for a corporation—$4,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual—$1,000,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues. Note. An offence against subsection (1) committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169. (2) In this section, dispose of asbestos waste includes to dump, abandon, deposit, discard, reject, discharge or emit anything that constitutes asbestos waste, and also includes to cause or permit the disposal of asbestos waste. s 144AAA: Ins 2018 No 80, Sch 1 [7]. Am 2024 No 20, Sch 9[34]. 144AAB Re-use and recycling of asbestos waste prohibited A person must not cause or permit asbestos waste in any form to be re-used or recycled. Maximum penalty— (a) for a corporation—$4,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual—$1,000,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues. Note. An offence against this section committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169. s 144AAB: Ins 2018 No 80, Sch 1 [7]. Am 2024 No 20, Sch 9[35]. 144AA False or misleading information about waste (1) A person who supplies information about waste to another person in the course of dealing with the waste, being information that is false or misleading in a material respect, is guilty of an offence. It is a defence in any proceedings against a person for an offence under this subsection if the person establishes that the person took all reasonable steps to ensure that the information was not false or misleading in a material respect. Maximum penalty— (a) for a corporation—$1,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual—$500,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues. Note. An offence under subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 169A. (2) A person who supplies information about waste to another person in the course of dealing with the waste, being information that the person knows is false or misleading in a material respect, is guilty of an offence. Maximum penalty— (a) for a corporation—$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual—either or both of the following— (i) $1,000,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues, (ii) imprisonment for 18 months. (2A) If the court is satisfied that a person charged with an offence under subsection (2) is not guilty of that offence but is satisfied on the evidence that the person is guilty of an offence under subsection (1), the court may find the person guilty of the offence under subsection (1), and the person is liable to punishment accordingly. (2B) Proceedings for an offence under subsection (2) may not be dealt with before the Local Court despite section 215. (3) In this section, information is taken to be supplied to a person in the course of dealing with waste if it is supplied— (a) in the course of an activity relating to the sale or disposal of waste, or (b) in the course of an activity relating to the storage, transport, handling, deposit, transfer, processing, recycling, recovery, re-use or use of the waste. (4) In this section, information about waste means information about any of the following— (a) the type, classification, characteristics, composition or quantity of the waste, (b) the actual or proposed storage, transport, handling, deposit, transfer, disposal, processing, recycling, recovery, re-use or use of the waste, (c) the hazards or potential harm to the environment or human health associated with the waste or an activity referred to in paragraph (b). (5) In this section, information includes a record containing information. (5A) In this section, supply information includes cause or permit information to be supplied. (6) Proceedings for an offence against this section may be instituted only by the EPA. s 144AA: Ins 2005 No 96, Sch 1 [70]. Am 2012 No 97, Sch 1.34 [21]; 2013 No 60, Sch 1 [3] [4]; 2022 No 3, Sch 5[40] [41]; 2024 No 20, Sch 9[36] [37]. 144AB Repeat waste offenders (1) For the purposes of this section, a waste offence is an offence against any of the following provisions of this Act— (aaaa) section 48(2), if the offence relates to an activity set out in Schedule 1, clauses 39–42, (aaa) section 91B, in relation to a pollution incident relating to waste, (aa) section 115(1), (ab) section 116, if the leaks, spillages or other escapes involve waste, (a) section 120 (1) (where waters are polluted by waste), (b) section 142A (1), (c) section 143 (1), (d) section 144 (1), (e) section 144AAA (1), (f) section 144AAB, (g) section 144AA(1) or (2), (h) section 286A(2), (i) section 286B(1), (j) section 286C(1). (2) A person commits an offence against this section if the person is an individual who— (a) has been convicted of a waste offence, and (b) commits a waste offence on a separate subsequent occasion within 5 years after that conviction. Maximum penalty—The maximum monetary penalty provided by this Act for the commission of the waste offence by an individual or imprisonment for 2 years, or both. (3) A reference in this section to a conviction for a waste offence includes a conviction before or after the commencement of this section and a conviction for an offence against this section. (4) If the court is satisfied that a person charged with an offence against this section is not guilty of that offence but is satisfied on the evidence that the person is guilty of the waste offence to which the charge relates, the court may find the person guilty of the waste offence, and the person is liable to punishment accordingly. (5) Proceedings for an offence against this section may not be dealt with before the Local Court despite section 215. s 144AB: Ins 2013 No 60, Sch 1 [5]. Am 2018 No 80, Sch 1 [8]; 2022 No 3, Sch 5[42] [43]; 2024 No 20, Sch 9[38]; 2025 No 58, Sch 9[43]. 144AC Use of approved GPS tracking device required by EPA for waste transportation vehicles (1) The EPA may, by notice in writing, require a person who is engaged in the transportation of waste to ensure that— (a) approved GPS tracking devices are installed, used and maintained, in the manner specified in the notice, on any motor vehicles or trailers, or both, that are used by the person (or an employee, subcontractor or agent of the person) to transport waste, and (b) such devices are not tampered with. (2) A person who does not comply with a notice given to the person under subsection (1) is guilty of an offence. Maximum penalty— (a) for a corporation—$44,000, or (b) for an individual—$22,000. (3) In this section— approved GPS tracking device means a device of a kind approved by the EPA that uses the Global Positioning System to keep track of the location of a motor vehicle. s 144AC: Ins 2014 No 65, Sch 2.1 [5]. Am 2017 No 21, Sch 3 [6]; 2024 No 20, Sch 9[39]; 2024 No 47, Sch 2.13.

Waste offences pt 5.6, div 3, hdg: Ins 2005 No 96, Sch 1 [67]. 143 Unlawful transporting or depositing of waste (1) Offence If a person transports waste to a place that cannot lawfully be used as a waste facility for that waste, or causes or permits waste to be so transported— (a) the person, and (b) if the person is not the owner of the waste—the owner of the waste, and (c) if the waste is transported in a vehicle and the person is not the owner of the vehicle—the owner of the vehicle, are each guilty of an offence. Maximum penalty— (a) for a corporation— (i) if the offence involves asbestos waste—$4,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (ii) otherwise—$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual— (i) if the offence involves asbestos waste—$1,000,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues, or (ii) otherwise—$500,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues. Note. An offence against subsection (1) committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169. (2) Proof of lawfulness In any proceedings for an offence under this section the defendant bears the onus of proving that the place to which the waste was transported can lawfully be used as a waste facility for that waste. (3) Defence—owner of waste It is a defence in any proceedings against an owner of waste for an offence under this section if the owner did not transport the waste and establishes— (a) that the commission of the offence was due to causes over which the owner had no control, and (b) that the owner took reasonable precautions and exercised due diligence to prevent the commission of the offence. (3A) Defence—approved notice It is a defence in any proceedings for an offence under this section if the defendant establishes that— (a) an approved notice was, at the time of the alleged offence, given to the defendant by the owner or occupier of the place to which the waste was transported or was displayed at the place, and (b) the approved notice stated that the place could lawfully be used as a waste facility for the waste, and (c) the defendant had no reason to believe that the place could not lawfully be used as a waste facility for the waste. (3B) However, it is not a defence in such proceedings for the defendant to establish that the defendant relied on the advice (other than advice in the form of an approved notice) given by the owner or occupier concerned to the effect that the place could, at the time of the alleged offence, be lawfully used as such a waste facility. (3C) Defence—waste not deposited It is a defence in any proceedings for an offence under this section if the defendant establishes that the waste transported by the defendant was not deposited by the defendant or any other person at the place to which it was transported. (4) Definitions In this section— approved notice means a notice, in a form approved by the EPA— (a) stating that the place to which the notice relates can lawfully be used as a waste facility for the waste specified in the notice, and (b) that contains a certification by the owner or occupier of the place that the statement is correct. owner of waste includes, in relation to waste that has been transported, the person who was the owner of the waste immediately before it was transported. s 143: Am 1999 No 31, Sch 1.37 [8]–[10]; 2005 No 96, Sch 1 [68] [69]; 2012 No 97, Sch 1.34 [19]; 2018 No 80, Sch 1 [3] [4]; 2022 No 3, Sch 5[39]; 2024 No 20, Sch 9[32]. 144 Use of place as waste facility without lawful authority (1) A person who is the owner or occupier of any place and who uses the place, or causes or permits the place to be used, as a waste facility without lawful authority is guilty of an offence. Maximum penalty— (a) for a corporation— (i) if the offence involves asbestos waste—$4,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (ii) otherwise—$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual— (i) if the offence involves asbestos waste—$1,000,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues, or (ii) otherwise—$500,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues. Note. An offence against subsection (1) committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169. (2) In any proceedings for an offence under this section the defendant bears the onus of proving that there is lawful authority to use the place concerned as a waste facility. s 144: Am 1999 No 31, Sch 1.37 [11]. Subst 2005 No 96, Sch 1 [70]. Am 2012 No 97, Sch 1.34 [20]; 2013 No 60, Sch 1 [2]; 2018 No 80, Sch 1 [5] [6]; 2024 No 20, Sch 9[33]. 144AAA Unlawful disposal of asbestos waste (1) A person disposing of asbestos waste off the site at which it is generated must do so at a place that can lawfully receive the waste. Maximum penalty— (a) for a corporation—$4,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual—$1,000,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues. Note. An offence against subsection (1) committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169. (2) In this section, dispose of asbestos waste includes to dump, abandon, deposit, discard, reject, discharge or emit anything that constitutes asbestos waste, and also includes to cause or permit the disposal of asbestos waste. s 144AAA: Ins 2018 No 80, Sch 1 [7]. Am 2024 No 20, Sch 9[34]. 144AAB Re-use and recycling of asbestos waste prohibited A person must not cause or permit asbestos waste in any form to be re-used or recycled. Maximum penalty— (a) for a corporation—$4,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual—$1,000,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues. Note. An offence against this section committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169. s 144AAB: Ins 2018 No 80, Sch 1 [7]. Am 2024 No 20, Sch 9[35]. 144AA False or misleading information about waste (1) A person who supplies information about waste to another person in the course of dealing with the waste, being information that is false or misleading in a material respect, is guilty of an offence. It is a defence in any proceedings against a person for an offence under this subsection if the person establishes that the person took all reasonable steps to ensure that the information was not false or misleading in a material respect. Maximum penalty— (a) for a corporation—$1,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual—$500,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues. Note. An offence under subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 169A. (2) A person who supplies information about waste to another person in the course of dealing with the waste, being information that the person knows is false or misleading in a material respect, is guilty of an offence. Maximum penalty— (a) for a corporation—$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual—either or both of the following— (i) $1,000,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues, (ii) imprisonment for 18 months. (2A) If the court is satisfied that a person charged with an offence under subsection (2) is not guilty of that offence but is satisfied on the evidence that the person is guilty of an offence under subsection (1), the court may find the person guilty of the offence under subsection (1), and the person is liable to punishment accordingly. (2B) Proceedings for an offence under subsection (2) may not be dealt with before the Local Court despite section 215. (3) In this section, information is taken to be supplied to a person in the course of dealing with waste if it is supplied— (a) in the course of an activity relating to the sale or disposal of waste, or (b) in the course of an activity relating to the storage, transport, handling, deposit, transfer, processing, recycling, recovery, re-use or use of the waste. (4) In this section, information about waste means information about any of the following— (a) the type, classification, characteristics, composition or quantity of the waste, (b) the actual or proposed storage, transport, handling, deposit, transfer, disposal, processing, recycling, recovery, re-use or use of the waste, (c) the hazards or potential harm to the environment or human health associated with the waste or an activity referred to in paragraph (b). (5) In this section, information includes a record containing information. (5A) In this section, supply information includes cause or permit information to be supplied. (6) Proceedings for an offence against this section may be instituted only by the EPA. s 144AA: Ins 2005 No 96, Sch 1 [70]. Am 2012 No 97, Sch 1.34 [21]; 2013 No 60, Sch 1 [3] [4]; 2022 No 3, Sch 5[40] [41]; 2024 No 20, Sch 9[36] [37]. 144AB Repeat waste offenders (1) For the purposes of this section, a waste offence is an offence against any of the following provisions of this Act— (aaaa) section 48(2), if the offence relates to an activity set out in Schedule 1, clauses 39–42, (aaa) section 91B, in relation to a pollution incident relating to waste, (aa) section 115(1), (ab) section 116, if the leaks, spillages or other escapes involve waste, (a) section 120 (1) (where waters are polluted by waste), (b) section 142A (1), (c) section 143 (1), (d) section 144 (1), (e) section 144AAA (1), (f) section 144AAB, (g) section 144AA(1) or (2), (h) section 286A(2), (i) section 286B(1), (j) section 286C(1). (2) A person commits an offence against this section if the person is an individual who— (a) has been convicted of a waste offence, and (b) commits a waste offence on a separate subsequent occasion within 5 years after that conviction. Maximum penalty—The maximum monetary penalty provided by this Act for the commission of the waste offence by an individual or imprisonment for 2 years, or both. (3) A reference in this section to a conviction for a waste offence includes a conviction before or after the commencement of this section and a conviction for an offence against this section. (4) If the court is satisfied that a person charged with an offence against this section is not guilty of that offence but is satisfied on the evidence that the person is guilty of the waste offence to which the charge relates, the court may find the person guilty of the waste offence, and the person is liable to punishment accordingly. (5) Proceedings for an offence against this section may not be dealt with before the Local Court despite section 215. s 144AB: Ins 2013 No 60, Sch 1 [5]. Am 2018 No 80, Sch 1 [8]; 2022 No 3, Sch 5[42] [43]; 2024 No 20, Sch 9[38]; 2025 No 58, Sch 9[43]. 144AC Use of approved GPS tracking device required by EPA for waste transportation vehicles (1) The EPA may, by notice in writing, require a person who is engaged in the transportation of waste to ensure that— (a) approved GPS tracking devices are installed, used and maintained, in the manner specified in the notice, on any motor vehicles or trailers, or both, that are used by the person (or an employee, subcontractor or agent of the person) to transport waste, and (b) such devices are not tampered with. (2) A person who does not comply with a notice given to the person under subsection (1) is guilty of an offence. Maximum penalty— (a) for a corporation—$44,000, or (b) for an individual—$22,000. (3) In this section— approved GPS tracking device means a device of a kind approved by the EPA that uses the Global Positioning System to keep track of the location of a motor vehicle. s 144AC: Ins 2014 No 65, Sch 2.1 [5]. Am 2017 No 21, Sch 3 [6]; 2024 No 20, Sch 9[39]; 2024 No 47, Sch 2.13.

Repeat waste offenders s 144AB: Ins 2013 No 60, Sch 1 [5]. Am 2018 No 80, Sch 1 [8]; 2022 No 3, Sch 5[42] [43]; 2024 No 20, Sch 9[38]; 2025 No 58, Sch 9[43].

(1) For the purposes of this section, a waste offence is an offence against any of the following provisions of this Act— (aaaa) section 48(2), if the offence relates to an activity set out in Schedule 1, clauses 39–42, (aaa) section 91B, in relation to a pollution incident relating to waste, (aa) section 115(1), (ab) section 116, if the leaks, spillages or other escapes involve waste, (a) section 120 (1) (where waters are polluted by waste), (b) section 142A (1), (c) section 143 (1), (d) section 144 (1), (e) section 144AAA (1), (f) section 144AAB, (g) section 144AA(1) or (2), (h) section 286A(2), (i) section 286B(1), (j) section 286C(1).

Littering pt 5.6A, hdg: Ins 2000 No 20, Sch 1 [5]. 144A Definitions In this Part— advertising material means any paper product (including a leaflet, brochure or magazine), or other material thing, that contains advertising or promotional matter. custodian of a place or vehicle means the person who owns the place or vehicle or who has the care, control or management of the place or vehicle. depositing litter in or on a place includes— (a) dropping or throwing litter in, on, into or onto the place, or (b) leaving litter in or on the place, or (c) putting litter in such a location that it falls, descends, blows, is washed, percolates or otherwise escapes or is likely to fall, descend, blow, be washed, percolate or otherwise escape into or onto the place, or (d) causing, permitting or allowing litter to fall, descend, blow, be washed, percolate or otherwise escape into or onto the place. litter includes— (a) any solid or liquid domestic or commercial refuse, debris or rubbish and, without limiting the generality of the above, includes any glass, metal, cigarette butts, paper, fabric, wood, food, abandoned vehicles, abandoned vehicle parts, construction or demolition material, garden remnants and clippings, soil, sand or rocks, and (b) any other material, substance or thing deposited in or on a place if its size, shape, nature or volume makes the place where it is deposited disorderly or detrimentally affects the proper use of that place, deposited in or on a place, whether or not it has any value when or after being deposited in or on the place. open private place means— (a) a private place that is situated in or on land and that is not within a building on the land, or (b) a private place that is situated in or on waters. vehicle means— (a) any thing that is capable of transporting a person, including an aeroplane, vessel, bicycle, bus, car, horse, train or tram, or (b) any trailer that is attached to any such thing, and includes a motor vehicle. s 144A: Ins 2000 No 20, Sch 1 [6]. 145 Littering generally (1) Offence of littering A person who deposits litter in or on a public place or an open private place is guilty of an offence. Maximum penalty— (a) for a corporation—$10,000, or (b) for an individual—$5,000. (2) Application of this section This section applies whether the place is in or on land or is in or on waters, but (without limiting subsection (5) (b)) does not apply to a place or class of places prescribed by the regulations as being excluded from this section. (3) Exceptions: public places Subsection (1) does not apply to a person who deposited the litter in or on a public place, if the person— (a) deposited the litter in or on the place— (i) in a receptacle provided by the custodian of the place for the depositing of litter, and (ii) in accordance with any conditions specified by the custodian, by means of a notice displayed on or in the vicinity of the receptacle, in relation to the depositing of litter in the receptacle, or (b) placed a receptacle containing the litter in the place for the purpose of the litter being removed in the course of a litter removal service provided by the custodian of the place, or (c) deposited the litter in the place— (i) in response to an invitation contained in a notice published by the custodian of the place, and (ii) in accordance with any conditions specified in the notice in relation to the depositing of litter in that place, or (d) deposited the litter in the place with the express consent of the custodian of the place. (4) Exceptions: open private places Subsection (1) does not apply to a person who deposited the litter in or on an open private place, if the person— (a) deposited the litter in or on the place in any receptacle— (i) that is provided for the deposit of litter, and (ii) that is appropriate for litter of that size, shape, nature or volume, or (b) at the relevant time was the custodian of the place or was acting with the express or implied consent of the custodian of the place. (5) Exceptions: generally Subsection (1) does not apply to a person who deposited the litter in or on a place, if the person— (a) deposited the litter in the place under an authority conferred by or under this or any other Act or any Commonwealth Act, or (b) deposited the litter in accordance with any regulations made for the purposes of this section or in such circumstances as may be prescribed by any regulations made for the purposes of this section. s 145: Subst 2000 No 20, Sch 1 [7]. Am 2005 No 96, Sch 1 [71]; 2024 No 20, Sch 9[41]. 145A Littering dangerous materials (1) A person who deposits litter that is or includes dangerous material in or on either of the following places commits an offence— (a) a public place, (b) an open private place. Maximum penalty— (a) for a corporation—$50,000, or (b) for an individual—$25,000. (2) If a court is satisfied a person charged with an offence under this section is not guilty of the offence but is satisfied on the evidence the person is guilty of an offence under section 145, the court may— (a) find the person guilty of the offence under section 145, and (b) impose a penalty on the person under that section. (3) In this section— dangerous material means the following— (a) a lit cigarette or a lit cigarette butt, (b) an e-cigarette, (c) a lithium battery or an item that contains a lithium battery, (d) a syringe, (e) glass, (f) oil, fuel, grease, paint or solvent, (g) a substance, material or other thing prescribed by the regulations. syringe — (a) means a hypodermic syringe, and (b) includes— (i) anything designed for use, or intended to be used, as part of a hypodermic syringe, and (ii) a needle designed for use, or intended to be used, in connection with a hypodermic syringe. s 145A: Ins 2000 No 20, Sch 1 [7]. Subst 2024 No 20, Sch 9[42]. 146 Owners and drivers of motor vehicles and trailers involved in littering (1) Offence If litter is deposited from a motor vehicle, or from a trailer attached to a motor vehicle, contrary to section 145 or 145A, the following are taken to be guilty of an offence under that section— (a) in the case of litter deposited from a motor vehicle—the driver of the motor vehicle, (b) in the case of litter deposited from a motor vehicle—the owner of the motor vehicle, (c) in the case of litter deposited from a trailer attached to a motor vehicle—the owner of the trailer. (2) Only one person liable Subsection (1) does not affect the liability of the actual offender but, if a penalty has been imposed or recovered from any person in relation to the offence (whether the actual offender, the driver or the owner), no further penalty may be imposed on or recovered from any other person. In this subsection, penalty includes a penalty under a penalty notice. (3) Exception for passenger vehicles Subsection (1) does not apply if— (a) the motor vehicle is a bus, taxi or other public transport vehicle and is being used at the time to convey a public passenger, and (b) the litter was deposited by that passenger. (4) Exception for stolen vehicles Subsection (1) (b) does not apply if the motor vehicle was at the time a stolen motor vehicle or a motor vehicle illegally taken or used. (4A) Exception for stolen trailers Subsection (1) (c) does not apply if the trailer was at the time a stolen trailer or a trailer illegally taken or used. (5) Exception for owner when not driver Subsection (1) (b) or (c) does not apply if the owner was not in the motor vehicle, including the motor vehicle to which the trailer was attached, at the relevant time and— (a) gives notice in accordance with subsection (7) of the name and address of the person who was in charge of the motor vehicle at the relevant time, or (b) satisfies the officer who gave the penalty notice for the offence or the court dealing with the offence (as the case requires) that the owner did not know, and could not with reasonable diligence have ascertained, that name and address. A notice under this subsection is, in proceedings against the person named in the notice for an offence under this Part, evidence that the person was driving the motor vehicle at the relevant time. (6) Exception for driver when not offender Subsection (1) (a) does not apply if the driver— (a) gives notice in accordance with subsection (7) of the name and address of the passenger in the motor vehicle who deposited the litter, or (b) satisfies the officer who gave the penalty notice for the offence or the court dealing with the offence (as the case requires) that the driver did not deposit the litter and did not know, and could not with reasonable diligence have ascertained, the name and address of the passenger who deposited the litter. A notice under this subsection is, in proceedings against the person named in the notice for an offence under this Part, evidence that the person deposited the litter from the motor vehicle. (7) Notice given by owner or driver A notice for the purposes of subsection (5) or (6) must be in the form of an approved nomination notice and— (a) if a penalty notice has been given for the offence—the notice must be given to an officer specified in the penalty notice for the purpose within 21 days after service of the penalty notice, or (b) if a court is dealing with the offence—the notice must be given to the prosecutor within 21 days after service of the summons or court attendance notice for the offence. (7A) Despite any other provision of this Act, an approved nomination notice may be provided by a person served with a penalty notice within 90 days of the notice being served on the person if the approved nomination notice is provided in the circumstances specified in section 23AA or 23AB of the Fines Act 1996 . (7B) If the owner or driver of a vehicle supplies an approved nomination notice to an officer or a prosecutor for the purposes of this section, an officer or prosecutor may, by written notice served on the owner or driver, require the owner to supply a statutory declaration for use in court proceedings that verifies the nomination contained in the approved nomination notice. (8) False statements A person who makes a statement for the purposes of subsection (5) or (6) knowing that it is false is guilty of an offence. Maximum penalty—10 penalty units. (9) Definition In this section— approved nomination notice has the same meaning as in section 38 of the Fines Act 1996 . s 146: Am 2000 No 20, Sch 1 [8]; 2000 No 93, Sch 1.18 [1]–[5]; 2005 No 96, Sch 1 [72]; 2016 No 13, Sch 2.8 [1]–[4]. 146A Depositing of advertising material (1) Offence A person must not deposit any advertising material in or on any place, other than— (a) in a receptacle that is provided for the deposit of mail, or (b) in a receptacle that is provided for the deposit of newspapers, or (c) under the door of any premises. Maximum penalty—5 penalty units. (2) Application of this section This section applies whether the place is a public place or a private place, and whether the place is in or on land or is in or on waters, but does not apply to the deposit of any advertising material in or on a vehicle. (3) Exceptions This section does not apply to the deposit of— (a) any newspaper, or any material folded or inserted in a newspaper, or (b) anything that is of such a size, shape or volume that it is not possible or appropriate for it to be deposited in accordance with subsection (1) (a)–(c), or (c) anything in a place by a person who is the custodian of the place or is acting with the express consent of the custodian of the place, or (d) anything by a person who deposits it in accordance with any regulations made for the purposes of this section or in such circumstances as may be prescribed by any regulations made for the purposes of this section. ss 146A–146C: Ins 2000 No 20, Sch 1 [9]. 146B Advertising material not to be placed in or on vehicles (1) Offence A person must not deposit any advertising material in or on any vehicle. Maximum penalty—5 penalty units. (2) Application of this section This section applies whether the vehicle is situated in or on a public place or a private place. (3) Exceptions This section does not apply to the deposit of— (a) any material by a person who is the custodian of the vehicle or is acting with the express consent of the custodian of the vehicle, or (b) any material by a person who deposits it in accordance with any regulations made for the purposes of this section or in such circumstances as may be prescribed by any regulations made for the purposes of this section. (4) For the purposes of subsection (3) (a), a person is not the custodian of a vehicle parked at a parking station merely because the person is the custodian of the parking station. In this subsection, parking station means a place (such as a car park) provided for the parking of vehicles, and includes a place or place of a class prescribed by the regulations. ss 146A–146C: Ins 2000 No 20, Sch 1 [9]. 146C Offence to cause or ask person to commit offence A person must not cause, ask, require or induce, or attempt to cause, ask, require or induce, another person to do anything that contravenes or would contravene section 146A or 146B. Maximum penalty— • in the case of a corporation—30 penalty units, or • in the case of an individual—7 penalty units. ss 146A–146C: Ins 2000 No 20, Sch 1 [9]. 146D s 146D: Ins 2000 No 20, Sch 1 [9]. Am 2001 No 112, Sch 2.29; 2006 No 58, Sch 1.24 [2]; 2006 No 120, Sch 1.22 [1]. Rep 2025 No 58, Sch 9[44]. 146E Restrictions on release of balloons (1) Offence of releasing balloons A person who releases 20 or more balloons at or about the same time is guilty of an offence if the balloons are inflated with a gas that causes them to rise in the air. Maximum penalty (for a corporation or an individual): 10 penalty units. (2) Offence of causing or permitting release of balloons A person who causes or permits the release (whether by one or more than one person) of 20 or more balloons at or about the same time is guilty of an offence if the balloons are inflated with a gas that causes them to rise in the air. Maximum penalty (for a corporation or an individual): 10 penalty units. (3) Aggravated offence A person is guilty of an aggravated offence under this subsection if the person commits an offence under subsection (1) or (2) and the number of balloons released is more than 100. Maximum penalty (instead of any penalty under subsection (1) or (2))— • in the case of a corporation—55 penalty units, or • in the case of an individual—33 penalty units. (4) Exceptions Subsections (1)–(3) do not apply if— (a) the balloons are released unintentionally and without negligence, or (b) the balloons are released inside a building or structure and do not make their way into the open air, or (c) the balloons are hot air balloons that are recovered after landing, or (d) the balloons are released for scientific (including meteorological) purposes. (5) Aggravation not proved If the court is satisfied that a person charged with an offence under subsection (3) is not guilty of that offence but is satisfied on the evidence that the person is guilty of an offence under subsection (1) or (2), the court may find the person guilty of the offence under subsection (1) or (2), and the person is liable to punishment accordingly. (6) Evidence In any proceedings under this section— (a) it is not necessary for the prosecutor to establish the exact number of balloons released, and (b) evidence that a balloon rose in the air after being released is, in the absence of evidence to the contrary, evidence that the balloon was inflated with a gas that caused it to rise in the air. s 146E: Ins 2000 No 82, Sch 1 [1]. 146F Application of Part to State waters This Part extends to State waters within the meaning of the Marine Pollution Act 2012 , but not so as to make a person liable to be punished for both— (a) an offence under this Part, and (b) an offence under the Marine Pollution Act 2012 or the regulations under that Act. s 146F: Ins 2012 No 5, Sch 1.5 [2].

146D s 146D: Ins 2000 No 20, Sch 1 [9]. Am 2001 No 112, Sch 2.29; 2006 No 58, Sch 1.24 [2]; 2006 No 120, Sch 1.22 [1]. Rep 2025 No 58, Sch 9[44].

Meaning of material harm to the environment s 147: Am 2025 No 58, Sch 9[45].

(1) For the purposes of this Part— (a) harm to the environment is material if— (i) it involves actual or potential harm to the health or safety of human beings or to ecosystems that is not trivial, or (ii) it results in actual or potential loss or property damage of an amount, or amounts in aggregate, exceeding $50,000 (or such other amount as is prescribed by the regulations), and (b) loss includes the reasonable costs and expenses that would be incurred in taking all reasonable and practicable measures to prevent, mitigate or make good harm to the environment.

Pollution incidents causing or threatening material harm to be notified s 148: Am 2005 No 96, Sch 1 [73] [74]; 2011 No 63, Sch 2 [2]–[4]; 2014 No 65, Sch 2.1 [6]; 2015 No 19, Sch 15.14; 2022 No 3, Sch 5[44]; 2025 No 58, Sch 9[46] [47].

(7) The regulations may prescribe pollution incidents, or classes of pollution incidents, to which this part does not apply.

Application of Chapter and extension of Chapter to other environment protection legislation s 213: Am 2001 No 58, Sch 2 [8]; 2005 No 96, Sch 1 [99] [100]. Subst 2021 No 31, Sch 3.3[2]. Am 2022 No 3, Sch 5[56]; 2024 No 10, Sch 1[7]; 2025 No 58, Sch 9[50].

Multiple contraventions s 216A: Ins 2024 No 20, Sch 9[53]. Am 2025 No 58, Sch 9[51] [52].

(1) Two or more contraventions of a provision of environment protection legislation by a person that arise out of either of the following may be charged as a single offence or as separate offences— (a) the same factual circumstances, (b) the same activity being carried on at the same premises.

Matters to be considered in imposing penalty s 241: Am 2018 No 80, Sch 1[11]; 2025 No 58, Sch 9[53] [54].

(1) In imposing a penalty for an offence against this Act or the regulations, the court is to take into consideration the following (so far as they are relevant)— (a) the extent of the harm caused or likely to be caused to the environment by the commission of the offence, (b) the practical measures that may be taken to prevent, control, abate or mitigate that harm, (c) the extent to which the person who committed the offence could reasonably have foreseen the harm caused or likely to be caused to the environment by the commission of the offence, (d) the extent to which the person who committed the offence had control over the causes that gave rise to the offence, (e) whether, in committing the offence, the person was complying with orders from an employer or supervising employee, (e1) the impact of the offence on Aboriginal cultural values and practices, including impacts on lands, skies, waters, plant and animal species and seas, having regard to the spiritual and cultural significance of the impact of the offence, (e2) environmental justice principles, (f) the presence of asbestos in the environment.

Compliance costs s 267B: Ins 2005 No 96, Sch 1 [116]. Am 2025 No 58, Sch 9[55] [56].

(1) The appropriate regulatory authority that gives a noise control notice to a person may, by notice in writing (in this section referred to as a compliance cost notice ), require the person to pay all or any reasonable costs incurred by the authority in connection with— (a) monitoring action under the notice, and (b) ensuring that the notice is complied with, and (c) a matter associated with or incidental to a matter referred to in paragraph (a) or (b).

Issue of noise abatement directions If it appears to an authorised person that offensive noise is being, or has at any time within the past 10 days been, emitted from any premises, the authorised person may— (a) direct the person whom the authorised person believes to be the occupier of the premises to cause the emission of the offensive noise to cease, or (b) direct any person whom the authorised person believes to be making or contributing to the making of the noise to cease making or contributing to the making of offensive noise, or both. s 276: Am 2025 No 58, Sch 9[57].

Contravention of noise abatement directions s 277: Am 2025 No 58, Sch 9[58].

(1) A person to whom a noise abatement direction has been given under section 276 (a) must not, without reasonable excuse, while the direction remains in force— (a) fail to cause the emission of the offensive noise from the premises to cease promptly, or (b) at any time within 40 days following the time at which the direction was given (or such shorter period as is specified in the direction), cause or permit offensive noise to be emitted from the premises.

(2) A person to whom a noise abatement direction has been given under section 276 (b) must not, without reasonable excuse, while the direction remains in force— (a) fail to promptly cease making or contributing to the making of the offensive noise, or (b) at any time within 40 days following the time at which the direction was given (or such shorter period as is specified in the direction), make or contribute to the making of offensive noise that is emitted from the premises.

Offence regarding resource recovery orders s 286A: Ins 2024 No 20, Sch 9[68]. Am 2025 No 58, Sch 9[59].

(1) The EPA may, by order, impose requirements on a specified person, or a specified class of persons, in relation to waste to which a resource recovery exemption applies.

Pollution incidents—analysis of risk pt 9.3D: Ins 2011 No 63, Sch 2 [19]. 295ZB Definition In this Part— relevant person , in relation to a pollution incident, means— (a) the occupier of the premises at or from which the EPA reasonably suspects that the pollution incident occurred or is occurring, or (b) the person who is reasonably suspected by the EPA of having caused the pollution incident, or (c) the owner of the premises at or from which the EPA reasonably suspects the pollution incident occurred or is occurring, or (d) a person who contributed to the pollution incident. s 295ZB: Ins 2011 No 63, Sch 2 [19]. Am 2025 No 58, Sch 9[60]. 295ZC Conduct of health risk analysis (1) If the EPA reasonably suspects that a pollution incident has occurred or is occurring, the EPA may request that the Chief Health Officer of the Ministry of Health undertake an analysis of the risk created by that incident to the health of any person or group of persons. (2) The Chief Health Officer may undertake such an analysis. (3) If such an analysis is undertaken, the Director-General of the Ministry of Health may, by notice in writing, require any or all of the relevant persons in relation to the pollution incident to pay any or all of the reasonable costs and expenses incurred by the Chief Health Officer in connection with that analysis. (4) The Chief Health Officer may make use of the staff or facilities of the Ministry of Health, or engage agents or consultants, for the purposes of carrying out an analysis under this section. s 295ZC: Ins 2011 No 63, Sch 2 [19]. 295ZD Conduct of environmental risk analysis (1) If the EPA reasonably suspects that a pollution incident has occurred or is occurring, the EPA may undertake an analysis of— (a) the nature and extent of the pollution incident, including actual or likely harm to the environment, and (b) the actual or likely pollution resulting from the pollution incident. (2) If the EPA undertakes such an analysis, the EPA may, by notice in writing, require any or all of the relevant persons in relation to the pollution incident to pay any or all of the reasonable costs and expenses incurred by the EPA in connection with that analysis. (3) The EPA may engage agents or consultants for the purposes of carrying out an analysis under this section. s 295ZD: Ins 2011 No 63, Sch 2 [19]. 295ZE Recovery of costs of analysis (1) If the Director-General of the Ministry of Health or the EPA issues a notice requiring payment under this Part, the Director-General or the EPA, as the case requires, may recover any unpaid amount specified in the notice as a debt in a court of competent jurisdiction. (2) The reasonable costs and expenses incurred by the Chief Health Officer of the Ministry of Health or the EPA in connection with an analysis are not recoverable if the person to whom a notice has been issued under this Part establishes to the satisfaction of the court that the nature and extent of the analysis conducted by the Chief Health Officer or the EPA was not reasonably necessary to respond to the potential public health or environmental concerns arising out of the pollution incident or was not otherwise in the public interest. s 295ZE: Ins 2011 No 63, Sch 2 [19]. 295ZF Recovery from responsible persons If the person given a notice requiring payment under this Part complies with the notice but was not the person who caused the pollution incident, the amount of the payment may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from the person who caused the pollution incident. s 295ZF: Ins 2011 No 63, Sch 2 [19]. 295ZG General provisions A notice may be given, and action may be taken, under this Part— (a) whether or not the EPA is the appropriate regulatory authority with respect to the pollution incident, and (b) whether or not a clean-up notice has been given under Part 4.2 with respect to the pollution incident. s 295ZG: Ins 2011 No 63, Sch 2 [19].

Definition In this Part— relevant person , in relation to a pollution incident, means— (a) the occupier of the premises at or from which the EPA reasonably suspects that the pollution incident occurred or is occurring, or (b) the person who is reasonably suspected by the EPA of having caused the pollution incident, or (c) the owner of the premises at or from which the EPA reasonably suspects the pollution incident occurred or is occurring, or (d) a person who contributed to the pollution incident. s 295ZB: Ins 2011 No 63, Sch 2 [19]. Am 2025 No 58, Sch 9[60].

Conduct of health risk analysis s 295ZC: Ins 2011 No 63, Sch 2 [19].

Conduct of environmental risk analysis s 295ZD: Ins 2011 No 63, Sch 2 [19].

Recovery of costs of analysis s 295ZE: Ins 2011 No 63, Sch 2 [19].

Recovery from responsible persons If the person given a notice requiring payment under this Part complies with the notice but was not the person who caused the pollution incident, the amount of the payment may be recovered by the person who complied with the notice as a debt in a court of competent jurisdiction from the person who caused the pollution incident. s 295ZF: Ins 2011 No 63, Sch 2 [19].

General provisions A notice may be given, and action may be taken, under this Part— (a) whether or not the EPA is the appropriate regulatory authority with respect to the pollution incident, and (b) whether or not a clean-up notice has been given under Part 4.2 with respect to the pollution incident. s 295ZG: Ins 2011 No 63, Sch 2 [19].

Chemicals pt 9.3E: Ins 2024 No 10, Sch 1[11]. Division 1 Industrial chemicals pt 9.3E, div 1: Ins 2024 No 10, Sch 1[11]. 296 Definitions In this division— Commonwealth register means the Register within the meaning of the Industrial Chemicals Environmental Management (Register) Act 2021 of the Commonwealth. industrial chemical has the same meaning as in the Industrial Chemicals Act 2019 of the Commonwealth. manufacture , an industrial chemical, has the same meaning as in the Industrial Chemicals Act 2019 of the Commonwealth. use , an industrial chemical, has the same meaning as in the Industrial Chemicals Act 2019 of the Commonwealth. s 296 (as originally enacted): Renumbered as sec 297A, 2024 No 10, Sch 1[12]. s 296: Ins 2024 No 10, Sch 1[11]. 296A NSW Industrial Chemicals Environmental Management Standard Register (1) The Commonwealth register, as in force from time to time and as modified by the regulations, applies for the purposes of this part and may be referred to as the NSW Industrial Chemicals Environmental Management Standard Register (the NSW IChEMS register ). (2) The regulations may modify the Commonwealth register for the purposes of the NSW IChEMS register, including by adding, varying or omitting matter. Example— The regulations may modify the Commonwealth register by adding a chemical for inclusion in the NSW IChEMS register that is not listed in the Commonwealth register. (3) If a later amendment to the Commonwealth register is inconsistent with the regulations, the regulations prevail to the extent of any inconsistency. (4) Terms used in the NSW IChEMS register that have been applied from the Commonwealth register have the same meanings as in the Commonwealth register unless the regulations provide otherwise. s 296A: Ins 2024 No 10, Sch 1[11]. 296B Users and manufacturers to comply with risk management measures (1) A person who manufactures or uses an industrial chemical listed in the NSW IChEMS register must comply with the risk management measures specified in the register for the chemical. (2) A failure to comply with a risk management measure referred to in subsection (1) is taken to be a pollution incident. s 296B: Ins 2024 No 10, Sch 1[11]. 296C Person must not do things prohibited by NSW IChEMS register (1) A person must not do a thing in relation to an industrial chemical listed in the NSW IChEMS register if doing the thing is prohibited for the chemical in the register. Maximum penalty— (a) for an individual— (i) $500,000, and (ii) for each day the offence continues—$60,000, or (b) otherwise— (i) $2,000,000, and (ii) for each day the offence continues—$120,000. Note— An offence against this section committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169. (2) An activity authorised by an environment protection licence is taken not to be a contravention of subsection (1). (3) A person is not guilty of an offence against subsection (1) if the person proves the thing was done in relation to the industrial chemical in a way specified in the NSW IChEMS register as an exception to the prohibition. s 296C: Ins 2024 No 10, Sch 1[11]. 296D Licence conditions (1) The conditions of a licence may deal with the following in relation to an industrial chemical— (a) implementing a decision to— (i) list an industrial chemical in the NSW IChEMS register, or (ii) specify a prohibition, restriction, risk management measure or other matter for, or in relation to, an industrial chemical listed in the NSW IChEMS register, (b) engaging in or carrying on another activity involving an industrial chemical listed in the NSW IChEMS register, (c) requiring an activity involving an industrial chemical to comply with or have regard to the IChEMS Minimum Standards agreed by Commonwealth, State and Territory environmental regulators and in force from time to time. (2) A condition imposed under this section may require compliance with the condition within a specified period. s 296D: Ins 2024 No 10, Sch 1[11]. Am 2025 No 58, Sch 9[65]. 296E Failure to comply with phase-out conditions (1) If a phase-out condition of a licence is contravened by a person, each holder of the licence is guilty of an offence. Maximum penalty— (a) for an individual— (i) $500,000, and (ii) for each day the offence continues—$60,000, or (b) otherwise— (i) $2,000,000, and (ii) for each day the offence continues—$120,000. Note— An offence against this section committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169. (2) The holder of a licence is not guilty of an offence against this section if the holder establishes that— (a) the contravention of the condition was caused by another person, and (b) the other person was not associated with the holder when the condition was contravened, and (c) the holder took all reasonable steps to prevent the contravention of the condition. (3) Without limiting subsection (2)(b), a person is associated with the holder if the person is an employee, agent, licensee, contractor or subcontractor of the holder. (4) In this section— holder , of a licence, includes— (a) the former holder of the licence, and (b) another person required to comply with the condition or to whom the condition applies. phase-out condition means a condition— (a) imposed on a licence in relation to a Schedule 6 or 7 chemical within the meaning of Schedule 1, and (b) specified in the licence as a phase-out condition. s 296E: Ins 2024 No 10, Sch 1[11]. Division 2 Chemical use notices pt 9.3E, div 2: Ins 2024 No 10, Sch 1[11]. 296F Chemical use notices (1) The EPA may publish an order in the Gazette requiring a person to give information to the EPA in relation to a chemical (a chemical use notice ) if— (a) the chemical is listed in the NSW IChEMS register, or (b) a chemical control order is in force for the chemical, or (c) the chemical, in the EPA’s opinion, has the potential to present a risk of harm to human health or the environment. (2) A chemical use notice may require persons who manufacture or use, or who intend to manufacture or use, the chemical— (a) to give information to the EPA, and (b) to pay to the EPA a fee in accordance with the regulations. (3) A chemical use notice must specify the following— (a) the information that must be given, (b) the time within which the information must be given. (4) A chemical use notice may specify the form and way in which the information must be given. (5) A chemical use notice may require a person to give information about the following— (a) the chemical, (b) if the person manufactures the chemical—the manufacture of the chemical by the person, or the use or proposed use of the chemical, (c) if the person uses the chemical—the use of the chemical by the person, (d) the use or manufacture of another substance or thing, including another chemical, that together with the chemical may increase the risk posed by the chemical, (e) the person, including the contact details of the person, (f) the premises at which the chemical is manufactured or used, (g) the quantity of the chemical manufactured, used or stored at the premises, (h) other information prescribed by the regulations. (6) A chemical use notice may require a person to update information given under the notice at the times or in the circumstances specified in the notice. (7) A person must comply with a chemical use notice. Maximum penalty— (a) for an individual— (i) $250,000, and (ii) for each day the offence continues—$60,000, or (b) otherwise— (i) $1,000,000, and (ii) for each day the offence continues—$120,000. Note— An offence against this section committed by a corporation is an offence attracting executive liability for a director or other person involved in the management of the corporation—see section 169A. s 296F: Ins 2024 No 10, Sch 1[11]. 296G Use and disclosure of information (1) The EPA may, for the exercise of its functions, use information collected under a chemical use notice. (2) The EPA may disclose information collected under a chemical use notice if— (a) the disclosure is to an agency of this or another Australian jurisdiction, and (b) the EPA is reasonably satisfied the disclosure is relevant to the functions of the agency in relation to industrial chemicals. s 296G: Ins 2024 No 10, Sch 1[11]. 296H Chemical use notice fees (1) The regulations may make provision about fees required to be paid to the EPA by persons who are required to give the EPA information under a chemical use notice. (2) Without limiting subsection (1), the regulations may make provision about the following— (a) the method for determining the amount of the fees, (b) the payment of the fees, including the period within which the fees must be paid, payment by instalments and the payment of interest on unpaid fees, (c) the recovery of the fees by the EPA, (d) the refund or waiver of the fees, in whole or in part, by the EPA, (e) the reduction of the fees in specified circumstances, including the granting of fee discounts by the EPA. s 296H: Ins 2024 No 10, Sch 1[11]. Division 3 Chemical control orders pt 9.3E, div 3: Ins 2024 No 10, Sch 1[11]. 296I Grounds for making orders (1) The EPA may make an order (a chemical control order ) prohibiting or regulating one or more of the following activities in relation to a chemical— (a) manufacturing or processing the chemical, (b) keeping or storing the chemical, (c) distributing or transporting the chemical, (d) using the chemical, (e) selling or disposing of the chemical, (f) an activity relating to an activity referred to in paragraphs (a)–(e). (2) The EPA may make the order if satisfied the order is necessary to prevent or minimise an adverse effect on the environment that may result from carrying on the activity in relation to the chemical. (3) Without limiting subsection (2), an activity that results or is likely to result in the following is taken to have an adverse effect on the environment— (a) storing the chemical in accumulating deposits, (b) dumping or abandoning the chemical, (c) otherwise dealing with the chemical as waste. s 296I: Ins 2024 No 10, Sch 1[11]. 296J Making orders (1) A chemical control order is made by publishing the order in the Gazette. (2) The order must include the following— (a) the name of the chemical to which the order relates, (b) for activities prohibited by the order—details of the activities, (c) for activities regulated by the order— (i) details of the activities, and (ii) details of how the activities are regulated, (d) the day on which the order commences, (e) the grounds for making the order. (3) If the chemical to which the order relates is mixed with other chemicals or substances, the order may apply to the other chemicals or substances in the same way as it applies to the chemical. (4) An order must not be made in relation to— (a) a chemical prescribed by the regulations, or (b) a radioactive substance within the meaning of the Protection from Harmful Radiation Act 1990 . s 296J: Ins 2024 No 10, Sch 1[11]. 296K Date orders come into force A chemical control order comes into force— (a) if the order is specified to be an emergency chemical control order— (i) on the day the order is made, or (ii) if a later date is specified in the order—on the later date, or (b) otherwise— (i) on the date specified in the order, or (ii) if the date specified is less than 21 days after the order is made—on the day that is 21 days after the order is made. s 296K: Ins 2024 No 10, Sch 1[11]. 296L Person must comply with orders (1) A person must not carry on an activity in relation to a chemical in contravention of a chemical control order. Maximum penalty— (a) for an individual— (i) $250,000, and (ii) for each day the offence continues—$60,000, or (b) otherwise— (i) $1,000,000, and (ii) for each day the offence continues—$120,000. Note— An offence against this section committed by a corporation is an offence attracting executive liability for a director or other person involved in the management of the corporation—see section 169A. (2) A licence does not authorise the carrying out of an activity in contravention of a chemical control order. s 296L: Ins 2024 No 10, Sch 1[11]. 296M Licence conditions (1) A condition of a licence may be imposed to prohibit or regulate one or more of the following activities in relation to a chemical— (a) manufacturing or processing the chemical, (b) keeping or storing the chemical, (c) distributing or transporting the chemical, (d) using the chemical, (e) selling or disposing of the chemical, (f) an activity relating to an activity referred to in paragraphs (a)–(e). (2) Without limiting subsection (1), a condition of a licence may be imposed to require steps to be taken to secure premises or a storage area in or on which a chemical is stored. s 296M: Ins 2024 No 10, Sch 1[11]. Division 4 Assessment of technology pt 9.3E, div 4: Ins 2024 No 10, Sch 1[11]. 296N Application for assessment of technology (1) A person may apply to the EPA for an assessment of technology that the person proposes to use in relation to processing, remediating or disposing of— (a) a chemical the subject of a chemical control order, or (b) an industrial chemical. (2) The application must be in the approved form. (3) The EPA may require the application to be accompanied by the fee prescribed by the regulations. s 296N: Ins 2024 No 10, Sch 1[11]. 296O Requirement for assessment of technology If a licence application has been made, the appropriate regulatory authority may, by written notice given to the applicant, require the applicant to apply to the EPA for an assessment of technology under section 296N if the authority considers it necessary to properly assess the application. s 296O: Ins 2024 No 10, Sch 1[11]. Division 5 Forfeiture of chemicals pt 9.3E, div 5: Ins 2024 No 10, Sch 1[11]. 296P Forfeiture of substances and containers by order of court (1) The Land and Environment Court may order the forfeiture of the following if a person is convicted of an offence against this part— (a) all or part of the chemical or a container of the chemical in relation to which the offence was committed, (b) a substance or container of a substance seized in connection with the offence. (2) On the making of the order, the chemical or container becomes the property of the Crown. s 296P: Ins 2024 No 10, Sch 1[11]. 296Q Retention and disposal of seized property (1) During the prescribed period, the EPA may do one or more of the following in relation to a substance or container seized under section 198 (a seized substance or container )— (a) keep the seized substance or container, (b) return the seized substance or container to the person— (i) from whom it was seized, or (ii) who appears to the EPA to be its owner, (c) by written notice published on the EPA’s website, advertise that an application will be made on a specified day for forfeiture to the Crown of the seized substance or container. (2) The Land and Environment Court may, after determining the application, order— (a) the return of the seized substance or container to a specified person, or (b) the forfeiture to the Crown of the seized substance or container. (3) If not sooner forfeited or returned, a seized substance or container must, after the expiry of the prescribed period, be returned to the person— (a) from whom it was seized, or (b) who appears to the EPA to be its owner. (4) In this section— prescribed period means— (a) a period of 6 months commencing from the day of the seizure of the substance or container, or (b) a longer period specified by the Land and Environment Court on the application of the EPA. s 296Q: Ins 2024 No 10, Sch 1[11]. 296R Disposal of forfeited property (1) A substance or container forfeited to the Crown must be disposed of in accordance with the direction of the EPA. (2) If a substance or container is disposed of by selling, the proceeds must be paid into the Consolidated Fund. s 296R: Ins 2024 No 10, Sch 1[11].

Industrial chemicals pt 9.3E, div 1: Ins 2024 No 10, Sch 1[11]. 296 Definitions In this division— Commonwealth register means the Register within the meaning of the Industrial Chemicals Environmental Management (Register) Act 2021 of the Commonwealth. industrial chemical has the same meaning as in the Industrial Chemicals Act 2019 of the Commonwealth. manufacture , an industrial chemical, has the same meaning as in the Industrial Chemicals Act 2019 of the Commonwealth. use , an industrial chemical, has the same meaning as in the Industrial Chemicals Act 2019 of the Commonwealth. s 296 (as originally enacted): Renumbered as sec 297A, 2024 No 10, Sch 1[12]. s 296: Ins 2024 No 10, Sch 1[11]. 296A NSW Industrial Chemicals Environmental Management Standard Register (1) The Commonwealth register, as in force from time to time and as modified by the regulations, applies for the purposes of this part and may be referred to as the NSW Industrial Chemicals Environmental Management Standard Register (the NSW IChEMS register ). (2) The regulations may modify the Commonwealth register for the purposes of the NSW IChEMS register, including by adding, varying or omitting matter. Example— The regulations may modify the Commonwealth register by adding a chemical for inclusion in the NSW IChEMS register that is not listed in the Commonwealth register. (3) If a later amendment to the Commonwealth register is inconsistent with the regulations, the regulations prevail to the extent of any inconsistency. (4) Terms used in the NSW IChEMS register that have been applied from the Commonwealth register have the same meanings as in the Commonwealth register unless the regulations provide otherwise. s 296A: Ins 2024 No 10, Sch 1[11]. 296B Users and manufacturers to comply with risk management measures (1) A person who manufactures or uses an industrial chemical listed in the NSW IChEMS register must comply with the risk management measures specified in the register for the chemical. (2) A failure to comply with a risk management measure referred to in subsection (1) is taken to be a pollution incident. s 296B: Ins 2024 No 10, Sch 1[11]. 296C Person must not do things prohibited by NSW IChEMS register (1) A person must not do a thing in relation to an industrial chemical listed in the NSW IChEMS register if doing the thing is prohibited for the chemical in the register. Maximum penalty— (a) for an individual— (i) $500,000, and (ii) for each day the offence continues—$60,000, or (b) otherwise— (i) $2,000,000, and (ii) for each day the offence continues—$120,000. Note— An offence against this section committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169. (2) An activity authorised by an environment protection licence is taken not to be a contravention of subsection (1). (3) A person is not guilty of an offence against subsection (1) if the person proves the thing was done in relation to the industrial chemical in a way specified in the NSW IChEMS register as an exception to the prohibition. s 296C: Ins 2024 No 10, Sch 1[11]. 296D Licence conditions (1) The conditions of a licence may deal with the following in relation to an industrial chemical— (a) implementing a decision to— (i) list an industrial chemical in the NSW IChEMS register, or (ii) specify a prohibition, restriction, risk management measure or other matter for, or in relation to, an industrial chemical listed in the NSW IChEMS register, (b) engaging in or carrying on another activity involving an industrial chemical listed in the NSW IChEMS register, (c) requiring an activity involving an industrial chemical to comply with or have regard to the IChEMS Minimum Standards agreed by Commonwealth, State and Territory environmental regulators and in force from time to time. (2) A condition imposed under this section may require compliance with the condition within a specified period. s 296D: Ins 2024 No 10, Sch 1[11]. Am 2025 No 58, Sch 9[65]. 296E Failure to comply with phase-out conditions (1) If a phase-out condition of a licence is contravened by a person, each holder of the licence is guilty of an offence. Maximum penalty— (a) for an individual— (i) $500,000, and (ii) for each day the offence continues—$60,000, or (b) otherwise— (i) $2,000,000, and (ii) for each day the offence continues—$120,000. Note— An offence against this section committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169. (2) The holder of a licence is not guilty of an offence against this section if the holder establishes that— (a) the contravention of the condition was caused by another person, and (b) the other person was not associated with the holder when the condition was contravened, and (c) the holder took all reasonable steps to prevent the contravention of the condition. (3) Without limiting subsection (2)(b), a person is associated with the holder if the person is an employee, agent, licensee, contractor or subcontractor of the holder. (4) In this section— holder , of a licence, includes— (a) the former holder of the licence, and (b) another person required to comply with the condition or to whom the condition applies. phase-out condition means a condition— (a) imposed on a licence in relation to a Schedule 6 or 7 chemical within the meaning of Schedule 1, and (b) specified in the licence as a phase-out condition. s 296E: Ins 2024 No 10, Sch 1[11].

Licence conditions s 296D: Ins 2024 No 10, Sch 1[11]. Am 2025 No 58, Sch 9[65].

(1) The conditions of a licence may deal with the following in relation to an industrial chemical— (a) implementing a decision to— (i) list an industrial chemical in the NSW IChEMS register, or (ii) specify a prohibition, restriction, risk management measure or other matter for, or in relation to, an industrial chemical listed in the NSW IChEMS register, (b) engaging in or carrying on another activity involving an industrial chemical listed in the NSW IChEMS register, (c) requiring an activity involving an industrial chemical to comply with or have regard to the IChEMS Minimum Standards agreed by Commonwealth, State and Territory environmental regulators and in force from time to time.

Disclosure of information A person must not disclose information obtained in connection with the administration or execution of this Act or the regulations, unless the disclosure is made— (a) with the consent of the person from whom the information was obtained, or (b) in connection with the administration or execution of this Act or the regulations, or (c) by a member of staff of the EPA or another regulatory authority and the disclosure is reasonably related to the prevention or amelioration of harm to— (i) the public, or (ii) a person or property, or (iii) the environment, or (d) to another government sector agency, or an agency of the Commonwealth, another State or a Territory prescribed by the regulations, or (e) for the purposes of legal proceedings arising out of this Act or the regulations or a report of the proceedings, or (f) in accordance with a requirement imposed under the Ombudsman Act 1974 , or (g) with the prior permission of the Minister, or (h) with another lawful excuse. s 319: Am 1998 No 120, Sch 1.35 [5]; 2001 No 58, Sch 2 [9]; 2005 No 96, Sch 1 [133]–[135]; 2024 No 10, Sch 1[14]. Subst 2025 No 58, Sch 9[74].

Scheduled activities Note. Parts 1 and 2 of this Schedule list the activities that are scheduled activities for the purposes of this Act (see sections 48 and 49). Part 3 defines various words and expressions that are used in Parts 1 and 2. sch 1: Am GG No 53 of 30.4.1999, p 2899; GG No 72 of 25.6.1999, p 4226; GG No 42 of 31.3.2000, p 2682; GG No 57 of 12.5.2000, p 3837; GG No 71 of 16.6.2000, p 4998; GG No 54 of 16.3.2001, p 1245; GG No 60 of 30.3.2001, p 1600; 2001 No 58, Sch 2 [10] [11]; GG No 150 of 5.10.2001, p 8381; 2005 No 96, Sch 1 [141]–[144]. Subst 2008 (109), Sch 1. Am 2008 No 122, Sch 15.1 [1]; 2009 (210), Sch 1 [1]–[14]; 2009 No 106, Sch 1.13 [1] [2]; 2009 (593), Sch 1 [1]–[6]; 2011 (554), Sch 1 [1]–[9]; 2012 No 96, Sch 4.30; 2013 (341), Sch 1 [1]–[5]; 2014 (666), Sch 2 [1]–[35]; 2014 (852), Sch 1 [1] [2]; 2017 (118), Sch 1 [1]–[3]; 2018 No 40, Sch 3.11 [2]; 2018 (643), Sch 1 [1]–[7]; 2019 (88), Sch 1 [1] [2]; 2019 (319), Sch 1 [1]–[12]; 2022 No 3, Sch 5[75]; 2022 No 8, Sch 5.7; 2022 (449), Sch 9[1]–[16]; 2023 (51), Sch 1.1[1] [2]; 2023 (72), Sch 1[1] [2]; 2023 No 30, Sch 2.7[1]; 2024 No 10, Sch 1[15]–[17]; 2024 No 20, Sch 9[74]–[77]; 2025 No 58, Sch 9[76]–[78].

(1) This clause applies to the following activities— general animal products production , meaning the manufacture of products derived from the slaughtering or processing of animals occurring in plants producing products such as hides, adhesives, pet food, gelatine, fertiliser or meat products. greasy wool or fleece processing , meaning the scouring, topping or carbonising of greasy wool or fleeces. rendering or fat extraction , meaning the manufacture of products derived from the slaughtering or processing of animals occurring in rendering or fat extraction plants. slaughtering or processing animals , meaning the slaughtering or processing of animals (including poultry and fish). tanneries or fellmongeries , meaning the manufacture of products derived from the slaughtering or processing of animals occurring in tanneries or fellmongeries (that is, operations that process animal skins or other animal products to produce leather or other similar products).

(1) In this Schedule— general solid waste (non-putrescible) means waste (other than special waste, hazardous waste, restricted solid waste, general solid waste (putrescible) or liquid waste) that includes any of the following— (a) glass, plastic, rubber, plasterboard, ceramics, bricks, concrete or metal, (b) paper or cardboard, (c) household waste from municipal clean-up that does not contain food waste, (d) waste collected by or on behalf of local councils from street sweeping, (e) grit, sediment, litter and gross pollutants collected in, and removed from, stormwater treatment devices or stormwater management systems, that has been dewatered so that it does not contain free liquids, (f) grit and screenings from potable water and water reticulation plants that has been dewatered so that it does not contain free liquids, (g) garden waste, (h) wood waste, (i) waste contaminated with lead (including lead paint waste) from residential premises or educational or child care institutions, (j) containers, having previously contained dangerous goods, from which residues have been removed by washing or vacuuming, (k) drained oil filters (mechanically crushed), rags and oil absorbent materials that only contain non-volatile petroleum hydrocarbons and do not contain free liquids, (l) drained motor oil containers that do not contain free liquids, (m) non-putrescible vegetative waste from agriculture, silviculture or horticulture, (n) building cavity dust waste removed from residential premises, or educational or child care institutions, being waste that is packaged securely to prevent dust emissions and direct contact, (o) synthetic fibre waste (from materials such as fibreglass, polyesters and other plastics) being waste that is packaged securely to prevent dust emissions, but excluding asbestos waste, (p) virgin excavated natural material, (q) building and demolition waste, (r) asphalt waste (including asphalt resulting from road construction and waterproofing works), (s) biosolids categorised as unrestricted use, or as restricted use 1, 2 or 3, in accordance with the criteria set out in the Biosolids Guidelines , (t) cured concrete waste from a batch plant, (u) fully cured and set thermosetting polymers and fibre reinforcing resins, (v) fully cured and dried residues of resins, glues, paints, coatings and inks, (w) anything that is classified as general solid waste (non-putrescible) pursuant to an EPA Gazettal notice, (x) anything that is classified as general solid waste (non-putrescible) pursuant to the Waste Classification Guidelines, (y) any mixture of anything referred to in paragraphs (a)–(x). general solid waste (putrescible) means waste (other than special waste, hazardous waste, restricted solid waste or liquid waste) that includes any of the following— (a) household waste containing putrescible organics, (b) waste from litter bins collected by or on behalf of local councils, (c) manure and nightsoil, (d) disposable nappies, incontinence pads or sanitary napkins, (e) food waste, (f) animal waste, (g) grit or screenings from sewage treatment systems that have been dewatered so that the grit or screenings do not contain free liquids, (h) anything that is classified as general solid waste (putrescible) pursuant to an EPA Gazettal notice, (i) anything that is classified as general solid waste (putrescible) pursuant to the Waste Classification Guidelines, (j) a mixture of anything referred to in paragraphs (a)–(i). hazardous waste means waste (other than special waste or liquid waste) that includes any of the following— (a) anything that is classified as— (i) a substance of Class 1, 2, 5 or 8 within the meaning of the Transport of Dangerous Goods Code , or (ii) a substance to which Division 4.1, 4.2, 4.3 or 6.1 of the Transport of Dangerous Goods Code applies, (b) containers, having previously contained— (i) a substance of Class 1, 3, 4, 5 or 8 within the meaning of the Transport of Dangerous Goods Code , or (ii) a substance to which Division 6.1 of the Transport of Dangerous Goods Code applies, from which residues have not been removed by washing or vacuuming, (c) coal tar or coal tar pitch waste (being the tarry residue from the heating, processing or burning of coal or coke) comprising more than 1% (by weight) of coal tar or coal tar pitch waste, (d) lead-acid batteries, lithium-ion batteries or nickel-cadmium batteries (being waste generated or separately collected by activities carried out for business, commercial or community services purposes), (e) lead paint waste arising otherwise than from residential premises or educational or child care institutions, (f) anything that is classified as hazardous waste pursuant to an EPA Gazettal notice, (g) anything that is classified as hazardous waste pursuant to the Waste Classification Guidelines, (h) a mixture of anything referred to in paragraphs (a)–(g). liquid waste means any waste (other than special waste) that includes any of the following— (a) anything that— (i) has an angle of repose of less than 5 degrees above horizontal, or (ii) becomes free-flowing at or below 60°C or when it is transported, or (iii) is generally not capable of being picked up by a spade or shovel, (b) anything that is classified as liquid waste pursuant to an EPA Gazettal notice. restricted solid waste means any waste (other than special waste, hazardous waste or liquid waste) that includes any of the following— (a) anything that is classified as restricted solid waste pursuant to the Waste Classification Guidelines, (b) anything that is classified as restricted solid waste pursuant to an EPA Gazettal notice. special waste means any of the following— (a) clinical and related waste, (b) asbestos waste, (c) waste tyres, (d) anything that is classified as special waste pursuant to an EPA Gazettal notice.

Regulation-making powers 1 Discharge into sewers Prohibiting or regulating the discharge of specified substances into sewers or any specified class of sewers. 2 Phosphates (1) Prohibiting or regulating the sale of products containing phosphates. (2) Regulating or reducing the pollution of waterways with phosphates. 3 Noise (1) Prohibiting or regulating the emission of noise from premises (whether or not those premises are a public place). (2) Prohibiting or regulating the making or emission of noise in public places. (3) Prohibiting the sale, use or operation of an article except in accordance with prescribed conditions relating to the emission of noise from the article when in use or operation, and in particular prohibiting the sale, use or operation of an article unless it is fitted with prescribed control equipment or noise labels. (4) Prohibiting the carrying on of any activity except in accordance with prescribed conditions relating to the emission of noise arising in the course of the carrying on of the activity. (5) Requiring, or empowering the EPA to require, the installation, maintenance, use or operation of noise barriers and control equipment. (6) The manner of installing, maintaining, using and operating noise barriers and control equipment. (7) The testing and inspection of articles, and requiring articles to be tested or inspected, for the purpose of— (a) determining whether they comply with the requirements of this Act or the regulations, and (b) without limiting paragraph (a), determining the level, nature, character or quality of the noise emitted by them or the noise that they are capable of emitting. (8) Preventing or controlling noise made by animals (including birds) at any premises, and in particular the giving of notices requiring the prevention or control of any such noise. 4 Vehicles and vessels (1) The issue of notices or giving directions setting out the conditions with which the owner of or person in charge of or having possession of, for sale or otherwise, a vehicle or vessel must comply before the vehicle or vessel may be sold, used or operated. (2) The affixing of notices or labels to vehicles or vessels. (3) The imposition of penalties for removing, obliterating or interfering with any notices or labels so affixed. (3A) The testing and inspection of vehicles or vessels, and requiring vehicles or vessels to be tested or inspected, for the purpose of determining whether they comply with the requirements of this Act or the regulations. (4) Other matters incidental to or necessary for prohibiting or regulating the sale, use or operation of vehicles or vessels that do not comply with the requirements of this Act or the regulations (including requirements with respect to the emission of excessive air impurities or excessive noise, the fitting and operation of pollution control devices or noise control equipment and the use of fuels). (5) The application to vessels of the provisions of sections 165 and 166 relating to vehicles. (6) The liability of an owner of a motor vehicle or vessel for an offence under the regulations where an offence is committed with respect to or in connection with the motor vehicle or vessel (whether or not the act or omission concerned is committed or omitted by the owner), including the circumstances in which the owner is not liable. 5 Waste (1) The operation of waste facilities, and the treatment, storage, processing, recovery, recycling, re-use or disposal of waste at waste facilities (whether or not they are required to be licensed under this Act). (2) The transportation of waste by persons (whether or not they are required to be licensed under this Act). (3) The collection, storage, creation, handling, processing, recovery, recycling, re-use and disposal of waste. (3A) The assessment and classification of waste and the provision and recording of information about waste. (4) The construction or maintenance of containers, vehicles and vessels used for the transportation of waste. (5) The provision of information relating to the operation of waste facilities or the collection, storage or transportation of waste (whether or not they are required to be licensed under this Act). (6) Prohibiting or regulating the storage, processing, recovery, recycling, re-use or disposal of any waste. (7) Excluding certain substances from the definition of waste in Schedule 6, including— (a) excluding a substance from the definition in specified circumstances, and (b) excluding a substance from the definition subject to conditions or for a specified period. (8) A regulation under subclause (7) may refer to or incorporate, with or without modification— (a) a document, prepared or published by the EPA, about technical matters relating to substances, as in force at a particular time, or (b) a document, prepared or published by an external body, about technical matters relating to substances, as in force at a particular time or from time to time. 5A Local council waste reduction and environmental sustainability scheme (1) The establishment and administration of a scheme for recycling, resource recovery and other reduction of waste by, and improving the environmental sustainability practices and services of, local councils. (2) The making of payments to local councils in accordance with the scheme from money appropriated by Parliament for that purpose. (3) Requirements that must be met by local councils to be eligible to receive payments under the scheme. 6 Open fires or incinerators The regulation or prohibition of the burning of fires in the open or in incinerators. 6A Fuel and fuel burning equipment (1) Prohibiting or regulating the sale, distribution, use, operation and maintenance of fuel burning equipment, and equipment for industrial plant, including control equipment. (2) Prohibiting or regulating the storage, sale, distribution or use of fuels or volatile organic liquids and the sale, distribution, use, operation and maintenance of fuel tanks and other equipment used in connection with the sale or distribution of fuels or volatile organic liquids. (3) Other matters incidental to or necessary for prohibiting or regulating the matters referred to in subclauses (1) and (2), including requirements with respect to the quality and composition of fuels or volatile organic liquids, the emission of excessive air impurities and the fitting and control of pollution control devices. 6B Emission of air impurities Requirements with respect to the emission of, and testing for, air impurities, including the methods for determining standards of concentration or rates of emission. 7 Fees for services The payment of fees for services provided by the EPA and other appropriate regulatory authorities (including, but not limited to, the administrative costs of services provided under this Act and the costs associated with the functions of the EPA and other appropriate regulatory authorities under this Act). 8 Licences—generally (1) The issue, transfer, conditions, variation, surrender, review, suspension or revocation of licences. (2) Applications for the issue, transfer, variation or surrender of a licence (including the amendment of such applications). (3) Any matter that may be regulated by the conditions of a licence. (4) Imposing conditions on licences and revoking or varying conditions on licences (whether or not the conditions have been imposed by the regulations). 9 Load-based, administrative and other licence fees (1) Licence fees, including the following— (a) the time at which, or the periods for or during which, fees are to be paid, (b) the types of fees, (c) the structure of fees, (d) the payment of more than one type of fee, (e) the payment of more than one annual fee, (f) the payment of a combined fee or fees for two or more licences held by the same person or different persons, (g) the basis on which a fee is to be calculated, (h) the factors to be used or taken into consideration in calculating a fee, including— (i) the activity in respect of which the licence is issued, or (ii) the kinds of pollutants discharged, (i) the provision of economic incentives to licensees to avoid or reduce harm to the environment from activities carried out by licensees, (j) without limiting section 42, 68 or 69 of the Interpretation Act 1987 , the application or adoption of standards or tests, with or without modification, and as in force as at a particular time or from time to time as specified by the regulations, to be used in fee calculations for measuring the amounts of pollutants and assessing the discharge of pollutants, (k) the constitution, as an incorporated or unincorporated body, of bodies having functions relating to the review of licence fee calculations or aspects of those calculations, (l) the determination of particular fees to be paid by particular licensees or applicants for licences, (m) the creation and retention of records and information required for the calculation of fees, (n) the provision to the appropriate regulatory authority by licensees and former licensees (including transferors of licences) of particulars relevant to the determination of a fee, (o) the certification of particulars referred to in paragraph (n) and the persons who may certify the particulars, including the approval by the appropriate regulatory authority of persons or classes of persons as certifiers, (p) the payment of fees by instalments, (q) the payment of interest on unpaid fees, including the interest rate, (r) penalties for late payment or underpayment of fees, (s) the recovery of fees by the appropriate regulatory authority, (t) the crediting of amounts held by the appropriate regulatory authority on behalf of a licensee towards the payment of a fee, (u) the refund and waiver of fees, or particular types of fees, in whole or in part, (v) discount schemes and the granting of discounts, (w) rebate schemes and the payment of rebates. (2) Prescribing different fees according to specified factors or circumstances. (3) Imposing a licence fee despite the fact that the fee may comprise a tax. (4) Authorising the appropriate regulatory authority to refuse an application for a licence or for the transfer or surrender of a licence— (a) if any fee or other amount due and payable under this Act or the regulations in relation to the application or licence is unpaid, or (b) if the applicant has previously defaulted in the payment of such a fee or other amount, or (c) if, in its opinion, the applicant is or will be unwilling or is or will be unable to pay a fee or other amount that is or may become due and payable under this Act or the regulations in relation to the application or licence. (5) Authorising the appropriate regulatory authority, if satisfied that any pollution would not be such as to warrant the payment of the fee for a licence, to remit in whole or in part the fee payable for the licence. 9A Establishment of scheme for independent certification of load-based licences (1) Requiring a person who holds a licence which requires the payment of a load-based fee to obtain independent certification of compliance with this Act, the regulation or licence conditions where the licence requires the holder of the licence to submit an annual return. (2) Prescribing a scheme for any such independent certification and in particular (but not limited to)— (a) the persons or classes of persons who may provide independent certification for the purposes of the scheme and the qualifications or experience that those persons or classes of persons are required to have, and (b) the standards or methods to be used, or other requirements in respect of, determining compliance, and (c) the information to be provided to the EPA following independent certification and the manner or form in which it is to be provided, and (d) the general nature, requirements and operation of the scheme. 9B Waste classifier accreditation scheme (1) A scheme for the accreditation of persons ( waste classifiers ) to classify or assess waste, including waste the subject of a resource recovery exemption or resource recovery order or a class of waste. (2) Without limiting subsection (1), the scheme may include provision for the following— (a) training and certification of waste classifiers, (b) fees to be paid in relation to the scheme and the waiver and refund of fees, (c) an online register for waste classifiers and reports about waste classification, (d) requirements about the classification of waste, including a requirement that waste must be classified by a waste classifier accredited under the scheme, (e) requirements for notifications and reports about waste classification, (f) information that must be provided by waste classifiers to the EPA and other persons and authorities and how the information must be provided, (g) recognition of similar accreditations in jurisdictions other than New South Wales, (h) the administration of the scheme, including the following— (i) who administers the scheme, (ii) how the scheme is administered, (iii) how long an accreditation is in force. 9C Register of rejected waste loads A register to collect and share information about rejected loads of contaminated or misclassified waste, including the following— (a) the registration details of the vehicle carrying the waste, (b) the driver of the vehicle carrying the waste, (c) the source of the waste, (d) the final place the waste was transported to for disposal. 10 Recognition of licences issued outside the State (1) Providing for the recognition (including automatic recognition) in this State of licences or other authorities issued by any other State or Territory that correspond or are similar to environment protection licences under this Act. (2) Providing for the circumstances in which any such recognised licence or other authority is taken to be an environment protection licence issued under this Act. 10A National environment protection measures Giving effect to, and enforcing compliance with, a national environment protection measure made under the National Environment Protection Council Act 1994 of the Commonwealth, section 14(1). 11 Time restrictions Prohibiting or regulating the carrying out of any activity, or the use or operation of any article, at any specified time for the purpose of preventing or limiting noise or other pollution. 12 Tests (1) Prescribing tests for determining the extent of pollution (including the level, nature, character or quality of noise or other pollutants). (2) Prescribing tests for determining whether this Act or the regulations are being complied with. (3) Providing for the admissibility in evidence in proceedings of the results of those tests (including the admissibility of certificates relating to those results as conclusive or prima facie evidence of the matters certified). 13 Aquatic activities Prohibiting or regulating swimming, boating or other aquatic activities in public areas. 14 Assistance etc to authorised officers The assistance and facilities (including means of access, and the means of making examinations, inspections and tests) to be provided by occupiers of premises to enable authorised officers to exercise their functions under this Act. 14A Qualifications, certification, competency and training The qualifications and certification, competency and training requirements for individuals or corporations carrying on activities— (a) relating to waste, or (b) referred to in Schedule 1, whether or not the activities meet a criterion or threshold in the schedule, or (c) that may pose a risk of harm to the environment or human health. 15 General (1) The prevention, control, abatement or mitigation of pollution. (2) The furnishing by a local authority to the EPA of information relating to the exercise of the local authority’s functions under this Act. (3) Requirements in relation to keeping information, records and other documents about pollution, including complaints about pollution. sch 2: Am 1999 No 31, Sch 1.37 [14]; 2001 No 56, Sch 1.14 [16]; 2001 No 58, Sch 2 [12]; 2002 No 14, Sch 2 [36]–[38]; 2005 No 96, Sch 1 [145]–[148]; 2006 No 20, Sch 1; 2006 No 58, Sch 1.24 [7] [8]; 2008 No 122, Sch 15.1 [2]; 2022 No 3, Sch 5[76]; 2024 No 10, Sch 1[18] [19]; 2024 No 20, Sch 9[78] [79]; 2025 No 1, Sch 1[5]; 2025 No 58, Sch 9[79]–[84].

(4) Other matters incidental to or necessary for prohibiting or regulating the sale, use or operation of vehicles or vessels that do not comply with the requirements of this Act or the regulations (including requirements with respect to the emission of excessive air impurities or excessive noise, the fitting and operation of pollution control devices or noise control equipment and the use of fuels).

Savings, transitional and other provisions Part 1 Preliminary 1 Definition In this Schedule— commencement of this Act means, if this Act commences on different days, the day on which the relevant provision of this Act commences. 2 Regulations (1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts— this Act Pesticides Act 1999 Protection of the Environment Operations Amendment (Littering) Act 2000 Protection of the Environment Operations Amendment (Tradeable Emission Schemes) Act 2000 Waste Avoidance and Resource Recovery Act 2001 Environment Protection Legislation Amendment Act 2002 (but only to the extent to which it amends this Act or regulations under this Act) Protection of the Environment Operations Amendment Act 2005 —to the extent it amends this Act Protection of the Environment Legislation Amendment Act 2011 —to the extent it amends this Act any other Act that amends this Act. (2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day. (3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as— (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication. Part 2 Provisions relating to protection of the environment policies 3 Application to previous impacts on environment A protection of the environment policy extends (subject to the terms of the policy) to impacts on the environment caused before the commencement of this Act. Part 3 Provisions relating to environment protection licences 4 Licences A licence issued under any Act, or provision of any Act, repealed by this Act is taken to be a licence issued under this Act, subject to the regulations under this Schedule. 5 Applications for licences or other approvals An application for or in respect of a licence or other approval under any Act, or provision of any Act, repealed by this Act is taken to be an application for or in respect of a corresponding licence or other approval under this Act, subject to the regulations under this Schedule. 6 7 Review of existing licences For the purposes of section 78, the first review under this Act of a licence that is in force on the commencement of that section is to be undertaken (subject to the regulations under this Schedule) within 3 years after that commencement. Part 4 Provisions relating to environment protection notices 8 Notices may be issued with respect to previous activities An environment protection notice may be issued— (a) in the case of a clean-up notice—for pollution incidents occurring before as well as after the commencement of this Act, or (b) in the case of a prevention notice—for activities carried on before as well as after the commencement of this Act, or (c) in the case of prohibition notices—for the emission or discharge of pollutants after the commencement of this Act. Part 5 Provisions relating to investigation 9 Authorised officers A person appointed or authorised as an authorised officer under an Act or provision of an Act repealed by this Act and holding office on that repeal is taken to be appointed as an authorised officer under this Act, subject to the regulations under this Schedule. Part 6 Provisions relating to criminal and other proceedings 10 Previous offences The regulations under this Schedule may extend Chapter 8 (with modifications, if any) to proceedings in connection with any Act or regulation repealed by this Act (in respect of offences committed against the Act or regulation before its repeal or in respect of any other matter that continues to have any force or effect). Those regulations may also make provision for the continued operation of any such repealed Act or regulation to those proceedings. In this clause, a reference to a repealed Act or regulation includes a reference to a repealed provision of an Act or regulation. Part 7 General 11 Saving of existing regulations and regulation-making powers (1) A regulation made under an Act repealed by this Act is, on that repeal, taken to be a regulation made under this Act to the extent that it may be made under this Act. (2) For the purposes of Part 3 of the Subordinate Legislation Act 1989 , any such regulation made under the Clean Waters Act 1970 or the Pollution Control Act 1970 is taken to have been published on the repeal of that Act. (3) Until the end of the period of 3 years after the repeal of any Act by this Act, regulations may be made under this Act for or with respect to any matter that could have been prescribed by regulations under that Act (but for its repeal). (4) In this clause, a reference to the repeal of an Act by this Act includes a reference to the repeal of a provision of the Waste Minimisation and Management Act 1995 by this Act. 12 Transitional arrangements pending commencement of integrated development amendments to Environmental Planning and Assessment Act 1979 (1) This clause applies only if the substitution of Part 4 of the Environmental Planning and Assessment Act 1979 (the EPA Act) by Schedule 1 to the Environmental Planning and Assessment Amendment Act 1997 has not commenced before the commencement of this Act, and so applies only until the commencement of the Schedule. (2) The consent authority under the EPA Act must forward a copy of a development application referred to in section 77 (3) of the EPA Act (and the documents that accompany the application) to the EPA, within 7 days of receiving the application, if the application is in respect of a scheduled activity. (3) The EPA is required to inform the consent authority under the EPA Act of the following within 30 days after receiving the copy of that development application— (a) advice on the environment protection issues raised by the development application, (b) advice on whether an application for an environment protection licence for the scheduled activity concerned is likely to be granted or refused. Advice referred to in paragraph (b) need not be given if the EPA has insufficient information or time available to provide that advice. (4) The consent authority is required to take any such advice into consideration when determining the development application concerned. (5) The consent authority under the EPA Act must, at the time referred to in section 87 of that Act, also forward copies of the submissions referred to in that section to the EPA if the application for development consent is in respect of a scheduled activity. 13 Existing notices, exemptions etc A notice, direction, order, requirement or exemption given, issued or made under an Act, or a provision of an Act, repealed by this Act and in force on that repeal continues to have effect to the extent provided by the regulations under this Schedule. 14 General saving Any thing done under an Act or a provision of an Act repealed by this Act that has any force or effect immediately before its repeal is taken to have been done under the corresponding provision of this Act, subject to any express or implied provision to the contrary in this Act or the regulations made under this Act. Part 8 Provisions consequent on enactment of Protection of the Environment Operations Amendment (Littering) Act 2000 15 EPA ceasing to be appropriate regulatory authority in relation to certain premises (1) A notice, direction or requirement that— (a) was made, issued or given under this Act by the EPA in its capacity as appropriate regulatory authority because of section 6 (2) (c) as in force before the commencement of the amendment to section 6 (2) made by the Protection of the Environment Operations Amendment (Littering) Act 2000 (or by an authorised officer of the EPA), and (b) was made, issued or given under this Act before that commencement, and (c) is in force on that commencement, and (d) is not excluded from the operation of this clause by the regulations, continues to have effect for the purposes of this Act. (2) Any such notice, direction or requirement may be dealt with and enforced in accordance with this Act as in force before that commencement, as if the EPA were still the appropriate regulatory authority. (3) A compliance cost notice may be given, dealt with and enforced after that commencement in connection with any such notice, direction or requirement, as if the EPA were still the appropriate regulatory authority. 16 Local authority as appropriate regulatory authority in relation to certain premises (1) A notice, direction or requirement that— (a) purported to have been made, issued or given under this Act by a local authority as appropriate regulatory authority before the commencement of the amendment to section 6 (2) made by the Protection of the Environment Operations Amendment (Littering) Act 2000 (or by an authorised officer of the local authority), and (b) was not validly made, issued or given, but would have been validly made, issued or given had that amendment been in force when it purported to have been made, issued or given, and (c) is not excluded from the operation of this clause by the regulations, is taken to have been validly made, issued or given under this Act at the time at which it purported to have been made, issued or given and to be valid at all relevant times since. (2) Any such notice, direction or requirement may be dealt with and enforced in accordance with this Act, as if the local authority had always been the appropriate regulatory authority. (3) A compliance cost notice may be given, dealt with and enforced after that commencement in connection with any such notice, direction or requirement, as if the local authority had always been the appropriate regulatory authority. (4) Any proceedings purporting to be instituted by a local authority (or by an officer or employee of the local authority) before the commencement of the amendments to sections 6 (2) and 218 (6) made by the Protection of the Environment Operations Amendment (Littering) Act 2000 for an offence committed in relation to premises occupied by the State or by a public authority are taken to have been validly instituted. Part 9 Provisions consequent on enactment of Protection of the Environment Operations Amendment (Tradeable Emission Schemes) Act 2000 17 Compensation provisions Section 293 (6) continues to apply in respect of any loss incurred before the repeal of that subsection by the Protection of the Environment Operations Amendment (Tradeable Emission Schemes) Act 2000 , as if that subsection had not been repealed by that Act. Part 10 Provisions consequent on enactment of Environment Protection Legislation Amendment Act 2002 18 Definition In this Part— 2002 amending Act means the Environment Protection Legislation Amendment Act 2002 . 19 Pollution incidents (1) Section 66 (2A), as inserted by the 2002 amending Act, applies to information provided under a licence condition before its commencement. (2) A licence condition of a kind referred to in section 66 (2A), as inserted by the 2002 amending Act, being a condition imposed before the commencement of section 66 (2A), is, for the purposes of section 66, taken to have been imposed under section 66 (2A). 20 Applications to surrender licences Section 80, and the definition of licence application in the Dictionary, as amended by the 2002 amending Act, do not apply to or in respect of any application for the approval of the surrender of a licence made before the commencement of this clause. 21 Identification cards for enforcement officers (1) Section 189, as amended by the 2002 amending Act, does not apply to an enforcement officer or the authority that appointed the enforcement officer for a period of 6 months commencing on the commencement of the amendment. (2) It is sufficient compliance with section 189 (2), as amended by the 2002 amending Act, if an enforcement officer (acting in the capacity of an enforcement officer) who was, immediately before the commencement of the amendment of that section by the 2002 amending Act, an authorised officer produces the person’s identification card as an authorised officer. 22 Mistaken exercise of power Sections 212C and 212D, as inserted by the 2002 amending Act, apply to or in respect of a function exercised by an authority or an authorised officer before those sections commenced except where the exercise of the function relates to an offence for which proceedings commenced before that commencement. 23 Proceedings with leave of Land and Environment Court The provisions of section 219 (1A) and (1B), as inserted by the 2002 amending Act, do not apply to or in respect of an offence arising out of an act or omission that occurred before the commencement of those provisions if proceedings for the offence are commenced before that commencement. 24 Continuing offences Section 242, as inserted by the 2002 amending Act, applies to or in respect of an offence arising out of a contravention of a requirement made before the commencement of that section if proceedings for the offence are commenced on or after that commencement. 25 Appeals The provisions of section 287 (3)–(6), as inserted by the 2002 amending Act, do not apply to or in respect of licence applications made before the commencement of those provisions. 26 Notices given by authorities Section 319A, as inserted by the 2002 amending Act, does not apply to or in respect of a notice issued before the commencement of that section. Part 11 Provisions consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2004 27 Surrender of licences Fees relating to any surrendered licence (including a licence that was surrendered before the repeal of section 80 (3) by the Statute Law (Miscellaneous Provisions) Act 2004 ) may be refunded or waived in accordance with this Act and the regulations. Part 12 Provisions consequent on enactment of Protection of the Environment Operations Amendment Act 2005 28 Definition In this Part— amending Act means the Protection of the Environment Operations Amendment Act 2005 . 29 Review of licences (1) This clause applies to licences in force at the commencement of the amendment to section 78 (1) by the amending Act, being licences that had been reviewed under that section before that commencement. (2) A licence is to be reviewed under section 78 not later than 5 years after the date of the last review before that commencement and, after that, at intervals not exceeding 5 years after each review. 30 Appeals Sections 84 (2), 86 (2), 99 (1), 267 (1) and 271 (1), as substituted by the amending Act, and sections 86 (2A), 287 (1A), 288 (2), 289 (1A) and 290 (1A), as inserted by the amending Act, apply only to appeals in respect of which a decision was made, a notice was issued or an order was made after the commencement of those subsections. 31 Recovery of costs (1) Section 107 (8), as inserted by the amending Act, applies only where a compliance cost notice is issued after the commencement of that subsection (whether or not the compliance cost notice relates to costs and expenses incurred before that commencement). (2) Section 237A, as inserted by the amending Act, applies only where the restraining order to which the charge relates was made after the commencement of that section (whether or not the restraining order relates to proceedings commenced before that commencement). (3) Section 237B, as inserted by the amending Act, applies only where the restraining order to which the caveat relates was made after the commencement of that section (whether or not the restraining order relates to proceedings commenced before that commencement). (4) Sections 267A and 267B, as inserted by the amending Act, apply only where the noise control notice is issued after the commencement of those sections. 32 Proceedings instituted by agents Any proceedings instituted under section 217 or 218 by an agent of, or a person appointed by, an appropriate regulatory authority or any other authority or person before the commencement of section 218A are as valid as they would have been if instituted after that commencement. 33 Continuing licence conditions Section 319A, as amended by the amending Act, extends to conditions of a licence in force on the commencement of the amendments. 34 Existing licence conditions Section 323 (5A), as inserted by the amending Act, extends to a condition that was attached to a licence before the commencement of that subsection. Part 13 Provisions consequent on enactment of Protection of the Environment Legislation Amendment Act 2011 35 Obligation to publish results of monitoring (1) Subject to subclause (2), the obligation under section 66 (6) to publish results of monitoring does not apply to any monitoring conducted before the commencement of that subsection. (2) A person who held an environment protection licence immediately before the commencement of section 66 (6) does not commit an offence under that subsection during the first 3 months after that commencement. 36 Duties to prepare and implement pollution incident response management plans A person who held an environment protection licence immediately before the commencement of Part 5.7A does not commit an offence under that Part during the first 6 months after that commencement. 37 Obligation to include matter on register The obligation to include matter on the public register— (a) created by section 308 (2) (d1) applies only to mandatory environmental audits undertaken after the commencement of that paragraph, and (b) created by section 308 (2) (d2) applies only to pollution studies undertaken after the commencement of that paragraph, and (c) created by section 308 (2) (d3) applies only to pollution reduction programs undertaken after the commencement of that paragraph, and (d) created by section 308 (2) (j1) applies only to penalty notices issued after the commencement of that paragraph. Part 14 Provisions consequent on enactment of Protection of the Environment Legislation Amendment Act 2014 38 Definition In this Part— amending Act means the Protection of the Environment Legislation Amendment Act 2014 . 39 Orders for restorative justice (1) Section 250, as amended by the amending Act, extends to proceedings that were initiated, but not determined, before the commencement of the amendment to that section. (2) Proceedings are not determined for the purposes of subclause (1) even if all that remains to be completed is the sentencing of an offender. 40 Stay of decisions on appeal Section 287 (1A), as in force before its substitution by the amending Act, continues to apply to appeals lodged before that substitution. Part 15 Provisions consequent on enactment of Protection of the Environment Legislation Miscellaneous Amendments Act 2017 41 Definition In this Part— amending Act means the Protection of the Environment Legislation Miscellaneous Amendments Act 2017 . 42 Licences to transport trackable waste (1) A licence to transport trackable waste that was issued before the commencement of Part 3.6A of this Act, as inserted by the amending Act, expires— (a) if both a licence to transport trackable waste and a dangerous goods vehicle licence are in force in respect of the same motor vehicle— (i) at the end of the licence fee period that comes to an end immediately following the commencement of Part 3.6A, or (ii) on the date specified in the dangerous goods vehicle licence, whichever is the later, or (b) in all other cases—at the end of the licence fee period that comes to an end immediately following the commencement of Part 3.6A. (2) In this clause— dangerous goods vehicle licence means a licence for a road vehicle to transport dangerous goods issued under Division 4 of Part 18 of the Dangerous Goods (Road and Rail Transport) Regulation 2014 . licence fee period means each period of 12 months commencing from the issue of a licence to transport trackable waste. licence to transport trackable waste means a licence to carry out any scheduled activity that involves the transportation of trackable waste. 43 Putrescible waste landfill sites—supervisory licences A supervisory licence held under section 87 immediately before the repeal of that section by the amending Act ceases to be in force on the repeal of that section. 44 Time limits for prosecutions The amendment to section 216 (6) by the amending Act extends to offences under section 120 or 144AB that are alleged to have been committed before the date of commencement of the amendment, but only if proceedings for the offence could have been commenced on that date. Part 16 Provisions consequent on enactment of Statute Law (Miscellaneous Provisions) Act (No 2) 2017 45 Time limits for prosecutions The amendment to section 216 (6) by the Statute Law (Miscellaneous Provisions) Act (No 2) 2017 extends to offences arising under section 169A or 169B that are alleged to have been committed before the date of commencement of the amendment, but only if proceedings for the offence could have been commenced on that date. Part 17 Provisions consequent on enactment of Forestry Legislation Amendment Act 2018 46 Revocation of licences for logging operations Any licence under this Act authorising the carrying out of an activity referred to in clause 24 of Schedule 1 to this Act and in force immediately before the repeal of that clause by the Forestry Legislation Amendment Act 2018 is, on that repeal, revoked. 47 Continuation of environment protection notices relating to logging operations The repeal of clause 24 of Schedule 1 to this Act by the Forestry Legislation Amendment Act 2018 does not affect the continued operation of an environment protection notice in force on that repeal and that was issued in connection with the carrying out of an activity referred to in that clause. Part 18 Provision consequent on enactment of Environment Legislation Amendment Act 2022 48 Definition In this Part— amended , in relation to a provision, means the provision as in force on and from the date this clause commences. 49 Extended powers to issue clean-up notices (1) Amended section 91 extends to pollution incidents that occurred, or were occurring, before the date this clause commences. (2) A reference in section 91A(1) to a previous clean-up notice extends to a clean-up notice given before the date this clause commences. 50 Extended powers to issue prevention notices A reference in section 96A(1) to a previous prevention notice extends to a prevention notice given before the date this clause commences. 51 Extended powers to issue prohibition notices (1) Amended section 101 extends to activities in relation to which the EPA has, before the date this clause commences, recommended to the Minister that notice be given under section 101. (2) A reference in section 101A(1) to a prohibition notice extends to a prohibition notice given before the date this clause commences. 52 Court orders in connection with offences Amended section 230 extends to proceedings commenced, but not finally determined, before the date this clause commences. Part 19 Provisions consequent on enactment of Environmental Legislation Amendment (Hazardous Chemicals) Act 2024 53 Definitions In this part— environmentally hazardous chemical licence means a licence within the meaning of the Environmentally Hazardous Chemicals Act 1985 , as in force immediately before its repeal. repealed Act means the Environmentally Hazardous Chemicals Act 1985 . 54 Continuation of chemical control orders and declarations of chemical waste (1) The repeal of the repealed Act does not affect the continued operation of a chemical control order. (2) On the repeal of the repealed Act, each declared chemical waste is taken to be an environmentally hazardous chemical under this Act. (3) In this clause— chemical control order means an order in force under the repealed Act, section 22 or 23, immediately before its repeal. declared chemical waste means a substance the subject of an order in force under the repealed Act, section 10, immediately before its repeal. 55 Determination of pending applications relating to environmentally hazardous chemical licences (1) An application for an environmentally hazardous chemical licence made under the repealed Act, but not yet determined on the commencement of this clause, must be determined as if it were an application for an environment protection licence under section 53. (2) An application for the transfer of an environmentally hazardous chemical licence made under the repealed Act, but not yet determined on the commencement of this clause, must be determined as if it were an application for the transfer of an environment protection licence under section 54. (3) A fee paid in relation to an application referred to in subsections (1) and (2) is taken to be a fee paid in relation to the application under this Act. 56 Conversion of environmentally hazardous chemical licences (1) An environmentally hazardous chemical licence in force immediately before the repeal of the repealed Act is taken to be an environment protection licence issued under this Act (a converted licence ). (2) A converted licence is subject to the same conditions, and authorises the same activities, as the environmentally hazardous chemical licence. (3) The appropriate regulatory authority may reissue a converted licence to vary the conditions of the licence in accordance with section 58. (4) A converted licence remains in force, unless sooner surrendered, suspended or revoked, until the end of the period that the environmentally hazardous chemical licence would have remained in force if the licence had not been converted under this clause. (5) The holder of a converted licence does not commit an offence under section 153A if, no later than 3 months after the commencement of this clause, the holder prepares a pollution incident response management plan that complies with Part 5.7A in relation to the activity to which the licence relates. (6) Section 57 does not apply to a converted licence. 57 Determination of pending applications for technology assessments (1) An application for an assessment of technology made under the repealed Act, but not yet determined on the commencement of this clause, must be determined as if it were an application for an assessment of technology under section 296N. (2) A fee paid in relation to an application referred to in subsection (1) is taken to be a fee paid in relation to the application under this Act. Part 20 Provisions consequent on enactment of Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Act 2024 58 Definition In this part— amendment Act means the Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Act 2024 . 59 Suspension or revocation of licence Section 79, as amended by the amendment Act, applies in relation to a contravention of this Act or the regulations that occurred before the commencement of the amendment Act, Schedule 9[11]. 60 Preliminary investigation notices Part 4.1A, as inserted by the amendment Act, applies in relation to circumstances or a pollution incident that occurred before the commencement of the amendment Act, Schedule 9[14] in the same way as if the circumstances or pollution incident occurred on or after the commencement of the item. 61 Recall notices Part 4.2A, as inserted by the amendment Act, applies in relation to a ground mentioned in section 94B that occurred before the commencement of the amendment Act, Schedule 9[18] in the same way as if the ground occurred on or after the commencement of the item. 62 Variation of notices Sections 110(2) and 212A(2), as substituted by the amendment Act, apply to a notice issued before the commencement of the amendment Act, Schedule 9[21] and [51] and in force immediately before the commencement of the items. 63 Tests, environmental monitoring and reports Section 113, as amended by the amendment Act, applies to a test, environmental monitoring or a report lodged with an appropriate regulatory authority in the same way as if the test, monitoring or report were lodged on or after the commencement of the amendment Act, Schedule 9[25] and [26]. 64 Illegal dumping Part 5.6AA, as inserted by the amendment Act, applies in relation to litter or waste deposited before the commencement of the amendment Act, Schedule 9[40] in the same way as if the litter or waste were deposited on or after the commencement of the item. 65 Littering dangerous material Section 145A, as substituted by the amendment Act, applies in relation to litter deposited before the commencement of the amendment Act, Schedule 9[42] in the same way as if the litter were deposited on or after the commencement of the item. 66 Receiving monetary benefits Section 167B, as amended by the amendment Act, applies to proceedings commenced but not finally determined before the commencement of the amendment Act, Schedule 9[45]. 67 Protected documents (1) Previous sections 181–183 continue to apply to documents referred to in section 181 in relation to proceedings commenced but not finally determined before the commencement of the amendment Act, Schedule 9[47]. (2) Previous sections 181–183 do not apply to documents prepared before the commencement of the item in relation to proceedings commenced on or after the commencement of the item. (3) In this clause— previous sections 181–183 means sections 181–183 as in force immediately before the repeal of the sections by the amendment Act. 68 Powers of authorised officers (1) This clause applies if, on or after the commencement of the amendment Act, Schedule 9[49], an authorised officer lawfully enters premises under section 198(1). (2) The power of the authorised officer to seize a thing, in accordance with section 198(2)(h) as substituted by the amendment Act, extends to a thing— (a) connected with an offence alleged to have been committed before the commencement of the amendment Act, Schedule 9[49], or (b) that may present a risk of harm that arose before the commencement of the item. 69 Jurisdictional limits for proceedings in Local Court Section 215, as amended by the amendment Act, applies to proceedings commenced but not finally determined before the commencement of the amendment Act, Schedule 9[52]. 70 Multiple contraventions Section 216A, as inserted by the amendment Act, extends to contraventions arising out of circumstances that occurred, or the carrying out of an activity, before the commencement of the amendment Act, Schedule 9[53] if proceedings in relation to the contraventions had not commenced before the commencement of the item. 71 Court orders Sections 249, 250A, 251A(4) and (4A) and 253B, as amended, inserted or substituted by the amendment Act, apply to proceedings commenced but not finally determined before the commencement of the amendment Act, Schedule 9[57]–[61]. 72 Evidence of analysts Sections 262 and 262A, as substituted or inserted by the amendment Act, apply to proceedings commenced but not finally determined before the commencement of the amendment Act, Schedule 9[66]. 73 Resource recovery orders (1) This clause applies to a resource recovery order issued under a regulation under this Act before the commencement of the amendment Act, Schedule 9[84]. (2) The resource recovery order is, from the commencement of the item, taken to be a resource recovery order issued under section 286A. (3) Without limiting subclause (2), a reference in the following to a resource recovery order made under a regulation under this Act is taken, from the commencement of the item, to be a reference to a resource recovery order issued under section 286A— (a) environment protection legislation, (b) another Act or regulation or an instrument under another Act or regulation, (c) the NSW Energy from Waste Policy Statement dated June 2021 and published in the Gazette on 8 July 2022, (d) the Eligible Waste Fuels Guidelines dated June 2022 and published in the Gazette on 8 July 2022. 74 Resource recovery exemptions (1) This clause applies to an exemption by, or provided for in, regulations made under section 286 from provisions of this Act or the regulations in relation to an activity, or class of activities, relating to waste that was in force immediately before the commencement of the amendment Act, Schedule 9[84]. (2) The exemption is, from the commencement of the item, taken to be a resource recovery exemption within the meaning of Schedule 6. 75 Information and records under resource recovery exemption or order Sections 286B and 286C, as inserted by the amendment Act, extend to— (a) a resource recovery exemption or order in force immediately before the commencement of the amendment Act, Schedule 9[68], and (b) information or records in existence before the commencement of the item. 76 Public warning statements Section 319B, as inserted by the amendment Act, applies in relation to conduct that occurred before the commencement of the amendment Act, Schedule 9[69] in the same way as if the conduct occurred on or after the commencement of the item. Part 21 Provisions consequent on enactment of Protection of the Environment Legislation Amendment (FOGO Recycling) Act 2025 77 Collection and transportation of FOGO waste—household mandate A local council is not required to comply with section 170E, and an offence is not committed against section 170E for a failure to comply with the section, before 1 July 2030. 78 Collection and transportation of food organics waste from relevant premises—business mandate (1) An occupier of relevant premises, other than residential accommodation, is not required to comply with section 170F, and does not commit an offence against section 170F for a failure to comply with the section, before— (a) 1 July 2026, if the weekly residual waste bin capacity for the relevant premises is equal to or more than— (i) 6 x 660L bins, or (ii) 16 x 240L bins, or (iii) 3,960L for any other combination of bins, or (b) 1 July 2028, if the weekly residual waste bin capacity for the relevant premises is equal to or more than— (i) 3 x 660L bins, or (ii) 8 x 240L bins, or (iii) 1,980L for any other combination of bins, or (c) 1 July 2030, if the weekly residual waste bin capacity for the relevant premises is equal to or more than— (i) 1 x 660L bin, or (ii) 3 x 240L bins, or (iii) 720L for any other combination of bins. (2) An occupier of relevant premises that are residential accommodation is not required to comply with section 170F, and does not commit an offence against section 170F for a failure to comply with the section, before 1 July 2030 if the weekly residual waste bin capacity for the relevant premises is equal to or more than— (a) 1 x 660L bin, or (b) 3 x 240L bins, or (c) 720L for any other combination of bins. (3) In this clause— residential accommodation has the same meaning as in the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006 but does not include seniors housing. 79 Food donation reporting requirements An operator of a large supermarket is not required to comply with section 170H, and does not commit an offence against section 170H for a failure to comply with the section, before 1 July 2026. Part 22 Provision consequent on enactment of Local Court and Bail Legislation Amendment Act 2025 80 Bail decisions made by court officer continue in force (1) A decision made under section 204 by a court officer about bail that is in force immediately before the commencement continues in force as if the amendment Act had not commenced. (2) In this clause— amendment Act means the Local Court and Bail Legislation Amendment Act 2025 . commencement means the commencement of the amendment Act, Schedule 3. Part 23 Provisions consequent on enactment of Environmental Legislation Amendment Act 2025 81 Definition In this part— amendment Act means the Environmental Legislation Amendment Act 2025 . 83 Recovery of costs The amendments made by the amendment Act, Schedule 9[28], [29], [34]–[38], [55] and [56] extend to costs incurred by the EPA or a local council before the commencement of the items. 84 Ancillary directions Section 91AA, as inserted by the amendment Act, Schedule 9[31], extends to a clean-up notice given to a person before the commencement of the item. 85 Oral clean-up notices Section 93(3), as amended by the amendment Act, Schedule 9[32], extends to a pollution incident that occurred before the commencement of the item. 86 Registration of certain notices Section 108B, as inserted by the amendment Act, Schedule 9[40], extends to clean-up notices and prevention notices in force immediately before the commencement of the item. 88 Repeat waste offenders Section 144AB(1)(aaaa), as inserted by the amendment Act, Schedule 9[43], extends to offences committed before the commencement of the item. 89 Application of Chapter 8 Section 213(2A), as inserted by the amendment Act, Schedule 9[50], applies only in relation to proceedings commenced after the commencement of the item. 90 Multiple contraventions Section 216A, as amended by the amendment Act, Schedule 9[51] and [52], extends to proceedings commenced but not finally determined before the commencement of the items. 91 Matters to be considered in imposing penalties Section 241(1)(e1) and (e2) and (3), as inserted by the amendment Act, Schedule 9[53] and [54], extend to proceedings commenced but not finally determined before the commencement of the items. 92 Noise abatement directions Section 276, as amended by the amendment Act, Schedule 9[57], extends to offensive noise emitted from premises in the 10 days immediately before the commencement of the item. 93 Contravention of noise abatement directions The amendment of section 277 by the amendment Act, Schedule 9[58] does not apply to a noise abatement direction issued before the commencement of the item. 94 Risk analysis Section 295ZB, as amended by the amendment Act, Schedule 9[60], extends to a risk analysis undertaken on or after the commencement of the item, whether the pollution incident occurred before or after the commencement. 95 Waste storage The amendments made to Schedule 1, clause 42 and the Protection of the Environment Operations (General) Regulation 2022 , section 133 by the amendment Act apply only to waste storage on and from the commencement of the amendments. sch 5: Am 1998 No 54, Sch 1.14 [4]; 1999 No 31, Sch 1.37 [16]; 1999 No 80, Sch 3.6 [11]; 2000 No 20, Sch 1 [17] [18]; 2000 No 91, Sch 1 [9] [10]; 2001 No 58, Sch 2 [13]; 2002 No 14, Sch 2 [39] [40]; 2004 No 55, Sch 1.20 [5]; 2005 No 96, Sch 1 [149]–[151]; 2006 No 120, Sch 1.22 [6]; 2011 No 63, Sch 2 [22] [23]; 2013 No 60, Sch 1 [9]; 2014 No 65, Sch 2.1 [13]; 2017 No 21, Sch 3 [16]; 2017 No 63, Sch 1.15 [2]; 2018 No 40, Sch 3.11 [3]; 2022 No 3, Sch 5[80]; 2024 No 10, Sch 1[20]; 2024 No 20, Sch 9[80]; 2025 No 1, Sch 1[6]; 2025 No 58, Sch 9[85]; 2025 No 61, Sch 3.12[3].

Dictionary sch 6, hdg (previously Dictionary, heading): Subst 2024 No 20, Sch 9[81]. Note. The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. In this Act— activity means an industrial, agricultural or commercial activity or an activity of any other nature whatever (including the keeping of a substance or an animal). air impurity includes smoke, dust (including fly ash), cinders, solid particles of any kind, gases, fumes, mists, odours and radioactive substances. air pollution means the emission into the air of any air impurity. aircraft includes a remotely piloted aircraft, an unmanned aircraft system or a drone. appropriate regulatory authority —see section 6. asbestos has the same meaning as it has in Schedule 1. asbestos waste has the same meaning as it has in Schedule 1. authorised officer means a person appointed under Part 7.2 by an appropriate regulatory authority. authorised officer , for Chapter 5, Part 5.6AA—see section 144AD. CEO means the Chief Executive Officer within the meaning of the Protection of the Environment Administration Act 1991 . Chairperson means the Chairperson within the meaning of the Protection of the Environment Administration Act 1991 . chemical control order has the same meaning as in section 296I(1). chemical use notice has the same meaning as in section 296F(1). clean-up action — (a) in relation to a pollution incident—includes— (i) action to prevent, minimise, remove, disperse, destroy or mitigate pollution resulting or likely to result from the pollution incident, and (ii) ascertaining the nature and extent of the pollution incident and the actual or likely resulting pollution, and (iii) preparing and carrying out a remedial plan of action to deal with the pollution incident, and (iv) actions required to restore the environment to a state that is as close as possible to the state the environment was in immediately before the pollution incident, and (v) carrying out— (A) specified tests or environmental monitoring, and (B) action to facilitate testing by the appropriate regulatory authority, and (vi) giving the appropriate regulatory authority a specified test, monitoring or a report, and (b) also includes action to remove or store the following— (i) waste disposed of on land unlawfully, (ii) chemicals, (iii) products or articles containing chemicals. Commonwealth register , for Part 9.3E, Division 1—see section 296. control equipment means any apparatus or device used or designed— (a) to prevent, limit or regulate pollution (including any emission of noise), or (b) to monitor or to give warning of pollution (including any emission of noise), or (c) to give warning of any emission, leak, spill or other escape of substances causing pollution, and includes any apparatus or device that, though not so used, is or would, if properly maintained and operated, be capable (without modification) of being so used, but does not include any apparatus or device prescribed as excluded from this definition. An apparatus or device can be control equipment whether or not it is used for additional purposes or designed for other or additional purposes. depositing litter , for Chapter 5, Part 5.6AA—see section 144AD. ecologically sustainable development has the same meaning as in section 6 (2) of the Protection of the Environment Administration Act 1991 . enforcement officer —see section 226. environment means components of the earth, including— (a) land, air and water, and (b) any layer of the atmosphere, and (c) any organic or inorganic matter and any living organism, and (d) human-made or modified structures and areas, and includes interacting natural ecosystems that include components referred to in paragraphs (a)–(c). Note. This definition follows that in the Protection of the Environment Administration Act 1991 . environment protection legislation has the same meaning as in the Protection of the Environment Administration Act 1991 . environment protection licence means a licence authorising the carrying out of scheduled development work or scheduled activities or controlling the pollution of water arising from non-scheduled activities, being a licence issued under Chapter 3 and in force. environment protection notice means a clean-up notice, prevention notice or prohibition notice issued under Chapter 4 and in force. environmental audit —see section 172. environmental planning instrument means an environmental planning instrument within the meaning of the Environmental Planning and Assessment Act 1979 . environmental values of water means the environmental values of water specified in the Australian and New Zealand Guidelines for Fresh and Marine Water Quality 2018 , published by the Australian and New Zealand Governments and State and Territory Governments, as in force from time to time. environmentally hazardous chemical means a chemical the subject of a chemical control order. EPA means the Environment Protection Authority constituted by the Protection of the Environment Administration Act 1991 . exercise a function includes perform a duty. function includes a power, authority or duty. green offset scheme —see section 295O. green offset works —see section 295P. Green Offsets Fund means the Fund established under section 295U. harm to the environment includes any direct or indirect alteration of the environment that has the effect of degrading the environment and, without limiting the generality of the above, includes any act or omission that results in pollution. illegal dumping offence , for Chapter 5, Part 5.6AA—see section 144AE(2). industrial chemical , for Part 9.3E, Division 1—see section 296. Intergovernmental Agreement on the Environment means the agreement made on 1 May 1992 between the Commonwealth, the States, the Australian Capital Territory, the Northern Territory and the Australian Local Government Association (a copy of which is set out in the Schedule to the National Environment Protection Council (New South Wales) Act 1995 ). land pollution — (a) means placing in or on, or otherwise introducing into or onto, land, whether through an act or omission, matter, whether solid, liquid or gaseous, that— (i) causes or is likely to cause— (A) degradation of the land, resulting in actual or potential harm to the health or safety or human beings, animals or other terrestrial life or ecosystems that is not trivial, or (B) actual or potential loss or property damage that is not trivial, or (ii) is of a prescribed nature, description or class, or (iii) does not comply with a standard prescribed about the matter, and (b) includes matter placed in or on, or otherwise introduced into or onto, a building, chattel or fixture on, below or above land, but Example of matter placed in a chattel on land— matter placed in a shipping container on the land (c) does not include placing in or on, or otherwise introducing into or onto, land, or a building, chattel or fixture on, below or above land, a substance excluded from this definition by the regulations. licence means an environment protection licence. licence application means an application for the issue, transfer, variation or surrender of a licence. litter , for Chapter 5, Part 5.6AA—see section 144AD. local authority means— (a) a local council (being the council of an area under the Local Government Act 1993 ), or (b) the Lord Howe Island Board in relation to Lord Howe Island, or (c) the Environment Protection Authority in relation to the Western Division, except any part of the Western Division within the area of a local council, or (d) an authority prescribed by the regulations for the purposes of this paragraph for any place not covered above, or (e) an authority prescribed instead by the regulations for the purposes of this paragraph for any place wholly or partly covered above. manufacture , for Part 9.3E, Division 1—see section 296. marine authority means the Minister administering the Ports and Maritime Administration Act 1995 or Transport for NSW. marine park has the same meaning as it has in the Marine Estate Management Act 2014 . monetary benefits means monetary, financial or economic benefits. motor vehicle has the same meaning as it has in the Road Transport Act 2013 . national environment protection measure means a national environment protection measure made under the National Environment Protection Council (New South Wales) Act 1995 and in force. navigable waters means all waters that are from time to time capable of navigation and are open to or used by the public for navigation, whether on payment of a fee or otherwise, but does not include flood waters that have temporarily flowed over the established bank of a watercourse. noise includes sound and vibration. noise pollution means the emission of offensive noise. non-scheduled activity means an activity that is not a scheduled activity and is not scheduled development work. NSW IChEMS register has the same meaning as in section 296A(1). occupier of premises means the person who has the management or control of the premises. offensive noise means noise— (a) that, by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances— (i) is harmful to (or is likely to be harmful to) a person who is outside the premises from which it is emitted, or (ii) interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or repose of a person who is outside the premises from which it is emitted, or (b) that is of a level, nature, character or quality prescribed by the regulations or that is made at a time, or in other circumstances, prescribed by the regulations. offensive odour means an odour— (a) that, by reason of its strength, nature, duration, character or quality, or the time at which it is emitted, or any other circumstances— (i) is harmful to (or is likely to be harmful to) a person who is outside the premises from which it is emitted, or (ii) interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or repose of a person who is outside the premises from which it is emitted, or (b) that is of a strength, nature, duration, character or quality prescribed by the regulations or that is emitted at a time, or in other circumstances, prescribed by the regulations. open fire or fire in the open means any fire in which the products of combustion are not directed to the open air by a stack or chimney. open private place , for Chapter 5, Part 5.6AA—see section 144AD. owner of a motor vehicle includes the responsible person for the vehicle within the meaning of the Road Transport Act 2013 . owner of waste or other substances does not include (in any provision under which a person commits an offence in the capacity of owner) a financial institution that is acting solely as a holder of a security interest in the waste or other substances. In that case, the person who has control of the waste or other substances is taken to be the owner. penalty notice —see section 224. plant means any plant, equipment, apparatus, device, machine or mechanism, and includes any vessel, dredge, unit of rolling stock or crane, but does not include a motor vehicle. pollution means— (a) water pollution, or (b) air pollution, or (c) noise pollution, or (d) land pollution. pollution incident means an incident or set of circumstances during or as a consequence of which there is or is likely to be a leak, spill or other escape or deposit of a substance, as a result of which pollution has occurred, is occurring or is likely to occur. It includes an incident or set of circumstances in which a substance has been placed or disposed of on premises, but it does not include an incident or set of circumstances involving only the emission of any noise. pollution of land has the same meaning as land pollution . preliminary investigation compliance notice , for Chapter 4, Part 4.1A—see section 90G(1). preliminary investigation notice , for Chapter 4, Part 4.1A—see section 90B(2). premises includes— (a) a building or structure, or (b) land or a place (whether enclosed or built on or not), or (c) a mobile plant, vehicle, vessel or aircraft. private place means any premises that are not a public place. protection of the environment policy means a protection of the environment policy made by the Governor under Chapter 2 and in force. public authority means a public or local authority constituted by or under an Act, and includes— (a) a government department, or (b) a statutory body representing the Crown, a State owned corporation or a local council, or (c) a member of staff or other person who exercises functions on behalf of a public authority. public place includes— (a) a public place within the meaning of the Local Government Act 1993 , and (b) a State forest or flora reserve within the meaning of the Forestry Act 2012 , and (c) a national park, state conservation area, historic site, nature reserve, karst conservation reserve, regional park or Aboriginal area within the meaning of the National Parks and Wildlife Act 1974 , and (d) a place that is open to the public, or is used by the public, whether or not on payment of money or other consideration, whether or not the place is ordinarily so open or used, and whether or not the public to whom the place is so open, or by whom the place is so used, consists only of a limited class of persons. recall cost notice , for Chapter 4, Part 4.2A—see section 94M(1). recall notice , for Chapter 4, Part 4.2A—see section 94B. records includes plans, specifications, maps, reports, books and other documents (whether in writing, in electronic form or otherwise). regulatory authority means the EPA, a local authority or a public authority prescribed for the purposes of section 6 (3). related body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth. related entity has the same meaning as in the Corporations Act 2001 of the Commonwealth. relevant circumstances , for Chapter 4, Part 4.1A—see section 90B(1). remediation work means work for the remediation, rehabilitation or monitoring of any premises which are or have been the subject of an environment protection licence, being work that is required to be carried out by or under this Act— (a) while the premises are being used for the purposes to which the licence relates, or (b) after the premises cease being used for the purpose to which the licence relates, or both. resource recovery exemption means an exemption— (a) by, or provided for in, regulations made under section 286 from provisions of this Act or the regulations in relation to an activity, or class of activities, relating to waste, and (b) in relation to which the regulations expressly state that a resource recovery order is, or may be, made in relation to the exemption. resource recovery order means an order made under section 286A. restorative justice activity —see section 250 (1A). scheduled activity means an activity listed in Schedule 1. scheduled development work —see section 47. sell includes— (a) sell by wholesale, retail, auction or tender, and (b) barter or exchange, and (c) supply for profit, and (d) offer for sale, receive for sale, have in possession for sale or expose or exhibit for sale, and (e) conduct negotiations for sale, and (f) consign or deliver for sale, and (g) cause or permit anything referred to above. sensitive place , for Chapter 5, Part 5.6AA—see section 144AD. specify an act, matter or thing, includes— (a) describe the act, matter or thing, and (b) specify a class of acts, matters or things. State includes the Government and the Crown. substance includes matter or thing. supply chain participant , for Chapter 4, Part 4.2A—see section 94C(1)(c). trailer has the same meaning as in the Road Transport Act 2013 . unit of rolling stock means a vehicle designed to run on rails, but does not include a vehicle designed to operate both on and off rails when the vehicle is not operating on rails. use , for Part 9.3E, Division 1—see section 296. vessel means any kind of vessel used in navigation. waste includes— (a) any substance (whether solid, liquid or gaseous) that is discharged, emitted or deposited in the environment in such volume, constituency or manner as to cause an alteration in the environment, or (b) any discarded, rejected, unwanted, surplus or abandoned substance, or (c) any otherwise discarded, rejected, unwanted, surplus or abandoned substance intended for sale or for recycling, processing, recovery or purification by a separate operation from that which produced the substance, or (d) any processed, recycled, re-used or recovered substance produced wholly or partly from waste that is applied to land, or used as fuel, but only in the circumstances prescribed by the regulations, or (e) any substance prescribed by the regulations to be waste. A substance is not precluded from being waste for the purposes of this Act merely because it is or may be processed, recycled, re-used or recovered. waste facility means any premises used for the storage, treatment, processing, sorting or disposal of waste (except as provided by the regulations). water pollution or pollution of waters means— (a) placing in or on, or otherwise introducing into or onto, waters (whether through an act or omission) any matter, whether solid, liquid or gaseous, so that the physical, chemical or biological condition of the waters is changed, or (b) placing in or on, or otherwise introducing into or onto, the waters (whether through an act or omission) any refuse, litter, debris or other matter, whether solid or liquid or gaseous, so that the change in the condition of the waters or the refuse, litter, debris or other matter, either alone or together with any other refuse, litter, debris or matter present in the waters makes, or is likely to make, the waters unclean, noxious, poisonous or impure, detrimental to the health, safety, welfare or property of persons, undrinkable for farm animals, poisonous or harmful to aquatic life, animals, birds or fish in or around the waters or unsuitable for use in irrigation, or obstructs or interferes with, or is likely to obstruct or interfere with persons in the exercise or enjoyment of any right in relation to the waters, or (c) placing in or on, or otherwise introducing into or onto, the waters (whether through an act or omission) any matter, whether solid, liquid or gaseous, that is of a prescribed nature, description or class or that does not comply with any standard prescribed in respect of that matter, and, without affecting the generality of the foregoing, includes— (d) placing any matter (whether solid, liquid or gaseous) in a position where— (i) it falls, descends, is washed, is blown or percolates, or (ii) it is likely to fall, descend, be washed, be blown or percolate, into any waters, onto the dry bed of any waters, or into any drain, channel or gutter used or designed to receive or pass rainwater, floodwater or any water that is not polluted, or (e) placing any such matter on the dry bed of any waters, or in any drain, channel or gutter used or designed to receive or pass rainwater, floodwater or any water that is not polluted, if the matter would, had it been placed in any waters, have polluted or have been likely to pollute those waters. waters means the whole or any part of— (a) any river, stream, lake, lagoon, swamp, wetlands, unconfined surface water, natural or artificial watercourse, dam or tidal waters (including the sea), or (b) any water stored in artificial works, any water in water mains, water pipes or water channels, or any underground or artesian water. sch 6 (previously Dictionary): Am 1998 No 120, Sch 1.35 [7]; 1999 No 19, Sch 2.32 [6] [7]; 1999 No 31, Sch 1.37 [17]; 2000 No 20, Sch 1 [19]; 2000 No 53, Sch 1.23 [2]; 2002 No 14, Sch 2 [41] [42]; 2005 No 11, Sch 3.29 [1] [2]; 2005 No 96, Sch 1 [152]–[158]; 2006 No 58, Sch 1.24 [9]; 2006 No 84, Sch 2.13; 2006 No 120, Sch 1.22 [7]; 2008 No 95, Sch 2.9 [1] [2]; 2011 No 63, Sch 2 [24]; 2012 No 96, Sch 4.30; 2013 No 19, Sch 4.64 [4]; 2014 No 65, Sch 2.1 [14]; 2014 No 72, Sch 4.13 [2]; 2017 No 17, Sch 4.79; 2017 No 21, Sch 3 [17] [18]; 2017 No 22, Sch 2.35; 2018 No 80, Sch 1 [12]; 2020 No 30, Schs 1.35[8], 2.32, 4.77; 2022 No 3, Sch 5[81] [82]; 2024 No 10, Sch 1[21]. Renumbered 2024 No 20, Sch 9[81]. Am 2024 No 20, Sch 9[82]–[84]; 2025 No 58, Sch 9[86]. Dictionary, hdg: Renumbered as Sch 6, heading, 2024 No 20, Sch 9[81]. Dictionary: Am 1998 No 120, Sch 1.35 [7]; 1999 No 19, Sch 2.32 [6] [7]; 1999 No 31, Sch 1.37 [17]; 2000 No 20, Sch 1 [19]; 2000 No 53, Sch 1.23 [2]; 2002 No 14, Sch 2 [41] [42]; 2005 No 11, Sch 3.29 [1] [2]; 2005 No 96, Sch 1 [152]–[158]; 2006 No 58, Sch 1.24 [9]; 2006 No 84, Sch 2.13; 2006 No 120, Sch 1.22 [7]; 2008 No 95, Sch 2.9 [1] [2]; 2011 No 63, Sch 2 [24]; 2012 No 96, Sch 4.30; 2013 No 19, Sch 4.64 [4]; 2014 No 65, Sch 2.1 [14]; 2014 No 72, Sch 4.13 [2]; 2017 No 17, Sch 4.79; 2017 No 21, Sch 3 [17] [18]; 2017 No 22, Sch 2.35; 2018 No 80, Sch 1 [12]; 2020 No 30, Schs 1.35[8], 2.32, 4.77; 2022 No 3, Sch 5[81] [82]; 2024 No 10, Sch 1[21]. Renumbered as Sch 6, 2024 No 20, Sch 9[81].