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DECC Regulation summaries

This page contains summaries of some regulations administered by the DECC. Under each regulation name there are also links to the full text of the regulation (from the NSW legislation website) and, where available, further information relevant to the operation of the regulation.

Coastal Protection Regulation

Full Text

This Regulation:

  • prohibits the carrying out of development on any part of the coastal zone to which the Regulation applies except with the concurrence of the Minister, and
  • prohibits public authorities from granting any right or consent to the use or occupation of, or the carrying out of any development on, any such part of the coastal zone except with the consent of the Minister.

This Regulation applies to such part of the coastal zone as is below the mean high water mark, excluding any estuary, lake or artificial harbour.

Contaminated Land Management Regulation 1998

Full text | More about contaminated land

The Regulation prescribes a number of matters for the purposes of the Contaminated Land Management Act 1997, including:

  • the content of site auditors' annual returns;
  • the fees payable in connection with accreditation as a site auditor;
  • the time within which an application for renewal of accreditation must be made;
  • the form to be used when reporting contamination; and
  • the amount which the EPA may recover for its costs incurred in relation to investigation and remediation orders.

Environmentally Hazardous Chemicals Regulation 1999

Full text | More about chemicals

This Regulation:

  • sets various fees in relation to assessments of technology and prescribed activities by the EPA and in relation to licences to carry on prescribed activities;
  • specifies the matters to be included in applications for assessment of prescribed activities, in EPA notices about assessments of chemicals, and in EPA notices about applications for licences and transfers of licences;
  • provides for the appointment of alternate members of the Hazardous Chemicals Advisory Committee;
  • provides for the time within which certain appeals under the Environmentally Hazardous Chemicals Act 1985 may be made; and
  • prescribes the information to be included in registers under the Act.

Lake Illawarra Authority Regulation 2007

Full Text

This Regulation:

  • provides for the construction and use of buildings and facilities for or by any non-commercial community or charitable organisation or group to be prescribed as a purpose for which the Lake Illawarra Authority may grant leases of, or licences with respect to, any part of the development area to which the Lake Illawarra Authority Act 1987 applies, and
  • declares the construction of amenities blocks and educational study centres to be development works within the meaning of that Act.

Lord Howe Island Regulation 2004

Full text

This Regulation:

  • Provides for the election of Islanders to the Lord Howe Island Board;
  • Deals with applications for leases, consents to transfer leases or subleases, subleases and surrenders of, and rent for, leases of land on Lord Howe Island;
  • Regulates aspects of the following issues in respect of Lord Howe Island: licensing of tourism and tourist accommodation, protection of the environment, impoting and use of motor vehicles, mooring and anchoring of vessels, public reserves, firearms, alcohol, operation of the airport and sewage treatment facilities;
  • Applies to the Lord Howe Island Board provisions relating to councils under the Local Government Act 1993 that deal with powers of entry, the conduct of meetings and codes of conduct; and
  • Prescribes certain offences as penalty notice offences.

Marine Parks Regulation 1999

Full text

This Regulation provides for the management and regulation of marine parks. It also includes various miscellaneous provisions relating to the Marine Parks Authority and prescribes certain offences as penalty notice offences.

The Regulation details a zoning system for marine parks established by the Act, whereby  certain areas in a marine park may be zoned sanctuary zone, habitat protection zone, general use zone and special purposes zone. Each zone attracts a different level of protection and different types of activities are permitted in each zone. The Regulation also provides for the prohibition of certain activities within marine parks without the consent of the relevant Ministers. Provisions are included relating to processes for obtaining such consent.

Native Vegetation Regulation 2005

Full Text l More about Native Vegetation

This Regulation makes provision with respect to the following:

  • development consents for clearing of native vegetation,
  • the form and content of property vegetation plans (PVPs), variation and termination of PVPs and a register of PVPs,
  • routine agricultural management activities, particularly their extension and limitation in certain cases,
  • broadscale clearing (including the adoption of an Assessment Methodology for assessing and determining whether proposed broadscale clearing will improve or maintain environmental outcomes and special provision for long term environmental benefits),
  • special provisions for vulnerable land and State protected land,
  • special provision for the clearing of native vegetation for the purposes of private native forestry in accordance with a code of practice approved by the Minister,
  • savings and transitional provisions,
  • miscellaneous matters (including calculation methods for clearing of groundcover, and prescribing offences as penalty notice offences).

National Parks and Wildlife Regulation 2002

Full text

This regulation came into effect on 1 September 2002. It governs various activities under the National Parks and Wildlife Act 1974, including:

  • the regulation of the use of national parks and other areas administered by the NPWS (Part 2)
  • the preservation of public health in Kosciuszko National Park (Part 3)
  • licences and certificates (Part 4)
  • the protection of fauna (Part 5)
  • the exemption of Aboriginal people from the restrictions imposed by various sections of the Act on the hunting of certain animals and the gathering of certain plants (Part 6)
  • boards of management and plans of management in relation to Aboriginal land (Part 7)
  • advisory committees constituted under section 24 of the National Parks and Wildlife Act 1974 (Part 8).

The regulation replaces the former National Parks and Wildlife (Land Management) Regulation 1995, the National Parks and Wildlife (Administration) Regulation 1995 and the National Parks and Wildlife (Fauna Protection) Regulation 2001.

Pesticides Regulation 1995

Full text | More about pesticides

This Regulation:

  • requires users of pesticides for commercial and occupational purposes, or in connection with agricultural, farming or forestry operations, to make and keep records of pesticide use and, by 1 September 2005, to be trained to particular levels of competency in pesticide use;
  • sets the licence fees for the aerial application of pesticides, and sets out the particulars to be included with the application for such licences;
  • prescribes the qualifications required to obtain a pilot (pesticide rating) licence;
  • prescribes certain substances as restricted substances and prescribed produce for the purposes of the Pesticides Act 1999 in relation to agricultural produce; and
  • prescribes offences under the Act and Regulation for which on-the-spot fines ('penalty notices') can be issued, and the amounts of those fines.

Protection of the Environment Administration Regulation 2002

Full text

This Regulation replaces the Protection of the Environment Administration (Dislcosure by Board Members) Regulation 1997 without any significant changes. The Regulation deals with a number of matters in relation to members of the EPA Board, including:

  • matters that members must disclose;
  • the times and the method by which those disclosures are to be made; and
  • the manner in which a register of disclosures is to be kept.

Protection of the Environment Operations (Clean Air) Regulation 2002

Full text | More about air, wood smoke

This Regulation replaces the Clean Air (Domestic Solid Fuel Heaters) Regulation 1997, Clean Air (Motor Vehicles and Motor Vehicle Fuels) Regulation 1997, Clean Air (Plant and Equipment) Regulation 1997 and the Protection of the Environment Operations (Control of Burning) Regulation 2000.  

The Regulation deals with the sale of domestic solid fuel heaters and requires the heaters to be certified as complying with emission limits set out in the relevant Australian Standard. It also prohibits tampering with such heaters.

In relation to motor vehicles, the Regulation deals with the following matters:

  • the emission of air impurities, including excessive smoke from motor vehicles;
  • the compulsory fitting and maintenance of anti-pollution devices, and exemptions from these requirements; and
  • the method of transfer of petrol into a vehicle's fuel tank.

In relation to plant, equipment and activities, the Regulation:

  • sets maximum limits on emissions from activities and plant for a number of substances, including chlorine, dioxins, furans, smoke, solid particles and sulphur;
  • deals with the transport and storage of volatile organic liquids;
  • restricts the use of high sulphur liquid fuel;
  • imposes operational requirements for certain afterburners, flares, vapour recovery units and other treatment plant.

In relation to the control of burning, the Regulation:

  • controls burning in the open or in incinerators in local government areas;
  • allows the EPA or local councils to grant approvals for burning in the open or in an incinerator in certain circumstances;
  • prohibits the burning of certain articles (including tyres, paint and solvent containers, and certain treated timbers); 
  • imposes a general duty on persons to prevent or minimise air pollution when burning in the open or in an incinerator; and
  • allows the EPA to grant a written exemption to a public authority in certain circumstances.

Protection of the Environment Operations (General) Regulation 1998

Full text | More about licensing

The Regulation:

  • sets out how to calculate fees in relation to environment protection licences, and makes provision for adjustment or refunds of those fees;
  • sets out fees for environment protection notices and noise control notices;
  • makes provisions for load reduction agreements (load reduction agreements allow for fee rebates in return for measures taken to reduce pollution in the future);
  • establishes a Review Panel to advise the EPA on licensing matters, including load calculation protocols;
  • sets out the matters to be included by the EPA in its statement of reasons for the grant or refusal of a licence application;
  • makes it an offence to provide information that is false or misleading in relation to a licence application;
  • requires licensees to retain records used to calculate licence fees;
  • gives effect to the National Environment Protection (National Pollutant Inventory) Measure by requiring occupiers of certain facilities to submit data to the EPA relating to the emission of certain substances;
  • prohibits the burning of certain bio-material from Australian native trees in certain electricity generating works, and requires records and reports to be made in accordance with EPA guidelines;
  • prescribes certain matter when placed into water to be water pollution, and the methodology for testing matter in waters;
  • exempts certain water pollution from the water pollution offence under the Protection of the Environment Operations Act 1997;
  • allows the EPA to prohibit or regulate certain activities that threaten the safety of drinking water that is part of a public water supply;
  • prescribes certain forms to be used with respect to warrants relating to noise abatement directions;
  • sets out additional matters to be included in the public register maintained under section 308 of the Protection of the Environment Operations Act 1997;
  • declares certain bodies to be the appropriate regulatory authority in relation to certain activities for the purposes of the Protection of the Environment Operations Act 1997;
  • provides for exceptions to the prohibition on placing advertising material on vehicles;
  • prescribes meanings of words and expressions used in the land pollution offence; and
  • sets out matters relating to the evaluation of green offset schemes.

Protection of the Environment Operations (Hunter River Salinity Trading Scheme) Regulation 2002

Full text | More about emissions trading

The Regulation formally establishes a tradeable emission scheme to manage discharges of saline water in the Hunter River catchment. The scheme uses a credit trading system to regulate the timing and quantity of the discharges, and is based on a pilot scheme conducted since 1995. The Regulation sets out detailed rules of the Scheme. For more information about the Hunter River Salinity Trading Scheme, see Emissions Trading.

Protection of the Environment Operations (Noise Control) Regulation 2008

Full text | More about noise

This Regulation repeals and remakes, with minor amendments, the provisions of the Protection of the Environment Operations (Noise Control) Regulation 2000.

The Regulation makes provision with respect to the following:

  • the selling or using of motor vehicles with a temporary noise reduction device or with temporary noise reduction packing and the modification or repair of a vehicle to include any such device or packing
  • the selling or using of certain classes of motor vehicles and motor vehicle accessories that are capable of emitting noise levels above a prescribed level,
  • the use of motor vehicle horns and motor vehicle intruder alarms,
  • the times during which it is not permissible to use certain motor vehicles if they emit noise that can be heard in other residential premises,
  • the sounding of sirens and similar devices and the use of sound systems on vessels,
  • the emission of noise from the engines or exhausts of motor vehicles and vessels,
  • the maintenance of noise control equipment on motor vehicles and vessels,
  • the issue of defective vehicle notices and defective vessel notices,
  • the prohibition on selling certain articles that are capable of emitting noise levels above a prescribed level,
  • the obligation to label certain articles,
  • the times during which it is not permissible to use certain articles (including musical instruments) if they emit noise that can be heard in any residential premises,
  • the inspection and testing procedures for the purpose of determining noise emission levels of certain motor vehicles, motor vehicle accessories, vessels, articles or equipment.

Protection of the Environment Operations (Penalty Notices) Regulation 2004

Full text | More about penalty notices

This Regulation:

  • sets out the offences under the Protection of the Environment Operations Act 1997 and related Acts and regulations for which on-the-spot fines ('penalty notices') may be issued, and the amount of such fines;
  • specifies the organisations who can authorise their officers to issue penalty notices for particular offences; and
  • authorises the service of a penalty notice relating to an offence, applying to an owner of a motor vehicle or vessel, on the owner without naming the address of the owner and by leaving the penalty notice on that vehicle or vessel.

Protection of the Environment Operations (Savings and Transitional) Regulation 1998

Full text

This Regulation makes a number of saving and transitional provisions as a consequence of the commencement of the Protection of the Environment Operations Act 1997 on 1 July 1999. The Regulation:

  • deems licences and some pollution control approvals ('existing licences') made under certain repealed legislation to be licences for the purposes of the Protection of the Environment Operations Act 1997;
  • revises existing licences to give effect to changes in legislative requirements under the new Act;
  • deals with licence applications which were pending before the commencement of the Act;
  • provides for the replacement of existing licences;
  • applies some of the procedural provisions of the Act to criminal proceedings in relation to offences against certain repealed Acts or regulations; and
  • provides that exemptions, notices, directions, orders or requirements made under certain repealed Acts continue to have effect.

Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008

Full Text l More about

  • This Regulation contains the following provisions:
  • provisions with respect to the commissioning and decommissioning of underground storage systems (Part 2)
  • provisions with respect to the installation of groundwater monitoring wells (Part 3)
  • provisions with respect to the use of underground storage systems (Part 4)
  • provisions with respect to record-keeping (Part 5)
  • other provisions of a minor, consequential or ancillary nature (Parts 1 and 6 and Schedule 1)

For the first 4 years, the appropriate regulatory authority under the Protection of the Environment Operations Act 1997 for matters arising under the Regulation will be the EPA, after which it will be the relevant local authority. 

The Regulation will commence on 1 June 2008.

Protection of the Environment Operations (Waste) Regulation 2005

Full text | More about waste 

This Regulation:

  • makes requirements relating to non-licensed landfill sites, non-licensed waste activities and non-licensed waste transporting, for eg the way in which waste must be stored or transported, reporting and record-keeping requirements;
  • provides for the contributions to be paid by the occupiers of scheduled waste facilities for each tonne of waste received at the facility or generated in a particular area;
  • exempts certain occupiers or types of waste from these contributions;
  • allows rebates to be claimed in relation to certain types of waste;
  • provides for certain reporting and record-keeping requirements in relation to scheduled waste facilities and scheduled landfill sites;
  • exempts certain waste streams from the full waste tracking and recordkeeping requirements;
  • makes requirements relating to the transport of controlled waste to interstate destinations;
  • allows the EPA to approve the immobilisation of contaminants in waste; 
  • makes special requirements relating to asbestos and clinical waste; and
  • makes it an offence to apply, or to cause or permit the application of, residue waste to land that is used for the purpose of growing vegetation, subject to any exemptions (see Residue Wastes - Overview for further information, including the granting of exemptions).

For more information on the 2005 regulation, see www.environment.nsw.gov.au/waste/waste_regulation.htm.  

Radiation Control Regulation 2003

Full text | More about radiation

This Regulation:

  • deals with the licensing of persons to use certain radioactive substances and radiation apparatus;
  • prescribes activities which may only be carried out by accredited radiation experts;
  • sets fees in relation to licensing, registration, accreditation and approvals;
  • regulates the use of radiation apparatus and radioactive substances in the workplace;
  • regulates the disposal and transport of radiation apparatus and radioactive substances, and the discharge of radioactive substances;
  • allows exemptions from certain provisions of the Radiation Control Act 1990 and the Regulation;
  • prescribes certain radiation apparatus as apparatus that must be registered and sets out certain requirements in relation to such apparatus; and
  • prescribes offences under the Act and Regulation for which on-the-spot fines ('penalty notices') can be issued, and the amounts of those fines.

Road and Rail Transport (Dangerous Goods) (Rail) Regulation 1998

Full text | More about dangerous goods

This Regulation applies the Rail (Dangerous Goods) Rules contained in the Australian Code for the Transport of Dangerous Goods by Road and Rail as law in NSW, subject to minor modifications. The rules set standards for the transport of dangerous goods by rail.

Road and Rail Transport (Dangerous Goods) (Road) Regulation 1998

Full text | More about dangerous goods

This Regulation applies the Commonwealth Road Transport Reform (Dangerous Goods) Regulations as law in NSW, subject to minor modifications. The Regulations establish a system of licences and standards for the transport of dangerous goods by road and also apply the Australian Code for the Transport of Dangerous Goods by Road and Rail to such transport.

Royal Botanic Gardens and Domain Trust Regulation 2008

Full text

The Regulation, which commenced on 1 March 2008, covers a wide range of matters enabling the proper management and use of the Trust lands and assets, in accordance with the objectives of the Trust.

Specifically, this Regulation provides for:

  • the use of Trust lands generally, including an offence in relation to offensive conduct,
  • the use of the Royal Botanic Gardens, the Mount Annan Botanic Garden, the Mount Tomah Botanic Garden and the Mount Tomah Conservation Area,
  • the use of the Domain, and
  • penalty notice offences (offences that attract “on-the-spot” fines).

Threatened Species Conservation Regulation 2002

Full text

This Regulation:

  • Provides for the protection and regulation of the critical habitat of the Little Penguin population in North Sydney Harbour and the Wollemi Pine critical habitat in Wollemi National Park; and
  • Prescribes criteria under ss 10-12 of the Threatened Species Conservation Act 1995 for the listing of critically endangered species, endangered species, vulnerable species, endangered populations, critically endangered ecological communities, endangered ecological communities and vulnerable ecological communities.

Threatened Species Conservation (Savings and Transitional) Regulation 1996

Full text

This Regulation contains provisions of a savings and transitional nature relating to

  • the amendment of the Environmental Planning and Assessment Act 1979 and the National Parks and Wildlife Act 1974 by the Threatened Species Conservation Act 1995; and
  • the commencement of the Threatened Species Conservation Amendment Act 2002 and the Threatened Species Legislation Amendment Act 2004

 

 

Page last updated: 10 July 2008