Environment protection licences

Changes to environment protection regulation in NSW

The Protection of the Environment Operations (General) Regulation 2009 improves the ability of DECC to achieve environmental objectives through the administration of licences and other regulatory instruments. The Regulation takes effect on 30 June 2009.

The Regulation refines load-based licensing to ensure the scheme captures the most significant sources of pollution from industry and continues to provide an incentive for licensees to reduce their impacts on the environment. The changes follow consultation in 2008 with relevant industries and the broader community. The key changes in the new Regulation include:

• increases in environment protection notice fees in line with the Consumer Price Index (CPI)
• increases to environment protection licence fees in line with the CPI
• changes to assessable pollutants and Fee Rate Threshold factors that apply under the LBL Scheme
• changes to load reduction agreements
• removal of licensing requirements for certain low-risk activities, including concrete batching works, bitumen works, mobile plant activities and the transport of non-trackable waste.

DECC issues environment protection licences to the owners or operators of various industrial premises under the Protection of the Environment Operations Act 1997 (POEO Act). Licence conditions relate to pollution prevention and monitoring, and cleaner production through recycling and reuse and the implementation of best practice.

If you think you may require an environment protection licence, consult the Guide to Licensing.

Online forms are available to:

• apply for, transfer, vary or surrender a licence
• apply for a load reduction agreement
• apply to sign an annual return on behalf of a licence holder.

All licence holders must:

• comply with the conditions of their licence
• pay annual administrative fees, and in some cases additional fees
• submit annual returns.

The load-based licensing (LBL) scheme sets limits on the pollutant loads emitted by the state's larger, potentially most polluting industries, by linking licence fees to pollutant emissions. The LBL scheme also provides the infrastructure for emissions trading schemes. These enable emissions to be controlled from groups of licensees as well as from individual premises by allowing licensees to buy and sell credits for reducing emissions.

Other information sources relating to environment protection licences are:

• the public register, which contains information on licence reviews, prosecutions and other issues
• the National Pollutant Inventory, which provides data on types and amounts of certain emissions across Australia, and their impact on health and the environment.

DECC manages a strategic compliance audit program, which assesses how licence holders comply with existing requirements and provides industry with examples of best practice to encourage improved environmental performance.

To help DECC manage its audit program and promote environmental improvements:

• organisations and individuals are required to report pollution incidents under section 148 of the POEO Act
• authorised officers - normally DECC or local council staff - are appointed to exercise certain functions under the POEO Act..