New South Wales

Protection of the Environment Operations (General) Regulation 2022

Executive summary of update

This update to the Protection of the Environment Operations (General) Regulation 2022 introduces explicit formulas for calculating load-based fees for assessable pollutants, which were previously undefined. It also clarifies the specific paragraph reference for land pollution in the Act's Dictionary, potentially altering the scope of prescribed matter. Additionally, the update includes future amendments to Schedule 10 definitions related to PFAS firefighting foam and updates to scheduled activities under the principal Act. The primary intent is to enhance clarity and precision in environmental fee calculations and regulatory definitions. The most significant practical consequence is the need for licence holders to re-evaluate their load-based fee calculations using the new formulas.

Impacted parties

This update primarily impacts licence holders subject to load-based licensing schemes, particularly those involved in electricity generation and coal mining, as well as entities whose activities are defined under the Act's land pollution provisions.

Change Analysis

1. Explicit Load-Based Fee Calculation Formulas

What changed?
Previously, Section 42 of the Regulation referred to "Formula 1" and "Formula 2" for calculating load-based fees but did not explicitly define these formulas....

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