week saw the formal handover of the regulatory responsibility of the NSW UPSS
Regulation (https://www.legislation.nsw.gov.au/regulations/2019-411.pdf) from the NSW Environmental Protection Authority (EPA) to the
129 local government authorities that exist in NSW.
transition, which was first flagged more than 6 years ago, involved significant
consultation with the fuel industry and it is understood that the NSW EPA has
recently provided comprehensive training for local council enforcement officers
in respect of the operation of the Regulation.
was fair to say that we had significant concerns about the planned change when
we heard it was back on the agenda mid last year”, said ACAPMA CEO Mark
principal concern was to ensure that the UPSS regulation, which are now to be
administered by 129 separate local authorities, is administered consistently
across the State”, added Mark
together with other industry stakeholders, has been working co-operatively with
the NSW EPA throughout the transition process and believes that all that could
reasonably be done to ensure a smooth transition, has been done.
worth noting that the NSW EPA remains the UPSS Regulator for around 1000 fuel
sites. These sites are either publicly owned, located in an unincorporated area
of the State, or were the subject of an enforcement action prior to the
handover on 1 September 2019.
EPA will continue to be the administrator of the regulations (as opposed to
being the Regulator) and will continue to provide local councils with assistance
on UPSS issues in the future.
information about the new arrangements can be found on the EPA’s Underground
Petroleum Storage System webpage at https://www.epa.nsw.gov.au/your-environment/contaminated-land/upss
intends to closely monitor the transition process and we will make formal
representations to the EPA and relevant Ministers in the event that any
significant and ongoing issues arise as a result of the new arrangements”, said
hope is that all council enforcement officers will have the appropriate skills
necessary to ensure that these important regulations are enforced consistently
and efficiently, particularly given the complexity of UPSS and the importance
of proper management of same”, said Mark.
Any ACAPMA members that experience issues with UPSS enforcement actions in the future – issues that could not be reasonably resolved with the subject council – are strongly encouraged to contact the ACAPMA Secretariat on 1800 160 270 or send an email to firstname.lastname@example.org