The NSW EPA has released its POEO Act licence risk level: Licensee appeal and internal review guidelines relating to its new risk-based licensing system.
Under the new system, all licensees will be assessed and regulated based on the level of environmental risk they pose. Each licensed premises will be awarded a risk level from 1-3 with 3 being the highest risk.
The risk levels allocated to each licence will be available on the NSW EPA’s public register from the first licence anniversary after 1 July 2015. Licensees will be advised in writing of their risk level.
Licensees can appeal the risk level determined for their licence and request an internal review of the risk level within 21 days of notification by the NSW EPA.
If the licensee is not satisfied with the outcome of the internal review an appeal can be made to the EPA’s Chief Environmental Regulator (CER) within 21 days of being notified of the internal review outcome.
The next step is to seek an external review in the Land and Environment Court.