What should you check before starting a bioenergy project in New South Wales?
In New South Wales, most bioenergy projects need three early checks: whether the activity needs a licence or permission from the NSW Environment Protection Authority (EPA) under the Protection of the Environment Operations Act 1997 (POEO Act), whether your council must approve the development, and whether the local network can connect your plant. Thresholds and requirements change, so confirm each with the official regulator before committing money.
Do you need an environmental licence?
Activities listed in Schedule 1 of the POEO Act — which includes certain waste processing, composting and energy-from-waste activities above set thresholds — need an environment protection licence (EPL) from the EPA. Below those thresholds, a council may still regulate the site under planning approval.
The simplest first step is to describe your activity, feedstock and expected volumes to the NSW Environment Protection Authority (EPA) and ask which category applies.
Waste rules that shape your feedstock and outputs
NSW applies a waste levy under the POEO Act and its waste regulation, which makes landfill disposal of organics more expensive in levy-paying areas. The EPA's resource recovery framework (resource recovery orders and exemptions) governs when processed materials such as digestate or compost can be applied to land or sold rather than treated as waste. NSW has also legislated staged food-waste separation requirements for larger businesses and councils — confirm the dates that apply to you with the EPA.
Planning approval
Development consent is usually assessed by the local council under the Environmental Planning and Assessment Act 1979; larger or designated developments may require an environmental impact statement or State assessment. The NSW Planning Portal is the starting point for lodgement.
Electricity and gas network connection
Electricity distribution is run by Ausgrid, Endeavour Energy and Essential Energy (most regional areas). Gas distribution includes Jemena's NSW network. Connection enquiries start with the relevant network business; AEMO and the national rules govern larger generators.
A practical order of checks
- Describe the activity — feedstock, source (on-site or received), volumes and outputs.
- Ask the environmental regulator which licence or permission category applies.
- Talk to council about zoning, traffic, odour and neighbours.
- Contact the network business before sizing any generator or gas injection.
- Confirm digestate or compost use so your by-products have a lawful outlet.
This guide is general information, not legal or regulatory advice. Shelby does not lodge applications.
Frequently asked questions
Does every bioenergy project in New South Wales need an EPA licence?
No. Licensing depends on the type and scale of the activity. Smaller on-farm or on-site systems may fall below thresholds, but planning approval and other duties can still apply. Confirm with the NSW Environment Protection Authority (EPA).
Can I sell or spread digestate?
Possibly, but processed organic outputs are usually regulated. Check whether a specific order, exemption or EPA requirement applies before supplying digestate or compost to others.
Can Shelby handle approvals for me?
No. Shelby helps you organise evidence and questions. Applications go through the regulator, council and network business, with qualified advisers where needed.
Sources & References
- epa.nsw.gov.au, NSW EPA: Licensing
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- epa.nsw.gov.au, NSW EPA: Resource recovery framework
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- epa.nsw.gov.au, NSW EPA: Waste levy
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- planning.nsw.gov.au, NSW Department of Planning
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- energy.nsw.gov.au, Energy NSW
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- legislation.nsw.gov.au, NSW legislation
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Verification incomplete, do not rely on this reference for an investment or approval decision.
Source metadata and claim-level evidence require verification.