Statute Details
- Title: Environmental Public Health (Modification of Licences) Regulations 2019
- Act Code: EPHA1987-S428-2019
- Legislation Type: Subsidiary Legislation (SL)
- Enacting Authority: National Environment Agency (NEA), with the approval of the Minister for the Environment and Water Resources
- Authorising Act: Environmental Public Health Act (Chapter 95)
- Key Enabling Power: Section 111(1) of the Environmental Public Health Act
- Parliamentary Presentation: To be presented to Parliament under section 111(4) of the Environmental Public Health Act
- Commencement: 10 June 2019
- SL Number: S 428/2019
- Made Date: 4 June 2019
- Status: Current version as at 27 March 2026
- Key Provisions:
- Regulation 1: Citation and commencement
- Regulation 2: Prescribed period to make written representations (14 days)
- Regulation 3: Meaning of “licence” (broad definition with an exclusion)
What Is This Legislation About?
The Environmental Public Health (Modification of Licences) Regulations 2019 (“Modification of Licences Regulations”) is a short but practically important set of subsidiary rules made under the Environmental Public Health Act (the “EPH Act”). In essence, it operationalises a procedural right for licence holders: when NEA proposes to modify conditions attached to a licence, the licensee must be given a defined period within which it can submit written representations.
From a practitioner’s perspective, the Regulations matter because they determine (i) the length of time available to respond to a notice proposing modifications, and (ii) which instruments are treated as “licences” for the purposes of the modification regime. These are threshold issues that can affect the validity of the process and the enforceability of any subsequent modified conditions.
Although the Regulations are limited to three provisions, they are tightly linked to section 99(12B) of the EPH Act. The Regulations therefore function as a “bridge” between the Act’s substantive framework for modifying licence conditions and the procedural mechanics required to ensure procedural fairness.
What Are the Key Provisions?
Regulation 1 (Citation and commencement) provides the formal commencement date and the short title. It states that the Regulations are the Environmental Public Health (Modification of Licences) Regulations 2019 and come into operation on 10 June 2019. For legal work, this matters when assessing whether a particular notice, representation, or modification occurred within the operative period of the Regulations.
Regulation 2 (Prescribed period to make written representations) is the core procedural provision. It specifies, for the purposes of section 99(12B)(b) of the EPH Act, the period of time after service of notice on a licensee during which the licensee may make written representations regarding a proposed modification of any condition of the licence.
The Regulations prescribe a period of 14 days. In practical terms, once NEA serves a notice proposing modification of licence conditions, the licensee has 14 days to submit written representations. This is a strict statutory timeline: if representations are not made within the prescribed period, the licensee may lose the opportunity to influence the decision-making process at that stage.
For practitioners, the key compliance questions typically include: when exactly the notice was served (and how service is evidenced), whether the 14-day period is calculated in calendar days, and whether any extension or late submission is permitted under the EPH Act’s broader procedural framework (if any). Even though the Regulations themselves do not address computation rules or extensions, the 14-day period is the legally prescribed minimum/maximum window tied to section 99(12B)(b).
Regulation 3 (Meaning of “licence”) defines the scope of the term “licence” for the Regulations. It adopts a broad, functional definition: “licence” includes any approval, permit, permission, authority, authorisation or licence that may be granted or renewed under the EPH Act.
However, Regulation 3 also contains an important exclusion: the definition does not include a cleaning business licence granted or renewed under Part IXA of the EPH Act. This carve-out is significant because it limits the application of the modification-and-representation regime (as implemented by these Regulations) to the relevant categories of licences under the Act, excluding cleaning business licences under Part IXA.
In legal practice, this exclusion can be decisive. If a client holds a cleaning business licence under Part IXA, the procedural right to make written representations within the 14-day period (as implemented by these Regulations) may not apply in the same way. Conversely, for other types of approvals/permits/authorisations under the EPH Act, the broad definition ensures that the procedural protections are not defeated by differences in terminology used by NEA (e.g., “permit” versus “licence”).
How Is This Legislation Structured?
The Modification of Licences Regulations are structured as a compact instrument with three regulations:
Regulation 1 sets out the citation and commencement date.
Regulation 2 prescribes the time limit for written representations following service of a notice proposing modification of licence conditions, linking directly to section 99(12B)(b) of the EPH Act.
Regulation 3 defines “licence” for the Regulations, including a broad inclusion of various forms of authorisations under the EPH Act and an explicit exclusion for cleaning business licences under Part IXA.
There are no additional parts or schedules in the extract provided; the Regulations operate as targeted procedural and definitional rules rather than a comprehensive licensing code.
Who Does This Legislation Apply To?
The Regulations apply to licensees who receive a notice from NEA proposing a modification of conditions attached to their licence under the EPH Act, insofar as the modification regime engages section 99(12B)(b). The practical effect is that the licensee is entitled to submit written representations within 14 days after service of the notice.
The scope is also determined by the definition of “licence.” The Regulations cover a wide range of authorisations—approvals, permits, permissions, authorities, authorisations, and licences—granted or renewed under the EPH Act. But they do not cover cleaning business licences granted or renewed under Part IXA of the EPH Act. Accordingly, the procedural timeline and definitional framework implemented by these Regulations may not apply to that excluded category, depending on how the EPH Act separately regulates modifications for cleaning business licences.
Why Is This Legislation Important?
Although the Regulations are brief, they have real consequences for administrative decision-making and for the rights of regulated entities. The 14-day period for written representations is a concrete procedural safeguard. It ensures that licence holders are not left without a meaningful opportunity to respond to proposed changes to their licence conditions—changes that can affect operational requirements, compliance costs, and risk exposure.
From an enforcement and compliance standpoint, the Regulations also promote administrative efficiency and certainty. NEA can proceed with modifications within a defined timeline after receiving representations (or after the representation window closes). For businesses, this means that once a notice is served, internal legal and compliance teams must act quickly to prepare submissions, gather evidence, and articulate reasons why the proposed modifications should not be made or should be modified.
For practitioners, the Regulations are also relevant in potential disputes about procedural fairness and compliance with statutory requirements. If NEA fails to provide the prescribed representation period, or if the notice process does not align with the statutory framework, licensees may have grounds to challenge the modification decision. Similarly, the definitional exclusion for cleaning business licences can be critical in determining whether the 14-day representation right is engaged at all.
In short, the Modification of Licences Regulations translate a legislative procedural right into a specific, time-bound entitlement and clarify the categories of instruments to which that entitlement applies.
Related Legislation
- Environmental Public Health Act (Chapter 95) — in particular section 99(12B) (as referenced by Regulation 2) and section 111 (as the enabling provision for making subsidiary legislation)
- Environmental Public Health Act — Part IXA — relevant to the exclusion of cleaning business licences from the definition of “licence” in Regulation 3
Source Documents
This article provides an overview of the Environmental Public Health (Modification of Licences) Regulations 2019 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.