1 Name of Regulation
This Regulation is the Protection of the Environment Operations (Penalty Notices) Regulation 1999.
2 Commencement
This Regulation commences on 1 July 1999.
3 Definitions
In this Regulation:penalty notice offence means an offence prescribed by clause 5.the Act means the Protection of the Environment Operations Act 1997.
4 Notes
The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.
5 Penalty notice offences: section 222
(1) Each offence created by a provision specified in Column 1 of Schedule 1 is prescribed as a penalty notice offence for the purposes of Division 3 of Part 8.2 of the Act.(2) If the reference to a provision in Column 1 of Schedule 1 is qualified by words that restrict its operation to specified kinds of offences or to offences committed in specified circumstances, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or is committed in the circumstances so specified.cl 5: Am 2000 No 20, Sch 2 [1].
6 Authorised officers: section 226
(1) The officers or employees of the class specified in Column 3 of Schedule 1 are, subject to this clause, prescribed as authorised officers in relation to the penalty notice offences concerned.Note—A person who is of a class of officers or employees prescribed as authorised officers for the purposes of this Regulation may exercise functions as such an authorised officer regardless of whether the person has been appointed as an authorised officer under section 187 of the Act.(2) Any such officer or employee of an authority is an authorised officer only if that authority has duly authorised that officer or employee to exercise the functions of an authorised officer under Division 3 of Part 8.2 of the Act.(3) Any such officer or employee of an authority is not an authorised officer in relation to a penalty notice offence alleged to have been committed by that authority.(4) In Schedule 1, a number included in Column 3 of Schedule 1 is a reference to an officer or employee of a class identified by that number.(5) The class of officers or employees in Schedule 1 are as follows:(a) class 1—an officer or employee of a local authority,(b) class 2—an officer or employee of the EPA,(c) class 3—an officer or employee of the National Parks and Wildlife Service,(d) class 4—an officer or employee of the Waterways Authority or of a Port Corporation within the meaning of the Ports Corporatisation and Waterways Management Act 1995,(e) class 5—a police officer,(f) class 6—an officer or employee of the Sydney Water Corporation, of the Hunter Water Corporation or of a Water Supply Authority within the meaning of the Water Supply Authorities Act 1987 (other than a Water Supply Authority that is also the council of a local government area),(g) class 7—an officer or employee of the Forestry Commission,(h) class 8—an officer or employee of the Sydney Harbour Foreshore Authority or of the Darling Harbour Authority,(i) class 9—an officer or employee of the Bicentennial Park Trust, of the Centennial Park and Moore Park Trust, of the Parramatta Stadium Trust, of the Parramatta Park Trust or of the Royal Botanic Gardens and Domain Trust,(j) class 10—an officer or employee of a University (within the meaning of the Higher Education Act 1988),(k) class 11—an officer or employee of the Sydney Olympic Park Authority or the Olympic Coordination Authority,(l) class 12—an officer or employee who is a marine park ranger within the meaning of the Marine Parks Act 1997,(m) class 13—an officer or employee of NSW Fisheries,(n) class 14—an officer or employee of the Sydney Catchment Authority.(6) A reference in subclause (5) to an officer or employee of the following authorities is taken to include a reference to an officer or employee of a body corporate providing services under an arrangement with that authority whereby the officer or employee is acting under the direction and control of the authority:(a) Sydney Harbour Foreshore Authority,(b) Darling Harbour Authority,(c) Olympic Coordination Authority,(d) Sydney Olympic Park Authority.cl 6: Am 25.2.2000; 22.12.2000; 2001 No 17, Sch 5.4; 2001 No 57, Sch 7.4 [1] [2].
7 Amounts of penalty payable: section 227
The prescribed penalty payable under a penalty notice in relation to a penalty notice offence is:(a) the amount specified in Column 4 of Schedule 1, or(b) if the person alleged to have committed the offence is a corporation, and if a greater amount is specified in Column 5 of Schedule 1, the amount specified in Column 5 of Schedule 1.
8 Service of penalty notices on owners of vehicles or vessels: section 224 (3)
(1) This clause applies to offences under the Act or the regulations that apply specifically to the owner of a vehicle or vessel.(2) A penalty notice may, if it relates to an offence to which this clause applies, be served by leaving it on, or attaching it to, the vehicle or vessel.(3) A penalty notice may, if it relates to an offence to which this clause applies, be addressed to the owner of a vehicle or vessel without naming the owner or stating his or her address.
9 Short descriptions: section 145B of Justices Act 1902
(1) For the purposes of section 145B of the Justices Act 1902, the prescribed expression for a penalty notice offence is:(a) the expression specified in Column 2 of Schedule 1 in relation to the offence, or(b) if a choice of words is indicated in that expression, the words remaining after the omission of the words irrelevant to the offence.(1A) If the reference to a provision in Column 1 of Schedule 1 is qualified by words that restrict its operation to specified kinds of offences or to offences committed in specified circumstances, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or is committed in the circumstances so specified.(2) For the purposes of any proceedings for a penalty notice offence, the prescribed expression for the offence is taken to relate to the offence created by the relevant provision referred to in Column 2 of Schedule 1, as the provision was in force when the offence is alleged to have been committed.(3) The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used.(4) Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.cl 9: Am 2000 No 20, Sch 2 [2].
Schedule 1 Penalty notice offences
(Clauses 5–9)
Protection of the Environment Operations Act 1997
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
Provision of the Act | Short description | Officer | Penalty (individuals) | Penalty (corporations) |
Section 47 | Carry out unlicensed scheduled development work | 2 | $750 | $1500 |
Section 48 | Carry out unlicensed scheduled activity (premises-based) | 2 | $750 | $1500 |
Section 49 | Carry out unlicensed scheduled activity (not premises-based) | 2 | $750 | $1500 |
Section 64 | Contravene condition of licence | 2 | $750 | $1500 |
Section 66 (2) | Licence holder supply false or misleading information | 2 | $750 | $1500 |
Section 66 (4) | Supply false or misleading certificate | 2 | $750 | $1500 |
Section 86 | Contravene notice for breach of licensing requirements | 2 | $750 | $1500 |
Section 88 | Fail to pay waste facility contribution | 2 | $750 | $1500 |
Section 91 | Fail to comply with clean-up notice | 1, 2, 12, 14 | $750 | $1500 |
Section 94 | Fail to pay clean-up notice fee | 1, 2, 12, 14 | $500 | $1000 |
Section 97 | Fail to comply with prevention notice | 1, 2, 12, 14 | $750 | $1500 |
Section 100 | Fail to pay prevention notice fee | 1, 2, 12, 14 | $500 | $1000 |
Section 120 | Pollute waters/ cause/permit waters to be polluted | 1, 2, 4, 6, 7, 9, 10, 11, 12, 13, 14 | $750 | $1500 |
Section 124 | Cause air pollution by failure to maintain plant in efficient condition/operate plant in proper and efficient manner | 1, 2 | $750 | $1500 |
Section 125 | Cause air pollution by failure to carry out maintenance work in a proper and efficient manner | 1, 2 | $750 | $1500 |
Section 126 | Cause air pollution by failure to deal with materials in a proper and efficient manner | 1, 2 | $750 | $1500 |
Section 128 | Cause/permit emission of excess air impurities/failure to prevent/minimise air pollution | 1, 2 | $750 | $1500 |
Section 129 | Cause/permit emission of offensive odours from premises licensed for scheduled activities | 2 | $750 | $1500 |
Section 135 | Fail to comply with air pollution (fire prohibition) order/notice | 1, 2 | $200 | $400 |
Section 136:
| Sell noisy article | 2 | $200 | $400 |
Section 136:
| Sell noisy article 5dB(A) or more above limit | 2 | $400 | $800 |
Section 136:
| Sell noisy horn/alarm | 2 | $300 | $600 |
Section 137 | Sell article without prescribed noise control equipment/with noise control equipment that has not been maintained | 1, 2 | $200 | $400 |
Section 139 | Cause emission of noise by failure to maintain plant in efficient condition/operate plant in proper and efficient manner | 1, 2 | $200 | $400 |
Section 140 | Cause emission of noise by failure to deal with materials in a proper and efficient manner | 1, 2 | $200 | $400 |
Section 143 | Transport waste to a place not lawfully a waste facility for that waste | 1, 2 | $750 | $1500 |
Section 144 | Permit land to be unlawfully used as a waste facility | 1, 2 | $750 | $1500 |
Section 145:
| Deposit litter (small item) | 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14 | $60 | — |
Section 145:
| Deposit litter | 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14 | $200 | $400 |
Section 145:
| Deposit litter (extinguished cigarette) | 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14 | $60 | — |
Section 145:
| Deposit litter (lit cigarette) | 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14 | $200 | — |
Section 145:
| Deposit litter from vehicle | 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14 | $200 | $400 |
Section 145A:
| Deposit litter in circumstances of aggravation | 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14 | $375 | $750 |
Section 146A | Deposit advertising material in place | 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14 | $200 | $400 |
Section 146B | Deposit advertising material on vehicle | 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14 | $200 | $400 |
Section 146C | Cause or ask person to contravene section 146A or 146B | 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14 | $200 | $400 |
Section 146E (1) | Release 20 or more balloons | 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13 | $200 | $400 |
Section 146E (2) | Cause/permit release of 20 or more balloons | 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13 | $200 | $400 |
Section 146E (3) | Release/cause/ permit release of more than 100 balloons | 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13 | $375 | $750 |
Section 152 | Contravene Part 5.7 of Act (Duty to notify pollution incidents) | 1, 2 | $750 | $1500 |
Section 155 | Sell polluting vehicle | 2 | $750 | $1500 |
Section 156 | Sell vehicle without prescribed anti-pollution device fitted | 2 | $750 | $1500 |
Section 157 (1) | Remove/disconnect/ impair/cause/permit removal/ disconnection/ impairment of anti-pollution device | 2 | $750 | $1500 |
Section 157 (2) | Adjust/modify/ cause/permit to be adjusted/modified anti-pollution device/part of vehicle so that vehicle emits excessive air impurities | 2 | $750 | $1500 |
Section 161 (4) | Use vehicle/ cause/permit vehicle to be used in contravention of a section 161 notice | 2 | $300 | $600 |
Section 161 (7) | Remove/ obliterate/ interfere with prescribed label | 2 | $300 | $600 |
Section 167 | Fail to maintain control equipment in an efficient condition/operate equipment in a proper and efficient manner | 2 | $750 | $1500 |
Section 211 (1) | Neglect/fail to comply with requirement under Chapter 7 of the Act (Investigation) | 1, 2, 4, 5, 14 | $300 | $600 |
Section 265 | Contravene noise control notice | 1, 2, 4 | $200 | $400 |
Section 277 (1) (a) | Fail to cause noise emission to cease in accordance with noise abatement direction | 1, 2, 4, 5, 8 | $200 | $400 |
Section 277 (1) (b) | Cause/permit noise emission within 28 days after noise abatement direction/the period specified in a noise abatement direction | 1, 2, 4, 5, 8 | $200 | $400 |
Section 277 (2) (a) | Fail to cease making/ contributing to the making of noise in accordance with noise abatement direction | 1, 2, 4, 5, 8 | $200 | $400 |
Section 277 (2) (b) | Make/contribute to the making of noise within 28 days after/the period specified in a noise abatement direction is given | 1, 2, 4, 5, 8 | $200 | $400 |
Protection of the Environment Operations (General) Regulation 1998
Column 1 | Column 2 | Column 3 | Column 4 |
Provision of Regulation | Short description | Officer | Penalty |
Clause 47 (1) | Provide false or misleading information/statement in an application | 2 | $1500 |
Clause 51 (1) | Failure to retain records | 2 | $500 |
Protection of the Environment Operations (Control of Burning) Regulation 2000
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
Provision of Regulation | Short description | Officer | Penalty (individuals) | Penalty (corporations) |
Clause 5 (1) | Burn otherwise than to prevent or minimise air pollution | 1, 2, 3 | $500 | $1,000 |
Clause 6 (1) | Burn prohibited article | 1, 2, 3 | $500 | $1,000 |
Clause 7 (1) | Prohibited burning (Part 1 area) | 1, 2, 3 | $500 | $1,000 |
Clause 7 (2) | Prohibited burning (Part 2 area) | 1, 2, 3 | $500 | $1,000 |
Clause 7 (3) | Prohibited burning (Part 3 area) | 1, 2, 3 | $500 | $1,000 |
Clean Air (Motor Vehicles and Motor Vehicle Fuels) Regulation 1997
Column 1 | Column 2 | Column 3 | Column 4 |
Provision of Regulation | Short description | Officer | Penalty |
Clause 13 (1) | Operate vehicle with over 0.2 grams lead per litre petrol | 2 | $300 |
Clause 14 (1) | Sell petrol with over 0.2 grams lead per litre | 2 | $300 |
Clause 21 (3) (a) | Sell unleaded fuel vehicle contrary to clause 21 | 2 | $300 |
Clause 21 (3) (b) | Use unleaded fuel vehicle/cause/allow use of unleaded fuel vehicle contrary to clause 21 | 2 | $300 |
Clause 21 (4) | Remove/deface words inscribed on/in relation to motor vehicle | 2 | $300 |
Clause 22 (2) (a) | Sell unleaded fuel vehicle contrary to clause 22 | 2 | $600 |
Clause 22 (2) (b) | Use unleaded fuel vehicle/cause/allow use of unleaded fuel vehicle contrary to clause 22 | 2 | $600 |
Clause 22 (3) | Modify petrol filling pipe fitted to motor vehicle | 2 | $600 |
Clause 23 (1) (a) | Petrol retailer fail to notify that vehicles to use unleaded petrol | 2 | $300 |
Clause 23 (1) (b) | Petrol retailer fail to distinguish leaded from unleaded pumps | 2 | $300 |
Clause 24 (a) | Leaded petrol pump nozzle too narrow | 2 | $300 |
Clause 24 (b) | Unleaded petrol pump nozzle too wide | 2 | $300 |
Clause 25 (2) | Fill vehicle/cause/allow filling of vehicle without petrol over-fill device | 2 | $300 |
Clause 25 (3) | Petrol hose not fully inserted into fuel tank | 2 | $300 |
Clause 27 | Use motor vehicle/cause/allow use of motor vehicle emitting excessive air impurities | 2 | $112 |
Clause 28 | Use motor vehicle/cause/allow use of motor vehicle without anti-pollution device | 2 | $300 |
Clause 29 | Use motor vehicle/cause/allow use of motor vehicle that has not been serviced/maintained/adjusted in specified manner | 2 | $600 |
Clause 31 (1) | Put leaded fuel/leaded fuel additive in unleaded fuel vehicle | 2 | $600 |
Clause 31 (2) | Use leaded fuel/leaded fuel additive in unleaded fuel vehicle | 2 | $600 |
Clean Air (Plant and Equipment) Regulation 1997
Column 1 | Column 2 | Column 3 | Column 4 |
Provision of Regulation | Short description | Officer | Penalty |
Clause 8 (1) | Operate equipment in Sydney/Wollongong/Newcastle/ Central Coast with fuel over 0.5 per cent sulphur | 2 | $600 |
Clause 8 (2) | Operate equipment outside Sydney/Wollongong/Newcastle/ Central Coast with fuel over 2.5 per cent sulphur | 2 | $600 |
Clause 20A (1) | Use/operate/cause/allow to be used/operated fuel burning equipment/industrial plant without prescribed control equipment | 2 | $600 |
Clause 20A (2) | Fail to maintain/operate fuel burning equipment/industrial plant/prescribed control equipment in compliance with specifications | 2 | $600 |
Clause 24 (2) | Use tank vehicle/allow tank vehicle to be used without control equipment | 2 | $600 |
Clause 25 (2) | Fail to ensure delivery tank connected to vapour collection system | 2 | $600 |
Clause 25 (3) | Fail to observe vapour reduction requirements during unloading | 2 | $600 |
Clause 25 (4) | Leave open hatch/manhole/cover | 2 | $600 |
Protection of the Environment Operations (Noise Control) Regulation 2000
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
Provision of Regulation | Short description | Officer | Penalty (individuals) | Penalty (corporations) |
Clause 6 (1) | Sell vehicle when noise control equipment not securely in place/defective | 2 | $300 | $600 |
Clause 11 | Sell alarm with panic/override switch | 2 | $300 | $600 |
Clause 12 (1) | Sell non-complying dual/variable/rising tone horn | 2 | $300 | $600 |
Clause 13 (1): Cause/permit use of vehicle capable of emitting noise exceeding maximum level by up to 5 dB(A) | Cause/permit use of noisy vehicle | 2 | $150 | $300 |
Clause 13 (1): Cause/permit use of vehicle capable of emitting noise exceeding maximum level by between 5 and 15 dB(A) | Cause/permit use of noisy vehicle | 2 | $250 | $500 |
Clause 13 (1): Cause/permit use of vehicle capable of emitting noise exceeding maximum level by more than 15 dB(A) | Cause/permit use of noisy vehicle | 2 | $500 | $1,000 |
Clause 14 | Cause/permit vehicle to emit offensive noise in place (not road) | 1, 2, 5 | $200 | $400 |
Clause 15 (1) | Cause/permit repeat of vehicle noise after warning | 1, 2, 5 | $200 | $400 |
Clause 16 (1) | Cause/permit repeat of refrigeration unit noise after warning | 1, 2, 5 | $200 | $400 |
Clause 17 | Cause/permit offensive noise from motor vehicle sound system | 1, 2, 5 | $150 | $200 |
Clause 18 (1) | Cause/permit vehicle to be used when noise control equipment not securely in place/defective | 2, 5 | $200 | $400 |
Clause 18 (2) (a) | Remove/render less effective noise control equipment | 2, 5 | $200 | $400 |
Clause 18 (2) (b) | Fit less effective noise control equipment | 2, 5 | $200 | $400 |
Clause 19 (1) | Cause/permit motor cycle to be used with unlabelled noise control equipment | 2, 5 | $200 | $400 |
Clause 20 | Modify/repair engine/air intake system/exhaust system so that noise level exceeds limit | 2 | $200 | $400 |
Clause 21 (1) (a) | Attach noisy horn with single loudness and pitch | 2 | $200 | $400 |
Clause 21 (1) (b) | Attach noisy horn with varying loudness and pitch | 2 | $200 | $400 |
Clause 21 (2) (a) | Cause/permit use of motor vehicle with noisy horn of single loudness and pitch | 2 | $200 | $400 |
Clause 21 (2) (b) | Cause/permit use of motor vehicle with noisy horn of varying loudness and pitch | 2 | $200 | $400 |
Clause 23 | Cause/permit motor vehicle intruder alarm with panic/override switch | 1, 2, 5 | $200 | $400 |
Clause 24 (1): Cause/permit use of noisy alarm (for up to 24 hours) | Cause/permit use of noisy alarm | 1, 2, 5, 8 | $200 | $400 |
Clause 24 (1): Cause/permit use of noisy alarm (for 24 to 48 hours) | Cause/permit use of noisy alarm | 1, 2, 5, 8 | $400 | $800 |
Clause 24 (1): Cause/permit use of noisy alarm (for more than 48 hours) | Cause/permit use of noisy alarm | 1, 2, 5, 8 | $600 | $1,200 |
Clause 25 (1) | Cause/permit use of non-complying motor vehicle intruder alarm | 2 | $200 | $400 |
Clause 26 (5) | Use/cause/permit vehicle to be used contrary to defective vehicle notice | 2, 5 | $300 | $600 |
Clause 27 (4) | Remove/obscure/ deface defective vehicle label | 2, 5 | $300 | $600 |
Clause 27 (5) | Cause/permit vehicle to be used when defective vehicle label has been removed/obscured/ defaced | 2, 5 | $300 | $600 |
Clause 29 | Cause/permit siren/whistle/ hooter/fog horn/bell to be sounded | 1, 4, 5 | $200 | $400 |
Clause 30 | Cause/permit vessel to emit offensive noise on navigable waters | 1, 4, 5 | $300 | $600 |
Clause 31 (1) | Cause/permit powered vessel to be used when noise control equipment not securely in place/defective | 4, 5 | $200 | $400 |
Clause 31 (2) (a) | Remove/render less effective noise control equipment | 4, 5 | $200 | $400 |
Clause 31 (2) (b) | Fit less effective noise control equipment | 4, 5 | $200 | $400 |
Clause 32 (1) | Cause/permit use of musical instrument/sound system after warning | 1, 4, 5 | $300 | $600 |
Clause 33 (5) | Cause/permit vessel to be used contrary to defective vessel notice | 4, 5 | $300 | $600 |
Clause 34 (4) | Remove/obscure/ deface defective vessel label | 4, 5 | $300 | $600 |
Clause 34 (5) | Cause/permit vessel to be used when defective vessel label has been removed/ obscured/defaced | 4, 5 | $300 | $600 |
Clause 50 (1) | Cause/permit repeat of power tool/swimming pool pump noise after warning | 1, 5 | $200 | $400 |
Clause 51 (1) | Cause/permit repeat of musical instrument/sound equipment noise after warning | 1, 5 | $200 | $400 |
Clause 52 (1) | Cause/permit repeat of air conditioner noise after warning | 1, 5 | $200 | $400 |
Clause 53 (1): Cause/permit use of noisy intruder alarm (for up to 24 hours) | Cause/permit use of noisy intruder alarm | 1, 2, 5 | $200 | $400 |
Clause 53 (1): Cause/permit use of noisy intruder alarm (for 24 to 48 hours) | Cause/permit use of noisy intruder alarm | 1, 2, 5 | $400 | $800 |
Clause 53 (1): Cause/permit use of noisy intruder alarm (for more than 48 hours) | Cause/permit use of noisy intruder alarm | 1, 2, 5 | $600 | $1,200 |
Ozone Protection Act 1989
Column 1 | Column 2 | Column 3 | Column 4 |
Provision of the Act | Short description | Officer | Penalty |
Section 14 (3) | Fail to provide information/confer with EPA | 2 | $300 |
Ozone Protection Regulation 1997
Column 1 | Column 2 | Column 3 | Column 4 |
Provision of Regulation | Short description | Officer | Penalty |
Clause 9 (1) | Fail to make/retain authorised supplier’s records | 2 | $300 |
Clause 9 (5) | Fail to make supplier’s records available to authorised officer | 2 | $300 |
Clause 10 (1) | Fail to forward authorised supplier’s return to EPA | 2 | $300 |
Clause 10 (2) | Fail to forward authorised copies of supplier’s records to EPA | 2 | $300 |
Clause 12 (1) | Fail to make/retain authorised purchaser’s records | 2 | $300 |
Clause 12 (5) | Fail to make purchaser’s records available to authorised officer | 2 | $300 |
Clause 22 | Fail to attach label to refrigeration equipment | 2 | $300 |
Clause 24 (1) | Fail to attach label to air conditioning equipment | 2 | $300 |
Clause 25 (1) | Fail to attach label to motor vehicle air conditioning equipment | 2 | $300 |
Clause 31 (1) | Fail to notify EPA of halon discharge | 2 | $300 |
Clause 39 (1) (a) | Fail to supply container for reclaiming CFC/HCFC | 2 | $300 |
Clause 39 (1) (b) | Fail to accept delivery of container of CFC/HCFC | 2 | $300 |
Clause 40 (1) | Fail to use appropriate container for reclaiming CFC/HCFC | 2 | $300 |
Waste Minimisation and Management Act 1995
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
Provision of the Act | Short description | Officer | Penalty (individuals) | Penalty (corporations) |
Section 39 (4) | Fail to rectify breach of IWRP | 2 | $300 | $600 |
Protection of the Environment Operations (Waste) Regulation 1996
Column 1 | Column 2 | Column 3 | Column 4 |
Provision of Regulation | Short description | Officer | Penalty |
Clause 15 (3) | Fail to provide initial details | 2 | $500 |
Clause 15 (4) | Fail to return form | 2 | $500 |
Clause 15 (5) | Fail to provide information | 2 | $500 |
Clause 16 (2) (a) | Fail to store waste safely | 1, 2 | $500 |
Clause 16 (2) (b) | Waste stored/in contact with other waste | 1, 2 | $500 |
Clause 16 (2) (c) | Fail to provide information | 1, 2 | $500 |
Clause 16 (2) (d) (i) | Fail to obtain consignment number | 1, 2 | $500 |
Clause 16 (2) (d) (ii) | Fail to complete/give copy of waste data form | 1, 2 | $500 |
Clause 16 (2) (e) (i) | Fail to complete waste data form accurately | 1, 2 | $500 |
Clause 16 (2) (e) (ii) | Fail to retain waste data form | 1, 2 | $500 |
Clause 16 (2) (e) (iii) | Fail to make waste data form available | 1, 2 | $500 |
Clause 16 (2) (f) | Fail to ensure transporter licensed | 1, 2 | $500 |
Clause 16 (2) (g) | Fail to comply with Measure | 1, 2 | $500 |
Clause 16 (2) (h) | Fail to ensure waste transported lawfully | 1, 2 | $500 |
Clause 16 (2) (i) | Fail to identify waste/advise transporter | 1, 2 | $500 |
Clause 16 (2) (j) | Fail to advise of breach of Act/Regulation | 1, 2 | $500 |
Clause 16 (4) (a) (i) | Fail to record details of contractor | 1, 2 | $500 |
Clause 16 (4) (a) (ii) | Fail to retain record/agreement | 1, 2 | $500 |
Clause 16 (4) (a) (iii) | Fail to make record/agreement available | 1, 2 | $500 |
Clause 16 (4) (b) (i) | Fail to identify waste/advise contractor | 1, 2 | $500 |
Clause 16 (4) (b) (ii) | Fail to inform about receipt | 1, 2 | $500 |
Clause 16 (4) (b) (iii) | Fail to keep receipt | 1, 2 | $500 |
Clause 16 (4) (b) (iv) | Fail to make receipt available | 1, 2 | $500 |
Clause 17 (2) (a) (i) | Fail to keep clean vehicle | 1, 2 | $500 |
Clause 17 (2) (a) (ii) | Fail to prevent spillage | 1, 2 | $500 |
Clause 17 (2) (b) | Fail to secure container safely | 1, 2 | $500 |
Clause 17 (2) (c) | Fail to sufficiently cover load | 1, 2 | $500 |
Clause 17 (2) (d) | Mix incompatible waste | 1, 2 | $500 |
Clause 17 (2) (e) | Mix waste with other waste/material | 1, 2 | $500 |
Clause 17 (2) (f) | Mix segregated material | 1, 2 | $500 |
Clause 17 (2) (g) (i) | Fail to obtain waste data form | 1, 2 | $500 |
Clause 17 (2) (g) (ii) | Fail to keep waste data form in vehicle | 1, 2 | $500 |
Clause 17 (2) (g) (iii) | Fail to complete waste data form | 1, 2 | $500 |
Clause 17 (2) (g) (iv) | Fail to provide waste data form to occupier/operator | 1, 2 | $500 |
Clause 17 (2) (g) (v) | Fail to retain waste data form | 1, 2 | $500 |
Clause 17 (2) (h) | Transport waste to unlawful destination | 1, 2 | $500 |
Clause 17 (2) (i) | Fail to advise type of waste before unloading | 1, 2 | $500 |
Clause 17 (2) (j) | Fail to provide information | 1, 2 | $500 |
Clause 17 (2) (k) | Fail to advise of breach of Act/Regulation | 1, 2 | $500 |
Clause 21 (2) | Fail to record details | 2 | $500 |
Clause 21 (3) (a) (i) | Fail to ensure records are accurate | 2 | $500 |
Clause 21 (3) (a) (ii) | Fail to ensure records are retained | 2 | $500 |
Clause 21 (3) (b) | Fail to make records available | 2 | $500 |
Clause 22 (4) (a) | Fail to record details | 2 | $500 |
Clause 22 (4) (b) | Fail to record details | 2 | $500 |
Clause 22 (4) (c) | Fail to record details | 2 | $500 |
Clause 22 (4) (d) (i) | Fails to ensure records are accurate | 2 | $500 |
Clause 22 (4) (d) (ii) | Fail to ensure records are retained | 2 | $500 |
Clause 22 (4) (e) | Fail to make record available | 2 | $500 |
Clause 23 (1) | Fail to record details | 2 | $500 |
Clause 23 (2) | Fail to record details | 2 | $500 |
Clause 23 (3) (a) | Fail to keep record | 2 | $500 |
Clause 23 (3) (b) | Fail to make record available | 2 | $500 |
Clause 23A | Fail to provide information | 2 | $500 |
Clause 24 (1) (a) | Fail to carry out June survey | 2 | $500 |
Clause 24 (1) (b) | Fail to carry out December survey | 2 | $500 |
Clause 24 (1A) (a) | Fail to keep copy of survey results | 2 | $500 |
Clause 24 (1A) (b) | Fail to make survey results available | 2 | $500 |
Clause 25 (1) | Fail to install weighbridge | 2 | $500 |
Clause 25 (2) (a) | Fail to submit plan | 2 | $500 |
Clause 25 (2) (a1) | Fail to submit revised plan | 2 | $500 |
Clause 25 (2) (b) | Fail to ensure vehicle uses weighbridge | 2 | $500 |
Clause 25 (2) (c) | Fail to maintain weighbridge | 2 | $500 |
Clause 25 (2) (d) | Fail to certify weighbridge | 2 | $500 |
Clause 25 (2) (d1) | Fail to keep copy of plan/weighbridge certificate/make plan/certificate available | 2 | $500 |
Clause 25 (2) (e) | Fail to notify non-operation of weighbridge | 2 | $500 |
Clause 25 (2) (f) | Fail to use alternative recording method | 2 | $500 |
Clause 25 (2) (g) | Fail to comply with installation/operation requirement | 2 | $500 |
Clause 26 (2) (a) | Fail to install monitoring system | 2 | $500 |
Clause 26 (2) (b) | Fail to keep monitoring records | 2 | $500 |
Clause 26 (2) (c) | Fail to make records available | 2 | $500 |
Clause 27 | Provide false information | 2 | $500 |
Clause 28 (11) | Fail to comply with conditions of approval | 2 | $500 |
Clause 29 (2) | Fail to comply with requirement | 1, 2 | $500 |
Clause 29 (6) | Use asbestos waste for road making | 1, 2 | $500 |
Clause 30 (a) | Dispose clinical waste unlawfully | 1, 2 | $500 |
Clause 30 (b) | Fail to obtain approval | 1, 2 | $500 |
Clause 30 (c) | Dispose clinical waste unlawfully | 1, 2 | $500 |
Clause 30 (d) | Material contained in clinical waste | 1, 2 | $500 |
Clause 30 (e) | Fail to package clinical waste | 1, 2 | $500 |
Clause 30 (f) | Dispose clinical waste in excess of 40 kg | 1, 2 | $500 |
Clause 30 (g) | Fail to bury/contain clinical waste | 1, 2 | $500 |
sch 1: Am 25.6.1999; 25.2.2000; 2000 No 20, Sch 2 [3] [4]; 25.8.2000; 1.9.2000; 2000 No 82, Sch 2; 22.12.2000.