An Act to create further offences relating to the pollution of the environment; to amend certain Acts; and for other purposes.
Part 1 Preliminary
1 Name of Act
This Act may be cited as the Environmental Offences and Penalties Act 1989.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Object of the Act
(1) The principal object of this Act is to supplement other laws which protect the environment from pollution:(a) by creating additional offences relating to:(i) the disposal of waste without lawful authority, and(ii) the leaking, spillage and escape of substances from their containers, by which harm is or is likely to be caused to the environment, and(b) by enabling the imposition of penalties for the additional offences of:(i) up to $1,000,000 in the case of a corporation, and(ii) up to $250,000 or 7 years imprisonment, or both, in any other case, and(c) by enabling courts to make orders restricting the disposition of property or other dealings with property by a person against whom proceedings have been brought under the proposed Act so as to ensure that the person has sufficient assets to pay:(i) the costs of cleaning up environmental pollution caused by the person, and(ii) any other damages which may be awarded against the person in respect of that environmental pollution, and(d) by punishing contraventions of those other laws as offences under this Act, and(e) by establishing common procedures for the enforcement of those other laws.(2) Except as provided in sections 29 and 30, nothing in this Act affects any of the provisions of any other Act, or any regulations, ordinances or by-laws made under another Act or takes away any powers vested in any person or body by any other Act, or any regulations, ordinances or by-laws made under any other Act.s 3: Am 1990 No 84, Sch 1 (1).
4 Definitions
(1) In this Act:environment includes all aspects of the surroundings of human beings, including:(a) the physical factors of those surroundings, such as the land, the waters and the atmosphere, and(b) the biological factors of those surroundings, such as the animals, plants and other forms of life, and(c) the aesthetic factors of those surroundings, such as their appearance, sounds, smells, tastes and textures.harm, in relation to the environment, includes any direct or indirect alteration of the environment that has the effect of degrading the environment and, without limiting the generality of the foregoing, includes:(a) any act or omission that results in air pollution, within the meaning of the Clean Air Act 1961, and(b) any act or omission that results in the pollution of any waters, within the meaning of the Clean Waters Act 1970.means:(a) a licence granted by the Environment Protection Authority in respect of:(i) scheduled premises or scheduled equipment within the meaning of the Clean Air Act 1961, or(ii) the pollution of waters within the meaning of the Clean Waters Act 1970, or(iii) a drain which discharges or is likely to be used for discharging any pollutants into any classified waters within the meaning of the Clean Waters Act 1970, or(b) a licence granted under the Waste Minimisation and Management Act 1995, or(c) a licence granted under section 28 of the Environmentally Hazardous Chemicals Act 1985, or(d) a prescribed licence, permission or other authority given under the Water Board Act 1987, the Water Supply Authorities Act 1987, the Hunter Water Board Act 1988 or a regulation made under any of those Acts.means a public or local authority constituted by or under an Act, a Government Department or a statutory body representing the Crown, and includes a person exercising functions on behalf of that authority, Department or body.restraining order means an order made under section 16.waste means:(a) effluent, being any matter or thing, whether solid or liquid or a combination of solids and liquids, which is of a kind that may be removed from a septic tank, septic closet, chemical closet, sullage pit or grease trap, or from any holding tank or other container forming part of or used in connection with a septic tank, septic closet, chemical closet, sullage pit or grease trap, or(b) trade waste, being any matter or thing, whether solid, gaseous or liquid or a combination of solids, gases and liquids (or any of them), which is of a kind that comprises refuse from any industrial, chemical, trade or business process or operation, including any building or demolition work, or(c) garbage, being all refuse other than trade waste and effluent, and includes waste within the meaning of the Waste Minimisation and Management Act 1995.(2) In this Act, a reference to the disposal of waste includes a reference to the causing or permitting of the disposal of waste.(3) For the purposes of this Act, a substance is not precluded from being waste merely because it may be reprocessed, re-used or recycled.(4) In this Act:(a) a reference to a function includes a reference to a power, authority and duty, and(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.s 4: Am 1990 No 84, Sch 1 (2); 1991 No 60, Sch 3; 1995 No 102, Sch 6.2 [1] [2]; 1998 No 155, Sch 2 [1].
4A Extra-territoriality
A person is guilty of an offence against this Act in respect of any act or omission done or omitted by the person outside New South Wales:(a) if the act or omission causes any substance to come within New South Wales, and(b) if the substance causes harm or is likely to cause harm to the environment, and(c) if (apart from this section) the act or omission would have constituted an offence against this Act had it been done or omitted within New South Wales.s 4A: Ins 1990 No 84, Sch 1 (3).
Part 2 Offences
Division 1 Tier 1 offences
pt 2, div 1, hdg: Ins 1990 No 84, Sch 1 (4).
5 Disposal of waste without lawful authority
(1) If a person, without lawful authority, wilfully or negligently disposes of waste in a manner which harms or is likely to harm the environment:(a) the person, andare each guilty of an offence.(b) if the person is not the owner of the waste, the owner,(2) In this section, a reference to the owner of waste includes, in relation to waste that has been disposed of, a reference to the person who was the owner of the waste immediately before the waste was disposed of.s 5: Subst 1990 No 84, Sch 1 (5).
6 Leaks, spillages etc
(1) If a person, without lawful authority, wilfully or negligently causes any substance to leak, spill or otherwise escape (whether or not from a container) in a manner which harms or is likely to harm the environment:(a) the person, and(b) if the person is not the owner of the substance, the owner, are each guilty of an offence.(2) If:(a) the person in possession of the substance at the time of the leak, spill or other escape, or(b) the owner of any such container, or(c) the owner of the land on which the substance or any such container was located at the time of the leak, spill or other escape, or(d) the occupier of the land on which the substance or any such container was located at the time of the leak, spill or other escape, wilfully or negligently, in a material respect, caused or contributed to the conditions which gave rise to the commission of the offence under subsection (1), the person is guilty of an offence.(2A) A person may be proceeded against and convicted of an offence under subsection (2) whether or not a person has been proceeded against or convicted of an offence under subsection (1) in respect of the leak, spill or other escape.(3) In this section, container includes any thing for the purpose of storing, transporting or handling the substance.s 6: Subst 1990 No 84, Sch 1 (6). Am 1992 No 57, Sch 1.
6A Emission of ozone depleting substances etc
(1) If a person wilfully or negligently causes any controlled substance (within the meaning of the Ozone Protection Act 1989) to be emitted into the atmosphere in contravention of the regulations under that Act and in a manner which harms or is likely to harm the environment:(a) the person, andare each guilty of an offence.(b) if the person is not the owner of the substance, the owner,(2) In this section, a reference to the owner of a substance includes, in relation to a substance that has been emitted into the atmosphere, a reference to the person who was the owner of the substance immediately before the substance was so emitted.s 6A: Ins 1989 No 208, sec 34. Subst 1990 No 84, Sch 1 (7).
6B Ancillary offences
A person who:(a) aids, abets, counsels or procures another person to commit, or(b) attempts to commit, oran offence against section 5, 6 or 6A is guilty of an offence.(c) conspires to commit,s 6B: Ins 1990 No 84, Sch 1 (8).
7 Defence
It is a defence to any proceedings against a person for an offence against a provision of this Division for the person to prove:(a) that the commission of the offence was due to causes over which the person had no control, and(b) that the person took reasonable precautions and exercised due diligience to prevent the commission of the offence.s 7: Subst 1990 No 84, Sch 1 (9).
8 Penalty for Tier 1 offences
A person who is guilty of an offence against this Division is liable to a penalty not exceeding $1,000,000 in the case of a corporation or, in any other case, $250,000 or 7 years imprisonment, or both.s 8: Am 1990 No 84, Sch 1 (10).
Division 2 Tier 2 offences
pt 2, div 2: Ins 1990 No 84, Sch 1 (11).
8A Offences under the Clean Air Act 1961
(1) Any person who (by virtue of any provision of the Clean Air Act 1961) is guilty of an offence against this Act is liable:(a) in the case of a corporation—to a penalty not exceeding $125,000 and, in the case of a continuing offence, to a further penalty not exceeding $60,000 for each day the offence continues, or(b) in the case of an individual—to a penalty not exceeding $60,000 and, in the case of a continuing offence, to a further penalty not exceeding $30,000 for each day the offence continues.(2) Any person who (by virtue of any provision of the Clean Air Act 1961) is guilty of an offence specified in Part 1 of Schedule 1 is liable to a penalty not exceeding the amount specified in that Part in respect of that offence and is not liable to any penalty under subsection (1). If Part 1 of the Schedule indicates that the maximum penalty varies according to whether the offender is an individual or a corporation, the penalty is to be imposed accordingly.(3) A regulation under the Clean Air Act 1961 may impose a penalty not exceeding:(a) $10,000 in the case of an individual, orin respect of a contravention of the regulation.(b) $20,000 in the case of a corporation,s 8A: Ins 1990 No 84, Sch 1 (11). Am 1995 No 99, Sch 1.7 [1].
8B Offences under the Clean Waters Act 1970
(1) Any person who (by virtue of any provision of the Clean Waters Act 1970) is guilty of an offence against this Act is liable:(a) in the case of a corporation—to a penalty not exceeding $125,000 and, in the case of a continuing offence, to a further penalty not exceeding $60,000 for each day the offence continues, or(b) in the case of an individual—to a penalty not exceeding $60,000 and, in the case of a continuing offence, to a further penalty not exceeding $30,000 for each day the offence continues.(2) Any person who (by virtue of any provision of the Clean Waters Act 1970) is guilty of an offence specified in Part 2 of Schedule 1 is liable to a penalty not exceeding the amount specified in that Part in respect of that offence and is not liable to any penalty under subsection (1). If the Schedule indicates that the maximum penalty varies according to whether the offender is an individual or a corporation, the penalty is to be imposed accordingly.(3) A regulation under the Clean Waters Act 1970 may impose a penalty not exceeding:(a) $10,000 in the case of an individual, orin respect of a contravention of the regulation.(b) $20,000 in the case of a corporation,s 8B: Ins 1990 No 84, Sch 1 (11). Am 1995 No 99, Sch 1.7 [2].
8C Offences under the Noise Control Act 1975
(1) Any person who (by virtue of any provision of the Noise Control Act 1975) is guilty of an offence against this Act is liable:(a) in the case of a corporation—to a penalty not exceeding $30,000 and, in the case of a continuing offence, to a further penalty not exceeding $3,000 for each day the offence continues, or(b) in the case of an individual—to a penalty not exceeding $15,000 and, in the case of a continuing offence, to a further penalty not exceeding $300 for each day the offence continues.(2) Any person who (by virtue of any provision of the Noise Control Act 1975) is guilty of an offence specified in Part 3 of Schedule 1 is liable to a penalty not exceeding the amount specified in that Part in respect of that offence and is not liable to any penalty under subsection (1).(3) A regulation under the Noise Control Act 1975 may impose a penalty not exceeding:(a) $10,000 in the case of an individual, orin respect of a contravention of the regulation.(b) $20,000 in the case of a corporation,s 8C: Ins 1990 No 84, Sch 1 (11).
8D Offences under the Pollution Control Act 1970
(1) Any person who (by virtue of any provision of the Pollution Control Act 1970) is guilty of an offence against this Act is liable:(a) in the case of a corporation—to a penalty not exceeding $125,000 (or, in the case of an offence relating exclusively to the emission of noise, $30,000) and, in the case of a continuing offence, to a further penalty not exceeding $60,000 (or, in the case of an offence relating exclusively to the emission of noise, $3,000) for each day the offence continues, or(b) in the case of an individual—to a penalty not exceeding $60,000 (or, in the case of an offence relating exclusively to the emission of noise, $15,000) and, in the case of a continuing offence, to a further penalty not exceeding $30,000 (or, in the case of an offence relating exclusively to the emission of noise, $300) for each day the offence continues.(2) Any person who (by virtue of any provision of the Pollution Control Act 1970) is guilty of an offence specified in Part 4 of Schedule 1 is liable to a penalty not exceeding the amount specified in that Part in respect of that offence and is not liable to any penalty under subsection (1).(3) A regulation under the Pollution Control Act 1970 may impose a penalty not exceeding:(a) $10,000 in the case of an individual, orin respect of a contravention of the regulation.(b) $20,000 in the case of a corporation,s 8D: Ins 1990 No 84, Sch 1 (11). Am 1991 No 60, Sch 3.
8DA Offences under the Waste Minimisation and Management Act 1995
(1) Except as provided by subsections (1A), (1B) and (2), any person who (by virtue of any provision of the Waste Minimisation and Management Act 1995) is guilty of an offence against this Act is liable:(a) in the case of a corporation—to a penalty not exceeding $125,000 and, in the case of a continuing offence, to a further penalty not exceeding $60,000 for each day the offence continues, or(b) in the case of an individual—to a penalty not exceeding $60,000 and, in the case of a continuing offence, to a further penalty not exceeding $30,000 for each day the offence continues.(1A) Any person who, by virtue of section 65 (3) of the Waste Minimisation and Management Act 1995, is guilty of an offence against this Act is liable to a penalty not exceeding $15,000 and, in the case of a continuing offence, to a further penalty not exceeding $7,000 for each day the offence continues.(1B) Any person who, by virtue of section 68 (2) of the Waste Minimisation and Management Act 1995, is guilty of an offence against this Act is liable to a penalty not exceeding $10,000 and, in the case of a continuing offence, to a further penalty not exceeding $5,000 for each day the offence continues.(2) Any person who (by virtue of any provision of the Waste Minimisation and Management Act 1995) is guilty of an offence specified in Part 5 of Schedule 1 is liable to a penalty not exceeding the amount specified in that Part in respect of that offence.(3) Subject to the Waste Minimisation and Management Act 1995, a regulation under that Act may impose a penalty not exceeding:(a) $10,000 in the case of an individual, orin respect of a contravention of the regulation.(b) $20,000 in the case of a corporation,s 8DA: Ins 1995 No 102, Sch 6.2 [3]. Am 1998 No 155, Sch 2 [2]–[4].
8E Failure to comply with sec 14 (1) orders
Any person who fails to comply with an order under section 14 (1) is guilty of an offence and liable:(a) in the case of a corporation—to a penalty not exceeding $60,000 for each day during which the non-compliance continues, and(b) in the case of an individual—to a penalty not exceeding $30,000 for each day during which the non-compliance continues.s 8E: Ins 1990 No 84, Sch 1 (11).
8F Littering
(1) A person who, without lawful authority, deposits any refuse in a public place is guilty of an offence and liable to a penalty not exceeding $300.(2) A person is to be regarded as having deposited refuse in a public place with lawful authority:(a) if the person has deposited the refuse:(i) in a receptacle provided by the relevant public authority for the depositing of refuse, and(ii) in accordance with any conditions specified by that authority, by means of a notice displayed on or in the vicinity of the receptacle, in relation to the depositing of refuse in the receptacle, or(b) if the person has placed a receptacle containing the refuse in that place for the purpose of the refuse being removed in the course of a refuse removal service provided by the relevant public authority, or(c) if the person has deposited the refuse in that place:(i) pursuant to an invitation contained in a notice published by the relevant public authority, and(ii) in accordance with any conditions specified in the notice in relation to the depositing of refuse in that place, or(d) if the person has deposited the refuse in that place with the consent of the relevant public authority, or(e) if the person has deposited the refuse in that place pursuant to an authority conferred by or under this or any other Act.(3) In this section:(a) a reference to a public place includes a reference to:(i) a public road, and(ii) a public reserve within the meaning of the Local Government Act 1993, and(iii) a State forest or a flora reserve within the meaning of the Forestry Act 1916, and(iv) a national park, state recreation area, regional park, historic site, nature reserve, state game reserve or Aboriginal area within the meaning of the National Parks and Wildlife Act 1974, and(b) a reference to the relevant public authority, in relation to a public place, is a reference to the public authority or other person in whom that place is vested or who has the care, control or management of that place.s 8F: Ins 1990 No 84, Sch 1 (11). Am 1993 No 32, Sch 2; 1996 No 58, Sch 2.3.
Division 3 Tier 3 offences
pt 2, div 3: Ins 1990 No 84, Sch 1 (12).
8G Penalty notices
(1) An authorised officer may serve a penalty notice on a person if it appears to the authorised officer that the person has committed an offence referred to in Schedule 2.(1A) A penalty notice may be served personally or by post.(2) For the purposes of this or any other Act, such an offence is, in any information, complaint, summons, warrant, notice, order or other document, to be regarded as being sufficiently stated or described if it is stated or described by the use of:(a) the expression set out in Schedule 2 in relation to the offence, orbut nothing in this subsection affects any other method of stating or describing such an offence.(b) an expression that is substantially the same as that expression,(3) If a choice of words is indicated in the short description of an offence specified in Schedule 2, the appropriate words for the circumstances of the offence must be used in any such information, complaint, summons, warrant, notice, order or other document.(4) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter dealt with by a court, the person may pay:(a) within the time (being 28 days from the date on which the notice was served) specified in the notice, andthe penalty specified by Schedule 2 for the offence.(b) to the person specified in the notice,(5) If the penalty prescribed for an alleged offence is paid in accordance with this section, no person is liable to any further proceedings for the alleged offence.(6) If the person served elects to have the matter dealt with by a court, the maximum penalty that may be imposed on the person in respect of the offence is:(a) 3 times the amount payable under the penalty notice, orwhichever is the lesser.(b) the maximum penalty that may be imposed for the offence if dealt with otherwise than by way of a penalty notice,(7) Payment in accordance with this section is not to be regarded as an admission of liability for the purposes of, nor is it in any way to affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.(8) An authorised officer belonging to the same class of officers as the authorised officer by whom a penalty notice has been served:(a) may withdraw the notice within 28 days from the date on which the notice was served, and(b) must withdraw the notice immediately if directed to do so by the Environment Protection Authority.(9) The power of the Environment Protection Authority to give a direction under subsection (8) (b) may not be exercised by a delegate of the Authority.(10) The following provisions have effect if a penalty notice is withdrawn in accordance with subsection (8):(a) the amount that was payable under the notice ceases to be payable,(b) any amount that has been paid under the notice is repayable to the person by whom it was paid,(c) any election made under subsection (6) ceases to have effect,(d) subsections (5) and (6) cease to apply to the alleged offence the subject of the notice,(e) further proceedings in respect of the alleged offence the subject of the notice may be taken against any person (including the person on whom the notice was served) as if the notice had never been served.(11) This section does not limit the operation of this or any other Act in relation to proceedings that may be taken in respect of offences.(12) In this section, a reference to an authorised officer, in relation to an offence, is a reference to a person belonging to a class of officers specified in Schedule 2 in relation to that offence.(13) Notwithstanding subsection (12), a person who is an officer or employee of a public authority is not to be taken to be an authorised officer in relation to an offence alleged to have been committed by the authority.(14) The regulations may amend Schedule 2 so as to insert, omit or vary any matter identifying or describing an authorised officer or any matter relating to an offence against this Act.(15) The maximum penalty that the regulations may insert in Schedule 2 in respect of an offence against this Act is $600.s 8G: Ins 1990 No 84, Sch 1 (12). Am 1991 No 60, Sch 3.
Division 4 Miscellaneous
pt 2, div 4, hdg: Ins 1990 No 84, Sch 1 (13).
9 Matters to be considered in imposing penalty
In imposing a penalty for an offence against this Act, the court is to take into consideration (in addition to any other matter the court considers relevant):(a) the extent of the harm caused or likely to be caused to the environment by the commission of the offence, and(b) the practical measures which may be taken to prevent, control, abate or mitigate that harm, and(c) the extent to which the person who committed the offence could reasonably have foreseen the harm caused or likely to be caused to the environment by the commission of the offence, and(d) the extent to which the person who committed the offence had control over the causes which gave rise to the offence, and(e) whether, in committing the offence, the person was complying with orders from an employer or a supervising employee.
10 Offences by corporations
(1) If a corporation contravenes, whether by act or omission, any provision of this Act, each person who is a director of the corporation or who is concerned in the management of the corporation is to be taken to have contravened the same provision unless the person satisfies the court that:(a) the corporation contravened the provision without the knowledge actual, imputed or constructive of the person, or(b) the person was not in a position to influence the conduct of the corporation in relation to its contravention of the provision, or(c) the person, if in such a position, used all due diligence to prevent the contravention by the corporation.(2) A person may be proceeded against and convicted under a provision pursuant to this section whether or not the corporation has been proceeded against or been convicted under that provision.(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act.(4) Without limiting any other law or practice regarding the admissibility of evidence, evidence that an officer, employee or agent of a corporation (while acting in his or her capacity as such) had, at any particular time, a particular intention, is evidence that the corporation had that intention at that time.s 10: Am 1990 No 84, Sch 1 (14).
10A Onus of proof concerning lawful authority
The onus of proving that a person had lawful authority (as referred to in sections 5, 6 and 8F) lies with the defendant.s 10A: Ins 1990 No 84, Sch 1 (15).
Part 3 Proceedings for offences
11 Nature of proceedings for Tier 1 offences
(1) Proceedings for an offence arising under Division 1 of Part 2 may be dealt with:(a) (Repealed)(b) summarily before the Land and Environment Court in its summary jurisdiction, or(c) on indictment before the Supreme Court.(2) (Repealed)(3) If proceedings are brought in the Land and Environment Court, the maximum penalty that the Court may impose for the offence is, notwithstanding any other provision of this Act, $1,000,000 in the case of a corporation or, in any other case, $250,000 or 2 years imprisonment, or both.s 11: Am 1990 No 84, Sch 1 (16).
11A Nature of proceedings for Tier 2 offences
(1) Proceedings for an offence arising under Division 2 of Part 2 may be dealt with:(a) summarily before a Local Court constituted by a Magistrate sitting alone, or(b) summarily before the Land and Environment Court in its summary jurisdiction.(2) If proceedings are brought in a Local Court, the maximum penalty that the Local Court may impose for the offence is, notwithstanding any other provision of this Act, $10,000.s 11A: Ins 1990 No 84, Sch 1 (17).
12 Time within which summary proceedings may be commenced
(1) Proceedings for an offence against this Act may be commenced:(a) in the case of a prescribed offence—within but not later than 3 years after the date on which the offence is alleged to have been committed, or(b) in any other case—within but not later than 12 months after that date.(2) Proceedings for an offence against this Act may also be commenced:(a) in the case of a prescribed offence—within but not later than 3 years after the date on which evidence of the alleged offence first came to the attention of any relevant authorised officer, or(b) in any other case—within but not later than 12 months after that date.(3) If subsection (2) is relied on for the purpose of commencing proceedings for an offence, the information or application must contain particulars of the date on which evidence of the offence first came to the attention of any relevant authorised officer and need not contain particulars of the date on which the offence was committed. The date on which evidence of the offence first came to the attention of any relevant authorised officer is the date specified in the information or application, unless the contrary is established.(4) This section applies only to proceedings that are to be dealt with summarily.(5) This section applies despite anything in the Justices Act 1902 or any other Act.(6) This section extends to offences committed before the substitution of this section by the Environmental Legislation Amendment (Enforcement) Act 1996.(7) In this section:means a person who is an authorised officer for any purpose under the Clean Air Act 1961, the Clean Waters Act 1970, the Noise Control Act 1975, the Pollution Control Act 1970 or the Waste Minimisation and Management Act 1995, whether or not the person has the functions of an authorised officer in connection with the offence concerned.evidence of an offence means evidence of any act or omission constituting the offence.prescribed offence means an offence arising under:(a) Division 1 of Part 2 of this Act, or(b) section 16 of the Clean Air Act 1961, or(c) section 19 of the Clean Waters Act 1970, or(d) section 27 of the Noise Control Act 1975, or(e) section 44, 45, 63 or 64 of the Waste Minimisation and Management Act 1995.means:(a) in relation to proceedings for an offence instituted by or with the consent of the Environment Protection Authority or a member of the staff of that Authority—any authorised officer who is a member of the staff of that Authority, or(b) in relation to proceedings for an offence instituted by or with the consent of the council of a local government area or an employee of such a council—any authorised officer who is an employee of that council, or(c) in relation to proceedings for an offence instituted by any other person—any authorised officer.s 12: Subst 1990 No 84, Sch 1 (18). Am 1995 No 102, Sch 6.2 [4] [5]. Subst 1996 No 101, Sch 1.
13 Consent to institution of proceedings
(1) Proceedings for an offence against this Act may be instituted only with the written consent of:(a) the Environment Protection Authority, or(b) a member of the staff of that Authority authorised in writing by that Authority for the purposes of this subsection.(2) (Repealed)(2A) Subsection (1) does not apply to the institution of proceedings in the Land and Environment Court for an offence against this Act by a person if the Court grants the person leave to bring the proceedings. The Court is not to grant leave unless satisfied that:(a) the Environment Protection Authority has decided not to take any relevant action (as defined in subsection (2B)) in respect of the act or omission constituting the alleged offence against this Act or has not made a decision on whether to take such action within 90 days after the person applied to the Authority for consent to institute the proceedings, and(b) the Environment Protection Authority has been notified of the proceedings, and(c) the proceedings are not an abuse of the process of the Court, and(d) the particulars of the offence disclose, without any hearing of the evidence, a prima facie case of the commission of the offence against this Act.(2B) Relevant action for the purposes of subsection (2A) is not limited to the institution of criminal proceedings, but includes action under any Act to require the defendant to prevent, control, abate or mitigate any harm to the environment caused by the alleged offence against this Act or to prevent the continuance or recurrence of that alleged offence.(3) Subsection (1) does not apply to the institution of proceedings for an offence arising under the Clean Air Act 1961:(a) by a council of a local government area or an employee of a council of a local government area:(i) if the offence was committed in relation to premises other than scheduled premises within the meaning of that Act, and(ii) if the proceedings are instituted with the consent of the council or with the written consent of such member or employee of the council as may be authorised by the council for the purposes of this subsection, or(b) in the case of an offence prescribed under section 18B (1) (e) of the Traffic Act 1909, whether or not the offence has been dealt with under section 18B of that Act—by a police officer.(4) Subsection (1) does not apply to the institution of proceedings arising under the Clean Waters Act 1970, other than proceedings for an offence referred to in section 19 of that Act:(a) by a council of a local government area or an employee of a council of a local government area—if the proceedings are instituted with the consent of the council or with the written consent of such member or employee of the council as may be authorised by the council for the purposes of this subsection, or(b) by any other person—if the proceedings are instituted with the consent of the Water Board, the Hunter Water Board or a Water Supply Authority (within the meaning of the Water Supply Authorities Act 1987) or with the written consent of such person as may be authorised by such a Board or Authority for the purposes of this subsection.(5) Subsection (1) does not apply to the institution of proceedings arising under the Noise Control Act 1975:(a) by a council of a local government area or an employee of a council of a local government area:(i) if the offence was committed otherwise than in relation to scheduled premises or vessels in navigable waters within the meaning of that Act, and(ii) if the proceedings are instituted with the consent of the council or with the written consent of such member or employee of the council as may be authorised by the council for the purposes of this subsection, or(b) by an officer or employee of the Waterways Authority:(i) if the offence was committed in relation to vessels in navigable waters within the meaning of that Act, and(ii) if the proceedings are instituted with the consent of the Waterways Authority or with the written consent of such officer or employee of the Waterways Authority as may be authorised by the Waterways Authority for the purposes of this subsection, or(c) by a police officer.(5A) Subsection (1) does not apply to the institution of proceedings for an offence against section 8F:(a) by an employee of a council of a local government area, if the proceedings are instituted with the consent of the council or with the written consent of such member or employee of the council as may be authorised by the council for the purposes of this subsection, or(b) by a police officer.(5B) Subsection (1) does not apply to the institution of proceedings for an offence arising under Part 6 of the Waste Minimisation and Management Act 1995 by an employee of a council of a local government area if the proceedings are instituted with the consent of the council (or with the written consent of such member or employee of the council as may be authorised by the council for the purposes of this subsection).(6) This section does not apply to the issue of penalty notices under section 8G or to proceedings referred to in section 8G (6).s 13: Am 1990 No 84, Sch 1 (19); 1991 No 60, Sch 3; 1991 No 94, Sch 1; 1992 No 34, Sch 1; 1993 No 46, Sch 1; 1995 No 13, Sch 4.6 [1]; 1995 No 102, Sch 6.2 [6].
Part 4 Restoration, compensation and damages
14 Orders for restoration, prevention and compensation
(1) In addition to imposing a penalty for an offence arising under Division 1 or 2 of Part 2, a court may order the person convicted to take such steps as are specified in the order, within such time as is so specified (or such further time as the court on application may allow), to prevent, control, abate or mitigate any harm to the environment caused by the commission of the offence or to prevent the continuance or recurrence of the offence.(2) In addition to imposing a penalty for an offence arising under Division 1 or 2 of Part 2, a court may, where it appears to the court that:(a) a public authority has incurred costs and expenses in connection with the prevention, control, abatement or mitigation of any such harm, ororder the person so convicted to pay to the public authority or person the costs and expenses so incurred, or compensation for loss of or damage to property so suffered, as the case may be, in such amount as is fixed by the order.(b) a person (including a public authority) has, by reason of the commission of the offence, suffered loss of or damage to property or has incurred costs and expenses in preventing or mitigating, or in attempting to prevent or mitigate, any such loss or damage,(3) An order made by the Land and Environment Court under subsection (2) is enforceable as if it were an order made by the Court in Class 4 proceedings under the Land and Environment Court Act 1979.s 14: Am 1990 No 84, Sch 1 (20) (21).
15 Recovery of damages
(1) If, after the date of conviction of any person for an offence arising under Division 1 or 2 of Part 2:(a) a public authority has incurred costs and expenses in connection with the prevention, control, abatement or mitigation of any harm to the environment caused by reason of the commission of the offence, orthe person or public authority may recover from any person convicted of the offence the costs and expenses incurred or the amount of the loss or damage in the Land and Environment Court or any other court of competent jurisdiction.(b) a person (including a public authority) has, by reason of the commission of the offence, suffered loss of or damage to property or has incurred costs and expenses in preventing or mitigating, or in attempting to prevent or mitigate, any such loss or damage,(2) The amount of any such costs and expenses (but not the amount of any such loss or damage) may be recovered as a debt.s 15: Am 1990 No 84, Sch 1 (20).
16 Restraining order over property of defendant
(1) Where:(a) proceedings have been taken against a person for an offence arising under Division 1 or 2 of Part 2 and, as a result of those proceedings the defendant may be required to pay an amount referred to in section 14 (2), orthe person bringing the proceedings may apply for an order directing that any property of the defendant is not to be disposed of, or otherwise dealt with, by the defendant or by any other person, except in such manner and in such circumstances (if any) as are specified in the order.(b) proceedings are taken under section 15,(2) The application may be made:(a) in the case of proceedings taken before a Local Court—to the Land and Environment Court, and(b) in any other case—to the court before which the proceedings are brought.(3) On such an application:(a) the court may, if it thinks fit, require the person making the application to give notice of the application to a person who the court has reason to believe has an interest in the property or part of the property, and(b) a person to whom the court requires notice to be given under paragraph (a) is entitled to appear and to adduce evidence at the hearing of the application.(4) On such an application, the court may, if it is satisfied that there is a real risk that the defendant will dispose of, or otherwise deal with, his or her assets in order to avoid paying an amount referred to in section 14 (2) or 15 (1), make an order directing that any property of the defendant is not to be disposed of, or otherwise dealt with, by the defendant or by any other person, except in such manner and in such circumstances (if any) as are specified in the order.(5) The court may refuse to make an order if the person making the application refuses or fails to give to the court such undertakings as the court considers appropriate with respect to the payment of damages or costs, or both, in relation to the making and operation of the order.s 16: Am 1990 No 84, Sch 1 (20).
17 Court may make further orders
(1) If the court makes a restraining order, the court may, at the time when it makes the restraining order or at any later time, make any ancillary orders that the court considers appropriate, and without limiting the generality of this, the court may make any one or more of the following orders:(a) an order for the examination on oath of:(i) the defendant, orbefore the court, or an officer of the court prescribed by the rules of court, concerning the affairs of the defendant, including the nature and location of any property of the defendant,(ii) another person,(b) an order varying the restraining order in respect of the property to which it relates,(c) an order varying any conditions to which the restraining order was subject.(2) An order under this section may be made on application:(a) by the applicant for the restraining order, or(b) by the defendant, or(c) with the leave of the court—by any other person.
18 Charge on property subject to restraining orders
(1) If:(a) the court has made a restraining order in respect of particular property or all of the property of the defendant, andthere is created by force of this section, on the making of the order, a charge on all the property to which the restraining order applies to secure the payment to a public authority or person of the amount referred to in section 14 (2) or 15 (1).(b) the court orders the payment of an amount referred to in section 14 (2) or 15 (1),(2) Such a charge ceases to have effect in respect of the property:(a) on payment by the defendant to a public authority or person of the amount referred to in section 14 (2) or 15 (1), or(b) on the sale or other disposition of the property with the consent of the court, orwhichever first occurs.(c) on the sale of the property to a purchaser in good faith for value who, at the time of the purchase, has no notice of the charge,(3) Such a charge:(a) is subject to every charge or encumbrance to which the property was subject immediately before the penalty was imposed or the order was made and, in the case of land under the provisions of the Real Property Act 1900, is subject to every mortgage, lease or other interest recorded in the Register kept under that Act, and(b) subject to subsection (2), is not affected by any change of ownership of the property.(4) If:(a) such a charge is created on property of a particular kind and the provisions of any law of the State provide for the registration of title to, or charges over, property of that kind, anda person who purchases or otherwise acquires the property after the registration of the charge is, for the purposes of subsection (2), to be taken to have notice of the charge.(b) the charge is so registered,(5) Where a charge under this section relates to land under the provisions of the Real Property Act 1900, the charge has no effect until it is registered under that Act.
19 Registration of restraining orders
(1) If a restraining order applies to property of a particular kind and the provisions of any law of the State provide for the registration of title to, or charges over, property of that kind, the authority responsible for administering those provisions is required, on application by any person, to record the particulars of the restraining order on the register kept under those provisions.(2) If the particulars of a restraining order are so recorded, a person who subsequently deals with the property is, for the purposes of section 18, to be taken to have notice of the restraining order.(3) If a restraining order applies to land under the provisions of the Real Property Act 1900, a caveat may be lodged under that Act in relation to the order.
20 Contravention of restraining orders
(1) A person who knowingly contravenes a restraining order by disposing of, or otherwise dealing with, property that is subject to the restraining order is guilty of an offence and punishable, on conviction, by a fine equivalent to the value of the property (as determined by the court) or by imprisonment for a period not exceeding 2 years, or both.(2) If:(a) a restraining order is made against property, and(b) the property is disposed of, or otherwise dealt with, in contravention of the restraining order, andthe person who applied for the restraining order may apply to the court for an order that the disposition or dealing be set aside.(c) the disposition or dealing was either not for sufficient consideration or not in favour of a person who acted in good faith,(3) If an application is made under subsection (2) in relation to a disposition or dealing, the court may make an order:(a) setting aside the disposition or dealing as from the day on which the disposition or dealing took place, or(b) setting aside the disposition or dealing as from the day of the order under this subsection and declaring the respective rights of any persons who acquired interests in the property on or after the day on which the disposition or dealing took place and before the day of the order.
21 Courts may revoke restraining orders
If, in reliance on the charging of a person with an offence arising under Division 1 or 2 of Part 2, the court has made a restraining order, the court may, on application made to it by the person, revoke the order if the person:(a) gives security satisfactory to the court for the payment of any amount referred to in section 14 (2) or 15 (1) that may be imposed on or ordered to be paid by the person under this Act in respect of the person’s conviction for the offence, or(b) gives undertakings satisfactory to the court concerning the person’s property.s 21: Am 1990 No 84, Sch 1 (20).
22 Time when restraining order ceases to be in force
If, when a restraining order was made in reliance on the charging of a person with an offence arising under Division 1 or 2 of Part 2:(a) the charge is withdrawn and the person is not charged with a related offence by the time of the withdrawal, the restraining order ceases to be in force when the charge is withdrawn, or(b) the person is acquitted of the charge and the person is not charged with a related offence by the time of the acquittal, the restraining order ceases to be in force when the acquittal occurs.s 22: Am 1990 No 84, Sch 1 (20).
Part 5 General
23 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
24 Appointment of persons to exercise certain functions
(1) This section applies to a public body, being:(a) the council of a local government area, or(b) a county council within the meaning of the Local Government Act 1993, or(c) any other public body which:(i) is constituted by or under an Act, and(ii) is not subject to the control or direction of a Minister.(2) If, in the opinion of the Governor, the environment is harmed or is likely to be harmed because of:(a) the failure or refusal of a public body to which this section applies to exercise a function conferred or imposed on the body by or under an Act, orthe Governor may, by proclamation, appoint another person to exercise such functions of the body as are specified in the proclamation.(b) the manner in which the body exercises such a function,(3) The person so appointed is to be taken, during the period of the appointment, to have the functions specified in the person’s appointment and to have those functions to the exclusion of the body which would, but for the appointment, have those functions.(4) A proclamation under subsection (2), unless sooner revoked, ceases to have effect on the expiration of 21 sitting days of the Legislative Assembly after it is made.(5) The Governor may, by proclamation, revoke or amend the terms of an appointment under this section at any time before the proclamation ceases to have effect.(6) The regulations may make provision for or with respect to the functions of a person in connection with the person’s appointment and, in particular, for or with respect to:(a) the remuneration of the person, and(b) the incurring of expenditure by the person, and(c) requiring other persons to render all necessary assistance to the person in the exercise of a function specified in the person’s appointment.s 24: Am 1995 No 11, Sch 1.40.
25 Restraint of breaches of an Act or statutory rule which harm the environment
(1) Any person may bring proceedings in the Land and Environment Court for an order to restrain a breach (or a threatened or apprehended breach) of this or any other Act, or any statutory rule under an Act, if the breach (or the threatened or apprehended breach) is causing or is likely to cause harm to the environment.(2) Any such proceedings may be brought whether or not any right of that person has been or may be infringed by or as a consequence of the breach (or the threatened or apprehended breach).(3) Any such proceedings may only be brought with the leave of the Court. Before granting leave, the Court must be satisfied that:(a) the proceedings are not an abuse of the process of the Court, and(b) there is a real or significant likelihood that the requirements for the making of an order under this section will be satisfied, and(c) it is in the public interest that the proceedings should be brought.(4) A person (other than the Environment Protection Authority or a member of the staff of that Authority) who brings any such proceedings is required to serve a copy of the application on that Authority as soon as practicable after the application is made. The Environment Protection Authority is entitled to become a party to those proceedings.(5) If the Court is satisfied that a breach, or a threatened or apprehended breach, will, unless restrained by order of the Court, be committed or be likely to be committed, it may make such orders as it thinks fit to restrain the breach or other conduct of the person by whom the breach is committed or by whom the threatened or apprehended breach is likely to be committed.(6) Without limiting the powers of the Court under this section, an order under this section may suspend any pollution control authority.(7) In this section, statutory rule means a regulation, by-law, rule or ordinance:(a) that is made by the Governor, or(b) that is made by a person or body other than the Governor, but is required by law to be approved or confirmed by the Governor.s 25: Am 1991 No 60, Sch 3.
26 Minister may revoke or suspend authorities granted under other Acts
(1) If:(a) the holder of a pollution control authority, oris convicted of a pollution offence, the Minister may, by notice in writing served on the person, revoke the authority or suspend it for such portion of its unexpired term as the Minister thinks fit.(b) the occupier of premises the subject of a pollution control authority,(2) Where another Minister is responsible for the administration of the Act or regulations under which the pollution control authority is granted, the Minister is to consult with that Minister before revoking or suspending the authority under this section.(3) In this section, pollution offence means an offence the commission of which has caused or is likely to cause harm to the environment.
27 Evidence of analysts
(1) The Environment Protection Authority may, by instrument in writing, appoint appropriately qualified persons to be analysts for the purposes of this Act.(2) A certificate of such an analyst stating the result of an analysis or examination is admissible in evidence in any proceedings for an offence against this Act as evidence of the facts stated in the certificate and of the correctness of the result of the analysis or examination.(3) For the purposes of this section, a document purporting to be a certificate under this section is, unless the contrary is proved, to be taken to be such a certificate.s 27: Am 1991 No 60, Sch 3.
27A Exemptions for Fire Brigades, rural fire brigades and other emergency services
Despite anything to the contrary in this Act, a person is not guilty of an offence against this Act for anything done or not done in good faith as a member of the Fire Brigade, a rural fire brigade, the State Emergency Service or other officially accredited rescue unit.s 27A: Ins 1991 No 60, Sch 3. Am 1997 No 65, Sch 4.8.
28 Regulations
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
29 Amendment of the Land and Environment Court Act 1979 No 204
The Land and Environment Court Act 1979 is amended:(a) by inserting after section 20 (1) (ch) the following paragraph:(ci) proceedings under section 15 or 25 of the Environmental Offences and Penalties Act 1989,(b) by inserting after section 21 (c) the following paragraph:(ca) proceedings under section 5, 6 or 10 of the Environmental Offences and Penalties Act 1989,
30 Amendment of the State Pollution Control Commission Act 1970 No 95
The State Pollution Control Commission Act 1970 is amended:(a) by omitting from paragraph (d) of the definition of Pollution Control Acts in section 5 the word “and”,(b) by inserting at the end of paragraph (e) of the definition of Pollution Control Acts in section 5 the following word and paragraph:and(c) by omitting section 17P (2) and by inserting instead the following subsection:(2) Any particulars so supplied to the Commission are admissible in evidence in any prosecution of that holder for any offence against a Pollution Control Act, whether or not the particulars might tend to incriminate that holder.(d) by inserting in the definition of Pollution Control Acts in section 30B (4) after the matter “1985” the words “or the Environmental Offences and Penalties Act 1989”.
31 Savings, transitional and other provisions
Schedule 3 has effect.s 31: Ins 1990 No 84, Sch 1 (22).
Schedule 1 Penalties for Tier 2 offences
(Sections 8A, 8B, 8C, 8D, 8DA)
Part 1 Offences arising under the Clean Air Act 1961
Provision of Act | Nature of offence | Penalty |
Section 17 (6) | Failing to furnish reports in accordance with notice | $3,000 |
Section 20 (7) | Failing to furnish reports in accordance with notice | $3,000 |
Section 21EA (3) | Using motor vehicle if direction to install anti-pollution device not complied with | $3,000 |
Section 21EA (6) | Removing, obliterating or interfering with prescribed label affixed to motor vehicle | $3,000 |
Section 21G (1) | Corporation failing to furnish information as required in connection with motor vehicle | $10,000 |
Section 21G (1) | Individual failing to furnish information as required in connection with motor vehicle | $5,000 |
Section 23 (1) | Corporation failing to furnish information as required generally | $10,000 |
Section 23 (1) | Individual failing to furnish information as required generally | $5,000 |
Section 23A (1) | Corporation failing to measure air pollution as required | $30,000 |
Section 23A (1) | Individual failing to measure air pollution as required | $10,000 |
Section 24A | Contravening general order prohibiting the burning of fires | $1,500 |
Section 24B | Contravening particular order to extinguish fire or not to light fire | $1,500 |
Section 27 (5) | Corporation obstructing authorised officer in exercise of powers generally | $10,000 |
Section 27 (5) | Individual obstructing authorised officer in exercise of powers generally | $5,000 |
Section 27A (3) | Obstructing authorised officer in exercise of powers to sample tanker loads | $15,000 |
Part 2 Offences arising under the Clean Waters Act 1970
Provision of Act | Nature of offence | Penalty |
Section 27A | Failing to clean up pollution as required by notice | $15,000 |
Section 28 (2) | Corporation failing to furnish information as required | $10,000 |
Section 28 (2) | Individual failing to furnish information as required | $5,000 |
Section 29 (4) | Obstructing authorised officer in exercise of powers generally | $10,000 |
Section 29A | Obstructing authorised officer in exercise of powers to sample tanker loads | $15,000 |
Part 3 Offences arising under the Noise Control Act 1975
Provision of Act | Nature of offence | Penalty |
Section 53 | Contravening noise abatement order | $1,500 |
Section 60 (1) | Contravening noise abatement direction under section 59 (a) | $1,500 |
Section 60 (2) | Contravening noise abatement direction under section 59 (b) | $1,500 |
Section 61A (3) | Failing to furnish name and address as required | $1,500 |
Section 61A (4) | Furnishing false or misleading information | $1,500 |
Section 74 (4) | Failing to furnish information as required | $5,000 |
Section 76 (6) | Obstructing authorised officer in exercise of powers | $5,000 |
Part 4 Offences arising under the Pollution Control Act 1970
Provision of Act | Nature of offence | Penalty |
Section 23 (4) | Failing to comply with requirements of notice | $5,000 |
Section 23 (5) | Furnishing false or misleading information | $5,000 |
Section 24 (2) | Obstructing authorised officer in exercise of powers | $5,000 |
Section 25 (2) | Failing to furnish information as required | $5,000 |
Section 26 (1) | Unlawfully disclosing information obtained under Act | $10,000 |
Part 5 Offences arising under the Waste Minimisation and Management Act 1995
Provision of Act | Nature of offence | Penalty |
Section 34 (4) | Failing to comply with notice to provide information | $10,000 |
Section 59 (6) (a) | Failing to comply with requirements of approved closure plan | $15,000 |
Section 59 (6) (b) | Failing to comply with direction by EPA | $15,000 |
Section 66 (2) | Failing to comply with requirement to provide information | $15,000 |
Section 67 (2) | Failing to comply with direction by EPA | $15,000 |
Section 69 (4) | Failing to comply with requirements of notice, or providing false information or evidence at inquiry | $5,000 |
Section 70 (4) | Obstructing, or failing to comply with requirement of, authorised officer | $10,000 |
Section 85 | Providing false information | $10,000 |
Section 86 | Unlawfully disclosing information obtained under Act | $10,000 |
sch 1: Ins 1990 No 84, Sch 1 (23). Am 1991 No 60, Sch 3; 1991 No 94, Sch 1; 1995 No 99, Sch 1.7 [3]–[12]; 1995 No 102, Sch 6.2 [7] [8]; 1998 No 155, Sch 2 [5].
Schedule 2 Penalty notices
(Section 8G)
Part 1 Authorised officers
1
In this Schedule, a number included in Part 2 under the heading “Officer” is a reference to an officer or employee of a class identified by that number.
2
For the purposes of this Schedule:being an officer or employee who is duly authorised, by the authority of which he or she is such an officer or employee, to exercise the functions of an authorised officer under section 8G.
(a) a class 1 officer means (except as provided by clause 4) an employee of a council of a local government area, and
(b) a class 2 officer means an officer or employee of the Environment Protection Authority, and
(c) (Repealed)
(d) a class 4 officer means an officer or employee of the National Parks and Wildlife Service, and
(e) a class 5 officer means an officer or employee of the Waterways Authority, and
(f) a class 6 officer means a police officer, and
(g) a class 7 officer means an officer or employee of the Water Board, of the Hunter Water Board 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), and
(h) a class 8 officer means an officer or employee of the Forestry Commission,
2A
For the purposes of this Schedule, a class 9 officer means the Chief Executive Officer or a member of staff of the Sydney Harbour Foreshore Authority, or an officer or employee of a body corporate providing services under an arrangement with the Authority whereby the officer or employee is acting under the direction and control of the Authority, who is duly authorised by the Authority to exercise the functions of an authorised officer under section 8G.
3
For the purposes of this Schedule, a class 9 officer means an officer or employee of the Darling Harbour Authority, or an officer or employee of a body corporate providing services under an arrangement with the Authority whereby the officer or employee is acting under the direction and control of the Authority, who is duly authorised by the Authority to exercise the functions of an authorised officer under section 8G.
4
For the purposes of this Schedule, a class 1 officer does not include an employee of a council of a local government area in relation to an offence arising under the Clean Waters Act 1970 or the Clean Waters Regulations 1972 that is referred to in this Schedule if the offence:
(a) is alleged to have been committed by a public authority, or
(b) concerns an activity or drain that is licensed under the Pollution Control Act 1970.
5
For the purposes of this Schedule, a class 10 officer means an employee of a council of a local government area who is appointed under section 81 of the Waste Minimisation and Management Act 1995 as an authorised officer for the purposes of sections 65 and 66 of that Act.
Part 2 Offences for which penalty notices may be issued
Provision of Act | Short description | Officer | Penalty |
Section 8F (1): Deposit refuse in a public place without lawful authority | Deposit refuse in a public place without lawful authority | 1, 2, 4, 5, 6, 8, 9 | $200 |
Provision of Act | Short description | Officer | Penalty |
Section 21B (a): Sell or supply for sale, exhibit or offer for sale, or conduct negotiations for the sale of, any motor vehicle that emits excessive air impurities | Sell/supply/exhibit/offer/conduct negotiations for sale of polluting vehicle | 2 | $600 |
Section 21BA (1) (a): Remove, disconnect or impair a prescribed anti-pollution device or any other device designed or intended to minimise pollution of the air, or cause or allow any such device to be removed, disconnected or impaired | Remove/disconnect/impair/cause/allow removal/disconnection/impairment of pollution device | 2 | $600 |
Section 21BA (1) (b): Adjust or modify a prescribed anti-pollution device, any other device designed or intended to minimise air pollution or any motor vehicle so that the motor vehicle emits excessive air impurities | Adjust/modify pollution control device/vehicle so that vehicle pollutes | 2 | $600 |
Section 21BA (3): Service or repair a motor vehicle, or cause or allow a motor vehicle to be serviced or repaired, in a manner prohibited by the regulations | Service/repair vehicle/cause/allow vehicle to be serviced/repaired contrary to regulations | 2 | $600 |
Section 21C (1): Being owner of motor vehicle required to be fitted with prescribed anti-pollution device, use motor vehicle, or cause or allow motor vehicle to be used, without device being duly fitted | Use vehicle/cause/allow use of vehicle without pollution device | 2 | $600 |
Section 21C (2): Sell or supply for sale, exhibit or offer for sale, or conduct negotiations for sale of, any motor vehicle required to be fitted with prescribed anti-pollution device without device being duly fitted | Sell/supply/exhibit/offer/negotiate sale of vehicle without pollution device | 2 | $600 |
Section 21EA (3): Use motor vehicle in respect of which a section 21EA direction has been given, or cause or allow such a motor vehicle to be used, knowing that such a direction has been given but has not been complied with within the time allowed by the notice | Use/cause/allow use of vehicle subject to notice to fit/refit/reconnect/repair/readjust/restore pollution device | 2 | $300 |
Section 21EA (6): Remove prescribed label affixed to a motor vehicle or obliterate or interfere with any such label | Remove/obliterate/interfere with prescribed label affixed to vehicle | 2 | $300 |
Section 21N (1): Place in the fuel tank of a motor vehicle that is required to be fuelled with unleaded petrol any petrol which contains more than the prescribed mass of lead or phosphorus or any additive which would result in any petrol in the fuel tank containing more than the prescribed mass of lead or phosphorus | Put leaded fuel/leaded fuel additive in unleaded fuel vehicle | 2 | $600 |
Section 21N (2): Operate a motor vehicle that is required to be fuelled with unleaded petrol with petrol which contains more than the prescribed mass of lead or phosphorus | Use leaded fuel in unleaded fuel vehicle | 2 | $600 |
Section 24A (5): Neglect or fail to comply with an order under section 24A | Neglect/fail to comply with general fire ban order | 1, 2, 4 | $200 |
Section 24B (3) (a): Neglect or fail to comply with direction to extinguish fire | Neglect/fail to comply with direction to extinguish fire | 1, 2, 4 | $200 |
Section 24B (3) (b): Light or maintain a fire or suffer a fire to be lit or maintained in contravention of direction to extinguish fire | Light/maintain fire/suffer fire to be lit/maintained in contravention of direction to extinguish fire | 1, 2, 4 | $200 |
Section 32 (1) (b): Neglect or fail to comply with requirement under section 21G | Neglect/fail to comply with requirement under section 21G | 2 | $300 |
Clean Air (Control of Burning) Regulation 1995
Provision of Regulation | Short description | Officer | Penalty |
Clause 5 (1): Burn anything by open fire in a Schedule 1 area otherwise than as permitted | Burn by open fire in Schedule 1 area | 1, 2, 4 | $200 |
Clause 6 (1): Burn anything in an incinerator in a Schedule 2 area otherwise than as permitted | Burn in incinerator in Schedule 2 area | 1, 2, 4 | $200 |
Clause 7: Burn anything otherwise than by such means as prevent or minimise air pollution | Burn otherwise than so as to prevent/minimise air pollution | 1, 2, 4 | $200 |
Provision of Regulation | Short description | Officer | Penalty |
Clause 13 (1): Operate a motor vehicle propelled by a spark ignition engine knowing that there is present, in the vehicle’s fuel tank, a lead concentration of more than 0.2 grams per litre of petrol | Operate vehicle with over 0.2 grams lead per litre petrol | 2 | $300 |
Clause 14 (1): Sell petrol for use in the operation of a motor vehicle while there is present in the petrol a lead concentration of more than 0.2 grams per litre | Sell petrol with over 0.2 grams lead per litre | 2 | $300 |
Clause 21 (3) (a): Sell motor vehicle requiring unleaded petrol while vehicle does not comply with requirements of clause 21 | Sell unleaded fuel vehicle contrary to clause 21 | 2 | $300 |
Clause 21 (3) (b): Being owner of motor vehicle requiring unleaded petrol, use vehicle, or cause or allow vehicle to be used, while vehicle does not comply with requirements of clause 21 | Use unleaded fuel vehicle/cause/allow use of unleaded fuel vehicle contrary to clause 21 | 2 | $300 |
Clause 22 (2) (a): Sell motor vehicle requiring unleaded petrol while vehicle does not comply with requirements of clause 22 | Sell unleaded fuel vehicle contrary to clause 22 | 2 | $600 |
Clause 22 (2) (b): Being owner of motor vehicle requiring unleaded petrol, use vehicle, or cause or allow vehicle to be used, while vehicle does not comply with requirements of clause 22 | Use unleaded fuel vehicle/cause/allow use of unleaded fuel vehicle contrary to clause 22 | 2 | $600 |
Clause 23 (1) (a): Being petrol retailer, fail to display in a conspicuous position beside or on each petrol pump words indicating that only unleaded petrol may be used in vehicles marked for unleaded petrol and that the use of leaded petrol in such a vehicle is an offence | Petrol retailer fail to notify that vehicles to use unleaded petrol | 2 | $300 |
Clause 23 (1) (b): Being petrol retailer, fail to display in a conspicuous position on each petrol pump words indicating whether petrol from that pump is leaded or unleaded | Petrol retailer fail to distinguish leaded from unleaded pumps | 2 | $300 |
Clause 24 (a): Being a petrol retailer, fail to fit pump dispensing leaded petrol with a nozzle spout having a discharge end with an outside diameter of at least 23.6 millimetres | Leaded petrol pump nozzle too narrow | 2 | $300 |
Clause 24 (b): Being a petrol retailer, fail to fit pump dispensing unleaded petrol with a nozzle spout having a discharge end with an outside diameter of less than 21.3 millimetres | Unleaded petrol pump nozzle too wide | 2 | $300 |
Clause 25 (2): Being the occupier of premises from which petrol is sold to the public, transfer petrol into a motor vehicle’s fuel tank, or cause or allow petrol to be transferred into a motor vehicle’s fuel tank, by means of a petrol delivery hose whose nozzle is not fitted with an automatic over-fill protection device | Fill vehicle/cause/allow filling of vehicle without petrol over-fill device | 2 | $300 |
Clause 25 (3): Transfer petrol into a motor vehicle’s fuel tank by means of a hose whose nozzle is not fully inserted into the fuel tank’s filler-pipe | Petrol hose not fully inserted into fuel tank | 2 | $300 |
Clause 28 (2): Fail to comply with a direction given by an authorised officer to stop a motor vehicle and/or to do whatever the authorised officer considers reasonably necessary to enable the motor vehicle to be tested or inspected | Fail to comply with direction to stop/test/inspect vehicle | 2 | $300 |
Clause 29 (4): Fail to comply with the terms of a motor vehicle inspection notice without lawful excuse | Fail to comply with vehicle inspection notice | 2 | $300 |
Provision of Regulation | Short description | Officer | Penalty |
Clause 8 (1): Operate fuel burning equipment in the Sydney, Wollongong, Newcastle or Central Coast Metropolitan Area on liquid fuel having a sulphur content of more than 0.5 per cent by weight | Operate equipment in Sydney/Wollongong/Newcastle/Central Coast with fuel over 0.5 per cent sulphur | 2 | $600 |
Clause 8 (2): Operate fuel burning equipment outside the Sydney, Wollongong, Newcastle or Central Coast Metropolitan Area on liquid fuel having a sulphur content of more than 2.5 per cent by weight | Operate equipment outside Sydney/Wollongong/Newcastle/Central Coast with fuel over 2.5 per cent sulphur | 2 | $600 |
Clause 24 (2): Being owner of a large tank vehicle, use the tank vehicle, or allow it to be used, to load or unload volatile organic liquid without the tank vehicle being fitted with the prescribed control equipment for large tank vehicles | Use tank vehicle/allow tank vehicle to be used without control equipment | 2 | $600 |
Clause 25 (2): Being person in charge of a large tank vehicle being loaded with volatile organic liquid from large loading plant, fail to ensure that the delivery tank on the vehicle is properly connected to the vapour collection system of that plant | Fail to ensure delivery tank connected to vapour collection system | 2 | $600 |
Clause 25 (3): Being person in charge of a large tank vehicle loading volatile organic liquid into a small storage tank, fail to ensure that the vapour reduction requirements of clause 25 (3) are complied with | Fail to observe vapour reduction requirements during unloading | 2 | $600 |
Clause 25 (4): Being person in charge of a large tank vehicle loading volatile organic liquid into a small storage tank, leave open any hatch, manhole or other cover on any delivery tank mounted on the vehicle if to do so would be likely to result in vapour being emitted to the atmosphere | Leave open hatch/manhole/cover | 2 | $600 |
Clause 27 (3): Being the occupier of premises, fail to comply with requirement specified in notice under clause 27 (1) | Fail to comply with clause 27 (1) notice | 2 | $300 |
Provision of Act | Short description | Officer | Penalty |
Section 16 (1): Pollute waters | Pollute waters | 1, 2, 5, 7 | $600 |
Section 16 (3): Cause waters to be polluted, whether intentionally or not | Cause waters to be polluted | 1, 2, 5, 7 | $600 |
Section 16 (4): Permit waters to be polluted | Permit waters to be polluted | 1, 2, 5, 7 | $600 |
Section 17 (1): Being a person in whom land is vested, or who has the care, control and management of land or who is the occupier of land, from which a drain discharges, or is likely to be used for discharging, pollutants into classified waters | Being owner/occupier of land from which drain discharges/is likely to discharge pollutants into classified waters | 1, 2 | $600 |
Provision of Regulation | Short description | Officer | Penalty |
Regulation 21 (3): Being the occupier of premises, fail to comply with the requirements of a notice served under Regulation 21 (1) or such a notice as varied under Regulation 21 (1A) | Fail to comply with requirements of notice/notice as varied | 1, 2 | $300 |
Regulation 22 (2): Fail to comply with a provision of a notice published under Regulation 22 (1) | Fail to comply with notice published under Regulation 22 (1) | 1, 2 | $300 |
Provision of Act | Short description | Officer | Penalty |
Section 28: Sell article of prescribed class (other than a motor vehicle horn or motor vehicle intruder alarm) if, when in use or operation, the article emits noise that, when measured at any point specified in or determined in accordance with the regulations, is in excess of the level prescribed in respect of the class to which it belongs | Sell noisy article | 2 | $200 |
Section 28: Sell article of prescribed class (other than a motor vehicle horn or motor vehicle intruder alarm) if, when in use or operation, the article emits noise that, when measured at any point specified in or determined in accordance with the regulations, is in excess of the level prescribed in respect of the class to which it belongs by 5dB(A) or more | Sell noisy article 5dB(A) or more above limit | 2 | $400 |
Section 28: Sell article of prescribed class (being a motor vehicle horn or a motor vehicle intruder alarm) if, when in use or operation, the article emits noise that, when measured at any point specified in or determined in accordance with the regulations, is in excess of the level prescribed in respect of the class to which it belongs | Sell noisy horn/alarm | 2 | $300 |
Section 41 (1) (a): Being the occupier of premises, cause, permit or allow a dog to be kept in or on premises if, as a result of keeping the dog, offensive noise is emitted from the premises while noise control notice has effect | Cause/permit/allow dog to make offensive noise while notice has effect | 1, 2, 6 | $200 |
Section 41 (1) (b): Being the occupier of premises, cause, permit or allow a dog to be kept in or on premises in contravention of a condition of a noise control notice if, as a result of the contravention, offensive noise is emitted from the premises | Keep dog in contravention of condition of notice | 1, 2, 6 | $200 |
Section 60 (1) (a): Fail to cause emission of noise from premises to cease in accordance with noise abatement direction | Fail to cause noise emission to cease in accordance with noise abatement direction | 1, 2, 5, 6, 9 | $200 |
Section 60 (1) (b): Cause or permit or allow noise to be emitted from premises within 6 hours after noise abatement direction is given | Cause/permit/allow noise emission within 6 hours after noise abatement direction is given | 1, 2, 5, 6, 9 | $200 |
Section 60 (2) (a): Fail to cease making or contributing to the making of noise in accordance with noise abatement direction | Fail to cease making/contributing to the making of noise in accordance with noise abatement direction | 1, 2, 5, 6, 9 | $200 |
Section 60 (2) (b): Make or contribute to the making of noise emitted from premises within 6 hours after noise abatement direction is given | Make/contribute to the making of noise within 6 hours after noise abatement direction is given | 1, 2, 5, 6, 9 | $200 |
Provision of Regulation | Short description | Officer | Penalty |
Clause 4: Cause or permit a vessel’s siren, whistle, hooter, fog horn or bell to be sounded on navigable waters except for the purposes of navigation | Cause/permit siren/whistle/hooter/fog horn/bell to be sounded | 1, 2, 5, 6 | $200 |
Clause 5: Cause or permit an engine powered vessel to be used on navigable waters in such a way as to emit offensive noise | Cause/permit vessel to emit offensive noise on navigable waters | 1, 2, 5, 6 | $200 |
Clause 6 (1): Cause or permit an engine powered vessel to be used on navigable waters if the vessel’s noise control equipment is not in place and in effective condition and good working order | Cause/permit powered vessel to be used without effective noise control equipment in place/in good working order | 2, 5, 6 | $200 |
Clause 7 (1): Cause or permit the use of any musical instrument or sound system on a vessel in such a manner as to emit noise that can be heard within a room in any residential premises between midnight and 8 am on any day after being warned not to | Cause/permit use of musical instrument/sound system after warning | 1, 2, 5, 6 | $200 |
Clause 9 (1): Being the master of a vessel, fail to comply with any direction to do whatever an authorised officer considers reasonably necessary to enable the vessel to be tested or inspected | Fail to comply with direction | 2, 5, 6 | $300 |
Clause 10 (5): Cause or permit a vessel to be used after a date indicated on a defective vessel notice | Cause/permit vessel to be used contrary to defective vessel notice | 2, 5, 6 | $300 |
Clause 11 (4): Remove, obscure or deface a defective vehicle label from a vessel otherwise than under the direction of an authorised officer | Remove/obscure/deface defective vessel label | 2, 5, 6 | $300 |
Provision of Regulation | Short description | Officer | Penalty |
Clause 19 (1): Cause or permit power tool or swimming pool pump to be used on residential premises in such a manner that it emits noise that can be heard within a room in any other residential premises, during specified hours, within 28 days after being warned not to | Cause/permit repeat of swimming pool pump/power tool noise after warning | 1, 2, 5, 6 | $200 |
Clause 20 (1): Cause or permit musical instrument or sound equipment to be used on residential premises in such a manner that it emits noise that can be heard within a room in any other residential premises, during specified hours, within 28 days after being warned not to | Cause/permit repeat of musical instrument/sound equipment noise after warning | 1, 2, 5, 6 | $200 |
Clause 21 (1): Cause or permit air conditioner to be used on residential premises in such a manner that it emits noise that can be heard within a room in any other residential premises, during specified hours, within 28 days after being warned not to | Cause/permit repeat of air conditioner noise after warning | 1, 2, 5, 6 | $200 |
Clause 22 (1): Being the occupier of premises, cause or permit use of non-complying building intruder alarm that is audible within a room in any other residential premises | Cause/permit use of noisy intruder alarm | 1, 2, 5, 6, 9 | $200 |
Provision of Regulation | Short description | Officer | Penalty |
Clause 9: Sell motor vehicle intruder alarm whose sounding device is operable by means of a panic or override switch | Sell alarm with panic/override switch | 2 | $300 |
Clause 10 (1): Sell dual tone horn, variable tone horn or rising tone horn with certain sound characteristics | Sell non-complying dual/variable/rising tone horn | 2 | $300 |
Clause 11 (1): Cause or permit a motor vehicle to be used in a public place if the motor vehicle is capable of emitting noise at a level in excess of the maximum level prescribed for that kind of motor vehicle | Cause/permit use of noisy vehicle | 2 | $150 |
Clause 11 (1): Cause or permit a motor vehicle to be used in a public place if the motor vehicle is capable of emitting noise at a level between 5 dB(A) and 15 dB(A) in excess of the maximum level prescribed for that kind of motor vehicle | Cause/permit use of vehicle between 5 and 15 dB(A) above limit | 2 | $250 |
Clause 11 (1): Cause or permit a motor vehicle to be used in a public place if the motor vehicle is capable of emitting noise at a level more than 15 dB(A) in excess of the maximum level prescribed for that kind of motor vehicle | Cause/permit use of vehicle more than 15 dB(A) above limit | 2 | $400 |
Clause 12: Cause or permit a motor vehicle to be used in a place (other than a public place) in such a manner as to emit offensive noise | Cause/permit vehicle to emit offensive noise in non-public place | 1, 2, 6 | $200 |
Clause 13 (1): Cause or permit a motor vehicle to be used on residential premises in such a manner that it emits noise that can be heard within a room in any other residential premises, during specified hours, within 28 days after being warned not to | Cause/permit repeat of vehicle noise after warning | 1, 2, 6 | $200 |
Clause 14 (1): Cause or permit a refrigeration unit fitted to a motor vehicle to be used in such a manner that it emits noise that can be heard within a room in any residential premises, during specified hours, within 28 days after being warned not to | Cause/permit repeat of refrigeration unit noise after warning | 1, 2, 6 | $200 |
Clause 15: Cause or permit the sound system of a motor vehicle to be used in such a manner that it emits offensive noise | Cause/permit offensive noise from motor vehicle sound system | 1, 2, 6 | $150 |
Clause 16 (1): Cause or permit a motor vehicle to be used in a public place unless the motor vehicle’s noise control equipment is in place and in effective condition and good working order | Cause/permit vehicle to be used when noise control equipment not in place/ineffective/defective | 2, 6 | $200 |
Clause 16 (2) (a): Remove, or render less effective, a motor vehicle’s noise control equipment | Remove/render less effective noise control equipment | 2, 6 | $200 |
Clause 16 (2) (b): Replace a motor vehicle’s noise control equipment with noise control equipment that is less effective than the motor vehicle’s original noise control equipment when first installed | Fit less effective noise control equipment | 2, 6 | $200 |
Clause 17: Cause or permit a motor vehicle’s engine, or its air intake or exhaust system, to be modified or repaired in such a manner that the noise level of the motor vehicle after the repair or modification exceeds the maximum noise level prescribed in relation to that kind of motor vehicle | Modify/repair engine/air intake system/exhaust system so that noise level exceeds limit | 2 | $200 |
Clause 18 (1) (a): In connection with the use of a motor vehicle in a public place, cause or permit to be used a motor vehicle horn that is capable of emitting noise at a single non-varying loudness and pitch at a noise level of more than 120 dB(A) | Use/cause/permit use of noisy horn with single loudness and pitch | 2 | $200 |
Clause 18 (1) (b): In connection with the use of a motor vehicle in a public place, cause or permit to be used a motor vehicle horn that is capable of emitting noise otherwise than at a single non-varying loudness and pitch at a noise level of more than 85 dB(A) | Use/cause/permit use of a horn with varying loudness and pitch | 2 | $200 |
Clause 19 (a): Cause or permit a telephone to be connected to a motor vehicle horn in such a way that the horn emits noise when the telephone receives a call | Cause/permit telephone to be connected to horn | 1, 2, 6 | $200 |
Clause 19 (b): Cause or permit a telephone to remain connected to a motor vehicle horn in such a way that the horn emits noise when the telephone receives a call | Cause/permit telephone to remain connected to horn | 1, 2, 6 | $200 |
Clause 21: In connection with the use of a motor vehicle, cause or permit to be used a motor vehicle intruder alarm that is capable of being triggered (while the engine of the motor vehicle is running or the ignition of the motor vehicle is turned on) by means of a panic or override switch | Use/cause/permit to be used vehicle with panic/override switch on alarm | 1, 2, 6 | $200 |
Clause 22 (1) (a): Cause or permit a motor vehicle intruder alarm in a motor vehicle manufactured before 1 September 1997 to sound for more than 90 seconds | Cause/permit use of noisy alarm (pre-September 1997 vehicle) | 1, 2, 6, 9 | $200 |
Clause 22 (1) (b): Cause or permit a motor vehicle intruder alarm in a motor vehicle manufactured on or after 1 September 1997 to sound for more than 45 seconds | Cause/permit use of noisy alarm (post-September 1997 vehicle) | 1, 2, 6, 9 | $200 |
Clause 23: Cause or permit a motor vehicle intruder alarm to be sounded unless the alarm is so constructed and regulated that it has a maximum noise level of not more than 115 dB(A) and it cannot be reactivated until it has been manually reset | Cause/permit use of non-complying motor vehicle intruder alarm | 2 | $200 |
Clause 24 (a): Cause or permit a telephone to be connected to a motor vehicle intruder alarm in such a way that the alarm emits noise when the telephone receives a call | Cause/permit telephone to be connected to alarm | 1, 2, 6 | $200 |
Clause 24 (b): Cause or permit a motor vehicle to remain connected to a motor vehicle intruder alarm in such a way that the alarm emits noise when the telephone receives a call | Cause/permit telephone to remain connected to alarm | 1, 2, 6 | $200 |
Clause 26: Fail to comply with a direction given by an authorised officer to stop a motor vehicle and/or to do whatever the authorised officer considers reasonably necessary to enable the motor vehicle or motor vehicle accessory to be tested or inspected | Fail to comply with direction to stop/test/inspect motor vehicle/vehicle accessory | 2, 6 | $300 |
Clause 27 (2): Fail to comply with the terms of a vehicle inspection notice without reasonable excuse | Fail to comply with motor vehicle inspection notice | 2 | $300 |
Clause 29 (5): Cause or permit a motor vehicle to be used after a date indicated on a defective vehicle notice | Use/cause/permit vehicle to be used contrary to defective vehicle notice | 2, 6 | $300 |
Clause 30 (4): Remove, obscure or deface a defective vehicle label from a motor vehicle otherwise than under the direction of an authorised officer | Remove/obscure/deface defective vehicle label | 2, 6 | $300 |
Pollution Control Act 1970
Provision of Act | Short description | Officer | Penalty |
Section 17D (9): Contravene condition of licence issued in relation to Pollution Control Acts | Contravene condition of licence relating to Pollution Control Acts | 2 | $500 |
Section 17K (5): Contravene condition attached to a pollution control approval | Contravene condition attached to pollution control approval | 2 | $500 |
Section 24 (2) (a): Wilfully delay or obstruct, or fail to comply with requirement made by, an authorised officer exercising functions under the Act | Wilfully delay/obstruct/fail to comply with requirement made by authorised officer | 2 | $300 |
Section 24 (2) (b) (i): Being the occupier of premises, refuse to permit or to assist an authorised officer to do any matter or thing that the authorised officer is authorised to do | Refuse to permit/to assist authorised officer to do authorised things | 2 | $300 |
Section 24 (2) (b) (ii): Being the occupier of premises, refuse to provide such assistance and facilities as may be prescribed for the purpose of enabling an authorised officer to exercise functions under the Act | Refuse to provide prescribed assistance and facilities to authorised officer | 2 | $300 |
Section 24 (2) (b) (iii): Being the occupier of premises, refuse to comply with requirement to provide assistance and facilities specified in notice under section 24 (1D) | Refuse to provide assistance and facilities specified in section 24 (1D) notice | 2 | $300 |
Section 25 (2): Neglect or fail to comply with direction to furnish information to Commission | Neglect/fail to furnish information to Commission | 2 | $200 |
Provision of Act | Short description | Officer | Penalty |
Section 54 | Contravene condition of licence | 2 | $500 |
Section 63 (1) | Disposing of waste on land without lawful authority | 1, 2 | $600 |
Section 64 (1) | Allowing land to be used as waste facility without lawful authority | 1, 2 | $600 |
Section 65 (3) | Fail to comply with direction | 2, 10 | $500 |
Section 66 (2) | Fail to comply with requirement to provide information | 2, 10 | $500 |
Section 67 (2) | Fail to comply with direction | 2 | $500 |
Section 68 (2) | Fail to provide information | 2 | $200 |
Section 70 (4) (a) | Obstruct authorised officer | 2 | $300 |
Section 70 (4) (b) | Fail to comply with requirement | 2 | $300 |
Section 85 | Provide false information | 2 | $200 |
Provision of Regulation | Short description | Officer | Penalty |
Clause 15 (3) | Fail to provide initial details | 2 | $300 |
Clause 15 (4) | Fail to return form | 2 | $300 |
Clause 15 (5) | Fail to provide information | 2 | $300 |
Clause 16 (3) | Fail to comply with requirement | 1, 2 | $500 |
Clause 17 (2) | Fail to comply with requirement | 1, 2 | $500 |
Clause 22 (4) (a) | Fail to keep records | 2 | $500 |
Clause 22 (4) (b) | Fail to keep records for specified period | 2 | $500 |
Clause 22 (4) (c) | Fail to make records available | 2 | $500 |
Clause 23 (1) | Fail to record particulars | 2 | $500 |
Clause 23 (2) | Fail to keep particulars | 2 | $500 |
Clause 23 (3) | Fail to provide information | 2 | $500 |
Clause 24 (a) | Fail to carry out initial survey and provide results | 2 | $500 |
Clause 24 (b) | Fail to carry out further survey and provide results | 2 | $500 |
Clause 25 (1) | Fail to install weighbridge | 2 | $500 |
Clause 25 (2) | Fail to comply with requirement | 2 | $500 |
Clause 26 (2) (a) | Fail to comply with requirement | 2 | $500 |
Clause 26 (2) (b) | Fail to keep records | 2 | $500 |
Clause 26 (2) (c) | Fail to make records available | 2 | $500 |
Clause 27 | Provide false information | 2 | $200 |
sch 2: Ins 1990 No 84, Sch 1 (23). Am 1991 No 60, Sch 3; 1991 No 94, Sch 1; GG No 132 of 30.9.1994, p 6048; 1995 No 13, Sch 4.6 [2]; GG No 79 of 30.6.1995, p 3448; GG No 105 of 1.9.1995, pp 5374, 5375; 1995 No 102, Sch 6.2 [9]–[11]; GG No 113 of 4.10.1996, p 6734; GG No 122 of 1.11.1996, p 7206; GG No 68 of 27.6.1997, p 4814; GG No 95 of 29.8.1997, p 6667; GG No 130 of 28.11.1997, p 9554; 1998 No 170, Sch 3.1; GG No 25 of 26.2.1999, p 983.
Schedule 3 Savings, transitional and other provisions
(Section 31)
Part 1 Preliminary
1 Regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or from a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 Provisions consequent on the enactment of the Environmental Offences and Penalties (Amendment) Act 1990
2 Definitions
In this Part:amending Act means the Environmental Offences and Penalties (Amendment) Act 1990.appointed day, in relation to a provision of this Part, means the day appointed under section 2 of the amending Act in relation to the commencement of that provision.associated Act means:(a) the Clean Air Act 1961, or(b) the Clean Waters Act 1970, or(c) the Noise Control Act 1975, or(d) the Pollution Control Act 1970.
3 Current proceedings unaffected by sec 7 amendments
Any proceedings commenced, but not finally disposed of, before the appointed day are to be disposed of as if the amendments to section 7 made by the amending Act had not been made.
4 Effect of consolidation of offences on current proceedings
(1) For the purposes of any proceedings (whether commenced before, on or after the appointed day) in respect of an offence alleged to have been committed before that day, an offence against an associated Act is to be regarded as an offence against this Act.(2) Subclause (1) does not affect the application of section 55 (Alteration of penalties) of the Interpretation Act 1987 to offences the subject of any such proceedings.
5 Penalty notices
A penalty notice issued before the appointed day under an associated Act, or under section 289C of the Local Government Act 1919, is to be enforced as if the amendments to those Acts made by the amending Act had not been made.
6 Certain proceedings before Local Courts
Proceedings commenced before a Local Court before the appointed day in respect of an offence arising under Division 1 of Part 1 may be disposed of as if the amendments to section 11 made by the amending Act had not been made.
7 Proceedings commenced with consent of Minister etc
Proceedings commenced before the appointed day pursuant to a consent referred to in section 13 (1) (a) or (b) may be disposed of as if those paragraphs had not been repealed by the amending Act.
8 Preventative orders
An order may be made under section 14, as amended by the amending Act, in respect of offences committed before the appointed day as well as in respect of offences committed on or after that day.
9 Civil enforcement of unpaid enforcement orders
Sections 87 and 87A of the Justices Act 1902, as amended by the amending Act, apply to enforcement orders issued before the appointed day as well as to enforcement orders issued on or after that day.
10 Appeals to the Land and Environment Court
The provisions of sections 121B (2) and 131AB (5) and Division 4B of Part 5 of the Justices Act 1902, as amended by the amending Act, do not apply to any conviction or order made before the appointed day.
11 References to authorised persons under Division 5A of Part 10 of the Local Government Act 1919
(1) A reference in any Act or instrument (however expressed) to an authorised person within the meaning of Division 5A of Part 10 of the Local Government Act 1919 is to be read as a reference to a person belonging to any of the classes of persons referred to in the definition of in section 289A of that Act, as that definition was in force immediately before it was repealed by the amending Act.(2) A reference in any Act or instrument (however expressed) to a person belonging to a class of persons referred to in the definition of in section 289A of the Local Government Act 1919 is to be read as a reference to a person belonging to the class so referred to, as that definition was in force immediately before it was repealed by the amending Act.
sch 3: Ins 1990 No 84, Sch 1 (23). Am 1991 No 17, Sch 1; 1991 No 60, Sch 3; 1991 No 94, Sch 1.