Environmental Legislation Amendment (Enforcement) Act 1996 (NSW)
New South Wales
Environmen tal Legislation Amendment (Enforcement) Act 1996 No 101 Contents
Page
1 Name of Act 2 2 Commencement 2 3 Amendment of Environmental Offences and Penalties Act 1989 No 150 2 4 Amendment of Clean Air Act 1961 No 69 2 5 Amendment of Clean Waters Act 1970 No 78 2 6 Amendment of Noise Control Act 1975 No 35 2 7 Amendment of Pollution Control Act 1970 No 95 2 Schedules
1 Amendment of Environmental Offences and Penalties
Act 1989 3 2
Amendment of Clean Air Act 1961 5 3
Amendment of Clean Waters Act 1970 6 4
Amendment of Noise Control Act 1975 7 5
Amendment of Pollution Control Act 1970 8
New South Wales
Environmental Legislation
Amendment (Enforcement) Act 1996
No 101
Act No 101, 1996
An Act to amend the Environmental Offences and Penalties Act 1989, the Pollution Control Act 1970 and certain other Acts with respect to the period within which prosecutions may be instituted and to the inspection of premises and the production of records. [Assented to 26 November 1996]
| Section 1 | Environmental Legislation Amendment (Enforcement) Act 1996 No 101 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Environmental Le gislation Amendment (Enforcement) Act 1996.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Environmental Offences and Penalties Act 1989 No 150
The Environmental Offences and Penalties Act 1989 is amended as set out in Schedule 1.
Amendment of Clean Air Act 1961 Ne 69
The Clean Air Act 1961 is amended as set out in Schedule 2.
5 Amendment of Clean Waters Act 1970 No 78
The Clean Waters Act 1970 is amended as set out in Schedule 3.
6 Amendment of Noise Control Act 1975 No 35
The Noise Control Act 1975 is amended as set out in Schedule 4.
Amendment of Pollution Control Act 1970 No 95
The Pollution Control Act 1970 is amended as set out in
Schedule 5.Environmental Legislation Amendment (Enforcement) Act 1996 No 101
Amendment of Environmental Offences and Penalties Act 1989 Schedule 1 Schedule 1 Amendment of Environmental Offences and Penalties Act 1989
(Section 3)
Section 12
Omit the section. Insert instead:
12 Time within which summary proceedings may be
commenced
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 I2 months after that date. 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. 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
particulars of the date on which the offence was of any relevant authorised officer and need not contain which evidence of the offence first came to the attention 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.
This section applies only to proceedings that are to be dealt with summarily.
Environmental Legislation Amendment (Enforcement) Act 1996 No 101
| Schedule 1 | Amendment of Environmental Offences and Penalties Act 1989 |
(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: authorised officer 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 l 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. relevant authorised officer 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.
Environmental Legislation Amendment (Enforcement) Act 1996 No 101
Amendment of Clean Air Act 1961 Schedule 2 Schedule 2 Amendment of Clean Air Act 1961
(Section 4)
Section 27 Powers of authorised officers
Omit “is usually being caused” from subsection (2) (a) (i).
Insert instead “has been caused”.Environmental Legislation Amendment (Enforcement) Act 1996 No 101
| Schedule 3 | Amendment of Clean Waters Act 1970 |
| Schedule 3 | Amendment of Clean Waters Act 1970 |
(Section 5)
Section 29 Powers of authorised officers
Omit “are usually discharged” from subsection (2) (a).
Insert instead “have been discharged”.Environmental Legislation Amendment (Enforcement) Act 1996 No 101
Amendment of Noise Control Act 1975 Schedule 4 Schedule 4 Amendment of Noise Control Act
1975
(Section 6)
[1] Section 76 Powers of authorised officers
Insert “has been,” after “offensive noise” in subsection (1) (b).
[2] Section 76 (2) (a) (i)
Omit “is usually emitted”. Insert instead “has been emitted”.
Environmental Legislation Amendment (Enforcement) Act 1996 No 101
| Schedule 5 | Amendment of Pollution Control Act 1970 |
| Schedule 5 | Amendment of Pollution Control Act |
| 1970 |
(Section 7)
[ 1 ] Section 24 Power of entry
Insert “has been,” after “pollution” in subsection (1) (b).
[2] Section 24 (1A) (a)
Omit “is usually caused”. Insert instead “has been caused”.
[Minister’s second reading speech made in—
Legislative Assembly on 30 October 1996
Legislative Council on 14 November 1996]
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