Environmental Offences and Penalties Act 1989 Environmental Offences and Penalties Act Amendment (Clean Air) Regulation 1997 (1997-427) [GG No 95 of 29.8.1997, p 6667] (NSW)

1997 No 427

New South Wales

Environmental Offences and

Penalties Act Amendment (Clean Air)

Regulation 1997

under the

Environmental Offences and Penalties Act 1989

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Environmental

Offences and Penalties Act 1989.

BOB DEBUS, M.P.,

for the Minister for the Environment

Explanatory note

The object of this Regulation is to add to the list of offences under the Clean Air Act 1961 for which penalty notices can be issued under the

Environmental Offences and Penalties Act 1989. The update is

consequential, in part, on the making of the Clean Air (Motor Vehicles and

Motor Vehicle Fuels) Regulation 1997 and the Clean Air (Plant and

Equipment) Regulation 1997.

This Regulation is made under the Environmental Offences and Penalties

Act 1989, including section 8G (penalty notices) and section 28 (the general

regulation making power).

Published in Gazette No 95 of 29 August 1997, page 6667 Page 1

1997 No 427

Clause 1 Environmental Offences and Penalties Act Amendment (Clean Air) Regulation 1997

Environmental Offences and Penalties Act

Amendment (Clean Air) Regulation 1997

1 Name of Regulation

This Regulation is the Environmental Offences and Penalties Act
Amendment (Clean Air) Regulation 1997.

2 Amendment of Schedule 2 to Environmental Offences and Penalties Act 1989

Schedule 2 to the Environmental Offences and Penalties Act

1989 is amended as set out in Schedule 1.

3 Notes

The explanatory note does not form part of this Regulation.

1997 No 427

Environmental Offences and Penalties Act Amendment (Clean Air) Regulation 1997

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 2)

[1]       Schedule 2 Penalty notices

Insert in appropriate order in Part 2, in the matter relating to the

Clean Air Act 1961:

Section 21B (a): Sell or Sell/supply/exhibit/offer/ 2 $600

supply for sale, exhibit or	conduct negotiations for
offer for sale, or conduct	sale of polluting vehicle

negotiations for the sale
of, any motor vehicle that
emits excessive air
impurities

Section 21BA (1) (a):  Remove/disconnect 2 $600

Remove, disconnect or	impair/cause/allow
impair a prescribed	removal/disconnection/
anti-pollution device or	impairment of pollution
any other device designed	device

or intended to minimise
pollution of the air, or
cause or allow any such
device to be removed,
disconnected or impaired

Section 21BA (1) (b):  Adjust/modify pollution 2 $600

Adjust or modify a	control device/vehicle so
prescribed anti-pollution	that vehicle pollutes

device, any other device designed or intended to minimise air pollution or

any motor vehicle so that
the motor vehicle emits
excessive air impurities

Section 2 1BA (3): Service  Service/repair vehicle/ 2 $600

or repair a motor vehicle,	cause/allow vehicle to be
or cause or allow a motor	serviced/repaired contrary
vehicle to be serviced or	to regulations

repaired, in a manner
prohibited by the
regulations

1997 No 427

Environmental Offences and Penalties Act Amendment (Clean Air) Regulation 1997

Schedule 1 Amendments

Section 21C (1): Being Use vehicle/cause/allow $600

owner of motor vehicle	use of vehicle without
required to be fitted with	pollution device
prescribed anti-pollution device, use motor vehicle, or cause or allow motor vehicle to be used, without device being duly fitted
Section 21C (2): Sell or	Sell/supply/exhibit/offer/ $600
supply for sale, exhibit or	negotiate sale of vehicle
offer for sale, or conduct	without pollution device
negotiations for sale of, any motor vehicle required to be fitted with prescribed anti-pollution device without device being duly fitted
Section 21EA (3): Use	Use/cause/allow use of 2 $300

motor vehicle in respect	of	vehicle subject to notice
which a section 21EA	to fit/refit/reconnect/
direction has been given,	repair/readjust/restore
or cause or allow such a	pollution device
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
Section 21EA (6): Remove	Remove/obliterate/	$300
prescribed label affixed to	interfere with prescribed
a motor vehicle or	label affixed to vehicle
obliterate or interfere with any such label

Section 21N (1): Place in Put leaded fuel/unleaded $600

the fuel tank of a motor	fuel additive in unleaded
vehicle that is required to	fuel vehicle
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

1997 No 427

Environmental Offences and Penalties Act Amendment (Clean Air) Regulation 1997

Amendments Schedule 1

Section 21N (2) Operate a	Use leaded fuel in	2	$600
motor vehicle that is	unleaded fuel vehicle
required to be fuelled with unleaded petrol with petrol which contains more than
the prescribed mass of lead or phosphorus
Section 32 (1) (b): Neglect	Neglect/fail to comply	2	$300
or fail to comply with	with requirement under
requirement under section	section 21G
21G

[2]    Schedule 2

Insert in Part 2, after the matter relating to the Clean Air (Control of
Burning) Regulation 1995:

Clean Air (Motor Vehicles and Motor Vehicle Fuels) Regulation
1997

Provision of Regulation Short description Officer Penalty

Clause 13 (1): Operate a  Operate vehicle with over 2 $300

motor vehicle propelled by	0.2 grams lead per litre
a spark ignition engine	petrol

knowing that there is
present, in the vehicle’s
fuel tank, a lead
concentration of more than
0.2 grams per litre of
petrol

Clause 14 (1): Sell petrol  Sell petrol with over 0.2 2 $300

for use in the operation of  grams lead per litre

a motor vehicle while there is present in the petrol a lead concentration

of more than 0.2 grams 
per litre 

Clause 21 (3) (a): Sell  Sell unleaded fuel vehicle 2 $300

motor vehicle requiring  contrary to clause 21

unleaded petrol while
vehicle does not comply
with requirements of
clause 21

1997 No 427

Environmental Offences and Penalties Act Amendment (Clean Air) Regulation 1997

Schedule 1 Amendments

Provision of Regulation	Short description	Officer Penalty
Clause 21 (3) (b): Being	Use unleaded fuel	2 $300
owner of motor vehicle	vehicle/cause/allow use of
requiring unleaded petrol,	unleaded fuel vehicle
use vehicle, or cause or	contrary to clause 21
allow vehicle to be used, while vehicle does not comply with requirements of clause 21
Clause 22 (2) (a): Sell	Sell unleaded fuel vehicle	2 $600
motor vehicle requiring	contrary to clause 22
unleaded petrol while vehicle does not comply with requirements of clause 22
Clause 22 (2) (b): Being	Use unleaded fuel	2 $600
owner of motor vehicle	vehicle/cause/allow use of
requiring unleaded petrol,	unleaded fuel vehicle
use vehicle, or cause or	contrary to clause 22
allow vehicle to be used, while vehicle does not comply with requirements of clause 22
Clause 23 (1) (a): Being	Petrol retailer fail to	2 $300
petrol retailer, fail to	notify that vehicles to
display in a conspicuous	use unleaded petrol
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
Clause 23 (1) (b): Being	Petrol retailer fail to	2 $300
petrol retailer, fail to	distinguish leaded from
display in a conspicuous	unleaded pumps
position on each petrol pump words indicating whether petrol from that
pump is leaded or unleaded

1997 No 427

Environmental Offences and Penalties Act Amendment (Clean Air) Regulation 1997

Amendments Schedule 1

Provision of Regulation	Short description	Officer Penalty
Clause 24 (a): Being a	Leaded petrol pump	2 $300
petrol retailer, fail to fit	nozzle too narrow
pump dispensing leaded petrol with a nozzle spout having a discharge end with an outside diameter of at least 23.6 millimetres
Clause 24 (b): Being a	Unleaded petrol pump	2 $300
petrol retailer, fail to fit	nozzle too wide
pump dispensing unleaded petrol with a nozzle spout having a discharge end
with an outside diameter of less than 21.3 millimetres
Clause 25 (2): Being the	Fill vehicle/cause/allow	2 $300
occupier of premises from	filling of vehicle without
which petrol is sold to the	petrol over-fill device
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
Clause 25 (3): Transfer	Petrol hose not fully	2 $300
petrol into a motor	inserted into fuel tank
vehicle’s fuel tank by means of a hose whose nozzle is not fully inserted into the fuel tank’s filler-pipe
Clause 28 (2): Fail to	Fail to comply with	2 $300
comply with a direction	direction to stop/test/
given by an authorised	inspect vehicle
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

1997 No 427

Environmental Offences and Penalties Ad Amendment (Clean Air) Regulation 1997

Schedule 1 Amendments

Provision of Regulation	Short description	Officer Penalty
Clause 29 (4): Fail to	Fail to comply with	2 $300
comply with the terms of	vehicle inspection notice
a motor vehicle inspection notice without lawful excuse

Clean Air (Plant and Equipment) Regulation 1997

Provision of Regulation	Short description	Officer Penalty
Clause 8 (3): Operate fuel	Operate equipment in	2 $600
burning equipment in the	Sydney/Wollongong/
Sydney, Wollongong,	Newcastle/Central Coast
Newcastle or Central	with fuel over 0.5 per
Coast Metropolitan Area	cent sulphur
on liquid fuel having a sulphur content of more than 0.5 per cent by
weight
Clause 8 (2): Operate fuel	Operate equipment	2 $600
burning equipment outside	outside Sydney/
the Sydney, Wollongong,	Wollongong/ Newcastle/
Newcastle or Central	Central Coast with fuel
Coast Metropolitan Area	over 2.5 per cent sulphur
on liquid fuel having a sulphur content of more than 2.5 per cent by
weight
Clause 24 (2): Being	Use tank vehicle/allow	2 $600
owner of a large tank	tank vehicle to be used
vehicle, use the tank	without control
vehicle, or allow it to be	equipment
used, to load or unload
volatile organic liquid without the tank vehicle being fitted with the prescribed control equipment for large tank vehicles

1997 No 427

Environmental Offences and Penalties Act Amendment (Clean Air) Regulation 1997

Amendments Schedule 1

Provision of Regulation	Short description	Officer Penalty
Clause 25 (2): Being	Fail to ensure delivery	2 $600
person in charge of a	tank connected to vapour
large tank vehicle being	collection system
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
Clause 25 (3): Being	Fail to observe vapour	2 $600
person in charge of a	reduction requirements
large tank vehicle loading	during unloading
volatile organic liquid into a small storage tank, fail to ensure that the vapour reduction requirements of clause 25 (3) are complied with
Clause 25 (4): Being	Leave open hatch/	2 $600
person in charge of a	manhole/cover
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
Clause 27 (3): Being the	Fail to comply with	2 $300
occupier of premises, fail	clause 27 (1) notice
to comply with requirement specified in notice under clause 27 (1)