Protection of the Environment Operations (Penalty Notices) Amendment (Pollution and Other Offences) Regulation 2006 (NSW)
2006 No 218
New South Wales
Protection of the Environment
Operations (Penalty Notices)
Amendment (Pollution and Other
Offences) Regulation 2006
under the
Protection of the Environment Operations Act 1997
His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Protection of the Environment Operations Act 1997.
BOB DEBUS, M.P.,
Minister for the Environment
Explanatory note
The object of this Regulation is to amend the Protection of the Environment Operations (Penalty Notices) Regulation 2004 to enable offences relating to failing to comply with smoke abatement notices, land pollution, supplying false or misleading information about waste, failing to pay an administrative fee for a noise control notice (under the Protection of the Environment Operations Act 1997) and contravening conditions of licences and chemical control orders (under the Environmentally Hazardous Chemicals Act 1985) to be dealt with by the issue of penalty notices.
This Regulation is made under the Protection of the Environment Operations Act 1997, including Division 3 of Part 8.2 and section 323 (the general regulation-making power).
| Published in Gazette No 58 of 28 April 2006, page 2438 | Page 1 |
| 2006 No 218 | Protection of the Environment Operations (Penalty Notices) Amendment |
| Clause 1 | (Pollution and Other Offences) Regulation 2006 |
Protection of the Environment Operations (Penalty
Notices) Amendment (Pollution and Other Offences)
Regulation 2006
under the
Protection of the Environment Operations Act 1997
1 Name of Regulation
This Regulation is the Protection of the Environment Operations (Penalty Notices) Amendment (Pollution and Other Offences) Regulation 2006.
2 Commencement
This Regulation commences on 1 May 2006.
3 Amendment of Protection of the Environment Operations (Penalty Notices) Regulation 2004
The Protection of the Environment Operations (Penalty Notices)
Regulation 2004 is amended as set out in Schedule 1.
| Protection of the Environment Operations (Penalty Notices) Amendment | 2006 No 218 |
| (Pollution and Other Offences) Regulation 2006 | |
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
[1] Schedule 1 Penalty notice offences
Insert in appropriate order in Schedule 1:
Environmentally Hazardous Chemicals Act 1985
Column 1 Column 2 Column 3 Column 4 Provision of Act Officer Penalty Penalty
(individuals) (corporations)
Section 26 2 $1500 $5000
Section 32 (2) 2 $1500 $5000 [2] Schedule 1
Insert in numerical order in Columns 1, 2, 3 and 4, respectively, under the heading “Protection of the Environment Operations Act 1997”:
Section 135C (1) 1 (limited to $200 $400 officer or
employee of
localauthority)
Section 142A 1, 2 $750 $1500 Section 144AA (1): 2 $1500 $5000 Supply information, or cause or
permit information to be supplied,
that is false or misleading in a
material respect about waste that is
asbestos waste or hazardous waste
(within the meaning of Schedule 1 to
the Act)Section 144AA (1): 2 $750 $1500 Supply information, or cause or
permit information to be supplied,
that is false or misleading in a
material respect about any other
wasteSection 267A (7) 1, 2, 3, 13 $500 $1000
BY AUTHORITY
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