Protection of the Environment Operations (Penalty Notices) Amendment (Pollution and Other Offences) Regulation 2006 (NSW)

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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
local

authority)

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
waste
Section 267A (7)  1, 2, 3, 13 $500 $1000

BY AUTHORITY

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