Protection of the Environment Operations (Penalty Notices) Regulation 1999 (NSW)

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1Name of Regulation

This Regulation is the Protection of the Environment Operations (Penalty Notices) Regulation 1999.

2Commencement

This Regulation commences on 1 July 1999.

3Definitions

In this Regulation:

penalty notice offence means an offence prescribed by clause 5.

the Act means the Protection of the Environment Operations Act 1997.

4Notes

The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.

5Penalty notice offences: section 222(1)

Each offence created by a provision specified in Column 1 of Schedule 1 is prescribed as a penalty notice offence for the purposes of Division 3 of Part 8.2 of the Act.

(2)

If the reference to a provision in Column 1 of Schedule 1 is qualified by words that restrict its operation to specified kinds of offences or to offences committed in specified circumstances, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or is committed in the circumstances so specified.

6Enforcement officers: section 226(1)

The officers or employees of the class specified in Column 2 of Schedule 1 are, subject to this clause, prescribed as enforcement officers in relation to the penalty notice offences concerned.

(2)

Any such officer or employee of an authority is an enforcement officer only if that authority has duly authorised that officer or employee to exercise the functions of an enforcement officer under Division 3 of Part 8.2 of the Act.

(3)

An officer or employee of an authority that is a local council is an enforcement officer in respect of another local council only if that other local council has also duly authorised that officer or employee to exercise the functions of an enforcement officer under Division 3 of Part 8.2 of the Act.

(3A)

An officer or employee is not an enforcement officer in relation to a penalty notice offence alleged to have been committed by the authority that has authorised the officer or employee as an enforcement officer.

(4)

In Schedule 1, a number included in Column 2 of Schedule 1 is a reference to an officer or employee of a class identified by that number.

(5)

The class of officers or employees in Schedule 1 are as follows:

  • (a)

    class 1—an officer or employee of:

    • (i)

      a local authority, or

    • (ii)

      the National Parks and Wildlife Service in relation to a penalty notice offence alleged to have been committed in Kosciuszko National Park,

  • (b)

    class 2—an officer or employee of the EPA,

  • (c)

    class 3—an officer or employee of the National Parks and Wildlife Service,

  • (d)

    class 4—an officer or employee of a Port Corporation within the meaning of the Ports Corporatisation and Waterways Management Act 1995,

  • (e)

    class 5—a police officer,

  • (f)

    class 6—an officer or employee of the Sydney Water Corporation, of the Hunter Water Corporation or of a Water Supply Authority within the meaning of the Water Management Act 2000 (other than a Water Supply Authority that is also the council of a local government area),

  • (g)

    class 7—an officer or employee of the Forestry Commission,

  • (h)

    class 8—an officer or employee of the Sydney Harbour Foreshore Authority,

  • (i)

    class 9—an officer or employee of the Centennial Park and Moore Park Trust, of the Parramatta Stadium Trust, of the Parramatta Park Trust or of the Royal Botanic Gardens and Domain Trust,

  • (j)

    class 10—an officer or employee of an Australian university within the meaning of the Higher Education Act 2001,

  • (k)

    class 11—an officer or employee of the Sydney Olympic Park Authority,

  • (l)

    class 12—an officer or employee who is a marine park ranger within the meaning of the Marine Parks Act 1997,

  • (m)

    class 13—an officer or employee of NSW Fisheries,

  • (n)

    class 14—an officer or employee of the Sydney Catchment Authority,

  • (o)

    class 15—an officer or employee of the Waterways Authority.

(6)

A reference in subclause (5) to an officer or employee of the following authorities is taken to include a reference to an officer or employee of a body corporate providing services under an arrangement with that authority whereby the officer or employee is acting under the direction and control of the authority:

  • (a)

    Sydney Harbour Foreshore Authority,

  • (b), (c)

    (Repealed)

  • (d)

    Sydney Olympic Park Authority.

(7)

A person who, immediately before the amendment of this clause by the Environment Protection Legislation Amendment Act 2002, was duly authorised by an authority as an authorised officer is taken to be so authorised as an enforcement officer.

7Amounts of penalty payable: section 227

The prescribed penalty payable under a penalty notice in relation to a penalty notice offence is:

  • (a)

    the amount specified in Column 3 of Schedule 1, or

  • (b)

    if the person alleged to have committed the offence is a corporation, and if a greater amount is specified in Column 4 of Schedule 1, the amount specified in Column 4 of Schedule 1.

8Service of penalty notices on owners of vehicles or vessels: section 224 (3)(1)

This clause applies to offences under the Act or the regulations that apply specifically to the owner of a vehicle or vessel.

(2)

A penalty notice may, if it relates to an offence to which this clause applies, be served by leaving it on, or attaching it to, the vehicle or vessel.

(3)

A penalty notice may, if it relates to an offence to which this clause applies, be addressed to the owner of a vehicle or vessel without naming the owner or stating his or her address.

9

(Repealed)

10Savings provision

An officer or employee duly authorised as referred to in clause 6 (2) by the Waterways Authority in relation to class 4 under clause 6 (5) immediately before the commencement of the Protection of the Environment Operations Amendment (Waterways Authority) Regulation 2001 is taken to be duly authorised by the Waterways Authority in relation to class 15 under clause 6 (5).

Schedule 1Penalty notice offences

(Clauses 5–8)

Protection of the Environment Operations Act 1997

Column 1

Column 2

Column 3

Column 4

Provision of the Act

Officer

Penalty (individuals)

Penalty (corporations)

Section 47

2

$750

$1500

Section 48

2

$750

$1500

Section 49

2

$750

$1500

Section 64

2

$750

$1500

Section 66 (2)

2

$750

$1500

Section 66 (4)

2

$750

$1500

Section 86

2

$750

$1500

Section 88

2

$750

$1500

Section 91

1, 2, 12, 14, 15

$750

$1500

Section 94

1, 2, 12, 14, 15

$500

$1000

Section 97

1, 2, 12, 14, 15

$750

$1500

Section 100

1, 2, 12, 14, 15

$500

$1000

Section 120

1, 2, 4, 6, 7, 9, 10, 11, 12, 13, 14, 15

$750

$1500

Section 124

1, 2

$750

$1500

Section 125

1, 2

$750

$1500

Section 126

1, 2

$750

$1500

Section 128

1, 2

$750

$1500

Section 129

2

$750

$1500

Section 135

1, 2

$200

$400

Section 136:

  • •

    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

2

$200

$400

Section 136:

  • •

    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

2

$400

$800

Section 136:

  • •

    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

2

$300

$600

Section 137

1, 2

$200

$400

Section 139

1, 2

$200

$400

Section 140

1, 2

$200

$400

Section 143:

Transport waste, being waste comprising asbestos waste or hazardous waste, or any other waste greater than 1 cubic metre in volume or 2 tonnes in weight, to a place that cannot lawfully be used as a waste facility for that waste

1, 2, 14

$1500

$5000

Section 143:

Transport waste to a place that cannot lawfully be used as a waste facility for that waste

1, 2, 14

$750

$1500

Section 144

1, 2, 14

$1500

$5000

Section 145:

  • •

    Deposit litter, being a small item including confectionary wrapper, cigarette packet, ATM statement, or bus or train ticket (excluding cigarette, and excluding litter deposited from vehicle)

1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15

$60

—

Section 145:

  • •

    Deposit litter (excluding cigarette, and excluding litter deposited from vehicle)

1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15

$200

$400

Section 145:

  • •

    Deposit litter, being unlit or extinguished cigarette (excluding litter deposited from vehicle)

1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15

$60

—

Section 145:

  • •

    Deposit litter, being lit cigarette (excluding litter deposited from vehicle)

1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15

$200

—

Section 145:

  • •

    Deposit litter from vehicle

1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15

$200

$400

Section 145A:

  • •

    Deposit litter, for example syringe, or lit cigarette in dangerous circumstances

1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15

$375

$750

Section 146A

1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15

$200

$400

Section 146B

1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15

$200

$400

Section 146C

1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15

$200

$400

Section 146E (1)

1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15

$200

$400

Section 146E (2)

1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15

$200

$400

Section 146E (3)

1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15

$375

$750

Section 152

1, 2

$750

$1500

Section 155

2

$750

$1500

Section 156

2

$750

$1500

Section 157 (1)

2

$750

$1500

Section 157 (2)

2

$750

$1500

Section 161 (4)

2

$300

$600

Section 161 (7)

2

$300

$600

Section 167

2

$750

$1500

Section 211 (1)

1, 2, 4, 5, 14, 15

$300

$600

Section 265

1, 2, 4, 15

$200

$400

Section 277 (1) (a)

1, 2, 4, 5, 8, 15

$200

$400

Section 277 (1) (b)

1, 2, 4, 5, 8, 15

$200

$400

Section 277 (2) (a)

1, 2, 4, 5, 8, 15

$200

$400

Section 277 (2) (b)

1, 2, 4, 5, 8, 15

$200

$400

Protection of the Environment Operations (General) Regulation 1998

Column 1

Column 2

Column 3

Provision of Regulation

Officer

Penalty

Clause 47 (1)

2

$1500

Clause 51 (1)

2

$500

Clause 57D (2) (a)

2

$500

$1,000

Clause 57D (2) (b)

2

$500

$1,000

Clause 57E (1)

2

$500

$1,000

Clause 57E (2)

2

$500

$1,000

Clause 57M

2

$1500

$750

Clause 57N (4)

2

$1500

$750

Clause 57P (1)

2

$1500

$750

Protection of the Environment Operations (Control of Burning) Regulation 2000

Column 1

Column 2

Column 3

Column 4

Provision of Regulation

Officer

Penalty (individuals)

Penalty (corporations)

Clause 5 (1)

1, 2, 3

$500

$1,000

Clause 6 (1)

1, 2, 3

$500

$1,000

Clause 7 (1)

1, 2, 3

$500

$1,000

Clause 7 (2)

1, 2, 3

$500

$1,000

Clause 7 (3)

1, 2, 3

$500

$1,000

Protection of the Environment Operations (Clean Air) Regulation 2002

Column 1

Column 2

Column 3

Column 4

Provision of Regulation

Officer

Penalty for individuals (and corporations where no penalty in Column 4)

Penalty for corporations

Clause 9 (1)

2

$200

$400

Clause 15 (1): in relation to a failure to have a vertical exhaust pipe fitted so that the exhaust vent is directed away from the nearside of the vehicle

2

$200

Clause 15 (1): in any other case

2

$300

Clause 16 (1)

2

$300

Clause 17 (1)

2

$300

Clause 19 (2)

2

$300

Clause 19 (3)

2

$300

Clause 19B (2)

2

$300

$600

Clause 19C (1)

2

$300

$600

Clean Air (Plant and Equipment) Regulation 1997

Column 1

Column 2

Column 3

Provision of Regulation

Officer

Penalty

Clause 8 (1)

2

$600

Clause 8 (2)

2

$600

Clause 20A (1)

2

$600

Clause 20A (2)

2

$600

Clause 24 (2)

2

$600

Clause 25 (2)

2

$600

Clause 25 (3)

2

$600

Clause 25 (4)

2

$600

Protection of the Environment Operations (Noise Control) Regulation 2000

Column 1

Column 2

Column 3

Column 4

Provision of Regulation

Officer

Penalty (individuals)

Penalty (corporations)

Clause 6 (1)

2

$300

$600

Clause 11

2

$300

$600

Clause 12 (1)

2

$300

$600

Clause 13 (1): Cause/permit use of vehicle capable of emitting noise exceeding maximum level by up to 5 dB(A)

2

$150

$300

Clause 13 (1): Cause/permit use of vehicle capable of emitting noise exceeding maximum level by between 5 and 15 dB(A)

2

$250

$500

Clause 13 (1): Cause/permit use of vehicle capable of emitting noise exceeding maximum level by more than 15 dB(A)

2

$500

$1,000

Clause 14

1, 2, 5

$200

$400

Clause 15 (1)

1, 2, 5

$200

$400

Clause 16 (1)

1, 2, 5

$200

$400

Clause 17

1, 2, 5

$150

$200

Clause 17A (1)

2, 5

$150

Clause 18 (1)

2, 5

$200

$400

Clause 18 (2) (a)

2, 5

$200

$400

Clause 18 (2) (b)

2, 5

$200

$400

Clause 19 (1)

2, 5

$200

$400

Clause 20

2

$200

$400

Clause 21 (1) (a)

2

$200

$400

Clause 21 (1) (b)

2

$200

$400

Clause 21 (2) (a)

2

$200

$400

Clause 21 (2) (b)

2

$200

$400

Clause 23

1, 2, 5

$200

$400

Clause 24 (1): Cause/permit use of noisy alarm (for up to 24 hours)

1, 2, 5, 8

$200

$400

Clause 24 (1): Cause/permit use of noisy alarm (for 24 to 48 hours)

1, 2, 5, 8

$400

$800

Clause 24 (1): Cause/permit use of noisy alarm (for more than 48 hours)

1, 2, 5, 8

$600

$1,200

Clause 25 (1)

2

$200

$400

Clause 26 (5)

2, 5

$300

$600

Clause 27 (4)

2, 5

$300

$600

Clause 27 (5)

2, 5

$300

$600

Clause 29

1, 4, 5, 15

$200

$400

Clause 30

1, 4, 5, 15

$300

$600

Clause 31 (1)

4, 5, 15

$200

$400

Clause 31 (2) (a)

4, 5, 15

$200

$400

Clause 31 (2) (b)

4, 5, 15

$200

$400

Clause 32 (1)

1, 4, 5, 15

$300

$600

Clause 33 (5)

4, 5, 15

$300

$600

Clause 34 (4)

4, 5, 15

$300

$600

Clause 34 (5)

4, 5, 15

$300

$600

Clause 50 (1)

1, 5

$200

$400

Clause 51 (1)

1, 5

$200

$400

Clause 52 (1)

1, 5

$200

$400

Clause 53 (1): Cause/permit use of noisy intruder alarm (for up to 24 hours)

1, 2, 5

$200

$400

Clause 53 (1): Cause/permit use of noisy intruder alarm (for 24 to 48 hours)

1, 2, 5

$400

$800

Clause 53 (1): Cause/permit use of noisy intruder alarm (for more than 48 hours)

1, 2, 5

$600

$1,200

Ozone Protection Act 1989

Column 1

Column 2

Column 3

Provision of the Act

Officer

Penalty

Section 14 (3)

2

$300

Ozone Protection Regulation 1997

Column 1

Column 2

Column 3

Provision of Regulation

Officer

Penalty

Clause 9 (1)

2

$300

Clause 9 (5)

2

$300

Clause 10 (1)

2

$300

Clause 10 (2)

2

$300

Clause 12 (1)

2

$300

Clause 12 (5)

2

$300

Clause 22

2

$300

Clause 24 (1)

2

$300

Clause 25 (1)

2

$300

Clause 31 (1)

2

$300

Clause 39 (1) (a)

2

$300

Clause 39 (1) (b)

2

$300

Clause 40 (1)

2

$300

Waste Minimisation and Management Act 1995

Column 1

Column 2

Column 3

Column 4

Provision of the Act

Officer

Penalty (individuals)

Penalty (corporations)

Section 39 (4)

2

$300

$600

Protection of the Environment Operations (Waste) Regulation 1996

Column 1

Column 2

Column 3

Provision of Regulation

Officer

Penalty

Clause 15 (3)

2

$500

Clause 15 (4)

2

$500

Clause 15 (5)

2

$500

Clause 16 (2) (a)

1, 2

$500

Clause 16 (2) (b)

1, 2

$500

Clause 16 (2) (c)

1, 2

$500

Clause 16 (2) (d) (i)

1, 2

$500

Clause 16 (2) (d) (ii)

1, 2

$500

Clause 16 (2) (e) (i)

1, 2

$500

Clause 16 (2) (e) (ii)

1, 2

$500

Clause 16 (2) (e) (iii)

1, 2

$500

Clause 16 (2) (f)

1, 2

$500

Clause 16 (2) (g)

1, 2

$500

Clause 16 (2) (h)

1, 2

$500

Clause 16 (2) (i)

1, 2

$500

Clause 16 (2) (j)

1, 2

$500

Clause 16 (4) (a) (i)

1, 2

$500

Clause 16 (4) (a) (ii)

1, 2

$500

Clause 16 (4) (a) (iii)

1, 2

$500

Clause 16 (4) (b) (i)

1, 2

$500

Clause 16 (4) (b) (ii)

1, 2

$500

Clause 16 (4) (b) (iii)

1, 2

$500

Clause 16 (4) (b) (iv)

1, 2

$500

Clause 17 (2) (a) (i)

1, 2

$500

Clause 17 (2) (a) (ii)

1, 2

$500

Clause 17 (2) (b)

1, 2

$500

Clause 17 (2) (c)

1, 2

$500

Clause 17 (2) (d)

1, 2

$500

Clause 17 (2) (e)

1, 2

$500

Clause 17 (2) (f)

1, 2

$500

Clause 17 (2) (g) (i)

1, 2

$500

Clause 17 (2) (g) (ii)

1, 2

$500

Clause 17 (2) (g) (iii)

1, 2

$500

Clause 17 (2) (g) (iv)

1, 2

$500

Clause 17 (2) (g) (v)

1, 2

$500

Clause 17 (2) (h)

1, 2

$500

Clause 17 (2) (i)

1, 2

$500

Clause 17 (2) (j)

1, 2

$500

Clause 17 (2) (k)

1, 2

$500

Clause 21 (2)

2

$500

Clause 21 (3) (a) (i)

2

$500

Clause 21 (3) (a) (ii)

2

$500

Clause 21 (3) (b)

2

$500

Clause 22 (4) (a)

2

$500

Clause 22 (4) (b)

2

$500

Clause 22 (4) (c)

2

$500

Clause 22 (4) (d) (i)

2

$500

Clause 22 (4) (d) (ii)

2

$500

Clause 22 (4) (e)

2

$500

Clause 23 (1)

2

$500

Clause 23 (2)

2

$500

Clause 23 (3) (a)

2

$500

Clause 23 (3) (b)

2

$500

Clause 23A

2

$500

Clause 24 (1) (a)

2

$500

Clause 24 (1) (b)

2

$500

Clause 24 (1A) (a)

2

$500

Clause 24 (1A) (b)

2

$500

Clause 25 (1)

2

$500

Clause 25 (2) (a)

2

$500

Clause 25 (2) (a1)

2

$500

Clause 25 (2) (b)

2

$500

Clause 25 (2) (c)

2

$500

Clause 25 (2) (d)

2

$500

Clause 25 (2) (d1)

2

$500

Clause 25 (2) (e)

2

$500

Clause 25 (2) (f)

2

$500

Clause 25 (2) (g)

2

$500

Clause 26 (2) (a)

2

$500

Clause 26 (2) (b)

2

$500

Clause 26 (2) (c)

2

$500

Clause 27

2

$500

Clause 28 (11)

2

$500

Clause 29 (2)

1, 2

$500

Clause 29 (6)

1, 2

$500

Clause 30 (a)

1, 2

$500

Clause 30 (b)

1, 2

$500

Clause 30 (c)

1, 2

$500

Clause 30 (d)

1, 2

$500

Clause 30 (e)

1, 2

$500

Clause 30 (f)

1, 2

$500

Clause 30 (g)

1, 2

$500

Protection of the Environment Operations (Hunter River Salinity Trading Scheme) Regulation 2002

Column 1

Column 2

Column 3

Column 4

Provision of Regulation

Officer

Penalty (individuals)

Penalty (corporations)

Clause 61

2

750

1500

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