Protection of the Environment Operations (Penalty Notices) Regulation 2004

Protection of the Environment Operations (Penalty Notices) Regulation 2004 Does not include amendments by: Western Sydney Parklands Act 2006 No 92 (not commenced) 1 Name of Regulation This Regulation is the Protection of the Environment Operations (Penalty Notices) Regulation 2004. 2 Commencement (1) Except as provided by subclause (2), this Regulation commences on 1 September 2004. This Regulation replaces the Protection of the Environment Operations (Penalty Notices) Regulation 1999, which is repealed on 1 September 2004 by section 10 (2) of the Subordinate Legislation Act 1989. (2) The provisions of Schedule 1 to this Regulation that relate to clauses 19F, 19G and 19H of the Protection of the Environment Operations (Clean Air) Regulation 2002 commence on 15 November 2004. 3 Definitions (1) In this Regulation:"penalty notice offence" means an offence prescribed by clause 4."the Act" means the Protection of the Environment Operations Act 1997. (2) Notes in the text of this Regulation do not form part of this Regulation. 4 Penalty 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. 5 Enforcement officers: section 226 (1) Officers or employees of a class specified in Column 2 of Schedule 1 are, subject to this clause and section 226 of the Act, prescribed as enforcement officers in relation to the penalty notice offences concerned. (2) Any such officer or employee of an organisation (being a local authority, Department, statutory authority or university that is referred to in subclause (6)) is an enforcement officer only if the organisation 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 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. (4) An officer or employee is not an enforcement officer in relation to a penalty notice offence alleged to have been committed by: (a) the organisation that has authorised the officer or employee as an enforcement officer, or (b) an officer or employee of that organisation. (5) A number included in Column 2 of Schedule 1 is a reference to an officer or employee of a class identified by that number. (6) The classes 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 Department of Environment and Conservation 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 Department of Environment and Conservation, (c) class 2A--an officer or employee of the Department of Environment and Conservation who is employed within a group of staff that is designated by the Director-General of the Department as comprising EPA regulatory staff, (d) class 3--an officer or employee of a Port Corporation within the meaning of the Ports Corporatisation and Waterways Management Act 1995, (e) class 4--a police officer, (f) class 5--an officer or employee of the Sydney Water Corporation, the Hunter Water Corporation or a water supply authority within the meaning of the Water Management Act 2000 (other than a water supply authority that is also a local council), (g) class 6--an officer or employee of the Department of Primary Industries, (h) class 7--an officer or employee of the Sydney Harbour Foreshore Authority, (i) class 8--an officer or employee of: (i) the Department of Tourism, Sport and Recreation in relation to a penalty notice offence alleged to have been committed on land vested in the Centennial Park and Moore Park Trust or in the Parramatta Park Trust, or (ii) the Parramatta Stadium Trust, (j) class 9--an officer or employee of an Australian university within the meaning of the Higher Education Act 2001, (k) class 10--an officer or employee of the Sydney Olympic Park Authority, (l) class 11--an officer or employee who is a marine park ranger within the meaning of the Marine Parks Act 1997, (m) class 12--an officer or employee of the Sydney Catchment Authority, (n) class 13--an officer or employee of the Waterways Authority. (7) A reference in this clause to an officer or employee of an organisation includes a reference to a person who: (a) is an officer or employee of a body corporate (whether or not the body corporate is a public authority), and (b) acts under the direction and control of the organisation in the provision of services that are the subject of an arrangement between the body corporate and the organisation. 6 Amounts of penalty payable: section 227 The prescribed penalty payable under a penalty notice in respect of 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. 7 Service 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. 8 Saving arising on repeal of former regulation Any act, matter or thing that, immediately before the repeal of the Protection of the Environment Operations (Penalty Notices) Regulation 1999, had effect under that Regulation continues to have effect under this Regulation. Schedule 1 Penalty notice offences (Clauses 4-7) Environmentally Hazardous Chemicals Act 1985 Column 1 Column 2 Column 3 Column 4 Provision of Act Officer Penalty (individuals) Penalty (corporations) Section 26 2 $1500 $5000 Section 32 (2) 2 $1500 $5000 Ozone Protection Act 1989 Column 1 Column 2 Column 3 Provision of Act Officer Penalty Section 14 (3) 2A $300 Ozone Protection Regulation 1997 Column 1 Column 2 Column 3 Provision of Regulation Officer Penalty Clause 9 (1) 2A $300 Clause 9 (5) 2A $300 Clause 10 (1) 2A $300 Clause 10 (2) 2A $300 Clause 12 (1) 2A $300 Clause 12 (5) 2A $300 Clause 22 2A $300 Clause 24 (1) 2A $300 Clause 25 (1) 2A $300 Clause 31 (1) 2A $300 Clause 39 (1) (a) 2A $300 Clause 39 (1) (b) 2A $300 Clause 40 (1) 2A $300 Protection of the Environment Operations Act 1997 Column 1 Column 2 Column 3 Column 4 Provision of the Act Officer Penalty (individual s) Penalty (corporations ) Section 47 2A $750 $1500 Section 48 2A $750 $1500 Section 49 2A $750 $1500 Section 64 2A $750 $1500 Section 66 (2) 2A $750 $1500 Section 66 (4) 2A $750 $1500 Section 86 2A $750 $1500 Section 88 2A $750 $1500 Section 91 1, 2, 11, 12, 13 $750 $1500 Section 94 1, 2, 11, 12, 13 $500 $1000 Section 97 1, 2, 11, 12, 13 $750 $1500 Section 100 1, 2, 11, 12, 13 $500 $1000 Section 120 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13 $750 $1500 Section 124 1, 2, 13 $750 $1500 Section 125 1, 2, 13 $750 $1500 Section 126 1, 2, 13 $750 $1500 Section 128 1, 2, 13 $750 $1500 Section 129 2A $750 $1500 Section 135 1, 2 $200 $400 Section 135C (1) 1 (limited to officer or employe e of local authority ) $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 less than 5dB(A). 2A $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. 2A $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 2A $300 $600 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. Section 137 1, 2 $200 $400 Section 139 1, 2, 13 $200 $400 Section 140 1, 2, 13 $200 $400 Section 142A 1, 2 $750 $1500 Section 143: Transport waste, being waste comprising asbestos waste or hazardous waste (within the meaning of Schedule 1 to the Act), 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, 4, 12 $1500 $5000 Section 143: Transport waste to a place that cannot lawfully be used as a waste facility for that waste. 1, 2, 4, 12 $750 $1500 Section 144 1, 2, 4, 12 $1500 $5000 Section 144AA (1): 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) 2 $1500 $5000 Section 144AA (1): Supply information, or cause or permit information to be supplied, that is false or misleading in a material respect about any other waste 2 $750 $1500 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, 6, 7, 8, 9, 10, 11, 12, 13 $60 Section 145: Deposit litter (excluding cigarette, and excluding litter deposited from vehicle). 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13 $200 $400 Section 145: Deposit litter, being unlit or extinguished cigarette (excluding litter deposited from vehicle). 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13 $60 Section 145: Deposit litter, being lit cigarette (excluding litter deposited from vehicle). 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13 $200 Section 145: Deposit litter from vehicle. 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13 $200 $400 Section 145A: Deposit litter (for example, lit cigarette) in dangerous circumstances, including deposit of syringe. 1, 2, 3, 4, 6, 7, 8, 9, 10, $375 $750 11, 12, 13 Section 146A 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13 $200 $400 Section 146B 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13 $200 $400 Section 146C 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13 $200 $400 Section 146E (1) 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13 $200 $400 Section 146E (2) 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13 $200 $400 Section 146E (3) 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13 $375 $750 Section 152 1, 2 $750 $1500 Section 155 2A $750 $1500 Section 156 2A $750 $1500 Section 157 (1) 2A $750 $1500 Section 157 (2) 2A $750 $1500 Section 161 (4) 2A $300 $600 Section 161 (7) 2A $300 $600 Section 167 1, 2 $750 $1500 Section 211 (1) 1, 2, 3, 4, 12, 13 $500 $1000 Section 211 (2) 1, 2, 3, 4, 12, 13 $500 $1000 Section 265 1, 2, 3, 13 $200 $400 Section 267A (7) 1, 2, 3, 13 $500 $1000 Section 277 (1) (a) 1, 2, 3, 4, 7, 13 $200 $400 Section 277 (1) (b) 1, 2, 3, $200 $400 4, 7, 13 Section 277 (2) (a) 1, 2, 3, 4, 7, 13 $200 $400 Section 277 (2) (b) 1, 2, 3, 4, 7, 13 $200 $400 Protection of the Environment Operations (Clean Air) Regulation 2002 Column 1 Colum n 2 Column 3 Column 4 Provision of Regulation Officer Penalty for individuals (and corporations where no penalty in Column 4) Penalty for corporation s Clause 6C (1) 1, 2 $500 $1000 Clause 6D (1) 1, 2 $500 $1000 Clause 6E (1) 1, 2 $500 $1000 Clause 6E (2) 1, 2 $500 $1000 Clause 6E (3) 1, 2 $500 $1000 Clause 9 (1) 2A $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. 2A $200 Clause 15 (1): in any other case. 2A $300 Clause 16 (1) 2A $300 Clause 17 (1) 2A $300 Clause 19 (2) 2A $300 Clause 19 (3) 2A $300 Clause 19B (2) 2A $300 $600 Clause 19C (1) 2A $300 $600 Clause 19F (1) 2A $750 $1500 Clause 19F (2) 2A $750 $1500 Clause 19G (1) 2A $300 $600 Clause 19H (1) 2A $300 $600 Clause 37 2A $600 Clause 48 (1) 2A $600 Clause 48 (2) 2A $600 Clause 53 (2) 2A $600 Clause 54 (2) 2A $600 Clause 54 (3) 2A $600 Clause 54 (4) 2A $600 Clause 55 (1) 2A $600 Clause 55 (2) 2A $600 Protection of the Environment Operations (General) Regulation 1998 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 47 (1) 2A $1500 Clause 51 (1) 2A $500 Clause 57D (2) (a) 2A $500 $1000 Clause 57D (2) (b) 2A $500 $1000 Clause 57E (1) 2A $500 $1000 Clause 57E (2) 2A $500 $1000 Clause 57M 2A $750 $1500 Clause 57N (4) 2A $750 $1500 Clause 57P (1) 2A $750 $1500 Clause 72 (8) 2A $500 $1000 Clause 73 (8) 2A $500 $1000 Clause 75 (3) 2A $500 $1000 Clause 75 (4) 2A $500 $1000 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 2A $750 $1500 Protection of the Environment Operations (Noise Control) Regulation 2000 Column 1 Colum n 2 Column 3 Column 4 Provision of Regulation Officer Penalty (individual s) Penalty (corporations ) Clause 6 (1) 2A $300 $600 Clause 11 2A $300 $600 Clause 12 (1) 2A $300 $600 Clause 13 (1): Cause or permit use of vehicle capable of emitting noise exceeding maximum level by up to 5 dB(A). 2A $150 $300 Clause 13 (1): Cause or permit use of vehicle capable of emitting noise exceeding maximum level by between 5 and 15 dB(A). 2A $250 $500 Clause 13 (1): Cause or permit use of vehicle capable of emitting noise exceeding maximum level by more than 15 dB(A). 2A $500 $1000 Clause 14 1, 2, 4 $200 $400 Clause 15 (1) 1, 2, 4 $200 $400 Clause 16 (1) 1, 2, 4 $200 $400 Clause 17 1, 2, 4 $150 $300 Clause 17A (1) 2, 4 $150 Clause 18 (1) 2, 4 $200 $400 Clause 18 (2) (a) 2, 4 $200 $400 Clause 18 (2) (b) 2, 4 $200 $400 Clause 19 (1) 2, 4 $200 $400 Clause 20 2A $200 $400 Clause 21 (1) (a) 2A $200 $400 Clause 21 (1) (b) 2A $200 $400 Clause 21 (2) (a) 2A $200 $400 Clause 21 (2) (b) 2A $200 $400 Clause 23 1, 2, 4 $200 $400 Clause 24 (1): Cause or permit use of noisy alarm (for up to 24 hours). 1, 2, 4, 7 $200 $400 Clause 24 (1): Cause or permit use of noisy alarm (for more than 24 hours and up to 48 hours). 1, 2, 4, 7 $400 $800 Clause 24 (1): Cause or permit use of noisy alarm (for more than 48 hours). 1, 2, 4, 7 $600 $1200 Clause 25 (1) 2A $200 $400 Clause 26 (5) 2, 4 $300 $600 Clause 27 (4) 2, 4 $300 $600 Clause 27 (5) 2, 4 $300 $600 Clause 29 1, 3, 4, 13 $200 $400 Clause 30 1, 3, 4, 13 $300 $600 Clause 31 (1) 3, 4, 13 $200 $400 Clause 31 (2) (a) 3, 4, 13 $200 $400 Clause 31 (2) (b) 3, 4, 13 $200 $400 Clause 32 (1) 1, 3, 4, 13 $300 $600 Clause 33 (5) 3, 4, 13 $300 $600 Clause 34 (4) 3, 4, 13 $300 $600 Clause 34 (5) 3, 4, 13 $300 $600 Clause 50 (1) 1, 4 $200 $400 Clause 51 (1) 1, 4 $200 $400 Clause 52 (1) 1, 4 $200 $400 Clause 53 (1): Cause or permit use of noisy intruder alarm (for up to 24 hours). 1, 2, 4 $200 $400 Clause 53 (1): Cause or permit use of noisy intruder alarm (for more than 24 hours and up to 48 hours). 1, 2, 4 $400 $800 Clause 53 (1): Cause or permit use of noisy intruder alarm (for more than 48 hours). 1, 2, 4 $600 $1200 Protection of the Environment Operations (Waste) Regulation 2005 Column 1 Column 2 Column 3 Provision of Regulation Officer Penalty Clause 6 (5) 2A $500 Clause 10 (2) 2A $500 Clause 10 (3) (a) 2A $500 Clause 10 (3) (b) 2A $500 Clause 11 (7) 2A $500 Clause 12 (1) 2A $500 Clause 12 (2) 2A $500 Clause 12 (3) 2A $500 Clause 13 2A $500 Clause 14 (1) 2A $500 Clause 14 (2) 2A $500 Clause 15 (1) 2A $500 Clause 15 (2) 2A $500 Clause 16 (3) 2A $500 Clause 22 (1) 2A $500 Clause 22 (2) 2A $500 Clause 22 (3) 2A $500 Clause 23 2A $500 Clause 24 (1) 2A $500 Clause 24 (2) 2A $500 Clause 24 (3) 2A $500 Clause 24 (4) 2A $500 Clause 24 (6) 2A $500 Clause 25 (1) 2A $500 Clause 25 (3) 2A $500 Clause 25 (4) 2A $500 Clause 25 (5) 2A $500 Clause 25 (6) 2A $500 Clause 26 (2) 2A $500 Clause 27 (4) 2A $500 Clause 27 (5) 2A $500 Clause 28 (5) 2A $500 Clause 29 (4) 2A $500 Clause 32 2A $500 Clause 33 2A $500 Clause 34 2A $500 Clause 35 2A $500 Clause 36 2A $500 Clause 40 (1) 2A $500 Clause 40 (2) 2A $500 Clause 42 (2) 1, 2 $500 Clause 42 (6) 1, 2 $500 Clause 43 1, 2 $500 Clause 45 (1) 1, 2 $750 Clause 46K (1) 2 $500 Clause 46L (1) or (6) 2 $500 Clause 46M 2 $500 Clause 47 (3) 2A $500 Clause 47 (4) 1, 2 $500 Clause 47 (5) 2A $500 Clause 48 1, 2 $500 Clause 49 1,2 $500 Clause 50 (11) 2A $500 Clause 51 (10) 2A $500 Clause 52 1, 2 $500 Historical notes The following abbreviations are used in the Historical notes: Am amended No number Schs Schedules Cl clause p page Sec section Cll clauses pp pages Secs sections Div Division Reg Regulation Subdiv Subdivision Divs Divisions Regs Regulation s Subdivs Subdivision s GG Government Gazette Rep repealed Subst substituted Ins inserted Sch Schedule Table of amending instruments Protection of the Environment Operations (Penalty Notices) Regulation 2004 published in Gazette No 138 of 27.8.2004, p 7085. This Regulation has been amended as follows: 200 5 (241 ) Protection of the Environment Operations (Waste) Amendment (Residue Wastes) Regulation 2005. GG No 73 of 17.6.2005, p 2415. Date of commencement, on gazettal. (497 ) Protection of the Environment Operations (Waste) Regulation 2005. GG No 107 of 26.8.2005, p 5745. Date of commencement of Sch 2 [1], 1.9.2005, cl 2 (1); date of commencement of Sch 2 [2], 1.3.2006, cl 2 (2). (535 ) Protection of the Environment Operations (Penalty Notices) Amendment (Clean Air) Regulation 2005. GG No 110 of 1.9.2005, p 6968. Date of commencement, 1.9.2005, cl 2. 200 6 (218 ) Protection of the Environment Operations (Penalty Notices) Amendment (Pollution and Other Offences) Regulation 2006. GG No 58 of 28.4.2006, p 2438. Date of commencement, 1.5.2006, cl 2. (491 ) Protection of the Environment Operations Legislation Amendment (Control of Burning) Regulation 2006. GG No 106 of 25.8.2006, p 6616. Date of commencement, 1.9.2006, cl 2. (524 ) Protection of the Environment Operations (Penalty Notices) Amendment (Used Packaging Materials) Regulation 2006. GG No 111 of 1.9.2006, p 7441. Date of commencement, on gazettal. 200 7 (123 ) Protection of the Environment Operations (General) Amendment (Vehicle Testing and Inspection) Regulation 2007. GG No 36 of 2.3.2007, p 1490. Date of commencement, on gazettal. Table of amendments Sch 1 Am 2005 (241), Sch 2; 2005 (497), Sch 2 [1] [2]; 2005 (535), Sch 1 [1] [2]; 2006 (218), Sch 1 [1] [2]; 2006 (491), Sch 3 [1] [2]; 2006 (524), Sch 1; 2007 (123), Sch 2.2.