New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 10.6

10.6 Offence--false or misleading information

(cf previous s 148B)

(1) A person must not provide information in connection with a planning matter that the person knows, or ought reasonably to know, is false or misleading in a material particular.

: Maximum penalty--Tier 3 monetary penalty.

(3) For the purposes of this section, a person provides information in connection with a planning matter if--

(a) the person is an applicant for a consent, approval or certificate under this Act (or for the modification of any such consent, approval or certificate) and the information is provided by the applicant in or in connection with the application, or

(b) the person is engaged by any such applicant and the information is provided by that person for the purposes of the application, or

(c) the person is a proponent of proposed development and the information is provided in or in connection with a formal request to the Minister, a council, the Planning Secretary or other planning authority for the making of provisions of an environmental planning instrument, Ministerial planning order, plan or other document under this Act in relation to the proposed development, or

(d) the person provides information in connection with any other matter or thing under this Act that the regulations declare to be the provision of information in connection with a planning matter for the purposes of this section.

(4) An environmental impact statement or other document is part of information provided in connection with a matter if it forms part of or accompanies the matter or is subsequently submitted in support of the matter.

Note--: The Crimes Act 1900 contains other offences relating to false and misleading information: section 192G (Intention to defraud by false or misleading statement--maximum penalty 5 years imprisonment); sections 307A, 307B and 307C (False or misleading applications/information/documents--maximum penalty 2 years imprisonment or $22,000, or both).