New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 9.42

9.42 Offences relating to monitoring and environmental audits

(cf previous s 122E)

(1) False or misleading information in monitoring or audit report A person must not include information in (or provide information for inclusion in)--

(a) a report of monitoring data, or

(b) an audit report produced to the Minister in connection with an environmental audit,

if the person knows that the information is false or misleading in a material respect.

(2) Information not included in monitoring or audit report The proponent of an approved project must not fail to include information in (or provide information for inclusion in)--

(a) a report of monitoring data, or

(b) an audit report produced to the Minister in connection with an environmental audit,

if the proponent knows that the information is materially relevant to the monitoring or audit.

(3) Retention of monitoring data or audit documentation The proponent of an approved project must--

(a) retain any monitoring data in accordance with the relevant condition of the approval for at least 5 years after it was collected, and

(b) retain any documentation required to be prepared by the proponent in connection with an environmental audit for a period of at least 5 years after the audit report concerned was produced to the Minister, and

(c) produce during that period any such documentation on request to a departmental investigation officer under Division 9.2.

: Maximum penalty--Tier 3 monetary penalty.