New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 128

128 Standards of air impurities not to be exceeded

(1) The occupier of any premises must not carry on any activity, or operate any plant, in or on the premises in such a manner as to cause or permit the emission at any point specified in or determined in accordance with the regulations of air impurities in excess of--

(a) the standard of concentration and the rate, or

(b) the standard of concentration or the rate,

prescribed by the regulations in respect of any such activity or any such plant.

(1A) Subsection (1) applies only to emissions (
"point source emissions" ) released from a chimney, stack, pipe, vent or other similar kind of opening or release point.

(2) The occupier of any premises must carry on any activity, or operate any plant, in or on the premises by such practicable means as may be necessary to prevent or minimise air pollution if--

(a) in the case of point source emissions--neither a standard of concentration nor a rate has been prescribed for the emissions for the purposes of subsection (1), or

(b) the emissions are not point source emissions.

(3) A person who contravenes this section is guilty of an offence.