New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 135C

Contravention of smoke abatement notices

135C Contravention of smoke abatement notices

(1) A person to whom a smoke abatement notice has been given must not, without reasonable excuse, fail to comply with the notice while the notice remains in force.
: Maximum penalty--30 penalty units.
(2) A smoke abatement notice does not prevent the emission of smoke that is not excessive smoke.
(3) In any proceedings for an offence under this section, a document signed by the authorised officer of an appropriate regulatory authority who issued a smoke abatement notice certifying that the officer had, at a specified time and place--
(a) observed a plume of smoke being emitted from a chimney on or in premises specified in the certificate for a continuous period of not less than 10 minutes, and
(b) observed during that period a plume of smoke extending at least 10 metres from the point at which the smoke was emitted from the chimney for a period of not less than 30 seconds,
is evidence of the matters so certified, unless the contrary is proved.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback