New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 144

144 Use of place as waste facility without lawful authority

(1) A person who is the owner or occupier of any place and who uses the place, or causes or permits the place to be used, as a waste facility without lawful authority is guilty of an offence.

: Maximum penalty--

(a) for a corporation--

(i) if the offence involves asbestos waste--$4,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or

(ii) otherwise--$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or

(b) for an individual--

(i) if the offence involves asbestos waste--$1,000,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues, or

(ii) otherwise--$500,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues.

Note--: An offence against subsection (1) committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation--see section 169.

(2) In any proceedings for an offence under this section the defendant bears the onus of proving that there is lawful authority to use the place concerned as a waste facility.