New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 144AA

144AA False or misleading information about waste

(1) A person who supplies information about waste to another person in the course of dealing with the waste, being information that is false or misleading in a material respect, is guilty of an offence.
It is a defence in any proceedings against a person for an offence under this subsection if the person establishes that the person took all reasonable steps to ensure that the information was not false or misleading in a material respect.

: Maximum penalty--

(a) for a corporation--$1,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or

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

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

(2) A person who supplies information about waste to another person in the course of dealing with the waste, being information that the person knows is false or misleading in a material respect, is guilty of an offence.

: Maximum penalty--

(a) for a corporation--$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--either or both of the following--

(i) $1,000,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues,

(ii) imprisonment for 18 months.

(2A) If the court is satisfied that a person charged with an offence under subsection (2) is not guilty of that offence but is satisfied on the evidence that the person is guilty of an offence under subsection (1), the court may find the person guilty of the offence under subsection (1), and the person is liable to punishment accordingly.

(2B) Proceedings for an offence under subsection (2) may not be dealt with before the Local Court despite section 215.

(3) In this section, information is taken to be supplied to a person
"in the course of dealing with waste" if it is supplied--

(a) in the course of an activity relating to the sale or disposal of waste, or

(b) in the course of an activity relating to the storage, transport, handling, deposit, transfer, processing, recycling, recovery, re-use or use of the waste.

(4) In this section,
"information about waste" means information about any of the following--

(a) the type, classification, characteristics, composition or quantity of the waste,

(b) the actual or proposed storage, transport, handling, deposit, transfer, disposal, processing, recycling, recovery, re-use or use of the waste,

(c) the hazards or potential harm to the environment or human health associated with the waste or an activity referred to in paragraph (b).

(5) In this section,
"information" includes a record containing information.

(5A) In this section,
"supply information" includes cause or permit information to be supplied.

(6) Proceedings for an offence against this section may be instituted only by the EPA.