New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 144AB

144AB Repeat waste offenders

(1) For the purposes of this section, a
"waste offence" is an offence against any of the following provisions of this Act--

(aaa) section 91B, in relation to a pollution incident relating to waste,

(aa) section 115(1),

(ab) section 116, if the leaks, spillages or other escapes involve waste,

(a) section 120 (1) (where waters are polluted by waste),

(b) section 142A (1),

(c) section 143 (1),

(d) section 144 (1),

(e) section 144AAA (1),

(f) section 144AAB,

(g) section 144AA(1) or (2),

(h) section 286A(2),

(i) section 286B(1),

(j) section 286C(1).

(2) A person commits an offence against this section if the person is an individual who--

(a) has been convicted of a waste offence, and

(b) commits a waste offence on a separate subsequent occasion within 5 years after that conviction.

: Maximum penalty--The maximum monetary penalty provided by this Act for the commission of the waste offence by an individual or imprisonment for 2 years, or both.

(3) A reference in this section to a conviction for a waste offence includes a conviction before or after the commencement of this section and a conviction for an offence against this section.

(4) If the court is satisfied that a person charged with an offence against this section is not guilty of that offence but is satisfied on the evidence that the person is guilty of the waste offence to which the charge relates, the court may find the person guilty of the waste offence, and the person is liable to punishment accordingly.

(5) Proceedings for an offence against this section may not be dealt with before the Local Court despite section 215.