New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 153B

153B EPA may direct other persons to prepare pollution incident response management plan

(1) The EPA may, in accordance with the regulations, require the occupier of premises at which industry is carried out to prepare a pollution incident response management plan that complies with this Part in relation to activities at the premises.

(2) A person must not fail to comply with such a requirement.

: Maximum penalty--

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

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

Note : An offence against subsection (2) 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.

(3) The regulations may make provision for or with respect to--

(a) the class or classes of premises, or industries carried out at premises, that may be the subject of a requirement to prepare a pollution incident response management plan, and

(b) the circumstances in which some or all premises within those classes may be the subject of a requirement to prepare a pollution incident response management plan.