New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 161

161 Notices

(1) Notice to repair An authorised officer may, by notice in writing given to the owner of a motor vehicle which the officer reasonably suspects emits excessive air impurities, direct the owner to cause it to be serviced or repaired, within a specified period of time, so that it no longer emits excessive air impurities.

(2) Notice regarding anti-pollution devices An authorised officer may, by notice in writing given to the owner of a motor vehicle, direct the owner--

(a) if the vehicle is not fitted with every prescribed anti-pollution device required by the regulations to be fitted to it--to cause it to be fitted with specified prescribed anti-pollution devices, or

(b) if any device fitted to the vehicle (being a prescribed anti-pollution device or any other device designed to minimise air pollution) has been removed, disconnected or impaired--to cause the device to be refitted, reconnected or repaired, or

(c) if any such device or any part of the vehicle has been so adjusted or modified that, as a result, the vehicle emits excessive air impurities--to cause the device or part to be readjusted or restored,

within a specified period of time.

(3) Revoking or varying notice A notice given under this section in respect of a motor vehicle may be revoked or varied by an authorised officer by further notice in writing given to the owner of the vehicle.

(4) Offence A person who uses a motor vehicle in respect of which a notice has been given under this section, or causes or permits it to be used, is guilty of an offence if at that time--

(a) the person knows that the notice has been given, and

(b) the notice has not been revoked, and

(c) the period of time specified in the notice has expired, and

(d) the notice has not been complied with.

: Maximum penalty--60 penalty units.

(6) Driving permitted for limited purposes A motor vehicle may be driven to a place for the purpose of--

(a) having the work required by a notice under this section carried out, or

(c) having the vehicle inspected by an authorised officer or a person authorised by such an officer, or

(c1) having the vehicle tested or inspected by a person approved by the EPA for the purposes of section 207 (2) (c), or

(d) returning from having any such work done or vehicle tested or inspected,

without contravening subsection (4).