New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 167

167 Control equipment

(1) The occupier of any premises must maintain any control equipment installed at the premises in an efficient condition.

(2) The occupier of any premises must operate any control equipment installed at the premises in a proper and efficient manner.

(3) This section does not apply to any control equipment prescribed by the regulations as being excluded from this section.

(4) An occupier of premises who contravenes this section is guilty of an offence.

: 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 (4) 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.

Note--:
"control equipment" is defined in the Dictionary.