New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 167A

167A False or misleading information

(1) A person who supplies information to the EPA that is false or misleading in a material respect is guilty of an offence.

: Maximum penalty--

(a) for a corporation--$1,000,000, or

(b) for an individual--$500,000.

Note--: An offence under this subsection 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) It is a defence in proceedings against a person for an offence under subsection (1) if the person establishes that the person took all reasonable steps to ensure the information was not false or misleading in a material respect.

(3) A person who supplies information to the EPA 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, or

(b) for an individual--$1,000,000 or imprisonment for 18 months, or both.

(4) If the court is satisfied that a person charged with an offence under subsection (3) 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.

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

(6) Despite section 215, proceedings for an offence under subsection (3) may not be dealt with before the Local Court.

(7) In this section--

"information" includes a record containing information.

"supply information" includes cause or permit information to be supplied.