New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 218

218 Other authorities who may also institute proceedings

(1) Local authority--offences other than excluded offences A local authority may institute proceedings for any offence against this Act or the regulations (other than an excluded offence).

(2) Water Supply Authority A Water Supply Authority (within the meaning of the Water Management Act 2000 ) may institute proceedings for a water pollution offence (other than an excluded offence).

(3) Marine authority The marine authority may institute proceedings for a noise pollution offence referred to in subsection (6) (d) or (e).

(3A) The following persons may institute proceedings for a littering offence--

(a) the Secretary of the Department of Climate Change, Energy, the Environment and Water or a person authorised by the Secretary,

(b) the Secretary of the Department of Planning, Housing and Infrastructure or a person authorised by the Secretary,

(c) the Greater Sydney Parklands Trust constituted under the Greater Sydney Parklands Trust Act 2022 or a person authorised by the Trust,

(d) the Royal Botanic Gardens and Domain Trust constituted under the Royal Botanic Gardens and Domain Trust Act 1980 or a person authorised by the Trust,

(e) a public authority or person prescribed by the regulations.

(4) Police officers Police officers may institute proceedings for--

(a) a noise pollution offence, or

(b) a littering offence, or

(c) an offence against the regulations relating to the operation of a motor vehicle (being an offence prescribed for the purposes of this subsection).

(5) Applicant for noise abatement order A person who was the applicant for a noise abatement order may institute proceedings for an offence against section 269 of contravening the order.

(6) Excluded offences For the purposes of this section, an offence is an
"excluded" offence if it is an offence (other than a littering offence) committed in relation to--

(a) scheduled activities, or

(b) activities or work authorised or controlled by an environment protection licence, or

(c) activities carried on by the State or a public authority, whether at premises occupied by the State or a public authority or otherwise, or

(c1) activities carried on by an authorised network operator (within the meaning of the Electricity Network Assets (Authorised Transactions) Act 2015 ) whether at premises occupied by the authorised network operator or otherwise, or

(d) in the case of a noise pollution offence--a vessel in navigable waters, or

(e) in the case of a noise pollution offence--premises used in connection with vessels and situated adjacent to, or partly or wholly over, navigable waters,

or it is any other offence prescribed by the regulations as an excluded offence.

(7) Other definitions In this section--

"littering offence" means an offence arising under Part 5.6AA or 5.6A.

"noise pollution offence" means an offence arising under Part 5.5, 8.6 or any other provision prescribed for the purposes of this definition.

"water pollution offence" means an offence arising under Part 5.3 or any other provision prescribed for the purposes of this definition.