New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 250A

250A Prohibiting a person from holding a licence

(1) A court may, having regard to the matters mentioned in subsection (2) and other matters the court considers appropriate, make the following orders--

(a) an order prohibiting the offender from either of the following for an indefinite period or a period specified in the order--

(i) being involved in scheduled activities,

(ii) applying for or holding a licence,

(b) another order the court considers appropriate.

(2) The matters to which a court must have regard are as follows--

(a) the offender's record in failing to comply with this Act or the regulations,

(b) any previous conviction of the offender under environment protection legislation,

(c) the circumstances surrounding the commission of the offence for which the offender is being sentenced.

(3) A prohibition order cannot be sought in relation to a public utility that provides an essential service.

(4) In this section--

"public utility that provides an essential service" means the following--

(a) the Crown,

(b) the Sydney Water Corporation constituted by the Sydney Water Act 1994 ,

(c) the Hunter Water Corporation constituted by the Hunter Water Act 1991 ,

(d) a local authority,

(e) another person or body prescribed by the regulations.