New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 295E

295E Imposition of penalties for contravention of scheme

(1) If the EPA is satisfied that a participant in a tradeable emission scheme has caused a pollutant to be emitted in contravention of the scheme on one or more occasions, the EPA may, subject to the regulations, require the participant to pay a penalty to the EPA.

(2) The penalty is to be the amount prescribed by, or calculated in accordance with, the regulations.

(3) Without limiting subsection (2), the regulations may provide for the penalty to be calculated on the basis of the following (or a combination of the following)--

(a) the quantity of pollutant emitted by the participant in contravention of the scheme, as estimated by the EPA,

(b) the amount of monetary, financial or other economic benefits obtained by the participant as a result of contravening the scheme, as estimated by the EPA.

(4) The EPA is required to give written notice to a participant of--

(a) any penalty the participant is required to pay under this section, and

(b) the time within which the penalty is to be paid.

(5) If the participant fails to pay the penalty, within the time specified by the EPA in the notice, the EPA may--

(a) cancel, suspend, or order the forfeiture of, any tradeable emission permits or credits held by the participant, in accordance with the regulations, or

(b) take any other action against the person (such as suspending the person from participating in the scheme) that is authorised by the regulations.

(6) This section does not prevent proceedings being taken against a participant for an offence against this Act or the regulations arising as a result of a contravention of a tradeable emission scheme.

(7) The EPA may take any other action authorised by the regulations (as referred to in section 295F) in addition to or instead of imposing a penalty under this section.