New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 296E

296E Failure to comply with phase-out conditions

(1) If a phase-out condition of a licence is contravened by a person, each holder of the licence is guilty of an offence.

: Maximum penalty--

(a) for an individual--

(i) $500,000, and

(ii) for each day the offence continues--$60,000, or

(b) otherwise--

(i) $2,000,000, and

(ii) for each day the offence continues--$120,000.

Note--: An offence against this section committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation--see section 169.

(2) The holder of a licence is not guilty of an offence against this section if the holder establishes that--

(a) the contravention of the condition was caused by another person, and

(b) the other person was not associated with the holder when the condition was contravened, and

(c) the holder took all reasonable steps to prevent the contravention of the condition.

(3) Without limiting subsection (2)(b), a person is associated with the holder if the person is an employee, agent, licensee, contractor or subcontractor of the holder.

(4) In this section--

"holder" , of a licence, includes--

(a) the former holder of the licence, and

(b) another person required to comply with the condition or to whom the condition applies.

"phase-out condition" means a condition--

(a) imposed on a licence in relation to a Schedule 6 or 7 chemical within the meaning of Schedule 1, and

(b) specified in the licence as a phase-out condition.