New South Wales Consolidated Acts
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PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 321
Service of documents
321 Service of documents
(1) A document authorised or required by this Act or the regulations to be
served on a person may be served in any of the following ways-- (a) for
service on an individual-- (i) by personal delivery to the individual, or
(ii) by post to-- (A) the address specified by the individual for service of
documents generally or documents of that kind, or
(B) if the individual has
not specified an address for service--the residential or business address of
the individual last known to the person serving the document, or
(iii) if the
individual's address for service includes a document exchange address in New
South Wales--by leaving a copy of the document, addressed to the individual,
at the document exchange in accordance with the usual arrangements for the
exchange, or
(iv) by leaving a copy of the document, addressed to the
individual-- (A) at the address specified by the individual for service of
documents generally or documents of that kind, or
(B) if the individual has
not specified an address for service--at the residential or business address
of the individual last known to the person serving the document, or
(v) if
the individual has consented, whether explicitly or impliedly, to service of
documents generally, or documents of that kind, by
electronic communication--by electronic communication, or Examples of
impliedly consenting to service of documents by electronic communication--:
previously using email to correspond with the EPA or including the
individual's email address on applications made, or other documents given, to
the EPA
(vi) in another way authorised by the regulations for the service of
documents generally or documents of that kind,
(b) for service on another
person-- (i) by post to-- (A) the address specified by the person for service
of documents generally or documents of that kind, or
(B) if the person has
not specified an address for service--the business address of the person last
known to the person serving the document, or
(ii) if the person's address for
service includes a document exchange address in New South Wales--by leaving a
copy of the document, addressed to the person, at the document exchange in
accordance with the usual arrangements for the exchange, or
(iii) by leaving
a copy of the document, addressed to the person-- (A) at the address specified
by the person for service of documents generally or documents of that kind, or
(B) if the person has not specified an address for service--at the business
address of the person last known to the person serving the document, or
(iv)
if the person has consented, whether explicitly or impliedly, to service of
documents generally, or documents of that kind, by
electronic communication--by electronic communication, or Examples of
impliedly consenting to service of documents by electronic communication--:
previously using email to correspond for the purposes of this Act or including
the person's email address on applications or other documents under this Act
(v) in another way authorised by the regulations for the service of documents
generally or documents of that kind.
(2) Nothing in this section affects the
operation of another law, including the rules of a court, authorising a
document to be served on a person in another way.
(3) In this section--
"electronic communication" has the same meaning as in the
Electronic Transactions Act 2000 .
"serve" includes give, issue, notify and send.
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