New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 323

323 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) In particular, the regulations may make provision for or with respect to the matters set out in Schedule 2.

(3) The regulations may create offences punishable by a penalty not exceeding--

(a) 250 penalty units in the case of an individual, or

(b) 500 penalty units in the case of a corporation.

(4) The regulations may adopt any document (including for example a code of practice) as in force from time to time.

(5) Nothing in this section limits or restricts the conditions that may be attached to a licence, but any such condition that is inconsistent with a regulation has no force or effect.

(5A) Despite subsection (5), a condition of a licence may be inconsistent with a requirement of the same kind in a regulation, but only to the extent that the condition imposes a more stringent requirement than the regulation.

(6) Section 12 of the Food Act 2003 does not apply to regulations or other instruments made under this Act.

(7) Without limiting the power to make regulations, the regulations may contain provisions of a savings or transitional nature consequent on the making of a regulation for the purposes of section 6 (3).