New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 47

47 Licensing requirement--scheduled development work

(1) Offence A person who is the occupier of any premises at which scheduled development work is carried out is guilty of an offence unless the person is, at the time that work is carried out, the holder of a licence that authorises that work to be carried out at those premises.

: Maximum penalty--

(a) in the case of a corporation--$2,000,000 and, in the case of a continuing offence, a further penalty of $240,000 for each day the offence continues, or

(b) in the case of an individual--$500,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues.

Note : An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation--see section 169A.

(2) Provisions relating to offences In proceedings for an offence arising under this section--

(a) it is not necessary that it be established that the offence was committed on a particular day or on particular days, provided it is established that the offence was committed during a particular period, and

(b) it is immaterial whether or not the work referred to in subsection (1) was or is completed.

(3) Meaning of scheduled development work In this Act--

"scheduled development work" means work at any premises at which scheduled activities are not carried on that is designed to enable scheduled activities to be carried on at the premises. However,
"scheduled development work" --

(a) also includes anything that is specified by the regulations as scheduled development work for the purposes of this Act, but

(b) does not (despite the above) include anything that is specified by the regulations as not being scheduled development work for the purposes of this Act.