New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 64

64 Failure to comply with condition

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

: 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 offence attracting special executive liability for a director or other person involved in the management of the corporation--see section 169.

(2) Defence 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) that other person was not associated with the holder at the time the condition was contravened, and

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

A person is associated with the holder for the purposes of paragraph (b) (but without limiting any other circumstances of association) if the person is an employee, agent, licensee, contractor or sub-contractor of the holder.

(3) This section extends to conditions to which the suspension, revocation or surrender of a licence is subject under section 81, including a condition varied under section 81A.

(4) For the purposes of subsection (3), a reference to the holder of the licence includes a reference to--

(a) the former holder of the licence, and

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