New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 86

86 Notice for breach of licensing requirements

(1) If the occupier of any premises carries out work at the premises in contravention of Part 3.2, the appropriate regulatory authority may, by notice in writing given to the occupier, require the occupier--

(a) to remove the work that has been carried out, or

(b) to restore the premises to their previous state,

within such time as may be specified in the notice.

(2) A notice under this section operates from the day the notice is given or from such later day as the notice specifies.

(2A) If an appeal is made against a notice under this section and the Land and Environment Court directs that the notice is stayed, the notice does not operate until the stay ceases to have effect or the Land and Environment Court confirms the notice or the appeal is withdrawn, whichever first occurs.

(3) A person who contravenes the requirements of a notice under this section 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 (3) 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.