New South Wales Bills Explanatory Notes New South Wales Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
Amendment (Enforcement) Bill 1996
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a)
to extend the limitation period within which proceedings for offences
against the environmental legislation must be instituted so as to enable
proceedings to be instituted within the requisite period after evidence
of the offence first comes to the attention of any relevant authorised
officer under that legislation (instead of only within the requisite
period after the commission of the alleged offence), and
(b)
to make it clear that authorised officers may enter premises under the
environmental legislation if the officer suspects that pollution has been
caused in or from the premises (at present the power of entry applies in
some cases only if the officer suspects that pollution is being or is
likely to be caused), and
(c)
to make it clear that authorised officers may require an occupier of
premises under the environmental legislation to produce records if the
officer suspects that pollution has been caused in or from the premises
(at present the power to require the production of records applies only
if the officer suspects that pollution is being or is usually caused).
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clauses 3-7 are formal provisions giving effect to the amendments to the
Environmental Offences and Penalties Act 1989, the Clean Air Act 1961, the
Clean Waters Act 1970, the Noise Control Act 1975 and the Pollution Control
Act 1970 set out in Schedules 1-5.
Schedule 1
Amendment of Environmental Offences and
Penalties Act 1989
The Schedule substitutes section 12 of the Act to give effect to paragraph (a) of the above objects.
At present, proceedings for serious environmental offences must be
commenced within 3 years after the commission of the alleged offence. Other
environmental offences must be commenced within 12 months after the
commission of the alleged offence. Under the proposed substituted section,
the period is extended to 3 years or 1 year (depending on the offence) after
evidence of the offence first comes to the attention of relevant authorised
officers under the environmental legislation.
Schedule 2
Amendment of Clean Air Act 1961
The Schedule amends section 27 of the Act to give effect to paragraph (c) of
the above objects in connection with air pollution.
Schedule 3
Amendment of Clean Waters Act 1970
The Schedule amends section 29 of the Act to give effect to paragraph (c) of
the above objects in connection with water pollution.
Explanatory note page 2
Schedule 4
Amendment of Noise Control Act 1975
Schedule 4 [1] amends section '76 of the Act to give effect to paragraph (b) of
the above objects in connection with noise.
Schedule 4 [2] also amends section 76 of the Act to give effect to paragraph
(c) of the above objects in connection with noise.
Schedule 5
Amendment of Pollution Control Act 1970
Schedule 5 [l] amends section 24 of the Act to give effect to paragraph (b) of
the above objects in connection with the Act.
Schedule 5 [2] also amends section 24 of the Act to give effect to paragraph
(c) of the above objects in connection with the Act.
Explanatory note page 3