New South Wales Consolidated Acts

CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 45

45 Obstruction of persons

(1) A person must not wilfully delay or obstruct a person (including a public authority) who is carrying out any action in compliance with an order or notice under this Part.

Maximum penalty:

(a) in the case of a corporation-1,250 penalty units and, in the case of a continuing offence, a further penalty of 600 penalty units for each day the offence continues, or

(b) in the case of an individual-600 penalty units and, in the case of a continuing offence, a further penalty of 300 penalty units for each day the offence continues.

(2) It is a defence to a prosecution for an offence under this section if the defendant establishes that the delay or obstruction to the person occurred in a situation in which the person was present on the land without the permission of the occupier or contrary to the terms of the occupier’s permission.