New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 144AA

144AA False or misleading information about waste

(1) A person who supplies information, or causes or permits information to be supplied, that is false or misleading in a material respect about waste to another person in the course of dealing with the waste is guilty of an offence.

Maximum penalty:

(a) in the case of a corporation-$250,000, or

(b) in the case of an individual-$120,000.

(2) It is a defence in any proceedings against a person for an offence under this section if the person establishes that the person took all reasonable steps to ensure that the information was not false or misleading in a material respect.

(3) In this section, information is taken to be supplied to a person "in the course of dealing with waste" if it is supplied:

(a) in the course of an activity relating to the sale or disposal of waste, or

(b) in the course of an activity relating to the storage, transport, handling, deposit, transfer, processing, recycling, recovery, re-use or use of the waste.

(4) In this section, "information about waste" means information about any of the following:

(a) the type, classification, characteristics, composition or quantity of the waste,

(b) the actual or proposed storage, transport, handling, deposit, transfer, disposal, processing, recycling, recovery, re-use or use of the waste,

(c) the hazards or potential harm to the environment or human health associated with the waste or an activity referred to in paragraph (b).

(5) In this section, "information" includes a record containing information.

(6) Proceedings for an offence against this section may be instituted only by the EPA.