ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 285A Modification of Part 8.3 of the Protection of the Environment Operations Act 1997

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 285A

285A Modification of Part 8.3 of the Protection of the Environment Operations Act 1997

For the purposes of section 9.56(2A) of the Act, Part 8.3 (Court orders in connection with offences) of the Protection of the Environment Operations Act 1997 applies subject to the following modifications--

(a) references in that Part to preventing, controlling, abating or mitigating any harm to the environment caused by the commission of the offence are taken to include a reference to reversing or rectifying any unlawful development or activity related to the commission of the offence,

(b) the terms
"environment" and
"public authority" , when used in that Part, have the same meaning as they have in the Environmental Planning and Assessment Act 1979 ,

(c) references in that Part to a "regulatory authority" or "the EPA" are to be read as references to a "public authority",

(d) the reference to the Environment Trust established under the Environmental Trust Act 1998 in section 250(1)(e) is to be disregarded,

(e) the maximum penalty for an offence under section 251 of failing to comply with an order is--

(i) in the case of a corporation--"$50,000", and

(ii) in the case of an individual--"$10,000".