SCHEDULE 3 - Offences under Se SCHEDULE 3 - Offences under Section 53(2) of Environmental Management and Pollution Control Act 1994 Constituted by Specified Conduct

Regulation 19

| | Column 1 | Column 2 | Column 3 | | | Type of conduct | Penalty – individual | Penalty – body corporate | | | | (penalty units) | (penalty units) | | 1. | Unlawfully causing an environmental nuisance by the emission or discharge from – | | | | | (a) residential premises of a pollutant in water, wastewater or any other form of liquid; or | 2 | 4 | | | (b) any premises or place, other than residential premises, of a pollutant in water, wastewater or any other form of liquid; or | 5 | 10 | | | (c) residential premises of a solid, liquid or gaseous pollutant, including offensive odours, into the atmosphere; or | 2 | 4 | | | (d) any premises or place, other than residential premises, of a solid, liquid or gaseous pollutant, including offensive odours, into the atmosphere; or | 5 | 10 | | | (e) residential premises of noise which is unreasonable having regard to – | 2 | 4 | | | (i) its volume, intensity or duration; and | | | | | (ii) the time, place and other circumstances in which it is emitted; and | | | | | (iii) whether it is, or is likely to be, audible in a habitable room of any other residential premises; or | | | | | (f) any premises or place, other than residential premises, of noise which is unreasonable having regard to – | 5 | 10 | | | (i) its volume, intensity or duration; and | | | | | (ii) the time, place and other circumstances in which it is emitted; or | | | | | (g) residential premises of a pollutant in the form of energy, other than noise, including radioactivity and electromagnetic radiation; or | 2 | 4 | | | (h) any premises or place, other than residential premises, of a pollutant in the form of energy, other than noise, including radioactivity and electromagnetic radiation; or | 5 | 10 | | | (i) residential premises of a pollutant which comprises solid material; or | 2 | 4 | | | (j) any premises or place, other than residential premises, of a pollutant which comprises solid material; or | 5 | 10 | | | (k) any vehicle of a pollutant, other than noise, including solids, liquids and gases; or | 2 | 4 | | | (l) any vehicle, not on a public street, of noise. | 2 | 4 | | 2. | Unlawfully causing an environmental nuisance by the deposit of a solid or liquid pollutant in or on – | | | | | (a) residential premises; or | 2 | 4 | | | (b) any premises or place other than residential premises. | 5 | 10 | | 3. | Unlawfully causing an environmental nuisance by the disturbance of a solid, liquid or gaseous pollutant in or on – | | | | | (a) residential premises; or | 2 | 4 | | | (b) any premises or place other than residential premises. | 5 | 10 |