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Environmental Planning and Assessment Regulation 2021
295Modification of Protection of the Environment Operations Act 1997, Part 8.3—the Act, s 9.56(2A)
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#### 295 Modification of Protection of the Environment Operations Act 1997, Part 8.3—the Act, s 9.56(2A)
295 Modification of [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156), Part 8.3—the Act, s 9.56(2A)
> The [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156), Part 8.3 applies to an offence under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) or this Regulation, with the following modifications—
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> > (a) a reference in that Part to preventing, controlling, abating or mitigating harm to the environment caused by the commission of the offence is taken to include a reference to reversing or rectifying any unlawful development or activity related to the commission of the offence,
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> > (b) the terms environment and public authority, when used in that Part, have the same meaning as in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203),
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> > (c) a reference in that Part to a regulatory authority or the EPA is to be read as a reference to a public authority,
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> > (d) the reference in the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156), section 250(1)(e) to the Environment Trust established under the [Environmental Trust Act 1998](/view/html/inforce/current/act-1998-082) is to be disregarded,
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> > (e) the maximum penalty for an offence under the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156), section 251 of failing to comply with an order is $50,000 for a corporation and $10,000 for an individual.