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, Part 8.3—the Act, s 9.56(2A)
The Protection of the Environment Operations Act 1997, Part 8.3 applies to an offence under the Environmental Planning and Assessment Act 1979 or this Regulation, with the following modifications—
(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,
(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,
(c) a reference in that Part to a regulatory authority or the EPA is to be read as a reference to a public authority,
(d) the reference in the Protection of the Environment Operations Act 1997, section 250(1)(e) to the Environment Trust established under the Environmental Trust Act 1998 is to be disregarded,
(e) the maximum penalty for an offence under the Protection of the Environment Operations Act 1997, section 251 of failing to comply with an order is $50,000 for a corporation and $10,000 for an individual.