Protection of the Environment Operations Act 1997
48Licensing requirement—scheduled activities (premises-based)
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48 Licensing requirement—scheduled activities (premises-based)
48 Licensing requirement—scheduled activities (premises-based)
(1) Application of section This section applies to scheduled activities where Schedule 1 indicates that a licence is required for premises at which the activity is carried on.
(2) Offence A person who is the occupier of any premises at which any such scheduled activity is carried on is guilty of an offence, unless the person is, at the time that activity is carried on, the holder of a licence that authorises that activity to be carried on at those premises.
Maximum penalty—
(a) in the case of a corporation—$2,000,000 and, in the case of a continuing offence, a further penalty of $240,000 for each day the offence continues, or
(b) in the case of an individual—$500,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues.
Note.
An offence against subsection (2) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 169A.
s 48: Am 2005 No 96, Sch 1 [7]; 2012 No 97, Sch 1.34 [2]; 2024 No 20, Sch 9[5]–[8].