11Control of pollution

11 Control of pollution

11 Control of pollution

(1) A person must not—

(a) bring a relevant substance into or leave a relevant substance on—

(i) land to which this division applies, or

(ii) if the nature of the relevant substance increases the risk of harm to the environment on the land—an area of land adjoining the land, or

(b) cause, arrange for or contribute to the pollution of waters on the land.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(2) A person does not commit an offence under subsection (1) for anything done—

(a) with the consent of Water NSW, or

(b) in accordance with an environment protection licence.

(3) If the Regulatory Authority or an authorised officer has reason to believe a person is in contravention of subsection (1), the Regulatory Authority or authorised officer may direct the person to do one or more of the following—

(a) dispose of the relevant substance,

(b) remove the relevant substance from the following—

(i) the land,

(ii) if the nature of the relevant substance increases the risk of harm to the environment on the land—an area of land adjoining the land,

(c) make available for inspection by the Regulatory Authority or authorised officer a device or record in the person’s possession,

(d) remedy pollution or contamination of the land, or an area of land adjoining the land, caused by the contravention.

(4) A person given a direction under subsection (3) must comply with the direction.

Maximum penalty—

(a) for a corporation—400 penalty units, or

(b) otherwise—200 penalty units.

(5) In this section—

harm, to the environment, includes—