New South Wales Repealed Acts

This legislation has been repealed.

ENVIRONMENTAL OFFENCES AND PENALTIES ACT 1989

- As at 1 July 1999 
- Act 150 of 1989 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Object of the Act
   4.      Definitions
   4A.     Extra-territoriality

   PART 2 - OFFENCES

           Division 1 - Tier 1 offences

   5.      Disposal of waste without lawful authority
   6.      Leaks, spillages etc
   6A.     Emission of ozone depleting substances etc
   6B.     Ancillary offences
   7.      Defence
   8.      Penalty for Tier 1 offences

           Division 2 - Tier 2 offences

   8A.     Offences under the Clean Air Act 1961
   8B.     Offences under the Clean Waters Act 1970
   8C.     Offences under the Noise Control Act 1975
   8D.     Offences under the Pollution Control Act 1970
   8DA.    Offences under the Waste Minimisation and Management Act 1995
   8E.     Failure to comply with sec 14 (1) orders
   8F.     Littering

           Division 3 - Tier 3 offences

   8G.     Penalty notices

           Division 4 - Miscellaneous

   9.      Matters to be considered in imposing penalty
   10.     Offences by corporations
   10A.    Onus of proof concerning lawful authority

   PART 3 - PROCEEDINGS FOR OFFENCES

   11.     Nature of proceedings for Tier 1 offences
   11A.    Nature of proceedings for Tier 2 offences
   12.     Time within which summary proceedings may be commenced
   13.     Consent to institution of proceedings

   PART 4 - RESTORATION, COMPENSATION AND DAMAGES

   14.     Orders for restoration, prevention and compensation
   15.     Recovery of damages
   16.     Restraining order over property of defendant
   17.     Court may make further orders
   18.     Charge on property subject to restraining orders
   19.     Registration of restraining orders
   20.     Contravention of restraining orders
   21.     Courts may revoke restraining orders
   22.     Time when restraining order ceases to be in force

   PART 5 - GENERAL

   23.     Act to bind Crown
   24.     Appointment of persons to exercise certain functions
   25.     Restraint of breaches of an Act or statutory rule which harm the environment
   26.     Minister may revoke or suspend authorities granted under other Acts
   27.     Evidence of analysts
   27A.    Exemptions for Fire Brigades, rural fire brigades and other emergency services
   28.     Regulations
   29.     Amendment of the Land and Environment Court Act 1979 No 204
   30.     Amendment of the State Pollution Control Commission Act 1970 No 95
   31.     Savings, transitional and other provisions
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3