Protection of the Environment Operations Amendment (Illegal Waste Disposal) Act 2013
- extend the offence of illegally using land as a waste facility to illegally using water as a waste facility
- empower the NSW Environment Protection Authority (EPA) to seize and impound vehicles used in illegal waste disposal by a repeat offender. On conviction, the court may order that the vehicle be forfeited
- create a new offence that attracts a potential prison sentence of up to two years for committing a repeat offence of the following offences: polluting land or water; illegally using a place as a waste facility or permitting a place to be illegally used as a waste facility; or transporting waste to an illegal waste facility
- create a new offence of knowingly supplying false and misleading information in the course of dealing with waste that attracts a possible fine and/or prison sentence of up to 18 months
- permit the regulations to prescribe a protocol for calculating the monetary benefits that an offender has gained from the offence so the court may order payment of this amount as an additional penalty
- remove the exemption from payment of the waste levy for recycling facilities (measures to equitably manage recycling facilities will be provided for in the regulations instead).
Amendment 6 and related new provisions commence 1 August 2015.
Contact Environment Line on 131 555
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Page last updated: 14 January 2015