Environmental Planning and Assessment Act 1979 No 203
Current version for 19 November 2014 to date (accessed 21 December 2014 at 05:39)
Part 6Division 2B

Division 2B Monitoring and environmental audits—approved projects

122A   Application of Division

(1)  This Division applies to the carrying out of a project approved under Part 3A.
(1A)  This Division also applies to the carrying out of State significant development that has development consent under Part 4 and to the carrying out of State significant infrastructure approved under Part 5.1. In this Division, any such development or infrastructure is referred to as a project.
(2)  This Division does not affect the other provisions of this Act.

122B   Nature of monitoring and environmental audits

(1)  For the purposes of this Division, monitoring of a project is the monitoring of the carrying out of the project to provide data on compliance with the approval of the project or on the project’s environmental impact.
(2)  For the purposes of this Division, an environmental audit of a project is a periodic or particular documented evaluation of an approved project to provide information to the proponent of the project and to the persons administering this Act on compliance with the approval of the project or on the project’s environmental management or impact.
(3)  A reference in this section to compliance with the approval of a project includes a reference to compliance with:
(a)  the conditions to which the approval of the project is subject, and
(b)  the requirements of this Act and of relevant provisions of any other Act referred to in Division 4 of Part 3A.

122C   Minister may require monitoring or environmental audits by imposition of conditions on approved project

(1)  The Minister may, by the imposition of conditions on the approval for a project, require monitoring or an environmental audit or audits to be undertaken to the satisfaction of the Minister by the proponent of the project.
(2)  A condition requiring monitoring or an environmental audit may be imposed at the time the approval for the project is given or at any other time by notice in writing to the proponent of the project.
(3)  Any such condition imposed by notice may be varied or revoked by a similar notice.

122D   Provisions relating to conditions for monitoring and environmental audits

(1)  A condition requiring monitoring may require:
(a)  the provision and maintenance of appropriate measuring and recording devices for the purposes of the monitoring, and
(b)  the analysis, reporting and retention of monitoring data, and
(c)  certification of the monitoring data (including the extent to which the terms and conditions of any approval have or have not been complied with).
(2)  A condition requiring an environmental audit must specify the purpose of the audit. Such a condition may require:
(a)  the conduct of the audit by the proponent or by an independent person or body approved by the Minister or the Secretary (either periodically or on particular occasions), and
(b)  preparation of written documentation during the course of the audit, and
(c)  preparation of an audit report, and
(d)  certification of the accuracy and completeness of the audit report, and
(e)  production to the Minister of the audit report.

122E   Offences

(1) False or misleading information in monitoring or audit report
A person must not include information in (or provide information for inclusion in):
(a)  a report of monitoring data, or
(b)  an audit report produced to the Minister in connection with an environmental audit,
if the person knows that the information is false or misleading in a material respect.
(2) Information not included in monitoring or audit report
The proponent of an approved project must not fail to include information in (or provide information for inclusion in):
(a)  a report of monitoring data, or
(b)  an audit report produced to the Minister in connection with an environmental audit,
if the proponent knows that the information is materially relevant to the monitoring or audit.
(3) Retention of monitoring data or audit documentation
The proponent of an approved project must:
(a)  retain any monitoring data in accordance with the relevant condition of the approval for at least 5 years after it was collected, and
(b)  retain any documentation required to be prepared by the proponent in connection with an environmental audit for a period of at least 5 years after the audit report concerned was produced to the Minister, and
(c)  produce during that period any such documentation on request to an authorised officer under Division 2C.
(4) Penalty
Despite section 126, the maximum penalty for an offence under section 125 arising under this Division is:
(a)  in the case of a corporation—$250,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues, or
(b)  in the case of an individual—$120,000 and, in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues.

122F   Self-incriminatory information and use of information

(1)  Information must be supplied by a person in connection with a report of monitoring or an environmental audit, and this Division applies to any such information that is supplied, whether or not the information might incriminate the person.
(2)  Any information in monitoring data or in an audit report or other documentation supplied to the Minister in connection with an environmental audit may be taken into consideration by the Minister and used for the purposes of this Act.
(3)  Without limiting the above, any such information:
(a)  is admissible in evidence in any prosecution of the proponent of an approved project for any offence (whether under this Act or otherwise), and
(b)  may be disclosed by the Minister by publishing it in such manner as the Minister considers appropriate.
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