Environmental Planning and Assessment Act 1979 No 203
Current version for 19 November 2014 to date (accessed 28 November 2014 at 06:31)
Part 6Division 2BSection 122E

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.
Top of page