Environmental Planning and Assessment Act 1979 No 203
Current version for 12 September 2014 to date (accessed 23 November 2014 at 11:51)
Part 6Division 2CSubdivision 4

Subdivision 4 General

122T   Criminal proceedings relating to compliance with requirements under this Division

(1)  A person is not guilty of an offence under section 125 in respect of a neglect or failure to comply with a requirement made of the person under this Division if the person satisfies the court that the person had a lawful excuse for doing so.
(2)  A person must not furnish any information or do any other thing in purported compliance with a requirement made under this Division that the person knows is false or misleading in a material respect.
(3)  A person must not wilfully delay or obstruct an authorised officer in the exercise of the authorised officer’s powers under this Division.
(4)  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.

122U   Provisions relating to requirements to furnish records, information or answer questions

(1) Warning to be given on each occasion
A person is not guilty of an offence of failing to comply with a requirement under this Division to furnish records or information or to answer a question unless the person was warned on that occasion that a failure to comply is an offence.
(2) Self-incrimination not an excuse
A person is not excused from a requirement under this Division to furnish records or information or to answer a question on the ground that the record, information or answer might incriminate the person or make the person liable to a penalty.
(3) Information or answer not admissible if objection made
However, any information furnished or answer given by a natural person in compliance with a requirement under this Division is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence under this Division) if:
(a)  the person objected at the time to doing so on the ground that it might incriminate the person, or
(b)  the person was not warned on that occasion that the person may object to furnishing the information or giving the answer on the ground that it might incriminate the person.
(4) Records admissible
Any record furnished by a person in compliance with a requirement under this Division is not inadmissible in evidence against the person in criminal proceedings on the ground that the record might incriminate the person.
(5) Further information
Further information obtained as a result of a record or information furnished or of an answer given in compliance with a requirement under this Division is not inadmissible on the ground:
(a)  that the record or information had to be furnished or the answer had to be given, or
(b)  that the record or information furnished or answer given might incriminate the person.

122V   Miscellaneous provisions relating to notices

(1)  More than one notice under a provision of this Division may be given to the same person.
(2)  A notice given under this Division may be revoked or varied by a subsequent notice or notices (including by extending the time for compliance with the notice).
(3)  A notice may be given under this Division to a person in respect of a matter or thing even though the person is outside the State or the matter or thing occurs or is located outside the State, so long the matter or thing affects the environment of this State.
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