You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Contents (2009 - 211)
Skip to content
Protection of the Environment Operations (General) Regulation 2009
Current version for 1 September 2019 to date (accessed 24 September 2019 at 19:00)
Chapter 6
Chapter 6 Penalty notices
80   Penalty notice offences
(1)  Each offence created by a provision specified in Column 1 of Schedule 6 is prescribed as a penalty notice offence for the purposes of Division 3 of Part 8.2 of the Act.
(2)  If the reference to a provision in Column 1 of Schedule 6 is qualified by words that restrict its operation to specified kinds of offences or to offences committed in specified circumstances, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or is committed in the circumstances so specified.
81   Enforcement officers
(1)  Persons of a class specified in Column 2 of Schedule 6 are, subject to this clause and section 226 of the Act, prescribed as enforcement officers in relation to the penalty notice offences concerned.
(2)  A member of staff of an organisation referred to in subclause (6), is an enforcement officer only if the organisation has duly authorised that person to exercise the functions of an enforcement officer under Division 3 of Part 8.2 of the Act.
(3)  A member of staff of a local council is an enforcement officer in respect of another local council only if that other local council has also duly authorised that person to exercise the functions of an enforcement officer under Division 3 of Part 8.2 of the Act.
(4)  A person is not an enforcement officer in relation to a penalty notice offence alleged to have been committed by—
(a)  the organisation that has authorised the person as an enforcement officer, or
(b)  a member of staff of that organisation.
(5)  A number included in Column 2 of Schedule 6 is a reference to persons of a class identified by that number.
(6)  The classes of persons in Column 2 of Schedule 6 are as follows—
(a)  class 1—member of staff of—
(i)  a local authority, or
(ii)  the EPA or the Office of Environment and Heritage in relation to a penalty notice offence alleged to have been committed in Kosciuszko National Park,
(b)  class 2—a member of staff of the EPA,
(c)  class 3—a member of staff of the EPA,
(d)  class 4—a member of staff of a Port Corporation within the meaning of the Ports and Maritime Administration Act 1995,
(e)  class 5—a police officer,
(f)  class 6—a member of staff of the Sydney Water Corporation, the Hunter Water Corporation or a water supply authority within the meaning of the Water Management Act 2000 (other than a water supply authority that is also a local council),
(g)  class 7—an authorised officer within the meaning of the Forestry Act 2012,
(h)  class 8—a member of staff of Place Management NSW,
(i)  class 9—a member of staff of—
(i)  the Department of Premier and Cabinet in relation to a penalty notice offence alleged to have been committed on land vested in the Centennial Park and Moore Park Trust or in the Parramatta Park Trust, or
(ii)  Venues NSW in relation to a penalty notice offence alleged to have been committed on land comprised in Parramatta Stadium (being Lots 951–965 in Deposited Plan 42643) that is vested in Venues NSW,
(j)  class 10—a member of staff of an Australian university within the meaning of the Higher Education Act 2001,
(k)  class 11—a member of staff of the Royal Botanic Gardens and Domain Trust or the Sydney Olympic Park Authority,
(l)  class 12—an authorised officer within the meaning of the Marine Estate Management Act 2014,
(m)  class 13—a member of staff of the Regulatory Authority within the meaning of the Water NSW Act 2014,
(n)  class 14—a member of staff of Roads and Maritime Services,
(o)  class 15—a member of staff of Transport for NSW,
(p)  class 16—a member of staff of the Western Sydney Parklands Trust,
(q)  class 17—a member of staff of the Office of Environment and Heritage.
Note.
 Section 59 of the Government Sector Employment Act 2013 provides that a reference to a member of staff of a statutory body is to be read as including a reference to a Public Service employee who is employed to enable the statutory body to exercise its functions and to any other person whose services the statutory body makes use of (whether by way of secondment or otherwise).
See also section 68HA (5) of the Transport Administration Act 1988 in relation to references to the staff of Roads and Maritime Services and the staff of Transport for NSW.
(7)  A reference in this clause to a member of staff of an organisation includes a reference to a person who—
(a)  is a member of staff of a body corporate (whether or not the body corporate is a public authority), and
(b)  acts under the direction and control of the organisation in the provision of services that are the subject of an arrangement between the body corporate and the organisation.
(8)    (Repealed)
82   Amounts of penalty payable
The prescribed penalty payable under a penalty notice in respect of a penalty notice offence is—
(a)  the amount specified in Column 3 of Schedule 6, or
(b)  if the person alleged to have committed the offence is a corporation, and if a greater amount is specified in Column 4 of Schedule 6, the amount specified in Column 4.
83   Service of penalty notices on owners of vehicles or vessels
(1)  This clause applies to offences against the Act or the regulations under the Act that apply specifically to the owner of a vehicle or vessel.
(2)  A penalty notice may, if it relates to an offence to which this clause applies, be served by leaving it on, or attaching it to, the vehicle or vessel.
(3)  A penalty notice may, if it relates to an offence to which this clause applies, be addressed to the owner of a vehicle or vessel without naming the owner or stating his or her address.
83A   Service of penalty notices on masters of vessels
(1)  This clause applies to offences against the Act or the regulations under the Act that apply specifically to the master of a vessel.
(2)  A penalty notice may, if it relates to an offence to which this clause applies, be served by leaving it on, or attaching it to, the vessel or leaving it with the person having command or charge of the vessel for the time being.
(3)  A penalty notice may, if it relates to an offence to which this clause applies, be addressed to the master of a vessel without naming the master or stating his or her address.
(4)  In this clause, master of a vessel means a person, other than a pilot, having command or charge of the vessel.