New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 9.52

9.52 Maximum penalty--Tier 1

(cf previous s 125A)

(1) If
"Tier 1" is specified as the maximum monetary penalty at the end of a provision (or a number of provisions) of this Act, a person who contravenes or fails to comply with that provision (or those provisions) is guilty of an offence and (subject to subsection (2)) liable to a penalty not exceeding--

(a) in the case of a corporation--

(i) $5 million, and

(ii) for a continuing offence--a further $50,000 for each day the offence continues, or

(b) in the case of an individual--

(i) $1 million, and

(ii) for a continuing offence--a further $10,000 for each day the offence continues.

(2) A Tier 1 maximum monetary penalty applies only if the prosecution establishes (to the criminal standard of proof)--

(a) that the offence was committed intentionally, and

(b) that the offence--

(i) caused or was likely to cause significant harm to the environment, or

(ii) caused the death of or serious injury or illness to a person.

For the Tier 1 maximum monetary penalty to apply, the court attendance notice or application commencing the proceedings must allege that those factors apply to the commission of the offence.

(3) If a Tier 1 maximum monetary penalty is specified in this Act but does not apply because of subsection (2), then a Tier 2 maximum penalty applies instead.

(4) If a period of imprisonment is also specified, the person is also liable to imprisonment not exceeding the period so specified.