New South Wales Consolidated Regulations

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ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 284

Penalty notice offences

284 Penalty notice offences

(cf clause 115A of EP[#38]A Regulation 1994)

(1) For the purposes of section 9.58 of the Act--
(a) each offence created by a provision specified in Column 1 of Schedule 5 is a prescribed offence, and
(b) the prescribed penalty for such an offence is the amount specified in--
(i) if the person alleged to have committed the offence is an individual--Column 2 of Schedule 5, or
(ii) if the person alleged to have committed the offence is a corporation--Column 3 of Schedule 5.
(2) If the reference to a provision in Column 1 of Schedule 5 is qualified by words that restrict its operation to specified kinds of offence 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.
(3) The following persons are declared to be authorised persons for the purposes of section 9.58 of the Act--
(a) any person who is generally or specially authorised by the Minister to be an authorised person for those purposes,
(b) any person (including a person employed in the Department) who is generally or specially authorised by the Planning Secretary to be an authorised person for those purposes,
(c) any person (including an employee of a council) who is generally or specially authorised by a council to be an authorised person for those purposes,
(d) any police officer,
(e) any
"authorised fire officer" (being an authorised fire officer within the meaning of section 9.35(1)(d) of the Act).
(4) Despite subclause (3), only the persons referred to in subclause (3)(a) and (b) are declared to be authorised persons for the purposes of section 9.58 of the Act for the following offences--
(a) an offence under the Act in relation to a contravention of section 109D(2) or (3), 109E(3)(d), 109F(1)(b), 109H(3)(a) or (b), (4)(a), (5)(a) or (b) or (6)(a), 109J(1)(a), (b), (e), (f) or (g), or (2)(a), 5.14(1) or (2) or 10.4(11), or
(b) an offence under clause 283A in relation to a contravention of clause 130(3) or (4), 134(1), (2) or (2A), 138(1), (2) or (3), 142(1) or (2), 143A(2), 144(2), (5), (6) or (7), 146, 147(1) or (2), 151(1) or (2), 152(3), 153(1) or (2), 154A(2), 154B(2), 154C(1), 155(1) or (2), 157(5), 160(1) or (2), 162(1), 162B(1) or (2), 162C(4) or (5)(a) or (b), 227A(2) or 244P(1)(d).
(5) Despite subclause (3), an authorised fire officer is declared to be an authorised person for the purposes of section 9.58 of the Act only in respect of the following--
(a) an offence under section 9.37 of the Act in relation to a contravention of an order under Part 2 of Schedule 5 to the Act, where the order was given by an authorised fire officer,
(b) an offence under clause 283A in relation to a contravention of clause 183(1), 184(a), (b) or (c), 185(b), 186(a), (b) or (c), 186A(2), (3), (4), (5) or (6), 186AA(2), 186C(1) or (1A), 186S or 186T.



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