MONOGRAPH 40 volume 1

110 Transparent and consistent sentencing in the Land and Environment Court of NSW: orders for costs as an aspect of punishment Judicial Commission of NSW Act Section Offence Maximum penalty (Fine) Penalty date range Corporations Current POEO Act 143 Unlawful transporting or depositing of waste $1,000,000 29/08/2014–present 144 Use of place as waste facility without lawful authority $1,000,000 + $120,000 per day 01/10/2013–present 144AA(1)* Supply false or misleading information about waste $250,000 01/05/2006–present 144AA(2) Knowingly supply false or misleading information about waste $500,000 01/10/2013–present Previous (all repealed) POEO Act 143 Unlawful transporting or depositing of waste $1,000,000 01/05/2006–28/08/2014 143 Unlawful transporting or depositing of waste $250,000 01/07/2002–30/04/2006 143 Unlawful transporting or depositing of waste $250,000 01/07/1999–30/06/2002 WMM Act 63(1) Dispose of waste on land without lawful authority $125,000 + $60,000 per day 19/01/1996–30/06/1999 POEO Act 144 Use of place as waste facility without lawful authority $1,000,000 + $120,000 per day 01/05/2006–30/09/2013 144 Use of place as waste facility without lawful authority $250,000 + $120,000 per day 01/07/1999–30/04/2006 WMM Act 64(1) Allow land to be used as waste facility without lawful authority $125,000 + $60,000 per day 19/01/1996–30/06/1999 POEO Act 144AA(1)* Supply false or misleading information re asbestos waste $250,000 01/05/2006–28/08/2014 Individuals Current POEO Act 143 Unlawful transporting or depositing of waste $250,000 29/08/2014–present 144 Use of place as waste facility without lawful authority $250,000 + $60,000 per day 01/10/2013–present 144AA(1)* Supply false or misleading information about waste $120,000 01/05/2006–present 144AA(2) Knowingly supply false or misleading information about waste $240,000 or 18 months’ imprisonment or both 01/10/2013–present Previous (all repealed) POEO Act 143 Unlawful transporting or depositing of waste $250,000 01/05/2006–28/08/2014 143 Unlawful transporting or depositing of waste $120,000 01/07/2002–30/04/2006 143 Unlawful transporting or depositing of waste $120,000 01/07/1999–30/06/2002 WMM Act 63(1) Dispose of waste on land without lawful authority $60,000 + $30,000 per day 19/01/1996–30/06/1999 POEO Act 144 Use of place as waste facility without lawful authority $250,000 + $60,000 per day 01/05/2006–30/09/2013 144 Use of place as waste facility without lawful authority $120,000 + $60,000 per day 01/07/1999–30/04/2006 WMM Act 64(1) Allow land to be used as waste facility without lawful authority $60,000 + $30,000 per day 19/01/1996–30/06/1999 POEO Act 144AA(1)* Supply false or misleading information re asbestos waste $120,000 01/05/2006–28/08/2014 * Section 144AA(1) of the POEO Act was inserted by the Protection of the Environment Operations Amendment Act 2005 and commenced on 1 May 2006. This subsection has been subject to amending legislation, namely the Protection of the Environment Operations Amendment (Illegal Waste Disposal) Act 2013 which, inter alia, inserted s 144AA(2). The offence under s 144AA(1) regarding the supply of “false or misleading information about waste” has remained unaltered since first introduced in May 2006. However, the Protection of the Environment Operations (General) Regulation 2009 specified differing infringement notice amounts for this section (with the same court maximum penalties, nonetheless) for supplying false or misleading information about asbestos waste, and for supplying false or misleading information about waste (not asbestos). Later, the Protection of the Environment Operations (General) Amendment (Fees and Penalty Notices) Regulation 2014, which commenced on 29 August 2014, removed the distinction between types of waste offences under s 144AA(1). Table 13: NSW waste offences legislation: present and past statutory offences and associated maximum penalties — Tier 2 offences