The offence applies to both the person disposing of the waste and the owner of the waste and attracts heavy penalties.
Under section 276 of the POEO Act, a police officer or other authorised person can issue a warning or a written or verbal noise abatement direction requiring a person to cease making offensive noise. Costs 274. Restrictions on noise abatement orders 271. A breach of the notice is an offence and can result in a fine of up to $30,000 for individuals ($60,000 for corporations) and an extra $600 per day ($6000 for a corporation) for a continuing offence (sections 264-267).An occupier affected by a neighbour’s offensive noise can apply directly to the Local Court for a noise abatement order. information on your nearest CJC, visit www.cjc.nsw.gov.au or phone 1800 990 777. The Environment Protection Authority (EPA) took ‘odour measurements’ over several days to measure the intensity of the odour escaping from the plant at varying distances from the premises.The offensive odour was caused by the failure of old plant equipment to adequately capture all odour produced in the rendering process and prevent the odour being released into the atmosphere.The EPA charged the company with an offence under the Protection of the Environment Operations Act 1979 (POEO Act) of causing the emission of an offensive odour which interfered unreasonably with the comfort of a person outside the premises (section 129). The extra rubbish collections that were needed were noisy too and were disturbing what little sleep the neighbours could get.A council officer visited the complaining neighbours and collected particulars and attended the premises to speak to the president. Local councils and NSW Police generally regulate neighbourhood noise under the POEO (Noise Control) Regulation 2017.The Regulation. These activities are scheduled under the Act and include many types of industrial operations like printing and packaging, concrete works, ceramic and glass works, irrigated agriculture, boat repairs and chemical production as well as waste disposal, sewage treatment, electricity generation and road construction activities (POEO Act, Schedule 1).Under the licensing system, such an activity cannot be carried out without an environmental protection licence. Where necessary, in relation to offensive noise, police can also apply for a warrant to enter premises to give a noise abatement direction or to investigate a breach of the direction.
Using the definitions contained in the Dictionary of the POEO Act, as well as classifications of waste and definitions of ‘building and demolition waste’ given in Part 3 of Schedule 1 of the Act, the definition ofThere are also various offences under the POEO Act for unlawfully transporting or depositing waste or using land as a waste facility without lawful authority. For wilful disposal, a corporation can be fined up to $5,000,000 and an individual can face a fine of up to $1,000,000 and/or up to seven years imprisonment. (Repealed) Division 3 - Noise abatement directions--police and other authorised persons 275. Such an order requires an environmental offender to carry out a specified project for the restoration or enhancement of the environment in a public place or for the public benefit. Protection of the Environment Operations (Noise Control) Regulation 2017: Selling a vehicle that, for example, has noise control equipment that is inappropriately modified, defective or missing. “A direction was issued under the Noise Abatement Act and the musical equipment unplugged. This direction cannot be appealed and will remain in force for 28 days. This notice can restrict the use of a particular noisy article or an activity to certain times of the day, or certain days, or certain noise levels.
With the court’s permission, a person may also institute proceedings for an offence (POEO Act, section 219).Many of the environment protection offences under the Act are dealt with by way of a penalty notice requiring payment of a fine, often within 28 days. Specific noise pollution offences include the selling of noisy articles or equipment, failing to properly use or maintain noise control equipment and failing to handle or deal with materials in a proper and efficient manner (POEO Act, Part 5.5 Noise Pollution).