The obligation
Occupiers commit an offence if air pollution from their premises is caused by failing to maintain plant in an efficient condition or to operate it properly.
Under section 124, the occupier of premises who operates plant causing air pollution is guilty of an offence if it is caused by a failure to maintain the plant in an efficient condition or operate it in a proper and efficient manner. Occupiers must carry on activities and operate plant by practicable means necessary to prevent or minimise air pollution where no emission standard is prescribed or emissions are not point source emissions.
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- What
- Occupiers commit an offence if air pollution from their premises is caused by failing to maintain plant in an efficient condition or to operate it properly.
- Source
- legislation.nsw.gov.au
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Frequently asked questions
Which WHS law does this come from?
Air pollution offences from plant and premises is a WHS requirement set out in Protection of the Environment Operations Act 1997 (NSW). The relevant provision is Part 5.4.
What does this WHS obligation require?
Air pollution offences from plant and premises is a WHS obligation under Protection of the Environment Operations Act 1997 (NSW). In short, Occupiers commit an offence if air pollution from their premises is caused by failing to maintain plant in an efficient condition or to operate it properly.
What changed recently?
Air pollution offences from plant and premises was last updated on 8 October 2026.
