MCU14/0028 Appendix 2 EnvProtAct 1994

                                                 Environmental Protection Act 1994
                                              Chapter 7 Environmental management
                                                          Part 5B Clean-up notices

                                                                           [s 363I]

              requirement if complying with the requirement might tend to
              incriminate the individual.
        (3)   In proceedings for an offence against subsection (1), it is a
              defence for the recipient to show—
              (a)    that the recipient is not a prescribed person; or
              (b)    that—
                     (i)   the relevant contamination incident was caused by
                           a natural disaster; and
                     (ii) the recipient had taken all measures it would be
                          reasonable for the recipient to have taken to
                          prevent the incident, having regard to all the
                          circumstances including the inherent nature of the
                          risk and the probability of the natural disaster; or
              (c)    that—
                     (i)   the relevant contamination incident was caused by
                           a terrorist act or other deliberate act of sabotage by
                           someone other than the recipient; and
                     (ii) the recipient had taken all measures it would be
                          reasonable for the recipient to have taken to
                          prevent the incident, having regard to all the
                          circumstances including the inherent nature of the
                          risk and the nature of the recipient’s connection
                          with the incident; or
              (d)    if the recipient is a prescribed person mentioned in
                     section 363G(c)(i), that it took all reasonable steps to
                     ensure the first corporation complied with the notice
                     served on the first corporation; or
              (e)    if the recipient is a prescribed person mentioned in
                     section 363G(c)(ii), that—
                     (i)   the person took all reasonable steps to ensure the
                           first corporation complied with the notice served
                           on the first corporation; or



Current as at 20 February 2014                                           Page 297