MCU14/0028 Appendix 2 EnvProtAct 1994

                                                     Environmental Protection Act 1994
                                             Chapter 8 General environmental offences
                                 Part 2 Offences relating to environmental requirements

                                                                                [s 431]

        (3)   The person must not contravene a condition of the authority.
              Maximum penalty—1665 penalty units.
        (4)   In a proceeding for an offence against subsection (2), if the
              court is not satisfied the defendant is guilty of the offence
              charged but is satisfied the defendant is guilty of an offence
              against subsection (3), the court may find the defendant guilty
              of the offence against subsection (3).

431      Environmental authority holder responsible for ensuring
         conditions complied with
        (1)   The holder of an environmental authority must ensure
              everyone acting under the authority complies with the
              conditions of the authority.
        (2)   If another person acting under the authority commits an
              offence against section 430, the holder also commits an
              offence, namely, the offence of failing to ensure the other
              person complies with the conditions.
              Maximum penalty—the penalty under section 430(2) or (3)
              for the contravention of the conditions.
        (3)   Evidence that the other person has been convicted of an
              offence against section 430 while acting under the authority is
              evidence that the holder committed the offence of failing to
              ensure the other person complies with the conditions.
        (4)   However, it is a defence for the holder to prove—
              (a)    the holder issued appropriate instructions and used all
                     reasonable precautions to ensure compliance with the
                     conditions; and
              (b)    the offence was committed without the holder’s
                     knowledge; and
              (c)    the holder could not by the exercise of reasonable
                     diligence have stopped the commission of the offence.




Current as at 20 February 2014                                               Page 349