MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 432]


Division 2                   Transitional environmental
                             programs

432        Contravention of requirement of program
          (1)   The holder of an approval of a transitional environmental
                program, or a person acting under a transitional environmental
                program, must not wilfully contravene a requirement of the
                program.
                Maximum penalty—1665               penalty    units    or   2    years
                imprisonment.
          (2)   The holder of an approval of a transitional environmental
                program, or a person acting under a transitional environmental
                program, must not contravene a requirement of the program.
                Maximum penalty—835 penalty units.
          (3)   In a proceeding for an offence against subsection (1), 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 (2), the court may find the defendant guilty
                of the offence against subsection (2).

432A Contravention of condition of approval
                A person must not, without reasonable excuse, contravene a
                condition of an approval of a transitional environmental
                program.
                Maximum penalty—835 penalty units.

433        Approval holder responsible for ensuring program
           complied with
          (1)   The holder of an approval of a transitional environmental
                program must ensure everyone acting under the program
                complies with the program.



Page 350                                                 Current as at 20 February 2014