MCU14/0028 Appendix 2 EnvProtAct 1994

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

                                                                                [s 434]

        (2)   If another person acting under the program commits an
              offence against section 432, the holder also commits an
              offence, namely, the offence of failing to ensure the other
              person complies with the program.
              Maximum penalty—the penalty under section 432(1) or (2)
              for the contravention of the program.
        (3)   Evidence that the other person has been convicted of an
              offence against section 432 while acting under the program is
              evidence that the holder committed the offence of failing to
              ensure the other person complies with the program.
        (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
                     program; 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.


Division 3                  Site management plans

434      Contravention of plan
        (1)   A person must not wilfully contravene a site management
              plan.
              Maximum penalty—1665               penalty     units    or    2   years
              imprisonment.
        (2)   A person must not contravene a site management plan.
              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


Current as at 20 February 2014                                               Page 351