MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 435A]

                 against subsection (2), the court may find the defendant guilty
                 of the offence against subsection (2).




Part 2A                      Offences relating to conditions

435A Offence to contravene prescribed conditions for
     particular activities
           (1)   This section applies if—
                 (a)   a person is carrying out a small scale mining activity;
                       and
                 (b)   prescribed conditions are in effect for the carrying out of
                       the activity.
           (2)   The person must not wilfully contravene the prescribed
                 conditions.
                 Maximum penalty—300 penalty units.
           (3)   The person must not contravene the prescribed conditions.
                 Maximum penalty—250 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).




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