MCU14/0028 Appendix 2 EnvProtAct 1994

                                                  Environmental Protection Act 1994
                                          Chapter 8 General environmental offences
                                      Part 3 Offences relating to environmental harm

                                                                             [s 437]


Part 3                      Offences relating to
                            environmental harm

437      Offences of causing serious environmental harm
        (1)   A person must not wilfully and unlawfully cause serious
              environmental harm.
              Maximum penalty—4165            penalty     units    or    5   years
              imprisonment.
        (2)   A person must not unlawfully cause serious environmental
              harm.
              Maximum penalty—1665 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).
              Note—
                 See section 493A (When environmental harm or related acts are
                 unlawful).


438      Offences of causing material environmental harm
        (1)   A person must not wilfully and unlawfully cause material
              environmental harm.
              Maximum penalty—1665            penalty     units    or    2   years
              imprisonment.
        (2)   A person must not unlawfully cause material environmental
              harm.
              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 353