MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 439]

                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).


439        Court may find defendant guilty of causing material
           environmental harm if charged with causing serious
           environmental harm
                In a proceeding for an offence against section 437, 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
                section 438(1) or (2), the court may find the defendant guilty
                of the offence against section 438(1) or (2).

440        Offence of causing environmental nuisance
          (1)   A person must not wilfully and unlawfully cause an
                environmental nuisance.
                Maximum penalty—835 penalty units.
          (2)   A person must not unlawfully cause an environmental
                nuisance.
                Maximum penalty—300 penalty units.
          (3)   This section does not apply to an environmental nuisance
                mentioned in schedule 1, part 1.
          (4)   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).



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