MCU14/0028 Appendix 2 EnvProtAct 1994

                                                      Environmental Protection Act 1994
                                                          Chapter 10 Legal proceedings
                                                  Part 2A Unlawfulness of particular acts

                                                                                [s 493A]

        (2)   If a corporation commits an offence against a provision of this
              Act, each of the executive officers of the corporation also
              commits an offence, namely, the offence of failing to ensure
              the corporation complies with this Act.
              Maximum penalty—the penalty for the contravention of the
              provision by an individual.
        (3)   Evidence that the corporation committed an offence against
              this Act is evidence that each of the executive officers
              committed the offence of failing to ensure that the corporation
              complies with this Act.
        (4)   However, it is a defence for an executive officer to prove—
              (a)    if the officer was in a position to influence the conduct
                     of the corporation in relation to the offence—the officer
                     took all reasonable steps to ensure the corporation
                     complied with the provision; or
              (b)    the officer was not in a position to influence the conduct
                     of the corporation in relation to the offence.




Part 2A                      Unlawfulness of particular acts

493A When environmental harm or related acts are unlawful
        (1)   This section applies in relation to any of the following acts
              (relevant acts)—
              (a)    an act that causes serious or material environmental
                     harm or an environmental nuisance;
              (b)    an act that contravenes a noise standard;
              (c)    a deposit of a contaminant, or release of stormwater
                     run-off, mentioned in section 440ZG.
              Editor’s note—
                 See chapter 8, part 3 (Offences relating to environmental harm), section
                 440Q (Offence of contravening a noise standard) and section 440ZG

Current as at 20 February 2014                                                 Page 423