s 46
In forceFailure to comply with safety duty—causing substantial damage to property or environment
Chapter 3Safety duties for dangerous substances
Part 3.2Failure to comply with safety duties
46 Failure to comply with safety duty—causing substantial damage to property or environment
(1)
A person commits an offence if—
(a)
the person is required to comply with a safety duty; and
(b)
the person fails to comply with the safety duty; and
(c)
the failure causes substantial damage to property or the environment; and
(d)
the person either—
(i)
was reckless about whether the failure would cause substantial damage to property or the environment; or
(ii)
was negligent about whether the failure would cause substantial damage to property or the environment.
Maximum penalty: 1 500 penalty units, imprisonment for 5 years or both.
(2)
Absolute liability applies to subsection (1) (a).
(3)
Strict liability applies to subsection (1) (b).
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