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ACTAct
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s 137

Causing serious environmental harm or likely serious environmental harm

In force
Part 15Offences
Division 15.1Environmental offences
Subdivision 15.1.1General environmental offences

137 Causing serious environmental harm or likely serious environmental harm

(1)

A person must not knowingly or recklessly pollute the environment causing serious environmental harm or likely serious environmental harm.

Maximum penalty: 2 000 penalty units, imprisonment for 5 years or both.

(2)

A person must not negligently pollute the environment causing serious environmental harm or likely serious environmental harm.

Maximum penalty: 1 500 penalty units, imprisonment for 3 years or both.

(3)

A person must not pollute the environment causing serious environmental harm or likely serious environmental harm.

Maximum penalty: 1 000 penalty units.

(4)

If in a proceeding for an offence against subsection (1), the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against subsection (2), the court may find the defendant guilty of the latter offence.

(5)

If in a proceeding for an offence against subsection (1) or subsection (2), the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against subsection (3), the court may find the defendant guilty of the latter offence.

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