Environmental obligations – environmental offences
124J Environmental obligations – environmental offences
A person commits an offence if:
the person intentionally engages in conduct; and
the conduct is engaged in on a mining site; and
(c) the conduct contravenes an obligation under this Division and the person is reckless in relation to that result; and
the conduct is not authorised under this Act; and
(e) the conduct results in significant environmental harm and the person is reckless in relation to that result.
Penalty: environmental offence level 1.
A person commits an offence if:
the person intentionally engages in conduct; and
the conduct is engaged in on a mining site; and
(c) the conduct contravenes an obligation under this Division and the person is reckless in relation to that result; and
the conduct is not authorised under this Act; and
(e) the conduct results in material environmental harm and the person is reckless in relation to that result.
Penalty: environmental offence level 2.
A person commits an offence if:
the person engages in conduct; and
the conduct is engaged in on a mining site; and
the conduct contravenes an obligation under this Division; and
the conduct is not authorised under this Act; and
the conduct results in significant environmental harm.
Penalty: environmental offence level 2.
A person commits an offence if:
the person engages in conduct; and
the conduct is engaged in on a mining site; and
the conduct contravenes an obligation under this Division; and
the conduct is not authorised under this Act; and
the conduct results in material environmental harm.
Penalty: environmental offence level 3.
A person commits an offence if:
the person engages in conduct; and
the conduct is engaged in on a mining site; and
the conduct contravenes an obligation under this Division; and
the conduct is not authorised under this Act.
Penalty: environmental offence level 4.
(6) Strict liability applies to subsections (1)(b) and (d) and (2)(b) and (d).
(7) An offence against subsection (3), (4) or (5) is an offence of strict liability.
(8) It is a defence to a prosecution for an offence against this section if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.
(9) The defendant has a legal burden of proof in relation to a matter mentioned in subsection (8).
This Act’s bill:Explanatory statementSecond reading speech
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