Offence to contravene notice requirement
124ZZJ Offence to contravene notice requirement
A mining operator commits an offence if:
(a) the mining operator is required to give a notice and final report to the Minister under section 124ZZI; and
the mining operator intentionally engages in conduct; and
(c) the conduct contravenes section 124ZZI and the mining operator is reckless in relation to that circumstance.
Maximum penalty: 200 penalty units.
A mining operator commits an offence if:
(a) the mining operator is required to give a notice and final report to the Minister under section 124ZZI; and
the mining operator contravenes that requirement.
Maximum penalty: 100 penalty units.
Strict liability applies to subsection (1)(a).
(4) An offence against subsection (2) is an offence of strict liability.
(5) 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.
(6) The defendant has a legal burden of proof in relation to a matter mentioned in subsection (5).
This Act’s bill:Explanatory statementSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.