Environment Protection Act 2019

(b) the conduct is part of carrying out a mining activity for which an environmental (mining) licence is required under this Act and the person is reckless in relation to that circumstance; and

(c) the mining activity is not authorised by an environmental (mining) licence; and

(d) the conduct results in significant environmental harm and the person is reckless in relation to that result.

Penalty: environmental offence level 1.

(b) the conduct is part of carrying out a mining activity for which an environmental (mining) licence is required under this Act and the person is reckless in relation to that circumstance; and

(c) the mining activity is not authorised by an environmental (mining) licence; and

(d) the conduct results in material environmental harm and the person is reckless in relation to that result.

Penalty: environmental offence level 2.

(b) the conduct is part of carrying out a mining activity for which an environmental (mining) licence is required under this Act; and

(c) the mining activity is not authorised by an environmental (mining) licence; and

Penalty: environmental offence level 2.

(b) the conduct is part of carrying out a mining activity for which an environmental (mining) licence is required under this Act; and

(c) the mining activity is not authorised by an environmental (mining) licence.

Penalty: environmental offence level 3.

(5) Strict liability applies to subsections (1)(b) and (c) and (2)(b) and (c).

(6) An offence against subsection (3) or (4) is an offence of strict liability.

(7) 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.

(8) The defendant has a legal burden of proof in relation to a matter mentioned in subsection (7).