Contravention of requirements of performance improvement program – environmental offences
124ZZY Contravention of requirements of performance improvement program – environmental offences
A mining operator commits an offence if:
(a) the mining operator is required to participate in a performance improvement program; and
the mining operator intentionally engages in conduct; and
(c) the conduct contravenes the requirements of the performance improvement program and the mining operator is reckless in relation to that circumstance.
Penalty: environmental offence level 2.
A person commits an offence if:
(a) the mining operator is required to participate in a performance improvement program; and
(b) the mining operator contravenes the requirements of the performance improvement program.
Penalty: environmental offence level 3.
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
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