Offence to obstruct
124ZZZT Offence to obstruct
A person commits an offence if:
the person intentionally engages in conduct; and
(b) the conduct obstructs another person from taking any action that is authorised under this Part to comply with a condition of an environmental approval or environmental (mining) licence and the person is reckless in relation to that circumstance.
Penalty: environmental offence level 2.
A person commits an offence if:
the person intentionally engages in conduct; and
(b) the conduct obstructs another person from carrying out the monitoring of works that is authorised under this Part and the person is reckless in relation to that circumstance.
Penalty: environmental offence level 2.
(3) 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.
(4) The defendant has a legal burden of proof in relation to a matter mentioned in subsection (3).
This Act’s bill:Explanatory statementSecond reading speech
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