Contravention of stop work notice – environmental offences
198 Contravention of stop work notice – environmental offences
A person commits an offence if:
the person has been issued with a stop work notice; and
(b) the person contravenes the notice and is reckless in relation to that result; and
(c) the contravention 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 has been issued with a stop work notice; and
(b) the person contravenes the notice and is reckless in relation to that result; and
(c) the contravention 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 has been issued with a stop work notice; and
the person contravenes the notice; and
the contravention results in significant environmental harm.
Penalty: environmental offence level 2.
A person commits an offence if:
the person has been issued with a stop work notice; and
the person contravenes the notice.
Penalty: environmental offence level 3.
Strict liability applies to subsections (1)(a) and (2)(a).
(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).
This Act’s bill:Explanatory statementSecond reading speech
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