209
In forceObstruct compliance with monitoring and management notice – environmental offence
Part 9Enforcement
Division 4Monitoring and management notices
209 Obstruct compliance with monitoring and management notice – environmental offence
(1)
A person commits an offence if:
(a)
the person intentionally engages in conduct; and
(b) the conduct obstructs compliance by another person with a monitoring and management notice and the person is reckless in relation to that result.
Penalty: environmental offence level 4.
(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.
(3) The defendant has a legal burden of proof in relation to a matter mentioned in subsection (2).
This Act’s bill:Explanatory statementSecond reading speech
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