Environment Protection Act 2019

(a) a notifiable incident occurs in the course of carrying out an action or a mining activity; and

(iii) is carrying out an environmental audit of a site at which the notifiable incident is occurring or has occurred; or

(iv) is a qualified person preparing or reviewing information or a report in relation to the site under Part 13, Division 3A; and

(c) the person intentionally fails to notify the CEO of the notifiable incident; and

(d) the failure to notify the CEO of the notifiable incident contravenes section 225 and the person is reckless in relation to that circumstance.

Penalty: environmental offence level 2.

(a) a notifiable incident occurs in the course of carrying out an action or mining activity; and

(iii) is carrying out an environmental audit of the site at which the notifiable incident is occurring or has occurred; or

(iv) is an owner or occupier of the site at which the notifiable incident occurred; or

(v) is a qualified person preparing or reviewing information in relation to the site under Part 13, Division 3A; and

(c) the person fails to notify the CEO of the notifiable incident; and

(d) the failure to notify the CEO of the notifiable incident contravenes section 225.

Penalty: environmental offence level 3.

(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).