Referral trigger – environmental offences
34 Referral trigger – environmental offences
A person commits an offence if:
the person intentionally engages in conduct; and
(b) the conduct is part of carrying out an action and the person is reckless in relation to that circumstance; and
a referral trigger applies to the action; and
the conduct is not authorised under this Act; and
(e) the conduct 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 intentionally engages in conduct; and
(b) the conduct is part of carrying out an action and the person is reckless in relation to that circumstance; and
a referral trigger applies to the action; and
the conduct is not authorised under this Act; and
(e) the conduct 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 engages in conduct; and
the conduct is part of carrying out an action; and
a referral trigger applies to the action; and
the conduct is not authorised under this Act; and
the conduct causes significant environmental harm.
Penalty: environmental offence level 2.
A person commits an offence if:
the person engages in conduct; and
the conduct is part of carrying out an action; and
a referral trigger applies to the action; and
the conduct is not authorised under this Act; and
the conduct causes material environmental harm.
Penalty: environmental offence level 3.
A person commits an offence if:
the person engages in conduct; and
the conduct is part of carrying out an action; and
a referral trigger applies to the action; and
the conduct is not authorised under this Act.
Penalty: environmental offence level 4.
(6) Strict liability applies to subsections (1)(c) and (d) and (2)(c) and (d).
(7) An offence against subsection (3), (4) or (5) is an offence of strict liability.
(8) 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.
(9) The defendant has a legal burden of proof in relation to a matter mentioned in subsection (8).
Division 2 Protected environmental areas and prohibited actions
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