Protected environmental areas – environmental offences
40 Protected environmental areas – 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
(c) the action is prohibited under the declaration of a protected environmental area; and
the conduct is not authorised under this Act; and
(e) the conduct results in significant environmental harm inside or outside the protected environmental area 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
(c) the action is prohibited under the declaration of a protected environmental area; and
the conduct is not authorised under this Act; and
(e) the conduct results in material environmental harm inside or outside the protected environmental area 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
(c) the action is prohibited under the declaration of a protected environmental area; and
the conduct is not authorised under this Act; and
(e) the conduct results in significant environmental harm inside or outside the protected environmental area.
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
(c) the action is prohibited under the declaration of a protected environmental area; and
the conduct is not authorised under this Act.
Penalty: environmental offence level 3.
(5) Strict liability applies to subsections (1)(c) and (d) and (2)(c) and (d).
(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).
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.