Prohibited actions – environmental offences
41 Prohibited actions – 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
the action is a prohibited action; and
(d) 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
the action is a prohibited action; and
(d) 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
the action is a prohibited action; and
the conduct results in 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
the action is a prohibited action.
Penalty: environmental offence level 3.
Strict liability applies to subsections (1)(c) and (2)(c).
(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
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.