Environmental Offences and Penalties Act 1996

This Act may be cited as the Environmental Offences and Penalties Act 1996.

This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.

If, under an Act that is prescribed by regulation, an offence is designated:

an environmental offence level 1; or

an environmental offence level 2; or

an environmental offence level 3; or

an environmental offence level 4;

an individual who, or a body corporate that, is found guilty of that offence is liable to the penalty prescribed under this Act for an environmental offence of that level.

For examples of the designation of offences as mentioned in subsection (1)(a) to (d), see section 58C of the Energy Pipelines Act 1981.

An individual who is found guilty of an offence designated an environmental offence level 1 is punishable by a penalty of:

not less than 385 penalty units and not more than 3 850 penalty units; or

imprisonment for not more than 5 years.

A body corporate that is found guilty of an offence designated an environmental offence level 1 is punishable by a penalty of not less than 1 924 penalty units and not more than 19 240 penalty units.

An individual who is found guilty of an offence designated an environmental offence level 2 is punishable by a penalty of not less than 154 penalty units and not more than 1 540 penalty units.

A body corporate that is found guilty of an offence designated an environmental offence level 2 is punishable by a penalty of not less than 770 penalty units and not more than 7 700 penalty units.

An individual who is found guilty of an offence designated an environmental offence level 3 is punishable by a penalty of not less than 77 penalty units and not more than 770 penalty units.

A body corporate that is found guilty of an offence designated an environmental offence level 3 is punishable by a penalty of not less than 385 penalty units and not more than 3 850 penalty units.

An individual who is found guilty of an offence designated an environmental offence level 4 is punishable by a penalty of not more than 77 penalty units.

A body corporate that is found guilty of an offence designated an environmental offence level 4 is punishable by a penalty of not more than 385 penalty units.

Where an individual who, or a body corporate that, appears to have committed an environmental offence level 3 or an environmental offence level 4 is served with an infringement notice (however described), the sum the individual or body corporate may, as an alternative to prosecution, pay in lieu of the penalty prescribed under this Act is:

in the case of an environmental offence level 3:

where an individual is served with the infringement notice, 20 penalty units; or

where a corporation is served with the infringement notice, 100 penalty units; or

in the case of an environmental offence level 4:

where an individual is served with the infringement notice, 10 penalty unit; or

where a corporation is served with the infringement notice, 50 penalty units.

Where the contravention of, or failure to comply with, a provision of an Act or an instrument of a legislative or administrative character is designated an environmental offence the provision binds the Crown.

In this section, Crown means not only the Crown in the right of the Territory but also, so far as the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.

The Administrator may make regulations under this Act.

It is declared that an existing designation of an offence as an environmental offence at a particular level was validly made and continues to be validly made, as if the offence were so designated after the commencement.

In this section:

commencement means the commencement of this section.

existing designation, in relation to an offence, means a designation or purported designation of an offence as an environmental offence that was made in any way before the commencement, including a way mentioned in section 3.