Person given direction in emergency must comply
72 Person given direction in emergency must comply
(1) An owner or master of a ship to whom a direction is given under section 70(1)(c) must comply with the direction, unless he or she has a reasonable excuse.
Penalty: environmental offence level 3.
(2) A person, other than an owner or master of a ship, must not intentionally fail to comply with a direction under section 70(1)(c) if:
(a) serious environmental harm results from the failure to comply with the direction; and
(b) he or she knows, or ought reasonably be expected to know, that serious environmental harm or material environmental harm will or might result from the failure to comply with the direction.
Penalty: environmental offence level 1.
(3) A person, other than an owner or master of a ship, must not fail to comply with a direction under section 70(1)(c) if:
(a) serious environmental harm results from the failure to comply with the direction; and
(b) he or she knows, or ought reasonably be expected to know, that serious environmental harm or material environmental harm will or might result from the failure to comply with the direction.
Penalty: environmental offence level 2.
(4) A person, other than an owner or master of a ship, must not intentionally fail to comply with a direction under section 70(1)(c) if:
(a) material environmental harm results from the failure to comply with the direction; and
(b) he or she knows, or ought reasonably be expected to know, that serious environmental harm or material environmental harm will or might result from the failure to comply with the direction.
Penalty: environmental offence level 2.
(5) A person, other than an owner or master of a ship, must not fail to comply with a direction under section 70(1)(c) if:
(a) material environmental harm results from the failure to comply with the direction; and
(b) he or she knows, or ought reasonably be expected to know, that serious environmental harm or material environmental harm will or might result from the failure to comply with the direction.
Penalty: environmental offence level 3.
(6) A person, other than an owner or master of a ship, must not fail to comply with a direction under section 70(1)(c).
Penalty: environmental offence level 4.
This Act’s bill:Second reading speech
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