Environmental offences
117AAB Environmental offences
A person commits an offence if:
the person intentionally engages in conduct; and
the conduct occurs during the course of an operation; and
the operation is authorised under this Act; and
(d) the conduct results in significant environmental harm and the person is reckless in relation to that result.
Maximum penalty: 6 500 penalty units or imprisonment for 5 years.
Minimum penalty: 650 penalty units.
An offence against subsection (1) is a summary offence.
A person commits an offence if:
the person intentionally engages in conduct; and
the conduct occurs during the course of an operation; and
the operation is authorised under this Act; and
(d) the conduct results in material environmental harm and the person is reckless in relation to that result.
Maximum penalty: 2 600 penalty units.
Minimum penalty: 260 penalty units.
(4) Strict liability applies to subsections (1)(b) and (c) and (3)(b) and (c).
A person commits an offence if:
the person engages in conduct; and
the conduct occurs during the course of an operation; and
the operation is authorised under this Act; and
the conduct results in significant environmental harm.
Maximum penalty: 2 600 penalty units.
Minimum penalty: 260 penalty units.
A person commits an offence if:
the person engages in conduct; and
the conduct occurs during the course of an operation; and
the operation is authorised under this Act; and
the conduct results in material environmental harm.
Maximum penalty: 1 300 penalty units.
Minimum penalty: 130 penalty units.
A person commits an offence if:
the person engages in conduct; and
the conduct occurs during the course of an operation; and
(c) the operation is authorised under this Act; and
the conduct results in environmental harm.
Maximum penalty: 130 penalty units.
(8) An offence against subsection (5), (6) or (7) is an offence of strict liability.
(9) It is a defence to a prosecution for an offence against subsection (1), (3), (5), (6) or (7) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.
(10) The defendant has the legal burden of proof in relation to a matter mentioned in subsection (9).
This Act’s bill:Second reading speech
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