Duty to notify of incidents causing or threatening to cause pollution
14 Duty to notify of incidents causing or threatening to cause pollution
Where:
an incident occurs in the conduct of an activity; and
(b) the incident causes, or is threatening or may threaten to cause, pollution resulting in material environmental harm or serious environmental harm,
the person conducting the activity must notify the NT EPA in accordance with subsection (3) as soon as practicable after (and in any case within 24 hours after) first becoming aware of the incident or the time he or she ought reasonably be expected to have become aware of the incident.
Penalty: environmental offence level 4.
Where:
an incident occurs in the conduct of an activity; and
(b) the incident causes, or is threatening or may threaten to cause, pollution resulting in material environmental harm or serious environmental harm,
the person must not intentionally fail to notify the NT EPA in accordance with subsection (3) as soon as practicable and in any case within 24 hours after first becoming aware of the incident.
Penalty: environmental offence level 3.
A notification under subsection (1) or (2) is to specify:
the incident causing or threatening to cause pollution;
the place where the incident occurred;
the date and time of the incident;
how the pollution has occurred, is occurring or may occur;
(e) the attempts made to prevent, reduce, control, rectify or clean up the pollution or resultant environmental harm caused or threatening to be caused by the incident; and
the identity of the person notifying.
(4) It is a defence to a charge of committing an offence against subsection (1) or (2) if the defendant establishes that he or she believed, on reasonable grounds, that the NT EPA had been notified of the incident before 24 hours after the person first became aware, or ought reasonably be expected to have become aware, of the incident.
(5) For the purposes of this section, incident includes:
an accident, emergency or malfunction; and
(b) a deliberate action, whether or not that action was taken by the person conducting the activity in the course of which the incident occurred.
(6) Notification provided under subsection (1) or (2) is not to be used as evidence in proceedings before a court, other than proceedings for an offence against this section.
This Act’s bill:Second reading speech
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