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NTAct
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s 83

General environmental offences

In force
Part 11Offences, penalties and criminal proceedings
Division 1Offences

83 General environmental offences

(1)

A person must not intentionally pollute the environment, where:

(a)

serious environmental harm results; 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 pollution.

Penalty: environmental offence level 1.

(2)

A person must not pollute the environment, where:

(a)

serious environmental harm results; 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 pollution.

Penalty: environmental offence level 2.

(3)

A person must not intentionally pollute the environment, where:

(a)

material environmental harm results; 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 pollution.

Penalty: environmental offence level 2.

(4)

A person must not pollute the environment, where:

(a)

material environmental harm results; 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 pollution.

Penalty: environmental offence level 3.

(5)

A person must not cause an environmental nuisance.

Penalty: environmental offence level 4.

(6) A person must not intentionally cause or permit a contaminant or waste to be stored:

(a)

in a manner or condition in which; or

(b)

at a place from which,

it is reasonably likely that the contaminant or waste could:

(c)

leak, spill, or escape from storage into the environment; and

(d) in leaking, spilling or escaping from storage, cause environmental harm.

Penalty: environmental offence level 3.

(7) A person must not cause or permit a contaminant or waste to be stored:

(a)

in a manner or condition in which; or

(b)

at a place from which,

it is reasonably likely that the contaminant or waste could:

(c)

leak, spill, or escape from storage into the environment; and

(d) in leaking, spilling or escaping from storage, cause environmental harm.

Penalty: environmental offence level 4.

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