Waste Management and Pollution Control Act 1998

Where a partner commits an offence against this Act, every other partner in the partnership is to be taken to have committed the same offence.

Where a person commits an offence against this Act while engaging in conduct on behalf of an unincorporated association, each member of the committee of management of the association is to be taken to have committed the same offence.

It is a defence to a prosecution for an offence committed by virtue of subsection (1) or (2) if the defendant establishes that:

the person who committed the offence that the defendant is to be taken to have committed under subsection (1) or (2) had, under this

Act, a defence to the offence that the defendant is, apart from this subsection, to be taken to have committed;

the act or omission that constituted the offence took place without the defendant's authority, permission or consent;

the defendant did not know, and ought not reasonably be expected to have known, the offence was to be or was being committed and took all reasonable steps to prevent or stop the commission of the offence or a similar offence; or

the defendant could not by the exercise of reasonable diligence have prevented the commission of the offence by the person who committed the offence.

A person may be proceeded against and found guilty under a provision in pursuance of subsection (1) or (2) whether or not the person whose offence he or she is to be taken to have committed by virtue of subsection (1) or (2) has been proceeded against or found guilty of an offence against the provision.

Notwithstanding anything in this Act or the Environmental

Offences and Penalties Act 1996, a person is not liable to be punished by imprisonment for an offence if the person would not have been found guilty of the offence except for subsection (1) or (2).

For the purposes of this section, a reference to engaging in conduct is to be read as including a reference to failing or refusing to engage in conduct.