Offence to contravene permit
28L Offence to contravene permit
A person commits an offence if:
the person is a holder of a permit; and
the person intentionally engages in conduct; and
(c) the conduct results in a contravention of the permit and the person is reckless in relation to that result.
Penalty: environmental offence level 3.
Strict liability applies to subsection (1)(a).
A person commits an offence if:
the person is a holder of a permit; and
the person contravenes the permit.
Penalty: environmental offence level 4.
(4) An offence against subsection (3) is an offence of strict liability.
(5) It is a defence to a prosecution for an offence against subsection (1) or (3) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.
Note for subsection (5)
The defendant has an evidential burden in relation to the matters in subsection (5) (see section 43BU of the Criminal Code).
This Act’s bill:Second reading speech
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