Environmental Protection Act 1994

This section applies to a person causing or permitting, or who caused or permitted, an incident involving contamination of the environment to happen that results in unlawful environmental harm.

The person must, as soon as reasonably practicable after the incident happens, take measures, as far as reasonably practicable, to rehabilitate or restore the environment to its condition before the harm (the duty to restore the environment).

A person commits an offence if—

the person contravenes the duty to restore the environment; and

the contravention relates to harm that is serious or material environmental harm.

if the offence is committed wilfully—4,500 penalty units or 2 years imprisonment; or

otherwise—1,655 penalty units.

In deciding the measures required to be taken under subsection (2), regard must be had to, for example—

the nature and extent of the environmental harm caused by the contamination; and

the sensitivity of the receiving environment to remedial measures that might be taken in relation to the environmental harm; and

the current state of technical knowledge for remedial measures that might be taken in relation to the environmental harm; and

the likelihood of successful application of the different measures that might be taken in relation to the environmental harm; and

the financial implications of the different measures that might be taken in relation to the environmental harm.