Environmental Protection Act 1994

This section applies in relation to an environmental enforcement order issued under section 362(2)(a).

In a proceeding for an offence against section 369A(1) or (2), it is a defence for the recipient of the environmental enforcement order to show—

that the recipient is not a prescribed person for the contamination incident; or

that—

the contamination incident was caused by a natural disaster; and

the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the probability of the natural disaster; or

that—

the contamination incident was caused by a terrorist act or other deliberate act of sabotage by someone other than the recipient; and

the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the nature of the recipient’s connection with the incident; or

if the recipient is a prescribed person mentioned in section 361(d)(i), that the person took all reasonable steps to ensure the first corporation complied with the notice served on the first corporation; or

if the recipient is a prescribed person mentioned in section 361(d)(ii), that—

the person took all reasonable steps to ensure the first corporation complied with the notice served on the first corporation; or

the person was not in a position to influence the conduct of the first corporation in relation to its compliance with the notice served on the first corporation.

In this section—first corporation see section 361(d).