Environmental authority holder responsible for ensuring conditions complied with
431 Environmental authority holder responsible for ensuring conditions complied with
The holder of an environmental authority must ensure everyone acting under the authority complies with the conditions of the authority.
If another person acting under the authority commits an offence against section 430, the holder also commits an offence, namely, the offence of failing to ensure the other person complies with the conditions.Maximum penalty—the penalty under section 430(2) or (3) for the contravention of the conditions.
Evidence that the other person has been convicted of an offence against section 430 while acting under the authority is evidence that the holder committed the offence of failing to ensure the other person complies with the conditions.
However, it is a defence for the holder to prove—
the holder issued appropriate instructions and used all reasonable precautions to ensure compliance with the conditions; and
the offence was committed without the holder’s knowledge; and
the holder could not by the exercise of reasonable diligence have stopped the commission of the offence.
This Act’s bill:Explanatory memorandum
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