Offence of causing environmental nuisance
440 Offence of causing environmental nuisance
A person must not wilfully and unlawfully cause an environmental nuisance.
Maximum penalty—1,665 penalty units.
A person must not unlawfully cause an environmental nuisance.
Maximum penalty—600 penalty units.
This section does not apply to an environmental nuisance mentioned in schedule 1, part 1.
In a proceeding for an offence against subsection (1), if the court is not satisfied the defendant is guilty of the offence charged but is satisfied the defendant is guilty of an offence against subsection (2), the court may find the defendant guilty of the offence against subsection (2).
Note—
See section 493A (When environmental harm or related acts are unlawful).
This Act’s bill:Explanatory memorandum
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