ENVIRONMENT PROTECTION ACT 1997 - SECT 138 Causing material environmental harm or likely material environmental
ENVIRONMENT PROTECTION ACT 1997 - SECT 138
Causing material environmental harm or likely material environmental harm(1) A person must not knowingly or recklessly pollute the environment causing material environmental harm or likely material environmental harm.
Maximum penalty: 1 000 penalty units, imprisonment for 2 years or both.
(2) A person must not negligently pollute the environment causing material environmental harm or likely material environmental harm.
Maximum penalty: 750 penalty units, imprisonment for 1 year or both.
(3) A person must not pollute the environment causing material environmental harm or likely material environmental harm.
Maximum penalty: 500 penalty units.
(4) If in a proceeding for an offence against subsection (1), the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against subsection (2), the court may find the defendant guilty of the latter offence.
(5) If in a proceeding for an offence against subsection (1) or subsection (2), the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against subsection (3), the court may find the defendant guilty of the latter offence.