Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 496

             (1)  For the purposes of sections 494 and 495, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent the contravention, a court is to have regard to:

                     (a)  what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):

                              (i)  that the body arranges regular professional assessments of the body's compliance with this Act and the regulations;

                             (ii)  that the body implements any appropriate recommendations arising from such an assessment;

                            (iii)  that the body has an appropriate system established for managing the effects of the body's activities on the environment;

                            (iv)  that the body's employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with this Act and the regulations, in so far as those requirements affect the employees, agents or contractors concerned; and

                     (b)  what action (if any) the officer took when he or she became aware that the body was contravening:

                              (i)  this Act; or

                             (ii)  the regulations; or

                            (iii)  if the body contravened Part 3 or section 142 or 142A--any environmental management plan that was prepared by the body, and approved by the Minister, as required by a condition attached to an approval under Part 9 for the purposes of a provision of Part 3 of the body's taking of an action.

             (2)  This section does not, by implication, limit the generality of sections 494 and 495.