(a) in the case of
a corporation--10,000 penalty units, and, in the case of a continuing offence,
a further penalty of 1,000 penalty units for each day that the offence
continues, or
(b) in the case of a natural person--2,000 penalty units, and,
in the case of a continuing offence, a further penalty of 200 penalty units
for each day that the offence continues.
Note : An offence against subsection
(1) committed by a corporation is an executive liability offence attracting
executive liability for a director or other person involved in the management
of the corporation--see section 378F.
(2) If a condition of a mining lease,
in its application to or in respect of a mining sublease area, is contravened
by any person, the holder of the sublease is guilty of an offence.
: Maximum
penalty--
(a) in the case of a corporation--10,000 penalty units, and, in the
case of a continuing offence, a further penalty of 1,000 penalty units for
each day that the offence continues, or
(b) in the case of a natural
person--2,000 penalty units, and, in the case of a continuing offence, a
further penalty of 200 penalty units for each day that the offence continues.
(3) In imposing a penalty under this section for a contravention of a
condition, the court is to take into consideration the following (so far as
they are relevant)--
(a) the extent of the harm caused or likely to be caused
to the environment by the commission of the offence,
(b) the practical
measures that may be taken to prevent, control, abate or mitigate that harm,
(c) the extent to which the person who committed the offence could reasonably
have foreseen the harm caused or likely to be caused to the environment by the
commission of the offence,
(d) the extent to which the person who committed
the offence had control over the causes that gave rise to the offence,
(e)
any other matters the court considers relevant.
