New South Wales Consolidated Acts

SNOWY HYDRO CORPORATISATION ACT 1997 - SECT 34

34 Offence to contravene Snowy water licence

(1) The Snowy Hydro Company must not contravene or fail to comply with the terms, conditions or other provisions of the Snowy water licence.

Maximum penalty (subject to this section): 1,000 penalty units and a further 500 penalty units for each day the offence continues.

(2) The maximum penalty for an offence against this section is increased to 10,000 penalty units and a further 1,000 penalty units for each day the offence continues if the prosecution establishes that:

(a) the contravention or failure was intentional or reckless, and

(b) the contravention or failure harmed, or is likely to harm, the environment (within the meaning of the Environmental Offences and Penalties Act 1989 ).

The increased penalty applies only if the elements required to be established by the prosecution for the increased penalty are set out in the charge.

(3) If, by the operation of section 50, a person who is a director of the Snowy Hydro Company or who is concerned in the management of the Company is taken to have contravened this section, the maximum penalty that may be imposed on the person for the contravention is, if the maximum penalty under subsection (2) applies, 2,500 penalty units or 2 years imprisonment or both.

(4) If an act or omission constitutes an offence:

(a) under this section, and

(b) under the Environmental Offences and Penalties Act 1989 ,

the offender is not liable to be punished twice in respect of the offence.