ENVIRONMENT PROTECTION ACT 2019 - SECT 151 Contravention of direction to provide relevant information – environmental offences
ENVIRONMENT PROTECTION ACT 2019 - SECT 151
Contravention of direction to provide relevant information – environmental offences(1) A person commits an offence if:
(a) the person is given a direction under section 149 ; and
(b) the person contravenes that direction and is reckless in relation to that result.
Penalty: environmental offence level 2.
(2) A person commits an offence if:
(a) the person is given a direction under section 149 ; and
(b) the person contravenes that direction.
Penalty: environmental offence level 3.
(3) Strict liability applies to subsection (1)(a).
(4) An offence against subsection (2) is an offence of strict liability.
(5) It is a defence to a prosecution for an offence against this section if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.
(6) The defendant has a legal burden of proof in relation to a matter mentioned in subsection (5).