ENVIRONMENT PROTECTION ACT 2019 - SECT 189 Offence to contravene notice requirement

ENVIRONMENT PROTECTION ACT 2019 - SECT 189

    (1)     A person commits an offence if:

        (a)     the person is required to give a notice to the CEO under section 188; and

        (b)     the person contravenes that requirement.

Maximum penalty:     100 penalty units.

    (2)     An offence against subsection (1) is an offence of strict liability.

    (3)     It is a defence to a prosecution for an offence against subsection (1) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.

    (4)     The defendant has a legal burden of proof in relation to a matter mentioned in subsection (3).