(1) The Court may grant an application under section 355if the Court is
satisfied—
(a) the relevant event was wilfully done or omitted to be done
with the intention of relying on the giving of a program notice as an excuse;
or
(b) it is not appropriate for section 353(1) to apply to the person who
gave the program notice because of the nature and extent of the
environmental harm caused or threatened by the continuation of the original
offence.
(2) In deciding the application, the Court may have regard to the
following—
(a) the circumstances in which the relevant event happened;
(b)
the nature and extent of the environmental harm caused or threatened by a
continuation of the original offence under the program notice;
(e) whether a transitional environmental program or protection order
is in force for the activity.
(3) If the Court grants the application, the
Court must make an order that section 353(1) does not apply to the person for
a continuation of the original offence under the program notice (whether the
continuation happened before or after the receiving of the program notice).