ENVIRONMENTAL PROTECTION ACT 1994 - SECT 363I
Offence not to comply with clean-up notice
ENVIRONMENTAL PROTECTION ACT 1994 - SECT 363I
Offence not to comply with clean-up notice
363I Offence not to comply with clean-up notice
(1) The recipient of a clean-up notice must comply with the notice unless the
recipient has a reasonable excuse.
Penalty—
Maximum penalty—
(a) if
the offence is committed wilfully—6,250 penalty units or 5 years
imprisonment; or
(b) otherwise—4,500 penalty units.
(2) If the recipient
is an individual and the notice includes a requirement to give information or
produce a document, it is a reasonable excuse for the individual to fail to
comply with the requirement if complying with the requirement might tend to
incriminate the individual.
(3) In proceedings for an offence against
subsection (1) , it is a defence for the recipient to show—
(a) that the
recipient is not a prescribed person; or
(b) that—
(i) the relevant
contamination incident was caused by a natural disaster; and
(ii) the
recipient had taken all measures it would be reasonable for the recipient to
have taken to prevent the incident, having regard to all the circumstances
including the inherent nature of the risk and the probability of the natural
disaster; or
(c) that—
(i) the relevant contamination incident was caused
by a terrorist act or other deliberate act of sabotage by someone other than
the recipient; and
(ii) the recipient had taken all measures it would be
reasonable for the recipient to have taken to prevent the incident, having
regard to all the circumstances including the inherent nature of the risk and
the nature of the recipient’s connection with the incident; or
(d) if the
recipient is a prescribed person mentioned in section 363G(c) (i) , that it
took all reasonable steps to ensure the first corporation complied with the
notice served on the first corporation; or
(e) if the recipient is a
prescribed person mentioned in section 363G(c) (ii) , that—
(ii) the person was not in a
position to influence the conduct of the first corporation in relation to its
compliance with the notice served on the first corporation.