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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—
(i) the person took all reasonable steps to ensure the first corporation complied with the notice served on the first corporation; or
(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.
(4) In this section—


"first corporation" see section 363G (c) .


"lease" includes a residential tenancy agreement under the Residential Tenancies Act 1994 .