(1) The holder of an environmental authority must ensure everyone acting under
the authority complies with the conditions of the authority.
(2) If another
person acting under the authority commits an offence against section 430, the
holder also commits an offence, namely, the offence of failing to ensure the
other person complies with the conditions.
Penalty—
Maximum
penalty—the penalty under section 430(2) or (3) for the contravention of
the conditions.
(3) Evidence that the other person has been convicted of an
offence against section 430while acting under the authority is evidence that
the holder committed the offence of failing to ensure the other person
complies with the conditions.
(4) However, it is a defence for the holder to
prove—
(a) the holder issued appropriate instructions and used all
reasonable precautions to ensure compliance with the conditions; and
(b) the
offence was committed without the holder’s knowledge; and
(c) the holder
could not by the exercise of reasonable diligence have stopped the commission
of the offence.