ENVIRONMENTAL PROTECTION ACT 1994 - SECT 433
Holder responsible for ensuring program complied with
ENVIRONMENTAL PROTECTION ACT 1994 - SECT 433
Holder responsible for ensuring program complied with
433 Holder responsible for ensuring program complied with
(1) The holder of a transitional environmental program must ensure everyone
acting under the program complies with the program.
(2) If another person
acting under the program commits an offence against section 432, the holder
also commits an offence, namely, the offence of failing to ensure the other
person complies with the program.
Penalty—
Maximum penalty—the
penalty under section 432(1) or (2) for the contravention of the program.
(3) Evidence that the other person has been convicted of an offence against
section 432while acting under the program is evidence that the holder
committed the offence of failing to ensure the other person complies with the
program.
(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 program; 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.