ENVIRONMENTAL PROTECTION ACT 1994 - SECT 438 Offences of causing material environmental harm

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 438

438 Offences of causing material environmental harm

(1) A person must not wilfully and unlawfully cause material environmental harm.

Penalty—

Maximum penalty—4,500 penalty units or 2 years imprisonment.

(2) A person must not unlawfully cause material environmental harm.

Penalty—

Maximum penalty—1,665 penalty units.

(3) In a proceeding for an offence against subsection (1) , if the court is not satisfied the defendant is guilty of the offence charged but is satisfied the defendant is guilty of an offence against subsection (2) , the court may find the defendant guilty of the offence against subsection (2) .

Note—

See section 493A (When environmental harm or related acts are unlawful).