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ENVIRONMENT PROTECTION ACT 1993 - SECT 79

ENVIRONMENT PROTECTION ACT 1993 - SECT 79

79—Causing serious environmental harm

        (1)         A person who causes serious environmental harm by polluting the environment intentionally or recklessly and with the knowledge that environmental harm will or might result is guilty of an offence.

Maximum penalty:

            (a)         in the case of a body corporate—$2 000 000;

            (b)         in the case of a natural person—$500 000 or imprisonment for 4 years, or both.

        (2)         A person who by polluting the environment causes serious environmental harm is guilty of an offence.

Maximum penalty:

            (a)         in the case of a body corporate—$500 000;

            (b)         in the case of a natural person—$250 000.

        (3)         If in proceedings for an offence against subsection (1) the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against subsection (2), the court may find the defendant guilty of the latter offence.