ENVIRONMENT PROTECTION ACT 1993 - SECT 9

ENVIRONMENT PROTECTION ACT 1993 - SECT 9

9—Territorial and extra-territorial application of Act

        (1)         This Act extends in application to the coastal waters of the State and the air above and land beneath those waters.

        (2)         Where—

            (a)         a person causes a pollutant to come within the State or causes environmental harm within the State, by conduct engaged in outside the State; and

            (b)         the conduct would, if engaged in within the State, constitute a contravention of this Act,

the person is liable to a penalty in respect of the contravention as if the conduct were engaged in by the person within the State.

        (3)         For the purposes of subsection (2)—

            (a)         a reference to the "State" includes a reference to the coastal waters of the State and the air above and land beneath those waters; and

            (b)         a reference to "engaging in conduct" includes a reference to failure to act.