ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 58 Imputation in proceedings of conduct or state of mind of officer, employee, &c.
ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 58
Imputation in proceedings of conduct or state of mind of officer, employee, &c.
(1) For the purposes of proceedings for an offence against this Act (a) the conduct and state of mind of an officer, employee or agent of a body corporate acting within the scope of his or her actual, usual or ostensible authority will be imputed to the body corporate; and(b) the conduct and state of mind of an employee or agent of a natural person acting within the scope of his or her actual, usual or ostensible authority will be imputed to that person.(2) Where the person is not liable to be punished by imprisonment for the offence.(a) a natural person is convicted of an offence against this Act; and(b) the person would not have been convicted of the offence but for the operation of subsection (1) (3) For the purposes of this section, a reference to conduct or acting includes a reference to failure to act.