ENVIRONMENTAL PROTECTION ACT 1986 - SECT 55

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 55

55 .         Contravening conditions of works approvals

        (1)         The occupier of any premises to which a works approval relates (in this section called the relevant premises ) who contravenes any condition to which the works approval, or a suspension of the works approval, is subject commits an offence.

        (2)         If —

            (a)         the relevant premises are shared by a corporation and a subsidiary or subsidiaries of the corporation; and

            (b)         the corporation or a subsidiary referred to in paragraph (a) is an occupier of the relevant premises; and

            (c)         a condition to which the works approval relating to the relevant premises is for the time being subject is contravened on the relevant premises,

                the occupier referred to in paragraph (b) is deemed to have caused the contravention referred to in paragraph (c) unless the contrary is proved.

        (3)         In subsection (2) —

        corporation has the meaning given by the Corporations Act 2001 of the Commonwealth;

        subsidiary has the meaning given by the Corporations Act 2001 of the Commonwealth.

        [Section 55 amended: No. 10 of 2001 s. 71; No. 54 of 2003 s. 73.]