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ENVIRONMENTAL PROTECTION ACT 1986 - SECT 58

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 58

58 .         Contravening licence conditions

        (1)         A holder of a licence who contravenes a condition to which the licence is subject commits an offence.

        (2)         If a person contravenes on premises in respect of which a licence is in force a condition to which the licence is subject, the occupier of those premises is himself deemed to have contravened that condition whether or not the person acted contrary to the instructions of that occupier in contravening that condition.

        (3)         If —

            (a)         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 a licensee in respect of the premises referred to in that paragraph; and

            (c)         a condition to which the licence of the licensee referred to in paragraph (b) is subject is contravened on the premises referred to in paragraph (a),

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

        (4)         In subsection (3) —

        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 58 amended: No. 10 of 2001 s. 72; No. 54 of 2003 s. 76.]