Australian Capital Territory Current Acts

ENVIRONMENT PROTECTION ACT 1997 - SECT 45

    (1)     A person must not contravene an environmental authorisation.

Maximum penalty: 200 penalty units.

    (2)     If—

        (a)     a court finds a person guilty of an offence against subsection (1) the circumstances of which were—

              (i)     that the person caused the entry into the environment of a measure of a pollutant in excess of the measure authorised by the environmental authorisation; and

              (ii)     that, as a result, environmental harm was caused or likely to be caused; and

        (b)     the court, in deciding the penalty (if any) to be imposed on the person, considers it relevant to have regard to the environmental harm caused, or likely to be caused, in the commission of the offence;

the court must have regard to all the circumstances of the offence including—

        (c)     the conditions of the environmental authorisation; and

        (d)     the environmental harm caused by the excess pollutant.