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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 490

Providing false or misleading information in response to a condition on an approval or permit

  (1)   A person commits an offence if:

  (a)   the person is the holder of an environmental authority; and

  (b)   a condition attached to the environmental authority requires the person to provide information; and

  (c)   the person provides information in response (or purportedly in response) to the requirement; and

  (d)   the person is reckless as to whether the information is false or misleading in a material particular.

Note:   The fault element in paragraph   (1)(d) can be demonstrated by proof of knowledge. See subsection   5.4(4) of the Criminal Code .

  (2)   The offence is punishable on conviction by:

  (a)   imprisonment for a term not more than 2 years, a fine not more than 120 penalty units, or both, if it is proved the person knew the information was false or misleading; or

  (b)   imprisonment for a term not more than 1 year, a fine not more than 60 penalty units, or both, if it is proved the person was reckless as to whether the information was false or misleading.

Note:   Subsection   4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection.


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