New South Wales Consolidated Acts
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PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 116
Leaks, spillages and other escapes
116 Leaks, spillages and other escapes
(1) If a person wilfully or negligently causes any substance to leak, spill or
otherwise escape (whether or not from a container) in a manner that harms or
is likely to harm the environment--
(a) the person, and
(b) if the person is
not the owner of the substance, the owner, are each guilty of an offence.
(a) the person in possession of the substance at the time of the leak,
spill or other escape, or
(b) the owner of any container from which the
substance leaked, spilled or escaped, or
(c) the owner of the land on which
the substance or any such container was located at the time of the leak, spill
or other escape, or
(d) the occupier of the land on which the substance or
any such container was located at the time of the leak, spill or other escape,
wilfully or negligently, in a material respect, caused or contributed to the
conditions that gave rise to the commission of the offence under subsection
(1), that person, owner or occupier is guilty of an offence.
(3) A person may
be proceeded against and convicted of an offence under subsection (2) whether
or not a person has been proceeded against or convicted of an offence under
subsection (1) in respect of the leak, spill or other escape.
(4) It is a
defence in any proceedings against a person for an offence under this section
if the person establishes that the leak, spill or other escape was caused with
(5) In this section--
"container" includes anything used for the purpose of storing, transporting or
handling the substance concerned.
"owner" of a substance includes, in relation to a substance that has leaked,
spilled or otherwise escaped, the person who was the owner of the substance
immediately before it leaked, spilled or otherwise escaped.
Note : An offence
against subsection (1) or (2) committed by a corporation is an offence
attracting special executive liability for a director or other person involved
in the management of the corporation--see section 169.
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