New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 117

117 Emission of ozone depleting substances

(1) If a person wilfully or negligently causes any controlled substance (within the meaning of the Ozone Protection Act 1989 ) to be emitted into the atmosphere in contravention of the regulations under that Act and 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.

Note : An offence against subsection (1) 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.

(2) In this section--

"owner" of a substance includes, in relation to a substance that has been emitted into the atmosphere, the person who was the owner of the substance immediately before it was emitted.