If a pollution incident occurs in the course of an activity so that material harm to the environment (within the meaning of section 147) is caused or threatened, the person carrying on the activity must immediately implement any pollution incident response management plan in relation to the activity required by this Part.
: Maximum penalty--(a) for a corporation--$4,000,000 and, for a continuing offence, a further penalty of $480,000 for each day the offence continues, or(b) for an individual--$1,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues.
Note--: An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation--see section 169A.