Northern Territory Numbered Acts

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ENVIRONMENT PROTECTION ACT 2019 (NO 31 OF 2019) - SECT 154

Contravention of direction – environmental offences

    (1)     A person commits an offence if:

    (a)     the person is given a direction under section 153 (2); and

    (b)     the person contravenes that direction and the person is reckless in relation to that result.

Penalty:     environmental offence level 2.

    (2)     A person commits an offence if:

    (a)     the person is given a direction under section 153 (2); and

    (b)     the person contravenes that direction.

Penalty:     environmental offence level 3.

    (3)     Strict liability applies to subsection (1)(a).

    (4)     An offence against subsection (2) is an offence of strict liability.

    (5)     It is a defence to a prosecution for an offence against this section if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.

    (6)     The defendant has a legal burden of proof in relation to a matter mentioned in subsection (5).



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