Queensland Numbered Acts Queensland Numbered ActsChapter 8, part 2—
insert—
431A PRCP schedule required for particular environmentally relevant activities The holder of an environmental authority issued for a site-specific application for mining activities relating to a mining lease must not carry out, or allow the carrying out of, an environmentally relevant activity under the authority unless there is a PRCP schedule for the activity.Penalty—Maximum penalty—4,500 penalty units.
431B Contravention of condition of PRCP schedule(1) This section applies to a person who is the holder of, or is acting under, a PRCP schedule.(2) The person must not wilfully contravene a condition of the PRCP schedule.Penalty—Maximum penalty—6,250 penalty units or 5 years imprisonment.(3) The person must not contravene a condition of the PRCP schedule.Penalty—Maximum penalty—4,500 penalty units.(4) In a proceeding for an offence against subsection (2), if the court is not satisfied the defendant is guilty of the offence charged but is satisfied the defendant is guilty of an offence against subsection (3), the court may find the defendant guilty of the offence against subsection (3).
431C Holder of PRCP schedule responsible for ensuring conditions of PRCP schedule complied with(1) The holder of a PRCP schedule must ensure everyone acting under the schedule complies with the conditions of the schedule.(2) If another person acting under the schedule commits an offence against section 431B, the holder also commits an offence, namely, the offence of failing to ensure the other person complies with the conditions.Penalty—Maximum penalty—the penalty under section 431B(2) or (3) for the contravention of the conditions.(3) Evidence that the other person has been convicted of an offence against section 431B(2) or (3) while acting under the schedule is evidence that the holder committed the offence of failing to ensure the other person complies with the conditions of the schedule.(4) However, it is a defence for the holder to prove—(a) the holder issued appropriate instructions and used all reasonable precautions to ensure compliance with the conditions of the schedule; and(b) the offence was committed without the holder’s knowledge; and(c) the holder could not by the exercise of reasonable diligence have stopped the commission of the offence.