80—Causing material environmental harm
(1) A person who
causes material environmental harm by polluting the environment intentionally
or recklessly and with the knowledge that environmental harm will or might
result is guilty of an offence.
Maximum penalty:
(a) in
the case of a body corporate—$500 000;
(b) in
the case of a natural person—$250 000 or imprisonment for
2 years, or both.
(2) A person who by
polluting the environment causes material environmental harm is guilty of an
offence.
Maximum penalty:
(a) in
the case of a body corporate—$250 000;
(b) in
the case of a natural person—$150 000.
(3) If in proceedings
for an offence against subsection (1) the court is not satisfied that the
defendant is guilty of the offence charged but is satisfied that the defendant
is guilty of an offence against subsection (2), the court may find the
defendant guilty of the latter offence.