South Australian Current Acts

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ENVIRONMENT PROTECTION ACT 1993 - SECT 83

83—Notification where serious or material environmental harm caused or threatened

        (1)         If serious or material environmental harm from pollution is caused or threatened in the course of an activity undertaken by a person, the person must, as soon as reasonably practicable after becoming aware of the harm or threatened harm, notify the Authority of the harm or threatened harm, its nature, the circumstances in which it occurred and the action taken to deal with it.

Maximum penalty:

            (a)         in the case of a body corporate—$250 000;

            (b)         in the case of a natural person—$150 000.

        (2)         For the purposes of subsection (1)—

            (a)         a person is not required to notify the Authority of harm or threatened harm if the person has reason to believe that the harm or threatened harm has already come to the notice of the Authority or any officer engaged in the administration or enforcement of this Act; but

            (b)         a person is required to notify the Authority of harm or threatened harm despite the fact that to do so might incriminate the person or make the person liable to a penalty.

        (3)         Any notification given by a person in compliance with this section is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).



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