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ENVIRONMENT PROTECTION ACT 2017 - SECT 28

Transitional duty relating to material harm

    (1)     A person must not engage in conduct that results in material harm to human health or the environment from pollution or waste.

Notes

Section 314 provides that subsection (1) is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 314.

See section 5 for the definition of material harm .

    (2)     A person who contravenes subsection (1) commits an offence.

Penalty:     In the case of a natural person, 2000 penalty units;

    In the case of a body corporate, 10 000 penalty units.

    (3)     If a person contravenes subsection (1), it is a defence if the person proves that, in engaging in the conduct, the person did not contravene the general environmental duty.

    (4)     An offence under subsection (2) is an indictable offence.

Note

This offence may be heard and determined summarily (see  section 28 of the Criminal Procedure Act 2009 ).

    (5)     Proceedings must not be commenced against a person in relation to a contravention of subsection (1) if the person has been convicted of an offence against the general environmental duty constituted by conduct that is the same or substantially the same as the conduct that constitutes the contravention of subsection (1).

    (6)     Proceedings must not be commenced against a person in relation to a contravention of the general environmental duty if the person has been convicted of an offence under subsection (2) constituted by conduct that is the same or substantially the same as the conduct that constitutes the contravention of the general environmental duty.

    (7)     This Part is repealed on whichever is the earlier of—

        (a)     the fourth anniversary of the day on which it comes into operation; or

        (b)     a day to be proclaimed.

Pt 3.4 (Heading and ss 2934) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 1230, 3/2020 ss 4244, 47/2020 s. 26).

Part 3.4—Duties relating to pollution incidents

S. 29 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 1230, 3/2020 ss 4244, 47/2020 s. 26).



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