Part 9General offences

Part 9—General offences 79—Causing serious environmental harm (1) A person who causes serious 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. (a) in the case of a body corporate—$2 000 000; (b) in the case of a natural person—$500 000 or imprisonment for 4 years, or both. (2) A person who by polluting the environment causes serious environmental harm is guilty of an offence. (a) in the case of a body corporate—$500 000; (b) in the case of a natural person—$250 000. (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. 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. (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. (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. 81—Alternative finding If in proceedings for an offence against this Part of causing serious environmental harm 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 this Part of causing material environmental harm, the court may find the defendant guilty of the latter offence. 82—Causing environmental nuisance (1) A person who causes an environmental nuisance by polluting the environment intentionally or recklessly and with the knowledge that an environmental nuisance will or might result is guilty of an offence. (b) in the case of a natural person—$30 000. (2) A person who by polluting the environment causes an environmental nuisance is guilty of an offence. (a) in the case of a body corporate—$15 000; (b) in the case of a natural person—$4 000. 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. (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). 83A—Notification of site contamination of underground water (1) This section applies to— (a) an owner or occupier of a site; or (b) a site contamination auditor or a site contamination consultant engaged for the purposes of making determinations or assessments in relation to site contamination on or below the surface of a site. (2) A person to whom this section applies must notify the Authority in writing as soon as reasonably practicable after becoming aware of the existence of site contamination at the site or in the vicinity of the site (whether arising before or after the commencement of this section) that affects or threatens water occurring naturally under the ground or introduced to an aquifer or other area under the ground. (3) The notification must— (a) describe the location of the site contamination sufficient to identify it; and (b) include the information known to the person about the nature and extent of the site contamination. (4) For the purposes of this section— (a) a person is not required to notify the Authority of a matter if the person has reason to believe that the matter has already come to the notice of the Authority or an officer engaged in the administration or enforcement of this Act; but (b) a person is required to notify the Authority of a matter despite the fact that to do so might incriminate the person or make the person liable to a penalty. (5) A 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). 84—Defence where alleged contravention of Part (1) In any proceedings (criminal or civil) where it is alleged that a person contravened this Part, it will be a defence— (i) maximum pollution levels were fixed for the particular pollutant and form of pollution concerned in the alleged contravention by mandatory provisions of an environment protection policy or conditions of an environmental authorisation held by the person, or both; and (ii) it is proved that the person did not by so polluting the environment contravene the mandatory provisions or conditions; or (i) an environment protection policy or conditions of an environmental authorisation provided that compliance with specified provisions of the policy or with specified conditions of the authorisation would satisfy the general environmental duty in relation to the form of pollution concerned in the alleged contravention; and (ii) it is proved that the person complied with the provisions or with such conditions of an authorisation held by the person; or (c) if it is proved that the pollution resulted in actual or potential harm only to that person or that person's property, or to some other person or some other person's property with that other person's consent. (1a) Subsection (1)(c) does not apply where— (a) the property harmed comprises water occurring naturally above or under the ground or water introduced to an aquifer or other area under the ground; or (b) the pollution resulted in site contamination. (2) The defences provided by this section are in addition to and do not derogate from the general defence under Part 15.