153Due diligence

153 Due diligence (1) It is a defence to a prosecution for an offence against section 137, section 138, section 139, section 141, section 142 or section 147, or an offence against a regulation that is prescribed for this section, that the defendant exercised due diligence to prevent the act or omission alleged to constitute the offence or an element of the offence. (2) Without subsection (1), in deciding whether the defendant exercised due diligence, the court may have regard to— (a) if the defendant is a corporation—the steps taken by it— (i) to ensure that people employed or engaged by it were aware of the requirements of this Act and any relevant environmental laws and standards relating to the prevention or minimisation of environmental harm or likely environmental harm; or (ii) to ensure compliance with those laws and standards by those people; or (iii) to establish an environmental management system and to ensure implementation and compliance with it; or (b) if the defendant was the director of a corporation or other person responsible for the management of the activity in relation to which the environmental harm or likely environmental harm happened— (i) whether the defendant was personally familiar with the requirements of this Act and any relevant environmental laws and standards relating to the prevention or minimisation of environmental harm or likely environmental harm; or (ii) whether the defendant had taken all reasonable steps to comply with those laws and standards; or (iii) the steps taken by the defendant to ensure other people for whom it was relevant were familiar with this Act and any relevant laws and standards, and compliance with those laws and standards by those people; or (iv) the steps taken by the defendant to establish an environmental management system and to ensure familiarity and compliance with it by other people for whom it was relevant; or (v) whether the defendant reacted immediately and personally when the defendant became aware of any noncompliance with the environmental management system or other incident connected with the environmental harm or likely environmental harm that happened; or Defences Division 15.4 (c) if the defendant was an employee or other person whose responsibilities did not extend to the management of the activity in relation to which the environmental harm or likely environmental harm happened— (i) whether the defendant had taken all reasonable steps to become familiar with this Act and any relevant environmental laws and standards relating to the prevention or minimisation of environmental harm or likely environmental harm; or (ii) whether the defendant had taken all reasonable steps to comply with those laws and standards; or (iii) whether the defendant had taken all reasonable steps to become familiar, and comply, with any environmental management system established by the corporation to the extent that the system is relevant to the defendant’s position; or (iv) the steps taken by the defendant to prevent or minimise environmental harm or likely environmental harm when the defendant became aware of any incident connected with the environmental harm or likely environmental harm that happened or the likelihood of any such incident.