VICIn ForceAct
Environment Protection Act 2017
27Aggravated breach of the general environmental duty
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27 Aggravated breach of the general environmental duty
(1) A person commits an offence if—
(a) the person intentionally or recklessly contravenes the general environmental duty; and
(b) the contravention results in material harm or is likely to result in material harm to human health or the environment from pollution or waste; and
(c) the person knew or reasonably should have known that the contravention would result in material harm or would be likely to result in material harm to human health or the environment from pollution or waste.
Penalty: In the case of a natural person, 4000 penalty units or 5 years imprisonment or both;
In the case of a body corporate, 20 000 penalty units.
Pt 3.3 (Heading and s. 28) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26), repealed by No. 51/2017 s. 28(7).
Pt 3.4 (Heading and ss 29–34) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 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 12−30, 3/2020 ss 42–44, 47/2020 s. 26).