Environment Protection Act 2017
314Civil penalty provision
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314 Civil penalty provision
(1) A provision of this Act that is set out in the table to subsection (3) is a civil penalty provision.
(2) Subject to this Part, the Authority may (in addition or as an alternative to, a criminal proceeding or an order under Division 2 of Part 11.6) apply to a Court for a civil penalty order in relation to a contravention of a civil penalty provision set out in column 2 of an item of the table to subsection (3).
(3) The Court may only make a civil penalty order or an order under Division 2 of Part 11.6 in relation to a person's contravention of a civil penalty provision referred to in item 1 or 3 of the table if the person—
(a) contravenes that civil penalty provision in the course of conducting a business or an undertaking; or
(b) is an officer of a body corporate who contravenes that civil penalty provision in the course of conducting a business or an undertaking and the person contravenes the civil penalty provision as a result of Part 11.8.
| Item | Civil penalty provision | Maximum penalty for contravention by a natural person | Maximum penalty for contravention by a body corporate |
|---|---|---|---|
| 1. | Section 25(1) (Breach of general environmental duty) | 2000 penalty units | 10 000 penalty units |
| 2. | Section 28(1) (Breach of duty not to engage in conduct that results in material harm) | 2000 penalty units | 10 000 penalty units |
| 3. | Section 32(2) (Failure to notify Authority of notifiable incident) | 240 penalty units | 1200 penalty units |
| 4. | Section 40(1) (Failure of person in management or control to notify the Authority of notifiable contamination) | 120 penalty units | 600 penalty units |
| 5. | Section 44(1) (Engaging in a specified activity without a development licence) | 2000 penalty units | 10 000 penalty units |
| 6. | Section 45(1) (Engaging in a prescribed operating activity without an operating licence) | 2000 penalty units | 10 000 penalty units |
| 7. | Section 46(1) (Engaging in a prescribed permit activity without a permit) |