228Failure to notify notifiable incident – environmental offences

228 Failure to notify notifiable incident – environmental offences (a) a notifiable incident occurs in the course of carrying out an action or a mining activity; and (i) is an approval holder for the action; or (ii) is the mining operator for the mining activity; or (iii) is carrying out an environmental audit of a site at which the notifiable incident is occurring or has occurred; or (iv) is a qualified person preparing or reviewing information or a report in relation to the site under Part 13, Division 3A; and (c) the person intentionally fails to notify the CEO of the notifiable incident; and (d) the failure to notify the CEO of the notifiable incident contravenes section 225 and the person is reckless in relation to that circumstance. (a) a notifiable incident occurs in the course of carrying out an action or mining activity; and (i) is an approval holder for the action; or (ii) is the mining operator for the mining activity; or (iii) is carrying out an environmental audit of the site at which the notifiable incident is occurring or has occurred; or (iv) is an owner or occupier of the site at which the notifiable incident occurred; or (v) is a qualified person preparing or reviewing information in relation to the site under Part 13, Division 3A; and

Environment Protection Act 2019 211 (c) the person fails to notify the CEO of the notifiable incident; and (d) the failure to notify the CEO of the notifiable incident contravenes section 225. (3) Strict liability applies to subsection (1)(a) and (b).