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Environment Protection Act 2019
263Liability of occupier
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263 Liability of occupier
(1) An occupier of land must take reasonable steps and exercise due
diligence, having regard to the nature and extent of the occupation,
to prevent a specified environmental offence occurring on the land.
(2) An occupier of land is taken to have committed a specified
environmental offence if:
(a) a person (the offender) commits a specified environmental
(b) the offence occurs wholly or partly on the land or part of the
land.
(3) It is a defence to a prosecution for an offence taken to have been
committed by subsection (2) if the defendant took reasonable steps
and exercised due diligence to prevent the commission of the
(5) This section does not affect the liability of the offender.
(6) This section applies whether or not the offender is prosecuted for,
or found guilty of, the specified environmental offence.