NTIn ForceAct
Environment Protection Act 2019
264ALiability of title holder or mining operator of mining site
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264A Liability of title holder or mining operator of mining site
(1) A title holder or mining operator of a mining site must take
reasonable steps and exercise due diligence to prevent a specified
environmental offence occurring on the mining site.
(2) A title holder or mining operator of a mining site 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 mining site or part of
the mining site.
(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.