1Environmental Offences and Penalties Act 1996

NORTHERN TERRITORY OF AUSTRALIA ENVIRONMENTAL OFFENCES AND PENALTIES ACT 1996 As in force at 1 February 2022 Table of provisions 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Reference to environmental offences .............................................. 1 4 Penalty for environmental offence level 1 ........................................ 1 5 Penalty for environmental offence level 2 ........................................ 2 6 Penalty for environmental offence level 3 ........................................ 2 7 Penalty for environmental offence level 4 ........................................ 2 8 Infringement offences ...................................................................... 2 9 Crown to be bound .......................................................................... 3 10 Regulations...................................................................................... 3 11 Validation provision relating to designations before Environmental Offences and Penalties Amendment Act (No. 2) 2010..................................................................................... 3 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

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As in force at 1 February 2022

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ENVIRONMENTAL OFFENCES AND PENALTIES ACT 1996 An act to establish penalties for certain offences under prescribed Acts, and for related purposes 1 Short title This Act may be cited as the Environmental Offences and Penalties Act 1996. 2 Commencement This Act comes into operation on the date fixed by the Administrator by notice in the Gazette. 3 Reference to environmental offences (1) If, under an Act that is prescribed by regulation, an offence is designated: (a) an environmental offence level 1; or (b) an environmental offence level 2; or (c) an environmental offence level 3; or (d) an environmental offence level 4; an individual who, or a body corporate that, is found guilty of that offence is liable to the penalty prescribed under this Act for an environmental offence of that level. (2) For examples of the designation of offences as mentioned in subsection (1)(a) to (d), see section 58C of the Energy Pipelines Act 1981. 4 Penalty for environmental offence level 1 (1) An individual who is found guilty of an offence designated an environmental offence level 1 is punishable by a penalty of: (a) not less than 385 penalty units and not more than 3 850 penalty units; or

Environmental Offences and Penalties Act 1996 2 (b) imprisonment for not more than 5 years. (2) A body corporate that is found guilty of an offence designated an environmental offence level 1 is punishable by a penalty of not less than 1 924 penalty units and not more than 19 240 penalty units. 5 Penalty for environmental offence level 2 (1) An individual who is found guilty of an offence designated an environmental offence level 2 is punishable by a penalty of not less than 154 penalty units and not more than 1 540 penalty units. (2) A body corporate that is found guilty of an offence designated an environmental offence level 2 is punishable by a penalty of not less than 770 penalty units and not more than 7 700 penalty units. 6 Penalty for environmental offence level 3 (1) An individual who is found guilty of an offence designated an environmental offence level 3 is punishable by a penalty of not less than 77 penalty units and not more than 770 penalty units. (2) A body corporate that is found guilty of an offence designated an environmental offence level 3 is punishable by a penalty of not less than 385 penalty units and not more than 3 850 penalty units. 7 Penalty for environmental offence level 4 (1) An individual who is found guilty of an offence designated an environmental offence level 4 is punishable by a penalty of not more than 77 penalty units. (2) A body corporate that is found guilty of an offence designated an environmental offence level 4 is punishable by a penalty of not more than 385 penalty units. 8 Infringement offences Where an individual who, or a body corporate that, appears to have committed an environmental offence level 3 or an environmental offence level 4 is served with an infringement notice (however described), the sum the individual or body corporate may, as an alternative to prosecution, pay in lieu of the penalty prescribed under this Act is: (a) in the case of an environmental offence level 3: (i) where an individual is served with the infringement notice, 20 penalty units; or