sec.319BProsecutions for contravention of general environmental duty

### sec.319B Prosecutions for contravention of general environmental duty This section applies if— a person engages in conduct that constitutes a relevant act mentioned in section 493A (1) (the relevant conduct ); and the person is charged with an offence in relation to the relevant conduct (the relevant offence ); and the person is intending to rely on the defence under section 493A (3) in relation to the relevant offence. In a proceeding for the relevant offence, the person may not be charged with an alternative offence against section 319 (2) in relation to the same, or substantially the same, conduct as the relevant conduct. Any information obtained from the person in relation to the defence under section 493A (3) in a proceeding for the relevant offence can not be used against the person in a proceeding for an offence against section 319 (2) that is constituted by the same, or substantially the same, conduct as the relevant conduct. s 319B ins 2024 No. 30 s 15 (sec.319B-ssec.1) This section applies if— a person engages in conduct that constitutes a relevant act mentioned in section 493A (1) (the relevant conduct ); and the person is charged with an offence in relation to the relevant conduct (the relevant offence ); and the person is intending to rely on the defence under section 493A (3) in relation to the relevant offence. (sec.319B-ssec.2) In a proceeding for the relevant offence, the person may not be charged with an alternative offence against section 319 (2) in relation to the same, or substantially the same, conduct as the relevant conduct. (sec.319B-ssec.3) Any information obtained from the person in relation to the defence under section 493A (3) in a proceeding for the relevant offence can not be used against the person in a proceeding for an offence against section 319 (2) that is constituted by the same, or substantially the same, conduct as the relevant conduct. - (a) a person engages in conduct that constitutes a relevant act mentioned in section 493A (1) (the relevant conduct ); and - (b) the person is charged with an offence in relation to the relevant conduct (the relevant offence ); and - (c) the person is intending to rely on the defence under section 493A (3) in relation to the relevant offence.