sec.319CDuty to restore the environment

### sec.319C Duty to restore the environment This section applies to a person causing or permitting, or who caused or permitted, an incident involving contamination of the environment to happen that results in unlawful environmental harm. The person must, as soon as reasonably practicable after the incident happens, take measures, as far as reasonably practicable, to rehabilitate or restore the environment to its condition before the harm (the duty to restore the environment ). A person commits an offence if— the person contravenes the duty to restore the environment; and the contravention relates to harm that is serious or material environmental harm. Maximum penalty— if the offence is committed wilfully—4,500 penalty units or 2 years imprisonment; or otherwise—1,655 penalty units. In deciding the measures required to be taken under subsection (2) , regard must be had to, for example— the nature and extent of the environmental harm caused by the contamination; and the sensitivity of the receiving environment to remedial measures that might be taken in relation to the environmental harm; and the current state of technical knowledge for remedial measures that might be taken in relation to the environmental harm; and the likelihood of successful application of the different measures that might be taken in relation to the environmental harm; and the financial implications of the different measures that might be taken in relation to the environmental harm. s 319C ins 2024 No. 30 s 16 (sec.319C-ssec.1) This section applies to a person causing or permitting, or who caused or permitted, an incident involving contamination of the environment to happen that results in unlawful environmental harm. (sec.319C-ssec.2) The person must, as soon as reasonably practicable after the incident happens, take measures, as far as reasonably practicable, to rehabilitate or restore the environment to its condition before the harm (the duty to restore the environment ). (sec.319C-ssec.3) A person commits an offence if— the person contravenes the duty to restore the environment; and the contravention relates to harm that is serious or material environmental harm. Maximum penalty— if the offence is committed wilfully—4,500 penalty units or 2 years imprisonment; or otherwise—1,655 penalty units. (sec.319C-ssec.4) In deciding the measures required to be taken under subsection (2) , regard must be had to, for example— the nature and extent of the environmental harm caused by the contamination; and the sensitivity of the receiving environment to remedial measures that might be taken in relation to the environmental harm; and the current state of technical knowledge for remedial measures that might be taken in relation to the environmental harm; and the likelihood of successful application of the different measures that might be taken in relation to the environmental harm; and the financial implications of the different measures that might be taken in relation to the environmental harm. - (a) the person contravenes the duty to restore the environment; and - (b) the contravention relates to harm that is serious or material environmental harm. - (a) if the offence is committed wilfully—4,500 penalty units or 2 years imprisonment; or - (b) otherwise—1,655 penalty units. - (a) the nature and extent of the environmental harm caused by the contamination; and - (b) the sensitivity of the receiving environment to remedial measures that might be taken in relation to the environmental harm; and - (c) the current state of technical knowledge for remedial measures that might be taken in relation to the environmental harm; and - (d) the likelihood of successful application of the different measures that might be taken in relation to the environmental harm; and - (e) the financial implications of the different measures that might be taken in relation to the environmental harm.