sec.369AOffence not to comply with environmental enforcement order

### sec.369A Offence not to comply with environmental enforcement order The recipient of an environmental enforcement order must not wilfully contravene a requirement of the order unless the person has a reasonable excuse. Maximum penalty— if the order was issued on a prescribed ground or under section 362 (2) (a) —6,250 penalty units or 5 years imprisonment; or otherwise—1,655 penalty units. The recipient of an environmental enforcement order must not contravene a requirement of the order unless the person has a reasonable excuse. Maximum penalty— if the order was issued on a prescribed ground or under section 362 (2) (a) —4,500 penalty units; or otherwise—600 penalty units. In a proceeding for an offence against subsection (1) , if the court is not satisfied the defendant is guilty of the offence charged but is satisfied the defendant is guilty of an offence against subsection (2) , the court may find the defendant guilty of the offence against subsection (2) . In this section— prescribed ground means— an enforcement ground mentioned in section 359 (c) or (d) involving serious or material environmental harm; or an enforcement ground mentioned in section 359 (e) (ii) , (iii) , (iv) , (v) , (vi) , (xii) or (xiii) or (f)(i). s 369A prev s 369A ins 2001 No. 86 s 7 amd 2002 No. 45 s 3 (2) sch om 2011 No. 31 s 305 pres s 369A ins 2024 No. 30 s 28 (sec.369A-ssec.1) The recipient of an environmental enforcement order must not wilfully contravene a requirement of the order unless the person has a reasonable excuse. Maximum penalty— if the order was issued on a prescribed ground or under section 362 (2) (a) —6,250 penalty units or 5 years imprisonment; or otherwise—1,655 penalty units. (sec.369A-ssec.2) The recipient of an environmental enforcement order must not contravene a requirement of the order unless the person has a reasonable excuse. Maximum penalty— if the order was issued on a prescribed ground or under section 362 (2) (a) —4,500 penalty units; or otherwise—600 penalty units. (sec.369A-ssec.3) In a proceeding for an offence against subsection (1) , if the court is not satisfied the defendant is guilty of the offence charged but is satisfied the defendant is guilty of an offence against subsection (2) , the court may find the defendant guilty of the offence against subsection (2) . (sec.369A-ssec.4) In this section— prescribed ground means— an enforcement ground mentioned in section 359 (c) or (d) involving serious or material environmental harm; or an enforcement ground mentioned in section 359 (e) (ii) , (iii) , (iv) , (v) , (vi) , (xii) or (xiii) or (f)(i). - (a) if the order was issued on a prescribed ground or under section 362 (2) (a) —6,250 penalty units or 5 years imprisonment; or - (b) otherwise—1,655 penalty units. - (a) if the order was issued on a prescribed ground or under section 362 (2) (a) —4,500 penalty units; or - (b) otherwise—600 penalty units. - (a) an enforcement ground mentioned in section 359 (c) or (d) involving serious or material environmental harm; or - (b) an enforcement ground mentioned in section 359 (e) (ii) , (iii) , (iv) , (v) , (vi) , (xii) or (xiii) or (f)(i).