sec.369BDefences for particular proceedings

### sec.369B Defences for particular proceedings This section applies in relation to an environmental enforcement order issued under section 362 (2) (a) . In a proceeding for an offence against section 369A (1) or (2) , it is a defence for the recipient of the environmental enforcement order to show— that the recipient is not a prescribed person for the contamination incident; or that— the contamination incident was caused by a natural disaster; and the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the probability of the natural disaster; or that— the contamination incident was caused by a terrorist act or other deliberate act of sabotage by someone other than the recipient; and the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the nature of the recipient’s connection with the incident; or if the recipient is a prescribed person mentioned in section 361 (d) (i) , that the person took all reasonable steps to ensure the first corporation complied with the notice served on the first corporation; or if the recipient is a prescribed person mentioned in section 361 (d) (ii) , that— the person took all reasonable steps to ensure the first corporation complied with the notice served on the first corporation; or the person was not in a position to influence the conduct of the first corporation in relation to its compliance with the notice served on the first corporation. In this section— first corporation see section 361 (d) . s 369B prev s 369B ins 2001 No. 86 s 7 amd 2002 No. 45 s 3 (2) sch om 2011 No. 31 s 305 pres s 369B ins 2024 No. 30 s 28 (sec.369B-ssec.1) This section applies in relation to an environmental enforcement order issued under section 362 (2) (a) . (sec.369B-ssec.2) In a proceeding for an offence against section 369A (1) or (2) , it is a defence for the recipient of the environmental enforcement order to show— that the recipient is not a prescribed person for the contamination incident; or that— the contamination incident was caused by a natural disaster; and the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the probability of the natural disaster; or that— the contamination incident was caused by a terrorist act or other deliberate act of sabotage by someone other than the recipient; and the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the nature of the recipient’s connection with the incident; or if the recipient is a prescribed person mentioned in section 361 (d) (i) , that the person took all reasonable steps to ensure the first corporation complied with the notice served on the first corporation; or if the recipient is a prescribed person mentioned in section 361 (d) (ii) , that— the person took all reasonable steps to ensure the first corporation complied with the notice served on the first corporation; or the person was not in a position to influence the conduct of the first corporation in relation to its compliance with the notice served on the first corporation. (sec.369B-ssec.3) In this section— first corporation see section 361 (d) . - (a) that the recipient is not a prescribed person for the contamination incident; or - (b) that— (i) the contamination incident was caused by a natural disaster; and (ii) the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the probability of the natural disaster; or - (i) the contamination incident was caused by a natural disaster; and - (ii) the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the probability of the natural disaster; or - (c) that— (i) the contamination incident was caused by a terrorist act or other deliberate act of sabotage by someone other than the recipient; and (ii) the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the nature of the recipient’s connection with the incident; or - (i) the contamination incident was caused by a terrorist act or other deliberate act of sabotage by someone other than the recipient; and - (ii) the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the nature of the recipient’s connection with the incident; or - (d) if the recipient is a prescribed person mentioned in section 361 (d) (i) , that the person took all reasonable steps to ensure the first corporation complied with the notice served on the first corporation; or - (e) if the recipient is a prescribed person mentioned in section 361 (d) (ii) , that— (i) the person took all reasonable steps to ensure the first corporation complied with the notice served on the first corporation; or (ii) the person was not in a position to influence the conduct of the first corporation in relation to its compliance with the notice served on the first corporation. - (i) the person took all reasonable steps to ensure the first corporation complied with the notice served on the first corporation; or - (ii) the person was not in a position to influence the conduct of the first corporation in relation to its compliance with the notice served on the first corporation. - (i) the contamination incident was caused by a natural disaster; and - (ii) the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the probability of the natural disaster; or - (i) the contamination incident was caused by a terrorist act or other deliberate act of sabotage by someone other than the recipient; and - (ii) the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the nature of the recipient’s connection with the incident; or - (i) the person took all reasonable steps to ensure the first corporation complied with the notice served on the first corporation; or - (ii) the person was not in a position to influence the conduct of the first corporation in relation to its compliance with the notice served on the first corporation.