QLDIn ForceAct
Environmental Protection Act 1994
sec.435AOffence to contravene prescribed conditions for particular activities
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### sec.435A Offence to contravene prescribed conditions for particular activities
This section applies if—
a person is carrying out a small scale mining activity; and
prescribed conditions are in effect for the carrying out of the activity.
The person must not wilfully contravene the prescribed conditions.
Maximum penalty—6,250 penalty units or 5 years imprisonment.
The person must not contravene the prescribed conditions.
Maximum penalty—4,500 penalty units.
In a proceeding for an offence against subsection (2) , 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 (3) , the court may find the defendant guilty of the offence against subsection (3) .
s 435A ins 2003 No. 95 s 29
sub 2012 No. 16 s 35 (amd 2013 No. 10 s 14 )
amd 2014 No. 59 s 81
(sec.435A-ssec.1) This section applies if— a person is carrying out a small scale mining activity; and prescribed conditions are in effect for the carrying out of the activity.
(sec.435A-ssec.2) The person must not wilfully contravene the prescribed conditions. Maximum penalty—6,250 penalty units or 5 years imprisonment.
(sec.435A-ssec.3) The person must not contravene the prescribed conditions. Maximum penalty—4,500 penalty units.
(sec.435A-ssec.4) In a proceeding for an offence against subsection (2) , 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 (3) , the court may find the defendant guilty of the offence against subsection (3) .
- (a) a person is carrying out a small scale mining activity; and
- (b) prescribed conditions are in effect for the carrying out of the activity.