sec.438Offences of causing material environmental harm

### sec.438 Offences of causing material environmental harm A person must not wilfully and unlawfully cause material environmental harm. Maximum penalty—4,500 penalty units or 2 years imprisonment. A person must not unlawfully cause material environmental harm. Maximum penalty—1,665 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) . See section 493A (When environmental harm or related acts are unlawful). s 438 amd 2008 No. 52 s 39 ; 2014 No. 59 s 83 (sec.438-ssec.1) A person must not wilfully and unlawfully cause material environmental harm. Maximum penalty—4,500 penalty units or 2 years imprisonment. (sec.438-ssec.2) A person must not unlawfully cause material environmental harm. Maximum penalty—1,665 penalty units. (sec.438-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) . See section 493A (When environmental harm or related acts are unlawful).