sec.440Offence of causing environmental nuisance

### sec.440 Offence of causing environmental nuisance A person must not wilfully and unlawfully cause an environmental nuisance. Maximum penalty—1,665 penalty units. A person must not unlawfully cause an environmental nuisance. Maximum penalty—600 penalty units. This section does not apply to an environmental nuisance mentioned in schedule 1 , part 1 . 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 440 amd 2008 No. 52 s 40 ; 2014 No. 59 s 84 (sec.440-ssec.1) A person must not wilfully and unlawfully cause an environmental nuisance. Maximum penalty—1,665 penalty units. (sec.440-ssec.2) A person must not unlawfully cause an environmental nuisance. Maximum penalty—600 penalty units. (sec.440-ssec.3) This section does not apply to an environmental nuisance mentioned in schedule 1 , part 1 . (sec.440-ssec.4) 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).