27Storage of records

#### 27 Storage of records (1) A titleholder commits an offence if the titleholder does not store the environment plan in force for an activity in a way that makes retrieval of the environment plan reasonably practicable. Penalty: 30 penalty units. (2) A titleholder commits an offence if the titleholder does not store a version of an environment plan for an activity that was previously in force in a way that makes retrieval of the version reasonably practicable. Penalty: 30 penalty units. (3) It is a defence to a prosecution for an offence against subregulation (2) if it is more than 5 years after the day when the version ceased to be in force (whether because the plan was revised, acceptance of the plan was withdrawn, or the operation of the plan ended). > Note: A defendant bears an evidential burden in relation to the matter in subregulation (3)—see subsection 13.3(3) of the Criminal Code. (4) A titleholder commits an offence if the titleholder: (a) creates a document or other record mentioned in subregulation (6); and (b) does not store the document or record in a way that makes retrieval of the document or record reasonably practicable. Penalty: 30 penalty units. (5) It is a defence to a prosecution for an offence against subregulation (4) if it is more than 5 years after the day that the document or record was created. > Note: A defendant bears an evidential burden in relation to the matter in subregulation (5)—see subsection 13.3(3) of the Criminal Code. (6) For subregulation (4), the documents or other records are the following: (a) written reports (including monitoring, audit and review reports) about environmental performance, or about the implementation strategy, under an environment plan; (b) records relating to environmental performance, or the implementation strategy, under an environment plan; (c) records of emissions and discharges into the environment made in accordance with an environment plan; (d) records of calibration and maintenance of monitoring devices used in accordance with an environment plan; (e) records and copies of reports mentioned in: (i) regulations 26, 26A and 26AA, relating to reportable incidents; and (ii) regulation 26B, relating to recordable incidents; and (iii) regulation 26C, relating to the titleholder’s environmental performance for an activity. (7) An offence against subregulation (1), (2) or (4) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code.