8Operations must not continue if new or increased environmental risk identified

8 Operations must not continue if new or increased environmental risk identified

(1) A titleholder commits an offence if: (a) the titleholder undertakes an activity after the occurrence of: (i) any significant new environmental impact or risk arising from the activity; or (ii) any significant increase in an existing environmental impact or risk arising from the activity; and (b) the new impact or risk, or increase in the impact or risk, is not provided for in the environment plan in force for the activity.

Penalty: 80 penalty units.

(1A) An offence against subregulation (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(2) Subregulation (1) does not apply in relation to an activity if the titleholder submits a proposed revision of the environment plan in force for the activity in accordance with subregulation 17(6) and the Regulator has not refused to accept the revision.

Note 1: Under subregulation 17(6), the titleholder is required to submit a proposed revision of the environment plan before, or as soon as practicable after, the occurrence of a significant new, or significantly increased, environmental impact or risk.

Note 2: A defendant bears an evidential burden in relation to the matter in subregulation (2)—see subsection 13.3(3) of the Criminal Code.