116Leaks, spillages and other escapes

116 Leaks, spillages and other escapes

116 Leaks, spillages and other escapes

(1) If a person wilfully or negligently causes any substance to leak, spill or otherwise escape (whether or not from a container) in a manner that harms or is likely to harm the environment—

(a) the person, and

(b) if the person is not the owner of the substance, the owner,

are each guilty of an offence.

(2) If—

(a) the person in possession of the substance at the time of the leak, spill or other escape, or

(b) the owner of any container from which the substance leaked, spilled or escaped, or

(c) the owner of the land on which the substance or any such container was located at the time of the leak, spill or other escape, or

(d) the occupier of the land on which the substance or any such container was located at the time of the leak, spill or other escape,

wilfully or negligently, in a material respect, caused or contributed to the conditions that gave rise to the commission of the offence under subsection (1), that person, owner or occupier is guilty of an offence.

(3) A person may be proceeded against and convicted of an offence under subsection (2) whether or not a person has been proceeded against or convicted of an offence under subsection (1) in respect of the leak, spill or other escape.

(4) It is a defence in any proceedings against a person for an offence under this section if the person establishes that the leak, spill or other escape was caused with lawful authority.

(5) In this section—

container includes anything used for the purpose of storing, transporting or handling the substance concerned.

owner of a substance includes, in relation to a substance that has leaked, spilled or otherwise escaped, the person who was the owner of the substance immediately before it leaked, spilled or otherwise escaped.

Note.

An offence against subsection (1) or (2) committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169.

s 116: Am 2012 No 97, Sch 1.34 [13].