Environmental Protection and Management Act 1999 · 2020 Revised Edition · Part 9A · Pollution Control Requirements for Controlled Works
33H. Offence to deviate from plans certified in clearance certificate
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A person who, in carrying out any controlled works deviates, or permits or authorises the controlled works to deviate, in any material way from any plans of the controlled works for which a clearance certificate has been issued shall be guilty of an offence and shall be liable —
on the first conviction to a fine not exceeding $20,000; and
on a second or subsequent conviction to a fine not exceeding $50,000.
In proceedings for an offence under subsection (1) —
it is not necessary for the prosecution to prove that the accused knew that the controlled works deviate in any material way from the plans as so certified; but(b)it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused did not know and could not reasonably have known of the plans.