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Appendix D: Offences

Offences for which both the infringement offence procedure and prosecution are available are identified in bold type.

Offences for which the infringement offence procedure is not available and for which prosecution only is available are identified in bold and italic type.

338. Offences against this Act—

(1) Every person commits an offence against this Act who contravenes, or permits a contravention of, any of the following:

(a) Sections 9, 11, 12, 13, 14, and 15 (which impose duties and restrictions in relation to land, subdivision, the coastal marine area, the beds of certain rivers and lakes, water, discharges of contaminants):

(b) Any enforcement order:

(c) Any abatement notice, other than a notice under section 322(1)(c):

(d) Any water shortage direction under section 329.

(1A) Every person commits an offence against this Act who contravenes or permits a contravention of section 15A or section 15C (which impose restrictions in relation to waste or other matter).

(1B) Where any harmful substance or contaminant or water is discharged in the coastal marine area in breach of section 15B, the following persons each commit an offence:

(a) If the discharge is from a ship, the master and the owner of the ship:

(b) If the discharge is from an offshore installation, the owner of the installation.

Maximum penalty for prosecution is 2 years imprisonment, $200,000 and $10,000 per day for a continuing offence

(2) Every person commits an offence against this Act who contravenes, or permits a contravention of, any of the following:

(a) Section 22, which relates to failure to provide certain information to an enforcement officer:

(b) Section 42, which relates to the protection of sensitive information:

(c) Any excessive noise direction under section 327:

(d) Any abatement notice for reasonable noise under section 322(1)(c):

(e) Any order (other than an enforcement order) made by the Environment Court.

Maximum penalty for prosecution is fine of $10,000 and $1,000 per day for a continuing offence

(3) Every person commits an offence against this Act who—

(a) Wilfully obstructs, hinders, resists, or deceives any person in the execution of any powers conferred on that person by or under this Act:

(b) Contravenes, or permits a contravention of, any of the following:

(i) Section 283, which relates to non-attendance or refusal to co-operate with the Environment Court:

(ii) Any summons or order to give evidence issued or made pursuant to section 41.

(c) Contravenes, or permits a contravention of, any provision (as provided in the Tenth Schedule) specified in an instrument for the creation of an esplanade strip or in an easement for an access strip, or enters a strip which is closed under section 237C.

Maximum penalty for prosecution is fine of $1,500