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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 496

Did an executive officer take reasonable steps to prevent contravention?

  (1)   For the purposes of sections   494 and 495, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent the contravention, a court is to have regard to:

  (a)   what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):

  (i)   that the body arranges regular professional assessments of the body's compliance with this Act and the regulations;

  (ii)   that the body implements any appropriate recommendations arising from such an assessment;

  (iii)   that the body has an appropriate system established for managing the effects of the body's activities on the environment;

  (iv)   that the body's employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with this Act and the regulations, in so far as those requirements affect the employees, agents or contractors concerned; and

  (b)   what action (if any) the officer took when he or she became aware that the body was contravening:

  (i)   this Act; or

  (ii)   the regulations; or

  (iii)   if the body contravened Part   3 or section   142 or 142A--any action management plan that was prepared by the body, and approved by the Minister, as required by a condition attached to an approval under Part   9 for the purposes of a provision of Part   3 of the body's taking of an action.

  (2)   This section does not, by implication, limit the generality of sections   494 and 495.


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