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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 431C
Holder of PRCP schedule responsible for ensuring conditions of PRCP schedule complied with
431C Holder of PRCP schedule responsible for ensuring conditions of PRCP
schedule complied with
(1) The holder of a PRCP schedule must ensure everyone acting under the
schedule complies with the conditions of the schedule.
(2) If another person
acting under the schedule commits an offence against section 431B , the holder
also commits an offence, namely, the offence of failing to ensure the other
person complies with the conditions. Penalty— Maximum penalty—the
penalty under section 431B (2) or (3) for the contravention of the conditions.
(3) Evidence that the other person has been convicted of an offence against
section 431B (2) or (3) while acting under the schedule is evidence that the
holder committed the offence of failing to ensure the other person complies
with the conditions of the schedule.
(4) However, it is a defence for the
holder to prove— (a) the holder issued appropriate instructions and used all
reasonable precautions to ensure compliance with the conditions of the
schedule; and
(b) the offence was committed without the holder’s knowledge;
and
(c) the holder could not by the exercise of reasonable diligence have
stopped the commission of the offence.
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