Document ID: chunk:federal_register_of_legislation:C2012A00090:clause:2_13bj
Version: federal_register_of_legislation:C2012A00090
Segment Type: clause
Provision Reference: sch 2 cl 13BJ
Character Range: 66290–67930

13BJ  Non‑compliance with conditions
 (1) An operator contravenes this subsection if:
 (a) the operator holds an environmental protection approval in relation to an activity; and
 (b) a person carries on the activity; and
 (c) the conditions imposed on the approval are not complied with.
 (2) Subsection (1) does not apply if:
 (a) the activity is carried on in an emergency:
 (i) to save a person from death or serious injury; or
 (ii) to secure the safety of a ship or aircraft, or the safety of equipment or facilities of high value; or
 (iii) to protect the environment; or
 (b) the operator is authorised to carry on the activity under a law of a Contracting Party; or
 (c) the activity is carried on in compliance with a direction given to the operator under subsection 13CD(1).

Offence
 (3) An operator commits an offence if the operator contravenes subsection (1). The physical elements of the offence are set out in that subsection.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code.

Civil penalty provision
 (4) An operator is liable to a civil penalty if the operator contravenes subsection (1).
Civil penalty: 500 penalty units.
Note: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 22N).
 (5) An operator who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in that subsection.