Australian Capital Territory Consolidated Acts

ENVIRONMENT PROTECTION ACT 1997 - SECT 10

    (1)     Except as expressly provided by this Act, a government entity is not immune from criminal liability under this Act in relation to an authorised act or omission of the entity.

    (2)     Subsection (1) does not apply in relation to a prosecution for—

        (a)     an offence against any of the following provisions:

              •     section 45 (Compliance with an authorisation)

              •     section 137 (3) (which is about polluting the environment causing serious environmental harm)

              •     section 138 (3) (which is about polluting the environment causing material environmental harm)

              •     section 139 (3) (which is about polluting the environment causing environmental harm)

              •     section 141 (Causing an environmental nuisance)

              •     section 142 (Placing a pollutant where it could cause harm); or

        (b)     an offence against a regulation that is prescribed for this section.

    (3)     This section has effect despite the Legislation Act , section 121 (4).

Note     Section 121 (4) extends the effect of the immunity that a government has from an Act to government entities.

    (4)     A word or expression defined in the Legislation Act , section 121 has the same meaning in this section.