Queensland Consolidated Acts

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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 435B

435B Registered operator responsible for ensuring conditions complied with

(1) Each registered operator must ensure everyone acting under the operator's registration certificate complies with—

(a) the development conditions of the development approval for the activity; or
(b) the standard environmental conditions of the code of environmental compliance for the activity.

(2) If a person acting under the registration certificate commits an offence against section 435 or 435A, the registered operator also commits an offence, namely, the offence of failing to ensure the person complies with the conditions.

Maximum penalty—the penalty under section 435(1) or (2) or section 435A(1) or (2) for the contravention of the conditions.

(3) Evidence that the person has been convicted of an offence against section 435 or 435A while acting under the registration certificate is evidence that the registered operator committed the offence of failing to ensure the person complies with the conditions.

(4) However, it is a defence for the registered operator to prove—

(a) the registered operator issued appropriate instructions and used all reasonable precautions to ensure compliance with the conditions; and
(b) the offence was committed without the operator's knowledge; and
(c) the operator could not by the exercise of reasonable diligence have stopped the commission of the offence.


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