ENVIRONMENTAL OFFENCES AND PENALTIES ACT 1996

NORTHERN TERRITORY OF AUSTRALIA ENVIRONMENTAL OFFENCES AND PENALTIES ACT 1996 As in force at 1 February 2022 Table of provisions 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Reference to environmental offences .............................................. 1 4 Penalty for environmental offence level 1 ........................................ 1 5 Penalty for environmental offence level 2 ........................................ 2 6 Penalty for environmental offence level 3 ........................................ 2 7 Penalty for environmental offence level 4 ........................................ 2 8 Infringement offences ...................................................................... 2 9 Crown to be bound .......................................................................... 3 10 Regulations...................................................................................... 3 11 Validation provision relating to designations before Environmental Offences and Penalties Amendment Act (No. 2) 2010..................................................................................... 3 ENDNOTES -- 1 of 7 -- -- 2 of 7 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 1 February 2022 ____________________ ENVIRONMENTAL OFFENCES AND PENALTIES ACT 1996 An act to establish penalties for certain offences under prescribed Acts, and for related purposes 1 Short title This Act may be cited as the Environmental Offences and Penalties Act 1996. 2 Commencement This Act comes into operation on the date fixed by the Administrator by notice in the Gazette. 3 Reference to environmental offences (1) If, under an Act that is prescribed by regulation, an offence is designated: (a) an environmental offence level 1; or (b) an environmental offence level 2; or (c) an environmental offence level 3; or (d) an environmental offence level 4; an individual who, or a body corporate that, is found guilty of that offence is liable to the penalty prescribed under this Act for an environmental offence of that level. (2) For examples of the designation of offences as mentioned in subsection (1)(a) to (d), see section 58C of the Energy Pipelines Act 1981. 4 Penalty for environmental offence level 1 (1) An individual who is found guilty of an offence designated an environmental offence level 1 is punishable by a penalty of: (a) not less than 385 penalty units and not more than 3 850 penalty units; or -- 3 of 7 -- Environmental Offences and Penalties Act 1996 2 (b) imprisonment for not more than 5 years. (2) A body corporate that is found guilty of an offence designated an environmental offence level 1 is punishable by a penalty of not less than 1 924 penalty units and not more than 19 240 penalty units. 5 Penalty for environmental offence level 2 (1) An individual who is found guilty of an offence designated an environmental offence level 2 is punishable by a penalty of not less than 154 penalty units and not more than 1 540 penalty units. (2) A body corporate that is found guilty of an offence designated an environmental offence level 2 is punishable by a penalty of not less than 770 penalty units and not more than 7 700 penalty units. 6 Penalty for environmental offence level 3 (1) An individual who is found guilty of an offence designated an environmental offence level 3 is punishable by a penalty of not less than 77 penalty units and not more than 770 penalty units. (2) A body corporate that is found guilty of an offence designated an environmental offence level 3 is punishable by a penalty of not less than 385 penalty units and not more than 3 850 penalty units. 7 Penalty for environmental offence level 4 (1) An individual who is found guilty of an offence designated an environmental offence level 4 is punishable by a penalty of not more than 77 penalty units. (2) A body corporate that is found guilty of an offence designated an environmental offence level 4 is punishable by a penalty of not more than 385 penalty units. 8 Infringement offences Where an individual who, or a body corporate that, appears to have committed an environmental offence level 3 or an environmental offence level 4 is served with an infringement notice (however described), the sum the individual or body corporate may, as an alternative to prosecution, pay in lieu of the penalty prescribed under this Act is: (a) in the case of an environmental offence level 3: (i) where an individual is served with the infringement notice, 20 penalty units; or -- 4 of 7 -- Environmental Offences and Penalties Act 1996 3 (ii) where a corporation is served with the infringement notice, 100 penalty units; or (b) in the case of an environmental offence level 4: (i) where an individual is served with the infringement notice, 10 penalty unit; or (ii) where a corporation is served with the infringement notice, 50 penalty units. 9 Crown to be bound (1) Where the contravention of, or failure to comply with, a provision of an Act or an instrument of a legislative or administrative character is designated an environmental offence the provision binds the Crown. (2) In this section, Crown means not only the Crown in the right of the Territory but also, so far as the legislative power of the Legislative Assembly permits, the Crown in all its other capacities. 10 Regulations The Administrator may make regulations under this Act. 11 Validation provision relating to designations before Environmental Offences and Penalties Amendment Act (No. 2) 2010 (1) It is declared that an existing designation of an offence as an environmental offence at a particular level was validly made and continues to be validly made, as if the offence were so designated after the commencement. (2) In this section: commencement means the commencement of this section. existing designation, in relation to an offence, means a designation or purported designation of an offence as an environmental offence that was made in any way before the commencement, including a way mentioned in section 3. -- 5 of 7 -- ENDNOTES Environmental Offences and Penalties Act 1996 4 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Environmental Offences and Penalties Act 1996 (Act No. 60, 1996) Assent date 31 December 1996 Commenced 22 January 1997 (Gaz G7, 19 February 1997, p 2) Environmental Offences and Penalties Amendment Act 2010 (Act No. 28, 2010) Assent date 9 September 2010 Commenced 9 September 2010 Environmental Offences and Penalties Amendment Act (No. 2) 2010 (Act No. 44, 2010) Assent date 13 December 2010 Commenced 13 April 2011 (Gaz G15, 13 April 2011, p 11) Environment Legislation Amendment Act 2021 (Act No. 22, 2021) Assent date 18 November 2021 Commenced pt 7: 31 March 2022; rem: 1 February 2022 (Gaz G51, 22 December 2021, p 1) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1 and 3. 4 CORRECTED PROVISION Section 8 as amended by the Environmental Offences and Penalties Amendment Act 2010 (Act No. 28, 2010) was incorrectly revised in the reprint published on the legislation website as at the commencement of that amendment Act. This error was corrected in the reprints published on the website with the as in force dates of 9 September 2010 and 13 April 2011. -- 6 of 7 -- ENDNOTES Environmental Offences and Penalties Act 1996 5 5 LIST OF AMENDMENTS lt amd No. 44, 2010, s 4 s 3 amd No. 28, 2010, s 3; No. 44, 2010, s 5 s 4 amd No. 28, 2010, s 4 s 5 amd No. 28, 2010, s 5 s 6 amd No. 28, 2010, s 6 s 7 amd No. 28, 2010, s 7 s 8 amd No. 28, 2010, s 8; No. 22, 2021, s 18 s 10 amd No. 28, 2010, s 9 s 11 amd No. 44, 2010, s 6 -- 7 of 7 --