ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 496 Did an executive officer take reasonable steps to prevent

Commonwealth Numbered Acts

Did an executive officer take reasonable steps to prevent contravention?

(1): For the purposes of sections 494 and 495, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent the contravention, a court is to have regard to:

(a): what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):

(i): that the body arranges regular professional assessments of the body's compliance with this Act and the regulations;
(ii): that the body implements any appropriate recommendations arising from such an assessment;
(iii): that the body has an appropriate system established for managing the effects of the body's activities on the environment;
(iv): that the body's employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with this Act and the regulations, in so far as those requirements affect the employees, agents or contractors concerned; and

(b): what action (if any) the officer took when he or she became aware that the body was contravening:

(i): this Act; or
(ii): the regulations; or
(iii): if the body contravened Part 3 or section 142 or 142A—any environmental management plan that was prepared by the body, and approved by the Minister, as required by a condition attached to an approval under Part 9 for the purposes of a provision of Part 3 of the body's taking of an action.

(2): This section does not, by implication, limit the generality of sections 494 and 495.

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