Queensland Numbered Acts

ENVIRONMENTAL PROTECTION (POWERS AND PENALTIES) AND OTHER LEGISLATION AMENDMENT ACT 2024 - SECT 15

15 Insertion of new s 319B

After section 319A —
insert—

319B Prosecutions for contravention of general environmental duty

(1) This section applies if—

(a) a person engages in conduct that constitutes a relevant act mentioned in section 493A(1) (the
"relevant conduct" ); and

(b) the person is charged with an offence in relation to the relevant conduct (the
"relevant offence" ); and

(c) the person is intending to rely on the defence under section 493A(3) in relation to the relevant offence.

(2) In a proceeding for the relevant offence, the person may not be charged with an alternative offence against section 319(2) in relation to the same, or substantially the same, conduct as the relevant conduct.

(3) Any information obtained from the person in relation to the defence under section 493A(3) in a proceeding for the relevant offence can not be used against the person in a proceeding for an offence against section 319(2) that is constituted by the same, or substantially the same, conduct as the relevant conduct.