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Contents (1997 - 156)
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Protection of the Environment Operations Act 1997 No 156
Current version for 20 December 2019 to date (accessed 23 February 2020 at 21:29)
Chapter 3 Part 3.4
Part 3.4 Licence conditions
63   Conditions
(1)  A licence may be issued subject to conditions or unconditionally.
 Section 58 deals with the variation of a licence so as to attach, substitute, omit or amend conditions.
(2)  A condition cannot be attached to a licence if compliance with the condition would result in a breach of a requirement made by or under this Act.
(3)  If the holder of a licence cannot meet any requirement made by or under this Act without contravening a condition of the licence, the holder is, by meeting the requirement, taken to comply with the condition.
64   Failure to comply with condition
(1) Offence If any condition of a licence is contravened by any person, each holder of the licence is guilty of an offence.
Maximum penalty—
(a)  in the case of a corporation—$1,000,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues, or
(b)  in the case of an individual—$250,000 and, in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues.
 An offence against subsection (1) committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169.
(2) Defence The holder of a licence is not guilty of an offence against this section if the holder establishes that—
(a)  the contravention of the condition was caused by another person, and
(b)  that other person was not associated with the holder at the time the condition was contravened, and
(c)  the holder took all reasonable steps to prevent the contravention of the condition.
A person is associated with the holder for the purposes of paragraph (b) (but without limiting any other circumstances of association) if the person is an employee, agent, licensee, contractor or sub-contractor of the holder.
(3) Application This section extends to conditions to which the suspension, revocation or surrender of a licence is subject under section 81. For that purpose, a reference to the holder of the licence includes a reference to the former holder of the licence.