Section 496 — Environment Protection and Biodiversity Conservation Act 1999: 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 action 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.