Section 496D — Environment Protection and Biodiversity Conservation Act 1999: Did a landholder take reasonable steps to prevent a contravention?

(1) For the purposes of sections 496B and 496C, in determining whether a landholder failed to take all reasonable steps to prevent the contravention, a court is to have regard to: (a) what action (if any) the landholder took directed towards ensuring that the actor had an appropriate system established for managing the effects of the actor’s activities on the environment; and (b) what action (if any) the landholder took upon becoming aware that there was a substantial risk that the actor was contravening provisions of this Act referred to in subsection 496B(1) or 496C(1), as the case requires. (2) This section does not, by implication, limit the generality of sections 496B and 496C.