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Legislative Assembly for the ACT: 1997 Week 12 Hansard (13 November) . . Page.. 4197 ..

MR HUMPHRIES (continuing):

Page 77, line 16, clause 143, subclause (2), omit the subclause, substitute the following subclause:

`(2) Without limiting the generality of subsection (1), in determining whether the defendant exercised due diligence, the court may have regard to -

(a) where the defendant is a body corporate, the steps taken by it -

(i) to ensure that persons employed or engaged by it were aware of the requirements of this Act and any relevant environmental laws and standards relating to the prevention or minimisation of environmental harm;

(ii) to ensure compliance with those laws and standards by those persons; or

(iii) to establish an environmental management system and to ensure implementation and compliance with it;

(b) where the defendant was the director of a body corporate or other person responsible for the management of the activity in connection with which the environmental harm occurred -

(i) whether the defendant was personally familiar with the requirements of this Act and any relevant environmental laws and standards relating to the prevention or minimisation of environmental harm;

(ii) whether the defendant had taken all reasonable steps to comply with those laws and standards;

(iii) the steps taken by the defendant to ensure other persons for whom it was relevant were familiar with this Act and any relevant laws and standards, and compliance with those laws and standards by those persons;

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