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A company commits the offence of failing to pay an environmental penalty under section 15F(1) of the…

Under section 15F(2) of the Environment (Protection) Act, 1986, a company and persons directly in charge of and responsible for its business at the time are deemed guilty of…

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A company commits the offence of failing to pay an environmental penalty under section 15F(1) of the Environment (Protection) Act, 1986. A manager was directly in charge of and responsible to the company for its business at the time and establishes no statutory defence. Who is deemed guilty under section 15F(2) on these facts?

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Answer and explanation

Correct answer D

Under section 15F(2) of the Environment (Protection) Act, 1986, a company and persons directly in charge of and responsible for its business at the time are deemed guilty of the company's non-payment offence.

A responsible person can avoid punishment by proving lack of knowledge or all due diligence to prevent the offence. The manager establishes neither defence on these facts.

Option feedback

Option A

Section 15F(2) also deems the company guilty.

Option B

Section 15F(2) also covers a person who was directly in charge of and responsible for the company's business at the relevant time, subject to the proviso.

Option C

Directorship alone does not meet section 15F(2). Section 15F(3) separately requires proof of consent, connivance or neglect.

Option D

Section 15F(2) covers the company and the directly responsible manager on these facts.

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