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E-book Environment in the Courtroom Vol. 2
here are also a set of statutory offence provisions that proscribe speci-fied conduct. These offences can be prosecuted in the courts, and guilty de-fendants can be penalized by fines, prescribed conduct (such as soil or water remediation), and even imprisoned.Such offences are not pure criminal offences that require proof of intent. Rather, they are regulatory offences that require only proof of proscribed con-duct and normally include a “due diligence” defence—proof that an accused took reasonable care to prevent the damage in question. Environmental statutes also include rights of appeal. Decisions and or-ders by officials can be challenged in appeals to specialized appeal tribunals (such as environmental appeals boards) or directly to courts. Appeal tribunal decisions may be subject to judicial review by courts concerning procedural fairness and reasonableness of decisions.
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