Environmental Protection and Management Act · s 30

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30.
Offences by bodies corporate etc.
(1) Where an offence against this Act or any regulations made thereunder committed by a body corporate is proved —
(a) to have been committed with the consent or connivance of an officer; or
(b) to be attributable to any act or default on his part, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were director of the body corporate.

Environmental Protection and Management
(3) Where an offence against this Act or any regulations made thereunder committed by a partnership is proved —
(a) to have been committed with the consent or connivance of a partner; or
(b) to be attributable to any act or default on his part, the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
(4) Where an offence against this Act committed by a limited liability partnership is proved to have been committed with the consent or connivance of, or to be attributable to any act or default on the part of, a partner or manager of the limited liability partnership, the partner or manager, as the case may be as well as the partnership is guilty of that offence and liable to be proceeded against and punished accordingly.
(5) Where an offence against this Act committed by an unincorporated association (other than a partnership) is proved —
(a) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
(b) to be attributable to any act or default on the part of such an officer or a member, the officer or member as well as the unincorporated association is guilty of the offence and liable to be proceeded against and punished accordingly.
(6) In this section —
(a) “body corporate” and “partnership” exclude a limited liability partnership within the meaning of the Limited Liability Partnerships
Order, 2010 (S 117/2010);
(b) “officer” —
(i) in relation to a body corporate, means any director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or

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(ii) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of the committee and includes any person purporting to act in any such capacity;
(c) “partner” includes a person purporting to act as a partner.
(7) Regulations may provide for the application of any provision of this section, with such modifications as the Authority considers appropriate, to any body corporate, limited liability partnership or unincorporated association formed or recognised under the written law of a country or territory outside Brunei Darussalam.

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s 30Offences by bodies corporate etc.

(1)

Where an offence against this Act or any regulations made thereunder committed by a body corporate is proved —

(a)

to have been committed with the consent or connivance of an officer; or

(b)

to be attributable to any act or default on his part, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2)

Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were director of the body corporate.

Environmental Protection and Management

(3)

Where an offence against this Act or any regulations made thereunder committed by a partnership is proved —

(a)

to have been committed with the consent or connivance of a partner; or

(b)

to be attributable to any act or default on his part, the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

(4)

Where an offence against this Act committed by a limited liability partnership is proved to have been committed with the consent or connivance of, or to be attributable to any act or default on the part of, a partner or manager of the limited liability partnership, the partner or manager, as the case may be as well as the partnership is guilty of that offence and liable to be proceeded against and punished accordingly.

(5)

Where an offence against this Act committed by an unincorporated association (other than a partnership) is proved —

(a)

to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or

(b)

to be attributable to any act or default on the part of such an officer or a member, the officer or member as well as the unincorporated association is guilty of the offence and liable to be proceeded against and punished accordingly.

(6)

In this section —

(a)

“body corporate” and “partnership” exclude a limited liability partnership within the meaning of the Limited Liability Partnerships

Order, 2010 (S 117/2010);

(b)

“officer” —

(i)

in relation to a body corporate, means any director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or

Environmental Protection and Management 24

(ii)

in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of the committee and includes any person purporting to act in any such capacity;

(c)

“partner” includes a person purporting to act as a partner.

(7)

Regulations may provide for the application of any provision of this section, with such modifications as the Authority considers appropriate, to any body corporate, limited liability partnership or unincorporated association formed or recognised under the written law of a country or territory outside Brunei Darussalam.