ENVIRONMENT PROTECTION ACT 1997 - SECT 154 Defence of emergency
ENVIRONMENT PROTECTION ACT 1997 - SECT 154
Defence of emergency(1) Subject to subsection (2), it is a defence to a prosecution for an offence against section 45, section 137, section 138, section 139, section 141 or section 142, or an offence against a regulation that is prescribed for this section, that—
(a) the act or omission alleged to constitute the offence or an element of the offence was necessary to protect life, the environment or property in an emergency situation; and
(b) the defendant took all reasonable and practicable measures to prevent or deal with the emergency.
(2) Subsection (1) does not apply in relation to a prosecution for an offence against section 137 (1), section 138 (1) or section 139 (1) for recklessly polluting the environment causing environmental harm or likely environmental harm.
(3) A reference in subsection (1) to an act or omission alleged to constitute an offence or an element of an offence is, in relation to an offence against section 147 (1), a reference to the act or omission alleged to constitute the offence or an element of the offence committed by the corporation.