PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 256
Onus of proof of certain matters
PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 256
Onus of proof of certain matters
256 Onus of proof of certain matters
(1) In any proceedings under this Act, the onus of proving that a person had a
reasonable excuse or lawful excuse (as referred to in any provision of this
Act or the regulations) lies with the defendant.
(2) In any proceedings for
an offence under Part 5.6A, the onus of proving an exception under section 145
(3)-(5), 146A (3), 146B (3) or 146E (4) lies with the defendant, but nothing
in this subsection affects the construction or operation of any other
provision of this Act.