Northern Territory Consolidated Acts

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WASTE MANAGEMENT AND POLLUTION CONTROL ACT - SECT 84

Defences to general environmental offence

84. Defences to general environmental offence

(1) It is a defence to a prosecution for an offence against section 83 (other than subsection (5) or (7)), if it is proved that the alleged offence did not result from a failure on the defendant's part to exercise reasonable diligence.

(2) It is a defence to a prosecution for an offence against section 83 (other than subsection (5) or (7)) in relation to a particular contaminant or waste if it is proved the defendant complied with -

(a) a provision of an environment protection objective;

(b) a condition of an environment protection approval or a licence; or

(c) a provision of the Regulations,

that fixed maximum allowable levels for the particular contaminant or waste.

(3) Where, but for a defence specified by or under this Act, a person would have been guilty of an offence against section 83 (other than subsection (5) or (7)) the person is, for the purposes of -

(a) the grant, issue or enforcement of an environment protection approval, licence or pollution abatement notice; and

(b) the making of an order under section 97,

to be taken to have contravened or failed to comply with section 83.



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