ENVIRONMENTAL PROTECTION ACT 1994 - SECT 493A
When environmental harm or related acts are unlawful
ENVIRONMENTAL PROTECTION ACT 1994 - SECT 493A
When environmental harm or related acts are unlawful
493A When environmental harm or related acts are unlawful
(1) This section applies in relation to any of the following acts (
"relevant acts" )— (a) an act that causes serious or
material environmental harm or an environmental nuisance;
(b) an act that
contravenes a noise standard;
(c) a deposit of a contaminant, or release of
stormwater run-off, mentioned in section 440ZG .
Note— See chapter 8 ,
part 3 (Offences relating to environmental harm), section 440Q (Offence of
contravening a noise standard) and section 440ZG (Depositing prescribed water
contaminants in waters and related matters).
(2) A relevant act is unlawful
unless it is authorised to be done under— (a) an environmental protection
policy; or
(b) a transitional environmental program; or
(c) an environmental
protection order; or
(d) an environmental authority or PRCP schedule; or
(e)
a development condition of a development approval; or
(f) a prescribed
condition for a small scale mining activity; or
(g) an emergency direction;
or
(h) an authorisation under the
Petroleum and Gas (Production and Safety) Act 2004 , section 294B and the
authorisation relates to a bore or well mentioned in section 294B (1) (a) or
(c) of that Act.
(3) However, it is a defence to a charge of unlawfully doing
a relevant act to prove— (a) the relevant act was done while carrying out an
activity that is lawful apart from this Act; and
(b) the defendant complied
with the general environmental duty. Note— However, see also section 319A
in relation to an act done while carrying out an activity involving a relevant
industrial chemical.
(4) The defendant is taken to have complied with the
general environmental duty if the defendant proves— (a) an
agricultural ERA standard applied to the doing of the relevant act; and
(b)
to the extent it is relevant, the defendant complied with the standard.
(5)
The defendant is also taken to have complied with the general environmental
duty if the defendant proves— (a) a code of practice applied to the doing of
the relevant act; and
(b) to the extent it is relevant, the defendant
complied with the code; and
(c) no agricultural ERA standard applied to the
doing of the relevant act.
(6) A reference in this section to an act includes
an omission and a reference to doing an act includes making an omission.
Note— See also section 508 for circumstances affecting proceedings for a
contravention for which an enforceable undertaking has been given.
