ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2023 - SECT 104
Amendment of s 491 (Special evidentiary provision—particular emissions)
ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2023 - SECT 104
Amendment of s 491 (Special evidentiary provision—particular emissions)
104 Amendment of s 491 (Special evidentiary provision—particular emissions)
(1) Section 491 (1) —
omit, insert—
(1) This section applies in relation to—
(a) a proceeding
for an offence against section 430 in which it is claimed the defendant, by
the making of an emission causing environmental nuisance, has contravened a
relevant condition of an environmental authority; or
(b) a proceeding for an
offence against section 440 or 440Q in which it is claimed the defendant
caused environmental nuisance or contravened a noise standard by an emission
made from a person, place or thing (the
"alleged source" ).
(2) Section 491 (2) (a) —
omit, insert—
(a) either—
(i) for an offence against section 430—the
level, nature or extent of the emission was an unreasonable interference with
an environmental value giving rise to a contravention of the
relevant condition of the environmental authority; or
(ii) for an offence
against section 440 or 440Q—the emission was made from the alleged source
and travelled to another place; and
(3) Section 491 (4) —
insert—
"relevant condition" , of an environmental authority, means a condition
that—
(a) states the holder of the authority must not cause environmental
nuisance or otherwise make an emission that causes, or is likely to cause,
environmental nuisance; but
(b) does not require an indicator of the quality
or quantity of an emission, or the impact of an emission on the environment,
to be measured to establish the causation of environmental nuisance.
