ENVIRONMENT PROTECTION ACT 1993 - SECT 105

ENVIRONMENT PROTECTION ACT 1993 - SECT 105

105—Emergency authorisations

        (1)         The Authority or an authorised officer may issue an authorisation in writing to a person authorising an act or omission that might otherwise constitute a contravention of this Act if the Authority or authorised officer is satisfied—

            (a)         that circumstances of urgency exist such that it is not practicable for the person to obtain an exemption; and

            (b)         that authorisation of the act or omission is justified by the need to protect life, the environment or property.

        (2)         An authorisation issued to a person under this section—

            (a)         is subject to a condition that the person pay the prescribed fee (which may be recovered as a debt); and

            (b)         may be subject to such other conditions as the Authority or authorised officer considers appropriate and specifies in the authorisation.

        (3)         A person incurs no liability to a penalty under this Act in respect of an act or omission authorised under this section.

        (4)         A person who would, but for an authorisation under this section, have contravened a provision of this Act is, despite the authorisation, to be taken to have contravened that provision for the purposes of—

            (a)         any proceedings under section 104 in respect of the contravention;

            (b)         the issuing or enforcement of a clean-up order or clean-up authorisation under this Act in respect of the contravention.