ENVIRONMENT PROTECTION ACT 1993 - SECT 84

ENVIRONMENT PROTECTION ACT 1993 - SECT 84

84—Defence where alleged contravention of Part

        (1)         In any proceedings (criminal or civil) where it is alleged that a person contravened this Part, it will be a defence—

            (a)         if—

                  (i)         maximum pollution levels were fixed for the particular pollutant and form of pollution concerned in the alleged contravention by mandatory provisions of an environment protection policy or conditions of an environmental authorisation held by the person, or both; and

                  (ii)         it is proved that the person did not by so polluting the environment contravene the mandatory provisions or conditions; or

            (b)         if—

                  (i)         an environment protection policy or conditions of an environmental authorisation provided that compliance with specified provisions of the policy or with specified conditions of the authorisation would satisfy the general environmental duty in relation to the form of pollution concerned in the alleged contravention; and

                  (ii)         it is proved that the person complied with the provisions or with such conditions of an authorisation held by the person; or

            (c)         if it is proved that the pollution resulted in actual or potential harm only to that person or that person's property, or to some other person or some other person's property with that other person's consent.

        (1a)         Subsection (1)(c) does not apply where—

            (a)         the property harmed comprises water occurring naturally above or under the ground or water introduced to an aquifer or other area under the ground; or

            (b)         the pollution resulted in site contamination.

        (2)         The defences provided by this section are in addition to and do not derogate from the general defence under Part 15.