Victorian Consolidated Legislation

Environment Protection Act 1970 - SECT 19G

Offences

19G. Offences





(1) A holder of a research, development and demonstration approval who
contravenes any condition to which the approval is subject is guilty of an
indictable offence against this Act and liable to a penalty of not more than
2400 penalty units and in the case of a continuing offence to a daily penalty
of not more than 1200 penalty units for each day the offence continues after a
finding of guilt or after service by the Authority on the defendant of notice
of contravention of the condition.

(2) Where-

   (a)  premises are shared by a corporation and a subsidiary or subsidiaries
        of that corporation; and

   (b)  one of those corporations is the holder of a research, development and
        demonstration approval under this Act in respect of those premises;
        and



   (c)  there occurs on the premises a contravention of a condition to which
        the research, development and demonstration approval is subject-

the holder of the research, development and demonstration approval is in the
absence of evidence to the contrary deemed to have caused that contravention.

(3) A holder of a research, development and demonstration approval is not
liable to a penalty under this Act with respect to the discharge, emission or
deposit of waste if the holder proves that the holder-

   (a)  complied with the conditions to which the approval is subject with
        respect to the discharge, emission or deposit; and

   (b)  complied with any requirement contained in a notice served under
        section 31A or 31B; and

   (c)  did not discharge or emit odours which are offensive to the senses of
        human beings in a residential area or in a public open space adjacent
        to a residential area.

(4) If a holder of a research, development and demonstration approval intends
to prove any of the matters in subsection (3), the holder must within 21 days
of the day on which the charge and summons alleging the offence is served on
that person cause to be served on the informant a written statement
specifying-

   (a)  any details, documents or other information upon which the holder
        intends to rely to establish those matters during the relevant period;
        and

   (b)  details of any discharge, emission or deposit of waste during the
        relevant period; and

   (c)  details of documents relating to the matters specified in paragraphs
        (a) and (b).

(5) The documents specified under subsection (4) must be made available for
inspection by or on behalf of the informant.

(6) In subsection (4) relevant period means-

   (a)  the day or days on which the alleged contravention occurred; and

   (b)  the period of 2 days before and after each such day or days.

Division 3-Control of wastes and noise