Victorian Consolidated Legislation

Environment Protection Act 1970 - SECT 30

Liability of licence holder

30. Liability of licence holder



(1) A licence holder is not liable to a penalty under this Act with respect to
the discharge, emission or deposit of waste if the licence holder proves that
the licence holder-





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

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

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

   (d)  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.

(2) A licence holder is not liable to a penalty under this Act with respect to
the reprocessing, treatment, storage, containment, disposal or handling of
waste if the licence holder proves that the licence holder-

   (a)  complied with the conditions to which the licence is subject with
        respect to reprocessing, treatment, storage, containment, disposal and
        handling; 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.

(2A) A licence holder is not liable to a penalty under this Act with respect
to the reprocessing, treatment, storage, containment, disposal or handling of
substances which are a danger or potential danger to the quality of the
environment or any segment of the environment if the licence holder proves
that the licence holder-

   (a)  complied with the conditions to which the licence is subject with
        respect to reprocessing, treatment, storage, containment, disposal and
        handling; 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.

(2B) A licence holder is not liable to a penalty under this Act with respect
to an activity which creates a state of potential danger to the quality of the
environment or any segment of the environment if the licence holder proves
that the licence holder-

   (a)  complied with the conditions to which the licence is subject with
        respect to that activity; 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.

(3) If a licence holder intends to prove any of the matters in subsection (1),
(2), (2A) or (2B), the licence holder must within 21 days of the day on which
the information 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 licence
        holder intends to rely to establish those matters during the relevant
        period; and

   (b)  details in respect of the relevant period of-

   (i)  the discharge, emission or deposit of waste to the environment; or

   (ii) the reprocessing, treatment, storage, containment, disposal or
        handling of waste; or

   (iii) the reprocessing, treatment, storage, containment, disposal or
        handling of substances which are a danger or a potential danger to the
        quality of the environment or any segment of the environment; or

   (iv) any activity which creates a state of potential danger to the quality
        of the environment or any segment of the environment; and

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

(4) The documents specified under subsection (3) must be made available for
inspection by or on behalf of the informant.

(5) In subsection (3) 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.