Victorian Consolidated Legislation

Environment Protection Act 1970 - SECT 30B

Defence to offence

30B. Defence to offence



(1) It shall be a defence to any offence under this Act if the person charged
proves that-



   (a)  the discharge, emission or deposit of waste to which the charge
        relates occurred in an emergency to prevent danger to life or limb
        other than an emergency arising from the negligent act or omission of
        the person charged; and

   (b)  as soon as reasonably practicable after that discharge, emission or
        deposit of waste that person notified particulars thereof in writing
        to the Authority or the delegated agency as the case may be.

(2) A person who intends to rely on the defence provided by this section may
only do so if that person notifies the Authority of that intention within 7
days of the day on which the summons to answer to the charge is served on that
person.