MCU14/0028 Appendix 2 EnvProtAct 1994

                                                    Environmental Protection Act 1994
                                                        Chapter 10 Legal proceedings
                                                                     Part 1 Evidence

                                                                              [s 491]

        (6)   In a complaint starting a proceeding, a statement that the
              matter of the complaint came to the complainant’s knowledge
              on a stated day is evidence of the matter.
        (7)   The production by the prosecutor of a certificate purporting to
              be signed by an appropriately qualified person (the analyst)
              and stating—
              (a)    the analyst received from a stated person the sample
                     mentioned in the certificate; and
              (b)    the analyst analysed the sample on a stated day and at a
                     stated place; and
              (c)    the results of the analysis;
              is evidence of the matter stated in the certificate.
        (8)   Any instrument, equipment or installation prescribed by
              regulation that is used by an authorised person or analyst in
              accordance with the conditions (if any) prescribed by the
              regulation is taken to be accurate and precise in the absence of
              evidence to the contrary.
        (9)   In a proceeding in which the administering authority applies
              to recover the costs and expenses incurred by it, a certificate
              by the administering executive stating that stated costs and
              expenses were incurred and the way and purpose for which
              they were incurred is evidence of the matters stated.

491      Special evidentiary provision—particular emissions
        (1)   This section applies to a proceeding for an offence against
              section 440 or 440Q in which it is claimed the defendant
              caused environmental nuisance or contravened a noise
              standard by an emission made from a person, place or thing
              (the alleged source).
              Editor’s note—
                 section 440 (Offence of causing environmental nuisance) or 440Q
                 (Offence of contravening a noise standard)
        (2)   An authorised person may give evidence, without any need to
              call further opinion evidence, that the authorised person
Current as at 20 February 2014                                             Page 419