MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 10 Legal proceedings
Part 1 Evidence

[s 491A]

                 formed the opinion based on the authorised person’s own
                 senses that—
                 (a)   the emission was made from the alleged source and
                       travelled to another place; and
                 (b)   for an offence against section 440—the level, nature or
                       extent of the emission within the other place was an
                       unreasonable interference with an environmental value.
           (3)   Evidence may be given under subsection (2) whether or not
                 another emission was made to the other place from a person,
                 place or thing other than the alleged source.
           (4)   In this section—
                 emission means an emission of aerosols, fumes, light, noise,
                 odour, particles or smoke.

491A Further special evidentiary provisions for noise
           (1)   This section applies if, in a proceeding for an offence against
                 this Act, it is claimed audible noise was made.
           (2)   If it is claimed the noise was made from a particular person,
                 place or thing (the alleged source)—
                 (a)   an individual (the occupier) who was, when the noise
                       was made (the relevant time), an occupier of a building
                       may give evidence that—
                       (i)   the occupier could, at the relevant time, hear the
                             noise at the building; and
                       (ii) the occupier formed the opinion, based on the
                            occupier’s own senses, that the noise was made
                            from the alleged source and travelled to the
                            building; and
                 (b)   an authorised person who, at the relevant time, was
                       present at the building with the occupier and could hear
                       the noise at the building may give evidence—
                       (i)   that the authorised person could, at the relevant
                             time, hear the noise at the building; and
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