MCU14/0028 Appendix 2 EnvProtAct 1994

                                                 Environmental Protection Act 1994
                                                     Chapter 10 Legal proceedings
                                                                  Part 1 Evidence

                                                                           [s 492]

                     (ii) that the authorised person formed the opinion,
                          based on the person’s own senses, that the noise
                          was made from the alleged source and travelled to
                          the building.
        (3)   Evidence may be given under subsection (2)(b)—
              (a)    without any need to call the occupier; and
              (b)    whether or not other audible noise was made to the
                     building from a person, place or thing other than the
                     alleged source.
        (4)   Opinion evidence mentioned in this section may be given
              without any need to call further opinion evidence.
        (5)   Evidence mentioned in this section may be given without any
              requirement for the noise to have been measured.
        (6)   If the noise is established as audible noise, the rate of its
              audibility is not required to be established.
        (7)   The noise may be measured in a way prescribed under a
              regulation.

492      Responsibility for acts or omissions of representatives
        (1)   If, in a proceeding for an offence against this Act, it is relevant
              to prove a person’s state of mind about a particular act or
              omission, it is enough to show—
              (a)    the act or omission was done or omitted to be done by a
                     representative of the person within the scope of the
                     representative’s actual or apparent authority; and
              (b)    the representative had the state of mind.
        (2)   An act or omission done or omitted to be done for a person by
              a representative of the person within the scope of the
              representative’s actual or apparent authority is taken, in a
              proceeding for an offence against this Act, to have been done
              or omitted to be done also by the person, unless the person
              proves the person took all reasonable steps to prevent the acts
              or omissions.
Current as at 20 February 2014                                          Page 421