MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 10 Legal proceedings
Part 2A Unlawfulness of particular acts

[s 493A]

                   (Depositing prescribed water contaminants in waters and related
                   matters).
           (2)   A relevant act is unlawful unless it is authorised to be done
                 under—
                 (a)   an environmental protection policy; or
                 (b)   a transitional environmental program; or
                 (c)   an environmental protection order; or
                 (d)   an environmental authority; or
                 (e)   a development condition of a development approval; or
                 (f)   a prescribed condition for a small scale mining activity;
                       or
                 (g)   an emergency direction.
           (3)   However, it is a defence to a charge of unlawfully doing a
                 relevant act to prove—
                 (a)   the relevant act was done while carrying out an activity
                       that is lawful apart from this Act; and
                 (b)   the defendant complied with the general environmental
                       duty.
           (4)   The defendant is taken to have complied with the general
                 environmental duty if the defendant proves—
                 (a)   an accredited ERMP applied to the doing of the relevant
                       act; and
                 (b)   to the extent it is relevant, the defendant complied with
                       the ERMP.
           (5)   The defendant is also taken to have complied with the general
                 environmental duty if the defendant proves—
                 (a)   a code of practice applied to the doing of the relevant
                       act; and
                 (b)   to the extent it is relevant, the defendant complied with
                       the code; and


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