Under s 440ZE(2) of the Environmental Protection Act 1994 (Qld), the prosecution must prove beyond reasonable doubt that the occupier was aware of the deposit of a contaminant specifically on the occupied land, and proof of awareness of contaminant on adjacent land (such as a footpath) is insufficient. A prosecution by a local government officer acting as agent for the council must be brought in the council's name pursuant to s 35 of the Local Government Act 1993 (Qld), though the defect is curable by amendment. Section 158A(1) of the Justices Act 1886 (Qld) does not extend costs protection to local authorities as complainants.
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