Additional defences for environmental offences
117AAC Additional defences for environmental offences
It is a defence to a prosecution of an offence against section 117AAB if the conduct was authorised under another provision of this Act or another Act.
Note for subsection (1)
The defendant has an evidential burden in relation to the matters in subregulation (1) (see section 43BU of the Criminal Code).
(2) If environmental harm is the result of the release of a contaminant or waste, it is a defence to a prosecution for an offence against section 117AAB, in relation to a particular contaminant or waste, if the defendant complied with:
(a) a provision of an environment protection objective as defined in section 4(1) of the Waste
Management and Pollution Control Act 1998 that fixed maximum allowable levels for the particular contaminant or waste; or
a condition of an approval, permit, lease, licence or other authorisation under this Act or another Act that fixed maximum allowable levels for the particular contaminant or waste.
Note for subsection (2)
The defendant has an evidential burden in relation to the matters in subregulation (2) (see section 43BU of the Criminal Code).
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