Defences to general environmental offence
84 Defences to general environmental offence
(1) It is a defence to a prosecution for an offence against section 83 (other than subsection (5) or (7)), if it is proved that the alleged offence did not result from a failure on the defendant's part to exercise reasonable diligence.
(2) It is a defence to a prosecution for an offence against section 83 (other than subsection (5) or (7)) in relation to a particular contaminant or waste if it is proved the defendant complied with:
a provision of an environment protection objective;
(b) a condition of an environment protection approval or a licence; or
a provision of the Regulations,
that fixed maximum allowable levels for the particular contaminant or waste.
(3) Where, but for a defence specified by or under this Act, a person would have been guilty of an offence against section 83 (other than subsection (5) or (7)) the person is, for the purposes of:
(a) the grant, issue or enforcement of an environment protection approval, licence or pollution abatement notice; and
the making of an order under section 97,
to be taken to have contravened or failed to comply with section 83.
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