Environmental Protection Act 1994

This section applies if—

a person engages in conduct that constitutes a relevant act mentioned in section 493A(1) (the relevant conduct); and

the person is charged with an offence in relation to the relevant conduct (the relevant offence); and

the person is intending to rely on the defence under section 493A(3) in relation to the relevant offence.

In a proceeding for the relevant offence, the person may not be charged with an alternative offence against section 319(2) in relation to the same, or substantially the same, conduct as the relevant conduct.

Any information obtained from the person in relation to the defence under section 493A(3) in a proceeding for the relevant offence can not be used against the person in a proceeding for an offence against section 319(2) that is constituted by the same, or substantially the same, conduct as the relevant conduct.