Environmental Protection Act 1994

This section applies in relation to any of the following acts (relevant acts)—

an act that causes serious or material environmental harm or an environmental nuisance;

an act that contravenes a noise standard;

a deposit of a contaminant, or release of stormwater run-off, mentioned in section 440ZG.

A relevant act is unlawful unless it is authorised to be done under—

an environmental protection policy; or

a transitional environmental program; or

an environmental enforcement order issued under section 362(1); or

an environmental authority or PRCP schedule; or

a development condition of a development approval; or

a prescribed condition for a small scale mining activity; or

an emergency direction; or

an authorisation under the Petroleum and Gas (Production and Safety) Act 2004, section 294B and the authorisation relates to a bore or well mentioned in section 294B(1)(a) or (c) of that Act.

However, it is a defence to a charge of unlawfully doing a relevant act to prove—

the relevant act was done while carrying out an activity that is lawful apart from this Act; and

the defendant complied with the general environmental duty.

The defendant is taken to have complied with the general environmental duty if the defendant proves—

an agricultural ERA standard applied to the doing of the relevant act; and

to the extent it is relevant, the defendant complied with the standard.

The defendant is also taken to have complied with the general environmental duty if the defendant proves—

a code of practice applied to the doing of the relevant act; and

to the extent it is relevant, the defendant complied with the code; and

no agricultural ERA standard applied to the doing of the relevant act.

A reference in this section to an act includes an omission and a reference to doing an act includes making an omission.