NTIn ForceAct
Energy Pipelines Act 1981
58DDefences to general environmental offences
Start here
Get a plain-English read of 58D
Turn the raw legal text into a practical explanation grounded in Energy Pipelines Act 1981.
58D Defences to general environmental offences
(1) It is a defence to a prosecution for an offence against section 58C if
it is proved that the act or failure to act was authorised under an
Act.
(2) It is a defence to a prosecution for an offence against section 58C if
it is proved that the alleged offence did not result from a failure on
the defendant's part to exercise reasonable diligence.
Energy Pipelines Act 1981 56
(3) It is a defence to a prosecution for an offence against section 58C
in relation to a particular contaminant or waste material if it is
proved the defendant complied with:
(a) a provision of an environment protection objective within the
meaning of the Waste Management and Pollution Control
Act 1998; or
(b) a condition of an approval, permit, lease, licence or
authorisation under an Act,
that fixed maximum allowable levels for the particular contaminant
or waste material.