ACTIn ForceAct
Environment Protection Act 1997
154Defence of emergency
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154 Defence of emergency
(1) Subject to subsection (2), it is a defence to a prosecution for an
offence against section 45, section 137, section 138, section 139,
section 141 or section 142, or an offence against a regulation that is
prescribed for this section, that—
(a) the act or omission alleged to constitute the offence or an
element of the offence was necessary to protect life, the
environment or property in an emergency situation; and
(b) the defendant took all reasonable and practicable measures to
prevent or deal with the emergency.
(2) Subsection (1) does not apply in relation to a prosecution for an
offence against section 137 (1), section 138 (1) or section 139 (1) for
recklessly polluting the environment causing environmental harm or
likely environmental harm.
(3) A reference in subsection (1) to an act or omission alleged to
constitute an offence or an element of an offence is, in relation to an
offence against section 147 (1), a reference to the act or omission
alleged to constitute the offence or an element of the offence
committed by the corporation.