55AGeneral environmental duty defence

55A General environmental duty defence

[Section 55A Inserted by No. 56 of 2000, s. 30, Applied:14 Jul 2000]

(1)  [Section 55A Subsection (1) substituted by No. 45 of 2007, s. 19, Applied:29 Nov 2007] In any proceedings under this Act, if it is alleged that a person has contravened section 50 , 51 , 51A or 53 , it is a defence if –

(a) [Section 55A Subsection (1) amended by No. 45 of 2012, s. 26, Applied:06 Dec 2012] [Section 55A Subsection (1) amended by No. 46 of 2017, s. 21, Applied:04 Dec 2017] [Section 55A Subsection (1) amended by No. 21 of 2020, s. 41, Applied:28 Oct 2020] in the case of an offence arising solely from the emission of a pollutant, maximum quantities, concentrations, emission rates, discharge rates or overall volumes of the particular pollutant have been set in a State Policy, an environment protection policy, a condition or restriction specified in an environmental licence (other than a condition referred to in section 42Z(2)(a) , (b) , (c) or (d) ), or as a condition in a permit or a major project permit, within the meaning of the Land Use Planning and Approvals Act 1993 , and it is shown that those quantities, concentrations, emission rates, discharge rates or overall volumes were not exceeded; or

(b) in the case of any other offence –

(i) [Section 55A Subsection (1) amended by No. 45 of 2012, s. 26, Applied:06 Dec 2012] [Section 55A Subsection (1) amended by No. 46 of 2017, s. 21, Applied:04 Dec 2017] [Section 55A Subsection (1) amended by No. 21 of 2020, s. 41, Applied:28 Oct 2020] a State Policy, environment protection policy, environmental licence, permit or a major project permit, within the meaning of the , provides that compliance with specified provisions of that instrument will satisfy the general environmental duty in respect of an activity, and it is shown that those provisions, insofar as they relate to, or involve, the act or omission comprising the offence were complied with; or