sec.491Special evidentiary provision—particular emissions

### sec.491 Special evidentiary provision—particular emissions This section applies in relation to— a proceeding, whether criminal or civil, relating to an offence against section 430 in which it is claimed the defendant, by the making of an emission causing environmental nuisance, has contravened a relevant condition of an environmental authority; or a proceeding, whether criminal or civil, relating to an offence against section 440 or 440Q in which it is claimed the defendant caused environmental nuisance or contravened a noise standard by an emission made from a person, place or thing (the alleged source ). An authorised person may give evidence, without any need to call further opinion evidence, that the authorised person formed the opinion based on the authorised person’s own senses that— either— for an offence against section 430 —the level, nature or extent of the emission was an unreasonable interference with an environmental value giving rise to a contravention of the relevant condition of the environmental authority; or for an offence against section 440 or 440Q —the emission was made from the alleged source and travelled to another place; and for an offence against section 440 —the level, nature or extent of the emission within the other place was an unreasonable interference with an environmental value. Evidence may be given under subsection (2) whether or not another emission was made to the other place from a person, place or thing other than the alleged source. In this section— emission means an emission of aerosols, fumes, light, noise, odour, particles or smoke. relevant condition , of an environmental authority, means a condition that— states the holder of the authority must not cause environmental nuisance or otherwise make an emission that causes, or is likely to cause, environmental nuisance; but does not require an indicator of the quality or quantity of an emission, or the impact of an emission on the environment, to be measured to establish the causation of environmental nuisance. s 491 amd 2000 No. 64 s 34 sub 2008 No. 52 s 53 amd 2023 No. 6 s 104 ; 2024 No. 30 s 42 (sec.491-ssec.1) This section applies in relation to— a proceeding, whether criminal or civil, relating to an offence against section 430 in which it is claimed the defendant, by the making of an emission causing environmental nuisance, has contravened a relevant condition of an environmental authority; or a proceeding, whether criminal or civil, relating to an offence against section 440 or 440Q in which it is claimed the defendant caused environmental nuisance or contravened a noise standard by an emission made from a person, place or thing (the alleged source ). (sec.491-ssec.2) An authorised person may give evidence, without any need to call further opinion evidence, that the authorised person formed the opinion based on the authorised person’s own senses that— either— for an offence against section 430 —the level, nature or extent of the emission was an unreasonable interference with an environmental value giving rise to a contravention of the relevant condition of the environmental authority; or for an offence against section 440 or 440Q —the emission was made from the alleged source and travelled to another place; and for an offence against section 440 —the level, nature or extent of the emission within the other place was an unreasonable interference with an environmental value. (sec.491-ssec.3) Evidence may be given under subsection (2) whether or not another emission was made to the other place from a person, place or thing other than the alleged source. (sec.491-ssec.4) In this section— emission means an emission of aerosols, fumes, light, noise, odour, particles or smoke. relevant condition , of an environmental authority, means a condition that— states the holder of the authority must not cause environmental nuisance or otherwise make an emission that causes, or is likely to cause, environmental nuisance; but does not require an indicator of the quality or quantity of an emission, or the impact of an emission on the environment, to be measured to establish the causation of environmental nuisance. - (a) a proceeding, whether criminal or civil, relating to an offence against section 430 in which it is claimed the defendant, by the making of an emission causing environmental nuisance, has contravened a relevant condition of an environmental authority; or - (b) a proceeding, whether criminal or civil, relating to an offence against section 440 or 440Q in which it is claimed the defendant caused environmental nuisance or contravened a noise standard by an emission made from a person, place or thing (the alleged source ). - (a) either— (i) for an offence against section 430 —the level, nature or extent of the emission was an unreasonable interference with an environmental value giving rise to a contravention of the relevant condition of the environmental authority; or (ii) for an offence against section 440 or 440Q —the emission was made from the alleged source and travelled to another place; and - (i) for an offence against section 430 —the level, nature or extent of the emission was an unreasonable interference with an environmental value giving rise to a contravention of the relevant condition of the environmental authority; or - (ii) for an offence against section 440 or 440Q —the emission was made from the alleged source and travelled to another place; and - (b) for an offence against section 440 —the level, nature or extent of the emission within the other place was an unreasonable interference with an environmental value. - (i) for an offence against section 430 —the level, nature or extent of the emission was an unreasonable interference with an environmental value giving rise to a contravention of the relevant condition of the environmental authority; or - (ii) for an offence against section 440 or 440Q —the emission was made from the alleged source and travelled to another place; and - (a) states the holder of the authority must not cause environmental nuisance or otherwise make an emission that causes, or is likely to cause, environmental nuisance; but - (b) does not require an indicator of the quality or quantity of an emission, or the impact of an emission on the environment, to be measured to establish the causation of environmental nuisance.