sec.493AWhen environmental harm or related acts are unlawful

### sec.493A When environmental harm or related acts are unlawful 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 . See chapter 8 , part 3 (Offences relating to environmental harm), section 440Q (Offence of contravening a noise standard) and section 440ZG (Depositing prescribed water contaminants in waters and related matters). 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. However, see also section 319A in relation to an act done while carrying out an activity involving a relevant industrial chemical. 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. See also section 508 for circumstances affecting proceedings for a contravention for which an enforceable undertaking has been given. s 493A ins 2008 No. 52 s 54 amd 2009 No. 42 s 14 ; 2012 No. 16 s 38 (amd 2013 No. 10 s 17 ); 2014 No. 47 s 257 ; 2014 No. 59 s 99 ; 2018 No. 30 s 193 ; 2019 No. 28 s 39 sch 1 ; 2023 No. 6 s 106 ; 2024 No. 30 s 61 sch 1 (sec.493A-ssec.1) 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 . See chapter 8 , part 3 (Offences relating to environmental harm), section 440Q (Offence of contravening a noise standard) and section 440ZG (Depositing prescribed water contaminants in waters and related matters). (sec.493A-ssec.2) 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. (sec.493A-ssec.3) 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. However, see also section 319A in relation to an act done while carrying out an activity involving a relevant industrial chemical. (sec.493A-ssec.4) 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. (sec.493A-ssec.5) 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. (sec.493A-ssec.6) A reference in this section to an act includes an omission and a reference to doing an act includes making an omission. See also section 508 for circumstances affecting proceedings for a contravention for which an enforceable undertaking has been given. - (a) an act that causes serious or material environmental harm or an environmental nuisance; - (b) an act that contravenes a noise standard; - (c) a deposit of a contaminant, or release of stormwater run-off, mentioned in section 440ZG . - (a) an environmental protection policy; or - (b) a transitional environmental program; or - (c) an environmental enforcement order issued under section 362 (1) ; or - (d) an environmental authority or PRCP schedule; or - (e) a development condition of a development approval; or - (f) a prescribed condition for a small scale mining activity; or - (g) an emergency direction; or - (h) 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. - (a) the relevant act was done while carrying out an activity that is lawful apart from this Act; and - (b) the defendant complied with the general environmental duty. Note— However, see also section 319A in relation to an act done while carrying out an activity involving a relevant industrial chemical. - (a) an agricultural ERA standard applied to the doing of the relevant act; and - (b) to the extent it is relevant, the defendant complied with the standard. - (a) a code of practice applied to the doing of the relevant act; and - (b) to the extent it is relevant, the defendant complied with the code; and - (c) no agricultural ERA standard applied to the doing of the relevant act.