96Averments and evidence

96 Averments and evidence (1) In a prosecution for an offence against this Act an averment in a complaint, information or indictment that: (a) at a specified time, a particular person: (i) was the owner or occupier of land specified in the complaint, information or indictment; (ii) was a person to whom an instrument of an administrative character relates; or (iii) was an employer, employee, or agent of, a specified person; (b) a specified substance was a contaminant or a waste; or (c) results referred to in the complaint were results of an analysis carried out by or under the direction of a person specified in the complaint, information or indictment, is prima facie evidence of the matter so averred. (2) An authorised officer may give evidence, without the need to call further opinion evidence, that the authorised person formed the opinion based on his or her own senses that: (a) noise, smoke, dust, fumes or odour was emitted from a place occupied by the defendant, or was so emitted and travelled to a place occupied by a person or where a person lawfully was; and

Waste Management and Pollution Control Act 1998 66 (b) the level, nature or extent of the noise, smoke, dust, fumes or odour within the place to which it travelled was an unreasonable interference with the person's enjoyment of the place. (3) Where an authorised officer gives evidence referred to in subsection (2) in relation to a matter, the evidence is prima facie evidence of the matter.