New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 122

122 Defence of authority conferred by protection of environment licence or forestry authorisation

(1) It is a defence in proceedings against a person for an offence under this Part if the person establishes that--

(a) the pollution was regulated by an environment protection licence held by the person or another person, and

(b) the conditions to which that licence was subject relating to the pollution of waters were not contravened.

(2) It is a defence in proceedings against a person for an offence under this Part if the person establishes that the act constituting the offence was--

(a) the carrying out of a forestry operation in a State forest or other Crown-timber land to which an integrated forestry operations approval under Part 5B of the Forestry Act 2012 applies, being a forestry operation that was carried out in accordance with the approval, or

(b) the carrying out of a forestry operation that was authorised by a private native forestry plan and that was carried out in accordance with the plan and the applicable private native forestry code of practice.