New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 142D

142D Defences relating to pesticides and fertilisers and other substances

(1) It is a defence in proceedings for an offence under this Division if the person establishes that the substance placed in or on, or otherwise introduced into or onto, land is any of the following--

(a) a pesticide (within the meaning of the Pesticides Act 1999 ) placed in or on, or otherwise introduced into or onto the land, in the course of being used within the meaning of that Act,

(b) a fertiliser, liming material or trace element product within the meaning of the Biosecurity Act 2015 that may lawfully be sold as such,

(c) non-hazardous agricultural or crop waste, including stock feed made solely from such waste,

(d) manure,

(e) virgin excavated natural material,

(f) biosolids or any other substances prescribed by the regulations for the purposes of this section.

(2) Words and expressions used in this section have the meanings prescribed by the regulations.