New South Wales Consolidated Acts
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PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 255
Evidence of threshold tests for scheduled activities
(1) In a case where there is a numerical or other threshold to be met for the
purposes of determining whether activities are scheduled activities-- (a) the
question of whether the threshold was met is not relevant for the purposes of
any proceedings under this Act, once it is established that an environment
protection licence was in force in respect of the activities at the relevant
time, and
(b) it is immaterial for the purposes of those proceedings that the
licence was not at that or any other time, or ever, needed.
(2) This section
does not apply to licences that are only issued to regulate water pollution
resulting from non-scheduled activities.
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