New South Wales Consolidated Acts
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PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 257
Occupier of premises responsible for pollution from premises
257 Occupier of premises responsible for pollution from premises
(1) In any proceedings under this Act, the occupier of premises at or from
which any pollution occurs is taken to have caused the pollution, unless it is
established that-- (a) the pollution was caused by another person, and
(b)
the other person was not associated with the occupier at the time the
pollution occurred, and
(c) the occupier took all reasonable steps to prevent
the pollution.
A person is associated with the occupier for the purposes of
paragraph (b) (but without limiting any other circumstances of association) if
the person is an employee, agent, licensee, contractor or sub-contractor of
the occupier.
(2) Subsection (1) does not prevent proceedings being taken
under this Act against the person who actually caused the pollution.
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