South Australian Numbered Acts

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ENVIRONMENT PROTECTION (MISCELLANEOUS) AMENDMENT ACT 2005 (NO 21 OF 2005) - SECT 81

81—Amendment of section 139—Evidentiary provisions

        (1)         Section 139(1)—delete "the Authority or the Minister" first occurring and substitute:

the Minister, the Authority or another administering agency

        (2)         Section 139(1)(d), (e) and (f)—delete "the Authority or the Minister" wherever occurring and substitute in each case:

the Minister, the Authority or the other administering agency

        (3)         Section 139(2)—delete "the Authority" first occurring and substitute:

the Minister, the Authority, another administering agency

        (4)         Section 139(2)—delete "the Authority" second occurring and substitute:

the Minister, the Authority, the other administering agency

        (5)         Section 139(4)—delete subsection (4) and substitute:

        (4)         In any proceedings for an offence against this Act where it is alleged that the defendant caused an environmental nuisance, evidence by an authorised officer that he or she formed the opinion based on his or her own senses—

            (a)         that pollutants discharged or emitted from a place occupied by the defendant travelled to a place occupied by another person; and

            (b)         that the level, nature or extent of the pollution within the place occupied by the other person was such as to constitute an unreasonable interference with the person's enjoyment of the place,

constitutes proof, in the absence of proof to the contrary, that the defendant caused an environmental nuisance.

        (6)         Section 139(6)(a)—delete "the Authority or the Minister" and substitute:

the Minister, the Authority, another administering agency



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