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