(1) In this section
—
unreasonable emission means an emission or
transmission of noise, odour or electromagnetic radiation which unreasonably
interferes with the health, welfare, convenience, comfort or amenity of any
person.
(2) A person who
intentionally or with criminal negligence —
(a)
causes pollution; or
(b)
allows pollution to be caused,
commits an offence.
(3) A person who
causes pollution or allows pollution to be caused commits an offence.
(4) A person who
intentionally or with criminal negligence —
(a)
emits an unreasonable emission from any premises; or
(b)
causes an unreasonable emission to be emitted from any premises,
commits an offence.
(5) A person who
—
(a)
emits an unreasonable emission from any premises; or
(b)
causes an unreasonable emission to be emitted from any premises,
commits an offence.
(6) A person charged
with committing an offence against subsection (2) may be convicted of an
offence against subsection (3) which is established by the evidence.
(7) A person charged
with committing an offence against subsection (4) may be convicted of an
offence against subsection (5) which is established by the evidence.
[Section 49 inserted: No. 14 of 1998 s. 6;
amended: No. 54 of 2003 s. 36.]