Western Australian Current Acts Western Australian Current Acts (1) Subject to
section 58 and subsection (2), it shall be a defence to proceedings for an
offence under this Part in respect of an emission or an act causing
environmental harm if the person charged with that offence proves that —
(a) that
emission or act occurred —
(i)
for the purpose of preventing danger to human life or
health or irreversible damage to a significant portion of the environment; or
(ii)
as a result of an accident caused otherwise than by the
negligence of that person,
and that the occupier
of the premises, if any, from which that emission or act occurred took all
reasonable precautions to prevent that emission or act; and
(b) as
soon as was reasonably practicable after that emission or act that person
notified particulars thereof in writing to the CEO.
(1AA) Subject to section 58 and subsection (2), it
shall be a defence to proceedings for an offence under section 49A(2) or (3)
if the person charged with the offence proves that —
(a) the
waste was discharged or abandoned —
(i)
for the purpose of preventing danger to human life or
health or irreversible damage to a significant proportion of the environment;
or
(ii)
as a result of an accident caused otherwise than by the
negligence of that person;
and
(b) as
soon as was reasonably practicable after the waste was discharged or abandoned
that person notified particulars of the discharge or abandonment in writing to
the CEO.
(1a) Subject to
subsection (2), it shall be a defence to proceedings for a Tier 1 offence if
the person charged with that offence proves that —
(a) the
person took reasonable precautions and exercised due diligence to prevent the
commission of the offence; and
(b) as
soon as was reasonably practicable after the occurrence that gave rise to the
charge the person notified particulars of the occurrence in writing to the
CEO.
(2) The defence
referred to in subsection (1), (1AA) or (1a) is not available to a person
unless he notifies the CEO of his intention to rely on that defence within 21
days after the day on which —
(a) the
relevant summons is served on him; or
(b) if
no summons is served on him in respect of the relevant offence, he is informed
of the place and time at which he is alleged to have committed that offence
and of the nature of that offence.
[Section 74 amended: No. 73 of 1994 s. 4; No. 14
of 1998 s. 9; No. 54 of 2003 s. 54 and 140(2); No. 48 of 2010 s. 6.]