South Australian Current Acts South Australian Current Acts84—Defence where alleged contravention of Part
(1) In any proceedings
(criminal or civil) where it is alleged that a person contravened this Part,
it will be a defence—
(a)
if—
(i)
maximum pollution levels were fixed for the particular
pollutant and form of pollution concerned in the alleged contravention by
mandatory provisions of an environment protection policy or conditions of an
environmental authorisation held by the person, or both; and
(ii)
it is proved that the person did not by so polluting the
environment contravene the mandatory provisions or conditions; or
(b)
if—
(i)
an environment protection policy or conditions of an
environmental authorisation provided that compliance with specified provisions
of the policy or with specified conditions of the authorisation would satisfy
the general environmental duty in relation to the form of pollution concerned
in the alleged contravention; and
(ii)
it is proved that the person complied with the provisions
or with such conditions of an authorisation held by the person; or
(c) if
it is proved that the pollution resulted in actual or potential harm only to
that person or that person's property, or to some other person or some other
person's property with that other person's consent.
(1a)
Subsection (1)(c) does not apply where—
(a) the
property harmed comprises water occurring naturally above or under the ground
or water introduced to an aquifer or other area under the ground; or
(b) the
pollution resulted in site contamination.
(2) The defences
provided by this section are in addition to and do not derogate from the
general defence under Part 15.