Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies to a proceeding for an offence against section 440 or 440Q in which it is claimed the defendant caused environmental nuisance or contravened a noise standard by an emission made from a person, place or thing (the alleged source).
Editor's note—
section 440 (Offence of causing environmental nuisance) or 440Q (Offence of contravening a noise standard)
(2) An authorised person may give evidence, without any need to call further opinion evidence, that the authorised person formed the opinion based on the authorised person's own senses that—
(a) the emission was made from the alleged source and travelled to another place; and
(b) for an offence against section 440—the level, nature or extent of the emission within the other place was an unreasonable interference with an environmental value.
(3) Evidence may be given under subsection (2) whether or not another emission was made to the other place from a person, place or thing other than the alleged source.
(4) In this section—
emission means an emission of aerosols, fumes, light, noise, odour, particles or smoke.