Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies in relation to any of the following acts (relevant acts)—
(a) an act that causes serious or material environmental harm or an environmental nuisance;
(b) an act that contravenes a noise standard;
(c) a deposit of a contaminant, or release of stormwater run-off, mentioned in section 440ZG.
Editor's note—
See chapter 8, part 3 (Offences relating to environmental harm), section 440Q (Offence of contravening a noise standard) and section 440ZG (Depositing prescribed water contaminants in waters and related matters).
(2) A relevant act is unlawful unless it is authorised to be done under—
(a) an environmental protection policy; or
(b) a transitional environmental program; or
(c) an environmental protection order; or
(d) an environmental authority; or
(e) a development condition of a development approval; or
(f) a standard environmental condition of a code of environmental compliance for a chapter 4 activity; or
(g) an emergency direction.
(3) However, it is a defence to a charge of unlawfully doing a relevant act to prove—
(a) the relevant act was done while carrying out an activity that is lawful apart from this Act; and
(b) the defendant complied with the general environmental duty.
(4) The defendant is taken to have complied with the general environmental duty if the defendant proves—
(a) an accredited ERMP applied to the doing of the relevant act; and
(b) to the extent it is relevant, the defendant complied with the ERMP.
(5) The defendant is also taken to have complied with the general environmental duty if the defendant proves—
(a) an approved code of practice applied to the doing of the relevant act; and
(b) to the extent it is relevant, the defendant complied with the code; and
(c) no accredited ERMP applied to the doing of the relevant act.
(6) A reference in this section to an act includes an omission and a reference to doing an act includes making an omission.