Protection of the Environment Act 2003
|
Amendment of section 32 of Act of 1996. |
29.—Section 32(6) of the Act of 1996 is amended— | |
(a) by inserting in paragraph (b), after “under this Act”, “,a permit, authorisation or certificate referred to in section 39(5)(c) (inserted by Statutory Instrument No. 166 of 1998 )”, | ||
(b) by inserting the following paragraph after paragraph (b): | ||
“(c) In a prosecution for a contravention of subsection (1), where it is proved that— | ||
(i) a waste collection permit or waste licence under this Act, a permit, authorisation or certificate referred to in section 39(5)(c) or a licence or revised licence under Part IV of the Act of 1992 was required for the carrying on of the activity concerned, and | ||
(ii) such a permit, licence, authorisation or certificate was not in force in respect of the carrying on of that activity or was not being complied with in any respect, | ||
then it shall be presumed, until the contrary is shown, that the carrying on of that activity was likely to cause environmental pollution.”. |