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.”.