Environmental Protection Act 1990

25 Onus of proof as regards techniques and evidence.E+W+S

(1)In any proceedings for an offence under section 23(1)(a) above consisting in a failure to comply with the general condition implied in every authorisation by section 7(4) above, it shall be for the accused to prove that there was no better available technique not entailing excessive cost than was in fact used to satisfy the condition.

(2)Where—

(a)an entry is required under section 7 above to be made in any record as to the observance of any condition of an authorisation; and

(b)the entry has not been made;

that fact shall be admissible as evidence that that condition has not been observed.