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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a)
to prevent illegal waste dumping by making it an offence to transport
waste to a place that cannot lawfully be used as a waste facility for that
waste.
(b)
to make it clear that a direction may be given to a person in relation to
waste even though the waste is no longer in the possession or under the
control of the person.
(c)
to empower an authorised officer to direct the owner or occupier of any
land not to receive any waste on that land or to cause or allow any
waste to be deposited on that land.
(d)
to clarify the power to make regulations under the Waste Minimisation
and Management Act 1995 with respect to the provision of information
about matters relating to waste.
(e)
to make minor and consequential amendments to the Enviromental
Offences and Penalties Act 1989.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the Waste
Minimisation and Management Act 1995 set out in Schedule 1.
Clause 4 is a formal provision giving effect to the amendments to the
Environmental Offences and Penalties Act 1989 set out in Schedule 2.
Schedule 1
Amendment of Waste Minimisation and
Management Act 1995
Illegal waste dumping
At present under section 63 of the Waste Minimisation and Management Act
1995. it is an offence to dispose of waste on land without the consent of the
owner or occupier of the land. Even though it is an offence under section 64
of the Act for the owner or occupier of the land to cause. permit or allow the
land to be used as an unlawful waste facility. the person who transports or
owns the waste can dump i t anywhere so long as they do so with lawful
authority (ie if they obtain the consent of the owner or occupier of the land).
Schedule 1 [2] replaces section 63 to make it an offence for a person to
transport (ie convey and deposit) waste to a place that cannot lawfully be
used as a waste facility for the waste. If waste is transported in contravention
of the proposed section. both the transporter and the owner (eg the person
who owned the waste before it was transported) will be guilty of an offence
against the Environmental Offences and Penalties Act 1989 ("the EOP Act").
The defendant will have the onus of proving that the place to which the waste
was transported can lawfully be used as a waste facility for the waste.
However, it will be a defence if the defendant establishes that the owner or
occupier of the place gave the defendant (or displayed at the place) an
approved notice certifying that the place could lawfully be used as a waste
facility for the waste. Schedule 1 [5] provides that it will be an offence for
the owner or occupier to falsely certify that the place could lawfully be used
as such a waste facility.
Schedule 1 [ 1 ] makes a consequential amendment to the heading to Part 6 of
the Act.
Explanatory note page 2
Directions relating to waste
Section 65 presently empowers an authorised officer of the EPA to give a
direction to a person about certain matters involving any waste created by, or
in the possession or under the control of, the person, and section 68 presently
empowers the EPA to require a person to provide information in connection
with any waste created by, or in the possession or under the control of, the
person. Schedule 1 [3] and [4] make it clear that such directions may be
given in respect of, or in connection with, any waste that is no longer in the
possession or under the control of the person concerned.
Schedule 1 [3] also empowers an authorised officer to direct the owner or
occupier of any land not to receive waste or cause or allow any waste to be
deposited on that land. Failure to comply with such a direction will be an
offence against the EOP Act.
Other amendments
Schedule 1 [6] makes it clear that regulations may be made for or with
respect to the provision of information about any matter relating to waste,
and that this power will include the provision of information about the
operation of waste facilities and the transportation of waste. Schedule 1 [7] is
a consequential amendment.
Schedule 1 [ 8 ] enables regulations of a savings or transitional nature to be
made as a consequence of the enactment of the proposed Act. Schedule 1 [9]
is a consequential amendment.
Schedule 2
Amendment of Environmental Offences and
Penalties Act 1989
Schedule 2 [1] brings the definition of waste in the EOP Act more into line
with the definition in the Waste Minimisation and Management Act 1995.
Schedule 2 [3] makes special provision for the penalties for the offences
arising under sections 65 and 68 of the Waste Minimisation and Management
Act 1995 (ie failing to comply with a direction or with a notice to provide the
EPA with information). The maximum penalty for an offence arising under
section 65 will be $15,000 (plus a penalty of $7.000 for each day the offence
continues). and the maximum penalty for an offence arising under section 68
will be $10,000 (plus a penalty of $5,000 for each day the offence continues).
Schedule 2 [2], [ 4 ] and [5] are consequential amendments.
Explanatory note page 3