PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 146E
Restrictions on release of balloons
PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 146E
Restrictions on release of balloons
146E Restrictions on release of balloons
(1) Offence of releasing balloons A person who releases 20 or more balloons at
or about the same time is guilty of an offence if the balloons are inflated
with a gas that causes them to rise in the air.
Maximum penalty (for a
corporation or an individual): 10 penalty units.
(2) Offence of causing or
permitting release of balloons A person who causes or permits the release
(whether by one or more than one person) of 20 or more balloons at or about
the same time is guilty of an offence if the balloons are inflated with a gas
that causes them to rise in the air.
Maximum penalty (for a corporation or an
individual): 10 penalty units.
(3) Aggravated offence A person is guilty of
an aggravated offence under this subsection if the person commits an offence
under subsection (1) or (2) and the number of balloons released is more than
100.
: Maximum penalty (instead of any penalty under subsection (1) or (2))--
• in the case of a corporation--55 penalty units, or
• in the case
of an individual--33 penalty units.
(4) Exceptions Subsections (1)-(3) do not
apply if--
(a) the balloons are released unintentionally and without
negligence, or
(b) the balloons are released inside a building or structure
and do not make their way into the open air, or
(c) the balloons are hot air
balloons that are recovered after landing, or
(d) the balloons are released
for scientific (including meteorological) purposes.
(5) Aggravation not
proved If the court is satisfied that a person charged with an offence under
subsection (3) is not guilty of that offence but is satisfied on the evidence
that the person is guilty of an offence under subsection (1) or (2), the court
may find the person guilty of the offence under subsection (1) or (2), and the
person is liable to punishment accordingly.
(6) Evidence In any proceedings
under this section--
(a) it is not necessary for the prosecutor to establish
the exact number of balloons released, and
(b) evidence that a balloon rose
in the air after being released is, in the absence of evidence to the
contrary, evidence that the balloon was inflated with a gas that caused it to
rise in the air.