(1) A person must not illegally dump waste at a place.
Penalty—
Maximum
penalty—
(a) if the offence involves depositing a volume of less than 2,500L
of waste—400 penalty units; or
(b) if the offence involves depositing a
volume of 2,500L or more of waste—whichever is the greater of the following
amounts—
(i) 1,000 penalty units;
(ii) a fine that is twice the waste levy
amount that would have been payable, when the waste was dumped, by the
operator of a levyable wastedisposal site if the waste had been delivered to
the site.
Note—
If a corporation commits an offence against this provision, an
executive officer of the corporation may be taken, under section 268, to have
also committed the offence.
(2) For subsection (1) , a person illegally
dumps waste at a place if the person deposits at the place an amount of waste
that is 200L or more in volume.
(3) However, a person who deposits at a place
an amount of waste of 200L or more in volume (the
"relevant waste" ) does not illegally dump the relevant waste if—
(a) the
person is an occupier of the place; or
(b) the person deposits the
relevant waste with the consent of an occupier of the place; or
(c) the
person deposits the waste by placing it in a bin or other container provided
by an occupier of the place, or by another person with the agreement of an
occupier, for the purpose of depositing the relevant waste.
(4) Despite
subsection (3) , a person who deposits at a place on a road an amount of waste
of 200L or more in volume (also the
"relevant waste" )—
(a) commits an offence under subsection (1) even if the
person is an occupier of the place, or deposits the relevant waste with the
consent of an occupier of the place; but
(b) does not commit an offence under
subsection (1) if the person deposits the relevant waste by placing it in a
bin or other container provided by an occupier of the place, or by another
person with the agreement of an occupier, and located at the place, for the
purpose of depositing the relevant waste.
(5) Two or more deposits of waste
at a place are taken to be 1 deposit of waste for this section if they
together constitute a connected series of deposits.
Example—
A connected
series of 3 deposits of waste at a place, each of a volume of approximately
80L, would constitute the deposit at the place of an amount of waste that is
more than 200L in volume.
