Protection of the Environment Operations Act 1997 No 156
Historical version for 6 July 2009 to 16 July 2009 (accessed 20 December 2014 at 02:48) Current version
Chapter 5

Chapter 5 Environment protection offences

Part 5.1 Classification of offences

114   Classification of offences

(1)  Tier 1 offences are the offences under Part 5.2.
(2)  Tier 2 offences are all other offences under this Act or the regulations.
(3)  Tier 3 offences are tier 2 offences that may be dealt with under Part 8.2 by way of penalty notice.

Part 5.2 Tier 1 offences

115   Disposal of waste—harm to environment

(1) Offence
If a person wilfully or negligently disposes of waste in a manner that harms or is likely to harm the environment:
(a)  the person, and
(b)  if the person is not the owner of the waste, the owner,
are each guilty of an offence.
(2) Defence—lawful authority
It is a defence in any proceedings against a person for an offence under this section if the person establishes that the waste was disposed of with lawful authority.
(3) Definitions
In this section:

dispose of waste includes to dump, abandon, deposit, discard, reject, discharge or emit anything that constitutes waste, and also includes to cause or permit the disposal of waste.

owner of waste includes, in relation to waste that has been disposed of, the person who was the owner of the waste immediately before it was disposed of.

116   Leaks, spillages and other escapes

(1)  If a person wilfully or negligently causes any substance to leak, spill or otherwise escape (whether or not from a container) in a manner that harms or is likely to harm the environment:
(a)  the person, and
(b)  if the person is not the owner of the substance, the owner,
are each guilty of an offence.
(2)  If:
(a)  the person in possession of the substance at the time of the leak, spill or other escape, or
(b)  the owner of any container from which the substance leaked, spilled or escaped, or
(c)  the owner of the land on which the substance or any such container was located at the time of the leak, spill or other escape, or
(d)  the occupier of the land on which the substance or any such container was located at the time of the leak, spill or other escape,
wilfully or negligently, in a material respect, caused or contributed to the conditions that gave rise to the commission of the offence under subsection (1), that person, owner or occupier is guilty of an offence.
(3)  A person may be proceeded against and convicted of an offence under subsection (2) whether or not a person has been proceeded against or convicted of an offence under subsection (1) in respect of the leak, spill or other escape.
(4)  It is a defence in any proceedings against a person for an offence under this section if the person establishes that the leak, spill or other escape was caused with lawful authority.
(5)  In this section:

container includes anything used for the purpose of storing, transporting or handling the substance concerned.

owner of a substance includes, in relation to a substance that has leaked, spilled or otherwise escaped, the person who was the owner of the substance immediately before it leaked, spilled or otherwise escaped.

117   Emission of ozone depleting substances

(1)  If a person wilfully or negligently causes any controlled substance (within the meaning of the Ozone Protection Act 1989) to be emitted into the atmosphere in contravention of the regulations under that Act and in a manner that harms or is likely to harm the environment:
(a)  the person, and
(b)  if the person is not the owner of the substance, the owner,
are each guilty of an offence.
(2)  In this section:

owner of a substance includes, in relation to a substance that has been emitted into the atmosphere, the person who was the owner of the substance immediately before it was emitted.

118   General defence for tier 1 offences

It is a defence in any proceedings against a person for an offence under this Part if the person establishes:
(a)  that the commission of the offence was due to causes over which the person had no control, and
(b)  that the person took reasonable precautions and exercised due diligence to prevent the commission of the offence.

119   Maximum penalty for tier 1 offences

A person who is guilty of an offence under this Part is liable, on conviction:
(a)  in the case of a corporation—to a penalty not exceeding $5,000,000 for an offence that is committed wilfully or $2,000,000 for an offence that is committed negligently, or
(b)  in the case of an individual—to a penalty not exceeding $1,000,000 or 7 years’ imprisonment, or both, for an offence that is committed wilfully or $500,000 or 4 years’ imprisonment, or both, for an offence that is committed negligently.

Part 5.3 Water pollution

120   Prohibition of pollution of waters

(1)  A person who pollutes any waters is guilty of an offence.
(2)  In this section:

pollute waters includes cause or permit any waters to be polluted.

121   Defence of authority conferred by regulation

(1)  The regulations may, for the purposes of this Part, regulate the carrying out of an activity that pollutes waters.
(2)  It is a defence in proceedings against a person for an offence against this Part if the person establishes that:
(a)  the pollution resulted from an activity regulated by such a regulation, and
(b)  the requirements of that regulation were not contravened.

122   Defence of authority conferred by licence

It is a defence in proceedings against a person for an offence under this Part if the person establishes that:
(a)  the pollution was regulated by an environment protection licence held by the person or another person, and
(b)  the conditions to which that licence was subject relating to the pollution of waters were not contravened.

123   Maximum penalty for water pollution offences

A person who is guilty of an offence under this Part is liable, on conviction:
(a)  in the case of a corporation—to a penalty not exceeding $1,000,000 and, in the case of a continuing offence, to a further penalty not exceeding $120,000 for each day the offence continues, or
(b)  in the case of an individual—to a penalty not exceeding $250,000 and, in the case of a continuing offence, to a further penalty not exceeding $60,000 for each day the offence continues.

Part 5.4 Air pollution

Division 1 General

124   Operation of plant (other than domestic plant)

The occupier of any premises who operates any plant in or on those premises in such a manner as to cause air pollution from those premises is guilty of an offence if the air pollution so caused, or any part of the air pollution so caused, is caused by the occupier’s failure:
(a)  to maintain the plant in an efficient condition, or
(b)  to operate the plant in a proper and efficient manner.

125   Maintenance work on plant (other than domestic plant)

The occupier of any premises who carries out maintenance work on any plant in or on those premises in such a manner as to cause air pollution from those premises is guilty of an offence if the air pollution so caused, or any part of the air pollution so caused, is caused by the occupier’s failure to carry out that work in a proper and efficient manner.

126   Dealing with materials

(1)  The occupier of any premises who deals with materials in or on those premises in such a manner as to cause air pollution from those premises is guilty of an offence if the air pollution so caused, or any part of the air pollution so caused, is caused by the occupier’s failure to deal with those materials in a proper and efficient manner.
(2)  In this section:

deal with materials means process, handle, move, store or dispose of the materials.

materials includes raw materials, materials in the process of manufacture, manufactured materials, by-products or waste materials.

127   Proof of causing pollution

To prove that air pollution was caused from premises, within the meaning of sections 124–126, it is sufficient to prove that air pollution was caused on the premises, unless the defendant satisfies the court that the air pollution did not cause air pollution outside the premises.

128   Standards of air impurities not to be exceeded

(1)  The occupier of any premises must not carry on any activity, or operate any plant, in or on the premises in such a manner as to cause or permit the emission at any point specified in or determined in accordance with the regulations of air impurities in excess of:
(a)  the standard of concentration and the rate, or
(b)  the standard of concentration or the rate,
prescribed by the regulations in respect of any such activity or any such plant.
(2)  Where neither such a standard nor rate has been so prescribed, the occupier of any premises must carry on any activity, or operate any plant, in or on the premises by such practicable means as may be necessary to prevent or minimise air pollution.
(3)  A person who contravenes this section is guilty of an offence.

129   Emission of odours from premises licensed for scheduled activities

(1)  The occupier of any premises at which scheduled activities are carried on under the authority conferred by a licence must not cause or permit the emission of any offensive odour from the premises to which the licence applies.
(2)  It is a defence in proceedings against a person for an offence against this section if the person establishes that:
(a)  the emission is identified in the relevant environment protection licence as a potentially offensive odour and the odour was emitted in accordance with the conditions of the licence directed at minimising the odour, or
(b)  the only persons affected by the odour were persons engaged in the management or operation of the premises.
(3)  A person who contravenes this section is guilty of an offence.

130   Provisions prevail

(1)  Sections 124, 125 and 126 have effect despite anything contained in section 128 or 129.
(2)  Section 129 has effect despite anything contained in section 128.

131   Exclusion of residential premises

This Division does not apply to plant or materials, or the carrying on of an activity, in or on premises used only for residential purposes.

132   Maximum penalty for air pollution offences

A person who is guilty of an offence under this Division is liable, on conviction:
(a)  in the case of a corporation—to a penalty not exceeding $1,000,000 and, in the case of a continuing offence, to a further penalty not exceeding $120,000 for each day the offence continues, or
(b)  in the case of an individual—to a penalty not exceeding $250,000 and, in the case of a continuing offence, to a further penalty not exceeding $60,000 for each day the offence continues.

Division 2 Air pollution from fires

133   Prohibition by EPA of burning in open air or incinerators

(1)  This section applies if the EPA is of the opinion that weather conditions are such that the burning of fires in the open or in incinerators while those conditions persist will contribute or is likely to contribute to air pollution to such an extent that the making of an order under this section is warranted.
(2)  The EPA may, by order published in accordance with this section, prohibit, unconditionally or conditionally, the burning of fires in the open or in all or any specified classes of incinerators.
(3)  An order under this section has effect for such period (not exceeding 7 days) as is specified in the order, but may be revoked by a further order under this section.
(4)  An order under this section must be:
(a)  published in a daily newspaper circulating throughout the State not later than on the day on which the order is to take effect, or
(b)  broadcast by radio or television throughout the area of the State to which it relates not later than on the eve of the day on which the order is to take effect.
(5)  An order under this section may be limited in any way specified in the order, including:
(a)  to specified areas or classes of areas,
(b)  to specified persons or classes of persons,
(c)  to specified times or circumstances,
(d)  to specified purposes or classes of purposes.
(6)  An order under this section has effect even though it prohibits burning that is permitted by any regulation relating to the burning of fires.

134   Directions by authorised officers concerning fires

(1)  This section applies if an authorised officer is of the opinion that a fire is burning in or on any premises and:
(a)  the fire is prohibited by an order of the EPA under this Division or by the regulations, or
(b)  air pollution from the fire is injurious to the health of any person or is causing or is likely to cause serious discomfort or inconvenience to any person.
(2)  The authorised officer may, by notice in writing given to:
(a)  the occupier of the premises or person apparently in charge of the premises, or
(b)  the person apparently in charge of the fire,
direct the occupier or other person to whom the notice is given to extinguish the fire immediately.
(3)  The authorised officer may, by that notice, also direct the occupier or other person not to light or maintain a similar fire in or on the premises during such period (not exceeding 48 hours) as is specified in the notice.
(4)  A notice under this section may be revoked by a further notice under this section.

135   Offence

A person who, without reasonable excuse, does not comply with an order or notice under this Division is guilty of an offence.

Maximum penalty: 30 penalty units.

Division 3 Domestic air pollution

135A   Definitions

In this Division:

chimney means a chimney, flue, pipe or other similar means of conveying smoke emitted inside residential premises to the outside.

excessive smoke means the emission of a visible plume of smoke from a chimney for a continuous period of not less than 10 minutes, including a period of not less than 30 seconds when the plume extends at least 10 metres from the point at which the smoke is emitted from the chimney.

residential premises means premises used wholly or partly as a residence.

135B   Smoke abatement notices

(1)  If it appears to an authorised officer of an appropriate regulatory authority that is a local authority that excessive smoke is being, or has at any time within the past 7 days been, emitted from a chimney on or in residential premises, the officer may give the person whom the officer believes to be the occupier of the premises a smoke abatement notice directing the person to ensure that excessive smoke is not emitted from the chimney at any time after 21 days following the giving of the notice.
(2)  A smoke abatement notice is to be in writing.
(3)  A smoke abatement notice ceases to have effect 6 months after the day on which it is given or when it is revoked, whichever occurs first.
(4)  This section does not apply to a chimney that is in or on an incinerator or is used only in relation to smoke originating from outside a residence.

135C   Contravention of smoke abatement notices

(1)  A person to whom a smoke abatement notice has been given must not, without reasonable excuse, fail to comply with the notice while the notice remains in force.

Maximum penalty: 30 penalty units.

(2)  A smoke abatement notice does not prevent the emission of smoke that is not excessive smoke.
(3)  In any proceedings for an offence under this section, a document signed by the authorised officer of an appropriate regulatory authority who issued a smoke abatement notice certifying that the officer had, at a specified time and place:
(a)  observed a plume of smoke being emitted from a chimney on or in premises specified in the certificate for a continuous period of not less than 10 minutes, and
(b)  observed during that period a plume of smoke extending at least 10 metres from the point at which the smoke was emitted from the chimney for a period of not less than 30 seconds,
is evidence of the matters so certified, unless the contrary is proved.

135D   Revocation of smoke abatement notices

A smoke abatement notice may be revoked by the appropriate regulatory authority for which the person who gave the notice is an authorised officer.

Part 5.5 Noise pollution

136   Sale of articles emitting more than prescribed noise

(1)  A person who, whether on the person’s own behalf or on behalf of another person, sells any article of a class prescribed by the regulations for the purposes of this section is guilty of an offence if, when in use or operation, the article emits noise that, when measured at any point specified in or determined in accordance with the regulations, is in excess of the prescribed level.
(2)  The articles that may be prescribed for the purposes of this section extend to plant, motor or other vehicles, vessels or other things of any description.

137   Sale of articles required to be fitted with noise control equipment

(1)  A person who, whether on the person’s own behalf or on behalf of another person, sells any article of a class prescribed by the regulations for the purposes of this subsection is guilty of an offence if the article is not fitted in the prescribed manner with noise control equipment of a prescribed class.
(2)  A person who, whether on the person’s own behalf or on behalf of another person, sells any article of a class prescribed by the regulations for the purposes of this subsection is guilty of an offence if the noise control equipment with which it is fitted has not been maintained in accordance with the regulations.
(3)  It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that the defendant took all reasonable steps to ensure that the equipment was maintained as required by the regulations.
(4)  The articles that may be prescribed for the purposes of this section extend to plant, motor or other vehicles, vessels or other things of any description.

138   Defence—sale of articles

It is a defence in any proceedings against a person for an offence under section 136 or 137 if the person establishes:
(a)  that the offence was committed by the person in the course of the person’s employment by another person, or
(b)  that on, or in the event of, the sale of the article to which the offence relates, the person received or was to be paid remuneration, by way of commission, from a person other than the owner of the article.

139   Operation of plant

The occupier of any premises who operates any plant (other than control equipment) at those premises in such a manner as to cause the emission of noise from those premises is guilty of an offence if the noise so caused, or any part of it, is caused by the occupier’s failure:
(a)  to maintain the plant in an efficient condition, or
(b)  to operate the plant in a proper and efficient manner.

140   Dealing with materials

(1)  The occupier of any premises who deals with materials in or on premises in such a manner as to cause the emission of noise from those premises is guilty of an offence if the noise so caused, or any part of it, is caused by the occupier’s failure to deal with those materials in a proper and efficient manner.
(2)  In this section:

deal with materials means process, handle, move, store or dispose of the materials.

materials includes raw materials, materials in the process of manufacture, manufactured materials, by-products, or waste materials.

141   Maximum penalty for noise offences

A person who is guilty of an offence under this Part is liable, on conviction:
(a)  in the case of a corporation—to a penalty not exceeding $1,000,000 and, in the case of a continuing offence, to a further penalty not exceeding $120,000 for each day the offence continues, or
(b)  in the case of an individual—to a penalty not exceeding $250,000 and, in the case of a continuing offence, to a further penalty not exceeding $60,000 for each day the offence continues.

Part 5.6 Land pollution and waste

Division 1 Preliminary

142   Definition

In this Part:

land does not include waters.

Division 2 Land pollution

142A   Pollution of land

(1)  A person who pollutes land is guilty of an offence.

Maximum penalty:

(a)  in the case of a corporation—$1,000,000, and in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues, or
(b)  in the case of an individual—$250,000, and in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues.

(2)  In this section:

pollute land includes cause or permit any land to be polluted.

142B   Defence of authority conferred by regulation

(1)  The regulations may, for the purposes of this Division, regulate the carrying out of an activity that pollutes land.
(2)  It is a defence in proceedings for an offence under this Division if the person establishes that:
(a)  the pollution resulted from an activity regulated by such a regulation, and
(b)  the requirements of that regulation were not contravened.

142C   Defence of authority conferred by licence

It is a defence in proceedings for an offence under this Division if the person establishes that:
(a)  the pollution was regulated by an environment protection licence held by the person or another person, and
(b)  the conditions to which that licence was subject relating to the pollution of land were not contravened.

142D   Defences relating to pesticides and fertilisers and other substances

(1)  It is a defence in proceedings for an offence under this Division if the person establishes that the substance placed in or on, or otherwise introduced into or onto, land is any of the following:
(a)  a pesticide (within the meaning of the Pesticides Act 1999) placed in or on, or otherwise introduced into or onto the land, in the course of being used within the meaning of that Act,
(b)  a fertiliser, liming material or trace element product within the meaning of the Fertilisers Act 1985 that may lawfully be sold as such,
(c)  non-hazardous agricultural or crop waste, including stock feed made solely from such waste,
(d)  manure,
(e)  virgin excavated natural material,
(f)  biosolids or any other substances prescribed by the regulations for the purposes of this section.
(2)  Words and expressions used in this section have the meanings prescribed by the regulations.

142E   Defences relating to unlicensed landfills

It is a defence in proceedings for an offence under this Division if the person establishes that a substance was placed in or on, or otherwise introduced into or onto, land that was an unlicensed landfill site notified to the EPA in accordance with, and operated in accordance with, any requirements of the regulations.

Division 3 Waste offences

143   Unlawful transporting or depositing of waste

(1) Offence
If a person transports waste to a place that cannot lawfully be used as a waste facility for that waste, or causes or permits waste to be so transported:
(a)  the person, and
(b)  if the person is not the owner of the waste, the owner,
are each guilty of an offence.

Maximum penalty:

(a)  in the case of a corporation—$1,000,000, or
(b)  in the case of an individual—$250,000.

(2) Proof of lawfulness
In any proceedings for an offence under this section the defendant bears the onus of proving that the place to which the waste was transported can lawfully be used as a waste facility for that waste.
(3) Defence—owner of waste
It is a defence in any proceedings against an owner of waste for an offence under this section if the owner did not transport the waste and establishes:
(a)  that the commission of the offence was due to causes over which the owner had no control, and
(b)  that the owner took reasonable precautions and exercised due diligence to prevent the commission of the offence.
(3A) Defence—approved notice
It is a defence in any proceedings for an offence under this section if the defendant establishes that:
(a)  an approved notice was, at the time of the alleged offence, given to the defendant by the owner or occupier of the place to which the waste was transported or was displayed at the place, and
(b)  the approved notice stated that the place could lawfully be used as a waste facility for the waste, and
(c)  the defendant had no reason to believe that the place could not lawfully be used as a waste facility for the waste.
(3B)  However, it is not a defence in such proceedings for the defendant to establish that the defendant relied on the advice (other than advice in the form of an approved notice) given by the owner or occupier concerned to the effect that the place could, at the time of the alleged offence, be lawfully used as such a waste facility.
(3C) Defence—waste not deposited
It is a defence in any proceedings for an offence under this section if the defendant establishes that the waste transported by the defendant was not deposited by the defendant or any other person at the place to which it was transported.
(4) Definitions
In this section:

approved notice means a notice, in a form approved by the EPA:

(a)  stating that the place to which the notice relates can lawfully be used as a waste facility for the waste specified in the notice, and
(b)  that contains a certification by the owner or occupier of the place that the statement is correct.

owner of waste includes, in relation to waste that has been transported, the person who was the owner of the waste immediately before it was transported.

144   Use of land as waste facility without lawful authority

(1)  A person who is the owner or occupier of any land and who uses the land, or causes or permits the land to be used, as a waste facility without lawful authority is guilty of an offence.

Maximum penalty:

(a)  in the case of a corporation—$1,000,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues, or
(b)  in the case of an individual—$250,000 and, in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues.

(2)  In any proceedings for an offence under this section the defendant bears the onus of proving that there is lawful authority to use the land concerned as a waste facility.

144AA   False or misleading information about waste

(1)  A person who supplies information, or causes or permits information to be supplied, that is false or misleading in a material respect about waste to another person in the course of dealing with the waste is guilty of an offence.

Maximum penalty:

(a)  in the case of a corporation—$250,000, or
(b)  in the case of an individual—$120,000.

(2)  It is a defence in any proceedings against a person for an offence under this section if the person establishes that the person took all reasonable steps to ensure that the information was not false or misleading in a material respect.
(3)  In this section, information is taken to be supplied to a person in the course of dealing with waste if it is supplied:
(a)  in the course of an activity relating to the sale or disposal of waste, or
(b)  in the course of an activity relating to the storage, transport, handling, deposit, transfer, processing, recycling, recovery, re-use or use of the waste.
(4)  In this section, information about waste means information about any of the following:
(a)  the type, classification, characteristics, composition or quantity of the waste,
(b)  the actual or proposed storage, transport, handling, deposit, transfer, disposal, processing, recycling, recovery, re-use or use of the waste,
(c)  the hazards or potential harm to the environment or human health associated with the waste or an activity referred to in paragraph (b).
(5)  In this section, information includes a record containing information.
(6)  Proceedings for an offence against this section may be instituted only by the EPA.

Part 5.6A Littering

144A   Definitions

In this Part:

advertising material means any paper product (including a leaflet, brochure or magazine), or other material thing, that contains advertising or promotional matter.

custodian of a place or vehicle means the person who owns the place or vehicle or who has the care, control or management of the place or vehicle.

depositing litter in or on a place includes:

(a)  dropping or throwing litter in, on, into or onto the place, or
(b)  leaving litter in or on the place, or
(c)  putting litter in such a location that it falls, descends, blows, is washed, percolates or otherwise escapes or is likely to fall, descend, blow, be washed, percolate or otherwise escape into or onto the place, or
(d)  causing, permitting or allowing litter to fall, descend, blow, be washed, percolate or otherwise escape into or onto the place.

litter includes:

(a)  any solid or liquid domestic or commercial refuse, debris or rubbish and, without limiting the generality of the above, includes any glass, metal, cigarette butts, paper, fabric, wood, food, abandoned vehicles, abandoned vehicle parts, construction or demolition material, garden remnants and clippings, soil, sand or rocks, and
(b)  any other material, substance or thing deposited in or on a place if its size, shape, nature or volume makes the place where it is deposited disorderly or detrimentally affects the proper use of that place,
deposited in or on a place, whether or not it has any value when or after being deposited in or on the place.

open private place means:

(a)  a private place that is situated in or on land and that is not within a building on the land, or
(b)  a private place that is situated in or on waters.

vehicle means:

(a)  any thing that is capable of transporting a person, including an aeroplane, vessel, bicycle, bus, car, horse, train or tram, or
(b)  any trailer that is attached to any such thing,
and includes a motor vehicle.

145   Littering generally

(1) Offence of littering
A person who deposits litter in or on a public place or an open private place is guilty of an offence.

Maximum penalty: 20 penalty units.

(2) Application of this section
This section applies whether the place is in or on land or is in or on waters, but (without limiting subsection (5) (b)) does not apply to a place or class of places prescribed by the regulations as being excluded from this section.
(3) Exceptions: public places
Subsection (1) does not apply to a person who deposited the litter in or on a public place, if the person:
(a)  deposited the litter in or on the place:
(i)  in a receptacle provided by the custodian of the place for the depositing of litter, and
(ii)  in accordance with any conditions specified by the custodian, by means of a notice displayed on or in the vicinity of the receptacle, in relation to the depositing of litter in the receptacle, or
(b)  placed a receptacle containing the litter in the place for the purpose of the litter being removed in the course of a litter removal service provided by the custodian of the place, or
(c)  deposited the litter in the place:
(i)  in response to an invitation contained in a notice published by the custodian of the place, and
(ii)  in accordance with any conditions specified in the notice in relation to the depositing of litter in that place, or
(d)  deposited the litter in the place with the express consent of the custodian of the place.
(4) Exceptions: open private places
Subsection (1) does not apply to a person who deposited the litter in or on an open private place, if the person:
(a)  deposited the litter in or on the place in any receptacle:
(i)  that is provided for the deposit of litter, and
(ii)  that is appropriate for litter of that size, shape, nature or volume, or
(b)  at the relevant time was the custodian of the place or was acting with the express or implied consent of the custodian of the place.
(5) Exceptions: generally
Subsection (1) does not apply to a person who deposited the litter in or on a place, if the person:
(a)  deposited the litter in the place under an authority conferred by or under this or any other Act or any Commonwealth Act, or
(b)  deposited the litter in accordance with any regulations made for the purposes of this section or in such circumstances as may be prescribed by any regulations made for the purposes of this section.

145A   Aggravated littering

(1) Aggravated littering
A person is guilty of the offence of aggravated littering under this section if the person commits an offence under section 145 in circumstances of aggravation.

Maximum penalty (instead of any penalty under section 145):

•  in the case of a corporation—50 penalty units, or
•  in the case of an individual—30 penalty units.

(2) Circumstances of aggravation
For the purposes of this section, circumstances of aggravation means circumstances in which the litter deposited by the alleged offender:
(a)  caused or contributed to appreciable danger or harm to any persons, animals, premises or property, or
(b)  was reasonably likely to cause or contribute to such danger or harm (whether or not any such danger or harm was actually caused),
because of the volume or kind of litter deposited, or the manner in which it was deposited, or the place in or on which it was deposited.
(3)  Without limiting subsection (2), a reference in that subsection to litter includes a reference to a lit cigarette.
(4)  For the purposes of this section, circumstances of aggravation also means circumstances in which the litter deposited by the alleged offender comprised or included a syringe. It is not necessary to establish, in relation to those circumstances, the matters referred to in subsection (2).
(5) Aggravation not proved
If the court is satisfied that a person charged with the offence of aggravated littering is not guilty of that offence but is satisfied on the evidence that the person is guilty of an offence under section 145, the court may find the person guilty of the offence under that section, and the person is liable to punishment accordingly.
(6) Definition
In this section:

syringe means a hypodermic syringe, and includes anything designed for use or intended to be used as part of such a syringe, and also includes a needle designed for use or intended to be used in connection with such a syringe.

146   Owners and drivers of motor vehicles and trailers involved in littering

(1) Offence
If litter is deposited from a motor vehicle, or from a trailer attached to a motor vehicle, contrary to section 145 or 145A, the following are taken to be guilty of an offence under that section:
(a)  in the case of litter deposited from a motor vehicle—the driver of the motor vehicle,
(b)  in the case of litter deposited from a motor vehicle—the owner of the motor vehicle,
(c)  in the case of litter deposited from a trailer attached to a motor vehicle—the owner of the trailer.
(2) Only one person liable
Subsection (1) does not affect the liability of the actual offender but, if a penalty has been imposed or recovered from any person in relation to the offence (whether the actual offender, the driver or the owner), no further penalty may be imposed on or recovered from any other person. In this subsection, penalty includes a penalty under a penalty notice.
(3) Exception for passenger vehicles
Subsection (1) does not apply if:
(a)  the motor vehicle is a bus, taxi or other public transport vehicle and is being used at the time to convey a public passenger, and
(b)  the litter was deposited by that passenger.
(4) Exception for stolen vehicles
Subsection (1) (b) does not apply if the motor vehicle was at the time a stolen motor vehicle or a motor vehicle illegally taken or used.
(4A) Exception for stolen trailers
Subsection (1) (c) does not apply if the trailer was at the time a stolen trailer or a trailer illegally taken or used.
(5) Exception for owner when not driver
Subsection (1) (b) or (c) does not apply if the owner was not in the motor vehicle, including the motor vehicle to which the trailer was attached, at the relevant time and:
(a)  gives notice in accordance with subsection (7) of the name and address of the person who was in charge of the motor vehicle at the relevant time, or
(b)  satisfies the officer who gave the penalty notice for the offence or the court dealing with the offence (as the case requires) that the owner did not know, and could not with reasonable diligence have ascertained, that name and address.

A notice under this subsection is, in proceedings against the person named in the notice for an offence under this Part, evidence that the person was driving the motor vehicle at the relevant time.

(6) Exception for driver when not offender
Subsection (1) (a) does not apply if the driver:
(a)  gives notice in accordance with subsection (7) of the name and address of the passenger in the motor vehicle who deposited the litter, or
(b)  satisfies the officer who gave the penalty notice for the offence or the court dealing with the offence (as the case requires) that the driver did not deposit the litter and did not know, and could not with reasonable diligence have ascertained, the name and address of the passenger who deposited the litter.

A notice under this subsection is, in proceedings against the person named in the notice for an offence under this Part, evidence that the person deposited the litter from the motor vehicle.

(7) Notice given by owner or driver
A notice for the purposes of subsection (5) or (6) must be verified by statutory declaration and:
(a)  if a penalty notice has been given for the offence—the notice must be given to an officer specified in the penalty notice for the purpose within 28 days after service of the penalty notice, or
(b)  if a court is dealing with the offence—the notice must be given to the prosecutor within 28 days after service of the summons or court attendance notice for the offence.
(8) False statements
A person who makes a statement for the purposes of subsection (5) or (6) knowing that it is false is guilty of an offence.

Maximum penalty: 10 penalty units.

146A   Depositing of advertising material

(1) Offence
A person must not deposit any advertising material in or on any place, other than:
(a)  in a receptacle that is provided for the deposit of mail, or
(b)  in a receptacle that is provided for the deposit of newspapers, or
(c)  under the door of any premises.

Maximum penalty: 5 penalty units.

(2) Application of this section
This section applies whether the place is a public place or a private place, and whether the place is in or on land or is in or on waters, but does not apply to the deposit of any advertising material in or on a vehicle.
(3) Exceptions
This section does not apply to the deposit of:
(a)  any newspaper, or any material folded or inserted in a newspaper, or
(b)  anything that is of such a size, shape or volume that it is not possible or appropriate for it to be deposited in accordance with subsection (1) (a)–(c), or
(c)  anything in a place by a person who is the custodian of the place or is acting with the express consent of the custodian of the place, or
(d)  anything by a person who deposits it in accordance with any regulations made for the purposes of this section or in such circumstances as may be prescribed by any regulations made for the purposes of this section.

146B   Advertising material not to be placed in or on vehicles

(1) Offence
A person must not deposit any advertising material in or on any vehicle.

Maximum penalty: 5 penalty units.

(2) Application of this section
This section applies whether the vehicle is situated in or on a public place or a private place.
(3) Exceptions
This section does not apply to the deposit of:
(a)  any material by a person who is the custodian of the vehicle or is acting with the express consent of the custodian of the vehicle, or
(b)  any material by a person who deposits it in accordance with any regulations made for the purposes of this section or in such circumstances as may be prescribed by any regulations made for the purposes of this section.
(4)  For the purposes of subsection (3) (a), a person is not the custodian of a vehicle parked at a parking station merely because the person is the custodian of the parking station. In this subsection, parking station means a place (such as a car park) provided for the parking of vehicles, and includes a place or place of a class prescribed by the regulations.

146C   Offence to cause or ask person to commit offence

A person must not cause, ask, require or induce, or attempt to cause, ask, require or induce, another person to do anything that contravenes or would contravene section 146A or 146B.

Maximum penalty:

•  in the case of a corporation—30 penalty units, or
•  in the case of an individual—7 penalty units.

146D   Littering reports

(1)  The EPA is required to furnish to the Minister a biennial report on littering.
(2)  The report is to contain estimates of the composition and quantity of litter, by reference to locations considered by the EPA to be places of significant littering activity.
(3)  The EPA must cause advertisements to be published setting out the proposed methodology to be used in compiling such reports and inviting comments from members of the public concerning the proposed methodology. The EPA must allow at least 30 days for such comments to be made, and must consider comments received within the time allowed.
(4)  The Minister is to cause a copy of each report to be laid before both Houses of Parliament within 30 sitting days after receiving the report.
(5)  If the Minister, after consideration of the report, is of the opinion that:
(a)  the managers or other persons responsible for any of the locations referred to in subsection (2), or
(b)  the producers of or other persons responsible for any products whose components or packaging comprise litter at any such locations,
are not acting in a manner that minimises littering, the Minister may make recommendations aimed at improving litter avoidance strategies.

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.

Part 5.7 Duty to notify pollution incidents

147   Meaning of material harm to the environment

(1)  For the purposes of this Part:
(a)  harm to the environment is material if:
(i)  it involves actual or potential harm to the health or safety of human beings or to ecosystems that is not trivial, or
(ii)  it results in actual or potential loss or property damage of an amount, or amounts in aggregate, exceeding $10,000 (or such other amount as is prescribed by the regulations), and
(b)  loss includes the reasonable costs and expenses that would be incurred in taking all reasonable and practicable measures to prevent, mitigate or make good harm to the environment.
(2)  For the purposes of this Part, it does not matter that harm to the environment is caused only in the premises where the pollution incident occurs.

148   Pollution incidents causing or threatening material harm to be notified

(1) Kinds of incidents to be notified
This Part applies where a pollution incident occurs in the course of an activity so that material harm to the environment is caused or threatened.
(2) Duty of person carrying on activity to notify
A person carrying on the activity must, as soon as practicable after the person becomes aware of the incident, notify the appropriate regulatory authority of the incident and all relevant information about it.
(3) Duty of employee engaged in carrying on activity to notify
A person engaged as an employee in carrying on an activity must, as soon as practicable after the person becomes aware of the incident, notify the employer of the incident and all relevant information about it. If the employer cannot be contacted, the person is required to notify the appropriate regulatory authority.
(3A) Duty of employer to notify
Without limiting subsection (2), an employer who is notified of an incident under subsection (3) or who otherwise becomes aware of a pollution incident which is related to an activity of the employer, must, as soon as practicable after being notified or otherwise becoming aware of the incident, notify the appropriate regulatory authority of the incident and all relevant information about it.
(4) Duty of occupier of premises to notify
The occupier of the premises on which the incident occurs must, as soon as practicable after the occupier becomes aware of the incident, notify the appropriate regulatory authority of the incident and all relevant information about it.
(5) Duty on employer and occupier to ensure notification
An employer or an occupier of premises must take all reasonable steps to ensure that, if a pollution incident occurs in carrying on the activity of the employer or occurs on the premises, as the case may be, the persons engaged by the employer or occupier will, as soon as practicable, notify the employer or occupier of the incident and all relevant information about it.
(6) Extension of duty to agents and principals
This section extends to a person engaged in carrying on an activity as an agent for another. In that case, a reference in this section to an employee extends to such an agent and a reference to an employer extends to the principal.
(7) Odour not required to be reported
This section does not extend to a pollution incident involving only the emission of an odour.

149   Manner and form of notification

(1)  If the regulations prescribe the manner or form of notifying pollution incidents under this Part, the notification is to conform to the requirements of the regulations.
(2)  Without limiting subsection (1), the regulations:
(a)  may require that verbal notification be followed by written notification, and
(b)  may provide that notification to a designated person or authority is taken to be notification to the relevant person or authority under this Part.

150   Relevant information to be given

The relevant information about a pollution incident required under this Part consists of the following:
(a)  the time, date, nature, duration and location of the incident,
(b)  the location of the place where pollution is occurring or is likely to occur,
(c)  the nature, the estimated quantity or volume and the concentration of any pollutants involved,
(d)  the circumstances in which the incident occurred (including the cause of the incident, if known),
(e)  the action taken or proposed to be taken to deal with the incident and any resulting pollution or threatened pollution,
(f)  other information prescribed by the regulations.

151   Incidents not required to be reported

(1)  A person is not required to notify a pollution incident under this Part if the person is aware that the incident has already come to the notice of the person or authority required to be notified.
(2)  A person is not required to notify a pollution incident under this Part if the incident is an ordinary result of action required to be taken to comply with an environment protection licence, an environment protection notice or other requirement of or made under this Act.

152   Offence

A person who contravenes this Part is guilty of an offence.

Maximum penalty:

(a)  in the case of a corporation—$1,000,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues, or
(b)  in the case of an individual—$250,000 and, in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues.

153   Incriminating information

(1)  A person is required to notify a pollution incident under this Part even though to do so might incriminate the person or make the person liable to a penalty.
(2)  Any notification given by a person under this Part is not admissible in evidence against the person for an offence or for the imposition of a penalty.
(3)  Subsection (2) does not apply to evidence obtained following or as a result of the notification.

Part 5.8 Motor vehicles

Division 1 Preliminary

154   Definitions

(1)  In this Part:

authorised officer means an authorised officer appointed by the EPA.

excessive air impurities—see subsection (2).

mass—see subsection (3).

petrol includes a mixture of petrol and any other substance, other than a prescribed mixture or a mixture of a prescribed class or description.

prescribed anti-pollution device means a device specified or described in the regulations and described there as being a device designed or intended to minimise air pollution caused by motor vehicles.

unleaded petrol means petrol:

(a)  that contains:
(i)  no lead or not more than the prescribed mass of lead per litre, and
(ii)  no phosphorus or not more than the prescribed mass of phosphorus per litre, and
(b)  that has a research octane number within the prescribed range.

(2)  For the purposes of this Part, a motor vehicle emits excessive air impurities if:
(a)  when in operation, it emits as determined in accordance with the regulations, air impurities in excess of the standard of concentration and the rate (or the standard of concentration or the rate) prescribed in respect of the class of motor vehicles to which the motor vehicle belongs, or
(b)  when tested in the prescribed manner, it emits air impurities in excess of the amount per test prescribed in respect of the class of motor vehicles to which the motor vehicle belongs.
(3)  For the purposes of this Part, the mass of an element contained in a specific volume of a substance may be determined by reference to the mass of the element present as a constituent of a compound contained in that volume.

Division 2 Sale and maintenance of motor vehicles

155   Sale of motor vehicles

A person who, whether on the person’s own behalf or on behalf of another person, sells a motor vehicle is guilty of an offence if it emits excessive air impurities.

Maximum penalty:

(a)  in the case of a corporation—$1,000,000, or
(b)  in the case of an individual—$250,000.

156   Sale of motor vehicles without anti-pollution devices

A person who, whether on the person’s own behalf or on behalf of another person, sells a motor vehicle is guilty of an offence if:
(a)  the regulations require motor vehicles of the class to which it belongs to be fitted with prescribed anti-pollution devices, and
(b)  the vehicle is not fitted in the prescribed manner with such a device.

Maximum penalty:

(a)  in the case of a corporation—$1,000,000, or
(b)  in the case of an individual—$250,000.

157   Adjustment etc of anti-pollution devices and motor vehicles

(1)  A person who:
(a)  removes, disconnects or impairs an anti-pollution device fitted to a motor vehicle, or
(b)  causes or permits any such device to be removed, disconnected or impaired,
is guilty of an offence.
(2)  A person who:
(a)  adjusts or modifies an anti-pollution device fitted to a motor vehicle, or
(b)  adjusts or modifies any part of a motor vehicle, or
(c)  causes or permits any such device or part to be adjusted or modified,
is guilty of an offence if the adjustment or modification results in the emission of excessive air impurities by the motor vehicle.
(3)  In this section:

anti-pollution device means a prescribed anti-pollution device, or any other device that is designed to minimise air pollution.

Maximum penalty:

(a)  in the case of a corporation—$1,000,000, or
(b)  in the case of an individual—$250,000.

158   Service or repair of motor vehicles

A person who:
(a)  services or repairs a motor vehicle, or
(b)  causes or permits a motor vehicle to be serviced or repaired,
in a manner prohibited by the regulations is guilty of an offence.

Maximum penalty:

(a)  in the case of a corporation—$1,000,000, or
(b)  in the case of an individual—$250,000.

159   Sale of motor vehicles not serviced, maintained or adjusted as prescribed

A person who, whether on the person’s own behalf or on behalf of another person, sells a motor vehicle is guilty of an offence if:
(a)  the regulations require motor vehicles of the class to which it belongs to be serviced, maintained or adjusted in a specified manner, and
(b)  the vehicle has not been serviced, maintained or adjusted in that manner.

Maximum penalty:

(a)  in the case of a corporation—$1,000,000, or
(b)  in the case of an individual—$250,000.

160   Defences

(1) Sale of motor vehicle
It is a defence to a prosecution for an offence under section 155, 156 or 159 if the defendant proves:
(a)  that the offence was committed by the defendant in the course of employment by another person, or
(b)  that upon, or in the event of, the sale of the motor vehicle, the defendant received or was to receive remuneration, by way of commission, from a person other than the owner of the motor vehicle.
(2) Sale of vehicle emitting excessive air impurities
It is a defence to a prosecution for an offence under section 155 if the defendant proves:
(a)  that the defendant took all reasonable and practicable steps to prevent the commission of the offence, and
(b)  that no visible air impurities were emitted by the motor vehicle.
(3) Removal, adjustment, modification etc resulting in excessive air impurities
It is a defence to a prosecution for an offence under section 157 if the defendant proves that the removal, disconnection, impairment, adjustment or modification was done:
(a)  in order to service, repair or replace the anti-pollution device or the part of the motor vehicle concerned, or to improve its efficiency with respect to minimising air pollution, or
(b)  as a temporary measure, in order to facilitate the service or repair of a motor vehicle, or
(c)  in order to facilitate the use of a motor vehicle for motor racing or off-road motor sport (being a motor vehicle that immediately before that removal or other action was not registrable under the Road Transport (Vehicle Registration) Act 1997) and that the vehicle is to be used in that condition only in the competition itself.
(4) Adjustment or modification resulting in excessive air impurities
It is a defence to a prosecution for an offence under section 157 (2) if the defendant proves that, at the time the offence was committed:
(a)  the defendant did not know and could not reasonably be expected to have known that the motor vehicle emitted excessive air impurities, and
(b)  no visible air impurities were emitted by the motor vehicle.
(5) Sale of vehicle required to be serviced as prescribed
It is a defence to a prosecution for an offence under section 159 if the defendant proves that the defendant took all reasonable steps to ensure that the motor vehicle was serviced, maintained or adjusted as required by the regulations.
(6) Sale of vehicle for use in competitive sport
It is a defence to a prosecution for an offence under section 155 or 156, if the defendant proves that the motor vehicle:
(a)  was constructed or has been modified solely for use in motor racing or off-road motor sport, and
(b)  was not registrable under the Road Transport (Vehicle Registration) Act 1997.

161   Notices

(1) Notice to repair
An authorised officer may, by notice in writing given to the owner of a motor vehicle which the officer reasonably suspects emits excessive air impurities, direct the owner to cause it to be serviced or repaired, within a specified period of time, so that it no longer emits excessive air impurities.
(2) Notice regarding anti-pollution devices
An authorised officer may, by notice in writing given to the owner of a motor vehicle, direct the owner:
(a)  if the vehicle is not fitted with every prescribed anti-pollution device required by the regulations to be fitted to it—to cause it to be fitted with specified prescribed anti-pollution devices, or
(b)  if any device fitted to the vehicle (being a prescribed anti-pollution device or any other device designed to minimise air pollution) has been removed, disconnected or impaired—to cause the device to be refitted, reconnected or repaired, or
(c)  if any such device or any part of the vehicle has been so adjusted or modified that, as a result, the vehicle emits excessive air impurities—to cause the device or part to be readjusted or restored,
within a specified period of time.
(3) Revoking or varying notice
A notice given under this section in respect of a motor vehicle may be revoked or varied by an authorised officer by further notice in writing given to the owner of the vehicle.
(4) Offence
A person who uses a motor vehicle in respect of which a notice has been given under this section, or causes or permits it to be used, is guilty of an offence if at that time:
(a)  the person knows that the notice has been given, and
(b)  the notice has not been revoked, and
(c)  the period of time specified in the notice has expired, and
(d)  the notice has not been complied with.

Maximum penalty: 60 penalty units.

(5) Affixing label to vehicle
If an authorised officer has given a notice under this section in respect of a motor vehicle, the authorised officer may affix to the windscreen of the vehicle or otherwise conspicuously affix to the vehicle a prescribed label.
(6) Driving permitted for limited purposes
A motor vehicle may be driven to a place for the purpose of:
(a)  having the work required by a notice under this section carried out, or
(b)  having a label affixed under this section removed by (or with the authority of) an authorised officer after the required work has been done or the notice has been revoked, or
(c)  having the vehicle inspected by an authorised officer or a person authorised by such an officer, or
(c1)  having the vehicle tested or inspected by a person approved by the EPA for the purposes of section 207 (2) (c), or
(d)  returning from having any such work done or vehicle tested or inspected,
without contravening subsection (4).
(7) Removal of label
A person (other than an authorised officer or person acting with the authority of such an officer) who removes a prescribed label affixed to a motor vehicle under this section or obliterates or interferes with any such label is guilty of an offence.

Maximum penalty: 60 penalty units.

162   Minister’s power to prohibit use of motor vehicles in certain circumstances

(1) Ministerial orders
The Minister may, by written order, prohibit the use of all or any class of motor vehicles, in any area specified in the order and at all times, or during particular times, as may be so specified.
(2) Purpose of order
The Minister may make such an order if satisfied that it is warranted in order to prevent or minimise harm to the environment or injury to public health.
(3) Period of operation of order
Any such order has effect:
(a)  on its publication in such manner as may be specified in the regulations, and
(b)  for such period as may be specified in the order or, if no period is so specified, until it is revoked.
(4) Publication of order
The regulations may provide for the publication of any such order by means of a newspaper or television, by the display of notices or by any other method specified in the regulations.
(5) Offence
A person who contravenes any such order is guilty of an offence.

Maximum penalty:

(a)  in the case of a corporation—$1,000,000, or
(b)  in the case of an individual—$250,000.

Division 3

163, 164(Repealed)

Division 4 Registration of motor vehicles

165   Suspension of registration

(1)  The EPA may, by notice in writing to the owner of the motor vehicle, suspend the registration of a motor vehicle under the Road Transport (Vehicle Registration) Act 1997:
(a)  if the motor vehicle has not been presented for inspection in accordance with the requirements of a notice under this Part or of any other provision of or made under this Act, or
(b)  if the motor vehicle is in such a condition that its sale or use in that condition would constitute an offence under this Act or the regulations.
(2)  The EPA may remove any such suspension if satisfied, after inspecting or testing the motor vehicle, that the sale or use of the motor vehicle would no longer constitute an offence under this Act or the regulations.
(3)  The EPA must give written notice of any suspension, or removal of suspension, to the Roads and Traffic Authority.
(4)  The suspension of registration of a motor vehicle takes effect when notice of the suspension is given to the owner of the motor vehicle or, if a later time is specified in the notice, at that later time.
(5)  The suspension of registration of a motor vehicle does not have effect while the vehicle is being taken to a place:
(a)  where repairs or other work required to comply with the requirements of a notice under this Part or of any other provision of or made under this Act are to be carried out, or
(b)  for the purpose of its being inspected or tested by (or with the authority of) an authorised officer,
or is being taken directly from any such place to the place where the vehicle is usually kept.
(6)  While the registration of a motor vehicle is suspended under this section, the motor vehicle is taken, for the purposes of this Act, the Road Transport (Vehicle Registration) Act 1997 and any other Act, not to be registered under that Act.

166   Prohibition on registration

(1)  The EPA, by notice in writing to the Roads and Traffic Authority:
(a)  may prohibit the registration under the Road Transport (Vehicle Registration) Act 1997 of a particular motor vehicle if it is satisfied that the motor vehicle is in such a condition that the sale or use of the motor vehicle in that condition would constitute an offence under this Act or the regulations, and
(b)  may remove any such prohibition if, after inspecting or testing the motor vehicle concerned, it is satisfied that the motor vehicle is no longer in such a condition.
(2)  The EPA must give written notice of any prohibition, or removal of prohibition, to the owner of the motor vehicle.

Part 5.9 General offences

167   Control equipment

(1)  The occupier of any premises must maintain any control equipment installed at the premises in an efficient condition.
(2)  The occupier of any premises must operate any control equipment installed at the premises in a proper and efficient manner.
(3)  This section does not apply to any control equipment prescribed by the regulations as being excluded from this section.
(4)  An occupier of premises who contravenes this section is guilty of an offence.

Maximum penalty:

(a)  in the case of a corporation—$1,000,000 and, in the case of a continuing offence, a further penalty of $120,000 for each day the offence continues, or
(b)  in the case of an individual—$250,000 and, in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues.

Note. control equipment is defined in the Dictionary.

168   Ancillary offences

A person who:
(a)  aids, abets, counsels or procures another person to commit, or
(b)  attempts to commit, or
(c)  conspires to commit,
an offence under another provision of this Act or the regulations is guilty of an offence against that other provision and is liable, on conviction, to the same penalty applicable to an offence against that other provision.

169   Offences by corporations

(1)  If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision, unless the person satisfies the court that:
(a)  (Repealed)
(b)  the person was not in a position to influence the conduct of the corporation in relation to its contravention of the provision, or
(c)  the person, if in such a position, used all due diligence to prevent the contravention by the corporation.
(2)  A person may be proceeded against and convicted under a provision pursuant to this section whether or not the corporation has been proceeded against or been convicted under that provision.
(3)  Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.
(4)  Without limiting any other law or practice regarding the admissibility of evidence, evidence that an officer, employee or agent of a corporation (while acting in his or her capacity as such) had, at any particular time, a particular state of mind, is evidence that the corporation had that state of mind.
(5)  In this section, the state of mind of a person includes:
(a)  the knowledge, intention, opinion, belief or purpose of the person, and
(b)  the person’s reasons for the intention, opinion, belief or purpose.

170   Extra-territoriality

A person is guilty of a particular offence against this Act or the regulations in respect of any act or omission done or omitted by the person outside the State:
(a)  if the act or omission causes any substance to come into the State, and
(b)  if the substance causes harm or is likely to cause harm to the environment of the State, and
(c)  if (apart from this section) the act or omission would have constituted that offence if it had been done or omitted within the State.
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