Part 5.6Part 5.6 Land pollution and waste
In this Part:land does not include waters.
(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.Note. An offence against subsection (1) committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169.(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.
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.Note. An offence against subsection (1) committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169.(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.Note. An offence against subsection (1) committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169.(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.Note. An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 169A.(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.