Australian Capital Territory Numbered Acts

DANGEROUS SUBSTANCES AND LITTER (DUMPING) LEGISLATION AMENDMENT ACT 2009 (NO. 1 OF 2009) - SECT 10

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9A     Dumping litter

    (1)     A person commits an offence if—

        (a)     the person intentionally dumps litter at a public place; and

        (b)     either—

              (i)     the volume or weight of litter is more than the amount prescribed by regulation; or

              (ii)     the litter is larger than the size prescribed by regulation.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

    (2)     A person commits an offence if—

        (a)     the person intentionally dumps litter anywhere; and

        (b)     either—

              (i)     the volume or weight of litter is more than the amount prescribed by regulation; or

              (ii)     the litter is larger than the size prescribed by regulation; and

        (c)     the person is reckless about whether the litter, or part of the litter, escapes, or is likely to escape, into or onto a public place.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

    (3)     Strict liability applies to subsection (1) (b) and subsection (2) (b).

9B     Dumping litter—strict liability

    (1)     A person commits an offence if—

        (a)     the person dumps litter at a public place; and

        (b)     either—

              (i)     the volume or weight of litter is more than the amount prescribed by regulation; or

              (ii)     the litter is larger than the size prescribed by regulation.

Maximum penalty: 50 penalty units.

    (2)     A person commits an offence if—

        (a)     the person dumps litter; and

        (b)     either—

              (i)     the volume or weight of litter is more than the amount prescribed by regulation; or

              (ii)     the litter is larger than the size prescribed by regulation; and

        (c)     the litter, or part of the litter, escapes, or is likely to escape, into or onto a public place.

Maximum penalty: 50 penalty units.

    (3)     An offence against this section is a strict liability offence.

9C     Commercial waste

    (1)     A person commits an offence if the person deposits commercial waste at a public place.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

    (2)     An occupier of commercial, industrial or business premises commits an offence if the occupier fails to take reasonable steps to prevent litter from the premises being deposited at a public place.

Maximum penalty: 100 penalty units.