Australian Capital Territory Numbered Acts

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DANGEROUS SUBSTANCES AND LITTER (DUMPING) LEGISLATION AMENDMENT ACT 2009 (NO. 1 OF 2009) - SECT 5

Failure to comply with safety duty—exposing property or environment to substantial risk of substantial damage
Section 45 (1), new example

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Example

Sarah dumps arsenic in a stormwater drain. She is reckless about whether she is exposing the environment to a substantial risk of contamination. Sarah commits an offence against this section because arsenic is a dangerous substance and, under the general safety duty of everyone involved in handling a dangerous substance, she must take all reasonable steps to minimise the risks resulting from handling the substance (see s 23 and s 41). Handling a dangerous substance includes disposing of the substance (see s 11). Sarah has exposed the ACT's waterways to a substantial risk of contamination.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Part 3     Litter Act 2004



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