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This is a Bill, not an Act. For current law, see the Acts databases.
DANGEROUS SUBSTANCES AND LITTER (DUMPING) LEGISLATION AMENDMENT BILL 2008
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Territory and Municipal Services)
Dangerous
Substances and Litter (Dumping) Legislation Amendment Bill
2008
Contents
Page
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Territory and Municipal Services)
Dangerous Substances
and Litter (Dumping) Legislation Amendment Bill 2008
A Bill for
An Act to amend laws relating to the dumping of dangerous substances and
litter, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Dangerous Substances and Litter (Dumping) Legislation
Amendment Bill 2008.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
Part
2 Dangerous Substances Act
2004
3 Legislation
amended—pt 2
This part amends the Dangerous Substances Act 2004.
4 Failure
to comply with safety duty—exposing people to substantial risk of death or
serious harmSection 43 (1), new
example
insert
Example
Peter dumps material that he knows contains asbestos in an ACT park, where
rangers regularly patrol. He is reckless about whether this poses a danger to
anyone. Peter commits an offence against this section because asbestos is a
dangerous substance and, under the general safety duty of everyone involved in
handling a dangerous substance, he 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).
Peter has exposed the rangers and others (eg anyone using the park who comes
across the material) to a substantial risk of developing an asbestos-related
disease.
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).
5 Failure
to comply with safety duty—exposing property or environment to substantial
risk of substantial damageSection 45 (1),
new example
insert
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).
6 Legislation
amended—pt 3
This part amends the Litter Act 2004.
7 LitteringSection
8 (2), note
substitute
Note Escape is defined in the dictionary.
omit
9 Aggravated
litteringSection 9,
penalty
substitute
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
insert
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.
substitute
10 Commercial waste—strict
liability
substitute
Division 4.3 Dealing with
litter
13 New
subdivision 4.3.1 heading
insert
Subdivision 4.3.1 Dealing with
litter—removal etc by person
substitute
21 Notice to remove etc litter
substitute
(4) The notice must contain a statement to the effect that if the litter
is not removed or disposed of, or the public place not restored, in accordance
with the requirement—
(a) an authorised person may authorise someone else to remove or dispose
of the litter or restore the public place; and
(b) the reasonable cost of the removal, disposal or restoration is a debt
due to the Territory by the person who is required to comply with the
requirement.
Note An amount owing under a law may be recovered as a debt in a
court of competent jurisdiction (see Legislation Act, s 177).
substitute
22 Authority to remove etc litter when direction not
complied with
substitute
(2) The chief executive may arrange for a person to remove or dispose of
the litter, or restore the public place, in relation to which the direction
relates.
18 Section
23, except note
substitute
23 Liability for cost of removal
etc
A person who fails to comply with a requirement in a notice under
section 21 (Notice to remove etc litter) must pay to the Territory the
reasonable cost of any removal, disposal or restoration carried out under
section 22.
19 AAT
review of notice under section 21Section
24
omit
(Notice to remove litter)
substitute
(Notice to remove etc litter)
after section 24, insert
Subdivision 4.3.2 Dealing with
litter—removal etc by Territory
24A Removal etc of litter—by
Territory
(1) This section applies if an authorised person or police officer
believes on reasonable grounds that—
(a) litter in a public place has been deposited by anyone (the
litterer) in contravention of this Act; and
(b) either or both of the following applies:
(i) prompt removal or disposal of the litter is necessary because it could
cause injury to a person or animal or damage to property;
(ii) the size, shape, nature or volume of the litter means that prompt
removal or disposal is in the public interest.
Examples
1 A large volume of litter is dumped next to a main road. Prompt removal
is in the public interest because the litter smells and is unsightly.
2 Access to a walking trail in a nature reserve is blocked by an old spa
bath that has been dumped in the reserve. Prompt removal is in the public
interest to restore access to the trail.
3 A large public building is being extensively renovated. The Territory
gives permission for the builder to establish a temporary depot on adjacent
public land for rubbish from the building site to be deposited. The depot is
fenced. When the renovations are finished, the rubbish is removed and the fence
taken down. However, someone dumps rubbish at the site, and soon others also
dump rubbish there. Prompt removal is in the public interest because it
discourages the dumping of rubbish at the site.
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).
(2) The chief executive may arrange for a person to do either or both of
the following:
(a) remove or dispose of the litter from the public place;
(b) restore the public place affected by the litter to a state as close as
practicable to the state it was in immediately before the litter was
deposited.
(3) To remove any doubt, if this section applies, notice need not be given
to the litterer under section 21 (Notice to remove etc litter).
24B Recovery of costs associated with removal etc of
litter
(1) If the chief executive arranges for a person to do a thing mentioned
in section 24A (2), the litterer must pay to the Territory the reasonable cost
of doing the thing.
Note An amount owing under a law may be recovered as a debt in a
court of competent jurisdiction (see Legislation Act, s 177).
(2) In this section:
litterer—see section 24A (1).
21 Dictionary,
new definition of escape
insert
escape, into or onto a public place, includes fall, descend
and percolate, and be blown or washed, into or onto the place.
Part
4 Magistrates Court (Litter
Infringement Notices) Regulation 2004
22 Legislation
amended—pt 4
This part amends the Magistrates Court (Litter Infringement Notices)
Regulation 2004.
23 Litter
Act infringement notice offences and
penaltiesSchedule 1, table, new item
4
insert
Part
5 Road Transport (General) Regulation
2000
24 Legislation
amended—pt 5
This part amends the Road Transport (General) Regulation
2000.
insert
Part 1A Road transport
legislation
4B What is the road transport legislation?—Act,
s 6 (i)
For the Road Transport (Safety and Traffic Management) Act 1999,
section 10D (4) (a) (i) (Registered operator and interested people to be
notified), the following are prescribed:
• the Dangerous Substances Act 2004, part 3.2 (Failure to
comply with safety duties);
• the Litter Act 2004, section 9 (Aggravated
littering);
• the Litter Act 2004, section 9A (Dumping litter);
• the Litter Act 2004, section 9C (1) (Commercial
waste).
Part
6 Road Transport (Safety and Traffic
Management) Act 1999
26 Legislation
amended—pt 6
This part amends the Road Transport (Safety and Traffic Management) Act
1999.
before section 10A, insert
10AA Meaning of relevant offence—div
2.3
In this division:
relevant offence means an offence against any of the
following provisions:
• section 5A (Races, attempts on speed records, speed trials
etc);
• section 5B (Burnouts and other prohibited conduct);
• section 8 (Menacing driving);
• the Dangerous Substances Act 2004, part 3.2 (Failure to
comply with safety duties);
• the Litter Act 2004, section 9 (Aggravated
littering);
• the Litter Act 2004, section 9A (Dumping litter);
• the Litter Act 2004, section 9C (1) (Commercial
waste).
28 Impounding
or forfeiture of vehicles on conviction etc for certain
offencesSection 10B
(1)
omit everything before paragraph (a), substitute
(1) If a court convicts a person, or finds a person guilty, of a relevant
offence, and a motor vehicle has been used by the person in committing the
offence, the vehicle is—
substitute
(a) a court convicts a person, or finds a person guilty, of a relevant
offence, and a motor vehicle has been used by the person in committing the
offence; and
substitute
(10) For this section—
(a) a person who is convicted, or found guilty, of a relevant offence (the
current offence) is a repeat offender in relation to
the current offence if the person has been convicted, or found guilty, of a
relevant offence within 5 years before being convicted, or found guilty, of
the current offence; and
(b) a person who is convicted, or found guilty, of a relevant offence is a
first offender in relation to the offence if the person is not a
repeat offender in relation to the offence.
31 Powers
of police officers to seize and impound vehicles used in committing certain
offencesSection 10C (1)
(a)
substitute
(a) the police officer believes on reasonable grounds that the vehicle is
being or has been used by a person in committing a relevant offence (other than
an offence against section 8 (Menacing driving)); or
32 Registered
operator and interested people to be
notifiedSection 10D
(2)
omit everything before paragraph (a), substitute
(2) If a prosecution is started against a person for a relevant offence
involving a motor vehicle, the chief police officer must give notice of the
prosecution to—
33 Keeping
of vehicles seized under s 10C (1)
(a)Section 10E (5)
omit
34 Further
amendments, mentions of offence
omit
offence
substitute
relevant offence
in
• section 10B (3) (a)
• section 10B (4)
• section 10B (8)
• section 10B (9)
• section 10D (4) (a) (i)
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2008.
2 Notification
Notified under the Legislation Act on 2008.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2008
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