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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Local Nuisance and Litter Control (Illegal Dumping on
Construction Sites) Amendment Bill 2017
A BILL FOR
An Act to amend the
Local
Nuisance and Litter Control Act 2016
.
Contents
Part 2—Amendment of Local Nuisance and
Litter Control Act 2016
3Amendment of section
3—Interpretation
4Amendment of section 22—Disposing of
litter
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Local Nuisance and Litter Control (Illegal
Dumping on Construction Sites) Amendment Act 2017.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Local Nuisance and Litter Control
Act 2016
3—Amendment
of section 3—Interpretation
Section 3, after the definition of class B hazardous litter
insert:
construction site means premises where any of the following
activities are carried on:
(a) the construction, erection, alteration, repair, equipping, finishing,
painting, cleaning, marking or demolition of a building, structure or
vessel;
(b) excavating, shaft sinking or tunnelling;
(c) roadworks;
(d) the construction or maintenance of a railway, busway or
tramway;
(e) dredging;
(f) the placing, laying or maintenance of pipes or cables for any purpose
(whether the pipes or cables are placed or laid above or below ground
level);
(g) earth moving by power driven equipment;
4—Amendment
of section 22—Disposing of litter
Section 22(1), penalty provision, Expiation fee provision—delete the
Expiation fee provision and substitute:
Expiation fee:
(a) for an offence involving the disposal of 50 litres or more of class B
hazardous litter or general litter—
(i) in the case of disposal of the litter onto a construction
site—$2 000;
(ii) in any other case—$1 000;
(b) for an offence involving the disposal of up to 50 litres of class B
hazardous litter—
(i) in the case of disposal of the litter onto a construction
site—$1 000;
(ii) in any other case—$500;
(c) for an offence involving the disposal of up to 50 litres of general
litter—
(i) in the case of disposal of the litter onto a construction
site—$420;
(ii) in any other case—$210.
After section 22 insert:
22A—Illegal dumping on construction sites may
result in disciplinary or other action under Building Work Contractors
Act 1995
(1) If a building work contractor has been found guilty of an offence
against section 22 by disposing of litter onto a construction site, the court
may, in addition to imposing a penalty for the offence, refer the matter to the
Commissioner for Consumer Affairs for investigation as to whether disciplinary
or other action should be taken against the person under the
Building
Work Contractors Act 1995
in relation to the matter.
(2) In this section—
building work contractor has the same meaning as in section
20 of the
Building
Work Contractors Act 1995
, and includes a person who carries on business as a building work
contractor without being licensed under Part 2 of that Act.