Dangerous Substances and Litter (Dumping) Legislation Amendment Act 2009 (ACT)

Case

Dangerous Substances and Litter (Dumping) Legislation Amendment Act 2009

A2009-1

Contents

Page

Part 1Preliminary

  1. Name of Act  2

  2. Commencement  2

Part 2Dangerous Substances Act 2004

  1. Legislation amended—pt 2  3

  2. Failure to comply with safety duty—exposing people to substantial risk of death or serious harm


    Section 43 (1), new example  3

  3. Failure to comply with safety duty—exposing property or environment to substantial risk of substantial damage


    Section 45 (1), new example  4

Part 3Litter Act 2004

  1. Legislation amended—pt 3  5

  2. Littering


    Section 8 (2), note  5

  3. Section 8 (6)  5

  4. Aggravated littering


    Section 9, penalty  5

  5. New sections 9A to 9C  5

  6. Section 10 heading  7

  7. Division 4.3 heading  8

  8. New subdivision 4.3.1 heading  8

  9. Section 21 heading  8

  10. Section 21 (4)  8

  11. Section 22 heading  9

  12. Section 22 (2)  9

  13. Section 23, except note  9

  14. AAT review of notice under section 21


    Section 24  9

  15. New subdivision 4.3.2  10

  16. Dictionary, new definition of escape  12

Part 4Magistrates Court (Litter Infringement Notices) Regulation 2004

  1. Legislation amended—pt 4  13

  2. Litter Act infringement notice offences and penalties


    Schedule 1, table, new item 4  13

Dangerous Substances and Litter (Dumping) Legislation Amendment Act 2009

A2009-1

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:

Part 1Preliminary

  1. Name of Act

    This Act is the Dangerous Substances and Litter (Dumping) Legislation Amendment Act 2009.

  2. Commencement

    This Act commences on a day fixed by the Minister by written notice.

    Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

    Note 2A 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 3If 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 2Dangerous Substances Act 2004

  1. Legislation amended—pt 2

    This part amends the Dangerous Substances Act 2004.

  2. Failure to comply with safety duty—exposing people to substantial risk of death or serious harm
    Section 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.

    NoteAn 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).

  3. Failure to comply with safety duty—exposing property or environment to substantial risk of substantial damage
    Section 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.

    NoteAn 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 3Litter Act 2004

  1. Legislation amended—pt 3

    This part amends the Litter Act 2004.

  2. Littering
    Section 8 (2), note

    substitute

    NoteEscape is defined in the dictionary.

  3. Section 8 (6)

    omit

  4. Aggravated littering
    Section 9, penalty

    substitute

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

  5. New sections 9A to 9C

    insert

9ADumping 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).

9BDumping 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.

9CCommercial 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.

  1. Section 10 heading

    substitute

  2. Commercial waste—strict liability

  3. Division 4.3 heading

    substitute

Division 4.3               Dealing with litter

  1. New subdivision 4.3.1 heading

    insert

Subdivision 4.3.1       Dealing with litter—removal etc by person

  1. Section 21 heading

    substitute

  2. Notice to remove etc litter

  3. Section 21 (4)

    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.

    NoteAn amount owing under a law may be recovered as a debt in a court of competent jurisdiction (see Legislation Act, s 177).

  4. Section 22 heading

    substitute

  5. Authority to remove etc litter when direction not complied with

  6. Section 22 (2)

    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.

  7. Section 23, except note

    substitute

  8. 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.

  9. AAT review of notice under section 21
    Section 24

    omit

    (Notice to remove litter)

    substitute

    (Notice to remove etc litter)

  10. New subdivision 4.3.2

    after section 24, insert

Subdivision 4.3.2       Dealing with litter—removal etc by Territory

24ARemoval 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

1A 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.

2Access 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.

3A 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.

NoteAn 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).

24BRecovery 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.

NoteAn 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).

  1. 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 4Magistrates Court (Litter Infringement Notices) Regulation 2004

  1. Legislation amended—pt 4

    This part amends the Magistrates Court (Litter Infringement Notices) Regulation 2004.

  2. Litter Act infringement notice offences and penalties
    Schedule 1, table, new item 4

    insert

4 9B 50 1 000

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 11 December 2008.

  2. Notification

    Notified under the Legislation Act on 17 February 2009.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Dangerous Substances and Litter (Dumping) Legislation Amendment Bill 2009, which originated in the Legislative Assembly as the Dangerous Substances and Litter (Dumping) Legislation Amendment Bill 2008 and was passed by the Assembly on 10 February 2009.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2009

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