Australian Capital Territory Numbered Acts

WASTE MANAGEMENT AND RESOURCE RECOVERY ACT 2016 (NO. 51 OF 2016) - SECT 110

    (1)     A person (the first person ) commits an offence if—

        (a)     the first person is the owner or occupier of a place; and

        (b)     the first person engages in conduct; and

        (c)     as a result of the conduct another person uses the place; and

        (d)     the first person is reckless about whether the other person uses the place as a waste site; and

Note     The fault element of recklessness can be satisfied by proof of intention, knowledge or recklessness (see Criminal Code

, s 20 (4)).

        (e)     the place is not a waste facility in relation to which the first person holds a licence.

Maximum penalty: 500 penalty units.

    (2)     A person who engages in consecutive conduct that contravenes subsection (1) commits a separate offence for each day or part of each day of consecutive conduct that happens immediately after the first day the person engaged in the conduct.

Maximum penalty (for each additional day or part of each additional day): 200 penalty units.