Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) Subject to subregulation (3), a person who uses a waste disposal site or work site in the Antarctic and abandons it must clean up the site if:
(a) the Minister has authorised the cleaning up of the site under Part 3 of the Act; or
(b) Part 3 of the Act does not apply to the cleaning up of the site;
to the extent that the cleaning up of the site does not involve taking from the site a structure that has been designated as a historic site or monument.
Note It is an offence under section 21A of the Act to carry on an activity to which Part 3 of the Act applies in the Antarctic without the authorisation of the Minister under that Part.
(2) An offence under subregulation (1) is an offence of strict liability.
Note For strict liability , see section 6.1 of the Criminal Code .
(3) Subregulation (1) does not require a site to be cleaned up before an assessment has been made of the historical value of any material or structure on the site.
Note A defendant bears an evidential burden in relation to the matter mentioned in subregulation (3) (see section 13.3 of the Criminal Code ).
Part 3 Compliance with waste management requirements