New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 145A

145A Littering dangerous materials

(1) A person who deposits litter that is or includes dangerous material in or on either of the following places commits an offence--

(a) a public place,

(b) an open private place.

: Maximum penalty--

(a) for a corporation--$50,000, or

(b) for an individual--$25,000.

(2) If a court is satisfied a person charged with an offence under this section is not guilty of the offence but is satisfied on the evidence the person is guilty of an offence under section 145, the court may--

(a) find the person guilty of the offence under section 145, and

(b) impose a penalty on the person under that section.

(3) In this section--

"dangerous material" means the following--

(a) a lit cigarette or a lit cigarette butt,

(b) an e-cigarette,

(c) a lithium battery or an item that contains a lithium battery,

(d) a syringe,

(e) glass,

(f) oil, fuel, grease, paint or solvent,

(g) a substance, material or other thing prescribed by the regulations.

"syringe" --

(a) means a hypodermic syringe, and

(b) includes--

(i) anything designed for use, or intended to be used, as part of a hypodermic syringe, and

(ii) a needle designed for use, or intended to be used, in connection with a hypodermic syringe.