(1) In this section
—
place includes water, a vehicle and a receptacle.
(2) A person who
discharges or abandons, or causes or allows to be discharged or abandoned, any
solid or liquid waste in water to which the public has access commits an
offence.
(3) A person who
discharges or abandons, or causes or allows to be discharged or abandoned, any
solid or liquid waste on or in any place, other than water to which the public
has access, commits an offence.
(4) It is a defence to
a charge under subsection (3) for a person to show that the waste was
discharged or abandoned in the place concerned with the consent of the person
who controlled and managed that place.
(5) A person charged
with committing an offence against subsection (2) or (3) may be convicted of
an offence against the Litter Act 1979 section 23 which is established by the
evidence.
[Section 49A inserted: No. 48 of 2010 s. 4.]