(1) A person who
intentionally or with criminal negligence —
(a)
causes waste to be placed; or
(b)
allows waste to be placed,
in any position from
which the waste —
(c)
could reasonably be expected to gain access to any portion of the environment;
and
(d)
would in so gaining access be likely to result in pollution,
commits an offence.
(2) A person who
causes or allows waste to be placed in any position from which the waste
—
(a)
could reasonably be expected to gain access to any portion of the environment;
and
(b)
would in so gaining access be likely to result in pollution,
commits an offence.
(3) A person charged
with committing an offence against subsection (1) may be convicted of an
offence against subsection (2) or section 49A(2) or (3) which is established
by the evidence.
(4) A person charged
with committing an offence against subsection (2) may be convicted of an
offence against section 49A(2) or (3) which is established by the evidence.
[Section 50 inserted: No. 14 of 1998 s. 6;
amended: No. 48 of 2010 s. 5.]