(1) An e‑waste
service provider must not send regulated e‑waste to, or leave regulated
e‑waste at, a landfill site.
Penalty for this subregulation: a fine of
$10 000.
(2) A significant
entity must not send regulated e‑waste to, or leave regulated
e‑waste at, a landfill site.
Penalty for this subregulation: a fine of
$10 000.
(3) It is a defence to
a charge of an offence under subregulation (1) or (2) to prove that
the e‑waste provider or a significant entity that is a business entity
(as the case may be) sent the regulated e‑waste to, or left the
regulated e‑waste at, the landfill site in the reasonable expectation
that the regulated e‑waste would be aggregated for the recovery of
processed materials (either at the landfill site or at some other place).
(4) A public entity is
not in breach of subregulation (2) if the public entity sent the
regulated e‑waste to, or left the regulated e‑waste at, a landfill
site in the reasonable expectation that the regulated e‑waste would be
aggregated for the recovery of processed materials (either at the landfill
site or at some other place).
(5) A landfill
operator must not dispose of regulated e‑waste that has been accepted at
a landfill site to landfill.
Penalty for this subregulation: a fine of
$10 000.
(6) It is a defence to
a charge of an offence under subregulation (5) to prove that the landfill
operator —
(a)
obtained a written declaration, signed by the person who left the waste
accepted at the landfill site, that the person had no reason to believe that
the waste contained or was regulated e‑waste; or
(b) did
not know, and could not reasonably have known, that waste accepted at the
landfill site contained or was regulated e‑waste.