Victorian Current Acts

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ENVIRONMENT PROTECTION ACT 2017 - SECT 117

Exceptions to liability of owners and drivers of vehicles in relation to littering of waste

    (1)     A person specified in section 116(2) is not taken to have committed an offence against section 115(1), (2), (3) or (4) if the waste was deposited from a vehicle and—

        (a)     the vehicle is a train, tram, bus, ferry, passenger vessel, passenger plane or other public transport vehicle; and

              (i)     the waste was deposited by a passenger of that vehicle; and

              (ii)     the vehicle was being used for a public purpose at the time of the offence; or

        (b)     the vehicle is a commercial passenger vehicle within the meaning of the Commercial Passenger Vehicle Industry Act 2017 and the waste was deposited by a passenger of the commercial passenger vehicle at the time of the offence; or

        (c)     the person provides a written statement in accordance with section 118.

    (2)     The registered owner or the authorised user of a vehicle is not taken to have committed an offence against section 115(1), (2), (3) or (4) if the registered owner's vehicle was a stolen vehicle at the time of the offence.

S. 118 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 1230, 3/2020 ss 4244, 47/2020 s. 26).



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