45Failure to comply with safety duty—exposing property or

45 Failure to comply with safety duty—exposing property or environment to substantial risk of substantial damage (c) the failure exposes property or the environment to a substantial risk of substantial damage; and (i) was reckless about whether the failure would expose property or the environment to a substantial risk of substantial damage; or

(ii) was negligent about whether the failure would expose property or the environment to a substantial risk of substantial damage. Maximum penalty: 1 000 penalty units, imprisonment for 3 years or Sarah dumps arsenic in a stormwater drain. She is reckless about whether she is exposing the environment to a substantial risk of contamination. Sarah commits an offence against this section because arsenic is a dangerous substance and, under the general safety duty of everyone involved in handling a dangerous substance, she must take all reasonable steps to minimise the risks resulting from handling the substance (see s 23 and s 41). Handling a dangerous substance includes disposing of the substance (see s 11). Sarah has exposed the ACT’s waterways to a substantial risk of contamination.