115Unlawful deposit of waste

115 Unlawful deposit of waste (1) A person must not deposit waste that is litter other than in the circumstances specified in subsection (5). Penalty: In the case of a natural person, 20 penalty units; In the case of a body corporate, 100 penalty units. (2) A person must not deposit waste that is dangerous litter other than in the circumstances specified in subsection (5). (3) A person must not deposit waste of more than 50 litres but not more than 1000 litres other than in the circumstances specified in subsection (5). Penalty: In the case of a natural person, 100 penalty units; In the case of a body corporate, 500 penalty units. (4) A person must not deposit waste of more than 1000 litres other than in the circumstances specified in subsection (5). (5) A person does not contravene subsection (1), (2), (3) or (4), as the case requires, if the person— (a) deposits the waste in or on premises or a place that— (i) is provided for the deposit of waste; and (ii) is appropriate for waste of that size, shape, nature or volume; or (b) deposits the waste in or on premises or a place in such a way that it cannot leave the premises or place without human assistance and the person— (i) owns, controls or is in possession of the premises or place; or (ii) is acting with the express consent of another person who owns, controls or is in possession of the premises or place; or (c) is authorised to deposit the waste as the case requires, by or under an Act or a Commonwealth Act; or (d) deposits the waste as a consequence of a lawful activity and it is not reasonable for the person to avoid that consequence; or (e) accidentally deposits the waste and it is not reasonably possible for the person to retrieve the waste. (6) Two or more deposits of waste in or on premises or a place may be taken to be one deposit for the purposes of subsection (1), (2), (3) or (4) if the 2 or more deposits constitute a connected series of deposits. (7) A reference in this section to the deposit of waste includes a reference to waste that— (a) is blown from premises or a place; or (b) falls or escapes from premises or a place. S. 116 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).