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Environment Protection (Beverage Containers and Plastic Bags) Act 2011
20ADisposal of accepted container
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20A Disposal of accepted container
(a) the person is a CDS coordinator or the operator of an
approved collection depot; and
(b) the person intentionally disposes of, or arranges the disposal
of, a container; and
(c) the container is an accepted container and the person is
reckless in relation to that circumstance.
Examples for subsection (1)(b)
The person takes the container to a rubbish disposal or landfill site or buries or
burns it.
(3) A CDS coordinator or the operator of an approved collection depot
commits an offence if the coordinator or operator disposes of, or
arranges the disposal of, an accepted container.
Examples for subsection (3)
The person takes the accepted container to a rubbish disposal or landfill site or
buries or burns it.
(4) An offence against subsection (3) is an offence of strict liability.
(5) It is a defence to a prosecution for an offence against
subsection (1) or (3) if the defendant has a reasonable excuse.
(6) For subsections (1) and (3):
(a) a container is taken not to be disposed of if the container is
recycled, reused or otherwise disposed of in a way authorised
by the Minister; and
(b) a container is not taken to be disposed of by the operator of
an approved collection depot if it is delivered by the operator
to a CDS coordinator and accepted by the coordinator.
Note for subsection (6)(a)
Under section 49A, the Minister may issue guidelines authorising other methods
of disposal.
Environment Protection (Beverage Containers and Plastic Bags) Act 2011 18