QLDIn ForceAct
Environmental Protection Act 1994
sec.440ZEMeaning of deposits for pt 3C
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### sec.440ZE Meaning of deposits for pt 3C
A person deposits a contaminant in waters or at another place if the person—
drops, places or throws the contaminant in the waters or onto the place; or
releases the contaminant, or otherwise causes it to move, into the waters or onto the place.
A person deposits a contaminant at a place if—
the person is an occupier of the place or the contaminant is under the person’s control; and
someone deposits the contaminant at the place in a way mentioned in subsection (1) ; and
the person does not remove the contaminant from the place within a reasonable time after becoming aware that the contaminant has been deposited at the place.
A person deposits earth at a place if the person carries on earthworks or another activity that exposes the earth at the place.
A person deposits earth at a place if—
the person is an occupier of the place; and
someone deposits the earth at the place in a way mentioned in subsection (3) ; and
the person does not stop the earth being exposed at the place within a reasonable time after becoming aware that the earth has been exposed at the place.
A reference in subsections (2) to (4) to a place does not include waters.
For subsections (1) to (4) , none of the subsections limits any of the other subsections.
s 440ZE ins 2008 No. 52 s 41
(sec.440ZE-ssec.1) A person deposits a contaminant in waters or at another place if the person— drops, places or throws the contaminant in the waters or onto the place; or releases the contaminant, or otherwise causes it to move, into the waters or onto the place.
(sec.440ZE-ssec.2) A person deposits a contaminant at a place if— the person is an occupier of the place or the contaminant is under the person’s control; and someone deposits the contaminant at the place in a way mentioned in subsection (1) ; and the person does not remove the contaminant from the place within a reasonable time after becoming aware that the contaminant has been deposited at the place.
(sec.440ZE-ssec.3) A person deposits earth at a place if the person carries on earthworks or another activity that exposes the earth at the place.
(sec.440ZE-ssec.4) A person deposits earth at a place if— the person is an occupier of the place; and someone deposits the earth at the place in a way mentioned in subsection (3) ; and the person does not stop the earth being exposed at the place within a reasonable time after becoming aware that the earth has been exposed at the place.
(sec.440ZE-ssec.5) A reference in subsections (2) to (4) to a place does not include waters.
(sec.440ZE-ssec.6) For subsections (1) to (4) , none of the subsections limits any of the other subsections.
- (a) drops, places or throws the contaminant in the waters or onto the place; or
- (b) releases the contaminant, or otherwise causes it to move, into the waters or onto the place.
- (a) the person is an occupier of the place or the contaminant is under the person’s control; and
- (b) someone deposits the contaminant at the place in a way mentioned in subsection (1) ; and
- (c) the person does not remove the contaminant from the place within a reasonable time after becoming aware that the contaminant has been deposited at the place.
- (a) the person is an occupier of the place; and
- (b) someone deposits the earth at the place in a way mentioned in subsection (3) ; and
- (c) the person does not stop the earth being exposed at the place within a reasonable time after becoming aware that the earth has been exposed at the place.