33DExport of hazardous waste—injury or damage to human beings or the environment

#### 33D Export of hazardous waste—injury or damage to human beings or the environment Prohibition of exports (1) A person contravenes this subsection if: (a) the person exports waste; and (b) the waste is hazardous waste; and (c) the person is not the holder of an export permit authorising the person to export the hazardous waste; and (d) the person is not the holder of a transit permit authorising the person to export the hazardous waste; and (e) there is no notification in force under subsection 33G(1) that the person does not require a transit permit to export the hazardous waste; and (f) the export has not been ordered under section 34 or 35A; and (g) the export, or the presence of the hazardous waste outside of Australia after the export, injures or damages, or is likely to injure or damage, human beings or the environment. > Note 1: For paragraph (e), a notification under subsection 33G(1) may cease to be in force if it is revoked under subsection 33G(4). > Note 2: The physical elements of an offence against subsection (4) are set out in this subsection (see section 58F). Compliance with export permits (2) A person contravenes this subsection if: (a) the person exports waste; and (b) the waste is hazardous waste; and (c) the person is the holder of an export permit authorising the person to export the hazardous waste; and (d) the export is not in accordance with the permit; and (e) the export, or the presence of the hazardous waste outside of Australia after the export, injures or damages, or is likely to injure or damage, human beings or the environment. > Note: The physical elements of an offence against subsection (4) are set out in this subsection (see section 58F). Compliance with permit conditions (3) A person contravenes this subsection if: (a) the person exports waste; and (b) the waste is hazardous waste; and (c) the person is the holder of an export permit authorising the person to export the hazardous waste; and (d) the permit is subject to a permit condition; and (e) the person does an act or omits to do an act; and (f) the act or omission does not comply with the permit condition in relation to the export (whether before, during or after the export); and (g) the non‑compliance with the permit condition injures or damages, or is likely to injure or damage, human beings or the environment. > Note: The physical elements of an offence against subsection (4) are set out in this subsection (see section 58F). Fault‑based offence (4) A person commits an offence if the person contravenes subsection (1), (2) or (3). Penalty: Imprisonment for 8 years or 500 penalty units, or both. Alternative verdict (5) In a trial for an offence against subsection (4), the trier of fact may find the defendant not guilty of that offence, but guilty of an offence against subsection 33C(4), if: (a) the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (4) of this section; and (b) the trier of fact is satisfied that the defendant is guilty of the offence against subsection 33C(4); and (c) the defendant has been accorded procedural fairness in relation to that finding of guilt. Strict liability offence (6) A person commits an offence of strict liability if the person contravenes subsection (1), (2) or (3). Penalty: 60 penalty units. Civil penalty provision (7) A person is liable to a civil penalty if the person contravenes subsection (1), (2) or (3). Civil penalty: 1,000 penalty units.