38EFailure to deal with waste in contravention of order under section 36 or 38A

38E Failure to deal with waste in contravention of order under section 36 or 38A

Failure to deal with waste (1) A person contravenes this subsection if: (a) the person has been given an order under section 36 or 38A requiring the person to take steps to remedy or mitigate damage; and (b) the person does an act or omits to do an act; and (c) the act or omission contravenes the requirement.

Note: The physical elements of an offence against subsection (2) are set out in this subsection (see section 58F).

Fault‑based offence (2) A person commits an offence if the person contravenes subsection (1).

Penalty: Imprisonment for 5 years or 300 penalty units, or both.

Strict liability offence (3) A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty: 60 penalty units.

Civil penalty provision (4) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 600 penalty units.