34Discarding declared etc substances

34 Discarding declared etc substances (a) a regulation prescribes how a declared substance must be discarded; and (b) the person discards the substance; and (c) the person does not discard the substance as prescribed. (a) the person possesses a declared substance; and (b) the chief health officer gives the person a direction under section 191 (Directions about dealings with regulated substances and therapeutic goods) in relation to the discarding of the substance; and (c) the person does not discard the substance as directed.

(3) A person commits an offence if the person discards a declared substance in a way that— (b) is likely to cause damage to property or the environment. Note The Dangerous Substances Act 2004, Environment Protection Act 1997 and Work Health and Safety Act 2011 may also apply to the discarding of a regulated substance. (4) However, subsection (3) does not apply if the declared substance is discarded in accordance with— (a) a regulation about how the substance must be discarded; or (b) a direction by the chief health officer under section 191. (5) A person commits an offence if— (a) the person discards a low harm poison or moderate harm poison; and (b) the poison is not a declared substance; and (c) the discarding— (i) puts the health or safety of people at risk; or (ii) causes damage to property or the environment. Note The Dangerous Substances Act 2004, Environment Protection Act 1997 and Work Health and Safety Act 2011 may also apply to the discarding of a regulated substance.