110AOffence to exhume waste from landfill site

#### 110A Offence to exhume waste from landfill site 110A Offence to exhume waste from landfill site > > (1) The occupier of land that is or was a landfill site must ensure that waste is not exhumed from the land. > > > > Maximum penalty—400 penalty units in the case of a corporation, 200 penalty units in the case of an individual. > > > (2) This clause does not affect the operation of a scheduled waste facility that is operating on a former landfill site if the landfill site is closed and capped and no waste is removed from beneath that cap. > > > (3) This clause does not apply if the waste is exhumed as a consequence of works authorised in writing by the EPA, or authorised by the environment protection licence for the facility, and notified to the EPA in writing at least 2 days (or such greater period as may be specified in the written authorisation of the EPA or the environment protection licence) before the works commence. > > > (4) It is a defence in any proceedings for an offence against this clause if the defendant establishes that— > > > > > (a) the waste was exhumed in an emergency to protect human health or the environment, or > > > > > (b) the waste was exhumed in accordance with a written direction of the EPA. > > **cl 110A:** Ins 2018 (643), Sch 2 \[31\].