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].