114Residue waste not to be applied to land used for growing vegetation

#### 114 Residue waste not to be applied to land used for growing vegetation 114 Residue waste not to be applied to land used for growing vegetation (cf clauses 44 and 45 of 2005 Reg) > Note. > > An exemption from this clause may be granted under Part 9. > > > (1) A person must not apply residue waste, or cause or permit residue waste to be applied, to any land that is used for the purpose of growing vegetation, including any land used for agricultural, horticultural, silvicultural, pastoral or environmental rehabilitation purposes. > > > > Maximum penalty—400 penalty units in the case of a corporation, 200 penalty units in the case of an individual. > > > (2) It is a defence in any proceedings for an offence against this clause if the defendant establishes that the waste that was applied to the land had been lawfully sold as a soil improving agent, or a trace element product, within the meaning of the [Biosecurity Act 2015](/view/html/inforce/current/act-2015-024). > > > (3) A reference in this clause to applying waste to land includes a reference to— > > > > > (a) spraying, spreading or depositing the waste on the land, or > > > > > (b) ploughing, injecting or mixing the waste into the land. > > > (4) In this clause— > > > > residue waste means any of the following substances (and includes any substance incorporating, mixed with or made from any of the following substances)— > > > > > (a) fly ash or bottom ash from any furnace, > > > > > (b) lime or gypsum residues from any industrial or manufacturing process, > > > > > (c) residues from any industrial or manufacturing process that involves the processing of mineral sand, > > > > > (d) substances that have been used as catalysts in any oil refining or other chemical process, > > > > > (e) foundry sands and foundry filter bag residues, > > > > > (f) residues from any industrial or manufacturing process that involves the refining or processing of metals or metallic products. > > **cl 114:** Am 2015 No 24, Sch 8.34.