12Dumping of waste, littering etc

12 Dumping of waste, littering etc

(1) A person must not discharge or leave on Trust land:

(a) any minerals, mineral waste or other solid waste; or

(b) any noxious, offensive or polluting substance.

(2) A person must not release liquid or gaseous material on Trust land if the release is likely:

(a) to pollute the air, soil, water or a watercourse; or

(b) to be harmful to any plant or animal; or

(c) be harmful or offensive to another person.

(3) A person must not leave any litter, dung or other refuse on Trust land.

(4) Subregulations (1) and (2) do not apply to a substance that is a herbicide, pesticide or other poisonous substance.

(5) Subregulation (3) does not apply to refuse left in an area or receptacle approved or provided for that purpose by the Trust.

(6) An offence against subregulation (1), (2) or (3) is an offence of strict liability.

Note 2 A defendant bears an evidential burden in relation to a matter in subregulation (4) or (5) (see subsection 13.3 (3) of the Criminal Code).

Note 3 As to the use of herbicides, pesticides or other poisonous substances, see regulation 13.

Note 4 For general circumstances in which an activity will not constitute an offence, see regulation 23.