20Dumping of waste, littering etc.

20 Dumping of waste, littering etc.

(1) A person commits an offence if the person discharges or leaves on Trust land: (a) any minerals, mineral waste or other solid waste; or (b) any noxious, offensive or polluting substance.

Penalty: 10 penalty units.

(2) A person commits an offence if: (a) the person releases liquid or gaseous material on Trust land; and (b) the release is likely: (i) to pollute the air, soil, water or a watercourse; or (ii) to be harmful to any plant or animal; or (iii) be harmful or offensive to another person.

Penalty: 10 penalty units.

(3) A person commits an offence if the person leaves any litter, dung or other refuse on Trust land, or in an area or receptacle on Trust land, that is not approved or provided for that purpose by the Trust.

Penalty: 10 penalty units.

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

Note 1: For the use of herbicides, pesticides or other poisonous substances, see section 21.

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

(5) Strict liability applies to subsections (1), (2) and (3).

Note: For general circumstances in which an activity will not constitute an offence, see section 13.