109Unlawful transporting or depositing of waste

109 Unlawful transporting or depositing of waste (a) the person engages in conduct; and (b) as a result of the conduct the person— (i) transports waste to a place; or (ii) causes or permits waste to be transported to a place; and (c) the place is not— (i) if the place is in the ACT—a waste facility operated by a person that is a licensee in relation to the facility; or (ii) if the place is outside the ACT—a waste facility operated by a person that is authorised to operate the facility under a corresponding law of another State. Maximum penalty: 500 penalty units.

(2) In a proceeding for an offence under this section the defendant bears the onus of proving— (a) if the defendant is charged with transporting, or causing or permitting waste to be transported to a place in the ACT—that the place is a waste facility that was operated by a person that is a licensee in relation to the facility; or (b) if the defendant is charged with transporting, or causing or permitting waste to be transported to a place outside the ACT— that the place is a waste facility that was operated by a person that is authorised to operate the facility under a corresponding law of another State. (3) It is a defence to a prosecution for an offence against subsection (1) if— (a) for a prosecution that charges a defendant with having caused or permitted waste to be transported—the defendant proves— (i) that the commission of the offence was due to causes over which the defendant had no control; and (ii) that the defendant took reasonable precautions and exercised due diligence to prevent the commission of the offence; or (b) generally—the defendant proves that— (i) an approved notice was, at the time of the alleged offence, given to the defendant by the owner or occupier of the place to which the waste was transported or was displayed at the place; and (ii) the approved notice stated that the place could lawfully be used as a waste facility for the waste; and (iii) the defendant had no reasonable basis to believe that the place could not lawfully be used as a waste facility for the waste.

(4) It is not a defence to a prosecution for an offence against subsection (1) if the defendant proves that the owner or occupier of a place told the defendant, other than in the form of an approved notice, that at the time of the offence the place could be lawfully used as a waste facility. (5) In this section: approved notice means a notice, in a form approved by the waste manager that— (a) states that the place to which the notice relates can lawfully be used as a waste facility for the waste stated in the notice; and (b) contains a certification by the owner or occupier of the place that the statement is correct.