sec.104Illegal dumping of waste provision

### sec.104 Illegal dumping of waste provision A person must not illegally dump waste at a place. Maximum penalty— if the offence involves depositing a volume of less than 2,500L of waste—400 penalty units; or if the offence involves depositing a volume of 2,500L or more of waste—whichever is the greater of the following amounts— 1,000 penalty units; a fine that is twice the waste levy amount that would have been payable, when the waste was dumped, by the operator of a levyable waste disposal site if the waste had been delivered to the site. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 268 , to have also committed the offence. For subsection (1) , a person illegally dumps waste at a place if the person deposits at the place an amount of waste that is 200L or more in volume. However, a person who deposits at a place an amount of waste of 200L or more in volume (the relevant waste ) does not illegally dump the relevant waste if— the person is an occupier of the place; or the person deposits the relevant waste with the consent of an occupier of the place; or the person deposits the waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, for the purpose of depositing the relevant waste. Despite subsection (3) , a person who deposits at a place on a road an amount of waste of 200L or more in volume (also the relevant waste )— commits an offence under subsection (1) even if the person is an occupier of the place, or deposits the relevant waste with the consent of an occupier of the place; but does not commit an offence under subsection (1) if the person deposits the relevant waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, and located at the place, for the purpose of depositing the relevant waste. Two or more deposits of waste at a place are taken to be 1 deposit of waste for this section if they together constitute a connected series of deposits. A connected series of 3 deposits of waste at a place, each of a volume of approximately 80L, would constitute the deposit at the place of an amount of waste that is more than 200L in volume. s 104 amd 2013 No. 51 s 229 sch 1 ; 2019 No. 2 s 7 (sec.104-ssec.1) A person must not illegally dump waste at a place. Maximum penalty— if the offence involves depositing a volume of less than 2,500L of waste—400 penalty units; or if the offence involves depositing a volume of 2,500L or more of waste—whichever is the greater of the following amounts— 1,000 penalty units; a fine that is twice the waste levy amount that would have been payable, when the waste was dumped, by the operator of a levyable waste disposal site if the waste had been delivered to the site. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 268 , to have also committed the offence. (sec.104-ssec.2) For subsection (1) , a person illegally dumps waste at a place if the person deposits at the place an amount of waste that is 200L or more in volume. (sec.104-ssec.3) However, a person who deposits at a place an amount of waste of 200L or more in volume (the relevant waste ) does not illegally dump the relevant waste if— the person is an occupier of the place; or the person deposits the relevant waste with the consent of an occupier of the place; or the person deposits the waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, for the purpose of depositing the relevant waste. (sec.104-ssec.4) Despite subsection (3) , a person who deposits at a place on a road an amount of waste of 200L or more in volume (also the relevant waste )— commits an offence under subsection (1) even if the person is an occupier of the place, or deposits the relevant waste with the consent of an occupier of the place; but does not commit an offence under subsection (1) if the person deposits the relevant waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, and located at the place, for the purpose of depositing the relevant waste. (sec.104-ssec.5) Two or more deposits of waste at a place are taken to be 1 deposit of waste for this section if they together constitute a connected series of deposits. A connected series of 3 deposits of waste at a place, each of a volume of approximately 80L, would constitute the deposit at the place of an amount of waste that is more than 200L in volume. - (a) if the offence involves depositing a volume of less than 2,500L of waste—400 penalty units; or - (b) if the offence involves depositing a volume of 2,500L or more of waste—whichever is the greater of the following amounts— (i) 1,000 penalty units; (ii) a fine that is twice the waste levy amount that would have been payable, when the waste was dumped, by the operator of a levyable waste disposal site if the waste had been delivered to the site. - (i) 1,000 penalty units; - (ii) a fine that is twice the waste levy amount that would have been payable, when the waste was dumped, by the operator of a levyable waste disposal site if the waste had been delivered to the site. - (i) 1,000 penalty units; - (ii) a fine that is twice the waste levy amount that would have been payable, when the waste was dumped, by the operator of a levyable waste disposal site if the waste had been delivered to the site. - (a) the person is an occupier of the place; or - (b) the person deposits the relevant waste with the consent of an occupier of the place; or - (c) the person deposits the waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, for the purpose of depositing the relevant waste. - (a) commits an offence under subsection (1) even if the person is an occupier of the place, or deposits the relevant waste with the consent of an occupier of the place; but - (b) does not commit an offence under subsection (1) if the person deposits the relevant waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, and located at the place, for the purpose of depositing the relevant waste.