Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) A person commits an offence if—
(a) the person is a waste transporter; and
(b) the person, or an employee or agent of the person, operates a vehicle or equipment; and
(c) the vehicle or equipment is being operated—
(i) to transport or collect waste; and
(ii) in circumstances, or in a way, in which there is a reasonable likelihood that waste will escape from the vehicle or equipment when operated.
Maximum penalty: 20 penalty units.
Examples—par (c) (ii)
1 a container mounted on the vehicle or equipment is not secured safely to the vehicle or equipment during transportation of waste
2 waste that is likely to be blown, or otherwise escape, from the vehicle or equipment if uncovered during its transportation is not covered during its transportation
Note 1 Person includes an unincorporated body (see Act
, dict).
Note 2 An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
(2) A person commits an offence if—
(a) the person is a waste transporter; and
(b) the person, or an employee or agent of the person, operates a vehicle or equipment; and
(c) the vehicle or equipment is being operated to transport or collect waste; and
(d) waste escapes from the vehicle or equipment.
Maximum penalty: 20 penalty units.
(3) If the person mentioned in subsection (1) or (2) is a partnership, each partner in the partnership commits an offence.
(4) It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant proves—
(a) that—
(i) the defendant did not know about the employee or agent operating the vehicle or equipment; and
(ii) reasonable precautions were taken and appropriate diligence was exercised to prevent waste escaping from the vehicle or equipment; or
(b) if the defendant is a partner—the defendant was not in a position to influence the other partners in relation to ensuring waste would not escape from the vehicle or equipment.
Note The defendant has a legal burden in relation to the matters mentioned in s (4) (see Criminal Code
, s 59).
(5) In this section:
"equipment" means any apparatus, device, machine, mechanism, dredge, or crane.
"escapes" includes leaks or spills.
"vehicle" means any means of transport and includes a vessel or a unit of rolling stock.