Australian Capital Territory Numbered Regulations

WASTE MANAGEMENT AND RESOURCE RECOVERY REGULATION 2017 (NO 20 OF 2017) - REG 22

    (1)     A person commits an offence if the person—

        (a)     is an occupier of premises; and

        (b)     stores waste in a waste container for the premises; and

        (c)     fails to ensure that—

              (i)     the waste container is fitted with a lid that can be closed; or

              (ii)     the lid of the waste container is closed.

Maximum penalty: 10 penalty units.

    (2)     An offence against this section is a strict liability offence.

    (3)     This section does not apply if the waste container is provided by the occupier for use by members of the public in a public area of the premises.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code

, s 58).

    (4)     In this section:

"public area", of premises, means an area of the premises that is open to the public.