Australian Capital Territory Numbered Regulations

WASTE MANAGEMENT AND RESOURCE RECOVERY REGULATION 2017 (NO 20 OF 2017) - REG 23

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

        (a)     is an occupier of premises; and

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

        (c)     fails to ensure—

              (i)     the container is kept within the property boundary for the premises; or

              (ii)     the container is placed where a waste collection service has unobstructed access to the container on waste collection day.

Maximum penalty: 10 penalty units.

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

    (3)     Subsection (1) (c) (i) does not apply if the container has been removed from the property boundary—

        (a)     for—

              (i)     collection of waste by a waste collection service; and

              (ii)     a reasonable period before or after a waste collection service is scheduled to empty waste from the container; or

        (b)     if the container has been damaged or is unwanted—for collection of the container.

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

, s 58).

    (4)     Subsection (1) (c) (ii) does not apply if at the time the container was placed for collection by a waste collection service, reasonable steps were taken to ensure the service had unobstructed access to the container.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code

, s 58).

    (5)     In this section:

"waste collection day", for a waste container, means a day on which a waste collection service is scheduled to collect waste from the container.

"waste container" includes a territory waste container.