Commonwealth Consolidated Acts

HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) ACT 1989 - SECT 38A

  (1)   If:

  (a)   the person has been given an order under section   34, 35, 35A or 38 requiring the person:

  (i)   to deal with hazardous waste in a specified way; or

  (ii)   to deal with hazardous waste by a specified time; and

  (b)   the person does an act or omits to do an act; and

  (c)   the act or omission contravenes the requirement; and

  (d)   the Minister is satisfied that the non - compliance with the requirement resulted in the waste causing significant injury or damage to human beings or the environment;

the Minister may, in writing, order the person to take such steps as the Minister thinks proper to remedy or mitigate the damage.

Note:   A requirement to deal with hazardous waste in a specified way includes a requirement to import or export the waste.

  (2)   The Minister must not, under subsection   (1), order the person to pay compensation.