Commonwealth Numbered Regulations

ENVIRONMENT AND HERITAGE LEGISLATION AMENDMENT (APPLICATION OF CRIMINAL CODE) REGULATIONS 2002 (NO. 1) 2002 NO. 8 - SCHEDULE 4

(regulation 6)

[1] Regulation 1

substitute

1 Name of Regulations

These Regulations are the Antarctic Treaty (Environment Protection) (Waste Management) Regulations 1994 .

[2] Regulation 5

omit

A

insert

(1)

A

[3] Regulation 5

after the penalty, insert

(2)

An offence under subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[4] Regulation 6

omit

The

insert

(1)

The

[5] Paragraph 6 (f)

omit

except

insert

that is not

[6] Regulation 6

after the penalty, insert

(2)

An offence under subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[7] Regulation 7

substitute

7 Solid, non-combustible waste

(1)

The generator of solid non-combustible waste must remove the waste if:

(a)

the Minister has authorised the removal of the waste under Part 3 of the Act; or

(b)

Part 3 of the Act does not apply to the removal of the waste.

Penalty:
20 penalty units.

Example of solid non-combustible waste
A fuel drum that is no longer needed.

Note
It is an offence under section 21A of the Act to carry on an activity to which Part 3 of the Act applies in the Antarctic without the authorisation of the Minister under that Part.

(2)

An offence under subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[8] Regulation 8

omit

The

insert

(1)

The

[9] Regulation 8

after the penalty, insert

(2)

An offence under subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[10] Regulation 9

omit

The

insert

(1)

The

[11] Regulation 9

after the penalty, insert

(2)

An offence under subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[12] Regulation 11

omit

The

insert

(1)

The

[13] Regulation 11

after the penalty, insert

(2)

An offence under subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[14] After subregulation 12 (2), including the penalty

insert

(3)

An offence under subregulation (2) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[15] Regulation 13

substitute

13 Prohibition on open burning of waste

(1)

A person must not burn waste in an open fire.

Penalty:
20 penalty units.

(2)

An offence under subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[16] Regulations 14 and 15

substitute

14 Prohibition on disposal of waste in ice-free areas or fresh water

(1)

A person must not dispose of waste onto an ice-free area or into a fresh water system.

Penalty:
20 penalty units.

(2)

An offence under subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

15 Conditional prohibition on disposal of waste on ice
(1) Subject to regulation 16 and subregulation 18 (2), a person must not dispose of waste onto sea ice or glacier ice.

Penalty:
20 penalty units.

(2)

An offence under subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[17] Regulation 17

substitute

17 When sewage or domestic waste may be disposed of into sea

(1)

If this regulation applies, a person must not dispose of sewage or domestic waste directly into the sea.

Penalty:
20 penalty units.

(2) However, it is a defence to a prosecution under subregulation (1) if:

(a)

for sewage or waste that is generated at a station with an average weekly occupancy of at least 30 people over the austral summer — the sewage or waste is macerated before disposal; and

(b)

all reasonable steps are taken to discharge the sewage or waste into the sea at a place where conditions exist for initial dilution and rapid dispersal of the sewage or waste.

Note
A defendant bears an evidential burden in relation to the matters mentioned in subregulation (2) (see section 13.3 of the Criminal Code ).

(3)

This regulation does not apply to the disposal of sewage from a ship.

Note
It is an offence under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 to discharge sewage into the sea from a ship (see sections 26BC and 26D of that Act).

[18] Subregulations 19 (1) and (2)

substitute

(1)

Subject to subregulation (3), a person who uses a waste disposal site or work site in the Antarctic and abandons it must clean up the site if:

(a)

the Minister has authorised the cleaning up of the site under Part 3 of the Act; or

(b)

Part 3 of the Act does not apply to the cleaning up of the site;

to the extent that the cleaning up of the site does not involve taking from the site a structure that has been designated as a historic site or monument.

Note
It is an offence under section 21A of the Act to carry on an activity to which Part 3 of the Act applies in the Antarctic without the authorisation of the Minister under that Part.

(2) An offence under subregulation (1) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

[19] Subregulation 19 (3), at the foot

insert

Note
A defendant bears an evidential burden in relation to the matter mentioned in subregulation (3) (see section 13.3 of the Criminal Code ).

[20] After subregulation 21 (2), including the penalty

insert

(3)

An offence under subregulation (1) or (2) is an offence of strict liability.

Note 1
For strict liability , see section 6.1 of the Criminal Code .
Note 2
A defendant bears an evidential burden in relation to whether or not he or she had a reasonable excuse (see section 13.3 of the Criminal Code ).