Protection of the Environment Operations Act 1997

Land pollution and waste pt 5.6, hdg: Am 2000 No 20, Sch 1 [3]; 2005 No 96, Sch 1 [64]. Division 1 Preliminary pt 5.6, div 1, hdg: Ins 2005 No 96, Sch 1 [65]. 142 Definition In this Part— land does not include waters. s 142: Am 2000 No 20, Sch 1 [4]. Division 2 Land pollution pt 5.6, div 2: Ins 2005 No 96, Sch 1 [66]. 142A Pollution of land (1) A person who pollutes land is guilty of an offence. Maximum penalty— (a) for a corporation— (i) if the offence involves asbestos waste—$4,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (ii) otherwise—$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual— (i) if the offence involves asbestos waste—$1,000,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues, or (ii) otherwise—$500,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues. Note. An offence against subsection (1) committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169. (2) In this section— pollute land includes cause or permit any land to be polluted. s 142A: Ins 2005 No 96, Sch 1 [66]. Am 2012 No 97, Sch 1.34 [18]; 2018 No 80, Sch 1 [1] [2]; 2024 No 20, Sch 9[31]. 142B Defence of authority conferred by regulation (1) The regulations may, for the purposes of this Division, regulate the carrying out of an activity that pollutes land. (2) It is a defence in proceedings for an offence under this Division if the person establishes that— (a) the pollution resulted from an activity regulated by such a regulation, and (b) the requirements of that regulation were not contravened. s 142B: Ins 2005 No 96, Sch 1 [66]. 142C Defence of authority conferred by licence It is a defence in proceedings for an offence under this Division if the person establishes that— (a) the pollution was regulated by an environment protection licence held by the person or another person, and (b) the conditions to which that licence was subject relating to the pollution of land were not contravened. s 142C: Ins 2005 No 96, Sch 1 [66]. 142D Defences relating to pesticides and fertilisers and other substances (1) It is a defence in proceedings for an offence under this Division if the person establishes that the substance placed in or on, or otherwise introduced into or onto, land is any of the following— (a) a pesticide (within the meaning of the Pesticides Act 1999 ) placed in or on, or otherwise introduced into or onto the land, in the course of being used within the meaning of that Act, (b) a fertiliser, liming material or trace element product within the meaning of the Biosecurity Act 2015 that may lawfully be sold as such, (c) non-hazardous agricultural or crop waste, including stock feed made solely from such waste, (d) manure, (e) virgin excavated natural material, (f) biosolids or any other substances prescribed by the regulations for the purposes of this section. (2) Words and expressions used in this section have the meanings prescribed by the regulations. s 142D: Ins 2005 No 96, Sch 1 [66]. Am 2015 No 24, Sch 8.32. 142E Defences relating to unlicensed landfills It is a defence in proceedings for an offence under this Division if the person establishes that a substance was placed in or on, or otherwise introduced into or onto, land that was an unlicensed landfill site notified to the EPA in accordance with, and operated in accordance with, any requirements of the regulations. s 142E: Ins 2005 No 96, Sch 1 [66]. Division 3 Waste offences pt 5.6, div 3, hdg: Ins 2005 No 96, Sch 1 [67]. 143 Unlawful transporting or depositing of waste (1) Offence If a person transports waste to a place that cannot lawfully be used as a waste facility for that waste, or causes or permits waste to be so transported— (a) the person, and (b) if the person is not the owner of the waste—the owner of the waste, and (c) if the waste is transported in a vehicle and the person is not the owner of the vehicle—the owner of the vehicle, are each guilty of an offence. Maximum penalty— (a) for a corporation— (i) if the offence involves asbestos waste—$4,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (ii) otherwise—$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual— (i) if the offence involves asbestos waste—$1,000,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues, or (ii) otherwise—$500,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues. Note. An offence against subsection (1) committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169. (2) Proof of lawfulness In any proceedings for an offence under this section the defendant bears the onus of proving that the place to which the waste was transported can lawfully be used as a waste facility for that waste. (3) Defence—owner of waste It is a defence in any proceedings against an owner of waste for an offence under this section if the owner did not transport the waste and establishes— (a) that the commission of the offence was due to causes over which the owner had no control, and (b) that the owner took reasonable precautions and exercised due diligence to prevent the commission of the offence. (3A) Defence—approved notice It is a defence in any proceedings for an offence under this section if the defendant establishes that— (a) an approved notice was, at the time of the alleged offence, given to the defendant by the owner or occupier of the place to which the waste was transported or was displayed at the place, and (b) the approved notice stated that the place could lawfully be used as a waste facility for the waste, and (c) the defendant had no reason to believe that the place could not lawfully be used as a waste facility for the waste. (3B) However, it is not a defence in such proceedings for the defendant to establish that the defendant relied on the advice (other than advice in the form of an approved notice) given by the owner or occupier concerned to the effect that the place could, at the time of the alleged offence, be lawfully used as such a waste facility. (3C) Defence—waste not deposited It is a defence in any proceedings for an offence under this section if the defendant establishes that the waste transported by the defendant was not deposited by the defendant or any other person at the place to which it was transported. (4) Definitions In this section— approved notice means a notice, in a form approved by the EPA— (a) stating that the place to which the notice relates can lawfully be used as a waste facility for the waste specified in the notice, and (b) that contains a certification by the owner or occupier of the place that the statement is correct. owner of waste includes, in relation to waste that has been transported, the person who was the owner of the waste immediately before it was transported. s 143: Am 1999 No 31, Sch 1.37 [8]–[10]; 2005 No 96, Sch 1 [68] [69]; 2012 No 97, Sch 1.34 [19]; 2018 No 80, Sch 1 [3] [4]; 2022 No 3, Sch 5[39]; 2024 No 20, Sch 9[32]. 144 Use of place as waste facility without lawful authority (1) A person who is the owner or occupier of any place and who uses the place, or causes or permits the place to be used, as a waste facility without lawful authority is guilty of an offence. Maximum penalty— (a) for a corporation— (i) if the offence involves asbestos waste—$4,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (ii) otherwise—$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual— (i) if the offence involves asbestos waste—$1,000,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues, or (ii) otherwise—$500,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues. Note. An offence against subsection (1) committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169. (2) In any proceedings for an offence under this section the defendant bears the onus of proving that there is lawful authority to use the place concerned as a waste facility. s 144: Am 1999 No 31, Sch 1.37 [11]. Subst 2005 No 96, Sch 1 [70]. Am 2012 No 97, Sch 1.34 [20]; 2013 No 60, Sch 1 [2]; 2018 No 80, Sch 1 [5] [6]; 2024 No 20, Sch 9[33]. 144AAA Unlawful disposal of asbestos waste (1) A person disposing of asbestos waste off the site at which it is generated must do so at a place that can lawfully receive the waste. Maximum penalty— (a) for a corporation—$4,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual—$1,000,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues. Note. An offence against subsection (1) committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169. (2) In this section, dispose of asbestos waste includes to dump, abandon, deposit, discard, reject, discharge or emit anything that constitutes asbestos waste, and also includes to cause or permit the disposal of asbestos waste. s 144AAA: Ins 2018 No 80, Sch 1 [7]. Am 2024 No 20, Sch 9[34]. 144AAB Re-use and recycling of asbestos waste prohibited A person must not cause or permit asbestos waste in any form to be re-used or recycled. Maximum penalty— (a) for a corporation—$4,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual—$1,000,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues. Note. An offence against this section committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169. s 144AAB: Ins 2018 No 80, Sch 1 [7]. Am 2024 No 20, Sch 9[35]. 144AA False or misleading information about waste (1) A person who supplies information about waste to another person in the course of dealing with the waste, being information that is false or misleading in a material respect, is guilty of an offence. It is a defence in any proceedings against a person for an offence under this subsection if the person establishes that the person took all reasonable steps to ensure that the information was not false or misleading in a material respect. Maximum penalty— (a) for a corporation—$1,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual—$500,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues. Note. An offence under subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 169A. (2) A person who supplies information about waste to another person in the course of dealing with the waste, being information that the person knows is false or misleading in a material respect, is guilty of an offence. Maximum penalty— (a) for a corporation—$2,000,000 and, for a continuing offence, a further penalty of $240,000 for each day the offence continues, or (b) for an individual—either or both of the following— (i) $1,000,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues, (ii) imprisonment for 18 months. (2A) If the court is satisfied that a person charged with an offence under subsection (2) is not guilty of that offence but is satisfied on the evidence that the person is guilty of an offence under subsection (1), the court may find the person guilty of the offence under subsection (1), and the person is liable to punishment accordingly. (2B) Proceedings for an offence under subsection (2) may not be dealt with before the Local Court despite section 215. (3) In this section, information is taken to be supplied to a person in the course of dealing with waste if it is supplied— (a) in the course of an activity relating to the sale or disposal of waste, or (b) in the course of an activity relating to the storage, transport, handling, deposit, transfer, processing, recycling, recovery, re-use or use of the waste. (4) In this section, information about waste means information about any of the following— (a) the type, classification, characteristics, composition or quantity of the waste, (b) the actual or proposed storage, transport, handling, deposit, transfer, disposal, processing, recycling, recovery, re-use or use of the waste, (c) the hazards or potential harm to the environment or human health associated with the waste or an activity referred to in paragraph (b). (5) In this section, information includes a record containing information. (5A) In this section, supply information includes cause or permit information to be supplied. (6) Proceedings for an offence against this section may be instituted only by the EPA. s 144AA: Ins 2005 No 96, Sch 1 [70]. Am 2012 No 97, Sch 1.34 [21]; 2013 No 60, Sch 1 [3] [4]; 2022 No 3, Sch 5[40] [41]; 2024 No 20, Sch 9[36] [37]. 144AB Repeat waste offenders (1) For the purposes of this section, a waste offence is an offence against any of the following provisions of this Act— (aaaa) section 48(2), if the offence relates to an activity set out in Schedule 1, clauses 39–42, (aaa) section 91B, in relation to a pollution incident relating to waste, (aa) section 115(1), (ab) section 116, if the leaks, spillages or other escapes involve waste, (a) section 120 (1) (where waters are polluted by waste), (b) section 142A (1), (c) section 143 (1), (d) section 144 (1), (e) section 144AAA (1), (f) section 144AAB, (g) section 144AA(1) or (2), (h) section 286A(2), (i) section 286B(1), (j) section 286C(1). (2) A person commits an offence against this section if the person is an individual who— (a) has been convicted of a waste offence, and (b) commits a waste offence on a separate subsequent occasion within 5 years after that conviction. Maximum penalty—The maximum monetary penalty provided by this Act for the commission of the waste offence by an individual or imprisonment for 2 years, or both. (3) A reference in this section to a conviction for a waste offence includes a conviction before or after the commencement of this section and a conviction for an offence against this section. (4) If the court is satisfied that a person charged with an offence against this section is not guilty of that offence but is satisfied on the evidence that the person is guilty of the waste offence to which the charge relates, the court may find the person guilty of the waste offence, and the person is liable to punishment accordingly. (5) Proceedings for an offence against this section may not be dealt with before the Local Court despite section 215. s 144AB: Ins 2013 No 60, Sch 1 [5]. Am 2018 No 80, Sch 1 [8]; 2022 No 3, Sch 5[42] [43]; 2024 No 20, Sch 9[38]; 2025 No 58, Sch 9[43]. 144AC Use of approved GPS tracking device required by EPA for waste transportation vehicles (1) The EPA may, by notice in writing, require a person who is engaged in the transportation of waste to ensure that— (a) approved GPS tracking devices are installed, used and maintained, in the manner specified in the notice, on any motor vehicles or trailers, or both, that are used by the person (or an employee, subcontractor or agent of the person) to transport waste, and (b) such devices are not tampered with. (2) A person who does not comply with a notice given to the person under subsection (1) is guilty of an offence. Maximum penalty— (a) for a corporation—$44,000, or (b) for an individual—$22,000. (3) In this section— approved GPS tracking device means a device of a kind approved by the EPA that uses the Global Positioning System to keep track of the location of a motor vehicle. s 144AC: Ins 2014 No 65, Sch 2.1 [5]. Am 2017 No 21, Sch 3 [6]; 2024 No 20, Sch 9[39]; 2024 No 47, Sch 2.13.