Document ID: chunk:federal_register_of_legislation:F2004C00355:body:0:p6
Version: federal_register_of_legislation:F2004C00355
Segment Type: other
Provision Reference: 
Character Range: 12457–15014

does not adversely affect the local environment; and
 (b) if a permit is required under the Environment Protection (Sea Dumping) Act 1981 — is in accordance with a permit granted under that Act.

 (2) Without limiting paragraph (1) (a), the by-product may be disposed of by placing it on sea ice so that the by-product falls into the sea when the sea ice melts.

Division 7 Cleaning up

19 Cleaning up waste disposal sites and abandoned work sites

 (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.

 (3) Subregulation (1) does not require a site to be cleaned up before an assessment has been made of the historical value of any material or structure on the site.

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

Part 3 Compliance with waste management requirements

20 Non-compliance with Part 2 in certain circumstances

 (1) A person need not comply with a requirement of Part 2 when carrying on an activity in an emergency:
 (a) to save a person from death or serious injury; or
 (b) to secure the safety of a ship or aircraft or the safety of equipment or facilities of high value; or
 (c) to protect the environment.

 (2) A person need not comply with a requirement of Part 2 if:
 (a) the equipment used by the person to manage waste in accordance with the requirement has been damaged unintentionally; and
 (b) all reasonable precautions have been taken after the occurrence of the damage to minimise the impact on the environment resulting from the damage.

21 Notification of non-compliance with Part 2

 (1) A person who contravenes a requirement of Part 2 in circumstances described in regulation 20, must, unless he or she has a reasonable excuse, give the Minister or an authorised person notice