Document ID: chunk:federal_register_of_legislation:F2004C00355:body:0:p5
Version: federal_register_of_legislation:F2004C00355
Segment Type: other
Provision Reference: 
Character Range: 10152–12697

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 When may waste be disposed of on ice

 (1) This regulation applies to waste that:
 (a) is generated at a station located inland or a field camp; and
 (b) is not required, under Division 3, to be removed, sterilised or incinerated; and
 (c) is not combustible.

 (2) Subject to subregulation (3), if disposal of waste as otherwise permitted by this Part is not reasonably practicable, a person may dispose of the waste in an ice pit.

 (3) A person disposing of waste in an ice pit must ensure that:
 (a) the top of the waste in the pit is below the top of the ice immediately around the pit; and
 (b) the ice pit is not in an ice-flow line known by the person to terminate at an ice-free area or in an area in which waste may become exposed.

Penalty:   20 penalty units.

Division 6 Disposal of sewage and domestic liquid waste into the sea

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 Disposal of by-product of sewage treatment

 (1) The by-product of treatment of sewage by the rotating biological contactor process or a similar process may be disposed of into the sea if the disposal is in a manner that:
 (a) 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