MCU14/0028 Appendix 2 EnvProtAct 1994

                                                  Environmental Protection Act 1994
                                           Chapter 8 General environmental offences
                                     Part 3C Offences relating to water contamination

                                                                           [s 440ZD]


Part 3C                     Offences relating to water
                            contamination

440ZD Definitions for pt 3C
              In this part—
              deposits see section 440ZE.
              earth means sand, soil, silt or mud.
              prescribed water contaminant means—
              (a)    earth; or
              (b)    a contaminant prescribed under section 440ZF.
              stormwater drainage means a drain, channel, pipe, chamber,
              structure, outfall or other work used to receive, store, transport
              or treat stormwater.

440ZE Meaning of deposits for pt 3C
        (1)   A person deposits a contaminant in waters or at another place
              if the person—
              (a)    drops, places or throws the contaminant in the waters or
                     onto the place; or
              (b)    releases the contaminant, or otherwise causes it to move,
                     into the waters or onto the place.
        (2)   A person deposits a contaminant at a place if—
              (a)    the person is an occupier of the place or the contaminant
                     is under the person’s control; and
              (b)    someone deposits the contaminant at the place in a way
                     mentioned in subsection (1); and
              (c)    the person does not remove the contaminant from the
                     place within a reasonable time after becoming aware
                     that the contaminant has been deposited at the place.


Current as at 20 February 2014                                             Page 367