MCU14/0028 Appendix 2 EnvProtAct 1994

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

[s 440ZF]

         (3)   A person deposits earth at a place if the person carries on
               earthworks or another activity that exposes the earth at the
               place.
         (4)   A person deposits earth at a place if—
               (a)    the person is an occupier of the place; and
               (b)    someone deposits the earth at the place in a way
                      mentioned in subsection (3); and
               (c)    the person does not stop the earth being exposed at the
                      place within a reasonable time after becoming aware
                      that the earth has been exposed at the place.
         (5)   A reference in subsections (2) to (4) to a place does not
               include waters.
         (6)   For subsections (1) to (4), none of the subsections limits any
               of the other subsections.

440ZF Prescribed water contaminants
         (1)   A regulation may prescribe a contaminant for this part.
         (2)   The Minister must not recommend to the Governor in Council
               the making of a regulation under subsection (1) unless the
               Minister is satisfied the contaminant is likely to cause
               environmental harm if it enters waters.

440ZG Depositing prescribed water contaminants in waters and
      related matters
               A person must not—
               (a)    unlawfully deposit a prescribed water contaminant—
                      (i)   in waters; or
                      (ii) in a roadside gutter or stormwater drainage; or
                      (iii) at another place, and in a way, so that the
                            contaminant could reasonably be expected to wash,
                            blow, fall or otherwise move into waters, a
                            roadside gutter or stormwater drainage; or
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