Hazardous Waste (Control of Export, Import and Transit) Act · 2024 Revised Edition · Part · General
41. Offences by body corporate
Official textFrom Attorney General's Chambers, unchanged
Where an offence under this Act has been committed by a body corporate, any person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer thereof, or who was purporting to act in any such capacity, is also guilty of that offence and is liable to be proceeded against and punished accordingly unless he proves that —
Director
“Director” means the Director of Environment, Parks and Recreation referred to in section 14 and includes the Deputy Director and Assistant Directors;
the offence was committed without his knowledge, consent or connivance; and
he had exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
Notwithstanding subsection (1), in determining whether a person has exercised all such diligence to prevent the commission of the offence under subsection (1), a court shall have regard to whether the person took any action directed towards ensuring the following (to the extent that the action is relevant to the contravention) that —
Hazardous Waste (Control of Export,
waste
“waste” means a substance or object that is — (a) proposed to be disposed of; (b) disposed of; or (c) required by any written law to be disposed of.
Import and Transit)
the body arranges regular professional assessments of the body’s compliance with this Act;
the body implements any appropriate recommendations arising from such an assessment;
the body implements an effective system of hazardous or other waste management, where the system is consistent with the environmentally sound management of the waste;
the body has contingency procedures for dealing with an emergency involving hazardous or other waste, where the procedures are directed towards —
reducing the risk of injury or damage to human beings or the environment; and
mitigating any such injury or damage;
the body’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements of this
Act, in so far as those requirements affect the employees, agents or contractors concerned.
Terms defined in s 2
Director
Defined · s 2“Director” means the Director of Environment, Parks and Recreation referred to in section 14 and includes the Deputy Director and Assistant Directors;
environmentally sound management
Defined · s 2“environmentally sound management”, in relation to hazardous or other waste, has the meaning given to it by section 8; Hazardous Waste (Control of Export, Import and Transit)
waste
Defined · s 2“waste” means a substance or object that is — (a) proposed to be disposed of; (b) disposed of; or (c) required by any written law to be disposed of.