In force2020 Revised Edition

Contents

Environmental Public Health Act 1987 · 2020 Revised Edition · Part 3A · Waste Management

29. Dangerous substance or toxic industrial waste not to be brought to disposal facility without permission

(1)

A person who owns or is in possession of any dangerous substance or toxic industrial waste or the residue from the treatment thereof must not bring or cause to be brought the substance or waste to any disposal facility for disposal without the written permission of the Director‑General.

(2)

An application for the written permission mentioned in subsection (1) must be made to the Director‑General giving details of the nature and composition of the dangerous substance or toxic industrial waste and the residue thereof.

(3)

In granting the permission under subsection (1), the Director‑General may, by written notice, require the owner or the person in possession of the dangerous substance or toxic industrial waste to treat such substance or waste at the owner’s or person’s own expense before it is brought to any disposal facility for disposal.

(4)

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(5)

Any waste disposal licensee who knowingly allows any dangerous substance or any toxic industrial waste or the residue from the treatment thereof to be disposed of at the disposal facility in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

Terms defined in s 2

dangerous substance
Defined · s 2
“dangerous substance” means —(a)aquafortis, vitriol, naphtha benzine, gunpowder, lucifer matches, nitroglycerine and petroleum;(b)any explosive within the meaning of the Arms and Explosives Act;(c)any radioactive material within the meaning of the Radiation Protection Act 2007;(d)any substance which owing to its nature, composition or quantity constitutes a danger to property or human life or health; and(e)such other substance which the Agency may, with the approval of the Minister, by notification in the Gazette, declare to be a dangerous substance for the purpose of this Act;
Open s 2
Director-General
Defined · s 2
“Director-General” means the Director-General of Public Health appointed under section 3(1);
Open s 2
disposal facility
Defined · s 2
“disposal facility” includes a recycling facility, a refuse disposal ground, any place used for the deposit of refuse or waste, an incinerator or any plant, machinery or apparatus used for the processing or treatment of refuse or waste;
Open s 2
toxic industrial waste
Defined · s 2
“toxic industrial waste” means any industrial waste which owing to its nature, composition or quantity constitutes a danger to human health or the environment or which contains or may produce pathogens of transmissible diseases;
Open s 2
waste
Defined · s 2
“waste” includes —(a)any substance which constitutes a scrap material or an effluent or other unwanted surplus substance arising from the application of any process; and(b)any substance or article which requires to be disposed of as being broken, worn out, contaminated or otherwise spoiled,and anything which is discarded or otherwise dealt with as if it were waste is presumed to be waste unless the contrary is proved;
Open s 2
waste disposal licensee
Defined · s 2
“waste disposal licensee” means any person who is licensed under section 23 to construct, establish, maintain or operate any disposal facility;
Open s 2