Legislation

The Protection of the Environment Operations Act 1997 (POEO Act) provides a tiered range of illegal dumping offence provisions/fines. They are:

Tier 3 - on-the-spot fines

  • $750 on-the-spot fine for individuals for illegal dumping up to a maximum of $1500;
  • $1500 on-the-spot fines for corporations for illegal dumping up to a maximum of $5000

Tier 2 - use of land as waste facility without lawful authority

  • Maximum penalty in the case of an individual: $250,000 and, in the case of a continuing offence, a further penalty of $60,000 for each day the offence continues;
  • Maximum penalty in the case of a corporation: $1,000,000 and in the case of a continuing offence, a further penalty of $120,000

Tier 1 - disposal of waste: harm to the environment

  • Maximum penalty in the case of an individual: $1,000,000 and/or 7 years' imprisonment;
  • Maximum penalty in the case of a corporation: $5,000,000

Action can be taken by Council Officers in response to illegal dumping under the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 2005. Such action may involve warnings being given to those parties responsible, on-the-spot fines or prosecution.

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