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12. Offences
against public health and safety
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Article 92-Offences
involving handling of deadly/dangerous waste
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| 92.1 |
Deadly/dangerous waste |
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Deadly and or dangerous/harmful waste is any organic, non-organic and/or synthetic matter which possess a grievous health risk to human beings and/or living animals if they are directly or indirectly exposed. |
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Primary Fact(s) |
| 1. That alleged deadly and/or dangerous/harmful waste was discovered, seized or recorded being disposed of at a particular location; |
| 2. That subsequent tests confirmed the existing of deadly and/or dangerous/harmful waste at the location of the offence; |
| 3. That laws exist regarding the proper transport/storage and disposal of all dangerous waste; |
| 4. That the condition of the discovery of dangerous waste at the location did breach one or more laws regarding its proper transport/storage and/or disposal; |
| 5. That the actions of the accused contributed to the breach one or more laws regarding the proper transport/storage and/or disposal of the waste in question. |
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Penalty Conditions (Level 3-Crime) |
Type |
Condition(s) |
1-3 |
a) participant in the unlawful transport/disposal of under 100 Kg of toxic/dangerous waste; |
4-6 |
a) participant in the unlawful transport/disposal of over 100 Kg and under 1,000 Kg of toxic/dangerous waste; |
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Penalty Conditions (Level 4-Crime) |
Type |
Condition(s) |
1-3 |
a) owner/officer of a company in the unlawful transport/disposal of under 100 Kg of toxic/dangerous waste;
b) participant in the unlawful transport/disposal of over 1,000 Kg and under 100,000 Kg of toxic/dangerous waste; |
4-6 |
a) owner/officer of a company in the unlawful transport/disposal of over 100 Kg and under 1,000 Kg of toxic/dangerous waste;
b) participant in the unlawful transport/disposal of over 100,000 Kg of toxic/dangerous waste; |
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Penalty Conditions (Level 5-Crime) |
Type |
Condition(s) |
1-3 |
a) owner/officer of a company in the unlawful transport/disposal of over 1,000 Kg and under 100,000 Kg of toxic/dangerous waste; |
4-6 |
a) owner/officer of a company in the unlawful transport/disposal of over 100,000 Kg of toxic/dangerous waste; |
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