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Statutes of Newfoundland 1992


CHAPTER 49

CHAPTER 49

AN ACT TO AMEND THE WASTE MATERIAL DISPOSAL ACT (NO. 2)

(Assented to December 23, 1992)

Analysis

1. S. 24 Added
Offence

2. Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


RSN 1990 cW-4

1. The Waste Material Disposal Act is amended by adding immediately after section 23 the following:

Offence

24. (1) Notwithstanding sections 17 and 23, a person who is the owner of a motor vehicle in the province and any other person shall not abandon that motor vehicle in the province.

(2) For the purpose of this section, a motor vehicle shall be considered to be abandoned where that vehicle has been left unattended without lawful authority and appears to be abandoned by reason of its age, appearance, mechanical condition or lack of identification plates.

(3) For the purpose of this section, in the absence of evidence to the contrary, a person who is the last registered owner of an abandoned motor vehicle shall be considered to have been the owner of that motor vehicle at the time of its abandonment.

(4) A person who contravenes this section commits an offence and is liable on summary conviction to a fine of not less than $1,000 and not more than $5,000, or to a term of imprisonment of not more than 6 months or to both the fine and imprisonment.

(5) Where a person has been convicted under subsection (4), the court shall order that

(a) the person remove the abandoned motor vehicle as directed by the minister; or

(b) the person pay to the minister, the cost of the removal of the abandoned motor vehicle;

and the court shall order that

(c) the person's driver's licence be suspended for 6 months or until the abandoned motor vehicle has been removed or until payment has been made under paragraph (b), whichever is lesser.

(6) Where an order to suspend a person's driver's licence is made under paragraph (5)(c), sections 60 and 61 of the Highway Traffic Act apply, with the necessary changes, to the court which made that order.

(7) Section 8 of the Summary Proceedings Act shall not apply in relation to an offence under this section.

(8) An information or complaint under subsection (1) may be laid or made on or before a date 10 years from the date when the matter of the information or complaint arose or 10 years after the date of coming into force of this Act, whichever date is later.

Commencement

2. This Act shall come into force on a date to be proclaimed by the Lieutenant-Governor in Council.

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