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Statutes of Newfoundland 1998
AN ACT RESPECTING THE MANAGEMENT OF WASTE MATERIAL
(Assented to December 15, 1998)
1. Short title
3. Act binds Crown
4. Board continued
5. Waste management program
6. Authority of minister
9. Orders of the court
10. SN1993 cP-0.1
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
1. This Act may be cited as the Waste Management Act.
2. In this Act
(a) "board" means the Multi-Materials Stewardship Board continued under section 4;
(b) "minister" means the minister responsible for the administration of this Act under the Executive Council Act;
(c) "post-use material" means material or an item which has served its intended purpose and can no longer be used for that purpose but does not include the in-plant reutilization of material or an item;
(d) "recovery" means the process of obtaining and reutilizing material or energy from waste material;
(e) "recycling" means a process through which a post-use material is collected and processed for transformation into a new material or item;
(f) "reduction" means the elimination of packaging or reduction of the weight, volume or toxicity of packaging or an item;
(g) "reuse" means the direct reapplication of a package or item, for the same or different purpose, in its original form;
(h) "substance" means
(i) matter that may become dispersed in the environment,
(ii) matter that may become transformed in the environment into matter under subparagraph (i),
(iii) heat, radiation or other form of energy, or
(iv) a combination of subparagraph (i), (ii) or (iii);
(i) "waste management" means the collection, transportation, handling, storage, treatment, utilization, diversion, recycling, reuse, recovery, reduction and disposal of waste material;
(j) "waste management program" means a program containing provisions or requirements for waste management, and includes related research; and
(k) "waste material" means
(i) refuse, garbage, rubbish, litter, scrap and discarded material, including tailings, effluent, sludge, sewage, offal, and machinery, a product, vehicle or other item that is dumped, discarded, abandoned or otherwise disposed of,
(ii) a material or thing that may be a danger to the health of human beings, animals, wild life or fish, or is of unsightly appearance, and
(iii) a substance designated as waste material in the regulations.
Act binds Crown
3. This Act binds the Crown.
4. (1) The Multi-Materials Stewardship Board established under section 4.1 of the Packaging Material Act is continued as a corporation.
(2) The board is an agent of the Crown.
(3) The board shall support and promote the protection, enhancement and wise use of the environment through waste management programs.
Waste management program
5. (1) The board may submit a proposal for a waste management program to the minister.
(2) In accordance with a written request by the minister, the board shall submit a proposal for a waste management program to the minister.
(3) Subject to the approval of the Lieutenant-Governor in Council, the minister may
(a) approve all or part of a waste management program;
(b) approve an amendment to a waste management program;
(c) impose conditions on a waste management program;
(d) direct the board to include a provision or requirement in a waste management program; and
(e) cancel a waste management program.
(4) The minister may reject all or part of a waste management program.
(5) The board shall not implement or operate a waste management program except in accordance with the approval of the minister.
(6) Subject to the approval of the Lieutenant-Governor in Council, the minister may direct the board to implement and operate a waste management program.
(7) The minister may implement and operate a waste management program approved by the Lieutenant-Governor in Council.
(8) A program for waste management operated under the authority of the board at the time this Act comes into force is considered to be a waste management program approved under this section.
Authority of minister
6. The minister may
(a) undertake or support and encourage research into waste management;
(b) prescribe forms for the purpose of this Act; and
(c) require the board, a corporation, institution or government department or agency to collect and record data or other information on waste management, and to provide a report as required by the minister.
7. (1) The Lieutenant-Governor in Council may make regulations
(a) respecting the establishment, administration, mandate and operation of the board;
(b) respecting the implementation and operation of a waste management program;
(c) designating a substance as a waste material;
(d) respecting the establishment and operation of a facility or agency for the purpose of waste management;
(e) respecting the appointment and duties of inspectors;
(f) prescribing a penalty for a contravention of the regulations; and
(g) generally to give effect to the purpose of this Act.
(2) Regulations made under this Act may be made with retroactive effect.
8. (1) A person who
(a) provides the minister or the board with false or misleading information, or fails to provide information as required by this Act or regulations; or
(b) otherwise contravenes this Act or regulations
is guilty of an offence and is liable on summary conviction to a fine of not more than $250,000.
(2) A conviction for an offence under a provision of this Act or regulations does not bar further prosecution for the continued contravention of that provision, and each day’s continued contravention shall constitute a separate offence.
Orders of the court
9. Where a person has been convicted of an offence under this Act the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order
(a) prohibiting the offender from doing an act or engaging in an activity that may result in the continuation or repetition of the offence;
(b) directing the offender to publish, in the manner directed by the court, the facts relating to the conviction; and
(c) directing the offender to perform community service.
10. The Packaging Material Act is repealed.
11. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.
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