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Environment Management (Litter and Waste Control( Regulations 2016

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Environment Management (Litter and Waste Control) Regulations 2016






C
T

ENVIRONMENT MANAGEMENT (LITTER

AND WASTE CONTROL) REGULATIONS

2016


Environment Management (Litter and
Waste Control) Regulations 2016 Arrangement of Sections





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C
T

ENVIRONMENT MANAGEMENT (LITTER AND

WASTE CONTROL) REGULATIONS 2016

Arrangement of Sections

Regulation

PART I - PRELIMINARY 5

1 Short title................................................................................................................ 5
2 Interpretation .......................................................................................................... 5

PART II - LITTER CONTROL MEASURES 7

3 Offence to litter ...................................................................................................... 7
4 Duty to keep land and premises clean .................................................................... 8

PART III - WASTE RELATED OFFENCES 8

5 Offence to dump waste .......................................................................................... 8
6 Offence to dump hazardous waste ......................................................................... 8
7 Dumping waste which cause pollution .................................................................. 8
8 Offences relating to public waste bins ................................................................... 9
9 Restrictions on burning litter and waste ................................................................. 9
10 Offence to burn noxious waste .............................................................................. 9
11 Offence to burn hazardous waste ......................................................................... 10
12 Certain waste not to be used for land filling or reclamation ................................ 10
13 Offence to burn waste at authorised dumpsites ................................................... 10
14 Prescribed hazardous waste ................................................................................. 11

PART IV - ENFORCEMENT PROVISIONS 11

15 Officers to enforce these Regulations .................................................................. 11
16 Notice to cease certain activities concerning waste ............................................. 12
17 Remedial action and cost recovery ...................................................................... 12

Arrangement of Sections
Environment Management (Litter and

Waste Control) Regulations 2016





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PART V – INFRINGEMENT NOTICES 12

18 Infringement Notice ............................................................................................. 12
19 Amount of Infringement Notice ........................................................................... 13

PART VI - MISCELLANEOUS 13

20 Employers to be liable .......................................................................................... 13
21 Proving matters relating to waste ......................................................................... 13

SCHEDULE 1 14

LITTER AND WASTE COMPLIANCE NOTICE 14

SCHEDULE 2 16

FORM OF NOTICE OF INFRINGEMENT 16

Environment Management (Litter and Waste
Control) Regulations 2016 Regulation 1





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C
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ENVIRONMENT MANAGEMENT (LITTER AND

WASTE CONTROL) REGULATIONS 2016

ENVIRONMENT MANAGEMENT ACT 2010

IN EXCERCISE of the powers conferred by sections 19(1)(c) of the

Environment Management Act 2010, the Minister of Environment with the

consent of Cabinet, hereby makes the following Regulations -



PART I - PRELIMINARY

1 Short title

These Regulations may be cited as the Environment Management (Litter and Waste

Control) Regulations 2016.

2 Interpretation

In these Regulations, unless the context otherwise requires ―

“Act” means the Environment Management Act 2010, as amended;

“approved Authority” means any approved Authority for any waste

management service area under the Waste Management Act 2005 , and includes

the Waste Authority Limited;

Regulation
Environment Management (Litter and Waste

Control) Regulations 2016





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“authorised dumping site” means any waste dump, landfill or other waste

disposal facility operated by an approved Authority in accordance with the

Waste Management Act 2005;

“Court” means the Magistrates Court;

“corporation” includes any licensed business;

"deposit", in relation to litter or waste, includes ―

(a) placing, throwing or dropping; or

(b) allowing litter or waste to be thrown or dropped, or to otherwise escape,

from any motor vehicle, trailer, ship, boat, vessel or craft;

“environment officer” means an environment officer appointed under section

11 of the Act;

“hazardous waste” means ―

(a) any waste which are, or which have the potential to be, toxic or

poisonous, or which may cause injury or damage to human health or to

the environment;

(b) any specific substance, object or thing determined under any law to be a

hazardous waste;

(c) any other matter or thing deemed under international conventions

applicable to the Kingdom of Tonga to be hazardous waste, or to have

the characteristics of hazardous waste; and

(d) any waste provided under the Hazardous Waste and Chemicals Act 2010

as hazardous waste;

“litter” includes refuse, rubbish, paper, cardboard, bottles, cans, glass, metal,

food scraps, cigarette butts or any part of a discarded cigarette, or any other

waste matter of a like nature, which are ―

(a) discarded as waste; or

(b) kept in any place for no purpose other than as waste;

“ozone depleting substance” means all substances prohibited or regulated as

controlled substances under the Vienna Convention for the Protection of the

Ozone Layer from time to time, including the chemicals prescribed under the

Convention being types of chlorofluorocarbons, halons, carbon tetrachlorides,

methyl chloroforms, hydrobromofluorocarbons, hydrochlorofluorocarbons and

methyl bromide;

“persistent organic pollutant” means any of the chemicals or substances

regulated under the Stockholm Convention from time to time, including any

substance or thing which is or contains aldrin, chlordane, DDT, dieldrin, endrin,

heptachlor, mirex and toxaphene;

Environment Management (Litter and Waste
Control) Regulations 2016 Regulation 3





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"pollution" means the introduction by persons, directly or indirectly, of

substances or things into the environment which ―

(a) contaminates the soil, water, sea, air or the atmosphere;

(b) may result in harm to living resources and ecosystems, or hazardous to

human health; or

(c) causes detriment to or degradation of the environment; or detriment to

any beneficial use of any part of the environment, and includes

“pollution” as prescribed by any law;

“place” includes ―

(a) any public land, or for the purposes of depositing, dumping or

discharging of litter, waste or hazardous waste includes land belonging

to another person;

(b) every road, street, private roadway, footpath, access way, drain, service

lane, thoroughfare, wharf, pier, jetty and airport to which the public has

access;

(c) any park and reserve, and any place of public recreation to which the

public has access, whether with or without payment of any fee;

(d) any beach or foreshore, mangrove area, swamp or any other similar place

to which the public has access;

(e) in or near a water source, a lake or the sea; and

(f) any other place whether public or private in the open air to which the

public has access, whether with or without payment of any fee, but does

not include any authorised dumping site, or any rubbish bin or receptacle

in any place;

“Stockholm Convention” means the Stockholm Convention on Persistent

Organic Pollutants 2001; and

“waste” has the same meaning as in the Waste Management Act 2005, and

includes dead animals being disposed of as waste, and all things declared or

deemed to be waste under any other law.

PART II - LITTER CONTROL MEASURES

3 Offence to litter

Any person, who without reasonable justification, drops, deposits or dumps litter at

any place, commits an offence and shall be liable upon conviction to a fine not

exceeding $50.

Regulation
Environment Management (Litter and Waste

Control) Regulations 2016





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4 Duty to keep land and premises clean

Every owner and occupier of land or premises shall keep their land and premises free

from litter and other waste which may become litter.

PART III - WASTE RELATED OFFENCES

5 Offence to dump waste

Any person, who deposits, dumps or discharges any waste, or who causes waste to be

deposited, dumped or discharged on any place, commits an offence and shall be liable

upon conviction to a fine -

(a) not exceeding $500, in the case of an individual; or

(b) not exceeding $1,000, in the case of a corporation, or an individual who has

committed an offence against this regulation on a previous occasion.

6 Offence to dump hazardous waste

Any person who, deposits, dumps or discharges any hazardous waste, or who causes

hazardous waste to be deposited, dumped or discharged on any place, commits an

offence and shall be liable upon conviction -

(a) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12

months, or both, in the case of an individual; or

(b) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3

years, or both, in the case of a corporation, or an individual who has committed

an offence against this regulation on a previous occasion.

7 Dumping waste which cause pollution

(1) Any person who, deposits or dumps waste at a place other than an authorised

dumping site, and such waste causes pollution to a public area or to land

belonging to the government or to another person, commits an offence and shall

be liable upon conviction to a fine ―

(a) not exceeding $1,000 or to imprisonment for a term not exceeding 3

months, or both, in the case of an individual; or

(b) not exceeding $5,000 or to imprisonment for a term not exceeding 12

months, or both, in the case of a corporation, or an individual who has

committed an offence against this regulation on a previous occasion.

(2) The dumping or disposal of dead animals in a place is deemed to be an act

which causes pollution for the purposes of sub-regulation (1).

Environment Management (Litter and Waste
Control) Regulations 2016 Regulation 8





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8 Offences relating to public waste bins

(1) Any person who dumps waste into a public waste receptacle that is provided at

a place only for the purpose of receiving small quantities of litter, commits an

offence and shall be liable upon conviction to a fine ―

(a) not exceeding $100, in the case of an individual; or

(b) not exceeding $500, in the case of a corporation, or an individual who

has committed an offence against this regulation on a previous

occasion.

(2) Any person who steals, damages or sets fire to a public waste receptacle that is

provided at a place for the purpose of receiving litter and waste, commits an

offence and shall be liable upon conviction to a fine not exceeding $500.

(3) The owner and driver of a taxi or public bus who fails to provide a receptacle

for passengers to deposit litter while on board the taxi or bus, commits an

offence and shall be liable upon conviction to a fine not exceeding $100.

9 Restrictions on burning litter and waste

(1) Any person who burns litter or other waste in a manner or at a place which

causes any nuisance to any person commits an offence and shall be liable upon

conviction to a fine not exceeding $200.

(2) Any person who burns litter or other waste and causes or permits the spread of

fire in any manner so as to burn any area of land, any structure or any living

vegetation commits an offence and shall be liable upon conviction to a fine not

exceeding $500 and is liable to pay compensation for any damage so caused.

10 Offence to burn noxious waste

(1) For the purposes of this regulation “noxious waste” includes waste ―

(a) which contains plastics, rubber, polystyrene foam, waste oil which emits

smoke or fumes; or

(b) which creates an unintentional Persistent Organic Pollutant as provided

for in the Stockholm Convention.

(2) Any person who intentionally burns noxious waste commits an offence and

shall be liable upon conviction to a fine ―

(a) not exceeding $1,000 in the case of an individual; or

(b) not exceeding $5,000 in the case of a corporation, or an individual who

has committed an offence against this regulation on a previous occasion.

Regulation
Environment Management (Litter and Waste

Control) Regulations 2016





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11 Offence to burn hazardous waste

A person who intentionally burns hazardous waste commits an offence and shall be

liable upon conviction to a fine ―

(a) not exceeding $5,000 or to imprisonment for a term not exceeding 12 months,

or both, in the case of an individual; or

(b) not exceeding $10,000 or to imprisonment for a term not exceeding 3 years, or

both, in the case of a corporation, or an individual who has committed an

offence against this regulation on a previous occasion.

12 Certain waste not to be used for land filling or reclamation

(1) No waste comprising ―

(a) electrical or computer goods or electrical fittings of any nature;

(b) any appliances in the form of refrigerators of any type, ovens and stoves

or washing machines and dryers; or

(c) any other goods, substance or thing restricted under the provisions of the

Waste Management Act 2005,

may be used for the purposes of filling land, or for land reclamation, other than

at an authorised dumping site.

(2) Any person who breaches sub-regulation (1) commits an offence and shall be

liable upon conviction to a fine ―

(a) not exceeding $1,000, in the case of an individual; or

(b) not exceeding $5,000, in the case of a corporation, or an individual who

has committed an offence against this regulation on a previous occasion.

13 Offence to burn waste at authorised dumpsites

Any person who lights a fire, or causes a fire to be lit, at an authorised dumping site

other than ―

(a) in an incinerator used at the site by an approved Authority; or

(b) in accordance with lawful directions given by an officer of an approved

Authority,

commits an offence, and shall be liable upon conviction to a fine ―

(i) not exceeding $5,000 or to imprisonment for a term not exceeding 12

months, or both, in the case of an individual; or

(ii) not exceeding $10,000 or to imprisonment for a term not exceeding 3

years, or both, in the case of a corporation, or an individual who has

committed an offence against this regulation on a previous occasion.

Environment Management (Litter and Waste
Control) Regulations 2016 Regulation 14





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14 Prescribed hazardous waste

(1) For the purposes of this regulation “prescribed hazardous waste” includes ―

(a) all ozone depleting substances;

(b) all persistent organic pollutants;

(c) asbestos, or any product containing asbestos; and

(d) any other type of waste determined in accordance with any law to be a

hazardous waste.

(2) Any person who ―

(a) disposes of or dumps any prescribed hazardous waste at an authorised

dumping site without disclosing its nature to an officer of the approved

Authority managing the dumpsite;

(b) provides any false information to an approved Authority in relation to

prescribed hazardous waste being disposed of or dumped at an authorised

dumping site; or

(c) fails to store, transport or safely dispose of any prescribed hazardous

waste in a manner required by law or which is consistent with any

international waste related convention applying in the Kingdom,

commits an offence and shall be liable upon conviction to a fine ―

(i) not exceeding $5,000 or to imprisonment for a term not exceeding

12 months, or both, in the case of an individual; or

(ii) not exceeding $10,000 or to imprisonment for a term not

exceeding 3 years, or both, in the case of a corporation, or an

individual who has committed an offence against this regulation

on a previous occasion.

PART IV - ENFORCEMENT PROVISIONS

15 Officers to enforce these Regulations

(1) These regulations may be enforced by ―

(a) environment officers;

(b) officers of an approved Authority appointed in writing for that purpose

by the Chief Executive Officer of the relevant approved Authority;

(c) police officers; and

(d) health inspectors and authorised officers under laws related to public

health.

Regulation
Environment Management (Litter and Waste

Control) Regulations 2016





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(2) The officers referred to in sub-regulation (1) may serve any notice under these

Regulations or under the Act, in relation to the enforcement of these

Regulations.

16 Notice to cease certain activities concerning waste

(1) An environment officer or any officer authorised under regulation 15 may issue

a notice in the form prescribed in Schedule 1 requiring a person who appears to

have breached these Regulations to refrain from doing any act specified in the

notice, or to take any action in relation to litter or waste which is stipulated in

the notice.

(2) A notice issued under sub-regulation (1) may specify that certain waste are not

to be used for land filling or reclamation and may require that specific waste be

removed from any land which has been, or is being, filled or reclaimed.

(3) Any person who fails to comply with a notice, or any requirement stated on a

notice, issued under this regulation commits an offence and shall be liable upon

conviction to a fine ―

(a) not exceeding $1,000, in the case of an individual; or

(b) not exceeding $5,000, in the case of a corporation, or an individual who

has committed an offence against this regulation on a previous occasion.

17 Remedial action and cost recovery

If a person breaches regulation 4 or fails to comply with a notice issued under

regulation 16, an environment officer or an approved Authority may arrange for the

waste to be removed and disposed of, and the costs incurred may be recovered from

the person who is in breach of these Regulations, either as a civil debt or pursuant to

an order made by a court at the time of convicting the person of an offence under these

Regulations.

PART V – INFRINGEMENT NOTICES

18 Infringement Notice

When an environment officer or any officer authorised under regulation 15 detects the

commission of an offence under these Regulations, such officer has the authority to

issue to the person committing such offence a Notice of Infringement in the form

specified in Schedule 2.

Environment Management (Litter and Waste
Control) Regulations 2016 Regulation 19





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19 Amount of Infringement Notice

The penalty specified in the infringement notice under regulation 18, shall not exceed

the maximum fine that a court could impose for the offences, as set out in Schedule 3.

PART VI - MISCELLANEOUS

20 Employers to be liable

If a person commits an offence under Part III of these regulations while acting in the

course of that person’s employment, the employer of that person shall be liable to be

prosecuted for the offence as if the employer had committed the offence.

21 Proving matters relating to waste

(1) If in any prosecution under these regulations ―

(a) evidence is given by a medical practitioner, or any health inspector, that

a chemical, substance or item is hazardous or is dangerous to human or

animal health, or that any matter constitutes a health risk; or

(b) evidence is given by an environment officer that there has been, or may

be, a harmful or adverse effect on the environment,

the Court shall accept that evidence as prima facie evidence of the matters

alleged.

(2) If a prosecution relates to a chemical or other similar substance, the court may

have regard to any information disclosed on the packaging of the chemical or

substance to determine whether there is a danger to health or to the public.

(3) Nothing in this regulation shall limit or affect the manner in which any matter

may be proved to the satisfaction of a court.





Made at Nuku’alofa this 30th day of May 2016.





Lord Ma’afu

Acting Minister for Meteorology, Energy, Information, Disaster Management,

Environment, Communications and Climate Change



Regulation
Environment Management (Litter and Waste

Control) Regulations 2016





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SCHEDULE 1

LITTER AND WASTE COMPLIANCE NOTICE

Date: / /20



An officer of the Ministry of Environment/ an approved Authority/ Tonga Police/

Ministry of Health, issues this notice to:



Name:



Address:



OR TO THE OCCUPIER OF (Address of premises)



TAKE NOTICE that you are required to –

*delete as appropriate

*1. Remove litter or waste from your land/premises and dispose of the litter or

waste as required by the Waste Management Act 2005.



*2. Remove waste under your control to the authorised dump at [name place

where waste is to be taken]



Or by *here state any other requirement for the proper disposal of the waste



………………………………………………………………………………………



*3. Cease burning litter or waste and dispose of the litter or waste as required by

the Waste Management Act 2005.



*4. Cease using the following waste for land filling or reclamation



………………………………………………………………………………………



*5. Take the following action in relation to litter or waste under your control:

[Insert details of waste disposal requirements]



………………………………………………………………………………………



Environment Management (Litter and Waste
Control) Regulations 2016 Regulation 21





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TAKE NOTICE that if you fail to comply with the requirements of this Notice

within 5 days of receiving this Notice you may be fined up to $1,000 for individuals

and $5,000 for companies and businesses.



AND TAKE FURTHER NOTICE that if you continue to offend and cause injury

to human health or damage to the environment you may be prosecuted under section

25(3) of the Waste Management Act 2005 and fined up to $10,000 or face a term of

imprisonment for up to 2 years, or both.



Issued by the Ministry of Environment /An approved Waste Authority/Tonga

Police/Ministry of Health



SIGNED



*Environment Officer

*Officer of an approved Waste Authority

*Police Officer

*Health Inspector or Authorised Officer under any public health law



































Regulation
Environment Management (Litter and Waste

Control) Regulations 2016





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SCHEDULE 2

FORM OF NOTICE OF INFRINGEMENT

Notice of Infringement



(Regulation 18)

Date:

To [Name]

of [Address]



You have been found to have committed the following offence(s) under the

Environment Management (Litter and Waste Control) Regulations (marked

with a “x”) –



Column A Column B *Indicate
offence

with “x”

Regulation 3 – Littering $20

Regulation 5 – Dumping waste $100

Regulation 6 – Dumping hazardous waste $2,000

Regulation 7(1) – Dumping waste which

cause pollution

$250

Regulation 8(1) – Unlawful use of public

waste bins

$50

Regulation 8(2) – Stealing, damaging or

burning a public waste bin

$250

Regulation 8(3) – Not providing rubbish bins

in taxis and buses

$20

Regulation 9(1) – Burning litter and waste $50

Regulation 10 – Burning noxious waste $500

Regulation 11 – Burning hazardous waste $2,000

Regulation 12(2) – Use of banned waste for

land filling and land reclamation

$500

Environment Management (Litter and Waste
Control) Regulations 2016 Regulation 21





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Regulation 13(1) – Unlawful fires at

dumpsites

$1,000





Regulation 14(2)(a) – Failure to disclose

prescribed hazardous waste when taking to

dumpsites

$1,000

Regulation 14(2)(b) – Providing false

information about prescribed hazardous waste

when taking to dumpsites

$1,000

Regulation 14(2)(c) – Failure to safely store,

transport and dispose of prescribed hazardous

waste

$1,000





Regulation 16(3) - Failure to comply with

clean up notice

$200





The indicated fine in the above table applies to this offence.

You may sign the declaration below and take this notice together with the sum

of $ to pay the fine only to the Clerk of the Magistrates' Court at

district within 21 days of today's date;

OR

If you wish to contest this fine a summons will be issued to you after 21 days

and you will be required to attend a court and appear before a Magistrate.



DECLARATION:

I, [Insert your name] understand that

under clause 10 of the Constitution of Tonga I have a right to have this matter

dealt with by a court. However instead of appearing in court I wish to pay the

fine as set out in this notice. I tender this Declaration and the fine of $

set by this Notice of Infringement.



Signed: _______ Dated: ___________________

Environment Officer/Officer authorised under regulation 15 of the

Environment Management (Litter and Waste Control) Regulations.