Page:Resource Sustainability Act 2019.pdf/27

28 (2) An occupier who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Provision of food waste segregation facilities

26.—(1) The building manager of a prescribed building must provide, within the premises on which the prescribed building is situated, one or more facilities to enable occupiers of the prescribed building to dispose of food waste separately from any other type of waste.

(2) A building manager who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction—
 * (a) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and
 * (b) in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

(3) In a prosecution for an offence under subsection (2), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.

(4) The offence under subsection (2) is a strict liability offence.

Treatment of food waste

27.—(1) The building manager of a new building must cause all food waste disposed of in a facility mentioned in section 26(1) to be treated in the building.

(2) The building manager of any prescribed building other than a new building must, in relation to all food waste disposed of within the building—
 * (a) cause the food waste to be treated in the building or within the premises on which the building is situated; or
 * (b) engage a licensed waste collector to send the food waste for treatment at a licensed waste disposal facility.