A corporation may be vicariously liable for the criminal act of another corporation in transporting waste under s 143 of the POEO Act where the transporting corporation was acting as agent of the first corporation. The offence under s 143(1) requires the prosecution to establish that the place to which waste was transported can be characterised as a 'waste facility' as a necessary anterior assessment, and the 'dual onus' applies such that the prosecution must first prove lawful authority was required before the onus shifts to the defendant to prove it held such authority. The definition of 'waste facility' in the POEO Act does not import planning law concepts of 'use' from the EPA Act.
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