Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 429

429 Special provisions for interstate transporters of controlled waste

(1) If a person is carrying out the interstate transportation of controlled waste, section 426 does not apply to the person if—

(a) the person holds, or is acting under, an interstate licence; and

(b) the licence authorises the transportation; and

(c) the conditions of the licence are, to the extent they are relevant to the transportation, complied with; and

(d) a consignment authorisation or number for the transportation has been issued under the law of the State into which the waste is to be transported; and

Note—

For transportation into Queensland, see the Environmental Protection Regulation 2019 , section 93 .

(e) the following documents, or copies of the following documents, are carried in the vehicle transporting the waste while the waste is being transported in Queensland—

(i) the interstate licence;

(ii) the consignment authorisation or a document containing the consignment number.

(2) However, while the waste is being transported in Queensland, this Act applies, with necessary changes, to the person and the transportation as if—

(a) a reference in this Act to an environmental authority includes a reference to the interstate licence and any conditions of the licence; and

(b) the interstate licence and the consignment authorisation or document containing the consignment number are documents required to be held or kept under this Act; and

(c) the transportation were an environmentally relevant activity to which the licence relates; and

(d) the vehicle is a place to which the licence relates.

(3) In this section—

"controlled waste" has the meaning given in the controlled waste NEPM.

"controlled waste NEPM" means the National Environment Protection (Movement of Controlled Waste between States and Territories) Measure, made by the National Environment Protection Council under the National Environment Protection Council Act 1994 (Cwlth) .

"interstate licence" means an authority, instrument, licence or permit, however called, that is similar to an environmental authority issued under a corresponding law.

"interstate transportation" , of controlled waste, means the transportation of controlled waste from—

(a) a place in Queensland to a place in another State; or

(b) a place in another State to a place in Queensland; or

(c) a place in another State through Queensland to a place in another State.