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ENVIRONMENTAL PROTECTION (CONTROLLED WASTE) REGULATIONS 2004 - REG 25

25 .         Obligations relating to transportation

        (1)         A waste holder who causes or allows a controlled waste of a type referred to in regulation 11(1)(a) in the waste holder’s possession or control to be transported on a road by a person other than a carrier licensed to transport that type of controlled waste commits an offence.

        (2)         A waste holder who gives a packaged controlled waste to a person or allows a person to collect that waste in a container that is not fit for the transportation of that waste commits an offence.

        (3)         A waste holder who does not provide to a carrier transporting a controlled waste for the waste holder, or to a person collecting a controlled waste from the waste holder, the information relating to that waste set out in Schedule 2 Division 2 commits an offence.

        (4A)         A waste holder who does not sign, or cause the waste holder’s representative to sign, the controlled waste tracking form held by the person collecting a controlled waste from the waste holder commits an offence.

        (4B)         Subregulation (4A) does not apply if the waste holder is not present or represented when the controlled waste is collected from the waste holder.

        (4)         A waste holder who provides information relating to the controlled waste under subregulation (3) that is —

            (a)         false or misleading in a material particular; or

            (b)         likely to deceive in a material way,

                commits an offence.

        (5)         A waste holder who engages a carrier to transport a controlled waste must keep a receipt issued by the carrier’s driver under regulation 35 for not less than 3 years from the day on which the waste was loaded onto or into the carrier’s vehicle or tank.

        (6)         A waste holder who contravenes subregulation (5) commits an offence.

        [Regulation 25 amended: Gazette 1 Aug 2014 p. 2798-9.]



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