Western Australian Current Regulations

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ENVIRONMENTAL PROTECTION (CONTROLLED WASTE) REGULATIONS 2004 - REG 31

31 .         Obligations of carrier as to receipt

        (1)         A carrier who fails to ensure that a driver employed or engaged by the carrier gives a waste holder a receipt under regulation 35 commits an offence.

        (2)         In proceedings against a carrier for a breach of subregulation (1), it is a defence to prove that —

            (a)         the carrier issued proper instructions and took reasonable precautions to ensure that the driver complied with subregulation (1); and

            (b)         the driver failed to comply with subregulation (1) without the carrier’s knowledge; and

            (c)         the carrier could not by the exercise of reasonable diligence have prevented the commission of the offence.

        [Regulation 31 amended: Gazette 1 Aug 2014 p. 2802.]



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