(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 —
carrier issued proper instructions and took reasonable precautions to ensure
that the driver complied with subregulation (1); and
driver failed to comply with subregulation (1) without the
carrier’s knowledge; and
carrier could not by the exercise of reasonable diligence have prevented the
commission of the offence.
[Regulation 31 amended: Gazette 1 Aug 2014