Western Australian Current Regulations

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ENVIRONMENTAL PROTECTION (CONTROLLED WASTE) REGULATIONS 2004 - REG 31A

31A .         Obligations of carrier as to transportation of anything other than controlled waste in licensed vehicle or tank

        (1)         A carrier who, except with the written permission of the CEO, transports or causes to be transported on a road anything that is not a controlled waste in a vehicle or tank licensed under Part 2 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 vehicle or tank was used in compliance with subregulation (1); and

            (b)         the vehicle or tank was used otherwise than in compliance 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 31A inserted: Gazette 1 Aug 2014 p. 2801-2.]



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