(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.]