Western Australian Current Regulations Western Australian Current Regulations (1) A driver must not
unload a controlled waste from a vehicle or tank except at a waste facility
that may lawfully receive that type of controlled waste unless the waste
is —
(a)
unloaded as approved or directed by the CEO under subregulation (5); or
(b)
unloaded so that it can be transferred directly to another vehicle or tank.
(2) Unless otherwise
approved or directed by the CEO, a driver must not unload a controlled waste
at a waste facility —
(a) if
the controlled waste tracking form for the transportation of that controlled
waste has ceased to be valid under regulation 36; and
(b) in
the case of a vehicle or tank that is used to bring a controlled waste from
another State or a Territory, later than 7 days after the day on which
the vehicle or tank entered this State.
(3) Unless otherwise
approved or directed by the CEO, a driver who has collected a controlled waste
in this State and who is taking the waste to another State or a Territory must
remove the waste from this State not later than 7 days after —
(a) the
day on which the waste was collected in this State; or
(b) if
the controlled waste is loaded onto a vehicle or tank other than on a road,
the day on which the vehicle or tank enters a road,
whichever is the
later.
(4) A carrier must
ensure that any controlled waste collected in a vehicle or tank of the carrier
is unloaded in accordance with subregulations (1) and (2).
(5) The CEO may
approve or direct the unloading of a controlled waste —
(a) at a
specified waste facility other than the waste facility specified in the
controlled waste tracking form for the transportation of that waste; and
(b) at a
specified time.
[(6) deleted]
(7) A person who
contravenes subregulation (1), (2), (3) or (4) commits an offence.
(8) In proceedings
against a carrier for a breach of subregulation (4), it is a defence for
the carrier to prove that —
(a) the
carrier issued proper instructions and took reasonable precautions to ensure
that the driver complied with subregulations (1) and (2); and
(b) the
driver failed to comply with either or both of those subregulations, as the
case may be, 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 39 amended: Gazette 1 Aug 2014
p. 2807-9.]