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ENVIRONMENTAL PROTECTION (CONTROLLED WASTE) REGULATIONS 2004 - REG 41

41 .         Obligations of occupier of waste facility

        (1)         The occupier of a waste facility who receives a controlled waste from a driver must record the information relating to that waste set out in Schedule 2 Division 4 on the controlled waste tracking form for the transportation of that waste immediately after that waste is unloaded at the waste facility.

        (2)         If the occupier of a waste facility is not present when the controlled waste is unloaded at the waste facility, the occupier complies with subregulation (1) if the occupier records the information referred to in that subregulation within 7 days after the carrier or the driver complies with regulation 40(2A).

        (3)         A copy of a controlled waste tracking form completed under subregulation (1), or the controlled waste tracking number and the information set out in Schedule 2 Division 4 that the controlled waste tracking form contains, must be kept by the occupier of the waste facility for at least 3 years from the day on which the waste is unloaded at the waste facility.

        (4)         The occupier of a waste facility who receives a controlled waste from a carrier must give to the driver or send to the carrier a receipt for the waste bearing the controlled waste tracking number for the transportation of the waste unloaded at the waste facility.

        (5)         An occupier of a waste facility who issues a receipt under subregulation (4) must sign the receipt or cause the receipt to be signed by his or her representative.

        (6)         The occupier of a waste facility who receives a controlled waste must send to the CEO within 14 days after the day on which the waste was unloaded at the waste facility —

            (a)         a copy of the controlled waste tracking form to be kept by the occupier under subregulation (3); or

            (b)         if subregulation (2) applies, the information to be recorded and kept by the occupier under that subregulation.

        (7A)         Subregulations (1), (2) and (6) do not apply to the occupier of a transit facility at which a controlled waste is unloaded unless a separate controlled waste tracking form has been issued for the transportation of the controlled waste from the transit facility.

        (7)         An occupier of a waste facility who contravenes subregulation (1), (3), (4), (5) or (6) commits an offence.

        [Regulation 41 amended: Gazette 1 Aug 2014 p. 2811-13.]



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