Duty of persons involved in transporting industrial waste
135 Duty of persons involved in transporting industrial waste
S. 135 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
This section applies to a person who has the management or control of industrial waste and who proposes to relinquish management or control of the industrial waste to another person for the purposes of transporting the industrial waste.
Before relinquishing management or control of the industrial waste, the person must take all reasonable steps to ensure that the industrial waste is or will be—
transported to a place or premises that is authorised to receive industrial waste; and
received at a place or premises that is authorised to receive industrial waste.
Note
Section 314 provides that subsection (2) is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 314.
A person who contravenes subsection (2) commits an offence.
Penalty: In the case of a natural person, 2000 penalty units;
In the case of a body corporate, 10 000 penalty units.
An offence under subsection (3) is an indictable offence.
Note
This offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).
For the purposes of subsection (2), taking reasonable steps includes (but is not limited to) the following—
identifying and classifying the industrial waste;
providing to a person who is collecting, consigning, transferring or transporting the industrial waste sufficient information regarding the industrial waste to enable transportation to a place or premises that is authorised to receive industrial waste;
verifying that a place or premises that is proposed to receive industrial waste is authorised to receive industrial waste.
For the purposes of subsection (2), a place or premises in another State or Territory of the Commonwealth is authorised to receive industrial waste if the industrial waste may be transported to, and received at, the place or premises under the law of the State or Territory in which the place or premises is located.
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