Duty of persons transporting reportable priority waste
143 Duty of persons transporting reportable priority waste
S. 143 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).
A person must not—
transport reportable priority waste other than in accordance with a permission; or
cause or permit the transport of reportable priority waste other than where the reportable priority waste is transported in accordance with a permission.
Notes
Section 314 provides that subsection (1) is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 314.
The Governor in Council may make regulations prescribing additional controls for particular types of priority waste, including reportable priority waste.
A person who contravenes subsection (1) commits an offence.
Penalty: In the case of a natural person, 240 penalty units;
In the case of a body corporate, 1200 penalty units.
It is a defence to a charge for an offence constituted by a contravention of subsection (1)(b) if a person took all reasonable steps to prevent a contravention of that subsection.
For the purposes of subsection (1)(b), causing or permitting the transport of reportable priority waste includes consigning reportable priority waste for transport.
Note
Section 68 deals with exemptions from a requirement to hold a permission in connection with the transport of reportable priority waste.
This provision refers to the regulations (may make regulations
). Made under this Act:
- Environment Protection Further Revocation Regulations 2021 · under section 465
- Environment Protection Regulations 2021 · under section 465
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.