Waste disposed of in category 63 licensed landfill, calculating amount of
26 Waste disposed of in category 63 licensed landfill, calculating amount of
The licensee of a category 63 licensed landfill must —
cause a survey of the premises to be conducted by a surveyor for the purpose of establishing a base from which the volume of waste subsequently disposed of to landfill on the premises can be measured (the baseline survey); and
lodge with the Chief Executive Officer a report of that survey prepared by the surveyor (the baseline report).
Penalty: $5 000.
In the case of an existing landfill —
the baseline survey must be conducted as soon as practicable after 1 October 2006; and
the baseline report must be lodged on or before 14 October 2006.
In the case of a category 63 licensed landfill other than an existing landfill —
the baseline survey must be conducted —
after the licence is issued; and
not more than 14 days before the licensee commences accepting waste for disposal to landfill on the premises;
and
the baseline report must be lodged within 14 days after the licensee commences accepting waste for disposal to landfill on the premises.
Subject to any exemption granted on application under regulation 23(2a), after the end of a return period the licensee of a category 63 licensed landfill must cause a survey of the premises to be conducted by a surveyor for the purpose of calculating the volume of waste disposed of to landfill during that return period (a quarterly survey).
The licensee must lodge a report on a quarterly survey, prepared by the surveyor, with the return lodged under regulation 30 for that return period.
Penalty: $5 000.
The report referred to in subregulation (5) must include the surveyor’s calculation of the number of cubic metres of waste disposed of to landfill on the premises during the return period based on a comparison of the quarterly survey for that return period and the previous quarterly survey or, if there is no previous quarterly survey, the baseline survey for the premises or the estimated base established under regulation 26A(1).
The volume of waste so calculated by the surveyor is to be the volume used for the purposes of determining the amount of the levy under regulation 27.
In this regulation —
existing landfill means a category 63 licensed landfill —
for which the licence was in force on 1 October 2006; and
at which waste was being accepted for disposal to landfill prior to 1 October 2006;
surveyor means —
a licensed surveyor as defined in the Licensed Surveyors Act 1909; or
a person who is, or is eligible to be, a member of —
the Institution of Surveyors, Australia; or
the Spatial Sciences Institute.
[Regulation 26 inserted: Gazette 29 Sep 2006 p. 4263-4.]
26A. Breach of r. 26, CEO may estimate amount in case of etc.
If the licensee of a category 63 licensed landfill fails to comply with regulation 26(1) the Chief Executive Officer may establish an estimated base from which the volume of waste subsequently disposed of to landfill on the premises can be measured.
If the licensee of a category 63 licensed landfill fails to comply with regulation 26(5) in respect of a return period the Chief Executive Officer may estimate the number of cubic metres of waste disposed of to landfill on the premises during the return period.
For the purposes of this regulation the Chief Executive Officer may cause a survey of the kind referred to in regulation 26(1)(a) or (4) to be conducted in respect of the licensed landfill.
The Chief Executive Officer must give written notice to the licensee of any estimated base established under subregulation (1) or any estimation made under subregulation (2).
The Chief Executive Officer may call on or use the financial assurance provided by the licensee under regulation 28 to cover any costs incurred under this regulation.
[Regulation 26A inserted: Gazette 29 Sep 2006 p. 4264-5.]
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