4Application

4 Application

(1)  The Director, by notice, may direct that one or more provisions of these regulations do not apply in respect of a controlled waste specified in the notice, or all controlled wastes specified in the notice, in any of the following circumstances that is specified in the notice:

(a) on a single occasion;

(b) for a period;

(c) until the notice is revoked, if at all.

(2)  The Director may specify conditions on a notice under subregulation (1) .

(3)  If the Director, by a notice under subregulation (1) , directs that one or more provisions, of these regulations, that are specified in the notice do not apply in respect of a controlled waste, or all controlled wastes, in a circumstance specified in the notice, the provision does not apply in respect of the waste in that circumstance.

(4)  A person must not contravene a condition of a notice under subregulation (1) .

Penalty:  Fine not exceeding 50 penalty units.

(5)  These regulations do not apply to anything referred to in clause 8(d), (e), (f), (g) or (h) of the Interstate Waste Movement NEPM.

(6)  It is a defence to a charge of contravening a provision of these regulations if the defendant proves that the contravention was authorised under an authorization issued under section 34 of the Act.

(7)  These regulations do not derogate from the Dangerous Goods (Road and Rail Transport) Act 2010 , Explosives Act 2012 or Work Health and Safety Act 2012 or any regulations made under any of those Acts.