6General responsibilities

6 General responsibilities

(1)  A person must not remove from a place, arrange for the removal from a place, receive, store, reuse, recycle, reprocess, salvage, incinerate, treat, dispose of, or use for energy recovery, a controlled waste except –

(a) under and in accordance with a relevant authority that authorises that activity to be carried out; or

(b) in accordance with an approved management method that applies to that activity.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A waste producer, or a controlled waste transporter, who has possession of waste that is subject to the provisions of a national environment protection measure must manage the waste in accordance with that measure.

Penalty:  Fine not exceeding 20 penalty units.

(3)  A person must not arrange for the removal from a place of a waste that the person ought reasonably suspect to be a controlled waste, unless that person –

(a) treats that waste as a controlled waste; or

(b) ensures that the waste is analysed in accordance with subregulation (4) to determine whether it is a controlled waste.

Penalty:  Fine not exceeding 20 penalty units.

(4)  An analysis of a waste referred to in subregulation (3) is to be carried out at a laboratory that is –

(a) registered with the National Association of Testing Authorities of Australia for the type of analysis required; or

(b) approved, in writing, by the Director for the type of analysis required.

(5)  This regulation does not apply to a controlled waste that is –

(a) on domestic premises, being handled, produced, received, stored, reused, or salvaged, for usual domestic purposes; or

(b) removed, or arranged to be removed, from domestic premises when used for usual domestic purposes on those premises; or

(c) for less than 2 years –