13Presumptions and estimates if inadequate records kept

#### 13 Presumptions and estimates if inadequate records kept 13 Presumptions and estimates if inadequate records kept (cf clause 6 of 2005 Reg) > > (1) This clause applies in relation to the calculation of a contribution in accordance with clause 12 that is payable by the occupier of a scheduled waste facility, in respect of waste received at the facility during any period, if— > > > > > (a) the records relating to waste received in the period are inadequate, and > > > > > (b) in the opinion of the EPA, the calculation is required to be based on presumptions about, or estimates of, any of the following matters because the records are inadequate— > > > > > > > (i) whether waste was received at the facility during the period, > > > > > > > (ii) when the waste was received, > > > > > > > (iii) the source of the waste received, > > > > > > > (iv) the amount of the waste received. > > > (2) The records relating to waste received at a waste facility during a period are inadequate if— > > > > > (a) there are no records relating to waste received at the facility during the period, or > > > > > (b) the records relating to waste received in the period are incomplete, inaccurate or inconsistent with other records (whether kept by the occupier of the waste facility concerned or another person or body), or > > > > > (c) the information contained in the records relating to waste received in the period has not been obtained by using methods that, in the opinion of the EPA, are appropriate. > > > > Nothing in this subclause limits the circumstances in which the records may be inadequate. > > > (3) The EPA is entitled to presume each of the following matters (subject to the occupier of the waste facility establishing the contrary)— > > > > > (a) any waste at the facility at any time is waste that has been received by the facility, > > > > > (b) the waste was received on the date on which the EPA first became aware that the records are inadequate, > > > > > (c) any waste received by the facility has been generated in the MLA or generated from waste generated in the MLA. > > > (4) In estimating the tonnage of waste received at the waste facility during the period, the EPA is to take into consideration any of the following that the EPA considers appropriate in the circumstances— > > > > > (a) in respect of waste other than liquid waste, a volumetric survey of waste at the facility carried out by a qualified surveyor, > > > > > (b) available records in respect of the facility, > > > > > (c) any information provided by an authorised officer who has seen or inspected the facility, > > > > > (d) any other information available to the EPA (such as video monitoring records) and records kept by persons not involved with the operation of the facility. > > > (5) If the EPA decides to base its estimate of the tonnage of waste received at the waste facility on a volumetric survey, the EPA may, by written notice to the occupier of the waste facility, require the occupier to ensure that— > > > > > (a) a volumetric survey is carried out by a qualified surveyor within 21 days after the date of the notice, and > > > > > (b) a copy of the report of the qualified surveyor is forwarded to the EPA within 7 days after the occupier receives the report. > > > (6) An occupier of a waste facility to whom such a notice has been given must comply with the requirements specified in the notice. > > > > Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual. > > > (7) For the purposes of estimating the tonnage of waste received at a waste facility under this clause, on the basis of a volumetric survey— > > > > > (a) the conversion formula is to be used in converting cubic metres of waste to tonnes of waste, or > > > > > (b) if the EPA is of the opinion that it is able to more accurately estimate the tonnage of the waste by using another method that is reasonably available to it than by using the conversion formula—the other method is to be used. > > > (8) The conversion formula is— > > > > %20AND%20(No%3D0666)%20AND%20(Year%3D2014)%20AND%20(%22Historical%20Document%22%3D0))/g2.gif) > > where— > > > > T is the amount in tonnes of waste received. > > > > V is the volume in cubic metres of the waste determined by the volumetric survey. > > > (9) This clause has effect in respect of waste at a scheduled waste facility whether or not it was received before or after the commencement of this clause.