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—