NSWIn ForceRegulation
Protection of the Environment Operations (Waste) Regulation 2014
23Periodic volumetric surveys of scheduled waste facilities
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#### 23 Periodic volumetric surveys of scheduled waste facilities
23 Periodic volumetric surveys of scheduled waste facilities
(cf clause 14 of 2005 Reg)
> > (1) The occupier of a scheduled waste facility who is required to pay contributions under section 88 of the Act must—
> >
> > > (a) in the case of a scheduled waste disposal facility that is a landfill site—
> > >
> > > > (i) cause a volumetric survey of the facility to be carried out by a qualified surveyor during June and December in each year, and
> > >
> > > > (ii) provide the results to the EPA (in any form and manner specified by the Waste Levy Guidelines) by no later than the following 31 July and 31 January, respectively, and
> >
> > > (b) in any other case—
> > >
> > > > (i) determine the amount of waste at the facility in a manner and at such time as may be required by the EPA by notice in writing to the occupier, and
> > >
> > > > (ii) keep records of the results in accordance with the requirements specified in the notice, and
> > >
> > > > (iii) provide the results to the EPA in accordance with the requirements of the notice.
> >
> > Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
>
> > (2) The occupier must also—
> >
> > > (a) cause a volumetric survey of the waste facility to be carried out by a qualified surveyor at any other time, or within any period, specified by the EPA by written notice to the occupier, and
> >
> > > (b) provide the results to the EPA (in any form and manner specified by the Waste Levy Guidelines) by no later than any time, or the end of any period, specified in the notice.
>
> > (3) The occupier must—
> >
> > > (a) keep a copy of the results of each survey for a period of at least 6 years after the date on which the survey is carried out, and
> >
> > > (b) make those results available for inspection and copying by an authorised officer on request.
>
> > (4) The EPA may, by written notice to the occupier of a waste facility, defer the application of any requirement under this clause in respect of the occupier until any time specified in the notice.
>
> > (5) The EPA may grant an exemption under Part 9 from any requirement under this clause.
>
> Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
>
> **cl 23:** Am 2014 (667), Sch 1 \[9\] \[10\]; 2018 (643), Sch 2 \[15\].