36Weighbridges at facilities whose occupiers are required to pay waste contributions

#### 36 Weighbridges at facilities whose occupiers are required to pay waste contributions 36 Weighbridges at facilities whose occupiers are required to pay waste contributions (cf clause 15 of 2005 Reg) > > (1) The occupier of a scheduled waste facility who is required to pay contributions under section 88 of the Act must ensure that there is a weighbridge installed at the waste facility. > > > > Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual. > > > (2) This clause does not apply to the occupier of a scheduled waste facility that receives only the following waste for storage, treatment, processing, sorting or disposal— > > > > > (a) clinical and related waste, > > > > > (b) hazardous waste, > > > > > (c) liquid waste, > > > > > (d) restricted solid waste. > > > (3) The occupier must— > > > > > (a) submit to the EPA, within 30 days after installing the weighbridge, a plan of the waste facility indicating the proposed vehicle flow controls, including the entry and exit points where waste is transported into and out of the waste facility (a vehicle flow control plan), and > > > > > (b) if any change occurs in relation to those vehicle flow controls, submit a revised vehicle flow control plan to the EPA no later than 30 days after the relevant change occurs, and > > > > > (c) keep a copy of the latest vehicle flow control plan on the premises and make the plan available for inspection and copying by an authorised officer on request, and > > > > > (d) ensure that— > > > > > > > (i) each vehicle that enters or leaves the waste facility for a purpose relating to the operation of the facility (whether or not the vehicle is being, is intended to be or has been used to transport or deliver waste) is weighed by the weighbridge on entering and on leaving the facility, or > > > > > > > (ii) during any period that the weighbridge is out of operation, an alternative method that is specified in the Waste Levy Guidelines is used to measure and record the quantity of waste and other material transported into or out of the waste facility, and > > > > > (e) take all reasonable steps to ensure that the weighbridge is maintained in proper working order, and > > > > > (f) ensure that the weighbridge is verified (within the meaning of the [National Measurement Act 1960](http://www.legislation.gov.au/) of the Commonwealth) at least once a year, and > > > > > (g) ensure that the weighbridge has related software that records quantities of waste in any form and manner specified in the Waste Levy Guidelines, and > > > > > (h) notify the EPA of any incident that results in the weighbridge being out of operation for any period of more than 24 hours (and do so immediately on becoming aware that the incident will result in the weighbridge being out of operation for any such period), and > > > > > (i) comply with any other requirement relating to the installation or operation of the weighbridge that the EPA may specify by written notice to the occupier. > > > > Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual. > > > (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, subject to any conditions specified in the notice, until any time specified in the notice. > > > > Note. > > > > The conditions may (for example) include a condition that the quantity of waste that is transported into or out of the facility is measured, and recorded, using a specified method, including a method specified in the Waste Levy Guidelines. > > **cl 36:** Am 2018 (643), Sch 2 \[18\].