41Transportation of waste to which this Part does and does not apply

#### 41 Transportation of waste to which this Part does and does not apply 41 Transportation of waste to which this Part does and does not apply (cf clauses 18 and 19 of 2005 Reg) > > (1) This Part applies to— > > > > > (a) the transportation of waste within New South Wales if the waste is of a type described in Part 1 of Schedule 1, and > > > > > (b) the transportation of waste from New South Wales to a participating State, into New South Wales from a participating State or through New South Wales from one participating State to another if the waste is of a type described in Part 1 or Part 2 of Schedule 1. > > > > Note. > > > > Division 8 provides a defence in any proceedings for an offence against this Part if the defendant establishes that, although the waste concerned was of a type described in Part 1 or 2 of Schedule 1, it did not exhibit any of the characteristics specified in Part 3 of that Schedule. > > > (2) However, this Part does not apply to any of the following— > > > > > (a) the transportation of waste in an emergency to protect human health, the environment or property, > > > > > (b) the transportation of waste to a person or body for the purpose of use in analysis relating to waste categorisation or in research, but only if the transportation and use of the waste has been approved in writing by— > > > > > > > (i) in the case of the transportation of the waste to a place in New South Wales—the EPA, or > > > > > > > (ii) in the case of the transportation of the waste to a participating State—the agency, within the meaning of NEPM, of the participating State, > > > > > (c) the transportation of waste by pipeline, > > > > > (d) the transportation of any residue of a substance in a container if the container will be refilled with the same type of substance and the substance in the refilled container is intended for use, > > > > > (e) the transportation from a farm of unwanted chemicals resulting from the operation of the farm, but only if— > > > > > > > (i) the transportation is carried out by the owner or occupier of the farm, and > > > > > > > (ii) the chemicals are transported to a collection place designated by a collection scheme approved in writing by the EPA or an agency, within the meaning of NEPM, of a participating State, and > > > > > > > (iii) the transportation is carried out without fee or reward being given, > > > > > (f) the transportation of waste in accordance with a product recall approved by the Australian Pesticides and Veterinary Medicines Authority, Food Standards Australia New Zealand or the Therapeutic Goods Administration of the Commonwealth. > > > (3) In this clause— > > > > NEPM means the National Environment Protection (Movement of Controlled Waste between States and Territories) Measure 1998 made under section 14(1) of the [National Environment Protection Council (New South Wales) Act 1995](/view/html/inforce/current/act-1995-004). > > > > Note. > > > > NEPM is also made under the [National Environment Protection Council Act 1994](http://www.legislation.gov.au/) of the Commonwealth and is available on www.comlaw.gov.au.