45Obligations on transporter of waste

#### 45 Obligations on transporter of waste 45 Obligations on transporter of waste (cf clause 24 of 2005 Reg) > > (1) A transporter of waste must— > > > > > (a) before transporting the waste— > > > > > > > (i) certify that any part of the waste transport certificate for the waste that is required to be completed by the transporter has been completed accurately, and > > > > > > > (ii) ensure that there is a consignment authorisation that authorises the transportation of the waste, and > > > > > (b) ensure that the waste transport certificate for the waste is carried in any vehicle used by the transporter to transport the waste. > > > (2) A transporter of waste must not remove the waste, or cause the waste to be removed, from any vehicle used to transport the waste unless— > > > > > (a) in the case of waste removed at a waste facility— > > > > > > > (i) the receiver at the facility has been given the waste transport certificate in respect of the waste and has consented to the waste being removed at the facility, or > > > > > > > (ii) there is no waste transport certificate in respect of the waste but the receiver at the facility has consented to the waste being removed at the facility and the facility can lawfully store the waste, or > > > > > (b) in any case—the waste is being directly transferred to another vehicle, the transfer is recorded on the waste transport certificate and, if the transporter using the other vehicle is another transporter, the waste transport certificate is given to the other transporter. > > > (3) However, the transporter must remove the waste, or cause the waste to be removed, from the vehicle in accordance with any directions of an authorised officer. > > > (4) A transporter of waste that has been rejected under Division 4 by a receiver of the waste must ensure that— > > > > > (a) the waste transport certificate for the waste, endorsed by the receiver with the information that the receiver has rejected the waste, is carried in any vehicle used by the transporter to transport the waste, and > > > > > (b) the waste is transported to the waste facility identified under clause 47(2) by the receiver. > > > > Note. > > > > Clause 47(3) provides that a consignment authorisation, or waste transport certificate, for waste that has been rejected by a receiver of waste is taken to authorise the transportation of the waste to a waste facility that can lawfully accept the waste. > > > (5) A transporter of waste has a defence in any proceedings for an offence arising under subclause (4)(b) if the transporter establishes that the transporter— > > > > > (a) was not informed, in accordance with clause 47(2), of another waste facility to which the waste could be transported, and > > > > > (b) ensured that the waste was delivered to a waste facility that could lawfully accept the waste, and > > > > > (c) notified the EPA in writing, within 3 working days after the waste was transported from the facility at which it was rejected, of the waste facility to which the waste was delivered. > > > (6) A transporter of waste must comply with any condition of a consignment authorisation for the transportation of the waste. > > Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.