46Obligations on receiver of waste relating to waste

#### 46 Obligations on receiver of waste relating to waste 46 Obligations on receiver of waste relating to waste (cf clause 25 of 2005 Reg) > > (1) A receiver of waste must ensure that the following particulars are recorded on the waste certificate for the waste— > > > > > (a) as soon as practicable after the waste arrives at the facility occupied by the receiver—the date on which the waste arrived, > > > > > (b) within 21 days after the waste arrives (or any longer period permitted by the EPA in writing) at the facility— > > > > > > > (i) whether the receiver has accepted or rejected the waste, and > > > > > > > (ii) the date on which the waste was accepted or rejected, and > > > > > > > (iii) in the case of the waste being rejected—the reason it was rejected, > > > > > (c) (in a case where the waste is accepted and is processed at the facility) within 3 working days after the waste is processed—the date on which the waste was processed and the method of processing used, > > > > > (d) (in a case where the waste is accepted and is only stored at the facility) within 3 working days after the waste is accepted—that the waste has been accepted for storage. > > > (2) If waste is transported to a waste facility without a waste transport certificate, the receiver of the waste must, as soon as practicable after the waste arrives at the facility— > > > > > (a) generate a waste transport certificate for the waste, and > > > > > (b) complete any parts of the certificate (including any parts required to be completed by the consignor and transporter, except for any signature or certification required) that it is possible for the receiver to complete based on the information available to the receiver. > > > (3) A receiver of waste must not accept the waste unless the receiver has— > > > > > (a) ensured that there is a consignment authorisation that authorises the transportation of the waste to the facility occupied by the receiver (a valid consignment authorisation for the waste), and > > > > > > Note. > > > > > > Clause 47(3) provides that a consignment authorisation 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. > > > > > (b) obtained any waste transport certificate for the waste required to be carried in any vehicle used by the transporter to transport the waste (completed in accordance with this Part), and > > > > > (c) certified that any part of the certificate that is required to be completed by the receiver has been completed accurately. > > > (4) However, if the receiver holds an environment protection licence authorising the storage of the waste at the facility, the receiver may accept the waste even though— > > > > > (a) there is no valid consignment authorisation for the waste, or > > > > > (b) the waste was transported to the facility without a waste transport certificate for the waste, or > > > > > (c) the waste was transported to the facility with an inaccurate or incomplete waste transport certificate for the waste. > > > (5) A receiver of waste must notify the EPA in writing— > > > > > (a) within 3 working days after the waste arrives at the waste facility occupied by the receiver without a valid consignment authorisation or without a waste transport certificate—that it was transported to the facility without the authorisation or certificate (as the case may be), and > > > > > (b) within 3 working days after accepting or rejecting waste transported to the facility with a waste transport certificate that the receiver considers to be inaccurate or incomplete— > > > > > > > (i) that it was transported to the facility with an inaccurate or incomplete certificate, and > > > > > > > (ii) of the ways in which the receiver considers the certificate to be inaccurate or incomplete, and > > > > > > > (iii) to the extent possible for the receiver (based on information available to the receiver)—of the corrected or missing particulars, and > > > > > (c) within 3 working days after rejecting waste transported to the facility—that the waste has been rejected and of the date on which it was rejected. > > > (6) A receiver of waste must, within 14 days after accepting or rejecting the waste, notify the consignor in writing as to whether the receiver has accepted or rejected the waste. > > Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.