48Appointment of authorised agent

#### 48 Appointment of authorised agent 48 Appointment of authorised agent (cf clause 27 of 2005 Reg) > > (1) An occupier of a waste facility may appoint a person as an authorised agent in relation to the transportation of waste from the facility. > > > (2) The appointment of a person as an authorised agent of the occupier of a waste facility has no effect for the purposes of this Part unless— > > > > > (a) the person is the holder of an approval under this Division (an approval) that is in force, and > > > > > (b) the appointment is evidenced by an agreement (an agency agreement) in writing between the person and the occupier that clearly specifies that the person is appointed as an authorised agent of the occupier for the purposes of this Part and is appointed to carry out the obligations of a consignor of waste under this Part. > > > (3) The EPA may require (generally or in a particular case or class of cases) an agency agreement to be in the approved form. > > > (4) A person must not act as an authorised agent for the purposes of this Part unless— > > > > > (a) the person is the holder of an approval that is in force, and > > > > > (b) the person has been appointed by the occupier of the waste facility as the occupier’s authorised agent in accordance with this clause, and > > > > > (c) the appointment is evidenced by an agency agreement in accordance with subclause (2)(b). > > > > Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual. > > > (5) A person appointed, in accordance with this clause, by the occupier of a waste facility to be an authorised agent of the occupier must, within 7 days after the person’s approval has been revoked, notify the occupier in writing that the approval has been revoked. > > > > Maximum penalty—100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.