61Defences

61 Defences

61 Defences

(cf clause 39 of 2005 Reg)

(1) It is a defence in any proceedings for an offence against any provision of 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) It is a defence in any proceedings for an offence against any provision of this Part relating to the transportation of waste if the defendant establishes that—

(a) the waste was being transported through New South Wales to a participating State, and

(b) the waste was not loaded or unloaded in New South Wales, and

(c) the person complied with the laws of the place from which the waste was transported and the place to which the waste was being transported.