70Avoiding escape of waste during transportation

#### 70 Avoiding escape of waste during transportation 70 Avoiding escape of waste during transportation (cf clause 49(a1)–(c) of 2005 Reg) > Note. > > Under section 116 of the Act, it is an offence to wilfully or negligently cause any substance to leak, spill or otherwise escape in a manner that harms, or is likely to harm, the environment. > > > (1) A person who transports waste must ensure that the waste is transported in a manner that avoids the waste spilling, leaking or otherwise escaping from any motor vehicle or trailer used to transport the waste. > > > > Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual. > > > (2) A person who transports waste must ensure that the waste is covered during its transportation unless the waste consists solely of waste tyres or scrap metal. > > > > Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual. > > > (3) A person who transports waste in the course of business must take all reasonable steps to ensure that any motor vehicle or trailer used to transport the waste is constructed and maintained so as to avoid the waste spilling, leaking or otherwise escaping from the motor vehicle or trailer. > > > > Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual. > > > (4) In this clause— > > > > a person who transports waste includes the transporter of waste, the owner of any motor vehicle used to transport waste and the owner of any trailer used to transport waste. > > > (5) Only one person liable If a penalty has been imposed or recovered from any person in relation to an offence under subclause (1), (2) or (3) (whether the actual transporter or the owner of the motor vehicle or trailer), no further penalty may be imposed on or recovered from any other person in relation to that offence. In this subclause, penalty includes a penalty under a penalty notice. > > > (6) Exception for stolen motor vehicles Subclauses (1)–(3) do not apply to the owner of the motor vehicle if the motor vehicle was at the time a stolen motor vehicle or a motor vehicle illegally taken or used. > > > (7) Exception for stolen trailers Subclauses (1)–(3) do not apply to the owner of a trailer if the trailer was at the time a stolen trailer or a trailer illegally taken or used. > > > (8) Exception for owner when not driver Subclauses (1)–(3) do not apply if the owner was not in the motor vehicle, including the motor vehicle to which the trailer was attached, at the relevant time and— > > > > > (a) gives notice in accordance with subclause (9) of the name and address of the person who was in charge of the motor vehicle at the relevant time, or > > > > > (b) satisfied the officer who gave the penalty notice for the offence or the court dealing with the offence (as the case requires) that the owner did not know, and could not with reasonable diligence have ascertained, that name and address. > > > > A notice under this subclause is, in proceedings against the person named in the notice for an offence under this clause, evidence that the person was driving the motor vehicle at the relevant time. > > > (9) Notice given by owner or driver Section 146(7)–(9) of the Act apply to a notice for the purposes of subclause (8) in the same way as they apply to a notice for the purposes of section 146(5) of the Act. > > **cl 70:** Subst 2017 (118), Sch 3 \[13\].