71Application of proximity principle to transportation in course of business

#### 71 Application of proximity principle to transportation in course of business 71 Application of proximity principle to transportation in course of business > > (1) A person must not, in the course of business, transport by motor vehicle any waste that is generated in New South Wales (other than restricted solid waste) to any place, in or outside of New South Wales, unless the place can lawfully be used for the disposal of that waste and one of the following applies— > > > > > (a) the place is 150 kilometres or less from the premises of origin of that waste, > > > > > (b) the place is more than 150 kilometres from the premises of origin and is the closest or second closest to those premises of the places, in or outside New South Wales, that can lawfully be used for the disposal of that waste. > > > (2) However, the person can also transport the waste to another State or a Territory if a border crossing to that State or Territory— > > > > > (a) is 150 kilometres or less from the premises of origin, or > > > > > (b) is more than 150 kilometres from the premises of origin and is closer to those premises than the closest or second closest to those premises of the places in New South Wales that can lawfully be used for the disposal of that waste. > > > (3) For the purposes of this clause, distance is to be measured in a straight line. > > > (4) A person must not, in the course of business, transport by motor vehicle restricted solid waste that is generated in New South Wales to any place unless the place can lawfully be used for the disposal of that waste and one or both of the following apply— > > > > > (a) the place is the closest place, in or outside New South Wales, to the premises of origin of that waste that can lawfully be used for the disposal of that waste, > > > > > (b) the place is in another State or Territory and a border crossing to that State or Territory is closer to the premises of origin than any place in New South Wales that can lawfully be used for the disposal of that waste. > > > (5) It is a defence in any proceedings for an offence against this clause, in relation to the transportation of waste to a place, if the defendant establishes that the waste— > > > > > (a) was not deposited at the place to which it was transported, or > > > > > (b) was transported to the place for the purposes of any of the following activities and the activity can lawfully be carried out at the place— > > > > > > > (i) recovering or re-using that waste or substances contained in that waste at the place, > > > > > > > (ii) recovering energy from that waste at the place, > > > > > > > (iii) treating or processing that waste at the place for the recovery, re-use or recycling of the waste or substances contained in the waste (whether or not at the place), or > > > > > (c) was transported to the place in an emergency to protect human health, the environment or property, or > > > > > (d) was transported to the place in accordance with a product recall approved by the Australian Pesticides and Veterinary Medicines Authority, Food Standards Australia New Zealand or the Therapeutic Goods Administration of the Commonwealth. > > > (6) The EPA may grant an exemption under Part 9 from this clause in relation to the transportation of any waste that is category 1 trackable waste or category 2 trackable waste. > > > (7) For the avoidance of doubt— > > > > > (a) a reference in this clause to the generation of waste does not include a reference to the sorting or separation of that waste from other waste, and > > > > > (b) a reference in this clause to the processing, recovery or recycling of waste does not include a reference to the sorting of waste. > > > (8) In this clause— > > > > border crossing to a State or Territory means any part of a road (within the meaning of [Road Transport Act 2013](/view/html/inforce/current/act-2013-018)) that is at the boundary between New South Wales and the other State or Territory. > > > > premises of origin of waste means the premises at which the waste was generated or, if those premises cannot be reasonably determined— > > > > > (a) any premises from which it can be established that the waste was transported by motor vehicle, or > > > > > (b) in a case where there is more than one premises from which it can be established that the waste was transported by motor vehicle—the first of those premises. > > > > transport waste includes cause or permit waste to be transported. > > Maximum penalty—400 penalty units in the case of a corporation, 200 penalty units in the case of an individual.