36Volumetric survey

36 Volumetric survey

(1)  In this section –

suitable surveyor, in relation to a landfill facility, means a person, registered as a surveyor under the Surveyors Act 2002 , who is an independent person in respect of the landfill facility.

(2)  An operator of a landfill facility must –

(a) within 28 days after –

(i) the commencement of this section, if the landfill facility was active on and before that day; or

(ii) the landfill facility commences operation; and

(b) within one year after the day on which a volumetric survey in relation to waste deposited at the landfill facility is carried out under paragraph (a) , and annually after that day –

cause a volumetric survey to be carried out in relation to waste deposited at the landfill facility.

Penalty:  Fine not exceeding 200 penalty units.

(3)  The Secretary may at any time, by notice in writing to an operator of a landfill facility, require the operator to cause a further volumetric survey to be carried out in relation to waste deposited at the landfill facility.

(4)  An operator of a landfill facility must comply with a notice given to the operator under subsection (3) .

Penalty:  Fine not exceeding 200 penalty units.

(5)  A volumetric survey, in relation to waste deposited at a landfill facility, under this section is to be carried out –

(a) by a suitable surveyor; and

(b) at the expense of the operator of the landfill facility; and

(c) in the prescribed manner, if any.

(6)  An operator of a landfill facility must ensure that the results of a volumetric survey, in relation to waste deposited at the landfill facility, that is carried out under this section are given to the Secretary in an approved form within 30 working days after the completion of the survey.

Penalty:  Fine not exceeding 200 penalty units.