QLDIn ForceAct
Waste Reduction and Recycling Act 2011
sec.53Person delivering waste to waste disposal site to give information
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### sec.53 Person delivering waste to waste disposal site to give information
This section applies if a person delivers waste to a waste disposal site.
The person must give the operator of the waste disposal site the information (the delivery information ) that the operator reasonably requires to identify—
how much of the waste is exempt waste and how much of it is levyable waste; and
for each type of waste required to be measured by the operator under section 59 —how much waste there is; and
whether the waste was generated in the waste levy zone, the non-levy zone or outside Queensland.
Maximum penalty—300 penalty units.
Also, the delivery information must be given to the operator at least 24 hours before the waste is delivered if—
the waste disposal site is in the non-levy zone; and
the waste was generated outside the non-levy zone; and
the waste is delivered in a vehicle with a GCM or GVM of more than 4.5 tonnes.
However, subsections (2) and (3) do not apply to the person if the person knows the operator already has the delivery information when the information would otherwise be required under subsection (2) or (3) .
The person delivering the waste is acting on behalf of another person and knows that the other person has already given the delivery information.
If the operator of the waste disposal site asks the person to give the operator the delivery information in the approved form, the person must comply with the request unless the person has a reasonable excuse.
Maximum penalty—300 penalty units.
If a person (the principal ) engages or directs another person to deliver waste on behalf of the principal, it is a defence for subsection (2) or (5) for the principal to prove—
the principal gave the other person appropriate instructions; and
the principal used all reasonable precautions to ensure the other person complied with this section; and
the principal could not by the exercise of reasonable diligence have stopped the commission of the offence.
Nothing in this section prevents the person from giving delivery information for more than 1 consignment of waste to be delivered to the waste disposal site.
s 53 prev s 53 om 2013 No. 6 s 29
pres s 53 ins 2019 No. 2 s 6
(sec.53-ssec.1) This section applies if a person delivers waste to a waste disposal site.
(sec.53-ssec.2) The person must give the operator of the waste disposal site the information (the delivery information ) that the operator reasonably requires to identify— how much of the waste is exempt waste and how much of it is levyable waste; and for each type of waste required to be measured by the operator under section 59 —how much waste there is; and whether the waste was generated in the waste levy zone, the non-levy zone or outside Queensland. Maximum penalty—300 penalty units.
(sec.53-ssec.3) Also, the delivery information must be given to the operator at least 24 hours before the waste is delivered if— the waste disposal site is in the non-levy zone; and the waste was generated outside the non-levy zone; and the waste is delivered in a vehicle with a GCM or GVM of more than 4.5 tonnes.
(sec.53-ssec.4) However, subsections (2) and (3) do not apply to the person if the person knows the operator already has the delivery information when the information would otherwise be required under subsection (2) or (3) . The person delivering the waste is acting on behalf of another person and knows that the other person has already given the delivery information.
(sec.53-ssec.5) If the operator of the waste disposal site asks the person to give the operator the delivery information in the approved form, the person must comply with the request unless the person has a reasonable excuse. Maximum penalty—300 penalty units.
(sec.53-ssec.6) If a person (the principal ) engages or directs another person to deliver waste on behalf of the principal, it is a defence for subsection (2) or (5) for the principal to prove— the principal gave the other person appropriate instructions; and the principal used all reasonable precautions to ensure the other person complied with this section; and the principal could not by the exercise of reasonable diligence have stopped the commission of the offence.
(sec.53-ssec.7) Nothing in this section prevents the person from giving delivery information for more than 1 consignment of waste to be delivered to the waste disposal site.
- (a) how much of the waste is exempt waste and how much of it is levyable waste; and
- (b) for each type of waste required to be measured by the operator under section 59 —how much waste there is; and
- (c) whether the waste was generated in the waste levy zone, the non-levy zone or outside Queensland.
- (a) the waste disposal site is in the non-levy zone; and
- (b) the waste was generated outside the non-levy zone; and
- (c) the waste is delivered in a vehicle with a GCM or GVM of more than 4.5 tonnes.
- (a) the principal gave the other person appropriate instructions; and
- (b) the principal used all reasonable precautions to ensure the other person complied with this section; and
- (c) the principal could not by the exercise of reasonable diligence have stopped the commission of the offence.