sec.54Person delivering particular waste to give information

### sec.54 Person delivering particular waste to give information This section applies if— a person delivers waste to— a resource recovery and transfer facility in the non-levy zone; or an entity conducting a recycling activity in the non-levy zone; and the waste was generated outside the non-levy zone; and the person delivers the waste in a vehicle with a GCM or GVM of more than 4.5 tonnes. The person must, at least 24 hours before delivering the waste, give the operator of the resource recovery and transfer facility or entity the information (the delivery information ) that the operator or entity reasonably requires to identify— how much of the waste is exempt waste and how much of it is levyable waste; and whether the waste was generated in the waste levy zone or outside Queensland. Maximum penalty—300 penalty units. However, subsection (2) does not apply to the person if the person knows the operator or entity already has the delivery information when it is required under that subsection. The person delivering the waste to a resource recovery and transfer facility is the operator of the facility. If the operator or entity asks the person to give the delivery information to the operator or entity 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 subsections (2) and (4) 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 resource recovery and transfer facility or to the entity. In this section— resource recovery and transfer facility means a facility used for— receiving, sorting, dismantling or baling waste; or storing waste before moving it, from the site where the relevant activity is carried out, for recycling, processing, treatment or disposal. s 54 prev s 54 om 2013 No. 6 s 30 pres s 54 ins 2019 No. 2 s 6 (sec.54-ssec.1) This section applies if— a person delivers waste to— a resource recovery and transfer facility in the non-levy zone; or an entity conducting a recycling activity in the non-levy zone; and the waste was generated outside the non-levy zone; and the person delivers the waste in a vehicle with a GCM or GVM of more than 4.5 tonnes. (sec.54-ssec.2) The person must, at least 24 hours before delivering the waste, give the operator of the resource recovery and transfer facility or entity the information (the delivery information ) that the operator or entity reasonably requires to identify— how much of the waste is exempt waste and how much of it is levyable waste; and whether the waste was generated in the waste levy zone or outside Queensland. Maximum penalty—300 penalty units. (sec.54-ssec.3) However, subsection (2) does not apply to the person if the person knows the operator or entity already has the delivery information when it is required under that subsection. The person delivering the waste to a resource recovery and transfer facility is the operator of the facility. (sec.54-ssec.4) If the operator or entity asks the person to give the delivery information to the operator or entity in the approved form, the person must comply with the request unless the person has a reasonable excuse. Maximum penalty—300 penalty units. (sec.54-ssec.5) If a person (the principal ) engages or directs another person to deliver waste on behalf of the principal, it is a defence for subsections (2) and (4) 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.54-ssec.6) Nothing in this section prevents the person from giving delivery information for more than 1 consignment of waste to be delivered to the resource recovery and transfer facility or to the entity. (sec.54-ssec.7) In this section— resource recovery and transfer facility means a facility used for— receiving, sorting, dismantling or baling waste; or storing waste before moving it, from the site where the relevant activity is carried out, for recycling, processing, treatment or disposal. - (a) a person delivers waste to— (i) a resource recovery and transfer facility in the non-levy zone; or (ii) an entity conducting a recycling activity in the non-levy zone; and - (i) a resource recovery and transfer facility in the non-levy zone; or - (ii) an entity conducting a recycling activity in the non-levy zone; and - (b) the waste was generated outside the non-levy zone; and - (c) the person delivers the waste in a vehicle with a GCM or GVM of more than 4.5 tonnes. - (i) a resource recovery and transfer facility in the non-levy zone; or - (ii) an entity conducting a recycling activity in the non-levy zone; and - (a) how much of the waste is exempt waste and how much of it is levyable waste; and - (b) whether the waste was generated in the waste levy zone or outside Queensland. - (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. - (a) receiving, sorting, dismantling or baling waste; or - (b) storing waste before moving it, from the site where the relevant activity is carried out, for recycling, processing, treatment or disposal.