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Waste Reduction and Recycling Act 2011
sec.64Requirements for monitoring system
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### sec.64 Requirements for monitoring system
This section applies to the operator of a waste disposal site given a notice under section 63 requiring the operator to install, maintain and operate a monitoring system.
The operator must comply with the obligations stated in subsections (3) and (5) .
Maximum penalty—200 penalty units.
The operator must—
display signage at the waste disposal site in a way that is likely to make persons arriving at the site aware that a monitoring system is installed at the site; and
ensure the monitoring system—
meets the minimum requirements prescribed by regulation for the system; and
is kept in proper working order; and
records vehicles at each monitoring point in a way that identifies the vehicles; and
an image of the vehicle’s registration
comply with any requirements prescribed by regulation about maintaining the monitoring system; and
store each recording in a secure place at the premises in compliance with any requirements prescribed by regulation for the storage; and
keep each recording available for inspection by an authorised person at the premises until the recording is erased or destroyed in compliance with paragraph (f) ; and
ensure a recording—
is only erased or destroyed by the operator or a person approved by the operator; and
is not erased or destroyed earlier than 60 days after it was made; and
is erased or destroyed no later than 90 days after it was made.
However, if a copy of a recording is given to an authorised person, the recording—
need only be kept available for inspection by an authorised person until the authorised person has confirmed by written notice that the recording is viewable; and
may be destroyed once the authorised person has confirmed by written notice that the recording is viewable.
The operator must not—
allow the monitoring system to be operated by anyone other than—
the operator of the site; or
a person approved by the operator; or
allow a recording to be viewed by anyone other than an authorised person or a person mentioned in paragraph (a) .
In this section—
monitoring point means a monitoring point under section 63 (2) .
recording means a video recording made by the monitoring system.
s 64 prev s 64 om 2013 No. 6 s 31
pres s 64 ins 2019 No. 2 s 6
(sec.64-ssec.1) This section applies to the operator of a waste disposal site given a notice under section 63 requiring the operator to install, maintain and operate a monitoring system.
(sec.64-ssec.2) The operator must comply with the obligations stated in subsections (3) and (5) . Maximum penalty—200 penalty units.
(sec.64-ssec.3) The operator must— display signage at the waste disposal site in a way that is likely to make persons arriving at the site aware that a monitoring system is installed at the site; and ensure the monitoring system— meets the minimum requirements prescribed by regulation for the system; and is kept in proper working order; and records vehicles at each monitoring point in a way that identifies the vehicles; and an image of the vehicle’s registration comply with any requirements prescribed by regulation about maintaining the monitoring system; and store each recording in a secure place at the premises in compliance with any requirements prescribed by regulation for the storage; and keep each recording available for inspection by an authorised person at the premises until the recording is erased or destroyed in compliance with paragraph (f) ; and ensure a recording— is only erased or destroyed by the operator or a person approved by the operator; and is not erased or destroyed earlier than 60 days after it was made; and is erased or destroyed no later than 90 days after it was made.
(sec.64-ssec.4) However, if a copy of a recording is given to an authorised person, the recording— need only be kept available for inspection by an authorised person until the authorised person has confirmed by written notice that the recording is viewable; and may be destroyed once the authorised person has confirmed by written notice that the recording is viewable.
(sec.64-ssec.5) The operator must not— allow the monitoring system to be operated by anyone other than— the operator of the site; or a person approved by the operator; or allow a recording to be viewed by anyone other than an authorised person or a person mentioned in paragraph (a) .
(sec.64-ssec.6) In this section— monitoring point means a monitoring point under section 63 (2) . recording means a video recording made by the monitoring system.
- (a) display signage at the waste disposal site in a way that is likely to make persons arriving at the site aware that a monitoring system is installed at the site; and
- (b) ensure the monitoring system— (i) meets the minimum requirements prescribed by regulation for the system; and (ii) is kept in proper working order; and (iii) records vehicles at each monitoring point in a way that identifies the vehicles; and Example of a way that identifies a vehicle— an image of the vehicle’s registration
- (i) meets the minimum requirements prescribed by regulation for the system; and
- (ii) is kept in proper working order; and
- (iii) records vehicles at each monitoring point in a way that identifies the vehicles; and Example of a way that identifies a vehicle— an image of the vehicle’s registration
- (c) comply with any requirements prescribed by regulation about maintaining the monitoring system; and
- (d) store each recording in a secure place at the premises in compliance with any requirements prescribed by regulation for the storage; and
- (e) keep each recording available for inspection by an authorised person at the premises until the recording is erased or destroyed in compliance with paragraph (f) ; and
- (f) ensure a recording— (i) is only erased or destroyed by the operator or a person approved by the operator; and (ii) is not erased or destroyed earlier than 60 days after it was made; and (iii) is erased or destroyed no later than 90 days after it was made.
- (i) is only erased or destroyed by the operator or a person approved by the operator; and
- (ii) is not erased or destroyed earlier than 60 days after it was made; and
- (iii) is erased or destroyed no later than 90 days after it was made.
- (i) meets the minimum requirements prescribed by regulation for the system; and
- (ii) is kept in proper working order; and
- (iii) records vehicles at each monitoring point in a way that identifies the vehicles; and Example of a way that identifies a vehicle— an image of the vehicle’s registration
- (i) is only erased or destroyed by the operator or a person approved by the operator; and
- (ii) is not erased or destroyed earlier than 60 days after it was made; and
- (iii) is erased or destroyed no later than 90 days after it was made.
- (a) need only be kept available for inspection by an authorised person until the authorised person has confirmed by written notice that the recording is viewable; and
- (b) may be destroyed once the authorised person has confirmed by written notice that the recording is viewable.
- (a) allow the monitoring system to be operated by anyone other than— (i) the operator of the site; or (ii) a person approved by the operator; or
- (i) the operator of the site; or
- (ii) a person approved by the operator; or
- (b) allow a recording to be viewed by anyone other than an authorised person or a person mentioned in paragraph (a) .
- (i) the operator of the site; or
- (ii) a person approved by the operator; or