South Australian Current Regulations

ENVIRONMENT PROTECTION REGULATIONS 2023 - REG 106

106—Exemption from requirement for licence for transportation of controlled waste

        (1)         A person will be exempt from the requirement under section 36 of the Act to hold a licence in respect of the transportation of controlled waste into or through South Australia from another participating State, or from South Australia to another participating State if—

            (a)         the person holds a licence or other similar authority that—

                  (i)         has been granted by a participating State other than South Australia; and

                  (ii)         is the same as or has a similar effect to an environmental authorisation that authorises the activities specified in clause 3(5) or clause 3(6) (or both) of Schedule 1 Part A of the Act; and

            (b)         the person ensures that a copy of the consignment authorisation obtained in relation to the controlled waste being transported is carried in the vehicle transporting the waste; and

            (c)         the person ensures that the conditions to which the consignment authorisation is subject (if any) are complied with to the extent that those conditions apply to the transportation of the controlled waste; and

            (d)         the person complies with the conditions of the person's licence or other authority granted by the participating State, to the extent that those conditions apply to the transportation of the controlled waste.

        (2)         In this regulation—

"Commonwealth Act" means the National Environment Protection Council Act 1994 of the Commonwealth, as in force from time to time;

"consignment authorisation" has the same meaning as in the Controlled Waste Transport Measure;

"controlled waste" has the same meaning as in the Controlled Waste Transport Measure;

"Controlled Waste Transport Measure" means the National Environment Protection (Movement of Controlled Waste Between States and Territories) Measure made on 26 June 1998 and as in force from time to time under the Commonwealth Act;

"participating State" means a participating State, or a participating Territory, within the meaning of the Controlled Waste Transport Measure.