81—Verification of returns by stocktake
(1) The holder of a
waste depot licence who is required to provide a mass balance report under
regulation 74(2) must, if the licence holder is not required to undertake
a survey under regulation 80 in a given financial year, cause a stocktake
of waste and other matter at the depot to be carried out and the results
provided to the Authority within the prescribed period for the licence that
falls in the next financial year.
Maximum penalty: $4 000.
Expiation fee: $300.
(2) The Authority may,
at any time in a financial year, by notice in writing to the holder of a waste
depot licence who is required to provide a mass balance report under
regulation 74(2), require that the licence holder cause a stocktake of
waste and other matter at the depot to be carried out, and the results
provided to the Authority, at such intervals (which may not be less than on a
monthly basis), or within the period or periods, specified by the notice.
(3) To avoid doubt, a
stocktake (or stocktakes) carried out in accordance with
subregulation (2) may be in addition to a stocktake required under
subregulation (1) and may, if so specified in the notice, be required on
an ongoing basis.
(4) The holder of a
waste depot licence must comply with a notice under subregulation (2).
Maximum penalty: $4 000.
Expiation fee: $300.
(5) A stocktake under
this regulation must—
(a) in
relation to the month in which the stocktake is conducted, include a report on
the movement of waste and other matter at the depot (including, to the extent
relevant, the volume of waste and other matter that has been received,
disposed of or used for operational purposes or as cover for landfill at the
depot, or transported from the depot) during the period of that month
immediately preceding the day on which the stocktake is conducted; and
(b)
subject to this regulation, in the case of a stocktake under
subregulation (1)—be carried out in accordance with any other
requirements of, and contain any other information specified in, the Waste
Reporting, Record Keeping and Measurement Standard ; and
(c)
subject to this regulation, in the case of a stocktake under
subregulation (2)—be carried out in accordance with any other
requirements of, and contain any other information specified in, the notice
(and if the notice so specifies, in accordance with the Waste Reporting,
Record Keeping and Measurement Standard ); and
(d) be
carried out by a person who holds the qualifications, or otherwise meets the
requirements, specified in the Waste Reporting, Record Keeping and Measurement
Standard .
(6) The holder of a
waste depot licence must—
(a)
ensure that the results of a stocktake under this regulation are kept for at
least 5 years after the stocktake was carried out; and
(b) make
the results available for inspection and copying by an authorised officer on
request.
Maximum penalty: $4 000.
Expiation fee: $300.
(7) The Authority may,
on application by the holder of a waste depot licence or on its own
initiative, exempt the holder from compliance with any (or all) of the
requirements of this regulation.
(8) An exemption
issued by the Authority under this regulation—
(a) must
be by notice in writing; and
(b) may
be subject to conditions; and
(c) may
be varied or revoked by the Authority, by further notice in writing, at any
time (including by varying or revoking any conditions of the exemption, or by
imposing new conditions).
(9) In this
regulation—
"prescribed period", in relation to a licence, means the period of time that
is less than 6 months, but more than 3 months, before the first
anniversary, and each subsequent anniversary, of the grant or renewal of the
licence.