Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) Unless a
controlled waste is —
(a)
unloaded with the approval or at the direction of the CEO; or
(b)
unloaded so that it can be transferred to another vehicle or tank in
accordance with the licence of the carrier for the transportation of the type
of controlled waste concerned,
a driver must not
unload the controlled waste from his or her vehicle or tank at a place other
than the disposal site specified in the controlled waste tracking form for the
transportation of that waste.
(2) Unless otherwise
approved or directed by the CEO, a driver must not unload a controlled waste
at a disposal site —
(a) if
the controlled waste tracking form for the transportation of that controlled
waste has ceased to be valid; and
(b) in
the case of a vehicle or tank that is used to bring a controlled waste from
another State or a Territory, later than 7 days after the day on which
the vehicle or tank entered this State.
(3) Unless otherwise
approved or directed by the CEO, a driver who has collected a controlled waste
in this State and who is taking the waste to another State or a Territory must
remove the waste from this State not later than 7 days after —
(a) the
day on which the waste was collected in this State; or
(b) if
the controlled waste is loaded onto a vehicle or tank other than on a road,
the day on which the vehicle or tank enters a road,
whichever is the
later.
(4) A carrier must
ensure that any controlled waste collected in a vehicle or tank of the carrier
is unloaded in accordance with subregulations (1) and (2).
(5) The CEO may
approve or direct the disposal of a controlled waste —
(a) at a
site other than the disposal site specified in the controlled waste tracking
form for the transportation of that waste; and
(b) at a
time specified in the approval or direction.
(6) A failure to
comply with the requirements of subregulation (1), (2) or (4)
is a prescribed alteration of the environment for the purposes of
paragraph (c) of the definition of “pollution” in
section 3A(1) of the Act.
(7) A driver who
contravenes subregulation (3) commits an offence.
(8) It is a defence in
proceedings against a carrier under Part V of the Act (by the application
of subregulation (6)) to prove that —
(a) the
carrier issued proper instructions and took reasonable precautions to ensure
that the driver complied with subregulations (1) and (2);
(b) the
offence was committed by the driver without the carrier’s knowledge; and
(c) the
carrier could not by the exercise of reasonable diligence have prevented the
commission of the offence.