Western Australian Repealed Regulations

This legislation has been repealed.

ENVIRONMENTAL PROTECTION (CONTROLLED WASTE) REGULATIONS 2001 - REG 33

33 .         Obligations of carriers as to the transportation of a controlled waste

        (1)         A carrier who fails to ensure that an operator of a licensed vehicle or a licensed vessel of the carrier -

            (a)         only removes a controlled waste from premises with a permit for the removal of the waste; or

            (b)         complies with any condition imposed by a permit granted under regulation 31(4),

                commits an offence.

        (2)         In proceedings against a carrier for a breach of subregulation (1), it is a defence to prove that -

            (a)         the carrier issued proper instructions and took reasonable precautions to ensure that the operator complied with subregulation (1);

            (b)         the offence was committed by the operator without the carrier's knowledge; and

            (c)         the carrier could not by the exercise of reasonable diligence have prevented the commission of the offence.