Western Australian Repealed Regulations

This legislation has been repealed.

ENVIRONMENTAL PROTECTION (CONTROLLED WASTE) REGULATIONS 2001 - REG 35

35 .         Obligations of carriers as to vehicles or vessels used to transport a controlled waste

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

            (a)         is used in such a way as to prevent waste spilling, discharging, or falling from the vehicle or vessel; and

            (b)         in the case of a motor vehicle, has on each side and on the rear of the vehicle, a sign in writing at least 150 mm high with the words “Controlled waste”, the name of the carrier, and the licence number of the carrier displayed on it,

                commits an offence.

        (2)         In proceedings against a carrier for a breach of subregulation (1)(a), 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)(a);

            (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.