ENVIRONMENTAL PROTECTION REGULATIONS 1987 - REG 26
ENVIRONMENTAL PROTECTION REGULATIONS 1987 - REG 26
26 . Waste disposed of in category 63 licensed landfill, calculating amount of
(1) The licensee of a
category 63 licensed landfill must —
(a)
cause a survey of the premises to be conducted by a surveyor for the purpose
of establishing a base from which the volume of waste subsequently disposed of
to landfill on the premises can be measured (the baseline survey ); and
(b)
lodge with the Chief Executive Officer a report of that survey prepared by the
surveyor (the baseline report ).
Penalty: $5 000.
(2) In the case of an
existing landfill —
(a) the
baseline survey must be conducted as soon as practicable after
1 October 2006; and
(b) the
baseline report must be lodged on or before 14 October 2006.
(3) In the case of a
category 63 licensed landfill other than an existing landfill —
(a) the
baseline survey must be conducted —
(i)
after the licence is issued; and
(ii)
not more than 14 days before the licensee commences
accepting waste for disposal to landfill on the premises;
and
(b) the
baseline report must be lodged within 14 days after the licensee
commences accepting waste for disposal to landfill on the premises.
(4) Subject to any
exemption granted on application under regulation 23(2a), after the end
of a return period the licensee of a category 63 licensed landfill must cause
a survey of the premises to be conducted by a surveyor for the purpose of
calculating the volume of waste disposed of to landfill during that return
period (a quarterly survey ).
(5) The licensee must
lodge a report on a quarterly survey, prepared by the surveyor, with the
return lodged under regulation 30 for that return period.
Penalty: $5 000.
(6) The report
referred to in subregulation (5) must include the surveyor’s
calculation of the number of cubic metres of waste disposed of to landfill on
the premises during the return period based on a comparison of the quarterly
survey for that return period and the previous quarterly survey or, if there
is no previous quarterly survey, the baseline survey for the premises or the
estimated base established under regulation 26A(1).
(7) The volume of
waste so calculated by the surveyor is to be the volume used for the purposes
of determining the amount of the levy under regulation 27.
(8) In this
regulation —
existing landfill means a category 63 licensed
landfill —
(a) for
which the licence was in force on 1 October 2006; and
(b) at
which waste was being accepted for disposal to landfill prior to
1 October 2006;
surveyor means —
(a) a
licensed surveyor as defined in the Licensed Surveyors Act 1909 ; or
(b) a
person who is, or is eligible to be, a member of —
(i)
the Institution of Surveyors, Australia; or
(ii)
the Spatial Sciences Institute.
[Regulation 26 inserted: Gazette
29 Sep 2006 p. 4263-4.]