ENVIRONMENTAL PROTECTION (CONTROLLED WASTE) REGULATIONS 2004 - REG 49
ENVIRONMENTAL PROTECTION (CONTROLLED WASTE) REGULATIONS 2004 - REG 49
49 . Exemptions
(1) The CEO may by
written notice exempt a person from compliance with any of the regulations in
Parts 2 and 3 if the CEO is satisfied that —
(a) the
circumstances in which the exemption is requested are justifiable and
accountable; and
(b) the
exemption will not adversely affect the operation of these regulations.
(2A) The CEO may give
an exemption subject to conditions, or limited to circumstances, specified in
the notice.
(2B) Without limiting
subregulation (2A), the conditions that may be specified in a notice
giving an exemption include these —
(a) that
the person given the exemption must transport the relevant controlled waste to
a specified place within a specified period;
(b) that
the person given the exemption must transport the relevant controlled waste in
accordance with specified requirements;
(c) that
the person given the exemption must keep specified records relating to the
amount, containment type and location of the relevant controlled waste;
(d) that
the person given the exemption must provide a written report to the CEO
relating to the transportation and unloading of the relevant controlled waste
when required to do so by the CEO.
(2C) In
subregulation (2B) —
containment type , of a controlled waste, refers
to the controlled waste being either bulk controlled waste or packaged
controlled waste;
relevant controlled waste means the controlled
waste to which an exemption given under subregulation (1) relates;
specified means specified in a notice giving an
exemption under subregulation (1).
(2D) If the CEO gives
an exemption, the CEO must specify in the notice the period for which the
exemption applies.
(2E) If a condition
subject to which an exemption is given is breached, the exemption ceases to
have effect.
(2) The CEO may by
further written notice revoke or vary an exemption given under
subregulation (1).
[Regulation 49 amended: Gazette 1 Aug 2014
p. 2815-16.]