Health (Liquid Waste) Regulations 1993 (WA)
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WESTERN 6625 AUSTRALIA
GOVERNMENT
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PUBLISHED BY AUTHORITY G. L. DUFFIELD, GOVERNMENT PRINTER AT 3.45 P.M.
HEALTH ACT 1911
HE AL U:D WAST 14213-1 NS 1993
10 December 1993] GOVERNMENT GAZETTE, WA 6627 WESTERN AUSTRALIA
HEALTH (LIQUID WASTE)
REGULATIONS 1993
ARRANGEMENT
Page
PART 1— PRELIMINARY
1. Citation 1 2. Interpretation 1 3. Object of regulations 2
4. Application 2
5. Liquid waste approved for recycling 2
PART 2— LICENSING AND REGISTRATION Division 1 — General matters
| 6. Application for licence or certificate of registration | 3 |
| 7. Licensing or registration | 3 |
| 8. Conditions and restrictions | 4 |
| 9. Validity of licence or registration | 4 |
| 10. Renewal of licence or registration | 4 |
| 11. Executive Director may cancel, suspend, refuse to renew, |
licence or certificate 4
| 12. Return of licence or certificate | 5 |
6628 GOVERNMENT GAZETTE, WA [10 December 1993
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Page
Division 2— Premises
13. Certain premises to be licensed 5 14. Licence to specify categories of waste 5 15. Tanks on licensed premises 5 Division 3— Carriers
16. Carrier to be licensed 6 17. Refusal of licence 6 18. Automatic cancellation of licence 6 19. Licensee to advise Executive Director if sub-contracting 6 Division 4 — Drivers
20. Drivers to be registered 6 21. Register 6 22. Notification of change of particulars 7 Division 5— Transfer facilities
23. Transfer facilities to be registered 7 24. Application for registration of transfer facility 7 25. Inspection 7 26. Registration 8 27. Register 8 Division 6— Vehicles 28. Vehicles of carriers to be registered 8 29. Inspection of vehicles 8 30. Issue of certificate of registration 8 31. Validity of registration 8 Division 7 — Disposal site operators
32. Disposal site operator to be licensed 9
10 December 1993] GOVERNMENT GAZETTE, WA 6629 111
Page
PART 3— REMOVAL OF LIQUID WASTE GENERALLY
10
33. Categories of waste stored
34. Issue of permit 10 35. Procedure when removing waste from an apparatus for the treatment of sewage 10 36. Obligations of carrier as to removal and disposal of liquid waste 10 37. Obligations of carriers as to vehicles and tanks 11 38. Obligations of carriers as to records 11 39. Operation of transfer facility 12 12 40. Transfer facilities - reconciliation statements
41. Procedure on discharge 12 42. Spillage of liquid waste 13 PART 4— MISCELLANEOUS
14
43. Exemptions
44. Vehicles not to be used for other purposes 14 45. Vehicles carrying liquid waste not to leave Schedule 1 area 14 46. Executive Director may take samples 14 47. Inspection, production of licences, records etc. 14 48. Statements to be correct 15 15 49. Appeals
15
50. Penalties
PART 5— REPEAL, SAVINGS AND TRANSITIONAL
51. Repeal of former regulations 17 52. Savings and transitional 17
SCHEDULE 1
AREA OF APPLICATION OF THE REGULATIONS 18 SCHEDULE 2
LIQUID WASTE 19 SCHEDULE 3
FEES 20
6630 GOVERNMENT GAZETTE, WA [10 December 1993
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Page
SCHEDULE 4
DISPOSAL SITES 21 SCHEDULE 5
TRANSITIONAL
1. Time allowed to license premises 22 2. Time allowed to obtain identification plate for tank 22 3. Transporter's licence to continue to operate 22 4. Time allowed to obtain driver's registration 22 5. Time allowed to register transfer facility 22 6. Time allowed to register vehicle 23 7. Disposal site operator licence to continue to operate 23
10 December 1993] GOVERNMENT GAZETTE, WA 6631 HEALTH ACT 1911
HEALTH (LIQUID WASTE) REGULATIONS 1993
Made by His Excellency the Governor in Executive Council under sections 134 (53) and 343 (5) of the Health Act 1911.
PART 1— PRELIMINARY
Citation
1. These regulations may be cited as the Health (Liquid Waste) Regulations 1993.
Interpretation
| 2. | — "certificate of registration" "approved" means approved by the Executive Director; "carrier" means a person licensed as a carrier; |
In these regulations, unless the contrary intention appears or "certificate" means a certificate of registration
under these regulations;
"collection tank" means an apparatus or impervious vessel for the collection, storage or treatment of liquid waste but does not include a transfer facility;
"Executive Director" means the Executive Director, Public Health or a delegate of that official;
"Licence" means a licence under these regulations;
"liquid waste" means any waste specified in Schedule 2 except waste that is —
(a)
the subject of a disposal licence issued under the Environmental Protection Act 1986, the Metropolitan Water Supply, Sewerage and Drainage Act 1909, or the Waterways Conservation Act 1976 (unless it is a condition of the licence that the disposal of the waste is to be subject to these regulations);
(b)
stormwater that is not contaminated with material liable to be harmful to health or the environment; or
(c) approved for recycling under regulation 5;
"registered" means registered under these regulations;
6632 GOVERNMENT GAZETTE, WA [10 December 1993
2
"repealed regulations" means the Health (Licensing of Liquid Waste) Regulations 1987;
"transfer facility" means a mobile or immobile container into which liquid waste is discharged temporarily before delivery to a disposal site.
Object of regulations
3. The object of these regulations is to control the collection, transport and disposal of bulk liquid waste.
Application
4. These regulations apply in respect of liquid waste produced, collected, transported, or disposed of, in the local government districts specified in Schedule 1.
Liquid waste approved for recycling
5. (1) The Minister may by written notice published in the Gazette specify types of liquid waste that are approved for recycling.
(2)
A notice published under subregulation (1) may specify the conditions under which the liquid waste referred to in the notice is approved for recycling.
(3) The Minister may revoke or amend a notice published under subregulation
(1).
10 December 19931 GOVERNMENT GAZETTE, WA 6633 3
PART 2— LICENSING AND REGISTRATION
Division 1— General matters
Application for licence or certificate of registration
6. (1) An application for a licence or certificate of registration is to be made to the Executive Director in an approved form duly completed and accompanied by the appropriate fee, if any, specified in Schedule 3.
(2) The Executive Director may, before determining an application for a licence or certificate of registration require the applicant to provide the Executive Director with such further information as the Executive Director requires in any particular case.
Licensing or registration
7. (1) Subject to subregulation (2), the Executive Director is to grant an
application made under regulation 6 and issue to the applicant a licence or certificate
of registration, as the case requires.
(2) The Executive Director may refuse an application made under regulation 6 on the grounds that —
(a)
the applicant, or where the applicant is a body corporate, an individual concerned with the control and management of the body corporate, has been convicted of an offence against the Act, these regulations or the repealed regulations or any other offence that relates to the collection or transport of liquid waste;
(b)
the applicant, or where the applicant is a body corporate, an individual concerned with the control and management of the body corporate, is not of good character and repute and fit to be involved in the business in respect of which the application is made;
(c) the applicant's licence or registration is suspended;
(d) the applicant, or where the applicant is a body corporate, an individual concerned with the control and management of the body corporate, has previously been licensed or registered under these regulations and the Executive Director cancelled or refused to renew that licence or registration under regulation 11; (e) the application contains or is accompanied by information that is false or misleading to a significant extent; or (0 if the application is for a licence, the applicant is already the holder of a licence, or where the applicant is a body corporate, an individual concerned with the control and management of the body corporate, is already the holder of a licence or is concerned with the control and management of a body corporate that is already the holder of a licence.
6634 GOVERNMENT GAZETTE, WA [10 December 1993
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Conditions and restrictions
8. (1) The Executive Director may impose such conditions or restrictions upon the grant or renewal of a licence or certificate of registration as the Executive Director thinks fit, and may at any time by notice in writing impose conditions or restrictions upon a licence or registration that has been granted, or add to, vary or revoke conditions or restrictions already imposed.
(2) A person who holds a licence or certificate of registration and who contravenes or fails to comply with a condition imposed upon that licence or certificate under subreg-ulation (1) commits an offence.
Validity of licence or registration
9. Subject to these regulations and unless otherwise provided in these regulations, a licence or certificate of registration expires on 30 June after it is granted.
Renewal of licence or registration
10. Upon application made before 31 May in the year renewal is due, or on such later day as the Executive Director may allow, accompanied by the appropriate fee, if any, specified in Schedule 3, the Executive Director may renew a licence or certificate of registration.
Executive Director may cancel, suspend, refuse to renew, licence or certificate
11. (1) Subject to this regulation, the Executive Director may cancel, suspend for
a fixed period or refuse to renew a licence or certificate of registration on the grounds
that —
(a)
the holder has been convicted of an offence against the Act, these regulations or the repealed regulations or any other offence that relates to the collection or transport of liquid waste;
(b) a condition imposed upon the licence or certificate of registration has been
contravened or has not been complied with; or (c) the licence or certificate was obtained by fraud or misrepresentation.
Unless otherwise provided in these regulations, if the Executive Director proposes to cancel, suspend or refuse to renew a licence or certificate of registration, the Executive Director is to give to the holder of the licence or certificate notice in writing of the proposal and the Executive Director's reasons for the proposal.
(2)
(3)
A notice given under subregulation (2) is to state that within 14 days after the notice is given, the person to whom it is given may make representations in writing to the Executive Director concerning the matter, and the Executive Director is not to determine the matter without considering any representations received within that period of 14 days.
If the Executive Director cancels, suspends, or refuses to renew, a licence or
certificate of registration the Executive Director is to give to the holder of the licence
or certificate notice in writing of the cancellation, suspension or refusal to renew.
(4)
10 December 1993] GOVERNMENT GAZETTE, WA 6635 5
Return of licence or certificate
12. (1) The Executive Director may require the holder of a licence or certificate of
registration to return the licence or certificate to the Executive Director where —
(a) the licence or certificate has been cancelled, suspended or has not been renewed; or (b) conditions, restrictions or further details are to be endorsed on the licence or certificate.
A person who fails to comply, within 21 days of receiving notice of the
requirement, with a requirement made of that person by the Executive Director under
subregulation (1), commits an offence.
(2)
It is a defence to a prosecution for an offence against subregulation (2) if the
defendant satisfied the court that the failure to surrender the certificate was due to its
loss or destruction.
(3)
Division 2 — Premises
Certain premises to be licensed
13. (1) A person who causes or permits more than 205 litres of liquid waste to be
removed from premises in any period of 12 months commits an offence unless —
(a) • the premises are licensed and the category of liquid waste removed is specified in the relevant licence; or (b) all the liquid waste is removed from the premises in accordance with a permit issued under regulation 34.
(2) In subregulation (1) "liquid waste" does not include category 2 or category 3 liquid waste.
Licence to specify categories of waste
14. (1) A licence issued in respect of premises on which liquid waste is produced
is to specify the categories of waste that may be removed from the licensed premises.
(2) The holder of a licence issued in respect of premises on which liquid waste is
produced who fails to notify the Executive Director immediately if liquid waste of a
category other than a category specified in the licence is produced on the premises
| commits an offence. |
Tanks on licensed premises
15. The holder of a licence issued in respect of premises on which liquid waste is
produced who fails to ensure that each collection tank on the premises—
(a)
has an identification plate issued by the Executive Director and endorsed with a number allocated by the Executive Director ; and
(b)
has attached to it, or in close proximity to it, in a place that has been specified in writing by the Executive Director, or, if no place has been so specified, in a place that is clearly visible, the identification plate issued under paragraph (a) for that collection tank,
commits an offence.
6636 GOVERNMENT GAZETTE, WA [10 December 1993
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Division 3— Carriers
Carrier to be licensed
16. (1) A person who collects or transports more than 205 litres of liquid waste atany one time and who is not licensed as a carrier commits an offence.
(2)
A licence issued to a carrier is to specify the categories of waste the carrier is
licenced to collect and transport and the categories of waste the carrier is permitted to
mix.
(3)
A carrier who collects or transports liquid waste of a category not specified on his or her licence commits an offence.
Refusal of licence
17. In addition to the grounds specified in regulation 7, the Executive Director may
refuse an application for a licence as a carrier if the Executive Director is satisfied
that the applicant does not have adequate technical competence or financial resourcesto operate as a carrier.
Automatic cancellation of licence
18. Notwithstanding regulation 11, upon the conviction of a carrier for an offenceagainst section 98 of the Act, the licence of the carrier is immediately cancelled.
Licensee to advise Executive Director if sub-contracting
19. (1) If a carrier proposes to sub-contract the collection and transportation of
liquid waste, the carrier must notify the Executive Director in the approved form atleast 7 days before the sub-contractor commences collection or transportation.
(2) A carrier who contravenes subregulation (1) commits an offence. (3)
Subregulation (1) does not operate to relieve a sub-contractor of his or her
obligations to comply with the licensing and registration requirements of these
regulations.
Division 4 — Drivers Drivers to be registered
20. A person who is not registered as a driver and who drives a vehicle on whichmore than 205 litres of liquid waste is carried at any one time commits an offence.
Register
21. The Executive Director is to cause to be compiled and maintained a register ofall persons who are registered as drivers showing in respect of each person —
(a) the name and address of that person;
(b) the name and address of the person's employer; and
(c) such other information as the Executive Director thinks fit.
10 December 1993] GOVERNMENT GAZETTE, WA 6637 7
Notification of change of particulars
22. (1) A person registered under this Division as a driver must notify the Executive Director in writing of details of any change of employer of that person that is relevant to the collection or transport of liquid waste within 7 days of changing employer.
(2) A driver who contravenes subregulation (1) commits an offence. (3)
The Executive Director is to enter on the register, and endorse on the
relevant certificate of registration, details of any change notified under subregulation
(1).
Division 5— Transfer facilities
Transfer facilities to be registered
23. (1) Subject to subregulation (3), a person who uses a container as a transfer
facility for more than 205 litres of liquid waste commits an offence unless the
container is individually registered as being suitable for that purpose.
A container is not to be taken to be registered in accordance with subregulation (1) by reason only of its being mounted on a registered vehicle.
(2)
An unregistered transfer facility may be used if the use is necessitated by
urgent circumstances and the transfer facility is used under and in accordance with
permission given for that purpose by the Executive Director.
(3)
Application for registration of transfer facility
24. (1) An application for registration of a transfer facility may only be made by a
licensed carrier.
(2) In addition to the application fee, the application is to be accompanied by the inspection fee specified in Schedule 3.
Inspection
| registration is determined, the Executive Director is to inspect and may, if considered | 25. (1) Before an application for registration of a transfer facility or renewal of |
| necessary, test the transfer facility. | |
| (2) A certificate of registration is not to be issued or renewed in respect of a transfer facility unless the Executive Director is satisfied that the transfer facility is — |
(a) sealable so as to prevent escape of odour; (b)
calibrated at 500 litre intervals using a dipstick or other approved system so that the volume of the contents can be quickly and accurately measured;
(c) impervious; and (d)
appropriately designed to avoid spillage and contain spilled material and odour.
6638 GOVERNMENT GAZETTE, WA [10 December 1993
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Registration
26. (1) Subject to these regulations, registration of a transfer facility expires 3
years after it is granted.(2) Registration of a transfer facility may be subject to such conditions and restrictions as to the time, place and circumstances of the use of the transfer facility as the Executive Director specifies on the certificate of registration.
Register
27. The Executive Director is to cause to be compiled and maintained a register of
all registered transfer facilities showing in respect of each transfer facility the detailsthat are endorsed on the certificate of registration of that transfer facility.
Division 6— Vehicles
Vehicles of carriers to be registered
28. A carrier who carries liquid waste in a vehicle other than a vehicle registeredunder these regulations commits an offence.
Inspection of vehicles
29. (1) Before an application for registration of a vehicle is determined the
applicant is to submit the vehicle for inspection at a time and place satisfactory to theExecutive Director.
(2)
The Executive Director may by notice in writing require the owner of a
vehicle registered under these regulations to submit the vehicle for inspection at a
time and place specified in the notice.
An owner of a vehicle who fails to comply with a notice issued under subregulation (2) commits an offence.
(3)
Issue of certificate of registration
30. A certificate of registration is not to be issued in respect of the vehicle of a
carrier unless the vehicle has — (a) approved sight gauges; (b) an impervious tank —
(i) calibrated to not less than 500 litre intervals using a dipstick or other approved system so that the volume of contents can be quicldy and accurately measured; and
(ii) with signs as required under regulation 37 (2) (b) and (c); (c) sampling taps at places specified by the Executive Director; and (d) signs as required under regulation 37 (2) (a).
Validity of registration
31. (1) The registration of a vehicle ceases to be valid if modifications relating to
any of the matters referred to in regulation 30 (a) to (d) are made to the vehicle
without the approval of the Executive Director.
10 December 19931 GOVERNMENT GAZETTE, WA 6639 9
The registration of the vehicle of a carrier remains valid only while the licence of the carrier is valid.
(2)
If the licence of a carrier is suspended, the registration of each vehicle of the carrier is suspended for the period of the suspension of the licence.
(3)
Division 7— Disposal site operators
Disposal site operator to be licensed
32. (1) Subject to subregulation (2), a person who accepts delivery of liquid waste
from a carrier or disposes of that liquid waste and who is not licensed as a disposal
site operator commits an offence.
(2) Subregulation (1) does not apply where liquid waste is disposed of at a disposal site in accordance with the approval or a direction of the Executive Director under regulation 36 (2) or (3).
6640 GOVERNMENT GAZETTE, WA [10 December 1993
10
PART 3— REMOVAL OF LIQUID WASTE GENERALLY
Categories of waste stored
33. (1) Subject to subregulation (2), a person who places in a collection tank on
licensed premises liquid waste of a category other than a category specified in the
licence of those premises commits an offence.(2) Subregulation (1) does not apply if the Executive Director has, by notice in writing, approved the storage of that category of liquid waste in the collection tank.
Issue of permit
34. (1) A person requiring a permit to remove more than 205 litres of liquid
waste from premises other than licensed premises may, using the approved form and
paying the fee specified in Schedule 3, apply to the Executive Director for a permit toremove the liquid waste.
(2)
The Executive Director may grant, or refuse to grant, a permit under this
regulation or may impose such conditions or require such testing of the liquid waste
and further information as the Executive Director thinks fit.
(3)
A permit is to be numbered and is valid for one removal operation only by a carrier from the premises specified in the permit.
(4) A person is not to be granted more than one permit in any period of 12
months.
Procedure when removing waste from an apparatus for the treatment of
sewage
35. When removing liquid waste from an apparatus for the treatment of sewage, acarrier who fails to —
(a)
substantially comply with the code of practice for removal of liquid waste from an apparatus for the treatment of sewage issued by the Executive Director;
(b) completely remove the lid of the apparatus for the treatment of sewage; (c)
break up and remove the waste to the extent that it is reasonably practicable to do so; or
(d) replace the lid with due care so as not to damage it,
commits an offence.
Obligations of carrier as to removal and disposal of liquid waste
36. (1) Unless otherwise approved or directed by the Executive Director, a carrier
who takes liquid waste to a disposal site other than a disposal site specified inSchedule 4 commits an offence.
(2)
The Executive Director may approve the disposal of liquid waste at a disposal site other than a disposal site specified in Schedule 4.
(3) The Executive Director may direct a carrier to dispose of liquid waste at a
specified disposal site.
(4) A carrier who fails to comply with a direction under subregulation (3)
commits an offence.
10 December 1993] GOVERNMENT GAZETTE, WA 6641 11
A carrier who removes liquid waste from a collection tank at licensed
premises that does not have an identification plate affixed to it in accordance with
regulation 15 commits an offence.
(5)
A carrier who fails to ensure that only one category of liquid waste is placed in a transfer facility or in a tank used by the carrier at any time (unless the categories are specified on the carrier's licence as categories the carrier is permitted to mix) commits an offence.
(6)
A carrier who fails to ensure that no liquid waste is discharged into, or
removed from, a transfer facility registered by the carrier except by a vehicle
registered by the carrier commits an offence.
(7)
Obligations of carriers as to vehicles and tanks
37. (1) A carrier who fails to ensure that each registered vehicle of the carrier —
(a)
is of a construction that is sound and suitable for the transport of liquid waste; and
(b)
is kept in good repair and used in such a way as to prevent the spillage of liquid waste and the emission of fumes and effluvia from the vehicle,
commits an offence.
(2) A carrier who fails to display on permanently affixed signs, in writing at least 150 millimetres high —
(a)
on each side of every registered vehicle of the carrier, his or her name or approved trading name;
(b)
on each side of every tank used by the carrier to carry liquid waste, the carrying capacity, in litres, of the tank, and the licence number of the carrier; and
(c)
on each side and the rear of every tank used by the carrier to carry liquid waste, his or her name or approved trading name,
commits an offence.
Obligations of carriers as to records
38. (1) Prior to leaving premises from which liquid waste has been collected, the
| carrier must record — |
(a) the name of the person from whom the liquid waste was collected; (b) the address of the person from whom the liquid waste was collected; (c) the category of the liquid waste; (d)
if a permit for the removal of the liquid waste was issued under regulation 34, the permit number;
(e)
if the liquid waste is collected from a collection tank, the identification number of the collection tank;
(f) the date of the collection; (g) the volume of the liquid waste collected; and (h) the site at which the liquid waste is to be discharged,
in an approved form prepared in quadruplicate and sign the form.
6642 GOVERNMENT GAZETTE, WA [10 December 1993
12
(2) The carrier must leave one copy of the form at the premises from which the liquid waste is collected.
(3) A carrier who contravenes subregulation (1) or (2) commits an offence. Operation of transfer facility
39. (1) A carrier who holds a certificate of registration for a transfer facility mustensure that —
(a)
the operation of the transfer facility does not create a health hazard, an environmental hazard or a nuisance;
(b) any spillage of liquid waste is removed; and
(c)
the site of the operation is maintained in a clean state and odours are prevented.
(2) A carrier who contravenes subregulation (1) commits an offence.
Transfer facilities - reconciliation statements
40. (1) Not later than 7 days after 6 p.m. Friday of each week, each carrier who
holds a certificate of registration for a transfer facility must submit to the ExecutiveDirector a reconciliation statement in an approved form showing —
(a)
the particulars referred to in regulation 38 (1) (a) to (g) in respect of all liquid waste discharged into the transfer facility during that week;
(b) the site at which the liquid waste was discharged;
(c)
the volume and categories of waste discharged from the transfer facility during the week; and
(d)
the registration number of any vehicle into which waste was discharged from the transfer facility during the week.
(2) A carrier who contravenes subregulation (1) commits an offence.
Procedure on discharge 41. (1) Before discharging liquid waste at a disposal site, the driver of the vehicle must give the original and one copy of the form prepared and signed under regulation 38 (1) to the attendant in charge of the disposal site.
(2) A driver who contravenes subregulation (1) commits an offence. (3) The attendant in charge of the disposal site must sign the approved form of receipt in duplicate for the forms referred to in subregulation (1) and then direct the discharge of waste into an approved receptacle or onto an approved part of the disposal site.
(4)
An operator of a disposal site must forward the original of the form received under subregulation (1) to the Executive Director within 14 days of receiving the form.
(5) An operator of a disposal site who contravenes subregulation (3) or (4) commits an offence.
10 December 1903] GOVERNMENT GAZETTE, WA 6643 13
Spillage of liquid waste
42. (1) Where spillage of liquid waste has occurred which may cause a hazard to
health or the environment or any nuisance the Executive Director or a local authority
may require by notice in writing —
(a)
the carrier who was in possession of the liquid waste at the time of the spillage; or
(b) the person who produced the liquid waste,
to remove the spillage and clean the site of the spillage to an approved standard, at
the expense of the carrier or producer and within the time specified in the notice.
(2) A person who fails to comply with a notice issued under subregulation (1) commits an offence.
6644 GOVERNMENT GAZETTE, WA (10 December 1993
14
PART 4— MISCELLANEOUS
Exemptions
43. (1) The Executive Director may by notice in writing exempt a person from
compliance with any of the regulations in Parts 2 and 3 if the Executive Director issatisfied that —
(a) the circumstances in which the exemption is requested are exceptional; and (b) the exemption will not adversely affect the operation of these regulations. (2) The Executive Director may by further notice in writing revoke or amend an exemption made under subregulation (1).
Vehicles not to be used for other purposes
44. A carrier who carries material other than liquid waste in a vehicle that has
been used to carry liquid waste, except with the approval of the Executive Director,commits an offence.
Vehicles carrying liquid waste not to leave Schedule 1 area
45. A carrier who takes a vehicle carrying liquid waste collected in the area covered
by the local government districts specified in Schedule 1 outside that area, except withthe written permission of the Executive Director, commits an offence.
Executive Director may take samples
46. The Executive Director may take samples of liquid waste from licensed premises, the vehicle of a carrier or the premises of a disposal site operator.
Inspection, production of licences, records etc.
47. (1) A person required to hold a licence, certificate of registration or permit under these regulations who, when required to do so by the Executive Director, fails to
produce for inspection the licence, certificate of registration or permit commits an offence. (2) For the purposes of performing his or her functions under these regulations, the Executive Director —
(a) may demand the production of, inspect, make copies of, or take extracts from, any record; (b) may, by notice in writing, require any person to furnish to the Executive Director, within such reasonable time as is specified in the notice, such evidence, information, or records in the person's custody or control, as is specified in the notice. (3) The Executive Director may require the evidence or information referred to in subregulation (2) (b) to be furnished in an affidavit or by statutory declaration.
(4) A person who fails to comply with a demand or requirement under subregulation (2) or (3) commits an offence.
10 December 1993] GOVERNMENT GAZETTE, WA 6645 15
(5) In this regulation "record" means any thing or process —
(a) upon or by which information is recorded or stored; or (b) by means of which a meaning can be conveyed by any means in a visible or recoverable form,
whether or not the use or assistance of some electronic, electrical, mechanical, chemical or other device or process is required to recover or convey the information or meaning.
Statements to be correct
A person who makes a false or misleading statement or provides incorrect
information —
(a)
in an application, a record or any other document used under these regulations; or
(b)
otherwise in any dealing with the Executive Director for the purposes of these regulations,
commits an offence.
Appeals
49. (1) A person who is aggrieved by a decision of the Executive Director under regulation 7 (2), 8 (1), 11 or 17 may within one month after the day on which the person is notified of the decision appeal against that decision by serving on the Commissioner a statement in writing of the grounds of the appeal.
On receiving a statement served under subregulation (1), the Commissioner
may modify or set aside or refuse to modify or set aside the decision against which the
appeal has been made.
(2)
(3)
The Commissioner may, before exercising the power conferred by subregulation (2), require the person referred to in subregulation (1) to furnish the Commissioner with such information in addition to that contained in the statement served under subregulation (1) as the Commissioner thinks desirable to enable the Commissioner to consider the appeal.
| A decision of the Commissioner made under subregulation (2) is conclusive and binding on all parties to the appeal concerned. |
| Penalties |
(4)
| 50. (1) | A person who commits an offence under a provision of these regulations |
specified in the Table to this subregulation is liable to —
(a) a penalty which is not more than $1 000 and not less than —
(i) $100 for a first offence;
(ii) $200 for a second offence; and
(iii) $500 for a third or subsequent offence; and
| (b) | if the offence is a continuing offence, a daily penalty which is not more than $100 and not less than $50. |
6646 GOVERNMENT GAZETTE, WA [10 December 1993
16
TABLE
Regulations 12 (2), 13 (1), 14 (2), 15, 16 (3), 20, 22 (2), 23 (1), 28, 29 (3), 33 (1), 35, 36
(4), (5) and (6), 37 (1) and (2), 39 (2), 42 (2), 44.(2) Nothing in subregulation (1) affects the application of section 361 of the Act in relation to offences under these regulations not specified in the table to that subregulation.
| 10 December 1993] GOVERNMENT GAZETTE, WA | 6647 |
17
PART 5— REPEAL, SAVINGS AND TRANSITIONAL
Repeal of former regulations
The Health (Licensing of Liquid Waste) Regulations 1987* are repealed.
[* Published in Gazette of 11 December 1987 at p.3030-2.
For amendments to 12 August 1993 see 1992 Index to Legislation of
Western Australia, Table 4, p.1231
Savings and transitional
52. Schedule 5 has effect with respect to savings and transitional arrangements.
6648 GOVERNMENT GAZETTE, WA [10 December 1993
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SCHEDULE 1
(Regulation 4)
AREA OF APPLICATION OF THE REGULATIONS
Cities Towns Shires
Armadale Bassendean Kalamunda Bayswater Claremont Mundaring Belmont
Cottesloe Peppermint Grove Canning
East Fremantle Swan Cockburn
Kwinana Serpentine-Jarrahdale Fremantle Mosman Park Gosnells Melville Nedlands
Perth
Rockingham
South Perth
Stirling
Subiaco
Warmeroo
| 10 December 1993] GOVERNMENT GAZETTE, WA | 6649 |
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SCHEDULE 2
[Regulation 2]
LIQUID WASTE
| Category Number Waste Containing | Examples |
1. Animal waste Chicken processing waste,
milk waste, tallow2. Waste from an apparatus for Septic tank waste, leach the treatment of sewage drains, french drains, soak
wells, holding tanks
3. Grease trap waste
4. and organic waste other than processing wastes, starch
Vegetable oils and derivatives Vegetable and fruit categories 1, 2 and 3
5. Paints and resins
6. Oils and emulsions
7. Solvents
8. Organic chemicals other than organic chemicals referred to in categories 5 to 7
9. Acids
10. Alkalis
11.
Neutral salts 12. Cyanide
13. Inorganic chemicals other than inorganic chemicals referred to in categories 9 to
6650 GOVERNMENT GAZETTE, WA [10 December 1993
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SCHEDULE 3
FEES
$
1. Application for grant or renewal of licence other than licence for
premises where liquid waste is held in an oil interceptor trap
(r. 6 (1), 10) 100 2. Application for grant or renewal of licence for premises where
liquid waste is held in an oil interceptor trap (r. 6 (1), 10) 50 3. Application for grant or renewal of transfer facility registration
(r. 6 (1), 10) 50 4.
Application for grant or renewal of vehicle registration (r. 6 (1), 10) 50 5.
Inspection of transfer facility (r. 24 (2)) 50 6.
Application for permit to remove liquid waste (r. 34 (1)) 30
| 10 December 1993] GOVERNMENT GAZETTE, WA | 6651 |
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SCHEDULE 4
[Regulation 36 (1)]
DISPOSAL SITES
1. Metropolitan Septage Treatment Plant
Waterworks Road
FoiTestdale.2. Industrial Liquid Waste Treatment Plant Forrestdale.
6652 GOVERNMENT GAZETTE, WA (10 December 1993
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SCHEDULE 5
[Regulation 521
TRANSITIONAL
Time allowed to license premises
1. A person who, immediately before the commencement of these regulations, was a
producer within the meaning of the repealed regulations may continue to cause or
permit the removal of liquid waste from the premises where it is produced withoutcomplying with regulation 13 until —
(a) 30 June next succeeding the commencement of these regulations; or (b)
under regulation 7 (2) the Executive Director refuses an application for a licence for the premises where the liquid waste is produced,
whichever happens first, and for the duration of that period the premises are to be
taken to be premises licensed under these regulations in respect of that liquid waste.
Time allowed to obtain identification plate for tank
2. A person who, immediately before the commencement of these regulations, stored
liquid waste in a collection tank on premises now required to be licensed under these
regulations may continue to do so without complying with regulation 15 until the
expiration of the period of 3 months after the commencement of these regulations and
for the duration of that period a carrier is not required to comply with regulation 36(5) and a driver is not required to comply with regulation 38 (1) (e).
Transporter's licence to continue to operate
3. A licence issued to a transporter under the repealed regulations and in force
immediately before the commencement of these regulations, on and after the
commencement of these regulations, has effect as if the licence were a licence issued toa carrier under these regulations.
Time allowed to obtain driver's registration
4. A person who, immediately before the commencement of these regulations, was adriver of a vehicle on which liquid waste is carried may continue as such a driver
without complying with regulation 20 until — (a)
the expiration of the period of 3 months after the commencement of these regulations; or
(b)
under regulation 7 (2) the Executive Director refuses an application to register the driver,
whichever happens first, and for the duration of that period the driver is to be taken
to be a driver registered under these regulations.
Time allowed to register transfer facility
5. A person who, immediately before the commencement of these regulations, used a
container as a transfer facility may continue to do so without complying withregulation 23 until —
(a)
the expiration of the period of 3 months after the commencement of these regulations; or
| 10 December 19931 GOVERNMENT GAZETTE, WA | 6653 |
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| (b) | under regulation 7 (2) the Executive Director refuses an application for registration of the transfer facility, |
whichever happens first, and for the duration of that period the transfer facility is to
be taken to be a transfer facility registered under these regulations.
Time allowed to register vehicle
6. A carrier who, immediately before the commencement of these regulations, used a
vehicle to carry liquid waste, may continue to do so without complying with regulation
28 until —
| (a) | the expiration of the period of 3 months after the commencement of these regulations; or |
| (b) | under regulation 7 (2) the Executive Director refuses an application for registration of the vehicle, |
whichever happens first, and for the duration of that period the vehicle is to be taken
to be a vehicle registered under these regulations.
Disposal site operator licence to continue to operate
7. A licence issued to a disposal site operator under the repealed regulations, on and
after the commencement of these regulations has effect as if it were a licence issued to
a disposal site operator under these regulations.
By His Excellency's Command,
M. C. WAUCHOPE,Clerk of the Council.
| 14213/12/93-1700 | By Authority: GARRY L. DUFFIELD, Government Printer |
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