Protection of the Environment Operations (Waste) Regulation 2005
Historical version for 1 July 2010 to 2 March 2011 (accessed 22 May 2013 at 13:32) Current version
Part 2Clause 15

15   Weighbridges

(1)  Subject to subclause (3), the occupier of a waste facility who is required to pay contributions under section 88 of the Act must:
(a)  if the waste facility receives over 20,000 tonnes of waste (other than liquid waste) per year, ensure that there is an approved weighbridge installed at the waste facility, and
(b)  on and from 1 September 2006 until 30 June 2011, if the waste facility receives over 10,000 tonnes of waste (other than liquid waste) in any year, ensure that there is an approved weighbridge installed at the waste facility, and
(c)  on and from 1 July 2011, if the waste facility receives over 5,000 tonnes of waste (other than liquid waste) in any year, ensure that there is an approved weighbridge installed at the waste facility.

Maximum penalty: 200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.

(2)  Subject to subclause (3), the occupier of a waste facility on which any such weighbridge is installed must:
(a)  submit to the EPA, within 30 days after installing the weighbridge, a plan of the waste facility indicating the proposed vehicle flow controls (including the entry and exit points where waste is transported into and out of the waste facility), and
(b)  if any change occurs in relation to those vehicle flow controls, submit a revised plan to the EPA no later than 30 days after the relevant change occurs, and
(c)  ensure that each vehicle (not being a motor car or a car trailer) transporting waste into or out of the waste facility uses the weighbridge so that the quantity of waste being transported is correctly recorded, and
(d)  ensure that any such weighbridge is maintained in proper working order, and
(e)  ensure that any such weighbridge is certified at least once a year in accordance with the National Measurement Act 1960 of the Commonwealth, and
(f)  keep a copy of the latest vehicle flow control plan, and the latest weighbridge certificate as referred to in paragraph (e), on the premises and make the plan and the certificate available for inspection by an authorised officer on request, and
(g)  notify the EPA of any incident that results in the weighbridge being out of operation for any period of more than 7 days, and
(h)  ensure that an approved alternative method of recording the quantity of waste that is transported into or out of the waste facility is used during any period that the weighbridge is out of operation, and
(i)  comply with any other requirement relating to the installation or operation of the weighbridge as the EPA may specify by notice in writing.

Maximum penalty: 200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.

(3)  The EPA may, by notice in writing given to the occupier of a waste facility:
(a)  exempt the occupier from any requirement under subclause (1) or (2) until such time as the EPA decides to revoke the exemption by further written notice given to the occupier, or
(b)  defer the application of any such requirement in respect of the occupier until such time as is specified in the notice.
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