10   Certain types of waste exempted from calculation of contributions

(1)  The following types of waste received at a scheduled waste facility are exempted from the calculation of the contribution payable for each tonne of waste received at the waste facility:

(a)  trackable liquid waste that does not have any of the characteristics set out in Part 3 of Schedule 1,

(a1), (b)  (Repealed)

(c)  any spoil generated by dredging activities,

(d)  any waste collected in accordance with a community service or activity, or arising from a biological outbreak or natural disaster, and that has been approved in writing for the purposes of this clause.

(e)  (Repealed)

(2)  If the occupier of a scheduled waste facility claims an exemption in respect of any type of waste referred to in subclause (1), the occupier must record the following details:

(a)  the date on which the waste was received at the waste facility,

(b)  the type and amount of waste received at the waste facility,

(c)  particulars of the community service, activity, biological outbreak or natural disaster (if any) in respect of which the waste has been collected, including the date and number of the approval,

(d)  if the waste remains at the waste facility:

(i)  particulars of what has happened to the waste (for example, whether it has been used for a specific purpose at the waste facility or whether it has been disposed of, treated, or recovered, recycled or processed at the waste facility), and

(ii)  particulars of the type of any such recovering, recycling or processing, and

(iii)  the date on which the waste was so used, disposed of, treated or recovered, recycled or processed, and

(iv)  the amount and type of waste concerned,

(e)  if the waste is transported to other premises:

(i)  the name and address of the other premises, and

(ii)  if the waste is transported to a processing or recycling facility—the type of processing or recycling waste facility concerned, and

(iii)  the date of transportation, and

(iv)  the amount and type of waste transported.

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

(3)  The occupier of a scheduled waste facility who claims an exemption in respect of any type of waste referred to in subclause (1) must:

(a)  ensure that the records required to be made under subclause (2) are accurate and are retained for a period of at least 3 years from the date on which the exemption is claimed, and

(b)  make any such record available for inspection by an authorised officer on request.

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

(4)  Despite subclause (1), waste is not exempt from the calculation of the contribution payable by the occupier of a scheduled waste facility if the occupier fails to comply with any requirement under subclause (2) or (3) with respect to the waste.