Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) This section applies if—
(a) waste must be quantified—
(i) for a fee payable under the Act; or
(ii) by the waste manager for the purpose of verifying information in a waste activity report given to the waste manager in accordance with the Act
, section 65; and
(b) records relating to the waste are inadequate for quantifying the waste; and
(c) the waste manager decides that, because of the inadequate records, quantifying the waste must be based on presumptions or estimates of any of the following:
(i) whether waste was collected or received at a waste facility;
(ii) when waste was collected or received;
(iii) the source of waste that was collected or received;
(iv) the amount of waste collected or received.
(2) Without limiting subsection (1) (b), records relating to waste are inadequate if—
(a) no records exist for the waste; or
(b) records for the waste are incomplete, inaccurate or inconsistent with other records (whether kept by a waste management business or another entity); or
(c) information contained in the records for the waste has been obtained in a way that the waste manager considers inappropriate.
(3) The waste manager may presume the following, unless the contrary is proven by a waste management business:
(a) waste presently or previously at a waste facility is waste that was received at the facility in the course of business;
(b) waste was collected by a waste transporter, or received by a waste facility, on the day the waste manager decides that records about collecting or receiving the waste are inadequate.
(4) The waste manager may estimate the number of tonnes of waste transported by a waste transporter, or received by a waste facility, using any of the following:
(a) a volumetric survey of the waste carried out by a registered surveyor;
(b) records of a waste management business;
(c) information provided by an authorised person who has seen or inspected a place or thing;
(d) records of entities not involved in the operation of a waste management business;
(e) any other information available to the waste manager.
(5) If the waste manager wishes to use information from a volumetric survey of waste at a waste facility, the waste manager may direct the licensee to do any of the following:
(a) arrange for a registered surveyor to carry out a volumetric survey of specified waste at the facility;
(b) provide a copy of the surveyor's report of the survey to the waste manager;
(c) comply with any other condition reasonably related to carrying out the survey.
Note The waste manager may direct a licensee to comply with a condition of a licence. A licensee commits an offence if the licensee fails to comply with the direction (see Act
, div 13.1).
(6) If the waste manager needs to rely on a volumetric survey to estimate the number of tonnes of waste collected by a waste transporter or received by a waste facility, the waste manager must either—
(a) take each 2 cubic metres of waste to weigh 1 tonne of waste; or
(b) if the waste manager is satisfied that another practicable method estimates the number of tonnes more accurately than a volumetric survey—apply the other method.
(7) This section applies whether the waste to be quantified was collected by a waste transporter, or received by a waste facility, before, on or after the commencement of this section.
(8) In this section:
"waste activity report"—see the Act
, section 65.