Document ID: chunk:federal_register_of_legislation:F2012C00858:front:0:p7
Version: federal_register_of_legislation:F2012C00858
Segment Type: other
Provision Reference: 
Character Range: 16613–19699

1 and 2 Schedule B when transporting controlled waste;

  (iii) facility operator provides information described in part 3 Schedule B as required by participating States or Territories;

  (iv) agency, or facility delegated by an agency, in the participating State or Territory of destination issues, or refuses to issue, a consignment authorisation within 5 working days following the receipt of a completed application;

  (v) the agency or delegated facility should provide an explanation to the applicant of the reason for refusal of a consignment authorisation consistent with its obligations under relevant State or Territory legislation.

       Maintenance of records
 (h) Each participating State or Territory should ensure that records of the data generated by the tracking system in relation to requirements which are contained in Schedule B, are kept for a period of not less than 12 months.

 Furnishing of information to Council
 (i) In order to facilitate annual reporting on the implementation and effectiveness of the Measure, as required by section 23 of the Commonwealth Act and corresponding sections of the State and Territory NEPC Acts, the relevant agency of each participating State and Territory should provide collated summary information on the:

  (i) movement of controlled waste into each jurisdiction, indicating jurisdiction of origin, waste code and quantity of waste;

  (ii) level of discrepancies (eg non‑arrival of a consignment) as a percentage of total authorised controlled waste movements; and

  (iii) benefits arising from the implementation of the Measure.

14. Failure to provide information, or giving false or misleading information

 Council envisages that, where a producer, transporter or facility operator does not furnish information required to an agency of the relevant participating State or Territory or provides false or misleading information, enforcement action will be taken by that jurisdiction in accordance with the following:
 (a) the nature of the offence, including the intent of the offender and whether it is a repeat occurrence; and
 (b) the effectiveness in achieving the desired outcome.

15. Confidentiality

 Council envisages that all participating States or Territories shall respect commercial confidentiality of facility operators, transporters, and producers, and that for any claim for confidentiality the jurisdiction will endeavour to apply the following principles:
 (a) that claims will only be considered if they involve either commercially sensitive information or issues of national security;
 (b) that the onus of substantiating a claim for confidentiality will rest with the producer, transporter or facility operator;
 (c) claims for confidentiality will be assessed:

  (i) by the Commonwealth on the ground of national security, within the legislative framework existing in the Commonwealth at the time, including the Freedom of Information Act 1982 where applicable; and
 (ii) by the appropriate participating State or Territory on the ground of commercial sensitivity, in accordance with the