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WASTE REDUCTION AND RECYCLING ACT 2011 - As at 1 February 2024 - Act 31 of 2011

- As at 1 February 2024 - Act 31 of 2011

Table of Provisions

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

  • 1 Short title
  • 2 Commencement

PART 2 - OBJECTS, APPLICABLE PRINCIPLES AND APPLICATION OF ACT

  • 3 Objects of Act
  • 4 Achieving Act’s objects
  • 5 Approach to achieving Act’s objects
  • 6 Act binds all persons

PART 3 - INTERPRETATION

Division 1 - Dictionary

Division 2 - Key concepts and definitions

  • 8 The concept of disposal
  • 8AA Meaning of waste
  • 8A Meaning of waste disposal site
  • 9 Meaning of waste and resource management hierarchy
  • 9A Meaning of circular economy principle and circular economy
  • 10 Meaning of polluter pays principle
  • 11 Meaning of user pays principle
  • 12 Meaning of proximity principle
  • 13 Meaning of product stewardship principle

CHAPTER 2 - WASTE MANAGEMENT STRATEGY

PART 1 - INTRODUCTION

  • 14 Waste management strategy
  • 15 What may be included in State’s waste management strategy

PART 2 - DRAFT WASTE MANAGEMENT STRATEGY

  • 16 Preparation of draft strategy

PART 3 - MAKING OF WASTE MANAGEMENT STRATEGY

  • 17 Submissions to be considered when preparing final strategy
  • 18 Approval of final strategy
  • 19 Minor amendment of waste management strategy

PART 4 - REVIEW AND PROGRESS REPORTING

  • 20 Review of State’s waste management strategy
  • 21 Preparation of draft review report on waste management strategy
  • 22 Publication of review report and amending or replacement waste management strategy
  • 23. (Repealed) 24. (Repealed)

CHAPTER 3 - WASTE LEVY

PART 1 - PRELIMINARY

PART 2 - IDENTIFYING EXEMPT WASTE

Division 1 - Declaring limits for disaster management waste

  • 27 Chief executive may declare limits for disaster management waste

Division 1A - Serious local event waste

  • 27A Notifying chief executive that waste is serious local event waste in particular circumstances
  • 27B Chief executive may declare limits for serious local event waste

Division 2 - Approval of waste as exempt waste

  • 28 Application for approval of waste as exempt waste
  • 29 Chief executive may require additional information or documents
  • 30 Deciding application
  • 31 Grant of application
  • 32 Refusal of application
  • 33 Amendment of approval by agreement
  • 34 Cancellation or amendment of approval by chief executive

Division 3 - Declaring waste to be exempt waste

  • 35 Chief executive may declare waste to be exempt waste in exceptional circumstances

PART 3 - OPERATION OF WASTE LEVY

  • 36 Imposition of waste levy
  • 37 Calculating waste levy amount
  • 38 Offence to remove waste from levyable waste disposal site in particular circumstances
  • 39 When residue waste taken to be generated outside the non-levy zone
  • 40 Mixing waste generated outside non-levy zone with waste generated in the non-levy zone
  • 41 Mixing types of waste that attract different rates of waste levy
  • 42 Mixing types of waste that attract same rate of waste levy
  • 43 Regulation identifying waste levy zone

PART 4 - DISCOUNTING WASTE LEVY FOR RESIDUE WASTE

  • 44 Application for discounted rate for waste levy for residue waste
  • 45 Chief executive may require additional information or documents
  • 46 Deciding application
  • 47 Grant of application
  • 48 Refusal of application
  • 49 Amendment of approval by agreement
  • 50 Cancellation or amendment of approval by chief executive
  • 51 Automatic cancellation of approval

PART 5 - OBLIGATIONS RELATING TO WASTE LEVY

Division 1 - Obligations of person delivering waste

  • 52 Persons delivering waste
  • 53 Person delivering waste to waste disposal site to give information
  • 54 Person delivering particular waste to give information
  • 55 Giving false or misleading information when delivering waste

Division 2 - Obligations of operators of waste disposal sites

Subdivision 1 - Remitting waste levy
  • 56 Remitting waste levy amount to the State
  • Subdivision 2 - Weighbridges
  • 57 Weighbridge required
  • 58 Weighbridge requirements
  • Subdivision 3 - Measurement of waste
  • 59 When waste or other material must be measured
  • 60 Measurement of waste by weighbridge
  • 61 Measurement of waste other than by weighbridge
  • Subdivision 4 - Monitoring system
  • 62 What is a monitoring system
  • 63 When monitoring system may be required by chief executive
  • 64 Requirements for monitoring system
  • 65 Requirements if monitoring system stops operating
  • 66 Operators required to give chief executive plan for monitoring system
  • Subdivision 5 - Volumetric surveys
  • 67 Volumetric survey for levyable waste disposal site in waste levy zone
  • 68 Volumetric survey for levyable waste disposal site in non-levy zone in particular circumstances
  • 69 Volumetric survey for new landfill cells
  • 70 Requirements for volumetric surveys
  • 71 Failure to carry out volumetric survey or give chief executive the results
  • Subdivision 6 - Waste data returns
  • 72 Submission of waste data returns
  • Subdivision 7 - Record keeping
  • 72A Operator of levyable waste disposal site to keep particular documents

Division 3 - Payment options

Subdivision 1 - Waste levy instalment agreements
  • 72B Waste levy instalment agreement
  • 72C Application for waste levy instalment agreement
  • 72D Amendment of waste levy instalment agreement
  • 72E Interest affected by waste levy instalment agreement
  • 72F Failure to pay an instalment under waste levy instalment agreement
  • Subdivision 2 - Extension of time
  • 72G Application for extension of time to pay waste levy amount
  • 72H Application for extension of time to submit waste data return and pay waste levy amount
  • 72I Public notice granting extension of time to submit waste data return and pay waste levy amount
  • Subdivision 3 - Chief executive’s estimation of waste levy amount
  • 72J Estimation of waste levy amount payable by operator of levyable waste disposal site
  • Subdivision 4 - Bad debt credit
  • 72K Eligibility for bad debt credit after insolvency or bankruptcy of customer
  • 72L Application for bad debt credit
  • 72M Chief executive may require additional information or documents
  • 72N Deciding application
  • 72O Grant of application
  • 72P Refusal of application
  • 72Q Payment of bad debt credit

PART 6 - RESOURCE RECOVERY AREA

Division 1 - Declaration of resource recovery area

  • 72R Resource recovery area
  • 72S Declaration of resource recovery area
  • 72T Effect of declaration of resource recovery area
  • 72U Amendment of resource recovery area by operator
  • 72V Cancellation of resource recovery area by operator
  • 72VA Amendment or suspension of resource recovery area by chief executive
  • 72W Revocation of resource recovery area by chief executive

Division 2 - Obligations relating to resource recovery area

  • 72X Requirement to keep documents
  • 72Y Volumetric survey for resource recovery area in waste levy zone
  • 72Z Volumetric survey for resource recovery area in non-levy zone
  • 73 Volumetric survey carried out by chief executive
  • 73A Obligations of entity responsible for operation of resource recovery area
  • 73B False claims about resource recovery area
  • 73C Changes affecting resource recovery area requiring notification

PART 7 - PAYMENTS TO LOCAL GOVERNMENTS

  • 73D Definitions for part
  • 73DA Annual payments to local governments
  • 73DB Additional payments to local governments
  • 73DC Use of relevant payments
  • 73DD Rate notice to include statement about relevant payments
  • 73DE Local government must not distribute misinformation

PART 8 - REVIEW OF EFFICACY OF WASTE LEVY

CHAPTER 4 - MANAGEMENT OF PRIORITY PRODUCTS AND PRIORITY WASTE

PART 1 - PRELIMINARY

PART 2 - PRIORITY PRODUCTS AND PRIORITY WASTE

  • 75 Preparation and notification of draft priority statement
  • 76 Requirements for draft priority statement
  • 77 Criteria for a priority product or priority waste
  • 78 Inclusion of invitation for voluntary product stewardship scheme
  • 79 Finalisation of priority statement
  • 80 Approval of final priority statement
  • 81 Minor amendment of priority statement
  • 82 Review of priority statement

PART 3 - PRODUCT STEWARDSHIP SCHEMES

Division 1 - Product stewardship schemes generally

  • 83 What is a product stewardship scheme
  • 84 What is a voluntary product stewardship scheme
  • 85 What is a regulated product stewardship scheme
  • 86 What is an approved program
  • 87 When is a product stewardship scheme in force for a product
  • 88 Accredited product stewardship scheme does not override laws

Division 2 - Accreditation of voluntary product stewardship schemes

  • 89 Application for accreditation
  • 90 Requirements for accreditation
  • 91 Accreditation
  • 92 Inquiry about application
  • 93 Deciding application
  • 94 Register of accredited schemes
  • 95 Amendment of accredited product stewardship scheme
  • 96 Expiry of accredited product stewardship scheme
  • 97 Revocation of accreditation

Division 3 - Product stewardship schemes by regulation

  • 98 Regulation about product stewardship

Division 4 - Monitoring of schemes

  • 99 Monitoring of particular product stewardship scheme

PART 3A - BANNED PLASTIC SHOPPING BAGS

  • 99A Objects of part
  • 99B Meaning of banned plastic shopping bag and alternative shopping bag
  • 99C Meaning of retailer
  • 99D Retailer not to give banned plastic shopping bag
  • 99E Giving false or misleading information about banned plastic shopping bag
  • 99F Retailer may charge for alternative shopping bag
  • 99G Review of part

PART 3AA - PLASTIC ITEMS

Division 1 - Preliminary

Division 2 - Banned single-use plastic items

  • 99GD Restriction on sale of banned single-use plastic items
  • 99GE Giving false or misleading information about banned single-use plastic items

Division 3 - Compostable plastic items

  • 99GF Stating conditions under which plastic items are compostable
  • 99GG Certification to chief executive about whether or not plastic items are compostable
  • 99GH Giving false or misleading information about whether or not plastic items are compostable

Division 4 - Review

  • 99GI Review of part

PART 3AB - LIGHTER-THAN-AIR BALLOONS

  • 99GJ Release of lighter-than-air balloons

PART 3B - BEVERAGE CONTAINER REFUND SCHEME

Division 1 - Introduction

Subdivision 1 - Preliminary
  • 99H Objects of part
  • 99I How objects are to be achieved
  • 99J Functions of Product Responsibility Organisation
  • Subdivision 2 - Definitions
  • 99K Definitions for part
  • 99L Meaning of beverage
  • 99M Meaning of container
  • 99N Meaning of beverage product and type of container
  • 99O Meaning of manufacturer

Division 2 - Sale of beverages in containers

  • 99P Restriction on manufacturer selling beverage product
  • 99Q Container recovery agreement
  • 99R Limits on amounts paid by small beverage manufacturers under container recovery agreements

Division 3 - Refund amounts for empty containers and container refund points

Subdivision 1 - Claiming refund amounts for empty containers
  • 99S Claiming refund amount from container refund point
  • 99T Refund declaration and proof of identity
  • 99U Claiming refund amount from reverse vending machine
  • 99V Ways refund amount may be paid
  • 99W When refund amount must not be claimed
  • Subdivision 2 - Other obligations of container refund point operators
  • 99X Obligations of operator of reverse vending machine
  • 99Y Container refund point operator must keep refund declarations
  • Subdivision 3 - Container refund points
  • 99Z Container collection agreement required to operate container refund point
  • 99ZA Container collection agreement
  • 99ZB Operator of container refund point may claim payment for containers collected
  • 99ZC When container refund point operator must not claim payment
  • 99ZD Operator must ensure containers sent for recycling

Division 4 - Recovery amounts for empty containers recycled by material recovery facilities

  • 99ZE Meaning of material recovery facility
  • 99ZF Material recovery agreement
  • 99ZG Meaning of recovery amount
  • 99ZH Operator of material recovery facility may claim recovery amounts
  • 99ZI When material recovery facility operator must not claim recovery amount
  • 99ZJ Operator must not allow containers to become landfill
  • 99ZK Recovery amount protocol
  • 99ZL Operator of material recovery facility must comply with protocol

Division 5 - Approved containers for beverage products

Subdivision 1 - Register of approved containers
  • 99ZM Organisation must establish and keep register
  • Subdivision 2 - Applying for container approval
  • 99ZN Application
  • 99ZO Particular matters for deciding application
  • 99ZP Notice of container approval
  • 99ZQ Conditions of container approval
  • 99ZR Container approval continues in force
  • 99ZS Applying to amend container approval
  • 99ZT Deciding amendment application
  • 99ZU Applying to transfer container approval
  • 99ZV Grounds for suspending or cancelling container approval

Division 6 - Miscellaneous

  • 99ZW Inconsistent provision has no effect
  • 99ZX Disposal of containers to landfill
  • 99ZY Extraordinary circumstances exemption
  • 99ZZ Authorisations for competition legislation

PART 4 - DISPOSAL BANS

PART 5 - PRODUCT RESPONSIBILITY ORGANISATION

Division 1 - Appointment and powers

  • 102A Appointment
  • 102B Meaning of eligible company
  • 102C Powers

Division 2 - Application for appointment

Subdivision 1 - Application
  • 102D Minister may invite application for appointment
  • 102E Application
  • 102F Requirements for application
  • 102G Referral of application to chief executive for assessment
  • 102H Withdrawing or amending application
  • Subdivision 2 - Assessing application
  • 102I Chief executive assesses application
  • 102J Particular matters for assessing application
  • 102K Chief executive may require further information or documents
  • Subdivision 3 - Deciding application
  • 102L Minister decides application
  • 102M Decision to make appointment
  • 102N Refusal of application
  • Subdivision 4 - General
  • 102O Appointment continues in force

Division 3 - Application to amend appointment

  • 102P Applying to amend appointment
  • 102Q Assessing application
  • 102R Deciding amendment application
  • 102S Decision to amend appointment
  • 102T Refusal of application

Division 4 - Amendment, suspension, cancellation and appointment of administrator

Subdivision 1 - General
  • 102U Minister may amend appointment
  • 102V Grounds for suspending or cancelling appointment as Organisation
  • 102W Immediate suspension
  • Subdivision 2 - Process for taking proposed action
  • 102X Show cause notice
  • 102Y Decision about proposed amendment, suspension or cancellation
  • Subdivision 3 - Appointment of administrator
  • 102Z Appointment of administrator
  • 102ZA Powers
  • 102ZB Providing assistance
  • 102ZC Remuneration and costs
  • Subdivision 4 - Minor amendment
  • 102ZD Minor amendment

Division 5 - Accountability, planning and reporting

Subdivision 1 - Ministerial directions
  • 102ZE Ministerial directions
  • Subdivision 2 - Outcomes, budget and planning
  • 102ZF Regulation may prescribe outcomes to be achieved
  • 102ZG Annual budget, strategic plan and operational plan
  • 102ZH Approval of strategic plan
  • Subdivision 3 - Reporting
  • 102ZI Quarterly reports
  • 102ZJ Annual report
  • 102ZK Organisation must inform Minister
  • 102ZL Reporting to chief executive
  • Subdivision 4 - General
  • 102ZM Requirement to implement plans in application
  • 102ZN Status as eligible company
  • 102ZO Notice of particular events

Division 6 - Miscellaneous

  • 102ZP Delegation
  • 102ZQ Obtaining the criminal history of an individual
  • 102ZR Corporations Act displacement

CHAPTER 5 - OFFENCES RELATING TO LITTERING AND ILLEGAL DUMPING

PART 1 - BASIC LITTERING AND ILLEGAL DUMPING OFFENCES

  • 103 General littering provision
  • 104 Illegal dumping of waste provision

PART 2 - MATERIAL THAT MAY BECOME WASTE

  • 105 What is advertising material
  • 106 What is unsolicited advertising material for premises
  • 107 Unlawful delivery provision
  • 108 Secure delivery provision
  • 109 Placing document on or in motor vehicle or on building or other fixed structure
  • 110 Advice to chief executive about placing or attaching documents
  • 111 Advice to chief executive about delivering or distributing advertising material
  • 112 Avoiding accumulations of waste

PART 3 - VEHICLE LITTERING OR ILLEGAL DUMPING OFFENCES

Division 1 - Preliminary

  • 113 Application of pt 3

Division 2 - Applying State Penalties Enforcement Act 1999

Division 3 - Public reporting of vehicle littering or illegal dumping offences

  • 118 Facilitating enforcement of vehicle littering or illegal dumping offence

CHAPTER 6 - STRATEGIC PLANNING FOR WASTE REDUCTION AND RECYCLING

PART 1 - PRELIMINARY

  • 119 Purpose of chapter
  • 120 Meaning of waste reduction and recycling plan

PART 2 - LOCAL GOVERNMENT STRATEGIC PLANNING FOR WASTE

Division 1 - Introduction

  • 121 Object of pt 2
  • 122 Local governments combining on a regional basis

Division 2 - Obligation of local government for waste reduction and recycling plans

  • 123 Local government’s waste reduction and recycling plan obligation
  • 124 Matters to be complied with in the preparation and adoption of a local government’s waste reduction and recycling plan
  • 125 Adoption of plan following consultation
  • 126 Review of plan
  • 127 Amendment of plan

Division 3 - Chief executive action to prepare waste reduction and recycling plan for local government

  • 128 Chief executive may prepare waste reduction and recycling plan
  • 129. (Repealed)

Division 4 - Requirements applying after adoption of waste reduction and recycling plan

  • 130 Inspection and availability for purchase of plan

PART 3 - STATE ENTITY STRATEGIC PLANNING FOR WASTE

Division 1 - Introduction

  • 131 Object of pt 3
  • 132 What is a State entity and who is its chief executive officer

Division 2 - Obligation of chief executive officer of State entity for waste reduction and recycling plan

  • 133 State entity’s waste reduction and recycling plan obligation
  • 134 Matters to be complied with in the preparation and adoption of a State entity’s waste reduction and recycling plan
  • 135 Inspection and availability for purchase of plan
  • 136 Review of plan
  • 137 Amendment of plan

PART 4 - PLANNING ENTITY STRATEGIC PLANNING FOR WASTE

Division 1 - Introduction

  • 138 Object of pt 4

Division 2 - Establishing status as planning entity

  • 139 Identification of planning entity and of what is relevant waste for a planning entity
  • 140 Notification of status as planning entity

Division 3 - Obligation of planning entity for waste reduction and recycling plan

  • 141 Planning entity’s waste reduction and recycling plan obligation
  • 142 Requirements for waste reduction and recycling plan
  • 143 Other matters that may be included in a waste reduction and recycling plan
  • 144 Additional requirements for a waste reduction and recycling plan for a sector of planning entities
  • 145 Amendment of waste reduction and recycling plan
  • 146. (Repealed)

CHAPTER 7 - REPORTING ABOUT WASTE MANAGEMENT AND WASTE DISPOSAL AND RECYCLING

PART 1 - REPORTING ON WASTE REDUCTION AND RECYCLING PLANS

  • 147 Local government reporting
  • 148 State entity reporting
  • 149 Planning entity reporting

PART 2 - REPORTING ON WASTE RECOVERY AND DISPOSAL

Division 1 - Establishing status as reporting entity

  • 150 Identification of reporting entity
  • 151 Notification of status as reporting entity

Division 2 - Reporting requirements

  • 152 Reporting entity obligation
  • 153 Requirements for report

PART 3 - REPORTING ON WASTE DISPOSAL AND RECYCLING

CHAPTER 8 - PROVISIONS FOR END OF WASTE

PART 1 - PRELIMINARY

  • 155 Purpose of chapter
  • 156 Definitions for ch 8
  • 157 Effect of operating under end of waste code if unregistered
  • 158 Compliance with end of waste code
  • 159 Chief executive may make end of waste codes and grant end of waste approvals

PART 2 - END OF WASTE CODES

Division 1 - Process for making end of waste codes

  • 159A Chief executive’s decision to make end of waste code
  • 159B Schedule of proposed end of waste codes
  • 160 Public notice inviting submissions about potential end of waste codes
  • 161 Consideration of submissions
  • 162 Preparation of end of waste code
  • 163 Matters to be considered in preparing end of waste code
  • 164 End of waste code prepared by technical advisory panel

Division 2 - Making end of waste codes

  • 165 Publication of draft end of waste code
  • 166 Notice of making end of waste code

Division 3 - Amendment, cancellation or suspension of end of waste codes

  • 167 Amendment of end of waste code
  • 168 Application for amendment of end of waste code
  • 169. (Repealed) 170. (Repealed)
  • 171 Cancellation or suspension of end of waste code
  • 172 Procedure for amending, cancelling or suspending end of waste code
  • 173 Publication and notification of amended end of waste code
  • 173A Minor amendment of end of waste code

Division 4 - Registration of end of waste resource producers

  • 173B Registration of end of waste resource producers
  • 173C Cancellation or suspension of registration
  • 173D Procedure for cancelling or suspending registration
  • 173E Particular circumstances when end of waste approval lapses
  • 173F Register of registered resource producers

Division 5 - Miscellaneous

  • 173G Technical advisory panels
  • 173H Chief executive may seek advice, comment or information about pt 2

PART 3 - END OF WASTE APPROVALS

  • 173I Application
  • 173J Particular matters for making decision
  • 173K Conditions of end of waste approval
  • 173L Extending end of waste approval
  • 173M Applying to amend end of waste approval
  • 173N Decision about amendment of end of waste approval
  • 173O Applying to transfer end of waste approval
  • 173P Grounds for suspending or cancelling end of waste approval
  • 173Q Chief executive may seek advice, comment or information

CHAPTER 8A - GENERAL PROVISIONS FOR APPROVALS

PART 1 - PRELIMINARY

  • 173R Application of chapter

PART 2 - APPLICATIONS

  • 173S Application
  • 173T Chief executive may require additional information or documents
  • 173U Deciding application
  • 173V General criteria for deciding application
  • 173W Granting application
  • 173X Conditions of approval
  • 173Y Refusal of application

PART 3 - AMENDMENT, SUSPENSION OR CANCELLATION

  • 173Z Amendment of approval
  • 173ZA Suspension or cancellation of approval
  • 173ZB Show cause notice
  • 173ZC Decision about proposed amendment, suspension or cancellation
  • 173ZD Minor amendment of approval

PART 4 - MISCELLANEOUS

  • 173ZE Surrender of approval
  • 173ZF Request for information about approval

CHAPTER 9 - REVIEWS

PART 1 - INTERNAL REVIEWS

  • 174 Internal review process
  • 175 Who may apply for internal review
  • 176 Requirements for making application
  • 177 Decision not stayed
  • 178 Internal review
  • 179 Notice of internal review decision

PART 2 - EXTERNAL REVIEWS BY QCAT

  • 180 Who may apply for external review

CHAPTER 10 - AUTHORISED PERSONS

PART 1 - PRELIMINARY

PART 2 - GENERAL MATTERS ABOUT AUTHORISED PERSONS

Division 1 - Functions

  • 182 Functions of authorised persons

Division 2 - Appointment

  • 183 Appointment and qualifications
  • 184 Appointment conditions and limit on powers
  • 185 When office ends
  • 186 Resignation

Division 3 - Identity cards

  • 187 Issue of identity card
  • 188 Production or display of identity card
  • 189 Return of identity card

Division 4 - Miscellaneous provisions

  • 190 References to exercise of powers
  • 191 Reference to document includes reference to reproductions from electronic document

PART 3 - ENTRY OF PLACES BY AUTHORISED PERSONS

Division 1 - Power to enter

  • 192 General power to enter places

Division 2 - Entry by consent

  • 193 Application of div 2
  • 194 Incidental entry to ask for access
  • 195 Matters authorised person must tell occupier
  • 196 Consent acknowledgement

Division 3 - Entry under warrant

Subdivision 1 - Obtaining warrant
  • 197 Application for warrant
  • 198 Issue of warrant
  • 199 Electronic application
  • 200 Additional procedure if electronic application
  • 201 Defect in relation to a warrant
  • Subdivision 2 - Entry procedure
  • 202 Procedure

Division 4 - Procedure for certain other entries

  • 203 Procedure

Division 5 - Entry of stationary vehicles by authorised persons

  • 204 Power to enter
  • 205 Procedure for entry

PART 4 - OTHER AUTHORISED PERSONS’ POWERS AND RELATED MATTERS

Division 1 - Stopping or moving vehicles

  • 206 Application of div 1
  • 207 Power to stop or move
  • 208 Identification requirements if vehicle moving
  • 209 Failure to comply with direction

Division 2 - General powers after entering places

  • 210 Application of div 2
  • 211 General powers
  • 212 Power to require reasonable help
  • 213 Offence to contravene help requirement

Division 3 - Seizure and forfeiture

Subdivision 1 - Power to seize
  • 214 Seizing evidence at a place that may be entered without consent or warrant
  • 215 Seizing evidence at a place that may be entered only with consent or warrant
  • 216 Seizure of property subject to security
  • Subdivision 2 - Powers to support seizure
  • 217 Requirement of person in control of thing to be seized
  • 218 Offence to contravene seizure requirement
  • 219 Power to secure seized thing
  • 220 Offence to contravene other seizure requirement
  • 221 Offence to interfere
  • Subdivision 3 - Safeguards for seized things
  • 222 Receipt and information notice for seized thing
  • 223 Access to seized thing
  • 224 Return of seized thing
  • Subdivision 4 - Forfeiture
  • 225 Forfeiture by chief executive
  • 226 Information notice for forfeiture decision
  • 227 Forfeiture on conviction
  • 228 Procedure and powers for making forfeiture order
  • Subdivision 5 - Dealing with property forfeited or transferred to State
  • 229 When thing becomes property of the State
  • 230 How property may be dealt with

Division 4 - Disposal orders

Division 5 - Other information-obtaining powers

  • 232 Power to require name and address
  • 233 Offence to contravene personal details requirement
  • 234 Power to require production of document
  • 235 Offence to contravene document production requirement
  • 236 Offence to contravene document certification requirement
  • 237 Power to require information
  • 238 Offence to contravene information requirement

PART 5 - MISCELLANEOUS PROVISIONS

Division 1 - Damage

  • 239 Duty to avoid inconvenience and minimise damage
  • 240 Notice of damage

Division 2 - Compensation

  • 241 Compensation

Division 3 - Other offences relating to authorised persons

  • 242 Giving authorised person false or misleading information
  • 243 Obstructing authorised person
  • 244 Impersonating authorised person

CHAPTER 11 - SHOW CAUSE NOTICES AND COMPLIANCE NOTICES

PART 1 - PRELIMINARY

PART 2 - SHOW CAUSE NOTICES

  • 246 Giving show cause notice
  • 247 General requirements of show cause notice

PART 3 - COMPLIANCE NOTICES

  • 248 Giving compliance notice
  • 249 Restriction on giving compliance notice
  • 250 General requirements of compliance notices
  • 251 Person must comply with notice

CHAPTER 12 - WASTE AUDITS

PART 1 - PRELIMINARY

PART 2 - CHIEF EXECUTIVE MAY REQUIRE CONDUCT OF WASTE AUDITS

  • 253 When waste audit required
  • 254 Recipient must comply with notice

PART 3 - OTHER PROVISIONS

CHAPTER 12A - LEGAL PROCEEDINGS

  • 257A Application of chapter
  • 257B Appointments and authority
  • 257C Signatures
  • 257D Evidentiary provisions

CHAPTER 13 - COURT ORDERS

  • 258 Court may make particular orders
  • 259 Court may order recovery of chief executive’s costs
  • 260 Chief executive may take action and recover costs
  • 261 Restraint of contraventions of Act etc.
  • 262 Power of court to make order pending determination of proceeding

CHAPTER 14 - MISCELLANEOUS

  • 263 Delegation by chief executive
  • 264 General duties about documents or records
  • 265 Giving chief executive false or misleading information
  • 265A Giving chief executive incomplete information
  • 266 Protection of officials from liability
  • 267 Summary proceedings for offences
  • 268 Executive officer may be taken to have committed offence
  • 269 Application of Acts to local governments
  • 270 Approval of forms
  • 271 Regulation-making power

CHAPTER 15 - TRANSITIONAL PROVISIONS FOR ACT NO. 31 OF 2011

PART 1 - TRANSITIONAL PROVISIONS RELATING TO APPROVALS UNDER THE ENVIRONMENTAL PROTECTION (WASTE MANAGEMENT) REGULATION 2000

  • 272 Interpretation for pt 1
  • 273 Matters relating to existing approvals
  • 274 Applications for approvals made before the commencement
  • 275 Reviews and appeals
  • 276 Offences

PART 2 - DISCOUNTED LEVY FOR RESIDUE WASTE DISPOSAL UNTIL 30 JUNE 2014

  • 277 Definition for pt 2
  • 278 Application for discounting of waste levy amount
  • 279 Chief executive may require additional information
  • 280 Deciding application
  • 281 Grant of application
  • 282 Refusal of application
  • 283 Cancellation of grant
  • 284 Procedure for cancelling grant of residue waste discounting application
  • 285 Automatic cancellation of grant

PART 3 - EXEMPTION FROM WASTE LEVY FOR RESIDUE WASTE UNTIL 30 JUNE 2014

  • 286 Definition for pt 3
  • 287 Application for approval of residue waste as exempt waste for transition period
  • 288 Chief executive may require additional information
  • 289 Deciding application
  • 290 Grant of application
  • 291 Refusal of application
  • 292 Cancellation of grant
  • 293 Procedure for cancelling grant of transition period exempt waste application
  • 294 Automatic cancellation of grant

PART 4 - GENERAL PROVISIONS

  • 295 Existing waste management strategy and business plan
  • 296 Volumetric survey of levyable waste disposal site before waste levy commencement
  • 297 Volumetric survey of resource recovery area before waste levy commencement
  • 298 Temporary relaxation from s 45(2) requirements for small site
  • 299 Offences against repealed littering provisions
  • 300 Existing strategic plans under repealed waste management policy
  • 301 Clinical and related waste management plan

CHAPTER 15A - VALIDATION AND TRANSITIONAL PROVISIONS FOR WASTE REDUCTION AND RECYCLING AND OTHER LEGISLATION AMENDMENT ACT 2013

PART 1 - PRELIMINARY

PART 2 - VALIDATION PROVISION

  • 301B Validation of repeal of waste levy on 1 July 2012

PART 3 - TRANSITIONAL PROVISIONS

  • 301C Operator of levyable waste disposal site to keep documents
  • 301D Estimation of waste levy amount payable
  • 301E Keeping of particular documents in relation to resource recovery areas
  • 301F Keeping of results of volumetric survey for resource recovery area
  • 301G Waste levy amounts and the Waste and Environment Fund
  • 301H Discounted levy and waste levy exemption
  • 301I Existing strategic plans under repealed waste management policy
  • 301J Clinical and related waste management plans

CHAPTER 16 - OTHER TRANSITIONAL PROVISIONS

PART 1 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2014

  • 302 Definitions for ch 16
  • 303 Existing general approvals
  • 304 Existing specific approvals
  • 305 Existing applications
  • 306 Existing show cause procedure

PART 2 - TRANSITIONAL PROVISIONS FOR WASTE REDUCTION AND RECYCLING AMENDMENT ACT 2017

  • 307 Retailer must offer alternative shopping bag during phase out period
  • 308 Transition period for displaying refund marking on beverage containers

PART 3 - TRANSITIONAL PROVISIONS FOR WASTE REDUCTION AND RECYCLING (WASTE LEVY) AMENDMENT ACT 2019

Division 1 - Exemption from waste levy for particular residue waste during transition period

  • 309 Definitions for division
  • 310 Application for approval of residue waste as exempt waste for transition period
  • 311 Chief executive may require additional information or documents
  • 312 Deciding application
  • 313 Grant of application
  • 314 Refusal of application
  • 315 Cancellation or amendment of approval by chief executive
  • 316 Automatic cancellation of approval

Division 2 - Exemption from weighbridge requirements for particular sites until 30 June 2029

  • 317 Application for exemption from s 57 until 30 June 2029
  • 318 Chief executive may require additional information or documents
  • 319 Deciding application
  • 320 Grant of application
  • 321 Refusal of application

Division 3 - Other matters

  • 322 Exemption from using weighbridge for stated period in stated circumstances
  • 323 Volumetric survey of levyable waste disposal site to be carried out within stated period
  • 324 Volumetric survey of resource recovery area to be carried out within stated period
  • 325 Temporary relaxation from s 59 measuring requirements for small site

PART 4 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2023

  • 326 Definitions for part
  • 327 Day that decision to amend end of waste code takes effect
  • 328 Decision-making and extension period for existing amendment applications
  • 329 Decision-making period for existing transfer application

PART 5 - TRANSITIONAL PROVISIONS FOR WASTE REDUCTION AND RECYCLING AND OTHER LEGISLATION AMENDMENT ACT 2023

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