Queensland Consolidated Acts

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WASTE REDUCTION AND RECYCLING ACT 2011


TABLE OF PROVISIONS

           Long Title

           Contents

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

   7.      Definitions

           Division 2--Key concepts and definitions

   8.      The concept of disposal
   8A.     Meaning of waste disposal site
   9.      Meaning of waste and resource management hierarchy
   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

CHAPTER 3--OBLIGATIONS OF OPERATOR OF WASTE DISPOSAL SITE

           Part 1--Weighbridges

   43.     Weighbridge requirement provision
   44.     Measurement of waste by weighbridge

           Part 2--Waste data returns

   52.     Submission of waste data returns

CHAPTER 4--MANAGEMENT OF PRIORITY PRODUCTS AND PRIORITY WASTE

           Part 1--Preliminary

   74.     Purpose of chapter
   74A.    Definitions for ch 4

           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 4--Disposal bans

   100.    Application of this part
   101.    Prohibition on disposal of disposal ban waste
   102.    Considerations for prescribing waste as disposal ban waste

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

   114.    Application of State Penalties Enforcement Act 1999
   115.    Effect of passenger declaration
   116.    Service of infringement notice for vehicle littering or illegal dumping offence
   117.    Chief executive (transport) must disclose information

           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

           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

CHAPTER 7--REPORTING ABOUT WASTE MANAGEMENT

           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 by chief executive

   154.    Annual report on waste disposal and recycling

CHAPTER 8--APPROVAL OF RESOURCE FOR BENEFICIAL USE

           Part 1--Preliminary

   155.    Definitions for ch 8

           Part 2--Chief executive may approve resource

   156.    Approval of resource

           Part 3--Specific approvals

           Division 1--Applications for specific approval of a resource

   157.    Application
   158.    Chief executive may require additional information

           Division 2--Deciding applications

   159.    Deciding application
   160.    Criteria for decision
   161.    Grant of application
   162.    Refusal of application

           Part 4--General approvals

   163.    Chief executive may grant general approval
   164.    Criteria for decision
   165.    Procedure for granting general approval

           Part 5--Conditions of approvals

   166.    Conditions of approval
   167.    Failure to comply with condition of approval

           Part 6--Transfer, amendment, cancellation or suspension of approvals

           Division 1--Applications for transfer or amendment of specific approvals

   168.    Application for transfer of benefit or amendment of specific approval
   169.    Chief executive may require additional information

           Division 2--Other amendment, and cancellation and suspension, of approvals

   170.    Amendment of approval
   171.    Cancellation or suspension of an approval
   172.    Procedure for amending, cancelling or suspending an approval
   173.    Register

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
   180.    Who may apply for external review

CHAPTER 10--AUTHORISED PERSONS

           Part 1--Preliminary

   181.    Definitions for ch 10

           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

   231.    Disposal order

           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

   245.    Definitions for ch 11

           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

   252.    Definitions for ch 12

           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

   255.    Who may conduct waste audit
   256.    Declarations to accompany waste report
   257.    Costs of waste audit and report

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
   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

   301A.   Definitions for ch 15A

           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--REPEAL AND AMENDMENT OF OTHER LEGISLATION

           Part 1--Repeal

   302.    Repeal
           SCHEDULE -- DICTIONARY
           Endnotes


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