WASTE REDUCTION AND RECYCLING ACT 2011 - SECT 128
Chief executive may prepare waste reduction and recycling plan
WASTE REDUCTION AND RECYCLING ACT 2011 - SECT 128
Chief executive may prepare waste reduction and recycling plan
128 Chief executive may prepare waste reduction and recycling plan
(1) This section applies if, in contravention of a local government’s waste
reduction and recycling plan obligation, the local government does not have in
place a waste reduction and recycling plan addressing an aspect of waste
reduction and recycling relevant to the local government.
(2) The chief
executive may prepare a waste reduction and recycling plan for the local
government to address the aspect.
(3) Before preparing the plan, the chief
executive must give notice to the local government stating the following—
(a) the chief executive’s intention to prepare the plan;
(b) the reasons
why it is necessary for the plan to be prepared;
(c) that the local
government may make a written submission to the chief executive about the
chief executive’s intention to prepare the plan;
(d) that the submission
must be received by the chief executive within 28 days after the local
government receives the notice (the
"submission period" ).
(4) The local government’s written submission may
include details of actions the local government intends to take to ensure it
complies with its waste reduction and recycling plan obligation.
(5) If after
the submission period ends, and the consideration of any submissions, the
chief executive still proposes to prepare the plan, the chief executive must
give the local government an information notice for the chief executive’s
decision to prepare the plan.
(6) The chief executive must prepare and adopt
the plan, to the greatest practicable extent, as if it were the local
government.
Example—
The chief executive must consult on, and publicise,
the plan to the same extent the local government would have been required to
consult and publicise.
(7) The plan, as prepared and adopted by the chief
executive, has effect as, and may be taken to be, a waste reduction and
recycling plan prepared and adopted by the local government, and must be
implemented by the local government in accordance with its terms.
(8) The
local government must reimburse the chief executive for all costs, charges and
expenses reasonably incurred by the chief executive in acting under this
section.
(9) An amount owing under subsection (8) may be recovered by the
chief executive from the local government as a debt payable by the local
government to the State, and may at the chief executive’s discretion be
retained from any amount otherwise payable by the State to the local
government for any reason.