WASTE REDUCTION AND RECYCLING ACT 2011 - SECT 139 Identification of planning entity and of what is relevant waste for a planning entity

WASTE REDUCTION AND RECYCLING ACT 2011 - SECT 139

139 Identification of planning entity and of what is relevant waste for a planning entity

(1) An entity is a
"planning entity" if—

(a) the chief executive has identified the entity as a planning entity; and

(b) the chief executive has given the entity an information notice for the decision to identify the entity as a planning entity; and

(c) any period for the internal or external review of the decision, including any period of appeal, has expired.

(2) Also, an entity is a
"planning entity" if the entity is part of a sector of entities (a
"sector of planning entities" ) prescribed under a regulation.

(3) Despite subsection (2) , the chief executive is not stopped from identifying an entity as a planning entity and giving it an information notice under subsection (1) on the basis that the entity is part of a sector of planning entities.

(4) The chief executive may identify an entity as a planning entity only on the basis of 1 or more of the following, having regard to the entity’s activities—

(a) the total waste generated by the entity in carrying on its activities is more than the threshold prescribed under a regulation;

(b) the entity is a planning entity under subsection (2) ;

(c) waste generated by the entity in carrying on its activities is or includes waste that is a priority product prescribed under a regulation as a priority product to which this paragraph applies;

(d) waste generated by the entity in carrying on its activities is or includes waste that is regulated waste prescribed under a regulation as regulated waste to which this paragraph applies.

(5) If an entity is identified as a planning entity on the basis of subsection (4) (a) , all waste generated by the entity is
"relevant waste" for the entity, regardless of whether the entity is also a planning entity on any other basis under this section.

(6) If subsection (5) does not apply to a planning entity, the following waste is
"relevant waste" for the entity—

(a) if the entity is a planning entity on the basis of being part of a sector of planning entities—sector waste for the sector of planning entities;

(b) if the entity is identified as a planning entity on the basis of subsection (4) (c) —the priority product prescribed under subsection (4) (c) ;

(c) if the entity is identified as a planning entity on the basis of subsection (4) (d) —the regulated waste prescribed under subsection (4) (d) .

(7) For subsection (6) , it does not matter if particular waste generated by an entity is relevant waste for the entity under more than 1 paragraph of the subsection.

(8) An entity that, apart from this subsection, could be identified as a planning entity in relation to a priority product on the basis of subsection (4) (c) , can not be identified as a planning entity in relation to the product if the entity—

(a) is a participant in an accredited product stewardship scheme or approved program applying to the product; and

(b) is meeting its obligations under the scheme or program in relation to the priority product.

(9) In this section—


"sector waste" , for a sector of planning entities, means waste of the type ordinarily generated by the sector of planning entities or as identified, in the regulation prescribing the sector of planning entities, as waste ordinarily generated by the sector.