WASTE REDUCTION AND RECYCLING ACT 2011 - SCHEDULE 1

WASTE REDUCTION AND RECYCLING ACT 2011 - SCHEDULE 1

SCHEDULE 1 – Dictionary

"accredited product stewardship scheme" see section 87 (2) .


"acid sulfate soil" means soil or sediment containing iron sulfides that produces sulphuric acid when exposed to air.


"active landfill cell" see section 26 .


"advertising material" see section 105 .


"alternative shopping bag" see section 99B (3) .


"amend" , an end of waste approval, for chapter 8 , see section 156 .


"amendment application" —

(a) for chapter 4 , part 5 —see section 102P (1) ; or

(b) for chapter 8 , part 3 —see section 173M (1) .

1
"Appropriately qualified" , for an entity to whom a power under this Act may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power.

Example of standing—

a person’s classification level in the public service

2 If the power may be subdelegated by a local government, the following are
"appropriately qualified" entities for the subdelegation—

(a) the local government’s mayor;

(b) a standing committee or a chairperson of a standing committee of the local government;

(c) the local government’s chief executive officer;

(d) an employee of the local government, having the qualifications, experience or standing appropriate to exercise the power.

Example of standing for paragraph (d)—

the employee’s classification level in the local government

(a) means—

(i) a member or shareholder of the corporation; or

(ii) a person who otherwise holds a beneficial interest in the corporation; or

(iii) another person whom the chief executive believes is associated with the ownership or management of the corporation or is in a position to control or influence the affairs of the corporation; but

(b) does not include an executive officer of the corporation.

(a) establishes a corresponding scheme; and

(b) is prescribed by regulation for this definition.

(a) regulates the supply of beverages in containers; and

(b) provides for a refund to be paid for the return of empty beverage containers to a particular person or place.

(a) throw, drop or otherwise put the waste at, in or on the place; or

(b) leave the waste at, in or on the place; or

(c) deal with the waste in a way that causes or allows it to fall, blow, wash or otherwise escape onto the place; or

Examples for paragraph (c)—

A person transports waste in a trailer on a road in a way that causes the waste to be blown out of the trailer and onto the road, or leaves waste on private land where it is then washed by rain onto a road.

(d) dispose of the waste to landfill at the place.

(a) a single unit private dwelling; or

(b) premises containing 2 or more separate flats, apartments or other dwelling units.

(a) is not insolvent under administration; and

(b) is not disqualified from managing corporations, under the Corporations Act , part 2D .6; and

(c) does not have a conviction, other than a spent conviction, for an offence against—

(i) this Act; or

(ii) a provision of a corresponding law; or

(iii) a provision of the Environmental Protection Act relating to a waste management ERA; and

(d) does not have a conviction, other than a spent conviction, for an indictable offence against another law.

(a) for chapter 15 , part 1 —see section 272 ; or

(b) otherwise—the Environmental Protection Act 1994 .

(a) if the corporation is the Commonwealth or a State—a chief executive of a department of government or a person who is concerned with, or takes part in, the management of a department of government, whatever the person’s position is called; or

(b) if paragraph (a) does not apply—a person who is—

(i) a member of the governing body of the corporation; or

(ii) concerned with, or takes part in, the corporation’s management;

whatever the person’s position is called and whether or not the person is a director of the corporation.

(a) the decision; and

(b) the reasons for the decision; and

(c) the review details.

(a) the airspace above land; and

(b) land that is, or is at any time, covered by waters; and

(c) waters.

(a) contains—

(i) public news, information or occurrences; or

(ii) remarks or observations on public news, information or occurrences; and

(b) is printed for sale or distribution; and

(c) is published periodically or in parts or numbers at intervals of not more than 31 days between the publication of any 2 of the papers, pamphlets, parts or numbers;

(a) the State;

(b) a local government;

(c) a public authority;

(d) a corporation;

(e) an individual.

(a) that the person was not the person who deposited the waste; and

(b) the name and address of the person who deposited the waste.

Note—

This Act adopts a definition of
"land" that includes waters.

(a) vacant land;

(b) a vacant house;

(c) a building that is for sale or rent and that is clearly signed as being for sale or rent;

(d) a dwelling house or other building under construction.

(a) the person in whose name the vehicle associated with the commission of the offence is registered under a registration Act; or

(b) a person named in a known user declaration or a sold vehicle declaration under the State Penalties Enforcement Act 1999 in relation to the offence.

(a) means a product that has reached the end of its useful life; and

(b) includes a product that has not been used and any packaging for the product.

(a) for chapter 4 , part 5 , division 4 —see section 102X (1) ; or

(b) for chapter 8A —see section 173ZB (1) .

(a) a place, or part of the place—

(i) the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or

Examples of a place that may be a public place under subparagraph (i)—

a beach, a park, a road

(ii) the occupier of which allows, whether or not on payment of money, members of the public to enter; or

Examples of a place that may be a public place under subparagraph (ii)—

a saleyard, a showground

(b) a place that is a public place under another Act.

(a) re-using waste resources; and

(b) recycling waste resources to make the same or different products; and

(c) recovering waste resources, including extracting energy from those resources.

(a) chapter 8 , part 3A ;

(b) section 474A .

(a) that the person given the notice may apply for a review of the decision to which the notice relates under chapter 9 , part 1 ;

(b) about the period or time allowed for making the application for a review;

(c) about how to apply for a review.

(a) an area of land dedicated to public use as a road; or

(b) an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; or

(c) a bridge, culvert, ferry, ford, tunnel or viaduct; or

(d) a pedestrian or bicycle path; or

(e) a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or path mentioned in any of paragraphs (a) to (d) .

(a) for chapter 4 , part 5 , division 4 —see section 102X (3) ; or

(b) for chapter 8A —see section 173ZB (2) ; or

(c) for chapter 11 —see section 246 (2) .

(a) for chapter 4 , part 5 , division 4 —see section 102X (4) (f) ; or

(b) for chapter 8A —see section 173ZB (3) (f) .

(a) a container; or

(b) a dam, pond or other depression.

(a) means a vehicle under the Transport Operations (Road Use Management) Act 1995 ; and

(b) includes a vessel under that Act.

1 A
"waste facility" is a facility for the recycling, reprocessing, treatment, storage, incineration, conversion to energy, sorting, consolidation or disposal (including by disposal to landfill) of waste.

2 However, a
"waste facility" does not include any of the following facilities—

(a) a facility that is lawfully operated for the sole purpose of disposing of waste generated by an environmentally relevant activity carried out under the Environmental Protection Act if—

(i) the waste is or was generated only by, and its generation is or was ancillary to, the operation of the activity; and

(ii) the activity is not a waste management ERA; and

(iii) the facility is operated by or for the entity carrying out the activity; and

(iv) the facility is authorised under the same environmental authority as the activity;

(b) a facility that is lawfully operated for the sole purpose of disposing of waste generated by 1 or more resource activities carried out under the Environmental Protection Act if—

(i) the waste is or was generated only by, and its generation is or was ancillary to, the operation of 1 or more of the resource activities; and

(ii) the facility is operated by or for an entity carrying out 1 or more of the resource activities; and

(iii) the facility is authorised under the same environmental authority as 1 of the resource activities;

(c) a facility that is lawfully operated for the sole purpose of disposing of waste generated by the processing, handling, storage or transport of materials from a resource activity carried out under the Environmental Protection Act if—

(i) the waste is or was generated only by, and its generation is or was ancillary to, the processing, handling, storage or transport of the materials from the resource activity; and

(ii) the facility is operated by or for the entity carrying out the resource activity; and

(iii) the facility is authorised under the same environmental authority as the resource activity;

(d) a facility that is lawfully operated for the sole purpose of disposing of waste generated to remediate contaminated land recorded in the environmental management register or contaminated land register if—

(i) the waste was generated by an activity (the
"initial activity" ) lawfully carried out on the contaminated land before the initial activity became an environmentally relevant activity under the Environmental Protection Act (the
"relevant activity" ); and

(ii) from the day the initial activity became the relevant activity, the waste is or was generated by the relevant activity carried out on the contaminated land; and

(iii) all of the following apply—

(A) the waste is or was generated only by, and its generation is or was ancillary to, the operation of the initial activity or relevant activity;

(B) the relevant activity is not a resource activity under the Environmental Protection Act or a waste management ERA;

(C) the facility is operated by or for the entity carrying out the relevant activity;

(D) the facility is authorised under the same environmental authority as the relevant activity.

(a) metal recovery;

(b) mechanically crushing, milling, grinding, shredding or sorting waste;

(c) mechanically reprocessing waste;

(d) battery recycling;

(e) composting organic material, anaerobically digesting organic material or manufacturing soil conditioner;

(f) waste reprocessing or treatment;

(g) waste storage;

(h) regulated waste transport;

(i) regulated waste treatment;

(j) tyre recycling;

(k) waste disposal;

(l) waste incineration, thermal waste reprocessing or thermal treatment;

(m) operating a waste transfer station or resource recovery facility;

(n) maintaining a decommissioned waste disposal facility.

(a) for a local government, means the local government’s obligation under section 123 ; and

(b) for a planning entity, means the planning entity’s obligation under section 141 ; and

(c) for a State entity, means the State entity’s obligation under section 133 .