CIRCULAR ECONOMY (WASTE REDUCTION AND RECYCLING) ACT 2021 - SECT 74 Duty of providers of essential waste, recycling or resource recovery services to minimise risk of failure, disruption or hinderance of service

CIRCULAR ECONOMY (WASTE REDUCTION AND RECYCLING) ACT 2021 - SECT 74

    (1)     A person who is providing an essential waste, recycling or resource recovery service, so far as is reasonably practicable, must minimise the risk of serious failure, disruption or hinderance of the service.

    (2)     A person who contravenes subsection (1) commits an offence against that subsection and is liable to a penalty not exceeding—

        (a)     in the case of a natural person, 500 penalty units; or

        (b)     in the case of a body corporate, 2500 penalty units.

    (3)     Subsection (1) is a civil penalty provision.

    (4)     In determining whether a person has contravened subsection (1), regard must be had to all the circumstances including the following matters—

        (a)     the nature and extent of the risk and the likelihood of it occurring;

        (b)     the degree of harm that would result if the risk occurred;

        (c)     what the person knew, or ought reasonably to have known, about the risk;

        (d)     the measures available and suitable to reduce the risk;

        (e)     the cost of reducing the risk;

        (f)     the steps taken by the person to notify the Head, Recycling Victoria of the matters referred to in paragraphs (a) and (b).

Pt 5 Div. 4 (Heading and ss 74A– 74K) inserted by No. 36/2022 s. 13.

Division 4—Risk, consequence and contingency plans

S. 74A inserted by No. 36/2022 s. 13.