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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Waste Avoidance and Resource Recovery
Amendment Bill 2009
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Waste Avoidance and
Resource Recovery Act 2007
amended
3. Act amended 3
4. Section 36 amended 3
5. Section 73 amended 3
6. Section 76 amended 3
7. Section 79 amended 4
8. Section 80 amended 5
9. Section 81 amended 6
10. Schedule 2 amended 6
Part 3 -- Waste Avoidance and
Resource Recovery Levy Act 2007
amended
11. Act amended 7
12. Section 4 amended 7
065-2 page i
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Waste Avoidance and Resource Recovery
Amendment Bill 2009
A Bill for
An Act to amend --
· the Waste Avoidance and Resource Recovery Act 2007; and
· the Waste Avoidance and Resource Recovery Levy Act 2007.
The Parliament of Western Australia enacts as follows:
page 1
Waste Avoidance and Resource Recovery Amendment Bill 2009
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Waste Avoidance and Resource Recovery
4 Amendment Act 2009.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) sections 1 and 2 -- on the day on which this Act
8 receives the Royal Assent (assent day);
9 (b) sections 3 and 9 and Part 3 -- on the day after assent
10 day;
11 (c) the rest of the Act -- on a day fixed by proclamation,
12 and different days may be fixed for different provisions.
page 2
Waste Avoidance and Resource Recovery Amendment Bill 2009
Waste Avoidance and Resource Recovery Act 2007 amended Part 2
s. 3
1 Part 2 -- Waste Avoidance and Resource Recovery
2 Act 2007 amended
3 3. Act amended
4 This Part amends the Waste Avoidance and Resource Recovery
5 Act 2007.
6 4. Section 36 amended
7 After section 36(1)(c) insert:
8
9 (da) the services and facilities that are reasonably
10 necessary to be provided or used under
11 section 16 for the next financial year in order to
12 enable the Waste Authority to perform its
13 functions; and
14
15 5. Section 73 amended
16 After section 73(3) insert:
17
18 (4) Any levy paid is to be credited to an operating account
19 of the Department established under the Financial
20 Management Act 2006 section 16(1)(a).
21
22 6. Section 76 amended
23 After section 76(2) insert:
24
25 (3) Any amount paid by way of penalty under
26 subsection (1) is to be credited to an operating account
27 of the Department established under the Financial
28 Management Act 2006 section 16(1)(a).
29
page 3
Waste Avoidance and Resource Recovery Amendment Bill 2009
Part 2 Waste Avoidance and Resource Recovery Act 2007 amended
s. 7
1 7. Section 79 amended
2 (1) In section 79(1) delete the passage that begins with "kept -- "
3 and ends with "that Act," and insert:
4
5 kept as an agency special purpose account established
6 under the Financial Management Act 2006 section 16
7
8 (2) After section 79(2) insert:
9
10 (3A) The Minister is to direct in each financial year that
11 there is to be credited to the WARR Account such
12 amount of the levy credited to the Department's
13 operating account under section 73(4) as is specified by
14 the Minister.
15 (3B) The amount specified under subsection (3A) must be as
16 follows --
17 (a) in the financial year ending 30 June 2010 -- an
18 amount not less than the difference between 25%
19 of the forecast levy amount for that financial year
20 and the amount of levy paid or payable for the
21 period 1 July 2009 to 31 December 2009;
22 (b) in any other financial year -- not less than 25% of
23 the forecast levy amount for the financial year.
24 (3C) For the purposes of subsection (3B) the forecast levy
25 amount for a financial year is --
26 (a) the estimate of the levy amount for the financial
27 year set out in the budget papers for that
28 financial year tabled in the Legislative
29 Assembly; or
30 (b) if another means of determining the forecast
31 levy amount for the financial year is
32 prescribed -- the forecast levy amount
33 determined by those means.
page 4
Waste Avoidance and Resource Recovery Amendment Bill 2009
Waste Avoidance and Resource Recovery Act 2007 amended Part 2
s. 8
1 (3) In section 79(3):
2 (a) delete "The WARR Account" and insert:
3
4 In addition to the amount referred to in
5 subsection (3A), the WARR Account
6
7 (b) delete paragraphs (a) and (b) and "and" after each of
8 them.
9 8. Section 80 amended
10 Delete section 80(1) and (2) and insert:
11
12 (1) Moneys held in the WARR Account are to be applied,
13 in a manner that is consistent with the current business
14 plan or as may be approved by the Minister --
15 (a) to fund programmes relating to the
16 management, reduction, reuse, recycling,
17 monitoring or measurement of waste; and
18 (b) to fund the preparation, review and amendment
19 of the waste strategy, waste plans under Part 4
20 and extended producer responsibility schemes
21 and the implementation of that strategy and
22 those plans and schemes; and
23 (c) in payment of the costs of administering the
24 WARR Account (including the costs of
25 collecting levies and penalties and support and
26 evaluation services); and
27 (d) to fund the services and facilities referred to in
28 section 36(1)(da); and
29 (e) in payment of the other costs of the
30 administration and enforcement of this Act,
31 including the remuneration of members of the
32 Waste Authority.
33
page 5
Waste Avoidance and Resource Recovery Amendment Bill 2009
Part 2 Waste Avoidance and Resource Recovery Act 2007 amended
s. 9
1 9. Section 81 amended
2 In section 81(1) after "Financial Management Act 2006" insert:
3
4 and the Auditor General Act 2006
5
6 10. Schedule 2 amended
7 (1) After Schedule 2 item 1 insert:
8
9 2A. To seek the advice of such other entities as the Waste
10 Authority thinks fit for the purpose of providing advice to
11 the Minister in relation to the setting and variation of a levy.
12
13 (2) After Schedule 2 item 13 insert:
14
15 14A. From time to time to develop and publish a statement of the
16 objectives to be achieved by programmes funded under
17 section 80(1)(a).
18
19 (3) In Schedule 2 item 14 delete "from the WARR Fund" and insert:
20
21 under section 80(1)(a)
22
page 6
Waste Avoidance and Resource Recovery Amendment Bill 2009
Waste Avoidance and Resource Recovery Levy Act 2007 Part 3
amended
s. 11
1 Part 3 -- Waste Avoidance and Resource Recovery Levy
2 Act 2007 amended
3 11. Act amended
4 This Part amends the Waste Avoidance and Resource Recovery
5 Levy Act 2007.
6 12. Section 4 amended
7 (1) In section 4(1) delete "Waste Authority," and insert:
8
9 Minister,
10
11 (2) After section 4(1) insert:
12
13 (2A) The Waste Authority may provide advice to the
14 Minister for the purpose of making a recommendation
15 under subsection (1) as to the amount by way of levy to
16 be prescribed.
17 (2B) The Minister must give due weight to, but is not bound
18 to accept, the advice of the Waste Authority under
19 subsection (2A).
20
21
page 7
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