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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
Bill 2007
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Meaning of terms used in this Act 2
4. State bound 5
5. Objects of this Act 5
6. Effect on other laws 5
7. EDPH to be consulted on public health issues 6
Part 2 -- Waste Authority
8. Waste Authority established 7
9. Status 7
10. Authority may use other names 7
11. Membership 7
12. Chairman and deputy chairman 8
13. CEO may attend meeting 8
14. Constitution and proceedings 8
15. Remuneration and conditions of members 8
16. Provision of services and facilities 8
17. Use of staff and facilities of other departments,
agencies and instrumentalities 9
18. Committees 9
Part 3 -- Functions of Waste
Authority
Division 1 -- General
19. Functions of Waste Authority 11
20. Powers generally 11
152--2 page i
Waste Avoidance and Resource Recovery Bill 2007
Contents
Division 2 -- Accountability
21. Minister may give directions 12
22. Minister to have access to information 12
23. Annual report of the Waste Authority 13
Part 4 -- Management documents
Division 1 -- Waste strategy
24. Purpose of waste strategy 14
25. Waste Authority to prepare draft waste strategy 14
26. Consultation 14
27. Public notification of draft waste strategy 14
28. Public submissions 15
29. Modified draft to be referred to entities who made
submissions 15
30. Consideration by Minister 16
31. Approval of Minister 16
32. Minor amendments to waste strategy 17
33. Review and revision of waste strategy 17
34. Power to request report on waste strategy
compliance 18
Division 2 -- Business plans
35. Draft business plan to be submitted to Minister 19
36. Contents of business plan 19
37. Minister's powers in relation to draft business plan 20
38. Business plan pending approval 20
39. Approval and implementation of business plan 20
Division 3 -- Waste plans
40. Waste plans 21
41. CEO's powers in relation to waste plan 22
42. CEO may prepare or modify waste plan 23
43. Effect of waste plan 24
44. Report on waste plan 24
Part 5 -- Product stewardship
45. Product stewardship plans 26
46. Extended producer responsibility schemes 26
47. Statements with regard to extended producer
responsibility schemes 27
page ii
Waste Avoidance and Resource Recovery Bill 2007
Contents
Part 6 -- Waste services
Division 1 -- Services provided by local
governments
48. References to provision of waste service 29
49. Specified public authority may exercise functions
of local government 29
50. Provision of waste services 29
51. Costs of providing combined waste service 30
52. Codes of practice 31
53. CEO may monitor and evaluate waste services 31
54. Expenses of evaluation 32
55. Disposal of waste by local government 33
Division 2 -- Waste collection permits
56. Waste collection permit 33
57. Consistency with modern practice 34
58. CEO to consult on issue, renewal or amendment of
permit 34
59. Term and renewal of waste collection permit 35
60. Disposal of waste by holder of permit 35
Division 3 -- Local laws and local government
rates, fees and charges
61. Local laws in respect of waste management 36
62. Model local laws 37
63. Governor may amend or repeal local laws 37
64. Subject matter of local laws 38
65. Enforcement of local laws 39
66. Local government may impose waste collection
rate 40
67. Local government may impose receptacle charge 40
68. Fees and charges fixed by local government 41
Division 4 -- Offences
69. Waste collection not to be carried out by
unauthorised persons 41
70. Obstruction or hindrance 42
71. Services to be provided in accordance with waste
plan or permit 42
Division 5 -- General
72. Accumulation of waste -- prevention notice 44
page iii
Waste Avoidance and Resource Recovery Bill 2007
Contents
Part 7 -- Collection and application
of levy
Division 1 -- Collection of levy imposed under
Waste Avoidance and Resource Recovery
Levy Act 2007
73. Payment of levy 45
74. Financial assurance 45
75. Payment by instalments 45
76. Penalty for non-payment 46
77. Recovery of levy 46
78. Evading levy 46
Division 2 -- Waste Avoidance and Resource
Recovery Account
79. Waste Avoidance and Resource Recovery Account 47
80. Application of moneys in the WARR Account 47
81. Application of Financial Management Act 2006 49
Part 8 -- Enforcement
Division 1 -- Investigation and obtaining
information
82. Power to require information or material 50
83. Inspectors 51
84. Authorised persons and analysts 53
85. Audit may be directed by CEO 53
Division 2 -- General
86. Who can institute proceedings for offences 54
87. Time for bringing prosecutions 55
88. Daily penalties 55
89. Attempt, incitement or accessory after the fact 56
90. Additional powers available to the court 56
Part 9 -- General provisions
91. Confidentiality 57
92. Delegation 57
93. Other provisions of EP Act apply 58
94. Protection from liability for wrongdoing 58
95. Laying documents before Parliament 59
96. Regulations 59
97. Regulations to operate as local laws 60
page iv
Waste Avoidance and Resource Recovery Bill 2007
Contents
98. Regulations, local laws and waste strategy may
adopt codes or legislation and other references 60
99. Review of Act 61
100. Consequential amendments 61
101. Transitional and savings provisions 61
Schedule 1 -- Constitution and
proceedings of the
Waste Authority
Division 1 -- General provisions
1. Meaning of terms used in this Schedule 62
2. Term of office 62
3. Resignation, removal 62
4. Leave of absence 63
5. Chairman unable to act 63
6. Acting members 63
7. Saving 63
Division 2 -- Proceedings of Waste Authority
8. Meetings 63
9. Voting 64
10. Minutes 64
11. Resolution without meeting 64
12. Holding meetings remotely 65
13. Waste Authority to determine own procedures 65
Division 3 -- Disclosure of interests etc.
14. Disclosure of interests 65
15. Voting by interested members 65
16. Clause 15 may be declared inapplicable 66
17. Quorum where clause 15 applies 66
18. Minister may declare clauses 15 and 17
inapplicable 66
page v
Waste Avoidance and Resource Recovery Bill 2007
Contents
Schedule 2 -- Functions of the Waste
Authority
Schedule 3 -- Matters in respect of
which regulations may be made
Division 1 -- General
Division 2 -- Waste collection and facilities
Division 3 -- Product stewardship
Schedule 4 -- Amendments and
repeals
1. Constitution Acts Amendment Act 1899 amended 72
2. Environmental Protection Act 1986 amended 72
3. Environmental Protection (Landfill) Levy Act 1998
repealed 72
4. Health Act 1911 amended 72
5. Public Works Act 1902 amended 73
Part VIA -- Miscellaneous
112. Waste management operations at Mt
Walton 73
113. Delegation of powers and duties under
section 112 74
Schedule 5 -- Savings and
transitional provisions
1. Terms used in this Schedule 76
2. Application of the Interpretation Act 1984 76
3. Local laws under Health Act 1911 continued 76
4. Fees and charges fixed under Health Act 1911
continued 76
5. Regulations 77
6. Waste Management and Recycling Fund 77
7. Waste Management (WA): devolution of assets
and liabilities 77
8. Transitional regulations 79
Defined Terms
page vi
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Waste Avoidance and Resource Recovery
Bill 2007
A Bill for
An Act to --
· provide for waste avoidance and resource recovery; and
· establish the Waste Authority; and
· provide for waste services by local governments; and
· provide for levies on waste; and
· repeal the Environmental Protection (Landfill) Levy Act 1998; and
· provide for related and consequential matters.
The Parliament of Western Australia enacts as follows:
page 1
Waste Avoidance and Resource Recovery Bill 2007
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Waste Avoidance and Resource Recovery Act 2007.
2. Commencement
5 This Act comes into operation as follows:
(a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) the rest of the Act -- on a day fixed by proclamation,
and different days may be fixed for different provisions.
10 3. Meaning of terms used in this Act
(1) In this Act unless the contrary intention appears --
"approved product stewardship plan" means a product
stewardship plan registered under section 45(3);
"business plan" means a business plan approved under
15 section 39;
"CEO" means chief executive officer of the department of the
Public Service principally assisting in the administration of
this Act;
"district" means an area that has been declared to be a district
20 under the Local Government Act 1995, and any place
outside the boundaries of the district which is under the
control of the local government for the district;
"entity" means any person or body, including a public
authority;
25 "EP Act" means the Environmental Protection Act 1986;
"EP authorisation" means a licence, permit or approval
granted under the EP Act;
"Executive Director, Public Health" has the meaning given in
the Health Act 1911 section 3(1);
page 2
Waste Avoidance and Resource Recovery Bill 2007
Preliminary Part 1
s. 3
"extended producer responsibility scheme" means a scheme
for giving effect to a policy in which the producer's
responsibility for a product (including physical or financial
responsibility) is extended to the post-consumer stage of
5 the product's life-cycle;
"inspector" means an inspector appointed under the EP Act
section 88 for the purposes of this Act and includes
the CEO;
"levy" means a levy imposed under the Waste Avoidance and
10 Resource Recovery Levy Act 2007;
"local government" includes a regional local government
established for the purpose of providing waste services;
"local government waste" means --
(a) waste from residential sources; and
15 (b) any other waste of a kind prescribed by the
regulations for the purposes of this paragraph,
but does not include sewage or waste of a kind prescribed
by the regulations as excluded for the purposes of this
definition;
20 "member" means a member of the Waste Authority appointed
under section 11(1);
"producer" of a product includes a manufacturer, importer,
supplier or distributor, of the product in this State or an
entity having a proprietary interest in the name under which
25 the product is manufactured, imported, supplied or
distributed in this State;
"product stewardship plan" means a plan in which the
producers of a product --
(a) share responsibility with governments and consumers
30 for the environmental impact of the product
throughout its use, including end of use management;
and
(b) seek to reduce the adverse environmental impact of
the product;
page 3
Waste Avoidance and Resource Recovery Bill 2007
Part 1 Preliminary
s. 3
"public authority" means --
(a) an agency or organisation as those terms are defined
in the Public Sector Management Act 1994; or
(b) a body, corporate or unincorporate, that is established
5 or continued for a public purpose by the State,
regardless of the way it is established; or
(c) a local government;
"WARR Account" means the Waste Avoidance and Resource
Recovery Account established by section 79;
10 "waste" includes matter --
(a) whether liquid, solid, gaseous or radioactive and
whether useful or useless, which is discharged into
the environment; or
(b) prescribed by the regulations to be waste;
15 "Waste Authority" means the Waste Authority established by
section 8;
"waste collection permit" has the meaning given by
section 56(1);
"waste facility" means premises used for the storage, treatment,
20 processing, sorting, recycling or disposal of waste;
"waste service" means --
(a) the collection, transport, storage, treatment,
processing, sorting, recycling or disposal of waste; or
(b) the provision of receptacles for the temporary deposit
25 of waste; or
(c) the provision and management of waste facilities,
machinery for the disposal of waste and processes for
dealing with waste;
"waste strategy" means the waste strategy approved and in
30 force under Part 4 Division 1.
(2) If a term has a meaning in the EP Act, it has the same meaning
in this Act unless the contrary intention appears in this Act.
page 4
Waste Avoidance and Resource Recovery Bill 2007
Preliminary Part 1
s. 4
4. State bound
This Act binds the State and, so far as the legislative power of
Parliament permits, the Crown in all its other capacities.
5. Objects of this Act
5 (1) The primary objects of this Act are to contribute to
sustainability, and the protection of human health and the
environment, in Western Australia and the move towards a
waste-free society by --
(a) promoting the most efficient use of resources, including
10 resource recovery and waste avoidance; and
(b) reducing environmental harm, including pollution
through waste; and
(c) the consideration of resource management options
against the following hierarchy --
15 (i) avoidance of unnecessary resource consumption;
(ii) resource recovery (including reuse, reprocessing,
recycling and energy recovery);
(iii) disposal.
(2) The principles set out in the EP Act section 4A apply in relation
20 to the objects of this Act.
6. Effect on other laws
(1) Except as specifically provided by this Act, the provisions of
this Act are complementary to and not in derogation of the
provisions of any other law of the State.
25 (2) Without limiting the generality of subsection (1), this Act is not
to be construed so as to prevent a person from being prosecuted
under any other enactment for an offence punishable by this
Act, or from being liable under any other law of the State to any
other or higher penalty or punishment than is provided for the
30 offence by this Act.
page 5
Waste Avoidance and Resource Recovery Bill 2007
Part 1 Preliminary
s. 7
(3) Nothing in this section affects the operation of the Sentencing
Act 1995 section 11.
(4) Nothing in this Act in any way affects any right any entity has at
law to prevent, control or abate pollution or environmental harm
5 or obtain damages.
7. EDPH to be consulted on public health issues
(1) Nothing in this Act limits the functions of the Executive
Director, Public Health under the Health Act 1911.
(2) The regulations may set out circumstances in which the CEO or
10 the Waste Authority must consult the Executive Director, Public
Health with respect to a decision that the CEO or Waste
Authority proposes to make under this Act.
page 6
Waste Avoidance and Resource Recovery Bill 2007
Waste Authority Part 2
s. 8
Part 2 -- Waste Authority
8. Waste Authority established
A body called the Waste Authority is established.
9. Status
5 The Waste Authority is an agent of the State and has the status,
immunities and privileges of the State.
10. Authority may use other names
(1) In addition to its statutory name, the Waste Authority may use
and operate under any other name approved by the Minister.
10 (2) Notice of an approval under subsection (1) must be published in
the Gazette.
11. Membership
(1) The Waste Authority must comprise 5 members appointed by
the Governor on the recommendation of the Minister.
15 (2) The members are to be persons who, in the opinion of the
Minister --
(a) have skill, experience and knowledge in matters relating
to sustainability, waste services, or waste avoidance and
resource recovery; or
20 (b) have a particular function or vocational interest relevant
to the functions of the Waste Authority,
and who, in the opinion of the Minister, are able to make a
contribution to the functions of the Waste Authority.
(3) Before making a recommendation under subsection (1) the
25 Minister must publish in a daily newspaper circulating
throughout the State a notice calling for expressions of interest
in appointment to the office of member.
page 7
Waste Avoidance and Resource Recovery Bill 2007
Part 2 Waste Authority
s. 12
(4) The Minister must consider expressions of interest lodged in
accordance with the notice but may make a recommendation
under subsection (1) whether or not the person recommended
has lodged an expression of interest.
5 (5) A member must not be a person who is employed in the Public
Service under the Public Sector Management Act 1994 Part 3.
12. Chairman and deputy chairman
One of the members is to be appointed by the Governor on the
recommendation of the Minister to be the chairman of the
10 Waste Authority and another to be the deputy chairman of the
Waste Authority.
13. CEO may attend meeting
The CEO, or a delegate of the CEO, is entitled to attend any
meeting of the Waste Authority and to take part in the
15 consideration and discussion of any matter before a meeting, but
cannot vote on any matter.
14. Constitution and proceedings
Schedule 1 sets out provisions as to the constitution and
proceedings of the Waste Authority.
20 15. Remuneration and conditions of members
The remuneration and allowances and other conditions of office
of a member are to be determined by the Governor on the
recommendation of the Minister for Public Sector Management.
16. Provision of services and facilities
25 (1) The Minister must ensure that the Waste Authority is provided
with such services and facilities as are reasonably necessary to
enable it to perform its functions.
(2) Without limiting subsection (1), the Minister may, by
arrangement with the Department, and on such terms and
page 8
Waste Avoidance and Resource Recovery Bill 2007
Waste Authority Part 2
s. 17
conditions as may be mutually arranged with the Waste
Authority, allow the Waste Authority to make use, either
full-time or part-time, of --
(a) the services of any officer or employee employed in the
5 Department; and
(b) any services or facilities of the Department.
(3) This section does not limit section 17.
17. Use of staff and facilities of other departments, agencies and
instrumentalities
10 (1) Without limiting section 16, the Minister may, by arrangement
with the relevant employing authority, allow the Waste
Authority to make use, either full-time or part-time, of the
services of any officer or employee --
(a) in the Public Service; or
15 (b) in a State agency or instrumentality; or
(c) otherwise in the service of the Crown in right of the
State.
(2) Without limiting section 16, the Minister may, by arrangement
with --
20 (a) a department of the Public Service; or
(b) a State agency or instrumentality,
make use of any facilities of the department, agency or
instrumentality.
(3) An arrangement under subsection (1) or (2) must be made on
25 terms agreed to by the parties.
18. Committees
(1) The Waste Authority, with the approval of the Minister, may --
(a) establish committees to assist the Waste Authority in the
performance of its functions; and
page 9
Waste Avoidance and Resource Recovery Bill 2007
Part 2 Waste Authority
s. 18
(b) determine the constitution of any committee; and
(c) appoint --
(i) members of the Waste Authority; or
(ii) members of the Waste Authority and other
5 persons,
to be members or deputy members of a committee
established under paragraph (a); and
(d) discharge, alter, or reconstitute any such committee.
(2) At least one member of each committee established under
10 subsection (1) must be a member of the Waste Authority.
(3) A committee established under subsection (1) must comply with
any direction of the Waste Authority.
(4) Subject to any direction of the Waste Authority, a committee
established under subsection (1) may determine its own
15 procedure.
page 10
Waste Avoidance and Resource Recovery Bill 2007
Functions of Waste Authority Part 3
General Division 1
s. 19
Part 3 -- Functions of Waste Authority
Division 1 -- General
19. Functions of Waste Authority
(1) Subject to this Act, the functions of the Waste Authority are
5 those set out in Schedule 2.
(2) It is also a function of the Waste Authority to do things that it
determines to be conducive or incidental to the performance of a
function referred to in subsection (1).
20. Powers generally
10 (1) The Waste Authority has all the powers it needs to perform its
functions.
(2) Without limiting subsection (1) the Waste Authority may for the
purpose of performing a function --
(a) request the Minister to seek information on matters
15 related to this Act from any other Minister and, on
receipt of that information, to give it to the Waste
Authority; and
(b) obtain the advice of persons having special knowledge,
experience or responsibility in regard to any matter
20 related to this Act; and
(c) consult and collaborate with appropriate entities,
whether or not in the State; and
(d) conduct, commission, promote and support research into
resource efficiency, waste avoidance and resource
25 recovery and any other matter related to this Act; and
(e) publish reports relating to any matter arising under this
Act, including reports on the Waste Authority's
findings, advice, considerations and recommendations;
and
30 (f) provide information to the public on any matter related
to this Act.
page 11
Waste Avoidance and Resource Recovery Bill 2007
Part 3 Functions of Waste Authority
Division 2 Accountability
s. 21
Division 2 -- Accountability
21. Minister may give directions
(1) The Minister may give written directions to the Waste Authority
with respect to the exercise or performance of its functions,
5 either generally or in relation to a particular matter, and the
Waste Authority must give effect to any such direction.
(2) The text of a direction under subsection (1) must be included in
the annual report submitted under section 23.
22. Minister to have access to information
10 (1) In this section --
"document" includes any tape, disk or other device or medium
on which information is recorded or stored;
"information" means information specified, or of a description
specified, by the Minister that relates to the functions of the
15 Waste Authority;
"officer of the Waste Authority" means a person whose
services are provided under section 16(1) or used under
section 17(1).
(2) The Minister is entitled to have information in the possession of
20 the Waste Authority and, if the information is in or on a
document, to have, and make and retain copies of, that
document.
(3) For the purposes of subsection (2) the Minister may --
(a) request the Waste Authority to provide information to
25 the Minister; and
(b) request the Waste Authority to give the Minister access
to information; and
(c) for the purposes of paragraph (b) make use of officers of
the Waste Authority to obtain the information and
30 provide it to the Minister.
page 12
Waste Avoidance and Resource Recovery Bill 2007
Functions of Waste Authority Part 3
Accountability Division 2
s. 23
(4) The Waste Authority must comply with a request under
subsection (3) and make its officers and facilities available to
the Minister for the purposes of paragraph (c) of that subsection.
23. Annual report of the Waste Authority
5 (1) The Waste Authority must, as soon as practicable after 1 July,
and in any event on or before 31 October, in each year, prepare
and give to the Minister a report on the operations and
proceedings of the Waste Authority for the previous financial
year.
10 (2) The Minister must cause the Waste Authority's report to be laid
before each House of Parliament within 7 sitting days of the
House after the Minister has received it.
page 13
Waste Avoidance and Resource Recovery Bill 2007
Part 4 Management documents
Division 1 Waste strategy
s. 24
Part 4 -- Management documents
Division 1 -- Waste strategy
24. Purpose of waste strategy
The purpose of the waste strategy is to set out, for the whole of
5 the State --
(a) a long term strategy for continuous improvement of
waste services, waste avoidance and resource recovery,
benchmarked against best practice; and
(b) targets for waste reduction, resource recovery and the
10 diversion of waste from landfill disposal.
25. Waste Authority to prepare draft waste strategy
As soon as practicable after the commencement of this section
the Waste Authority must prepare, or cause to be prepared, a
draft waste strategy.
15 26. Consultation
In the preparation of the draft waste strategy the Waste
Authority must consult such entities involved in waste services
or waste avoidance and resource recovery in the State as the
Waste Authority thinks appropriate.
20 27. Public notification of draft waste strategy
(1) The draft waste strategy must be submitted, together with such
reports and other material as the Waste Authority considers
relevant, to the Minister for the Minister's consent to public
submissions being sought.
25 (2) If the Minister does not consent to public submissions being
sought in respect of the draft waste strategy the Minister must
return the draft waste strategy to the Waste Authority and
request it to --
(a) consider or further consider any matter and deal with the
30 matter in the draft waste strategy; and
page 14
Waste Avoidance and Resource Recovery Bill 2007
Management documents Part 4
Waste strategy Division 1
s. 28
(b) revise the draft waste strategy in the light of its
consideration or further consideration; and
(c) again submit the draft waste strategy to the Minister
under this section.
5 (3) If the Minister consents to public submissions being sought in
respect of the draft waste strategy the Waste Authority must
publish --
(a) in the Gazette; and
(b) in 2 issues of a daily newspaper circulating throughout
10 the State,
a notice --
(c) specifying the places at which copies of the draft waste
strategy may be inspected and obtained; and
(d) stating the effect of section 28 and specifying the period
15 referred to in that section.
(4) The Waste Authority may fix and charge a fee for supplying a
copy of the draft waste strategy.
28. Public submissions
Submissions in respect of the draft waste strategy may be made,
20 in the form, if any, approved by the Waste Authority, by any
entity --
(a) within a period determined by the Waste Authority that
is not less than 12 weeks after the day on which the
notice is published in the Gazette under section 27(3)(a);
25 and
(b) by delivering or posting them so that they are received
within that period at the offices of the Waste Authority.
29. Modified draft to be referred to entities who made
submissions
30 (1) The draft waste strategy, modified if the Waste Authority thinks
fit after considering submissions under section 28, must be
page 15
Waste Avoidance and Resource Recovery Bill 2007
Part 4 Management documents
Division 1 Waste strategy
s. 30
referred by the Waste Authority to each entity which made a
submission under that section together with a summary of the
submissions, and may be referred by it to any other entity.
(2) If an entity to whom the draft waste strategy is referred under
5 subsection (1) considers that the Waste Authority should vary
the draft, the entity may within 28 days after receipt of the draft,
in writing, request the Waste Authority to make the variation.
30. Consideration by Minister
(1) After considering all requests that have been duly lodged under
10 section 29, the Waste Authority must submit to the Minister --
(a) the draft waste strategy, with the modifications, if any, it
thinks fit to make; and
(b) a copy of each of the submissions and requests; and
(c) a report by the Waste Authority on the submissions and
15 requests.
(2) The Minister may direct that the draft waste strategy is to be
modified as directed by the Minister.
(3) The Waste Authority must amend the draft waste strategy as
directed by the Minister and again submit the draft waste
20 strategy to the Minister on or before the date directed by the
Minister.
31. Approval of Minister
(1) The Minister may approve, or refuse to approve, the draft waste
strategy.
25 (2) Notice that the waste strategy has been approved by the
Minister must be published by the Minister in the Gazette.
(3) The waste strategy comes into operation on the day of
publication in the Gazette of a notice under subsection (1) or on
a later day that is specified in the document.
page 16
Waste Avoidance and Resource Recovery Bill 2007
Management documents Part 4
Waste strategy Division 1
s. 32
(4) The Waste Authority must ensure that a copy of the waste
strategy is --
(a) available for inspection by members of the public at its
principal place of business whenever that place is open
5 to the public; and
(b) published on the internet.
(5) The Waste Authority may fix and charge a fee for supplying a
copy of the waste strategy.
32. Minor amendments to waste strategy
10 (1) The Waste Authority may, with the approval of the Minister,
make minor amendments to the waste strategy without
complying with section 33.
(2) The Waste Authority must include a report on minor
amendments made under this section in its annual report under
15 section 23.
33. Review and revision of waste strategy
(1) The Waste Authority must review the waste strategy --
(a) whenever directed to do so by the Minister; and
(b) in any event, not later than 5 years after the Minister has
20 under section 31 last approved the waste strategy or
amendments to it or its continuation in force without
amendment.
(2) If, on a review under this section, the Waste Authority considers
that the circumstances so require, the Waste Authority must
25 prepare amendments to the waste strategy or a revised waste
strategy.
(3) If, on a review under this section, the Waste Authority considers
that the waste strategy does not require amendment or revision
the Waste Authority may determine that it is to continue in force
30 without amendment.
page 17
Waste Avoidance and Resource Recovery Bill 2007
Part 4 Management documents
Division 1 Waste strategy
s. 34
(4) The following provisions, as to consultation about, and approval
of, the waste strategy, apply for the purposes of this section,
with all necessary changes --
(a) section 26, as if the reference in that section to the
5 preparation of the draft waste strategy were a reference
to the review of the waste strategy;
(b) sections 27, 28, 29, 30 and 31(1), as if the references in
those provisions to the draft waste strategy were
references to the proposed amendments to the waste
10 strategy, the proposed revised waste strategy or a
proposal that the existing waste strategy be continued in
force without amendment;
(c) section 31(2) and (3) as if references in those provisions
to a waste strategy were references to the amendment of
15 the waste strategy, the proposed revised waste strategy
or the continuation of the waste strategy.
34. Power to request report on waste strategy compliance
(1) The CEO may request any entity to provide a report on --
(a) its compliance with the waste strategy; or
20 (b) the reasons for any specified non-compliance by that
entity with the waste strategy.
(2) Such a request must be in writing and must specify the date by
which the entity is requested to provide the report to the CEO.
(3) The CEO may forward the report to the Waste Authority.
25 (4) If an entity does not --
(a) comply with the waste strategy; or
(b) comply with a request under this section,
the CEO may include, after consultation with the entity, a
summary of the entity's failure in the Department's next annual
30 report prepared for the purposes of the Financial Management
Act 2006 Part 5.
page 18
Waste Avoidance and Resource Recovery Bill 2007
Management documents Part 4
Business plans Division 2
s. 35
Division 2 -- Business plans
35. Draft business plan to be submitted to Minister
(1) Each year the Waste Authority must prepare a draft business
plan.
5 (2) The Minister may from time to time, by written notice to the
Waste Authority --
(a) fix a day in each year by which a draft business plan is
to be submitted under subsection (1); or
(b) cancel a notice given under paragraph (a).
10 (3) Each draft business plan must be submitted to the Minister for
approval not later than --
(a) the day fixed under subsection (2); or
(b) if there is for the time being no day so fixed -- 3 months
before the start of the next financial year.
15 (4) The first draft business plan for the Waste Authority is to be in
respect of the next full financial year after the commencement
of this section.
36. Contents of business plan
(1) A business plan is to set out --
20 (a) the Waste Authority's objectives and priorities for the
next 5 financial years; and
(b) financial projections for that period; and
(c) the Waste Authority's budget for the next financial year;
and
25 (d) what the Waste Authority intends to do over the next
financial year; and
(e) the Waste Authority's policy for the application of
moneys from the WARR Account for the next financial
year; and
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Division 2 Business plans
s. 37
(f) a priority statement with respect to extended producer
responsibility schemes in accordance with section 47;
and
(g) any other matters that the Minister requires in writing.
5 (2) A business plan must be consistent with the waste strategy.
(3) The Waste Authority may seek the advice of such entities as the
Waste Authority thinks fit as to the development of policy for
the application of money from the WARR Account.
37. Minister's powers in relation to draft business plan
10 (1) If the Minister has not approved a draft business plan by one
month before the start of the next financial year, the Minister
may, by written notice, direct the Waste Authority --
(a) to take specified steps in relation to the draft plan; or
(b) to make specified modifications to the draft plan.
15 (2) The Waste Authority must comply with the direction as soon as
is practicable.
38. Business plan pending approval
(1) In subsection (2) --
"latest draft plan" means the draft business plan submitted, or
20 last submitted, by the Waste Authority to the Minister
before the start of the financial year with any modifications
made by the Waste Authority, whether before or after that
time, at the direction of the Minister.
(2) If the Minister has not approved a draft business plan before the
25 start of a financial year, the latest draft plan is to be the business
plan for the Waste Authority until a draft business plan is
approved under section 39.
39. Approval and implementation of business plan
(1) After amending its draft business plan in any way directed by
30 the Minister, the Waste Authority must submit, on or before the
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Management documents Part 4
Waste plans Division 3
s. 40
date required by the Minister, a revised draft business plan to
the Minister and the Minister may approve the plan.
(2) When the Minister approves a draft business plan, it becomes
the business plan for the relevant financial year or remainder of
5 the year, as the case may be.
(3) The Waste Authority must have regard to the business plan in
carrying out its functions.
(4) The Waste Authority must not depart significantly from its
business plan without first obtaining the approval of the
10 Minister.
(5) The Waste Authority must ensure that a copy of its current
business plan is --
(a) available for inspection by members of the public at its
principal place of business whenever that place is open
15 to the public; and
(b) published on the internet.
(6) The Waste Authority may fix and charge a fee for supplying a
copy of a business plan.
Division 3 -- Waste plans
20 40. Waste plans
(1) In this section --
"plan for the future" means a plan made under the Local
Government Act 1995 section 5.56.
(2) A local government may include within its plan for the future a
25 waste plan outlining how, in order to protect human health and
the environment, waste services provided by the local
government in the relevant district will be managed to achieve
consistency with the waste strategy.
(3) The waste plan may include --
30 (a) population and development profiles for the district;
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Waste Avoidance and Resource Recovery Bill 2007
Part 4 Management documents
Division 3 Waste plans
s. 41
(b) an assessment of significant sources and generators of
waste received by the local government;
(c) an assessment of the quantities and classes of waste
received by the local government;
5 (d) an assessment of the services, markets and facilities for
waste received by the local government;
(e) an assessment of the options for reduction, management
and disposal of waste received by the local government;
(f) proposed strategies and targets for managing and
10 reducing waste received by the local government;
(g) proposed strategies and targets for the efficient disposal
of waste received by the local government that cannot
be recovered, reused or recycled;
(h) an implementation programme that identifies the
15 required action, timeframes, resources and
responsibilities for achieving these strategies and
targets;
(i) such other matters as may be prescribed by the
regulations.
20 (4) The CEO may by written notice require a local government to
include within its plan for the future a waste plan outlining how,
in order to protect human health and the environment, waste
services provided by the local government will be managed to
achieve consistency with the waste strategy.
25 (5) The notice may specify a reasonable period within which the
waste plan must be included in the plan for the future.
(6) The CEO may, on the request of a local government and at the
expense of that local government, prepare a draft waste plan for
that local government.
30 41. CEO's powers in relation to waste plan
(1) If the CEO is of the opinion that a waste plan should, but does
not, include a matter referred to in section 40(3), the CEO may,
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Management documents Part 4
Waste plans Division 3
s. 42
by written notice, require the local government to modify the
waste plan to include that matter.
(2) Before giving a notice to a local government under
subsection (1) the CEO --
5 (a) must consult with the local government and have regard
to its views; and
(b) if the local government so requests, must consult with
the Waste Authority and have regard to its views.
(3) A local government must comply with the notice as soon as is
10 practicable.
(4) If the local government does not comply with the notice issued
under section 40(4) or under subsection (1), the CEO may serve
notice in writing on the local government --
(a) specifying the relevant notice and the manner in which
15 the local government has failed to comply with it; and
(b) advising the local government that the CEO intends to
deal with the matter under section 42.
(5) A local government aggrieved by a notice given to the local
government under subsection (4) may apply to the State
20 Administrative Tribunal for a review of the notice.
42. CEO may prepare or modify waste plan
(1) When a notice has been served on a local government under
section 41(4), the CEO may, after consulting and having regard
to the views of the Waste Authority and the local government,
25 take all such steps and prepare all such documents as are
necessary to ensure compliance with the notice referred to in
section 40(4) or 41(1), as the case requires, as if the CEO were
the local government.
(2) A waste plan, or modification of a waste plan, for a local
30 government prepared under this section has effect as if it were
part of a plan for the future made by the local government.
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Division 3 Waste plans
s. 43
(3) All costs, charges and expenses incurred by the CEO in the
exercise of any powers conferred by subsection (1) may be
recovered from the local government as a debt due to the Crown
or may be deducted from any moneys payable by the Crown to
5 the local government.
(4) A local government aggrieved by a waste plan, or modification
of a waste plan, prepared under this section may apply to the
State Administrative Tribunal for a review of the plan or
modification.
10 43. Effect of waste plan
(1) The CEO must have regard to the waste plan of a local
government when exercising a function under this Act or any
other Act that affects the operation of the waste plan.
(2) A local government must perform its functions in respect of
15 waste management in accordance with its waste plan as existing
from time to time.
44. Report on waste plan
(1) The CEO may require a local government to submit a report to
the CEO on the implementation of its waste plan.
20 (2) The CEO may require the local government to include in the
report information about any or all of the following matters --
(a) the quantities of waste of each of the classes identified
in the waste plan --
(i) collected or otherwise received by the local
25 government and its contractors; or
(ii) reused or recycled by the local government or
transferred to other parties for reuse or recycling;
or
(iii) held in stockpiles; or
30 (iv) disposed of to landfill;
(b) the number of premises serviced;
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Waste plans Division 3
s. 44
(c) changes made during the reporting period to the nature
of the waste services provided;
(d) complaints lodged with the local government under
section 71 and actions taken by the local government in
5 response;
(e) any other matters specified in the waste plan;
(f) such other matters as the local government considers
appropriate.
(3) A local government aggrieved by a requirement under this
10 section may apply to the State Administrative Tribunal for a
review of the requirement.
page 25
Waste Avoidance and Resource Recovery Bill 2007
Part 5 Product stewardship
s. 45
Part 5 -- Product stewardship
45. Product stewardship plans
(1) A producer or group of producers may submit a product
stewardship plan to the CEO.
5 (2) A product stewardship plan must specify --
(a) the products dealt with under the plan; and
(b) targets and timeframes for avoidance, reduction, reuse
or recycling of waste; and
(c) the information that will be collected, assessed and
10 audited to ascertain whether the targets and timeframes
specified in the plan have been met; and
(d) how the information will be made public; and
(e) any other matter the producer or group of producers
considers relevant.
15 (3) If the CEO is satisfied that the product stewardship plan deals
with the matters specified in subsection (2) in an appropriate
way, the CEO must register the plan.
46. Extended producer responsibility schemes
(1) Before regulations are made for the purpose of implementing
20 and operating an extended producer responsibility scheme, the
Minister must have regard to --
(a) the nature of the product proposed to be dealt with under
the proposed scheme; and
(b) whether there is an effective approved product
25 stewardship plan in place, or a similar national plan, that
is able to achieve the desired outcomes and is being
actively implemented, monitored and reported on; and
(c) whether there is an Australian national scheme which
adequately deals with the product proposed to be dealt
30 with under the proposed scheme.
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Waste Avoidance and Resource Recovery Bill 2007
Product stewardship Part 5
s. 47
(2) Where a regulation made in respect of a matter referred to in
Schedule 3 Division 3 specifically provides that this subsection
applies in respect of a provision of the regulation, a person who
commits an offence under the provision is liable to a fine of
5 $50 000 and a daily penalty of $5 000.
47. Statements with regard to extended producer responsibility
schemes
(1) The Waste Authority must --
(a) include in its business plan each year a priority
10 statement with respect to any extended producer
responsibility schemes the Waste Authority proposes to
recommend for implementation and operation under the
regulations; and
(b) advertise the priority statement; and
15 (c) in the advertisement, invite submissions on any relevant
matter relating to the priority statement.
(2) Subsection (1) does not apply in respect of the first year after
the commencement of this section.
(3) The advertisement must be published --
20 (a) in the Gazette; and
(b) twice in a newspaper circulating throughout the State;
and
(c) otherwise as the Waste Authority considers appropriate.
(4) Submissions may be made, in the form, if any, approved by the
25 Waste Authority, by any entity --
(a) within a period determined by the Waste Authority that
is not less than 28 days after the day on which the notice
is published under subsection (3)(a); and
(b) by delivering or posting them so that they are received
30 within that period at the offices of the Waste Authority.
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Waste Avoidance and Resource Recovery Bill 2007
Part 5 Product stewardship
s. 47
(5) The Waste Authority must have regard to the submissions when
deciding whether or not to proceed with recommending the
implementation and operation under the regulations of an
extended producer responsibility scheme.
page 28
Waste Avoidance and Resource Recovery Bill 2007
Waste services Part 6
Services provided by local governments Division 1
s. 48
Part 6 -- Waste services
Division 1 -- Services provided by local governments
48. References to provision of waste service
A reference in this Part to a waste service provided by a local
5 government includes a reference to a waste service provided on
behalf of a local government pursuant to a contract.
49. Specified public authority may exercise functions of local
government
(1) The CEO, by notice published in the Gazette, may designate a
10 specified area that is not part of a district as an area in which a
specified public authority may perform and exercise the
functions of a local government under this Act.
(2) In subsection (1) --
"specified" means specified in a notice published under that
15 subsection.
(3) If a notice is published under subsection (1), this Act applies as
if --
(a) a reference to a local government included a reference to
the public authority specified in the notice; and
20 (b) a reference to a district included a reference to the area
designated in the notice.
50. Provision of waste services
(1) Subject to this Act and the EP Act, a local government may
provide, or enter into a contract for the provision on its behalf
25 of, waste services.
(2) A local government does not require a waste collection permit
or an EP authorisation to collect or transport local government
waste but is otherwise subject to the provisions of the EP Act.
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Waste Avoidance and Resource Recovery Bill 2007
Part 6 Waste services
Division 1 Services provided by local governments
s. 51
(3) The CEO may, for the purpose of protecting human health or
the environment, by written notice require a local government,
or 2 or more local governments together, to provide, in relation
to local government waste, a waste service of a kind specified in
5 the notice.
(4) The CEO must seek and have regard to the advice of the Waste
Authority before issuing a notice under subsection (3).
(5) The notice must be given to each local government required to
provide the waste service.
10 (6) The notice may apply to the whole of a local government
district or districts or to a specified portion of a local
government district or districts.
(7) Subject to subsection (8) and the EP Act, the local government
must comply with the notice.
15 (8) The local government is not required to provide a waste service
for which the local government is required to hold an EP
authorisation until the authorisation has been granted, but must
use reasonable endeavour to obtain the authorisation as soon as
practicable after the notice is issued.
20 (9) A local government aggrieved by a requirement in a notice
given by the CEO under subsection (3) may apply to the State
Administrative Tribunal for a review of the requirement.
51. Costs of providing combined waste service
(1) If 2 or more local governments combine in providing a waste
25 service, the CEO may, by written notice, determine the
proportion of the cost of providing the service to be borne by
each local government.
(2) A local government aggrieved by a determination under
subsection (1) may apply to the State Administrative Tribunal
30 for a review of the determination.
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Waste Avoidance and Resource Recovery Bill 2007
Waste services Part 6
Services provided by local governments Division 1
s. 52
52. Codes of practice
(1) The Waste Authority may, with the approval of the Minister,
make codes of practice for the provision of waste services --
(a) generally; or
5 (b) in relation to local government waste; or
(c) in relation to other particular types of situations.
(2) A code must be made in consultation with such entities as have,
in the opinion of the Waste Authority, a relevant interest in its
provisions.
10 (3) A code must not be inconsistent with any written law.
(4) The Interpretation Act 1984 section 43(7), (8) and (9) applies to
a code as if it were subsidiary legislation.
(5) The Waste Authority may amend or revoke a code or revoke it
and substitute another code for it.
15 (6) The Waste Authority must cause any code, and any amendment
or substituted code, to be published for public information.
53. CEO may monitor and evaluate waste services
(1) The CEO may monitor waste services provided by a local
government --
20 (a) to determine whether a notice is needed under
section 50(3); and
(b) to determine whether the prerequisites for issuing a
waste collection permit under section 56 have been met;
and
25 (c) to ascertain whether there has been compliance with
section 71(1).
(2) If monitoring under subsection (1) indicates a reason for
concern, the CEO may --
(a) carry out a performance evaluation of the waste
30 services --
(i) to determine whether a notice is needed under
section 50(3); or
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Waste Avoidance and Resource Recovery Bill 2007
Part 6 Waste services
Division 1 Services provided by local governments
s. 54
(ii) to determine whether the prerequisites for issuing
a waste collection permit under section 56 have
been met; or
(iii) to ascertain whether there has been compliance
5 with section 71(1);
and
(b) publish the results of the performance evaluation.
(3) The CEO must seek and have regard to the advice of the Waste
Authority as to --
10 (a) the appropriate performance of a waste service; and
(b) any other matters proposed to be evaluated,
before carrying out a performance evaluation.
(4) For the purposes of this section the CEO may by notice given to
a local government request the local government to provide the
15 CEO, or a person specified in the notice, with such reports and
other information specified in the notice as are necessary for
monitoring or evaluating waste services.
(5) A local government must comply with a notice given to it under
subsection (4).
20 (6) A local government aggrieved by a request in a notice given by
the CEO under subsection (4) may apply to the State
Administrative Tribunal for a review of the request.
54. Expenses of evaluation
(1) If the results of a performance evaluation of waste services
25 provided by a local government indicate that --
(a) a requirement should be imposed under section 50(3); or
(b) the prerequisites for issuing a waste collection permit
under section 56 have been met; or
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Waste Avoidance and Resource Recovery Bill 2007
Waste services Part 6
Waste collection permits Division 2
s. 55
(c) there has not been compliance under section 71(1),
any reasonable expenses incurred by the CEO in carrying out
and publishing the results of the performance evaluation may be
recovered from the local government as a debt due to the Crown
5 or may be deducted from any moneys payable by the Crown to
the local government.
(2) The CEO must give the local government at least 28 days notice
of the intention to recover or deduct the expenses and of the
amount proposed to be recovered or deducted.
10 (3) A local government given a notice under subsection (2) may
apply to the State Administrative Tribunal for a review of the
proposed recovery or deduction.
55. Disposal of waste by local government
Subject to any prescribed exceptions, and to the EP Act, all
15 waste received by a local government --
(a) becomes the property of the local government; and
(b) may be destroyed, sold or otherwise disposed of by the
local government.
Division 2 -- Waste collection permits
20 56. Waste collection permit
(1) The CEO may, subject to this section and regulations made for
the purposes of this section, issue a permit to collect local
government waste (a "waste collection permit").
(2) The CEO must not issue a waste collection permit to collect
25 local government waste in a local government district or part of
a district unless --
(a) a local government does not collect the local
government waste specified in the waste collection
permit in that district or part of that district; or
30 (b) the criteria specified in subsection (3) are met.
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Waste Avoidance and Resource Recovery Bill 2007
Part 6 Waste services
Division 2 Waste collection permits
s. 57
(3) The CEO may issue a waste collection permit to collect local
government waste in a local government district or part of a
district if the CEO is of the opinion that --
(a) the collection by the local government of the local
5 government waste specified in the waste collection
permit in the district or part of a district is not adequate
insofar as the waste management techniques employed
are not consistent with modern practice; and
(b) the applicant for the waste collection permit is capable
10 of carrying out improved waste collection.
(4) If a waste collection permit to collect local government waste in
a local government district or part of a district is in force, a local
government must not collect that local government waste
without the written approval of the CEO.
15 (5) A person aggrieved by a decision of the CEO under this section
may apply to the State Administrative Tribunal for a review of
the decision.
57. Consistency with modern practice
When making a determination for the purposes of section 56
20 or 59 as to whether a waste management technique is consistent
with modern practice the CEO --
(a) must have regard to any relevant code of practice made
by the Waste Authority under section 52 as to waste
services; or
25 (b) if there is no relevant code of practice, must have regard
to the advice of the Waste Authority.
58. CEO to consult on issue, renewal or amendment of permit
Before issuing, renewing or amending a waste collection permit
the CEO must seek and have regard to recommendations and
30 advice on the issue, renewal or amendment of the permit
from --
(a) the Waste Authority; and
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Waste Avoidance and Resource Recovery Bill 2007
Waste services Part 6
Waste collection permits Division 2
s. 59
(b) the Executive Director, Public Health; and
(c) the local government in the district of which the waste
collection is carried out.
59. Term and renewal of waste collection permit
5 (1) The term of a waste collection permit must not exceed 3 years
but the permit may be renewed from time to time.
(2) The CEO must not renew a permit if --
(a) the local government in the district or part of the district
in which waste collection under the permit is undertaken
10 has advised the CEO under section 58 that it will
undertake the collection of local government waste in
that district or part of the district; and
(b) the CEO is of the opinion that the collection by the local
government of the local government waste will be
15 adequate insofar as the waste management techniques
employed will be consistent with modern practice.
(3) A person aggrieved by a decision of the CEO under this section
may apply to the State Administrative Tribunal for a review of
the decision.
20 60. Disposal of waste by holder of permit
Subject to any exclusions prescribed by regulations under this
Act, and to the EP Act, all waste collected by the holder of a
waste collection permit to collect that waste --
(a) becomes the property of the holder of the permit; and
25 (b) may be destroyed, sold or otherwise disposed of by the
holder of the permit.
page 35
Waste Avoidance and Resource Recovery Bill 2007
Part 6 Waste services
Division 3 Local laws and local government rates, fees and charges
s. 61
Division 3 -- Local laws and local government rates, fees
and charges
61. Local laws in respect of waste management
(1) A local government --
5 (a) may, if the CEO consents; and
(b) must, if the CEO so directs,
make local laws in accordance with the Local Government
Act 1995 Part 3 Division 2 Subdivision 2 for the purposes
specified in section 64 or generally for carrying into effect the
10 provisions of this Part.
(2) A local government must repeal, amend or suspend the
operation of a local law if directed to do so by the CEO.
(3) The CEO must consult the local government before giving a
direction, or refusing to consent to the making of a local law,
15 under this section.
(4) The CEO must not give a direction to make a local law unless
the local law is relevant to the protection of human health or the
environment.
(5) A local government aggrieved by --
20 (a) a direction of the CEO given under this section; or
(b) a decision of the CEO to refuse to consent to the making
of local laws,
may apply to the State Administrative Tribunal for a review of
the direction or decision.
25 (6) The Local Government Act 1995 sections 3.14 and 3.17 do not
apply in relation to local laws made under this Act.
(7) The Local Government Act 1995 sections 3.12(3) and (4) and
3.13 do not apply if the local government is acting on the
direction of the CEO under subsection (1)(b) or (2).
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Waste Avoidance and Resource Recovery Bill 2007
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Local laws and local government rates, fees and charges Division 3
s. 62
(8) A local law is inoperative to the extent that it is inconsistent
with this Act or a regulation made under this Act.
62. Model local laws
(1) The Governor may cause to be prepared and published in the
5 Gazette model local laws the provisions of which a local law
made under this Act may adopt by reference, with or without
modification.
(2) Model local laws have no effect except to the extent that they
are adopted.
10 (3) The Governor may, by notice published in the Gazette, amend a
model local law published under this section.
(4) An amendment to a model local law does not affect any local
law that adopted the model local law before the amendment but
the amendment may be adopted by a further local law.
15 63. Governor may amend or repeal local laws
(1) The Governor may make a local law to amend the text of, or
repeal, a local law.
(2) Subsection (1) does not include the power to amend a local law
to include in it a provision that bears no reasonable relationship
20 to the local law as in force before the amendment.
(3) The Minister must give a local government notice in writing of
any local law that the Governor makes to amend the text of, or
repeal, any of the local government's local laws.
(4) A local law made under this section is to be taken, for all
25 purposes, to be a local law made by the local government which
made the local law that is amended or repealed.
page 37
Waste Avoidance and Resource Recovery Bill 2007
Part 6 Waste services
Division 3 Local laws and local government rates, fees and charges
s. 64
64. Subject matter of local laws
(1) In this section --
"owner", in relation to premises comprised of or on land, has
the meaning given in the Local Government Act 1995
5 section 1.4.
(2) Local laws may be made for all or any of the following
purposes --
(a) the provision and administration of waste services and
related matters;
10 (b) the establishment, provision, use and control of
receptacles for the deposit and collection of waste,
whether temporary or otherwise;
(c) if a local government itself undertakes or contracts for
removal of waste from premises, imposing on the owner
15 or occupier of the premises requirements in connection
with the removal so as to facilitate the removal, and
prescribing the manner in which the requirement is to be
complied with;
(d) if a local government or the holder of a waste collection
20 permit does not itself undertake or contract for removal
of waste from premises, imposing on the owner or
occupier of the premises a requirement to remove waste
from the premises, and prescribing the manner in which
the requirement is to be complied with;
25 (e) if a local government itself undertakes or contracts for
the removal of waste, requiring the waste to be placed in
waste receptacles provided by the local government;
(f) prescribing intervals at which the contents of the
receptacles will be removed by a local government;
30 (g) requiring the temporary placing of waste receptacles in
streets or lanes by owners or occupiers of property for
collection of waste, and requiring the replacement of the
receptacles on the property;
page 38
Waste Avoidance and Resource Recovery Bill 2007
Waste services Part 6
Local laws and local government rates, fees and charges Division 3
s. 65
(h) providing for the maintenance by owners and occupiers
of waste receptacles provided by a local government;
(i) providing for the issue of approvals to collect local
government waste and remove it from premises;
5 (j) fixing fees and charges in relation to waste services
provided by a local government and the issue of
approvals under paragraph (i), and prescribing the
persons liable and the method of recovery of amounts
not duly paid.
10 (3) A local law may provide that contravention of a provision of the
local law is an offence, and may provide for the offence to be
punishable on conviction by a penalty not exceeding a fine of
$5 000.
(4) If the offence is of a continuing nature, the local law may make
15 the person liable to a further penalty not exceeding a fine of
$500 in respect of each day or part of a day during which the
offence has continued.
(5) The local law may provide for the imposition of a minimum
penalty for the offence.
20 (6) The level of the penalty may be related to --
(a) the circumstances or extent of the offence; or
(b) whether the offender has committed previous offences
and, if so, the number of previous offences that the
offender has committed.
25 (7) A local law may specify the method and the means by which
any fines imposed are to be paid and collected, or recovered.
65. Enforcement of local laws
(1) Local laws made by a local government under this Act may be
enforced under the Local Government Act 1995 as if the local
30 laws were made by the local government under that Act.
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Waste Avoidance and Resource Recovery Bill 2007
Part 6 Waste services
Division 3 Local laws and local government rates, fees and charges
s. 66
(2) If there is a conflict or inconsistency between this Act and the
Local Government Act 1995 in relation to the enforcement of a
local law, the provisions of the Local Government Act 1995
prevail.
5 (3) Without limiting subsections (1) and (2), the Local Government
Act 1995 Part 9 Division 2 applies in relation to enforcement
and legal proceedings for an offence against a local law.
66. Local government may impose waste collection rate
(1) A local government may impose on rateable land within its
10 district, and cause to be collected, an annual rate for the purpose
of providing for the proper performance of all or any of the
waste services it provides.
(2) The annual rate must not exceed --
(a) 12 cents in the dollar on the gross rental value; or
15 (b) where the system of valuation on the basis of the
unimproved value is adopted, 3 cents in the dollar on the
unimproved value of the land in fee simple.
(3) The provisions of the Local Government Act 1995 relating to
the making, payment and recovery of general rates apply with
20 respect to rates referred to in subsection (1).
67. Local government may impose receptacle charge
(1) A local government may, in lieu of, or in addition to a rate
under section 66, provide for the proper disposal of waste,
whether within its district or not, by making an annual charge
25 per waste receptacle, payable in one sum or by equal monthly or
other instalments in advance, in respect of premises provided
with a waste service by the local government.
(2) The charge is to be imposed on the owner (as defined in
section 64(1)) or occupier, as the local government may decide,
30 of any premises provided with a waste service by the local
government.
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Waste Avoidance and Resource Recovery Bill 2007
Waste services Part 6
Offences Division 4
s. 68
(3) The provisions of the Local Government Act 1995 relating to
the recovery of general rates apply with respect to a charge
referred to in subsection (1).
(4) In the case of premises being erected and becoming occupied
5 during the year for which payment is to be made, the charge for
the service provided is to be the sum that proportionately
represents the period between the occupation of the premises
and the end of the year for which payment is made.
(5) Notice of any charge made under this section may be included
10 in any notice of rates imposed under section 66 or the Local
Government Act 1995, but the omission to give notice of a
charge does not affect the validity of the charge or the power of
the local government to recover the charge.
(6) A charge may be limited to premises in a particular portion of
15 the area under the control of the local government.
(7) Charges under this section may be imposed in respect of and are
to be payable for all premises in respect of which a waste
service is provided, whether such premises are rateable or not.
(8) A local government may make different charges for waste
20 services rendered in different portions of its district.
68. Fees and charges fixed by local government
Nothing in this Part prevents or restricts a local government
from imposing or recovering a fee or charge in respect of waste
services under the Local Government Act 1995 section 6.16.
25 Division 4 -- Offences
69. Waste collection not to be carried out by unauthorised
persons
A person other than a local government who, for fee or reward,
collects local government waste in a local government district
30 other than as authorised by --
(a) a written contract with the local government; or
page 41
Waste Avoidance and Resource Recovery Bill 2007
Part 6 Waste services
Division 4 Offences
s. 70
(b) an approval to collect local government waste issued by
a local government in accordance with regulations or
local laws; or
(c) a waste collection permit,
5 commits an offence.
Penalty: a fine of $10 000 and a daily penalty of $1 000.
70. Obstruction or hindrance
(1) A person who obstructs or hinders a local government or its
contractor, or the holder of a waste collection permit, in the
10 collection of local government waste commits an offence.
Penalty: a fine of $10 000.
(2) An occupier does not commit an offence under this section by
reason only of collecting or using, selling or otherwise
disposing of the occupier's own local government waste.
15 71. Services to be provided in accordance with waste plan or
permit
(1) A waste service in respect of local government waste provided
by a local government must be carried out --
(a) in accordance with section 43(2); and
20 (b) to the satisfaction of the CEO and, in the case of
services carried out by a contractor on behalf of a local
government, the local government.
(2) If --
(a) a waste service is not carried out in accordance with
25 subsection (1); or
(b) local government waste is not collected in accordance
with a condition of a waste collection permit to collect
that waste,
page 42
Waste Avoidance and Resource Recovery Bill 2007
Waste services Part 6
Offences Division 4
s. 71
and, by reason of that failure, waste has accumulated on
premises, the occupier of the premises may lodge an oral or
written complaint with --
(c) the local government in the case of services provided, or
5 that had been undertaken to be provided, by the local
government or its contractor; or
(d) the CEO in the case of services provided, or that had
been undertaken to be provided, by the holder of a waste
collection permit.
10 (3) If a complaint is lodged --
(a) under subsection (2)(c), the local government must give
written notice of the complaint to the contractor (if any)
by whom the services were, or should have been,
provided; or
15 (b) under subsection (2)(d), the CEO must give written
notice of the complaint to the holder of the waste
collection permit by whom the services were, or should
have been, provided.
(4) If --
20 (a) a complaint is lodged under subsection (2)(c) with a
local government in respect of waste services it
provided, or had undertaken to provide, itself; and
(b) the requisite service has not been provided and the cause
of complaint removed within 48 hours of the lodging of
25 the complaint; and
(c) the Executive Director, Public Health, by notice in
writing given to the CEO, declares that the failure to
provide the requisite service and remove the cause of
complaint has the potential to pose a risk to human
30 health,
the local government commits an offence.
Penalty: a fine of $10 000.
page 43
Waste Avoidance and Resource Recovery Bill 2007
Part 6 Waste services
Division 5 General
s. 72
(5) If --
(a) notice is served under subsection (3) on a contractor or
holder of a waste collection permit; and
(b) the requisite service has not been provided and the cause
5 of complaint removed within 48 hours of service of the
notice under subsection (3); and
(c) the Executive Director, Public Health, by notice in
writing given to the contractor or holder of the waste
collection permit, declares that the failure to provide the
10 requisite service and remove the cause of complaint has
the potential to pose a risk to human health,
the contractor or holder of the waste collection permit, as the
case requires, commits an offence.
Penalty: a fine of $10 000.
15 Division 5 -- General
72. Accumulation of waste -- prevention notice
(1) If --
(a) waste has accumulated on premises; and
(b) the CEO is of the opinion that the accumulation of waste
20 has caused, is causing or is about to cause conditions
detrimental to the environment or dangerous to human
health,
an inspector or authorised person may take action under the
EP Act section 73 or a prevention notice may be given under the
25 EP Act section 73A.
(2) Nothing in this section limits the operation of the EP Act.
page 44
Waste Avoidance and Resource Recovery Bill 2007
Collection and application of levy Part 7
Collection of levy imposed under Waste Avoidance and Division 1
Resource Recovery Levy Act 2007
s. 73
Part 7 -- Collection and application of levy
Division 1 -- Collection of levy imposed under Waste Avoidance
and Resource Recovery Levy Act 2007
73. Payment of levy
5 (1) A levy is due and payable at such time or times, and in such
manner, as is prescribed by the regulations.
(2) A levy is payable to the Minister.
(3) The regulations may provide for the refund or deduction of
amounts overpaid by way of levy and the payment of rebates.
10 74. Financial assurance
The regulations may make provision --
(a) empowering the CEO to require a licensee, or occupier
required under the EP Act to hold a licence, to provide a
financial assurance for the purpose of securing or
15 guaranteeing payment of a levy; and
(b) with respect to the form, amount, maintenance and
termination of the financial assurance; and
(c) with respect to the conditions and procedures under
which the financial assurance may be called on or used;
20 and
(d) with respect to matters necessary for, or incidental to,
the effective operation of a financial assurance.
75. Payment by instalments
(1) The regulations may provide for the payment of an amount of
25 the levy to be made by instalments, and, subject to
subsection (2), each instalment is due and payable at a time
ascertained in accordance with the regulations.
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Waste Avoidance and Resource Recovery Bill 2007
Part 7 Collection and application of levy
Division 1 Collection of levy imposed under Waste Avoidance and
Resource Recovery Levy Act 2007
s. 76
(2) If --
(a) the regulations provide for the payment of an amount of
a levy to be made by instalments; and
(b) an instalment is not paid at or before the time due for the
5 payment of the instalment,
the whole of the amount of the levy unpaid becomes due and
payable at that time.
76. Penalty for non-payment
(1) If an amount of a levy remains unpaid after the day on which it
10 becomes due for payment, there is payable to the Minister by
way of penalty, in addition to the amount of the levy, an amount
calculated at the rate of 20% per annum upon the amount of the
levy from time to time remaining unpaid.
(2) The amount by way of penalty referred to in subsection (1) is to
15 be calculated from the time when the amount of the levy
becomes payable.
77. Recovery of levy
The following amounts may be recovered by the Minister in a
court of competent jurisdiction as debts due to the Minister --
20 (a) a levy that is due and payable;
(b) an amount payable under section 76.
78. Evading levy
(1) A person who, by any wilful act, default or neglect, or by any
fraud, art or contrivance whatever, evades or attempts to evade
25 payment of all or any amount of a levy commits an offence.
Penalty: a fine of $10 000 and treble the amount evaded or
attempted to be evaded.
(2) The imposition on a person of a fine under subsection (1) does
not affect the liability of the person to pay the levy and penalty
30 under section 76.
page 46
Waste Avoidance and Resource Recovery Bill 2007
Collection and application of levy Part 7
Waste Avoidance and Resource Recovery Account Division 2
s. 79
Division 2 -- Waste Avoidance and Resource Recovery
Account
79. Waste Avoidance and Resource Recovery Account
(1) There is to be established and kept --
5 (a) as an agency special account established under the
Financial Management Act 2006 section 16; or
(b) with the approval of the Treasurer, at a bank as defined
in section 3 of that Act,
an account to be called the "Waste Avoidance and Resource
10 Recovery Account".
(2) The WARR Account is to be administered by the Waste
Authority.
(3) The WARR Account is to be credited with --
(a) any levy paid; and
15 (b) any amount paid by way of penalty under section 76;
and
(c) income derived from the investment of moneys forming
part of the WARR Account; and
(d) any other moneys lawfully payable to the credit of the
20 WARR Account.
80. Application of moneys in the WARR Account
(1) Moneys held in the WARR Account may be applied by the
Waste Authority, in a manner that is consistent with the current
business plan or is approved by the Minister --
25 (a) to fund programmes relating to the management,
reduction, reuse, recycling, monitoring or measurement
of waste; and
(b) to fund the preparation, review and amendment of the
waste strategy, waste plans under Part 4 and extended
page 47
Waste Avoidance and Resource Recovery Bill 2007
Part 7 Collection and application of levy
Division 2 Waste Avoidance and Resource Recovery Account
s. 80
producer responsibility schemes and the implementation
of that strategy and those plans and schemes; and
(c) in payment of the costs of administering the WARR
Account (including the costs of collecting levies and
5 penalties and support and evaluation services).
(2) The Waste Authority must --
(a) seek the advice of such other entities as the Waste
Authority thinks fit as to the setting and variation of a
levy; and
10 (b) from time to time develop and publish a statement of the
objectives to be achieved by programmes funded under
this section.
(3) Moneys held in the WARR Account may be paid to an entity by
the Waste Authority for the purposes of subsection (1)(a) on
15 such terms and conditions as the Waste Authority thinks fit.
(4) An entity to whom moneys are paid under subsection (1)(a) who
fails to ensure that --
(a) the moneys are only expended for the purposes of the
programme and in accordance with any terms or
20 conditions imposed by the Waste Authority; or
(b) a performance evaluation in respect of the programme
for which the moneys are paid is carried out in
accordance with any written direction of the Waste
Authority; or
25 (c) at such time or times as are prescribed by the
regulations, a special purpose audit is carried out by a
registered company auditor of the allocation and
expenditure of the moneys; or
(d) a report on the audit is prepared by the auditor and a
30 copy of the report is provided to the Waste Authority as
soon as is practicable after it is prepared,
commits an offence.
Penalty: a fine of $10 000.
page 48
Waste Avoidance and Resource Recovery Bill 2007
Collection and application of levy Part 7
Waste Avoidance and Resource Recovery Account Division 2
s. 81
(5) The annual report of the Department prepared for the purposes
of the Financial Management Act 2006 Part 5 must include a
summary of any written performance evaluation carried out
pursuant to a direction of the Waste Authority by an entity to
5 whom moneys are paid under subsection (3).
81. Application of Financial Management Act 2006
(1) The provisions of the Financial Management Act 2006
regulating the financial administration, audit and reporting of
departments apply to and in relation to the WARR Account.
10 (2) The administration of the WARR Account is for the purposes of
the Financial Management Act 2006 section 52 to be regarded
as a service of the Department.
page 49
Waste Avoidance and Resource Recovery Bill 2007
Part 8 Enforcement
Division 1 Investigation and obtaining information
s. 82
Part 8 -- Enforcement
Division 1 -- Investigation and obtaining information
82. Power to require information or material
(1) In this section --
5 "authorised person" means the CEO or an inspector authorised
for the purposes of this section in writing by the CEO.
(2) An authorised person, may, on the request of the Waste
Authority or otherwise for the purpose of assisting the Waste
Authority to perform its functions, require a person --
10 (a) to provide oral or written answers to specified questions;
or
(b) to produce to the authorised person specified material or
material of a specified class, in the person's possession
or control.
15 (3) The authorised person may make the requirement --
(a) if an oral response is required -- orally; or
(b) in any other case -- by notice given to the person to
whom the requirement is addressed.
(4) The authorised person must --
20 (a) allow a person a reasonable time within which to
comply with the requirement; and
(b) if the requirement is made by notice given to the person,
specify the time allowed in the notice.
(5) The authorised person may require a person to verify answers to
25 questions by statutory declaration.
(6) A person who does not comply with a requirement under this
section within the time allowed under subsection (4) or within
any further time allowed by the authorised person commits an
offence.
30 Penalty: a fine of $20 000.
page 50
Waste Avoidance and Resource Recovery Bill 2007
Enforcement Part 8
Investigation and obtaining information Division 1
s. 83
83. Inspectors
(1) An inspector appointed under the EP Act section 88 may also be
appointed under that section for the purposes of this Act.
(2) For the purposes of this Act, an inspector has all the functions
5 that the inspector has under the EP Act, and for those purposes
any relevant reference in the EP Act to "this Act" is to be read
and construed as if it were a reference to this Act.
(3) In addition to the functions of an inspector under the EP Act, an
inspector may at any time, and with any assistance the inspector
10 may require, enter any premises prescribed for the purposes of
the EP Act Part V on which waste is deposited or stored and on
those premises may do any act or thing, including the collection
and removal of samples, records or other things, which in the
opinion of the inspector is necessary to be done for a waste
15 inspection.
(4) In subsection (3) --
"waste inspection", in relation to waste deposited or stored on
premises prescribed for the purposes of the EP Act Part V,
means an inspection for any or all of the following
20 purposes --
(a) to ascertain whether there has been compliance with
this Act;
(b) to gather information as to the composition of the
waste;
25 (c) to gather information as to the processing of the
waste;
(d) to gather information as to the transport of the waste;
(e) to gather information as to any environmental harm
arising, or likely to arise, from the waste;
30 (f) to ascertain whether a liability to pay a levy or fee
under this Act has been met;
(g) to gather information relevant to ascertaining the
amount of a levy or fee under this Act;
page 51
Waste Avoidance and Resource Recovery Bill 2007
Part 8 Enforcement
Division 1 Investigation and obtaining information
s. 83
(h) to audit records required to be kept under this Act;
(i) to gather any information relevant to making a
decision under this Act;
(j) any other purpose relevant to the administration of
5 this Act.
(5) When an inspector exercises a power of entry under
subsection (3), the inspector may do any or all of the
following --
(a) search the premises and examine anything on the
10 premises;
(b) take possession of, and remove from the premises,
samples, documents or anything else relevant to the
inspection;
(c) take extracts from or make copies of, or download or
15 print out, any documents found in the course of carrying
out his or her functions under this Act;
(d) photograph or film anything on the premises;
(e) require any person who is on the premises --
(i) to state his or her full name and address; and
20 (ii) to answer (orally or in writing) questions put by
the inspector that are relevant to the inspection;
and
(iii) to give the inspector any information in the
person's possession or control that is relevant to
25 the inspection; and
(iv) to operate or allow the inspector to operate
equipment or facilities on the premises for waste
inspection purposes; and
(v) to give the inspector any translation, code,
30 password or other information necessary to gain
access to or to interpret and understand any
document or information located or obtained by
page 52
Waste Avoidance and Resource Recovery Bill 2007
Enforcement Part 8
Investigation and obtaining information Division 1
s. 84
the inspector in the course of exercising his or
her functions under this Act; and
(vi) to give other assistance that the inspector
reasonably requires to carry out the inspection.
5 (6) A person who does not comply with a requirement under
subsection (5)(e) commits an offence.
Penalty: a fine of $20 000.
84. Authorised persons and analysts
(1) An authorised person appointed under the EP Act section 87
10 may also be appointed under that section for the purposes of
this Act.
(2) For the purposes of this Act, an authorised person has all the
functions that the person has under the EP Act, and for those
purposes any relevant reference in the EP Act to "this Act" is to
15 be read and construed as if it were a reference to this Act.
(3) An analyst appointed under the EP Act section 94 may also be
appointed under that section for the purposes of this Act.
85. Audit may be directed by CEO
(1) In this section --
20 "approved auditor", in relation to an audit, means a person
approved by the CEO under subsection (5).
(2) The CEO may direct a person who is involved in the control or
management of premises on which waste is deposited or stored
to engage and pay for an approved auditor to conduct an audit
25 into and report to the CEO about all or any of the following --
(a) the composition or quantity of waste deposited or stored
on the premises;
(b) the risk to people, property or the environment from
waste deposited or stored on the premises;
30 (c) the safety of the premises or of any activities on the
premises.
page 53
Waste Avoidance and Resource Recovery Bill 2007
Part 8 Enforcement
Division 2 General
s. 86
(3) The direction must --
(a) state the reasons for and the objectives of the audit; and
(b) specify the matters in subsection (2) to be audited; and
(c) set a date on or before which the report must be given to
5 the CEO.
(4) The CEO may at any time amend or cancel a direction given
under this section.
(5) For the purposes of this section the CEO may approve a person
as an auditor in relation to an audit if the CEO is satisfied the
10 person --
(a) has qualifications and experience that are appropriate to
the audit; and
(b) is independent of the premises where the audit is to be
conducted and of any business conducted there; and
15 (c) is able to conduct the audit and to prepare a report in
accordance with the direction given as to the audit.
(6) A person who does not comply with a direction given by the
CEO under this section commits an offence.
Penalty: a fine of $25 000.
20 (7) A person aggrieved by a direction given by the CEO under this
section may apply to the State Administrative Tribunal for a
review of the direction.
Division 2 -- General
86. Who can institute proceedings for offences
25 (1) Proceedings for an offence against this Act are not to be
instituted otherwise than by the CEO or a person authorised to
do so by the CEO.
(2) An authorisation under subsection (1) --
(a) must be in writing; and
page 54
Waste Avoidance and Resource Recovery Bill 2007
Enforcement Part 8
General Division 2
s. 87
(b) may be given generally or in relation to a specified
offence or specified offences.
(3) If a prosecution notice alleging an offence under this Act
purports to be made or sworn by a person authorised to institute
5 proceedings for offences of that kind, it is to be presumed, in the
absence of proof to the contrary, that the prosecution notice was
made or sworn by such a person.
87. Time for bringing prosecutions
(1) A prosecution for an offence under this Act must be
10 commenced within 2 years after the date on which the offence is
alleged to have been committed.
(2) Despite subsection (1), if a prosecution notice alleging an
offence under this Act specifies the day on which evidence of
the alleged offence first came to the attention of a person
15 authorised to institute the prosecution under section 86 --
(a) the prosecution may be commenced within 2 years after
that day; and
(b) the prosecution notice need not contain particulars of the
day on which the offence is alleged to have been
20 committed.
(3) The day on which evidence first came to the attention of a
person authorised to institute a prosecution under section 86 is
the day specified in the prosecution notice, unless the contrary is
shown.
25 88. Daily penalties
(1) Without limiting the Interpretation Act 1984 section 71, where
an offence is committed by a person by reason of the
contravention of a provision of this Act under which the person
is required or directed to do any act or thing, or to refrain from
30 doing any act or thing, that offence is to be taken to have
continued so long as the act or thing so required or directed
remains undone, or continues to be done, as the case may be.
page 55
Waste Avoidance and Resource Recovery Bill 2007
Part 8 Enforcement
Division 2 General
s. 89
(2) In addition to a penalty specified for an offence, a person
convicted of an offence is liable to a daily penalty not exceeding
the daily penalty specified for the offence for each day or part of
a day during which the offence continues after written notice of
5 the alleged offence has been given by the CEO to the offender.
(3) In addition to a penalty specified for an offence, a person
convicted of an offence is liable to a daily penalty not exceeding
the daily penalty specified for the offence for each day or part of
a day during which the offence continues after the offender is
10 convicted.
89. Attempt, incitement or accessory after the fact
(1) The Criminal Code section 555A applies to an offence under
this Act as if it were a simple offence under that Code.
(2) A person who becomes an accessory after the fact to an offence
15 under this Act (the "principal offence") within the meaning of
The Criminal Code section 10 commits an offence and is liable
on conviction to the penalty to which a person convicted of the
principal offence is liable.
90. Additional powers available to the court
20 The provisions of the EP Act Part VIA Division 4 apply to and
in relation to this Act as if --
(a) a reference in those provisions to "this Division" were a
reference to this Part; and
(b) a reference in those provisions to "this Act" were a
25 reference to this Act.
page 56
Waste Avoidance and Resource Recovery Bill 2007
General provisions Part 9
s. 91
Part 9 -- General provisions
91. Confidentiality
The CEO, an inspector, authorised person or any other person
performing functions under this Act must not, directly or
5 indirectly, record, disclose or make use of any information
obtained in the course of duty except --
(a) for the purpose of performing functions under this Act;
or
(b) as required or allowed by this Act or under a written
10 law; or
(c) with the written consent of the person to whom the
information relates.
Penalty: a fine of $25 000.
92. Delegation
15 (1) The Minister may delegate to a person referred to in
subsection (4) any power or duty of the Minister under a
provision of this Act (other than this section or section 80(1)).
(2) The CEO may delegate to a person referred to in subsection (4)
any power or duty of the CEO under another provision of
20 this Act.
(3) The Waste Authority may delegate to a person referred to in
subsection (4) any power or duty of the Waste Authority under
another provision of this Act.
(4) A delegation under subsection (1), (2) or (3) may be made to --
25 (a) any officer or other person referred to in the EP Act
section 22; or
(b) a public authority or officer or employee of a public
authority; or
(c) any other person or committee of persons,
30 specified in the instrument of delegation.
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Waste Avoidance and Resource Recovery Bill 2007
Part 9 General provisions
s. 93
(5) The delegation must be in writing executed by the Minister,
CEO or Waste Authority, as the case requires.
(6) A person to whom a power or duty is delegated under this
section cannot delegate that power or duty.
5 (7) A person exercising or performing a power or duty that has been
delegated to the person under this section is to be taken to do so
in accordance with the terms of the delegation unless the
contrary is shown.
(8) Nothing in this section limits the ability of the Minister, the
10 CEO or the Waste Authority to act through an officer or agent.
93. Other provisions of EP Act apply
Sections 93, 112, 112A, 115, 116, 117, 118, 119 and 120 of the
EP Act apply to and in relation to this Act as if --
(a) a reference in those sections to "this Act" were a
15 reference to this Act; and
(b) a reference in those sections to "the Authority" were a
reference to the Waste Authority; and
(c) a reference in section 112A to "Part VI" were a
reference to this Act.
20 94. Protection from liability for wrongdoing
(1) An action in tort does not lie against a person for anything that
the person has done, in good faith, in the performance or
purported performance of a function under this Act.
(2) The protection given by subsection (1) applies even though the
25 thing done as described in that subsection may have been
capable of being done whether or not this Act had been enacted.
(3) Despite subsection (1), the Crown is not relieved of any liability
that it might have for another person having done anything as
described in that subsection.
page 58
Waste Avoidance and Resource Recovery Bill 2007
General provisions Part 9
s. 95
(4) In this section, a reference to the doing of anything includes a
reference to an omission to do anything.
95. Laying documents before Parliament
(1) If a provision of this Act requires the Minister to cause a
5 document to be laid before each House of Parliament, or be
dealt with under this section, within a period and --
(a) at the commencement of the period, a House of
Parliament is not sitting; and
(b) the Minister is of the opinion that the House will not sit
10 during that period,
the Minister must transmit a copy of the document to the Clerk
of that House.
(2) A copy of a document transmitted to the Clerk of a House is to
be regarded as having been laid before that House.
15 (3) The laying of a copy of a document that is regarded as having
occurred under subsection (2) must be recorded in the Minutes,
or Votes and Proceedings, of the House on the first sitting day
of the House after the Clerk received the copy.
96. Regulations
20 (1) The Governor may make regulations prescribing all matters
required or permitted by this Act to be prescribed or necessary
or convenient to be prescribed for carrying out this Act.
(2) Without limiting subsection (1), regulations may be made under
that subsection in respect of the matters set out in Schedule 3.
25 (3) The EP Act section 123(3)(b) applies with respect to regulations
made under this Act.
(4) If a regulation made under this Act is inconsistent with a
regulation made under the EP Act, the regulation made under
the EP Act prevails to the extent of the inconsistency.
page 59
Waste Avoidance and Resource Recovery Bill 2007
Part 9 General provisions
s. 97
97. Regulations to operate as local laws
(1) The Governor may make regulations that are to operate as if
they were local laws for each district to which they apply.
(2) Regulations made under this section may deal with any matter
5 in respect of which local laws may be made under Part 6
Division 3.
(3) Regulations under this section, other than those that only repeal
or amend other regulations, are to contain a statement to the
effect that they apply as if they were local laws.
10 (4) A local government is to administer any regulation made under
this section, to the extent that it relates to any place where the
local government may perform functions, as if the regulation
was a local law.
98. Regulations, local laws and waste strategy may adopt codes
15 or legislation and other references
(1) In this section --
"code" means a code, standard, rule, specification or other
document, made in or outside Australia, that does not by
itself have legislative effect in this State.
20 (2) Regulations, local laws and the waste strategy may adopt, either
wholly or in part with or without modifications and either
specifically or by reference --
(a) any code; or
(b) any subsidiary legislation, made, determined or issued
25 under any other Act or under any Act of the
Commonwealth, another State or a Territory.
(3) If the regulations, local laws or waste strategy adopt a code or
subsidiary legislation, it is adopted as in force from time to time
unless the regulations, local laws or waste strategy specify that a
30 particular text is adopted.
page 60
Waste Avoidance and Resource Recovery Bill 2007
General provisions Part 9
s. 99
(4) The CEO must ensure that any code or subsidiary legislation
adopted under subsection (2) is --
(a) available for public inspection during normal office
hours at a place prescribed by regulation; and
5 (b) published on, or accessible through, the Department's
website on the internet or another site on the internet
approved under the regulations.
(5) In any proceedings under this Act, production of a copy of a
code or subsidiary legislation adopted under subsection (2)
10 purporting to be certified by the CEO to be a true copy as at any
date or during any period is, without proof of the signature of
the CEO, sufficient evidence of the content of the code or
subsidiary legislation as at that date or during that period.
99. Review of Act
15 (1) The Minister must carry out a review of the operation and
effectiveness of this Act as soon as practicable after --
(a) the fifth anniversary of its commencement; and
(b) the expiry of each 5 yearly interval after that
anniversary.
20 (2) The Minister must prepare a report based on the review and, as
soon as practicable after the report is prepared (and in any event
not more than 12 months after the relevant anniversary), cause it
to be laid before each House of Parliament.
100. Consequential amendments
25 Each Act specified in Schedule 4 is amended as set out in that
Schedule.
101. Transitional and savings provisions
Schedule 5 sets out transitional and savings provisions.
page 61
Waste Avoidance and Resource Recovery Bill 2007
Schedule 1 Constitution and proceedings of the Waste Authority
Division 1 General provisions
cl. 1
Schedule 1 -- Constitution and proceedings of the
Waste Authority
[s. 14]
Division 1 -- General provisions
5 1. Meaning of terms used in this Schedule
In this Schedule --
"chairman" means chairman of the Waste Authority;
"deputy chairman" means the deputy chairman of the Waste
Authority.
10 2. Term of office
A member holds office for such term, not exceeding 5 years, as is
specified in the instrument of his or her appointment, but may from
time to time be reappointed.
3. Resignation, removal
15 (1) The office of a member becomes vacant if the member --
(a) resigns the office by written notice addressed to the Minister;
or
(b) is an insolvent under administration as defined in the
Corporations Act 2001 of the Commonwealth; or
20 (c) is removed from office by the Minister under subclause (2).
(2) The Minister may remove a member from office if the Minister is
satisfied that the member --
(a) has neglected his or her duty; or
(b) has misbehaved; or
25 (c) is incompetent; or
(d) is suffering from mental or physical incapacity impairing the
performance of his or her functions; or
(e) has been absent, without leave and reasonable excuse, from
3 consecutive meetings of the Waste Authority of which the
30 member has had notice.
page 62
Waste Avoidance and Resource Recovery Bill 2007
Constitution and proceedings of the Waste Authority Schedule 1
Proceedings of Waste Authority Division 2
cl. 4
4. Leave of absence
The Waste Authority may grant leave of absence to a member on such
terms and conditions as it thinks fit.
5. Chairman unable to act
5 If the chairman is unable to act by reason of sickness, absence or other
cause, or during any vacancy in that office, the deputy chairman must
perform the functions of the chairman.
6. Acting members
(1) If a member, other than the chairman, is unable to act by reason of
10 sickness, absence or other cause, the Minister may appoint a person to
act in the place of that member during the unavailability or absence.
(2) If the member who is the deputy chairman is performing the functions
of the chairman, the Minister may appoint another person to act in the
place of the deputy chairman.
15 (3) While acting in the place of a member, the acting member has all of
the functions, powers and immunities of the member.
(4) The appointment of a person under this clause may be terminated at
any time by the Minister.
7. Saving
20 An act or omission of a person acting in place of another under
clause 5 or 6 cannot be questioned on the ground that the occasion for
the acting had not arisen or had ceased.
Division 2 -- Proceedings of Waste Authority
8. Meetings
25 (1) Subject to this clause, meetings are to be held at the times and places
that the Waste Authority determines.
(2) A special meeting of the Waste Authority may at any time be
convened by --
(a) the chairman; or
30 (b) any 3 members; or
page 63
Waste Avoidance and Resource Recovery Bill 2007
Schedule 1 Constitution and proceedings of the Waste Authority
Division 2 Proceedings of Waste Authority
cl. 9
(c) the Minister, if the Minister wishes the Waste Authority to
discuss a matter on which the Minister has requested its
advice.
(3) The first meeting of the Waste Authority after the coming into
5 operation of this Act is to be convened by the chairman.
(4) The chairman, or the deputy chairman acting under clause 5, must
preside at all meetings of the Waste Authority at which he or she is
present or participating under clause 12.
(5) If both the chairman and the deputy chairman are not present or
10 participating under clause 12, the members present or participating are
to appoint a member to preside.
(6) At any meeting of the Waste Authority 3 members constitute a
quorum.
9. Voting
15 (1) At any meeting of the Waste Authority each member present or
participating under clause 12 has a deliberative vote.
(2) The member presiding has a casting vote in addition to a deliberative
vote if the votes are otherwise equal.
10. Minutes
20 (1) The Waste Authority must cause accurate minutes to be kept of the
proceedings at its meetings.
(2) The Waste Authority must submit to the Minister a copy of the
minutes of a meeting within 14 days after the meeting at which the
minutes were confirmed was held.
25 11. Resolution without meeting
(1) A resolution of the Waste Authority in writing signed by each
member, or assented to by each member by letter, facsimile, email or
other similar means is as effectual as if it had been passed at a
meeting of the Waste Authority.
30 (2) The Waste Authority must cause a record to be kept of each resolution
under subclause (1).
page 64
Waste Avoidance and Resource Recovery Bill 2007
Constitution and proceedings of the Waste Authority Schedule 1
Disclosure of interests etc. Division 3
cl. 12
12. Holding meetings remotely
The presence of a member at a meeting of the Waste Authority need
not be by attendance in person but may be by that member and each
other member at the meeting being simultaneously in contact by
5 telephone or other means of instantaneous communication.
13. Waste Authority to determine own procedures
Subject to this Act, the Waste Authority may determine its own
procedures.
Division 3 -- Disclosure of interests etc.
10 14. Disclosure of interests
(1) A member of the Waste Authority who has a material personal
interest in a matter being considered or about to be considered by the
Waste Authority must, as soon as possible after the relevant facts have
come to the member's knowledge, disclose the nature of the interest at
15 a meeting of the Waste Authority.
Penalty: a fine of $10 000.
(2) A disclosure under subclause (1) must be recorded in the minutes of
the meeting.
15. Voting by interested members
20 A member of the Waste Authority who has a material personal
interest in a matter that is being considered by the Waste Authority --
(a) must not vote whether at a meeting or otherwise --
(i) on the matter; or
(ii) on a proposed resolution under clause 16 in respect of
25 that matter, whether relating to that member or a
different member;
and
(b) must not be present while the matter, or a proposed resolution
of the kind referred to in paragraph (a)(ii), is being considered
30 at a meeting.
page 65
Waste Avoidance and Resource Recovery Bill 2007
Schedule 1 Constitution and proceedings of the Waste Authority
Division 3 Disclosure of interests etc.
cl. 16
16. Clause 15 may be declared inapplicable
Clause 15 does not apply if the Waste Authority has at any time
passed a resolution that --
(a) specifies the member, the interest and the matter; and
5 (b) states that the members voting for the resolution are satisfied
that the interest should not disqualify the member from
considering or voting on the matter.
17. Quorum where clause 15 applies
(1) Despite clause 8(6), if a member of the Waste Authority is
10 disqualified under clause 15 in relation to a matter, a quorum is
present during the consideration of the matter if at least 2 members
are present who are entitled to vote on any motion that may be moved
at the meeting in relation to the matter.
(2) The Minister may deal with a matter insofar as the Waste Authority
15 cannot deal with it because of subclause (1).
18. Minister may declare clauses 15 and 17 inapplicable
(1) The Minister may by writing declare that clause 15 or 17 or both of
them do not apply in relation to a specified matter either generally or
in voting on particular resolutions.
20 (2) The Minister must cause a copy of the declaration under subclause (1)
to be laid before each House of Parliament, or be dealt with under
section 95, within 14 days after a declaration is made.
page 66
Waste Avoidance and Resource Recovery Bill 2007
Functions of the Waste Authority Schedule 2
Schedule 2 -- Functions of the Waste Authority
[s. 19(1)]
1. To --
(a) advise and make recommendations to the Minister on matters
5 relating to this Act; and
(b) inquire into and advise the Minister or the CEO on any matter
relating to this Act on which the Minister or CEO requests
advice; and
(c) advise and make recommendations to the CEO on the
10 regulation of waste services; and
(d) advise and make recommendations to the CEO with respect
to subsidiary legislation under this Act.
2. To act as an advocate for the objects of this Act.
3. To develop, promote and review the waste strategy and coordinate its
15 implementation.
4. To monitor and assess the adequacy of, and report to the Minister on
the operation of, the waste strategy, product stewardship plans and
extended producer responsibility schemes.
5. To promote community awareness and understanding of resource
20 efficiency, waste avoidance and resource recovery.
6. To support State and Commonwealth policies which will enhance
progress towards zero waste.
7. To promote resource efficiency, waste avoidance and resource
recovery.
25 8. To promote coordination between organisations seeking to prevent
waste.
9. To liaise with local governments to ensure that the provisions of this
Act are enforced in the districts of those local governments.
10. To cooperate with local governments to coordinate local efforts to
30 prevent waste.
11. To receive representations on waste management issues from
members of the public.
page 67
Waste Avoidance and Resource Recovery Bill 2007
Schedule 2 Functions of the Waste Authority
12. To promote market development for recovered resources and recycled
materials.
13. To promote the development of locally owned resource recovery
infrastructure.
5 14. To ensure that the appropriate investigations, audits and inspections in
relation to the application of moneys from the WARR Fund are
carried out.
15. To take appropriate measures to bring the provisions of this Act to the
attention of the public.
10 16. To do such other acts and things as are conducive to the prevention
and control of waste.
17. To perform such other functions as are conferred on it under this Act
or are referred to it by the Minister.
page 68
Waste Avoidance and Resource Recovery Bill 2007
Matters in respect of which regulations may be made Schedule 3
General Division 1
Schedule 3 -- Matters in respect of which regulations
may be made
[s. 96]
Division 1 -- General
5 1. Providing for the form and content of any notice.
2. Providing for the keeping, inspection and production of reports,
records, returns, registers and other information.
3. Providing for the imposition of fees and charges.
4. Providing for the recovery of expenses incurred by the CEO or a local
10 government.
5. Prescribing offences under the regulations and penalties for the
commission of those offences not exceeding $10 000, with or without
a daily penalty of not more than $1 000.
6. Providing for review by the State Administrative Tribunal of
15 decisions made under the regulations.
Division 2 -- Waste collection and facilities
7. Regulating the operation of waste facilities, and the treatment,
storage, processing, recycling or disposal of waste at waste facilities.
8. Regulating the use of receptacles for waste.
20 9. Regulating waste services.
10. Regulating the transportation of waste.
11. Regulating the creation, collection, storage, handling, processing,
recycling and disposal of waste.
12. Providing for waste collection permits.
25 13. Regulating the issue by local governments of approvals to collect
local government waste.
14. Providing for the provision of information relating to the operation of
waste facilities and the transportation of waste.
page 69
Waste Avoidance and Resource Recovery Bill 2007
Schedule 3 Matters in respect of which regulations may be made
Division 3 Product stewardship
15. Prohibiting the disposal to landfill or other waste facilities of specified
waste or classes of waste (including any products that are or have
been included in an extended producer responsibility scheme).
Division 3 -- Product stewardship
5 16. Making provision in relation to assisting in the negotiation of, and
assessing the implementation and operation of, product stewardship
plans.
17. Regulating the implementation, operation and enforcement of
extended producer responsibility schemes.
10 18. Without limiting the Interpretation Act 1984 section 43(8)(d),
exempting persons or products, or classes of person or product, from
all or any of the provisions of the regulations applying to extended
producer responsibility schemes, and specifying circumstances in
which and conditions subject to which an exemption applies.
15 19. Without limiting item 17, requiring a person who manufactures,
distributes or sells a product to do all or any of the following --
(a) provide consumer information on the use and disposal of the
product and its by-products;
(b) operate collection facilities for the product and its
20 by-products;
(c) collect or accept the product and its by-products for disposal
from a consumer of the product;
(d) dispose of the product in accordance with the regulations.
20. Without limiting item 17, prescribing products for which a fee,
25 deposit or bond for the collection, recycling or disposal of the product
must be paid and --
(a) regulating the collection of the fee, deposit or bond; and
(b) regulating the circumstances in which the fee, deposit or bond
and a refund of the fee, deposit or bond will apply; and
30 (c) providing for the amount of the fee, deposit or bond or
refund; and
(d) providing for the time at which the fee, deposit, bond or
refund must be paid.
page 70
Waste Avoidance and Resource Recovery Bill 2007
Matters in respect of which regulations may be made Schedule 3
Product stewardship Division 3
21. Concerning the control and management of fees, deposits or bonds
paid under the regulations including --
(a) requiring the person who collects the fee, deposit or bond to
forward the fee, deposit or bond to a person specified in the
5 regulations; and
(b) making provision as to who is empowered to hold the fee,
deposit or bond and where the fee, deposit or bond must be
held; and
(c) providing for the application of the fee, deposit or bond and
10 interest from the fee, deposit or bond.
22. Providing for the establishment of, and regulating the operation of,
collection facilities for products and their by-products.
23. Requiring a producer of a product to formulate and implement a
management plan with respect to the product, specifying the matters
15 to be dealt with in the management plan, providing for approval of the
management plan and requiring compliance with the management
plan.
24. Providing for proof of payment of fees, deposits or bonds under the
regulations and its evidential status.
page 71
Waste Avoidance and Resource Recovery Bill 2007
Schedule 4 Amendments and repeals
cl. 1
Schedule 4 -- Amendments and repeals
[s. 100]
1. Constitution Acts Amendment Act 1899 amended
(1) The amendment in this clause is to the Constitution Acts Amendment
5 Act 1899.
(2) Schedule V Part 3 is amended by inserting after the item relating to
the Veterinary Surgeons' Board the following item --
"
The Waste Authority established under the Waste Avoidance
10 and Resource Recovery Act 2007.
".
2. Environmental Protection Act 1986 amended
(1) The amendments in this clause are to the Environmental Protection
Act 1986.
15 (2) Section 3(1) is amended by deleting the definition of "Waste
Management (WA)".
(3) Part VIIA is repealed.
(4) Part VIIB is repealed.
(5) Schedule 2 item 33 is amended by inserting after "controlling the" --
20 " collection, ".
3. Environmental Protection (Landfill) Levy Act 1998 repealed
The Environmental Protection (Landfill) Levy Act 1998 is repealed.
4. Health Act 1911 amended
(1) The amendments in this clause are to the Health Act 1911.
25 (2) Section 41 is amended by deleting "refuse" and inserting instead --
" sewage ".
(3) Section 106(1) is amended by deleting ", rubbish or refuse".
page 72
Waste Avoidance and Resource Recovery Bill 2007
Amendments and repeals Schedule 4
cl. 5
(4) Section 111 is amended by deleting ", rubbish, or refuse".
(5) Section 112(1) is amended by deleting paragraph (a) and
paragraphs (f) to (h).
(6) Sections 112A, 114(2), 115, 118 and 134(20), (21), (22), (23), (24)
5 and (30) are repealed.
(7) The Table to section 344C is amended as follows:
(a) by deleting "112A(1)(b) and (3)(b),";
(b) by deleting "(30),".
(8) Schedule 5 is amended by deleting "112A(4),".
10 5. Public Works Act 1902 amended
(1) The amendment in this clause is to the Public Works Act 1902.
(2) After section 111 the following Part is inserted --
"
Part VIA -- Miscellaneous
15 112. Waste management operations at Mt Walton
(1) In this section --
"waste" has the meaning given by the Waste
Avoidance and Resource Recovery Act 2007;
"waste management operation" means an operation
20 for the collection, transport, receipt, storage,
treatment or disposal of waste, or for 2 or more of
those activities.
(2) Subject to the Waste Avoidance and Resource
Recovery Act 2007, the Environmental Protection
25 Act 1986 and any other written law relating to the
treatment and disposal of waste, the Minister may, but
is not obliged to --
(a) carry on waste management operations at or in
relation to the intractable waste disposal facility
page 73
Waste Avoidance and Resource Recovery Bill 2007
Schedule 4 Amendments and repeals
cl. 5
operated at Mt Walton East, Shire of
Coolgardie; and
(b) do all things necessary or convenient to be done
for or in connection with the performance of
5 functions under paragraph (a).
(3) Without limiting subsection (2), the Minister may, for
the purpose of performing any function under this
section --
(a) enter into any contract or arrangement,
10 including a contract or arrangement with any
person for --
(i) the performance of the function by that
person on behalf of the Minister; or
(ii) the supply of equipment or services;
15 and
(b) charge for the use of services or facilities.
113. Delegation of powers and duties under section 112
(1) In this section --
"public authority" means --
20 (a) a Minister of the State;
(b) an agency, authority or instrumentality of the
State; or
(c) a local government; or
(d) a body, whether corporate or unincorporate,
25 that is established or continued for a public
purpose under a written law.
(2) Without limiting sections 5A and 5B, the Minister may
delegate any power or duty of the Minister under
section 112 to --
30 (a) a public authority or an officer or employee of a
public authority; or
(b) any other person.
page 74
Waste Avoidance and Resource Recovery Bill 2007
Amendments and repeals Schedule 4
cl. 5
(3) Notice of the delegation is to be published in the
Gazette.
(4) A person exercising or performing a power or duty that
has been delegated to the person under this section is
5 taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
(5) Nothing in this section limits the ability of the Minister
to perform a function through an officer or agent.
".
page 75
Waste Avoidance and Resource Recovery Bill 2007
Schedule 5 Savings and transitional provisions
cl. 1
Schedule 5 -- Savings and transitional provisions
[s. 101]
1. Terms used in this Schedule
In this Schedule --
5 "commencement day" means the day on which section 101 comes
into operation.
2. Application of the Interpretation Act 1984
(1) The provisions of the Interpretation Act 1984 (for example
sections 36 and 38) about the repeal of written laws and the
10 substitution of other written laws for those so repealed apply to the
repeal of the Environmental Protection (Landfill) Levy Act 1998 and
its substitution by the Waste Avoidance and Resource Recovery Levy
Act 2007 as if the repeal and substitution were effected under this Act.
(2) The other provisions of this Schedule are additional to the provisions
15 applied by subclause (1).
3. Local laws under Health Act 1911 continued
(1) Any local law made by a local government under the Health Act 1911
section 112A or 134(20), (21), (22), (23), (24), (29) (in relation to
waste services) or (30) and of effect on the commencement day
20 continues to be of effect as if it were made under this Act and may be
amended or repealed accordingly.
(2) For the purposes of the Local Government Act 1995 section 3.16(1) a
local law referred to in subclause (1) and made after the coming into
operation of the Local Government Act 1995 is to be regarded as
25 having commenced on the day on which it was made under the Health
Act 1911.
4. Fees and charges fixed under Health Act 1911 continued
(1) Any charge fixed under the Health Act 1911 section 106 that is
imposed per waste receptacle continues to be of effect as if it were a
30 charge imposed under section 67.
(2) Any fee or charge for the removal of refuse fixed by resolution by a
local government under the Health Act 1911 section 344C and of
page 76
Waste Avoidance and Resource Recovery Bill 2007
Savings and transitional provisions Schedule 5
cl. 5
effect on the commencement day continues to be of effect as if it were
a fee or charge prescribed by local law under this Act.
5. Regulations
The regulations made for the purposes of the Environmental
5 Protection Act 1986 Part VIIA or the Environmental Protection
(Landfill) Levy Act 1998 section 4 that were in force immediately
before the commencement day continue in force as if they were
regulations made under this Act and may be amended or repealed
accordingly.
10 6. Waste Management and Recycling Fund
(1) In this section --
"former fund" means the Waste Management and Recycling Fund
established under the EP Act section 110H.
(2) On the commencement day any moneys standing to the credit of the
15 former fund are to be credited to the WARR Account to be applied --
(a) in the payment of any liabilities of the former fund which
arose before the commencement day; and
(b) for the purposes set out in section 80,
and the former account is then to be closed.
20 (3) The WARR Account is to be credited with any moneys that became
payable to the former fund before the commencement day and that is
paid after that day.
7. Waste Management (WA): devolution of assets and liabilities
(1) In this clause --
25 "assets" means --
(a) property of every kind whether tangible or intangible, real
or personal, corporeal or incorporeal; and
(b) without limiting paragraph (a) includes choses in action,
goodwill, rights, interests and claims of every kind in or to
30 property, whether arising from, accruing under, created or
evidenced by or the subject of, an instrument or otherwise
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Waste Avoidance and Resource Recovery Bill 2007
Schedule 5 Savings and transitional provisions
cl. 7
and whether liquidated or unliquidated, actual, contingent
or prospective;
"liability" means any liability, duty or obligation whether actual,
contingent or prospective, liquidated or unliquidated, or whether
5 owned alone or jointly or jointly and severally with any other
person;
"right" means any right, power, privilege or immunity whether
actual, prospective or contingent;
"Waste Management (WA)" means the body established under the
10 EP Act section 110L.
(2) On and after the commencement day --
(a) the assets and rights of Waste Management (WA) that were
immediately before that day vested in Waste Management
(WA) vest in the State by force of this clause; and
15 (b) the liabilities of Waste Management (WA) (including a share
of a liability) immediately before that day become, by force
of this clause, the liabilities of the State; and
(c) any proceeding or remedy that immediately before that day
might have been brought or continued by or available against
20 or to Waste Management (WA), may be brought or continued
and are available, by or against or to the State; and
(d) all records and data of Waste Management (WA) pass to the
State.
(3) Any agreement or instrument subsisting immediately before the
25 commencement day --
(a) to which Waste Management (WA) was a party; or
(b) which contains a reference to Waste Management (WA),
has effect on and after the commencement day as if --
(c) the State were substituted for Waste Management (WA) as a
30 party to the agreement or instrument; and
(d) any reference in the agreement or instrument to Waste
Management (WA) were (unless the context otherwise
requires) amended to be or include a reference to the State.
page 78
Waste Avoidance and Resource Recovery Bill 2007
Savings and transitional provisions Schedule 5
cl. 8
8. Transitional regulations
(1) If there is no sufficient provision in this Act for dealing with a
transitional matter, regulations under this Act may prescribe all
matters that are required or necessary or convenient to be prescribed
5 for dealing with the matter.
(2) In subclause (1) --
"transitional matter" means a matter that needs to be dealt with for
the purpose of --
(a) effecting the transition from the provisions repealed by
10 this Act to the provisions of this Act; or
(b) effecting the transition from the provisions of an Act
amended by a provision of this Act (the "amending
provision") as in force before the commencement day to
the provisions of that Act as in force after the
15 commencement day.
(3) Regulations made under subclause (1) may provide that specified
provisions of this Act as in force on or after the commencement day,
or of subsidiary legislation made under this Act, or of an Act amended
by this Act --
20 (a) do not apply; or
(b) apply with specified modifications,
to or in relation to any matter.
(4) If regulations made under subclause (1) provide that a specified state
of affairs is to be taken to have existed, or not to have existed, on and
25 from a day that is earlier than the day on which the regulations are
published in the Gazette but not earlier than the commencement day,
the regulations have effect according to their terms.
(5) In subclauses (3) and (4) --
"specified" means specified or described in the regulations.
30 (6) If regulations contain a provision referred to in subclause (4), the
provision does not operate so as to --
(a) affect in a manner prejudicial to any person (other than the
State, an authority of the State or a local government), the
page 79
Waste Avoidance and Resource Recovery Bill 2007
Schedule 5 Savings and transitional provisions
cl. 8
rights of that person existing before the day of publication of
those regulations; or
(b) impose liabilities on any person (other than the State, an
authority of the State or a local government) in respect of
5 anything done or omitted to be done before the day of
publication of those regulations.
page 80
Waste Avoidance and Resource Recovery Bill 2007
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
amending provision......................................................................Sch. 5, cl. 8(2)
approved auditor ........................................................................................ 85(1)
approved product stewardship plan...............................................................3(1)
assets ...........................................................................................Sch. 5, cl. 7(1)
authorised person ....................................................................................... 82(1)
business plan................................................................................................3(1)
CEO ............................................................................................................3(1)
chairman.......................................................................................... Sch. 1, cl. 1
code........................................................................................................... 98(1)
commencement day.......................................................................... Sch. 5, cl. 1
deputy chairman............................................................................... Sch. 1, cl. 1
district .........................................................................................................3(1)
document ................................................................................................... 22(1)
entity ...........................................................................................................3(1)
EP Act .........................................................................................................3(1)
EP authorisation...........................................................................................3(1)
Executive Director, Public Health.................................................................3(1)
extended producer responsibility scheme ......................................................3(1)
former fund..................................................................................Sch. 5, cl. 6(1)
information ................................................................................................ 22(1)
inspector ......................................................................................................3(1)
latest draft plan .......................................................................................... 38(1)
levy .............................................................................................................3(1)
liability ........................................................................................Sch. 5, cl. 7(1)
local government..........................................................................................3(1)
local government waste................................................................................3(1)
member........................................................................................................3(1)
officer of the Waste Authority.................................................................... 22(1)
plan for the future ...................................................................................... 40(1)
principal offence ........................................................................................ 89(2)
producer ......................................................................................................3(1)
product stewardship plan..............................................................................3(1)
public authority............................................................................................3(1)
right.............................................................................................Sch. 5, cl. 7(1)
specified ............................................................................49(2), Sch. 5, cl. 8(5)
transitional matter ........................................................................Sch. 5, cl. 8(2)
WARR Account...........................................................................................3(1)
waste ...........................................................................................................3(1)
Waste Authority...........................................................................................3(1)
page 81
Waste Avoidance and Resource Recovery Bill 2007
Defined Terms
waste collection permit.......................................................................3(1), 56(1)
waste facility................................................................................................3(1)
waste inspection......................................................................................... 83(4)
Waste Management (WA)............................................................Sch. 5, cl. 7(1)
waste service................................................................................................3(1)
waste strategy ..............................................................................................3(1)
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