ENVIRONMENTAL PROTECTION ACT 1986 - SECT 110H
ENVIRONMENTAL PROTECTION ACT 1986 - SECT 110H
110H . Waste Management and Recycling Account
(1) An account called
the Waste Management and Recycling Account is to be established —
(a) as
an agency special purpose account under section 16 of the
Financial Management Act 2006 ; or
(b) with
the approval of the Treasurer, at a bank as defined in section 3 of that Act.
(2) The Account is to
be administered by the Minister.
(3) The Account is to
be credited with —
(a) any
levy paid; and
(b) any
amount paid by way of penalty under section 110E; and
(c)
income derived from the investment of moneys forming part of the Account; and
(d) any
other moneys lawfully payable to the credit of the Account.
(4) Moneys held in the
Account may be applied by the Minister —
(a) to
fund programmes relating to the management, reduction, reuse, recycling,
monitoring or measurement of waste that are approved by the Minister; and
(b) in
payment of the costs of administering the Account (including the costs of
collecting levies and penalties and support and evaluation services).
(5) Moneys held in the
Account may be paid by the Minister to a person or body to conduct a programme
relating to the management, reduction, reuse, recycling, monitoring or
measurement of waste promoted by that person or body.
(6) A person or body
to whom moneys are paid under subsection (5) who fails to ensure that —
(a) the
moneys are only expended for the purposes of the programme and in accordance
with any terms or conditions imposed by the Minister; 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 Minister;
or
(c) at
such time or times as are prescribed, 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 copy of the report is
provided to the Minister as soon as is practicable after it is prepared,
commits an offence.
(7) The Minister is to
—
(a) seek
the advice of such persons and bodies as the Minister thinks fit as to the
setting and variation of a levy and the development of policy for the
application of money from the Account; and
(b) from
time to time develop and publish a statement of the objectives to be achieved
by programmes funded under this section.
(8) The annual report
of the Department prepared for the purposes of Part 5 of the
Financial Management Act 2006 is to include a summary of any written
performance evaluation carried out pursuant to a direction of the Minister by
a person or body to whom moneys are paid under subsection (5).
[Section 110H inserted: No. 14 of 1998 s. 20;
amended: No. 28 of 2006 s. 211; No. 77 of 2006 Sch. 1 cl. 59(4)-(6).]