WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007
Table of Provisions
PART 1 -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Terms used
- 4 State bound
- 5 Objects of this Act
- 6 Effect on other laws
- 7 Chief Health Officer to be consulted on public health issues
PART 2 -- Waste Authority
- 8 Waste Authority established
- 9 Status
- 10 Authority may use other names
- 11 Membership
- 12 Chairman and deputy chairman
- 13 CEO may attend meeting
- 14 Constitution and proceedings
- 15 Remuneration and conditions of members
- 16 Provision of services and facilities
- 17 Use of staff and facilities of other departments, agencies and instrumentalities
- 18 Committees
PART 3 -- Functions of Waste Authority
Division 1 -- General
- 19 Functions of Waste Authority
- 20 Powers generally
Division 2 -- Accountability
- 21 Minister may give directions
- 22 Minister to have access to information
- 23 Annual report of the Waste Authority
PART 4 -- Management documents
Division 1 -- Waste strategy
- 24 Purpose of waste strategy
- 25 Waste Authority to prepare draft waste strategy
- 26 Consultation
- 27 Public notification of draft waste strategy
- 28 Public submissions
- 29 Modified draft to be referred to entities who made submissions
- 30 Consideration by Minister
- 31 Approval of Minister
- 32 Minor amendments to waste strategy
- 33 Review and revision of waste strategy
- 34 Power to request report on waste strategy compliance
Division 2 -- Business plans
- 35 Draft business plan to be submitted to Minister
- 36 Contents of business plan
- 37 Minister’s powers in relation to draft business plan
- 38 Business plan pending approval
- 39 Approval and implementation of business plan
Division 3 -- Waste plans
- 40 Waste plans
- 41 CEO’s powers in relation to waste plan
- 42 CEO may prepare or modify waste plan
- 43 Effect of waste plan
- 44 Report on waste plan
PART 5 -- Product stewardship
- 45 Product stewardship plans
- 46 Extended producer responsibility schemes
- 47 Statements with regard to extended producer responsibility schemes
PART 5A -- Container deposit scheme
Division 1 -- Preliminary
- 47A Objects of PART
- 47B Overview of container deposit scheme
- 47C Terms used
- 47D First responsible supplier
Division 2 -- Supply of beverage products
- 47E Requirement for supply agreement, container approval, refund mark and barcode
- 47F Container approval
- 47G Regulations relating to container approvals
- 47H Review by State Administrative Tribunal
Division 3 -- Return of containers
- 47I Requirements for refund point operators
- 47J Refund amount
- 47K Regulations relating to refund points and refund amounts
- 47L Coordinator as refund point operator
- 47M Collected or returned containers must not be disposed of in a prohibited manner
- 47N Extraordinary circumstances exemption
Division 4 -- Scheme agreements and scheme participants
- 47O Supply agreement
- 47P Export rebate agreement
- 47Q Refund point agreement
- 47R Material recovery agreement
- 47S Regulations relating to scheme agreements and scheme participants
- 47T Content of scheme agreements not limited
Division 5 -- Coordinator of the scheme
Subdivision 1 -- Preliminary
- 47U Terms used
- 47V Eligible company
Subdivision 2 -- Appointment of Coordinator of the scheme
- 47W Office of Coordinator of the scheme
- 47X Appointment of Coordinator
- 47Y Conditions of appointment
- 47Z Functions of Coordinator
- 47ZA Powers of Coordinator
- 47ZB Delegation by Coordinator
Subdivision 3 -- Operations of Coordinator
- 47ZC Coordinator must not act unfairly
- 47ZD Coordinator performance targets
- 47ZE Business plan of Coordinator
- 47ZF Approval of business plan
- 47ZG Amendment to business plan
- 47ZH Compliance with business plan
- 47ZI Reporting by Coordinator
- 47ZJ Notification of events
- 47ZK CEO to have access to information, agreements and databases
Subdivision 4 -- Scheme Account
- 47ZL Terms used
- 47ZM Governance plan for Scheme Account
- 47ZN Scheme Account
- 47ZO Regulations relating to Scheme Account and governance plans
Subdivision 5 -- Appointment of administrator or Interim Coordinator and other Ministerial powers
- 47ZP Ministerial directions
- 47ZQ Amendment, administration and revocation
- 47ZR Appointment of administrator
- 47ZS Only the administrator can deal with the Coordinator’s property
- 47ZT Interim Coordinator
- 47ZU Remuneration and costs
- 47ZV Providing assistance
- 47ZW Review by State Administrative Tribunal
Subdivision 6 -- Transitional arrangements
- 47ZX Transitional arrangements between Coordinators
Division 6 -- Miscellaneous
- 47ZY Penalties for Coordinator, Interim Coordinator and directors of Coordinator
- 47ZZ Civil penalty provisions
- 47ZZA Inconsistent provision has no effect
- 47ZZB Beverages consumed on interstate or international journeys
- 47ZZC Power to require information or material
- 47ZZD Disclosure of information
- 47ZZE Performance audit
- 47ZZF False or misleading information
- 47ZZG Authorisations for competition legislation
- 47ZZH Corporations Act displacement
- 47ZZI Powers in relation to transitional matters
- 47ZZJ Imposition of tax
PART 6 -- Waste services
Division 1 -- Services provided by local governments
- 48 References to provision of waste service
- 49 Specified public authority may exercise functions of local government
- 50 Provision of waste services
- 51 Costs of providing combined waste service
- 52 Codes of practice
- 53 CEO may monitor and evaluate waste services
- 54 Expenses of evaluation
- 55 Disposal of waste by local government
Division 2 -- Waste collection permits
- 56 Waste collection permit
- 57 Consistency with modern practice
- 58 CEO to consult on issue, renewal or amendment of permit
- 59 Term and renewal of waste collection permit
- 60 Disposal of waste by holder of permit
Division 3 -- Local laws and local government rates, fees and charges
- 61 Local laws in respect of waste management
- 62 Model local laws
- 63 Governor may amend or repeal local laws
- 64 Subject matter of local laws
- 65 Enforcement of local laws
- 66 Local government may impose waste collection rate
- 67 Local government may impose receptacle charge
- 68 Fees and charges fixed by local government
Division 4 -- Offences
- 69 Waste collection not to be carried out by unauthorised persons
- 70 Obstruction or hindrance
- 71 Services to be provided in accordance with waste plan or permit
Division 5 -- General
- 72 Accumulation of waste -- prevention notice
PART 7 -- Collection and application of levy
- 73 Payment of levy
- 74 Financial assurance
- 75 Payment by instalments
- 76 Penalty for non-payment
- 77 Recovery of levy
- 78 Evading levy
Division 2 -- Waste Avoidance and Resource Recovery Account
PART 8 -- Enforcement
Division 1 -- Investigation and obtaining information
- 82 Power to require information or material
- 83 Inspectors
- 84 Authorised persons and analysts
- 85 Audit may be directed by CEO
Division 2 -- General
- 86 Who can institute proceedings for offences
- 87 Time for bringing prosecutions
- 88 Daily penalties
- 89 Attempt, incitement or accessory after the fact
- 90 Additional powers available to the court
PART 9 -- General provisions
- 91 Confidentiality
- 92 Delegation
- 93 Other provisions of EP Act apply
- 94 Protection from liability for wrongdoing
- 95 Laying documents before Parliament
- 96 Regulations
- 97 Regulations to operate as local laws
- 98 Regulations, local laws and waste strategy may adopt codes or legislation and other references
- 99 Review of Act
- 100 Consequential amendments
- 101 Transitional and savings provisions
- 102 Waste Avoidance and Resource Recovery Levy Regulations 2008 and amendments validated
