WASTE REDUCTION AND RECYCLING ACT 2011 NO. 31

Queensland Numbered Acts

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WASTE REDUCTION AND RECYCLING ACT 2011 NO. 31

TABLE OF PROVISIONS

Contents

CHAPTER 1--PRELIMINARY
Part 1--Introduction

1. Short title
2. Commencement
Part 2--Objects, applicable principles and application of Act
3. Objects of Act
4. Achieving Act's objects
5. Approach to achieving Act's objects
6. Act binds all persons
Part 3--Interpretation
Division 1--Dictionary
7. Definitions
Division 2--Key concepts and definitions
8. The concept of disposal
9. Meaning of waste and resource management hierarchy
10. Meaning of polluter pays principle
11. Meaning of user pays principle
12. Meaning of proximity principle
13. Meaning of product stewardship principle

CHAPTER 2--MANAGEMENT DOCUMENTS
Part 1--Waste management strategy
Division 1--Introduction

14. Waste management strategy
15. What may be included in State's waste management strategy
Division 2--Draft waste management strategy
16. Preparation of draft strategy
Division 3--Making of waste management strategy
17. Submissions to be considered when preparing final strategy
18. Approval of final strategy
19. Minor amendment of waste management strategy
Division 4--Review and progress reporting
20. Review of State's waste management strategy
21. Preparation of draft review report on waste management strategy
22. Publication of review report and amending or replacement waste management strategy
Part 2--Business plan for State's waste management strategy
23. Preparation and approval of business plan
24. Chief executive to report department's progress for business plan

CHAPTER 3--WASTE LEVY
Part 1--Preliminary

25. Main purpose
26. Definitions for ch 3
27. Meaning of levyable waste disposal site
Part 2--Identifying exempt waste
28. Chief executive may declare limits for disaster management waste
29. Application for approval of waste as exempt waste
30. Chief executive may require additional information
31. Deciding application
32. Grant of application
33. Refusal of application
34. Chief executive may declare waste to be exempt waste without exempt waste application
35. Cancellation of approval
36. Procedure for cancelling approval
Part 3--Operation of the waste levy
37. Imposition of waste levy
38. Calculating waste levy amount
39. Resource recovery deduction
40. Regulation identifying waste levy zone
Part 4--Obligations about the waste levy
Division 1--Obligations of person delivering waste
41. Person delivering waste to levyable waste disposal site to give information as required by operator of site
Division 2--Obligations of operator of levyable waste disposal site
42. Remitting waste levy amounts to State
43. Weighbridge requirement provision
44. Measurement of waste by weighbridge
45. Measurement of waste other than by weighbridge
46. Electronic monitoring
47. Volumetric survey for levyable waste disposal site
48. Volumetric survey for new landfill cells
49. Requirements applying for volumetric surveys
50. Keeping of results of volumetric survey
51. Failure to comply with requirements for volumetric survey
52. Submission of waste data returns
53. Requirement for operator of levyable waste disposal site to keep particular documents
54. Waste levy evasion
Division 3--Payment options
55. Application for waste levy instalment agreement
56. Other requirements applying to waste levy instalment agreements
57. Amendment of waste levy instalment agreement
58. Application for extension of time to pay waste levy amount
59. Notice by chief executive for extension of time to pay waste levy amount
60. Estimation of waste levy amount payable by operator of levyable waste disposal site
Part 5--Resource recovery area
61. Resource recovery area
62. Declaration of resource recovery area
63. Effect of declaration of resource recovery area
64. Revocation of resource recovery area by chief executive
65. Requirement to keep documents
66. Volumetric survey for resource recovery area
67. Offences relating to resource recovery area
Part 6--Waste and Environment Fund
68. Establishment of fund
69. Object of Waste and Environment Fund
70. Payment of amounts into Waste and Environment Fund
71. Payment of amounts from Waste and Environment Fund
72. Administration of Waste and Environment Fund
73. Review of efficacy of waste levy

CHAPTER 4--MANAGEMENT OF PRIORITY AND OTHER PRODUCTS
Part 1--Preliminary

74. Purpose of chapter
Part 2--Priority products
75. Preparation and notification of draft priority product statement
76. Requirements for draft priority product statement
77. What are the priority product criteria for a product
78. Inclusion of invitation for voluntary product stewardship scheme
79. Finalisation of priority product statement
80. Approval of final priority product statement
81. Minor amendment of priority product statement
82. Review of priority product statement
Part 3--Product stewardship schemes
Division 1--Product stewardship schemes generally
83. What is a product stewardship scheme
84. What is a voluntary product stewardship scheme
85. What is a regulated product stewardship scheme
86. What is an approved program
87. When is a product stewardship scheme in force for a product
88. Accredited product stewardship scheme does not override laws
Division 2--Accreditation of voluntary product stewardship schemes
89. Application for accreditation
90. Requirements for accreditation
91. Accreditation
92. Inquiry about application
93. Deciding application
94. Register of accredited schemes
95. Amendment of accredited product stewardship scheme
96. Expiry of accredited product stewardship scheme
97. Revocation of accreditation
Division 3--Product stewardship schemes by regulation
98. Regulation about product stewardship
Division 4--Monitoring of schemes
99. Monitoring of particular product stewardship scheme
Part 4--Disposal bans
100. Application of this part
101. Prohibition on disposal of disposal ban waste
102. Considerations for prescribing waste as disposal ban waste

CHAPTER 5--OFFENCES RELATING TO LITTERING AND ILLEGAL DUMPING
Part 1--Basic littering and illegal dumping offences

103. General littering provision
104. Illegal dumping of waste provision
Part 2--Material that may become waste
105. What is advertising material
106. What is unsolicited advertising material for premises
107. Unlawful delivery provision
108. Secure delivery provision
109. Placing document on or in motor vehicle or on building or other fixed structure
110. Advice to chief executive about placing or attaching documents
111. Advice to chief executive about delivering or distributing advertising material
112. Avoiding accumulations of waste
Part 3--Vehicle littering or illegal dumping offences
Division 1--Preliminary
113. Application of pt 3
Division 2--Applying State Penalties Enforcement Act 1999
114. Application of State Penalties Enforcement Act 1999
115. Effect of passenger declaration
116. Service of infringement notice for vehicle littering or illegal dumping offence
117. Chief executive (transport) must disclose information
Division 3--Public reporting of vehicle littering or illegal dumping offences
118. Facilitating enforcement of vehicle littering or illegal dumping offence

CHAPTER 6--STRATEGIC PLANNING FOR WASTE REDUCTION AND RECYCLING
Part 1--Preliminary

119. Purpose of chapter
120. Meaning of waste reduction and recycling plan
Part 2--Local government strategic planning for waste
Division 1--Introduction
121. Object of pt 2
122. Local governments combining on a regional basis
Division 2--Obligation of local government for waste reduction and recycling plans
123. Local government's waste reduction and recycling plan obligation
124. Matters to be complied with in the preparation and adoption of a local government's waste reduction and recycling plan
125. Adoption of plan following consultation
126. Review of plan
127. Amendment of plan
Division 3--Chief executive action to prepare waste reduction and recycling plan for local government
128. Chief executive may prepare waste reduction and recycling plan
Division 4--Requirements applying after adoption of waste reduction and recycling plan
129. Copy of plan or amendment to be given to chief executive
130. Inspection and availability for purchase of plan
Part 3--State entity strategic planning for waste
Division 1--Introduction
131. Object of pt 3
132. What is a State entity and who is its chief executive officer
Division 2--Obligation of chief executive officer of State entity for waste reduction and recycling plan
133. State entity's waste reduction and recycling plan obligation
134. Matters to be complied with in the preparation and adoption of a State entity's waste reduction and recycling plan
135. Inspection and availability for purchase of plan
136. Review of plan
137. Amendment of plan
Part 4--Planning entity strategic planning for waste
Division 1--Introduction
138. Object of pt 4
Division 2--Establishing status as planning entity
139. Identification of planning entity and of what is relevant waste for a planning entity
140. Notification of status as planning entity
Division 3--Obligation of planning entity for waste reduction and recycling plan
141. Planning entity's waste reduction and recycling plan obligation
142. Requirements for waste reduction and recycling plan
143. Other matters that may be included in a waste reduction and recycling plan
144. Additional requirements for a waste reduction and recycling plan for a sector of planning entities
145. Amendment of waste reduction and recycling plan
146. Requirement to give copy of adopted plan to chief executive

CHAPTER 7--REPORTING ABOUT WASTE MANAGEMENT
Part 1--Reporting on waste reduction and recycling plans

147. Local government reporting
148. State entity reporting
149. Planning entity reporting
Part 2--Reporting on waste recovery and disposal
Division 1--Establishing status as reporting entity
150. Identification of reporting entity
151. Notification of status as reporting entity
Division 2--Reporting requirements
152. Reporting entity obligation
153. Requirements for report
Part 3--Reporting by chief executive
154. Annual report on waste disposal and recycling

CHAPTER 8--APPROVAL OF RESOURCE FOR BENEFICIAL USE
Part 1--Preliminary

155. Definitions for ch 8
Part 2--Chief executive may approve resource
156. Approval of resource
Part 3--Specific approvals
Division 1--Applications for specific approval of a resource
157. Application
158. Chief executive may require additional information
Division 2--Deciding applications
159. Deciding application
160. Criteria for decision
161. Grant of application
162. Refusal of application
Part 4--General approvals
163. Chief executive may grant general approval
164. Criteria for decision
165. Procedure for granting general approval
Part 5--Conditions of approvals
166. Conditions of approval
167. Failure to comply with condition of approval
Part 6--Transfer, amendment, cancellation or suspension of approvals
Division 1--Applications for transfer or amendment of specific approvals
168. Application for transfer of benefit or amendment of specific approval
169. Chief executive may require additional information
Division 2--Other amendment, and cancellation and suspension, of approvals
170. Amendment of approval
171. Cancellation or suspension of an approval
172. Procedure for amending, cancelling or suspending an approval
173. Register

CHAPTER 9--REVIEWS
Part 1--Internal reviews

174. Internal review process
175. Who may apply for internal review
176. Requirements for making application
177. Decision not stayed
178. Internal review
179. Notice of internal review decision
180. Who may apply for external review

CHAPTER 10--AUTHORISED PERSONS
Part 1--Preliminary

181. Definitions for ch 10
Part 2--General matters about authorised persons
Division 1--Functions
182. Functions of authorised persons
Division 2--Appointment
183. Appointment and qualifications
184. Appointment conditions and limit on powers
185. When office ends
186. Resignation
Division 3--Identity cards
187. Issue of identity card
188. Production or display of identity card
189. Return of identity card
Division 4--Miscellaneous provisions
190. References to exercise of powers
191. Reference to document includes reference to reproductions from electronic document
Part 3--Entry of places by authorised persons
Division 1--Power to enter
192. General power to enter places
Division 2--Entry by consent
193. Application of div 2
194. Incidental entry to ask for access
195. Matters authorised person must tell occupier
196. Consent acknowledgement
Division 3--Entry under warrant
Subdivision 1--Obtaining warrant
197. Application for warrant
198. Issue of warrant
199. Electronic application
200. Additional procedure if electronic application
201. Defect in relation to a warrant
Subdivision 2--Entry procedure
202. Procedure
Division 4--Procedure for certain other entries
203. Procedure
Division 5--Entry of stationary vehicles by authorised persons
204. Power to enter
205. Procedure for entry
Part 4--Other authorised persons' powers and related matters
Division 1--Stopping or moving vehicles
206. Application of div 1
207. Power to stop or move
208. Identification requirements if vehicle moving
209. Failure to comply with direction
Division 2--General powers after entering places
210. Application of div 2
211. General powers
212. Power to require reasonable help
213. Offence to contravene help requirement
Division 3--Seizure and forfeiture
Subdivision 1--Power to seize
214. Seizing evidence at a place that may be entered without consent or warrant
215. Seizing evidence at a place that may be entered only with consent or warrant
216. Seizure of property subject to security
Subdivision 2--Powers to support seizure
217. Requirement of person in control of thing to be seized
218. Offence to contravene seizure requirement
219. Power to secure seized thing
220. Offence to contravene other seizure requirement
221. Offence to interfere
Subdivision 3--Safeguards for seized things
222. Receipt and information notice for seized thing
223. Access to seized thing
224. Return of seized thing
Subdivision 4--Forfeiture
225. Forfeiture by chief executive
226. Information notice for forfeiture decision
227. Forfeiture on conviction
228. Procedure and powers for making forfeiture order
Subdivision 5--Dealing with property forfeited or transferred to State
229. When thing becomes property of the State
230. How property may be dealt with
Division 4--Disposal orders
231. Disposal order
Division 5--Other information-obtaining powers
232. Power to require name and address
233. Offence to contravene personal details requirement
234. Power to require production of document
235. Offence to contravene document production requirement
236. Offence to contravene document certification requirement
237. Power to require information
238. Offence to contravene information requirement
Part 5--Miscellaneous provisions
Division 1--Damage
239. Duty to avoid inconvenience and minimise damage
240. Notice of damage
Division 2--Compensation
241. Compensation
Division 3--Other offences relating to authorised persons
242. Giving authorised person false or misleading information
243. Obstructing authorised person
244. Impersonating authorised person

CHAPTER 11--SHOW CAUSE NOTICES AND COMPLIANCE NOTICES
Part 1--Preliminary

245. Definitions for ch 11
Part 2--Show cause notices
246. Giving show cause notice
247. General requirements of show cause notice
Part 3--Compliance notices
248. Giving compliance notice
249. Restriction on giving compliance notice
250. General requirements of compliance notices
251. Person must comply with notice

CHAPTER 12--WASTE AUDITS
Part 1--Preliminary

252. Definitions for ch 12
Part 2--Chief executive may require conduct of waste audits
253. When waste audit required
254. Recipient must comply with notice
Part 3--Other provisions
255. Who may conduct waste audit
256. Declarations to accompany waste report
257. Costs of waste audit and report

CHAPTER 13--COURT ORDERS

258. Court may make particular orders
259. Court may order recovery of chief executive's costs
260. Chief executive may take action and recover costs
261. Restraint of contraventions of Act etc.
262. Power of court to make order pending determination of proceeding

CHAPTER 14--MISCELLANEOUS

263. Delegation by chief executive
264. General duties about documents or records
265. Giving chief executive false or misleading information
266. Protection of officials from liability
267. Summary proceedings for offences
268. Executive officers must ensure corporation complies with Act
269. Application of Acts to local governments
270. Approval of forms
271. Regulation-making power

CHAPTER 15--TRANSITIONAL PROVISIONS
Part 1--Transitional provisions relating to approvals under the Environmental Protection (Waste Management) Regulation 2000

272. Interpretation for pt 1
273. Matters relating to existing approvals
274. Applications for approvals made before the commencement
275. Reviews and appeals
276. Offences
Part 2--Discounted levy for residue waste disposal until 30 June 2014
277. Definition for pt 2
278. Application for discounting of waste levy amount
279. Chief executive may require additional information
280. Deciding application
281. Grant of application
282. Refusal of application
283. Cancellation of grant
284. Procedure for cancelling grant of residue waste discounting application
285. Automatic cancellation of grant
Part 3--Exemption from waste levy for residue waste until 30 June 2014
286. Definition for pt 3
287. Application for approval of residue waste as exempt waste for transition period
288. Chief executive may require additional information
289. Deciding application
290. Grant of application
291. Refusal of application
292. Cancellation of grant
293. Procedure for cancelling grant of transition period exempt waste application
294. Automatic cancellation of grant
Part 4--General provisions
295. Existing waste management strategy and business plan
296. Volumetric survey of levyable waste disposal site before waste levy commencement
297. Volumetric survey of resource recovery area before waste levy commencement
298. Temporary relaxation from s 45(2) requirements for small site
299. Offences against repealed littering provisions
300. Existing strategic plans under repealed waste management policy
301. Clinical and related waste management plan

CHAPTER 16--REPEAL AND AMENDMENT OF OTHER LEGISLATION
Part 1--Repeal

302. Repeal
Part 2--Amendment of Environmental Protection Act 1994
303. Act amended
304. Amendment of s 13 (Waste)
305. Omission of ch 7, pt 7 (Special provisions about waste management)
306. Omission of ch 8, pt 3A (Offences relating to depositing litter)
307. Omission of ch 9, pt 2A (Power of authorised persons to give directions about litter removal)
308. Omission of s 474A (Failure to comply with authorised person's direction to remove litter)
309. Amendment of section 520 (Dissatisfied person)
310. Amendment of s 580 (Regulation-making power)
311. Amendment of sch 2 (Original decisions)
312. Amendment of sch 4 (Dictionary)
Part 3--Amendment of Environmental Protection (Waste Management) Regulation 2000
313. Regulation amended
314. Omission of pt 5, div 1 (Clinical and related waste management plans)
315. Omission of pt 6A (Approval of resource for beneficial use)
Part 4--Amendment of Forestry Act 1959
316. Act amended
317. Replacement of s 32AA (Chief executive to notify chief executive (lands) of change to State forest)
318. Amendment of pt 6B, hdg (Natural resource products)
319. Amendment of s 61J (Agreement about natural resource products)
320. Insertion of new pt 6C
321. Insertion of new pt 10, div 3
322. Amendment of sch 3 (Dictionary)
Part 5--Amendment of Land Act 1994
323. Act amended
324. Amendment of s 275 (Registers comprising land registry)
325. Amendment of s 276 (Registers to be kept by chief executive)
326. Insertion of new s 279A
327. Insertion of new s 280A
328. Amendment of s 373E (Application of div 8B)
329. Amendment of s 373F (Definitions for div 8B)
330. Amendment of s 373E (Application of div 8B)
331. Insertion of new ch 6, pt 4, div 8C
332. Insertion of new ch 9, pt 1J
333. Amendment of sch 6 (Dictionary)
Part 6--Amendment of Land Title Act 1994
334. Act amended
335. Insertion of new pt 6, div 4C
336. Amendment of sch 6 (Dictionary)
Part 7--Amendment of Nature Conservation Act 1992
337. Act amended
338. Insertion of new ss 33A and 33B
339. Insertion of new s 37A
340. Insertion of new pt 4, div 2, sdiv 4A
341. Amendment of s 42AD (Leases etc. over national park (Cape York Peninsula Aboriginal land))
342. Amendment of s 42AE (Particular powers about permitted uses in national park (Cape York Peninsula Aboriginal land))
343. Amendment of s 42AN (Leases etc. over land in indigenous joint management area)
344. Insertion of new pt 4, div 3, sdiv 4
345. Insertion of new s 50A
346. Insertion of new ss 70EA and 70EB
347. Amendment of s 133 (Chief executive to keep register)
348. Insertion of new pt 12, div 4
349. Amendment of schedule (Dictionary)
Part 8--Amendment of South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
350. Act amended
351. Amendment of s 11 (Functions)
352. Amendment of s 53ARB (Application of div 1)
353. Amendment of ch 2C, hdg (Trade waste provisions for distributor-retailers)
354. Amendment of ch 2C, pt 1, hdg (General provisions about trade waste officers)
355. Amendment of s 53CK (Appointment and other provisions)
356. Amendment of s 53CL (Functions)
357. Amendment of ch 2C, pt 2, hdg (Powers of trade waste officers)
358. Amendment of s 53CM (General powers of entry)
359. Amendment of ch 2C, pt 2, div 2, hdg (Entry to take trade waste compliance action)
360. Amendment of s 53CN (Power to enter)
361. Amendment of s 53CO (Power to enter place subject to approved inspection program)
362. Amendment of s 53CP (Approving an inspection program)
363. Amendment of s 53CR (Application for warrant)
364. Amendment of s 53CS (Issue of warrant)
365. Amendment of s 53CT (Application by electronic communication and duplicate warrant)
366. Amendment of s 53CV (Entry with consent)
367. Amendment of s 53CW (Entry under warrant)
368. Amendment of s 53CX (Other entries)
369. Amendment of s 53CY (Application of div 6)
370. Amendment of s 53CZ (General powers after entry)
371. Amendment of s 53DA (Failure to help trade waste officer)
372. Amendment of s 53DB (Application of div 7)
373. Amendment of s 53DC (Power to require name and residential address)
374. Amendment of s 53DD (Power to require evidence of name or residential address)
375. Amendment of s 53DE (Exception if trade waste offence not proved)
376. Amendment of s 53DF (Duty to avoid damage)
377. Amendment of s 53DG (Notice of damage)
378. Amendment of s 53DH (Content of notice of damage)
379. Amendment of ch 2C, pt 3, hdg (Trade waste compliance notices)
380. Amendment of s 53DJ (Who may give a trade waste compliance notice)
381. Amendment of s 53DK (Requirements for trade waste compliance notice)
382. Amendment of s 53DL (Offence to contravene trade waste compliance notice)
383. Amendment of s 53DM (Action distributor-retailer may take if trade waste compliance notice contravened)
384. Amendment of s 53DN (Recovery of costs of trade waste compliance action)
385. Amendment of s 100D (Application of Water Supply Act internal and external review provisions for decisions under Act)
386. Insertion of new ch 6, pt 5
387. Amendment of schedule (Dictionary)
Part 9--Amendment of Water Act 2000
388. Act amended
389. Insertion of new ch 8, pt 3, div 1, hdg
390. Amendment of s 984 (Definitions for pt 3)
391. Insertion of new ch 8, part 3, div 2, hdg
392. Amendment of s 986 (Compensation for reduced value of entitlement to water)
393. Insertion of new ch 8, pt 3, div 3
Part 10--Amendment of Water Supply (Safety and Reliability) Act 2008
Division 1--Preliminary
394. Act amended
Division 2--Amendments about coal seam gas water
395. Insertion of new ch 3, pt 9A, div 4A
396. Amendment of sch 3 (Dictionary)
Division 3--Amendments about seepage water
397. Amendment of ch 2, pt 6, hdg (Trade waste)
398. Replacement of s 180 (Trade waste approvals)
399. Amendment of s 181 (Approval may be conditional)
400. Amendment of s 182 (Criteria for suspending or cancelling trade waste approval)
401. Amendment of s 183 (Suspending or cancelling trade waste approval)
402. Amendment of s 184 (Immediate suspension or cancellation)
403. Amendment of s 185 (Amending trade waste approval)
404. Amendment of s 193 (Discharging particular materials)
405. Amendment of s 330 (Notice to sewerage service provider)
406. Amendment of s 331 (Report about compliance with notice)
407. Amendment of sch 1 (Prohibited substances)
408. Amendment of sch 3 (Dictionary)
SCHEDULE -- DICTIONARY

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