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This is a Bill, not an Act. For current law, see the Acts databases.


WASTE AVOIDANCE AND RESOURCE RECOVERY BILL 2007

                    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



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              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

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                                                         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.



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           (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.


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           (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.


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                                                 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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     Part 4        Management documents
     Division 3    Waste plans
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           (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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                                             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.




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                                 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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                             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 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 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.




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     Division 3    Local laws and local government rates, fees and charges
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           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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             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.




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     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;


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                                                      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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     Division 3    Local laws and local government rates, fees and charges
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           (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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                                                      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

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     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,




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                                                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.



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     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.




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                                    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.

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                              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



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     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.

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           (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.




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     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.


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                               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;

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     Waste Avoidance and Resource Recovery Bill 2007
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     Division 1    Investigation and obtaining information
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                   (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



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                                                          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


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                               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.

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     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.




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                               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.



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     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.



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                               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.


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                               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).


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                                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.



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     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.




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     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.



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                           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.




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     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".


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                                                                                    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


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     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.

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                                                                   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

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                                  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.




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                                 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



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    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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