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


WASTE AVOIDANCE AND RESOURCE RECOVERY LEVY BILL 2007

                    Western Australia


Waste Avoidance and Resource Recovery Levy
                 Bill 2007

                      CONTENTS


  1.   Short title                       2
  2.   Commencement                      2
  3.   Interpretation                    2
  4.   Levy may be prescribed            2
  5.   Levy imposed                      3
  6.   Liability to pay levy             3
       Defined Terms




                        153--1           page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY



 Waste Avoidance and Resource Recovery Levy
                  Bill 2007


                               A Bill for


An Act to impose a levy in respect of certain waste.



The Parliament of Western Australia enacts as follows:




                                                         page 1
     Waste Avoidance and Resource Recovery Levy Bill 2007



     s. 1




     1.         Short title
                This is the Waste Avoidance and Resource Recovery Levy
                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.

     3.         Interpretation
10              In this Act --
                "disposal premises" means premises --
                     (a) which are used for the purpose of receiving waste;
                           and
                     (b) in respect of which the occupier is required to hold a
15                         licence, whether or not such a licence is in force;
                "EP Act" means the Environmental Protection Act 1986;
                "licence" has the same meaning as in the EP Act;
                "Waste Authority" means the Waste Authority established
                     under the Waste Avoidance and Resource Recovery
20                   Act 2007.

     4.         Levy may be prescribed
          (1)   The Governor may, on the recommendation of the Waste
                Authority, make regulations under the Waste Avoidance and
                Resource Recovery Act 2007 prescribing an amount by way of
25              levy that is to be payable in respect of waste received at disposal
                premises.




     page 2
                         Waste Avoidance and Resource Recovery Levy Bill 2007



                                                                                s. 5



          (2)   The regulations may --
                 (a) provide that the amount by way of levy is to be payable
                       in all cases, in all cases subject to specified exceptions
                       or in any specified case or class of case; and
 5               (b) prescribe different amounts by way of levy that are
                       payable in respect of different cases or classes of case;
                       and
                 (c) provide for the levy to be calculated on such basis, and
                       in accordance with such factors, as are specified; and
10               (d) provide for the reimbursement of administrative costs
                       incurred by the person, organisation or licensee
                       collecting the levy.
          (3)   Nothing in this section is to be taken as limiting the operation of
                the Interpretation Act 1984 section 43.

15   5.         Levy imposed
                If an amount by way of levy is prescribed in respect of waste
                received at disposal premises, that levy is imposed in respect of
                waste received at the disposal premises.

     6.         Liability to pay levy
20              The holder of a licence in respect of disposal premises, or in the
                case of disposal premises in respect of which a licence is not in
                force, an occupier required under the EP Act to hold such
                licence in respect of the premises, is liable to pay the amount of
                any levy imposed in respect of waste received at the disposal
25              premises.




                                                                             page 3
Waste Avoidance and Resource Recovery Levy 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)
     disposal premises ............................................................................................. 3
     EP Act ............................................................................................................. 3
     licence.............................................................................................................. 3
     Waste Authority ............................................................................................... 3




 


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