Waste and Resource Recovery Act 2022 (Tas)

Waste and Resource Recovery Act 2022

An Act to encourage the diversion of waste from landfill, increase the recovery of resources from waste, impose a levy on waste received at a landfill facility and provide for a rebate in relation to that levy in certain circumstances, provide for standards and guidelines to be made in relation to landfill and resource recovery facilities, establish the Tasmanian Waste and Resource Recovery Board, and for related purposes [Royal Assent 29 March 2022]

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Waste and Resource Recovery Act 2022 .

2. Commencement (1) Except as provided by this section, this Act commences on the day on which this Act receives the Royal Assent. (2) Part 3 and Part 4 commence on a day, or days, to be proclaimed.

3. Interpretation (1) In this Act, unless the contrary intention appears – Account means the Waste and Resource Recovery Account established by section 24 ; Appeal Tribunal means the Tasmanian Civil and Administrative Tribunal established by the Tasmanian Civil and Administrative Tribunal Act 2020 ; approved means approved by the Secretary; authorised officer means a person who is an authorised officer under section 9 ; Board means the Tasmanian Waste and Resource Recovery Board established by section 10 ; independent, in relation to a person in respect of a landfill facility, means that the person – (a) is not employed by the operator of the facility or an owner or occupier of the land on which the facility is situated; and (b) is not part of the management of the operator of the facility or of an owner or occupier of the land on which the facility is situated; and (c) does not have a pecuniary interest in relation to the landfill facility, an owner or occupier of the land on which the facility is situated or the land on which the facility is operated, other than a fee payable to the person for the taking of an action as a surveyor or auditor for the purposes of this Act; and (d) is not a relative of the operator of the facility or an owner or occupier of the land on which the facility is situated; information includes documents, records, recordings, registers, data and electronic communications; landfill facility – see section 4 ; Local Government Association means the Local Government Association of Tasmania, continued as a body corporate by section 326 of the Local Government Act 1993 ; operational plan, for a financial year, means the operational plan approved for that year under section 21 ; operator, in relation to a landfill facility, means a person who is responsible for the operation of the landfill facility; payable levy amount, in relation to a landfill facility, has the meaning it has in section 31(2) ; person responsible, in relation to a resource recovery facility, means a person who is responsible for the operation of the resource recovery facility; prescribed levy means the levy stated in, or prescribed or calculated for the purposes of, section 29 ; regulations means regulations made under this Act; resource recovery, in relation to waste, means the lawful – (a) reuse of the waste; or (b) recycling of the waste; or (c) recovery of energy or other resources from the waste; or (d) sorting or preparation of the waste for the purposes of paragraph (a) , (b) or (c) ; resource recovery facility – see section 5 ; Secretary means Secretary of the Department; statutory authority means an incorporated or unincorporated body which is established, constituted or continued by or under an Act or under the royal prerogative, being a body which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister of the Crown or another statutory authority; waste levy return means a waste levy return given in accordance with section 32 ; waste strategy means a waste strategy approved under section 19(4)(a) . (2) Unless the contrary intention appears, a word or expression used in the Environmental Management and Pollution Control Act 1994 has the same meaning in this Act as it has in that Act.