Western Australian Legislation
Western Australia Waste Avoidance and Resource Recovery Levy Act 2007 Western Australia Waste Avoidance and Resource Recovery Levy Act 2007 Contents 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Levy may be prescribed 2 5. Levy imposed 2 6. Liability to pay levy 3 Notes Compilation table 4 Uncommenced provisions table 4 Defined terms Western Australia Waste Avoidance and Resource Recovery Levy Act 2007 An Act to impose a levy in respect of certain waste.
1. Short title This is the Waste Avoidance and Resource Recovery Levy Act 2007.
2. Commencement 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. Terms used 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 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 Act 2007.
4. Levy may be prescribed (1) The Governor may, on the recommendation of the Minister, make regulations under the Waste Avoidance and Resource Recovery Act 2007 prescribing an amount by way of levy that is to be payable in respect of waste received at disposal premises. (2A) The Waste Authority may provide advice to the Minister for the purpose of making a recommendation under subsection (1) as to the amount by way of levy to be prescribed. (2B) The Minister must give due weight to, but is not bound to accept, the advice of the Waste Authority under subsection (2A). (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 (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 (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. [Section 4 amended: No. 48 of 2009 s. 12.]
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