Waste Avoidance and Resource Recovery Act 2007 (WA)

Western Australia Waste Avoidance and Resource Recovery Act 2007 Western Australia Waste Avoidance and Resource Recovery Act 2007 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. State bound 1 5. Objects of this Act 1 6. Effect on other laws 1 7. Chief Health Officer to be consulted on public health issues 1 Part 2 — Waste Authority 8. Waste Authority established 1 9. Status 1 10. Authority may use other names 1 11. Membership 1 12. Chairman and deputy chairman 1 13. CEO may attend meeting 1 14. Constitution and proceedings 1 15. Remuneration and conditions of members 1 16. Provision of services and facilities 1 17. Use of staff and facilities of other departments, agencies and instrumentalities 1 18. Committees 1 Part 3 — Functions of Waste Authority Division 1 — General 19. Functions of Waste Authority 1 20. Powers generally 1 Division 2 — Accountability 21. Minister may give directions 1 22. Minister to have access to information 1 23. Annual report of the Waste Authority 1 Part 4 — Management documents Division 1 — Waste strategy 24. Purpose of waste strategy 1 25. Waste Authority to prepare draft waste strategy 1 26. Consultation 1 27. Public notification of draft waste strategy 1 28. Public submissions 1 29. Modified draft to be referred to entities who made submissions 1 30. Consideration by Minister 1 31. Approval of Minister 1 32. Minor amendments to waste strategy 1 33. Review and revision of waste strategy 1 34. Power to request report on waste strategy compliance 1 Division 2 — Business plans 35. Draft business plan to be submitted to Minister 1 36. Contents of business plan 1 37. Minister's powers in relation to draft business plan 1 38. Business plan pending approval 1 39. Approval and implementation of business plan 1 Division 3 — Waste plans 40. Waste plans 1 41. CEO's powers in relation to waste plan 1 42. CEO may prepare or modify waste plan 1 43. Effect of waste plan 1 44. Report on waste plan 1 Part 5 — Product stewardship 45. Product stewardship plans 1 46. Extended producer responsibility schemes 1 47. Statements with regard to extended producer responsibility schemes 1 Part 5A — Container deposit scheme Division 1 — Preliminary 47A. Objects of Part 1 47B. Overview of container deposit scheme 1 47C. Terms used 1 47D. First responsible supplier 1 Division 2 — Supply of beverage products 47E. Requirement for supply agreement, container approval, refund mark and barcode 1 47F. Container approval 1 47G. Regulations relating to container approvals 1 47H. Review by State Administrative Tribunal 1 Division 3 — Return of containers 47I. Requirements for refund point operators 1 47J. Refund amount 1 47K. Regulations relating to refund points and refund amounts 1 47L. Coordinator as refund point operator 1 47M. Collected or returned containers must not be disposed of in a prohibited manner 1 47N. Extraordinary circumstances exemption 1 Division 4 — Scheme agreements and scheme participants 47O. Supply agreement 1 47P. Export rebate agreement 1 47Q. Refund point agreement 1 47R. Material recovery agreement 1 47S. Regulations relating to scheme agreements and scheme participants 1 47T. Content of scheme agreements not limited 1 Division 5 — Coordinator of the scheme Subdivision 1 — Preliminary 47U. Terms used 1 47V. Eligible company 1 Subdivision 2 — Appointment of Coordinator of the scheme 47W. Office of Coordinator of the scheme 1 47X. Appointment of Coordinator 1 47Y. Conditions of appointment 1 47Z. Functions of Coordinator 1 47ZA. Powers of Coordinator 1 47ZB. Delegation by Coordinator 1 Subdivision 3 — Operations of Coordinator 47ZC. Coordinator must not act unfairly 1 47ZD. Coordinator performance targets 1 47ZE. Business plan of Coordinator 1 47ZF. Approval of business plan 1 47ZG. Amendment to business plan 1 47ZH. Compliance with business plan 1 47ZI. Reporting by Coordinator 1 47ZJ. Notification of events 1 47ZK. CEO to have access to information, agreements and databases 1 Subdivision 4 — Scheme Account 47ZL. Terms used 1 47ZM. Governance plan for Scheme Account 1 47ZN. Scheme Account 1 47ZO. Regulations relating to Scheme Account and governance plans 1 Subdivision 5 — Appointment of administrator or Interim Coordinator and other Ministerial powers 47ZP. Ministerial directions 1 47ZQ. Amendment, administration and revocation 1 47ZR. Appointment of administrator 1 47ZS. Only the administrator can deal with the Coordinator's property 1 47ZT. Interim Coordinator 1 47ZU. Remuneration and costs 1 47ZV. Providing assistance 1 47ZW. Review by State Administrative Tribunal 1 Subdivision 6 — Transitional arrangements 47ZX. Transitional arrangements between Coordinators 1 Division 6 — Miscellaneous 47ZY. Penalties for Coordinator, Interim Coordinator and directors of Coordinator 1 47ZZ. Civil penalty provisions 1 47ZZA. Inconsistent provision has no effect 1 47ZZB. Beverages consumed on interstate or international journeys 1 47ZZC. Power to require information or material 1 47ZZD. Disclosure of information 1 47ZZE. Performance audit 1 47ZZF. False or misleading information 1 47ZZG. Authorisations for competition legislation 1 47ZZH. Corporations Act displacement 1 47ZZI. Powers in relation to transitional matters 1 47ZZJ. Imposition of tax 1 Part 6 — Waste services Division 1 — Services provided by local governments 48. References to provision of waste service 1 49. Specified public authority may exercise functions of local government 1 50. Provision of waste services 1 51. Costs of providing combined waste service 1 52. Codes of practice 1 53. CEO may monitor and evaluate waste services 1 54. Expenses of evaluation 1 55. Disposal of waste by local government 1 Division 2 — Waste collection permits 56. Waste collection permit 1 57. Consistency with modern practice 1 58. CEO to consult on issue, renewal or amendment of permit 1 59. Term and renewal of waste collection permit 1 60. Disposal of waste by holder of permit 1 Division 3 — Local laws and local government rates, fees and charges 61. Local laws in respect of waste management 1 62. Model local laws 1 63. Governor may amend or repeal local laws 1 64. Subject matter of local laws 1 65. Enforcement of local laws 1 66. Local government may impose waste collection rate 1 67. Local government may impose receptacle charge 1 68. Fees and charges fixed by local government 1 Division 4 — Offences 69. Waste collection not to be carried out by unauthorised persons 1 70. Obstruction or hindrance 1 71. Services to be provided in accordance with waste plan or permit 1 Division 5 — General 72. Accumulation of waste — prevention notice 1 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 1 74. Financial assurance 1 75. Payment by instalments 1 76. Penalty for non‑payment 1 77. Recovery of levy 1 78. Evading levy 1 Division 2 — Waste Avoidance and Resource Recovery Account 79. Waste Avoidance and Resource Recovery Account 1 80. Application of moneys in WARR Account 1 81. Application of Financial Management Act 2006 and Auditor General Act 2006 1 Part 8 — Enforcement Division 1 — Investigation and obtaining information 82. Power to require information or material 1 83. Inspectors 1 84. Authorised persons and analysts 1 85. Audit may be directed by CEO 1 Division 2 — General 86. Who can institute proceedings for offences 1 87. Time for bringing prosecutions 1 88. Daily penalties 1 89. Attempt, incitement or accessory after the fact 1 90. Additional powers available to the court 1 Part 9 — General provisions 91. Confidentiality 1 92. Delegation 1 93. Other provisions of EP Act apply 1 94. Protection from liability for wrongdoing 1 95. Laying documents before Parliament 1 96. Regulations 1 97. Regulations to operate as local laws 1 98. Regulations, local laws and waste strategy may adopt codes or legislation and other references 1 99. Review of Act 1 100. Consequential amendments 1 101. Transitional and savings provisions 1 102. Waste Avoidance and Resource Recovery Levy Regulations 2008 and amendments validated 1 Schedule 1 — Constitution and proceedings of the Waste Authority Division 1 — General provisions 1. Meaning of terms used in this Schedule 1 2. Term of office 1 3. Resignation, removal 1 4. Leave of absence 1 5. Chairman unable to act 1 6. Acting members 1 7. Saving 1 Division 2 — Proceedings of Waste Authority 8. Meetings 1 9. Voting 1 10. Minutes 1 11. Resolution without meeting 1 12. Holding meetings remotely 1 13. Waste Authority to determine own procedures 1 Division 3 — Disclosure of interests etc. 14. Disclosure of interests 1 15. Voting by interested members 1 16. Clause 15 may be declared inapplicable 1 17. Quorum where clause 15 applies 1 18. Minister may declare clauses 15 and 17 inapplicable 1 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 2. Environmental Protection Act 1986 amended 1 Schedule 5 — Savings and transitional provisions 1. Term used: commencement day 1 2. Application of the Interpretation Act 1984 1 3. Local laws under Health Act 1911 continued 1 4. Fees and charges fixed under Health Act 1911 continued 1 5. Regulations 1 6. Waste Management and Recycling Fund 1 7. Waste Management (WA): devolution of assets and liabilities 1 8. Transitional regulations 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Waste Avoidance and Resource Recovery Act 2007 An Act to — * provide for waste avoidance and resource recovery; and * establish the Waste Authority; and * establish a container deposit scheme; 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. [Long title amended: No. 5 of 2019 s. 4.]