Reprint note
The text of section 173Z(1) was incorrect in an earlier version of this reprint. This version was corrected on 10 February 2017.
Waste Reduction and Recycling Act 2011
An Act to encourage the proper use of resources by improving ways of reducing and dealing with waste and to repeal the
Environmental Protection (Waste Management) Policy 2000
Chapter 1
Preliminary
Part 1
Introduction
1
Short title
This Act may be cited as the
Waste Reduction and Recycling Act 2011
.
2
Commencement
(1)
The following provisions commence on 1 December 2011—
•
chapter 3, parts 3, 4 and 7
•
sections 63 and 65
•
chapters 5, 6, 7 and 8
•
chapter 15, part 1
•
sections 300 and 301
•
chapter 16, parts 1, 2 and 3.
(2)
Chapter 16, parts 4 to 7 commence on a day to be fixed by proclamation.
Part 2
Objects, applicable principles and application of Act
3
Objects of Act
The objects of this Act are the following—
(a)
to promote waste avoidance and reduction, and resource recovery and efficiency actions;
(b)
to reduce the consumption of natural resources and minimise the disposal of waste by encouraging waste avoidance and the recovery, re-use and recycling of waste;
(c)
to minimise the overall impact of waste generation and disposal;
(d)
to ensure a shared responsibility between government, business and industry and the community in waste management and resource recovery;
(e)
to support and implement national frameworks, objectives and priorities for waste management and resource recovery.
4
Achieving Act’s objects
(1)
If, under this Act, a function or power is conferred on a person, the person must perform the function or exercise the power in a way that best achieves the objects of this Act.
(2)
Without limiting subsection (1), the achievement of the objects of this Act must if practicable be guided by—
(a)
the waste and resource management hierarchy; and
(b)
the following policy principles (the waste and resource management principles)—
(i)
the polluter pays principle;
(ii)
the user pays principle;
(iii)
the proximity principle;
(iv)
the product stewardship principle.
5
Approach to achieving Act’s objects
The objects of this Act are intended primarily to be achieved through approaches that include the following—
(a)
preparation, implementation and maintenance of a waste management strategy for the State;
(b)
providing for the preparation of State, local government and industry strategic waste management plans;
(c)
providing for reporting requirements for the State, local governments and business and industry;
(d)
banning particular waste disposal;
(e)
identifying priority products or priority waste and associated management tools;
(f)
preparation, implementation and maintenance of a priority statement;
(g)
providing for product stewardship schemes;
(h)
waste tracking requirements;
(i)
making end of waste codes and granting end of waste approvals;
(j)
prohibiting particular conduct in relation to waste;
(k)
appointing authorised persons to investigate matters arising under this Act and otherwise to enforce this Act;
(l)
supporting approaches mentioned in paragraphs (a) to (k) through the making of regulations under this Act.
s 5
amd 2013 No. 6
s 19; 2014 No. 59
ss 146, 165
6
Act binds all persons
(1)
This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.
(2)
However, the Commonwealth or a State can not be prosecuted for an offence against this Act.
Part 3
Interpretation
Division 1
Dictionary
7
Definitions
The dictionary in the schedule defines particular words used in this Act.
Division 2
Key concepts and definitions
8
The concept of disposal
(1)
This Act commonly uses the expression disposal in relation to waste.
(2)
In practical terms, a primary outcome arising from the implementation of this Act’s provisions is intended to be a reduction in the amount of waste that permanently, or at least indefinitely, effectively becomes incorporated into land, commonly referred to as becoming landfill.
(3)
Accordingly, in this Act, a reference to disposal in relation to waste may ordinarily be taken to mean the depositing of the waste, other than on a temporary or short term basis, into or onto land.
(4)
Subsection (3) does not limit what disposal may be taken to mean in an appropriate context.
8A
Meaning of waste disposal site
A waste disposal site is a waste facility to which both of the following apply—
(a)
the operator of the facility is required to hold an environmental authority for the disposal of waste at the facility;
(b)
waste delivered to the facility commonly includes waste that is subsequently disposed of to landfill at the facility.
s 8A
(prev s 27) sub 2013 No. 6
s 21
(1)
renum and reloc 2013 No. 6
s 21
(2)
amd 2012 No. 16
s 78 sch amdt 1 (amd 2013 No. 6
s 50 sch amdt 28) (amdt could not be given effect)
9
Meaning of waste and resource management hierarchy
The waste and resource management hierarchy is the following precepts, listed in the preferred order in which waste and resource management options should be considered—
(a)
AVOID unnecessary resource consumption;
(b)
REDUCE waste generation and disposal;
(c)
RE-USE waste resources without further manufacturing;
(d)
RECYCLE waste resources to make the same or different products;
(e)
RECOVER waste resources, including the recovery of energy;
(f)
TREAT waste before disposal, including reducing the hazardous nature of waste;
(g)
DISPOSE of waste only if there is no viable alternative.
10
Meaning of polluter pays principle
(1)
The polluter pays principle is the principle that all costs associated with the management of waste should be borne by the persons who generated the waste.
(2)
The costs associated with the management of waste may include the costs of—
(a)
minimising the amount of waste generated; and
(b)
containing, treating and disposing of waste; and
(c)
rectifying environmental harm caused by waste.
11
Meaning of user pays principle
(1)
The user pays principle is the principle that all costs associated with the use of a resource should be included in the prices of the goods and services (including government services) that result from the use.
(2)
In deciding what are the costs associated with the use of a resource, an amount received from a government as a subsidy, incentive payment, grant or similar payment, that would otherwise reduce the costs, must be disregarded.
12
Meaning of proximity principle
The proximity principle is the principle that waste and recovered resources should be managed as close to the source of generation as possible.
13
Meaning of product stewardship principle
(1)
The product stewardship principle is the principle that there is a shared responsibility between all persons who are involved in the life cycle of a product for managing the environmental, social and economic impact of the product.
(2)
The product stewardship principle recognises that different roles and responsibilities may apply at each stage in the life cycle of a product.
(3)
However, the product stewardship principle does not apply to an entity—
(a)
in relation to a matter to which the packaging NEPM applies; or
(b)
if the entity is a signatory to the Australian Packaging Covenant—in relation to a matter to which the covenant applies; or
(c)
if the entity is a signatory to a national product stewardship arrangement, or a State-based product stewardship scheme approved or accredited under this Act, and is meeting its obligations under the arrangement or scheme—in relation to a matter to which the arrangement or scheme applies.
(4)
An arrangement mentioned in subsection (3)
(c) may be voluntary or mandatory in nature or may include both voluntary and mandatory aspects.
Chapter 2
Waste management strategy
ch hdg sub 2013 No. 6
s 50 sch
Part 1
Introduction
pt hdg prev pt 1 hdg om 2013 No. 6
s 50 sch
pres pt 1 hdg ins 2013 No. 6
s 50 sch
pt 1 div 1 hdg om 2013 No. 6
s 50 sch
pt 1 div 2 hdg om 2013 No. 6 s 50 sch
pt 1 div 3 hdg om 2013 No. 6 s 50 sch
pt 1 div 4 hdg om 2013 No. 6 s 50 sch
14
Waste management strategy
(1)
This part provides for the making of a waste management strategy for the State to help in achieving the objects of this Act.
(2)
The waste management strategy is intended as a long-term strategy for—
(a)
achieving waste avoidance, sustainable consumption, industry investment in innovation and new infrastructure, strategic regional infrastructure planning, and product stewardship; and
(b)
securing continuous improvement in waste management and resource recovery practices, services and technologies, benchmarked against best available technology; and
(c)
reducing the climate change impacts of waste management and disposal.
15
What may be included in State’s waste management strategy
(1)
The State’s waste management strategy may provide for anything affecting, or that may affect or be affected by, the management of waste.
(2)
Without limiting subsection (1), the strategy may include the following—
(a)
waste avoidance;
(b)
resource efficiency;
(c)
resource recovery;
(d)
product design;
(e)
consumption;
(f)
product stewardship;
(g)
priority products or priority waste;
(h)
standards, criteria and specifications for recycled materials and products containing recycled material;
(i)
strategic waste management planning;
(j)
data reporting.
s 15
amd 2014 No. 59
s 147
Part 2
Draft waste management strategy
pt hdg prev pt 2 hdg om 2013 No. 6
s 20
pres pt 2 hdg ins 2013 No. 6
s 50 sch
16
Preparation of draft strategy
(1)
The chief executive must prepare a draft of the State’s waste management strategy.
(2)
The chief executive must give public notice when a draft of the waste management strategy has been prepared.
(3)
The notice must—
(a)
be published on the department’s website and in any other way the chief executive considers appropriate; and
(b)
state where copies of the draft strategy may be inspected; and
(c)
invite written submissions from the public on the draft strategy; and
(d)
state a day by which the written submissions may be given to the chief executive.
(4)
The period for receiving submissions must be at least 28 days.
Part 3
Making of waste management strategy
pt hdg ins 2013 No. 6
s 50 sch
17
Submissions to be considered when preparing final strategy
(1)
The chief executive must prepare, and give to the Minister, a final version of the State’s waste management strategy.
(2)
In preparing the final version of the strategy, the chief executive must consider all submissions on the draft strategy given to the chief executive under section 16.
18
Approval of final strategy
(1)
The final version of the waste management strategy must be approved by the Minister by gazette notice.
(2)
The waste management strategy comes into effect as the State’s waste management strategy on the day the Minister’s approval is gazetted or on a later day stated in the gazette notice or in the strategy for that purpose.
(3)
The gazette notice in which the Minister approves the waste management strategy must include details about where a copy of the strategy may be inspected and obtained.
(4)
The chief executive must publish the waste management strategy in full on the department’s website as soon as practicable after its approval.
19
Minor amendment of waste management strategy
(1)
A minor amendment of the waste management strategy may be made without complying with the requirements of part 2.
(2)
In this section—
minor amendment, of the waste management strategy, means an amendment of the strategy—
(a)
to correct a minor error in the strategy; or
(b)
to make another change that is not a change of substance; or
(c)
on 1 occasion only, to extend the period for which the strategy is in force for a period of not more than 1 year.
s 19
amd 2013 No. 6
s 50 sch
Part 4
Review and progress reporting
pt hdg ins 2013 No. 6
s 50 sch
20
Review of State’s waste management strategy
(1)
The chief executive must conduct reviews of the State’s waste management strategy—
(a)
for the first review—before the end of 2 years after the commencement of this section; and
(b)
for subsequent reviews—before the end of 3 years after each final review report is published.
(2)
However, reviews may be conducted more frequently as the Minister directs.
21
Preparation of draft review report on waste management strategy
(1)
As part of the process of reviewing the State’s waste management strategy, the chief executive must—
(a)
prepare a review report in draft form; and
(b)
give public notice when the draft has been prepared.
(2)
The notice must—
(a)
be published on the department’s website and in any other way the chief executive considers appropriate; and
(b)
state where copies of the draft review report may be inspected; and
(c)
invite written submissions from the public on the draft review report; and
(d)
state a day by which the written submissions may be given to the chief executive.
(3)
The period for receiving submissions must be at least 28 days.
(4)
Without limiting what may be dealt with in a review report, a review report must have regard to goals and targets, however named, included in the waste management strategy.
22
Publication of review report and amending or replacement waste management strategy
(1)
The chief executive must, within a reasonable time after the period for receiving written submissions on the draft review report has ended, prepare, and publish in full on the department’s website, a final report of the review (the final review report).
(2)
In preparing the final review report, the chief executive must consider all submissions on the draft review report given to the chief executive under section 21.
(3)
The final review report must outline the findings of the review and may recommend an amendment or replacement of the waste management strategy to implement findings of the review.
(4)
The chief executive may prepare and give to the Minister, for approval by gazette notice, a final amending or replacement waste management strategy to implement a recommendation mentioned in subsection (3) without having first prepared and consulted on a draft amending or replacement waste management strategy.
23
Preparation and approval of business plan
s 23
om 2013 No. 6
s 20
24
Chief executive to report department’s progress for business plan
s 24
om 2013 No. 6
s 20
25
Main purpose
s 25
om 2013 No. 6
s 22
26
Definitions for ch 3
s 26
om 2013 No. 6
s 22
28
Chief executive may declare limits for disaster management waste
s 28
om 2013 No. 6
s 23
29
Application for approval of waste as exempt waste
s 29
om 2013 No. 6
s 23
30
Chief executive may require additional information
s 30
om 2013 No. 6
s 23
31
Deciding application
s 31
om 2013 No. 6
s 23
32
Grant of application
s 32
om 2013 No. 6
s 23
33
Refusal of application
s 33
om 2013 No. 6
s 23
34
Chief executive may declare waste to be exempt waste without exempt waste application
s 34
om 2013 No. 6
s 23
35
Cancellation of approval
s 35
om 2013 No. 6
s 23
36
Procedure for cancelling approval
s 36
om 2013 No. 6
s 23
37
Imposition of waste levy
s 37
om 2013 No. 6
s 23
38
Calculating waste levy amount
s 38
om 2013 No. 6
s 23
39
Resource recovery deduction
s 39
om 2013 No. 6
s 23
40
Regulation identifying waste levy zone
s 40
om 2013 No. 6
s 23
41
Person delivering waste to levyable waste disposal site to give information as required by operator of site
s 41
om 2013 No. 6
s 24
42
Remitting waste levy amounts to State
s 42
om 2013 No. 6
s 25
Chapter 3
Obligations of operator of waste disposal site
ch hdg sub 2013 No. 6
s 50 sch
Part 1
Weighbridges
pt hdg prev pt 1 hdg om 2013 No. 6
s 22
pres pt 1 hdg ins 2013 No. 6
s 25
43
Weighbridge requirement provision
(1)
This section applies to a waste disposal site prescribed under a regulation.
(2)
If the operator of a waste disposal site is required to hold an environmental authority for the disposal of more than 10,000t of waste in a year at the site, the operator must ensure that a weighbridge is installed at the site on or before a day prescribed under a regulation.
(3)
The weighbridge must be kept in proper working order.
(4)
If any event results in the weighbridge being out of operation, the weighbridge must be brought into operation in the shortest practicable time.
(5)
Despite subsection (2), the operator of a waste disposal site is not required to ensure that a weighbridge is installed at the site if it is planned to close the site within 1 year after the operator would otherwise be required, under the subsection, to ensure a weighbridge is installed at the site.
s 43
sub 2013 No. 6
s 25
amd 2012 No. 16
s 78 sch (amd 2013 No. 6
s 50 sch amdt 29)
44
Measurement of waste by weighbridge
(1)
This section applies if a weighbridge is installed at a waste disposal site prescribed under a regulation, whether or not the weighbridge is required under the weighbridge requirement provision.
(2)
The operator of the site must, unless the operator has a reasonable excuse, ensure that the weighbridge is used to measure and record—
(a)
amounts of waste delivered at the site; and
(b)
amounts of stockpiled waste moved to landfill at the site; and
(c)
amounts of stockpiled waste moved to a place outside the site at any time after its delivery to the site; and
(d)
amounts of waste the subject of any other movement to, from or within the site if the movement of the waste is prescribed under a regulation.
Maximum penalty—300 penalty units.
(3)
However, subsection (2) does not apply if waste is delivered to or moved from the site in a vehicle with a GCM or a GVM of less than 4.5t.
s 44
amd 2013 No. 6
s 26
45
Measurement of waste other than by weighbridge
s 45
om 2013 No. 6
s 27
46
Electronic monitoring
s 46
om 2013 No. 6
s 27
47
Volumetric survey for levyable waste disposal site
s 47
om 2013 No. 6
s 27
48
Volumetric survey for new landfill cells
s 48
om 2013 No. 6
s 27
49
Requirements applying for volumetric surveys
s 49
om 2013 No. 6
s 27
50
Keeping of results of volumetric survey
s 50
om 2013 No. 6
s 27
51
Failure to comply with requirements for volumetric survey
s 51
om 2013 No. 6
s 27
Part 2
Waste data returns
pt hdg prev pt 2 hdg om 2013 No. 6
s 23
pres pt 2 hdg ins 2013 No. 6
s 28
52
Submission of waste data returns
(1)
This section applies to a waste disposal site prescribed under a regulation.
(2)
The operator of the waste disposal site must, on or before the day prescribed under a regulation, give the chief executive a return in the approved form (a waste data return) for the period prescribed under a regulation (a reporting period).
Maximum penalty—300 penalty units.
(3)
Without limiting subsection (2), information that an approved form of waste data return may require includes information about—
(a)
the types and amount of waste—
(i)
delivered to the site; or
(ii)
disposed of to landfill at the site; or
(iii)
moved from the site to a place outside the site; and
(b)
if a weighbridge is installed at the site—the operation of the weighbridge during the reporting period for the site.
(4)
A regulation may prescribe different reporting periods for waste disposal sites of different types or sizes.
s 52
sub 2013 No. 6
s 28
53
Requirement for operator of levyable waste disposal site to keep particular documents
s 53
om 2013 No. 6
s 29
54
Waste levy evasion
s 54
om 2013 No. 6
s 30
Part 3
OPERATION OF THE WASTE LEVY
pt hdg om 2013 No. 6
s 23
Part 4
OBLIGATIONS ABOUT THE WASTE LEVY
pt hdg om 2013 No. 6
s 50 sch
Division 1
Obligations of person delivering waste
div hdg om 2013 No. 6
s 24
Division 2
Obligations of operator of levyable waste disposal site
div hdg om 2013 No. 6
s 50 sch
Division 3
Payment options
div 3 (ss 55–60) om 2013 No. 6
s 31
55
div 3 (ss 55–60) om 2013 No. 6
s 31
56
div 3 (ss 55–60) om 2013 No. 6
s 31
57
div 3 (ss 55–60) om 2013 No. 6
s 31
58
div 3 (ss 55–60) om 2013 No. 6
s 31
59
div 3 (ss 55–60) om 2013 No. 6
s 31
60
div 3 (ss 55–60) om 2013 No. 6
s 31
Part 5
RESOURCE RECOVERY AREA
pt 5 (ss 61–67) om 2013 No. 6
s 31
61
pt 5 (ss 61–67) om 2013 No. 6
s 31
62
pt 5 (ss 61–67) om 2013 No. 6
s 31
63
pt 5 (ss 61–67) om 2013 No. 6
s 31
64
pt 5 (ss 61–67) om 2013 No. 6
s 31
65
pt 5 (ss 61–67) om 2013 No. 6
s 31
66
pt 5 (ss 61–67) om 2013 No. 6
s 31
67
pt 5 (ss 61–67) om 2013 No. 6
s 31
Part 6
WASTE AND ENVIRONMENT FUND
pt 6 (ss 68–72) om 2013 No. 6
s 31
68
pt 6 (ss 68–72) om 2013 No. 6
s 31
69
pt 6 (ss 68–72) om 2013 No. 6
s 31
70
pt 6 (ss 68–72) om 2013 No. 6
s 31
71
pt 6 (ss 68–72) om 2013 No. 6
s 31
72
pt 6 (ss 68–72) om 2013 No. 6
s 31
Part 7
MISCELLANEOUS
pt 7 (s 73) om 2013 No. 6
s 31
73
pt 7 (s 73) om 2013 No. 6
s 31
Chapter 4
Management of priority products and priority waste
ch hdg amd 2014 No. 59
s 148
Part 1
Preliminary
74
Purpose of chapter
The purpose of this chapter is—
(a)
to encourage, and in particular circumstances to require, persons who are involved in the life cycle of a product to share responsibility for—
(i)
ensuring that, for the product, there is effective waste avoidance, reduction, re-use, recycling, recovery or treatment; and
(ii)
managing the impacts of the product throughout its life cycle, including end-of-use management; and
(b)
otherwise—to improve the management of waste that is not a product.
s 74
sub 2014 No. 59
s 149
74A
Definitions for ch 4
In this chapter—
producer, of a product, includes any of the following—
(a)
the manufacturer of the product;
(b)
a person who imports the product into Queensland;
(c)
a person who supplies the product in Queensland;
(d)
a person who has a legal or equitable interest in the name under which the product is supplied in Queensland.
s 74A
ins 2014 No. 59
s 150
Part 2
Priority products and priority waste
pt hdg amd 2014 No. 59
s 151
75
Preparation and notification of draft priority statement
(1)
The chief executive may—
(a)
prepare a draft priority statement for—
(i)
1 or more products; or
(ii)
1 or more categories of waste; and
(b)
advertise the existence and availability of the statement by notice published on the department’s website and in any other way the chief executive considers appropriate.
(2)
The notice must state—
(a)
how copies of the draft priority statement may be obtained or accessed; and
(b)
the period, of at least 28 days after publication of the notice, within which a person may make a written submission to the chief executive about any matter relevant to the statement.
s 75
amd 2014 No. 59
s 152
76
Requirements for draft priority statement
(1)
The draft priority statement must state—
(a)
the products or category of waste intended to be included in the final statement as priority products or priority waste; and
(b)
how each proposed product or the proposed category of waste satisfies the criteria under section 77; and
(c)
the management options under consideration for each proposed product, a strategic waste planning option, an end of waste code or an end of waste approval.
(2)
In deciding whether to include a product or category of waste in the draft priority statement, the chief executive must consider—
(a)
whether the product or category of waste satisfies the criteria under section 77; and
(b)
whether action is proposed or is currently in progress for the product or category of waste through a national approach; and
(c)
whether there are significant benefits from taking action to reduce impacts from disposal of the product or category of waste.
(3)
In deciding the management options to be stated under subsection (1)
(c), the chief executive must have regard to the waste and resource management hierarchy and the waste and resource management principles.
(4)
In preparing a draft priority statement, the chief executive may consult with any expert reference group or other entity the chief executive considers appropriate.
s 76
amd 2014 No. 59
ss 153, 166
77
Criteria for a priority product or priority waste
A product or category of waste satisfies the criteria for a priority product or priority waste if at least 2 of the following apply to the product or category of waste—
(a)
the product or category of waste contains hazardous or toxic substances;
(b)
there is potential to reduce the consumption of resources through improved management of the product or category of waste;
(c)
there is potential to reduce the environmental impacts of the disposal of the product or category of waste through improved management of the product or category of waste;
Examples of environmental impacts—
greenhouse gas emissions from landfill, occurrence of leachates
(d)
there is potential to reduce the social impacts of the disposal of the product or category of waste through improved management of the product or waste;
Examples of social impacts—
danger to waste management workers, community concern, amenity
(e)
treating or disposing of the product or category of waste involves a significant cost to the community;
(f)
improved management of the product or category of waste is likely to create business opportunities that would contribute to the economy.
s 77
sub 2014 No. 59
s 154
78
Inclusion of invitation for voluntary product stewardship scheme
(1)
The chief executive may include in the final priority statement, for a particular product included in the final statement, an invitation (a scheme invitation) for persons to submit a proposed voluntary product stewardship scheme for accreditation.
(2)
However, in including a scheme invitation, the chief executive must have regard to the following—
(a)
whether the product can be effectively managed under a voluntary product stewardship scheme;
(b)
whether an approved program is in existence for the product and whether the program is being appropriately implemented.
(3)
A scheme invitation must state—
(a)
the period, of at least 18 months, within which any proposed voluntary product stewardship scheme would have to be submitted for accreditation; and
(b)
the expected outcomes from any proposed voluntary product stewardship scheme; and
(c)
that if no voluntary product stewardship scheme is accredited for the product, a regulation may be made to establish a regulated product stewardship scheme for the product.
(4)
A scheme invitation may state—
(a)
any limitations to the scope of a proposed voluntary product stewardship scheme, including for example geographic or business type or size limitations; and
(b)
other matters relevant to a voluntary product stewardship scheme for the particular product.
(5)
The chief executive is not stopped from subsequently granting a single extension of the period mentioned in subsection (3)
(a) for not more than 1 year at the request of the proposed scheme manager for a proposed voluntary product stewardship scheme.
s 78
amd 2014 No. 59
s 155
79
Finalisation of priority statement
(1)
The chief executive must prepare, and give to the Minister, a final version of the priority statement.
(2)
When preparing the final priority statement, the chief executive must consider all submissions made to the chief executive on the draft priority statement under section 75.
s 79
amd 2014 No. 59
s 156
80
Approval of final priority statement
(1)
The final priority statement does not have effect as a priority statement under this Act until it has been approved by the Minister by gazette notice.
(2)
The priority statement comes into effect on the day the Minister’s approval is gazetted or on a later day stated in the gazette notice or in the priority statement for that purpose.
(3)
The gazette notice in which the Minister approves the priority statement must include details about where a copy of the priority statement may be inspected and obtained.
(4)
The chief executive must publish the priority statement on the department’s website as soon as practicable after its approval.
s 80
amd 2014 No. 59
s 157
81
Minor amendment of priority statement
(1)
A minor amendment of the priority statement may be made without the requirements of this part having been complied with, other than the requirement for approval by the Minister by gazette notice.
(2)
In this section—
minor amendment, of the priority statement, means an amendment or replacement of the statement—
(a)
to correct a minor error in the statement; or
(b)
to make another change that is not a change of substance.
s 81
amd 2014 No. 59
s 158
82
Review of priority statement
(1)
At least once every 3 years, the chief executive must review the priority statement and amend or replace the statement having regard to the outcome of the review.
(2)
If the process of review includes public consultation that in substance is equivalent to that required for the first draft priority statement under this chapter, the chief executive may prepare and give to the Minister, for approval by gazette notice, a final amending or replacement priority statement without having first prepared and consulted on a draft amending or replacement statement.
s 82
amd 2014 No. 59
s 159
Part 3
Product stewardship schemes
Division 1
Product stewardship schemes generally
83
What is a product stewardship scheme
A product stewardship scheme is a scheme—
(a)
in which persons who are involved in the life cycle of a product share responsibility for the management and impact of the product throughout its life cycle, including end-of-use management; and
(b)
that seeks to redress the adverse impacts of a product.
84
What is a voluntary product stewardship scheme
A voluntary product stewardship scheme is a product stewardship scheme under which the participants in the scheme, as identified in the scheme, voluntarily share responsibility for the management and impact of the product.
85
What is a regulated product stewardship scheme
A regulated product stewardship scheme is a product stewardship scheme that is prescribed under a regulation under this part for a priority product.
86
What is an approved program
An approved program, for a product, is a program, scheme or agreement applying to the product in a way that is substantially similar to the way a product stewardship scheme would apply to the product, but only if—
(a)
the State is a signatory to the program, scheme or agreement; or
(b)
the State has entered into a memorandum of understanding or similar arrangement supporting the application of the program, scheme or agreement; or
(c)
the State has been a party to the development and finalisation of the program, scheme or agreement; or
(d)
the program, scheme or agreement has been accredited or approved as part of a national product stewardship framework to which the State is a party.
87
When is a product stewardship scheme in force for a product
(1)
A product stewardship scheme is in force for a product if—
(a)
it is a voluntary product stewardship scheme applying to the product, and the scheme has been accredited by the chief executive under this part; or
(b)
it is a regulated product stewardship scheme applying to the product.
(2)
A product stewardship scheme mentioned in subsection (1)
(a) is an accredited product stewardship scheme.
88
Accredited product stewardship scheme does not override laws
An accredited product stewardship scheme has no effect to the extent it is inconsistent with any law of the State or the Commonwealth.
Example—
A provision of a voluntary product stewardship scheme for a product would have no effect to the extent it purported to require a participant in the scheme to deal with the product in a way prohibited under the Environmental Protection Act.
Division 2
Accreditation of voluntary product stewardship schemes
89
Application for accreditation
(1)
The person who is identified in a proposed voluntary product stewardship scheme as the scheme manager for the scheme may apply to the chief executive for accreditation of the scheme.
(2)
An application under subsection (1) must—
(a)
be in the approved form; and
(b)
include the information prescribed under a regulation; and
(c)
be accompanied by the fee prescribed under a regulation; and
(d)
if it is a proposed voluntary product stewardship scheme for a priority product—explain how the proposed scheme meets the requirements of this chapter for a product stewardship scheme for a priority product; and
(e)
state whether a regulation is required to facilitate the implementation or operation of the scheme; and
(f)
include evidence of the agreement of persons identified as participants in the scheme.
90
Requirements for accreditation
(1)
To qualify for accreditation under this part, the proposed voluntary product stewardship scheme must—
(a)
identify the scheme manager for the scheme; and
(b)
describe the scope of the scheme and identify, whether or not by reference to brand, the product to which the scheme applies; and
(c)
include the following information—
(i)
how long the scheme is to be in force;
(ii)
targets for avoiding, re-using or recycling of waste for the product;
(iii)
time frames for achieving each target;
(iv)
the information that is to be collected, assessed and audited to gauge performance of the scheme;
(v)
how the public is to be advised of information about the scheme; and
(d)
list the classes of persons involved in the design, manufacture, sale, use, servicing, collection, recovery, recycling, treatment or disposal of the product; and
(e)
list the participants in the scheme and assign to them their respective responsibilities for meeting the scheme’s objectives; and
(f)
state the arrangements for—
(i)
making decisions under the scheme; and
(ii)
the control and overall operation of the scheme; and
(iii)
keeping records and making reports under the scheme; and
(g)
state the date the scheme ends; and
(h)
identify the processes for compliance with, and enforcement of, any agreements between the participants in the scheme; and
(i)
provide for assessing the scheme’s performance and for reporting on its performance to the Minister; and
(j)
state a strategy for publication of the scheme; and
(k)
state how information will be provided to purchasers, users and handlers of the product; and
(l)
clearly outline how the scheme will be funded; and
(m)
if the product under the proposed scheme is a priority product and the priority statement includes recommendations for improving management of the product—show how those recommendations are taken account of.
(2)
The proposed scheme may include any other matter a producer of the product considers relevant.
s 90
amd 2014 No. 59
s 160
91
Accreditation
In deciding whether to accredit a proposed voluntary product stewardship scheme for a product the chief executive must have regard to—
(a)
whether the application for accreditation meets the requirements of this part for an application; and
(b)
whether the proposed scheme meets the requirements of this part for accreditation; and
(c)
whether the proposed scheme’s targets are likely to be met within the time frames stated in the scheme; and
(d)
whether the proposed scheme is likely to promote waste reduction or reduce environmental impact from disposing of the product without, in either case, causing greater impact over the life cycle of the product; and
(e)
whether the proposed scheme is consistent with the State’s obligations under national arrangements; and
(f)
if the product is a priority product that was the subject of a scheme invitation—whether the proposed scheme is likely to achieve the expected outcomes of any proposed voluntary product stewardship scheme stated in the invitation; and
(g)
if the product is a priority product, whether or not it was the subject of a scheme invitation—whether the proposed scheme takes account of recommendations included in the priority statement for the priority product.
s 91
amd 2014 No. 59
s 161
92
Inquiry about application
Before deciding the application, the chief executive may by notice ask for further information from—
(a)
the scheme manager; or
(b)
through the scheme manager—any person who, in the opinion of the chief executive, is likely to be significantly affected by the scheme.
93
Deciding application
(1)
As soon as practicable after deciding to accredit a proposed voluntary product stewardship scheme, the chief executive must give the scheme manager for the scheme notice of the decision to accredit.
(2)
If the chief executive refuses to grant the application, the chief executive must as soon as practicable give the applicant an information notice for the decision to refuse.
94
Register of accredited schemes
(1)
When the chief executive accredits a voluntary product stewardship scheme, the chief executive must register the scheme on a register of accredited product stewardship schemes kept in the department.
(2)
The chief executive must ensure the register mentioned in subsection (1) is kept as an accurate record of information about the accreditation and history of currently and previously accredited product stewardship schemes.
(3)
The register must be kept by the chief executive as a searchable, public register.
95
Amendment of accredited product stewardship scheme
(1)
The participants in an accredited product stewardship scheme may amend the scheme by agreement of all the participants.
(2)
The scheme manager for the scheme must advise the chief executive of the amendment within 10 business days after the amendment is made if the amendment is one of the following—
(a)
adding to the participants in the scheme or removing any of the participants;
(b)
changing the scheme manager for the scheme;
(c)
adding to the brands of the product that are the subject of the scheme.
(3)
The chief executive must record, on the register of accredited product stewardship schemes, details of the amendment the chief executive considers appropriate.
(4)
An amendment under subsection (1) must not include an amendment that will have an adverse effect on achieving the scheme’s objectives, including, for example, by affecting the ability of the scheme to meet its objectives within the time frames included in the scheme.
(5)
Subsection (4) does not stop the accreditation of a new voluntary product stewardship scheme to replace an existing accredited scheme.
96
Expiry of accredited product stewardship scheme
(1)
The accreditation of an accredited product stewardship scheme expires on the earlier of the following—
(a)
the date stated in the scheme as the date the scheme ends;
(b)
5 years after the accreditation of the scheme.
(2)
However, the accreditation of an accredited product stewardship scheme (scheme A) continues in force, as provided for in subsection (3), after the date (the expiry date) it would otherwise end if—
(a)
the scheme manager for scheme A has, not later than 6 months before scheme A’s accreditation was due to end, applied to the chief executive for the accreditation of a new voluntary product stewardship scheme (scheme B) to replace scheme A; and
(b)
the chief executive has not decided, on or before the expiry date, whether scheme B should be accredited.
(3)
Scheme A’s accreditation continues in force until—
(a)
the accreditation of scheme B takes effect, either in its form as first proposed or as subsequently changed in the application process; or
(b)
the application process for scheme B’s accreditation has been completed, including, for example, the completion of any review about the chief executive’s decision on the proposed accreditation, and scheme B is not accredited.
97
Revocation of accreditation
(1)
The Minister may revoke the accreditation of an accredited product stewardship scheme if the Minister is satisfied that—
(a)
any of the following apply—
(i)
reasonable steps are not being taken to implement the scheme;
(ii)
the scheme’s objectives are not being met, or are unlikely to be met, within the time frames stated in the scheme;
(iii)
the reporting requirements included in the scheme are not being complied with; or
(b)
the product the subject of the scheme was not a priority product when the scheme was accredited, but it has subsequently become a priority product and the objectives of the scheme are no longer adequate for the product.
(2)
Before revoking the accreditation of the product stewardship scheme, the Minister must—
(a)
give notice to the scheme manager for the scheme advising of the proposed action; and
(b)
give the scheme manager a reasonable opportunity to make a submission to the Minister about the proposed revocation.
(3)
If the Minister decides to revoke the accreditation, and the revocation is under subsection (1)
(a), the Minister must give the scheme manager for the scheme an information notice for the decision to revoke the accreditation.
Division 3
Product stewardship schemes by regulation
98
Regulation about product stewardship
(1)
A regulation—
(a)
may provide for the implementation and operation of a regulated product stewardship scheme for a priority product; or
(b)
may include provisions to facilitate the accreditation of a proposed voluntary product stewardship scheme, or the implementation and operation of an accredited product stewardship scheme or an approved program.
(2)
Without limiting subsection (1), the regulation may include any of the following—
(a)
the expected waste minimisation, treatment or disposal targets for the product the subject of the scheme or program and the required times for meeting the targets;
(b)
reporting and information requirements, including information to be provided to purchasers, users and handlers of the product the subject of the scheme or program;
(c)
if the regulation provides for the implementation and operation of a regulated product stewardship scheme—
(i)
the scheme manager for the scheme and the obligations of the scheme manager; and
(ii)
the duration of the scheme;
(d)
if the regulation applies to a voluntary product stewardship scheme intended to be, but not yet, accredited—the period within which the application for accreditation is required to be made;
(e)
the period within which any person is required to commence complying with any of the requirements or duties imposed on the person under the regulation.
(3)
The Minister must not recommend to the Governor in Council the making of a regulation under subsection (1)
(a) for a priority product if—
(a)
there is currently an accredited product stewardship scheme for the product and it is expected that the scheme will still be in force after the regulation commences; or
(b)
the time limit, as stated in a scheme invitation in the priority statement as currently in force, for the submission for accreditation of a voluntary product stewardship scheme for the product has not yet elapsed.
(4)
The Minister may recommend to the Governor in Council the making of a regulation under subsection (1)
(a) for a priority product only after considering the following—
(a)
whether an approved program is in existence for the product and whether the program is being appropriately implemented;
(b)
whether economic analysis supports the implementation of the proposed regulated product stewardship scheme;
(c)
whether there are any constitutional or other impediments to the State’s acting unilaterally in implementing a product stewardship scheme for the product.
s 98
amd 2014 No. 59
s 162
Division 4
Monitoring of schemes
99
Monitoring of particular product stewardship scheme
(1)
The chief executive may at any time conduct monitoring of the performance of an accredited or regulated product stewardship scheme.
(2)
The monitoring may have regard especially to the stated targets and objectives of the scheme.
(3)
If asked to do so by the chief executive, the scheme manager under a regulated product stewardship scheme must reimburse the chief executive for some or all of the expenses reasonably incurred by the department in the conduct of the monitoring.
(4)
An amount payable under subsection (3) may be recovered as a debt payable by the scheme manager to the chief executive.
Part 4
Disposal bans
100
Application of this part
(1)
This part applies to waste only if a regulation has identified the waste for the purposes of this part.
(2)
Without limiting subsection (1), waste may be identified according to its type.
(3)
This part does not apply to waste excluded under a regulation from the operation of this part.
(4)
Waste to which this part applies is disposal ban waste.
101
Prohibition on disposal of disposal ban waste
The operator of a waste facility who is required to hold an environmental authority in relation to the disposal of waste at the facility must not dispose of disposal ban waste at the facility.
Maximum penalty—1000 penalty units.
s 101
amd 2012 No. 16
s 78 sch (amd 2013 No. 6
s 50 sch amdt 29)
102
Considerations for prescribing waste as disposal ban waste
(1)
The Minister may recommend to the Governor in Council the making of a regulation that identifies waste for the purposes of this part only after considering all of the following—
(a)
whether prohibition on the disposal of the waste is the most effective point of intervention in the life cycle of the waste;
(b)
whether there are viable existing or potential collection systems and markets for any benefit that may be obtained from not disposing of the waste;
(c)
whether the costs of monitoring, enforcement and market development are proportional to the benefits;
(d)
whether voluntary or other measures for the avoidance of disposal have been shown not to be effective;
(e)
whether a prohibition on disposal is required to support an accredited product stewardship scheme, a regulated product stewardship scheme or an approved program.
(2)
The Minister, in considering the matters mentioned in subsection (1), may consult with any expert reference group or other entity the Minister considers appropriate.
Chapter 5
Offences relating to littering and illegal dumping
Part 1
Basic littering and illegal dumping offences
103
General littering provision
(1)
A person must not litter at a place.
Maximum penalty—
(a)
if the offence involves dangerous littering—40 penalty units; or
(b)
otherwise—30 penalty units.
(2)
For subsection (1), a person litters at a place if the person deposits at the place an amount of waste that is less than 200L in volume.
(3)
However, a person who deposits at a place an amount of waste of less than 200L in volume (the relevant waste) does not litter at the place if—
(a)
the person is an occupier of the place; or
(b)
the person deposits the relevant waste with the consent of an occupier of the place; or
(c)
the person deposits the relevant waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, for the purpose of depositing the relevant waste.
(4)
Despite subsection (3), a person who deposits at a place on a road an amount of waste of less than 200L in volume (also the relevant waste)—
(a)
commits an offence under subsection (1) even if the person is an occupier of the place, or deposits the relevant waste with the consent of an occupier of the place; but
(b)
does not commit an offence under subsection (1) if the person deposits the waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, and located at the place, for the purpose of depositing the relevant waste.
Example for subsection (4)—
A person would commit an offence under subsection (1) if the person, on a road under the control of a local government, deposited 50L of waste in a waste bin placed on the road by a road maintenance contractor, with the local government’s agreement, for the purpose of collecting waste road material.
(5)
In this section—
dangerous littering means depositing waste that causes or is likely to cause harm to a person, property or the environment.
Examples of dangerous littering—
•
throwing a lit cigarette onto dry grass in extreme fire danger conditions
•
smashing a bottle and leaving the broken glass on a footpath
•
leaving a syringe in a public place other than in a container intended for receiving used syringes
104
Illegal dumping of waste provision
(1)
A person must not illegally dump waste at a place.
Maximum penalty—
(a)
if the offence involves depositing a volume of less than 2500L of waste—400 penalty units; or
(b)
otherwise—1000 penalty units.
Note—
If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 268, to have also committed the offence.
(2)
For subsection (1), a person illegally dumps waste at a place if the person deposits at the place an amount of waste that is 200L or more in volume.
(3)
However, a person who deposits at a place an amount of waste of 200L or more in volume (the relevant waste) does not illegally dump the relevant waste if—
(a)
the person is an occupier of the place; or
(b)
the person deposits the relevant waste with the consent of an occupier of the place; or
(c)
the person deposits the waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, for the purpose of depositing the relevant waste.
(4)
Despite subsection (3), a person who deposits at a place on a road an amount of waste of 200L or more in volume (also the relevant waste)—
(a)
commits an offence under subsection (1) even if the person is an occupier of the place, or deposits the relevant waste with the consent of an occupier of the place; but
(b)
does not commit an offence under subsection (1) if the person deposits the relevant waste by placing it in a bin or other container provided by an occupier of the place, or by another person with the agreement of an occupier, and located at the place, for the purpose of depositing the relevant waste.
(5)
Two or more deposits of waste at a place are taken to be 1 deposit of waste for this section if they together constitute a connected series of deposits.
Example—
A connected series of 3 deposits of waste at a place, each of a volume of approximately 80L, would constitute the deposit at the place of an amount of waste that is more than 200L in volume.
s 104
amd 2013 No. 51
s 229
sch 1
Part 2
Material that may become waste
105
What is advertising material
(1)
Advertising material means any of the following, if it includes any form of advertising for a commercial purpose—
(a)
a circular, a flyer, promotional matter, information or a letter;
(b)
a newspaper, magazine or other publication distributed without charge to intended readers.
(2)
In this section—
flyer means a single sheet of printed material circulated to announce an event, promote a cause or advertise a product.
106
What is unsolicited advertising material for premises
(1)
Advertising material is unsolicited advertising material for premises if it is not addressed by name to an owner or occupier of the premises or to a person who is otherwise lawfully at the premises from time to time.
Examples of unsolicited advertising material—
advertising material addressed only as ‘To the householder’ or ‘To the occupier’
(2)
However, the following are not unsolicited advertising material for premises—
(a)
a newspaper delivered to the premises, unless the owner or occupier of the premises has advised the publisher or distributor of the newspaper that the owner or occupier does not wish to receive the newspaper;
(b)
material folded or inserted into a newspaper delivered to the premises if under this subsection the newspaper is not unsolicited advertising material for the premises.
s 106
amd 2011 No. 40
s 7B
107
Unlawful delivery provision
(1)
A person must not deliver to premises any unsolicited advertising material for the premises if—
(a)
on an exterior receptacle or other place for receiving mail for the premises, or on a boundary fence or gate adjoining the footpath or other public access point for the premises, there is a legible sign or marking; and
(b)
the sign or marking states ‘No Advertising Material’, ‘No Junk Mail’, ‘Australia Post Mail Only’ or words to similar effect or otherwise contains any words in English indicating, expressly or by implication, that unsolicited advertising material for the premises is not to be delivered to the premises; and
(c)
the sign or marking is clearly visible to a person delivering the advertising material to the premises.
(2)
This section does not apply to the giving of unsolicited advertising material for premises personally to a person at the premises.
(3)
To remove any doubt, it is declared that this section does not apply to the delivery to premises of a newspaper unless, having regard to section 106
(2), the newspaper is unsolicited advertising material for the premises.
s 107
amd 2011 No. 40
s 7C
108
Secure delivery provision
(1)
A person who delivers to premises any unsolicited advertising material for the premises must ensure that the material is placed securely—
(a)
in a receptacle, slot or other place used for the delivery of mail to the premises; or
(b)
in a receptacle or slot that is used for the delivery of newspapers to the premise; or
(c)
under a door of the premises.
(2)
To remove any doubt, it is declared that this section does not apply to the delivery to premises of a newspaper unless, having regard to section 106
(2), the newspaper is unsolicited advertising material for the premises.
s 108
amd 2011 No. 40
s 7D
109
Placing document on or in motor vehicle or on building or other fixed structure
(1)
A person must not place any document in or on a motor vehicle without the express consent of a person who is a registered operator, owner or driver of the vehicle.
(2)
A person must not attach any document to any building or other fixed structure without the express consent of the owner or occupier of the building or structure, or of a person acting for the owner or occupier.
(3)
For subsections (1) and (2), it does not matter whether or not the document is advertising material.
(4)
A person does not contravene subsection (1) or (2) if the person places a document in or on a motor vehicle, or attaches a document to a building or other fixed structure—
(a)
in the lawful performance of a function under an Act; or
(b)
if the action is reasonable in the circumstances.
Example of reasonable actions—
•
leaving a note on a motor vehicle providing contact details after causing accidental damage to the motor vehicle
•
leaving a note on a motor vehicle to indicate that the place where the motor vehicle is parked is reserved for other purposes
(5)
In this section—
document means any paper or other material on which there is writing or any drawing, figure, symbol or other expression.
110
Advice to chief executive about placing or attaching documents
(1)
This section applies if the chief executive believes on reasonable grounds that documents have been distributed by being placed in or on motor vehicles, or attached to buildings or other fixed structures, in contravention of section 109.
(2)
The chief executive may give a notice under this section to a person who is an adult if the chief executive reasonably believes the person—
(a)
authorised or arranged for the distribution of the documents; or
(b)
authorised or arranged for printing of the documents; or
(c)
placed or attached any of the documents.
(3)
A notice under subsection (2)
(a) or (b) may require the person to advise the chief executive of the name and contact details of any person who placed or attached 1 or more of the documents.
(4)
A notice under subsection (2)
(b) or (c) may require the person to advise the chief executive of the name and contact details of the person who authorised or arranged for distribution of the documents.
(5)
A person who is given a notice under this section must comply with the notice within 7 days after receiving the notice unless the person has a reasonable excuse.
Maximum penalty—40 penalty units.
111
Advice to chief executive about delivering or distributing advertising material
(1)
This section applies if the chief executive believes on reasonable grounds that advertising material has been distributed in an area by being delivered to premises in contravention of the unlawful delivery provision or the secure delivery provision.
(2)
The chief executive may give a notice under this section to a person who is an adult if the chief executive reasonably believes the person—
(a)
authorised or arranged for the distribution of the advertising material; or
(b)
authorised or arranged for the printing of the advertising material; or
(c)
delivered any of the advertising material.
(3)
A notice under subsection (2)
(a) or (b) may require the person to advise the chief executive of the name and contact details of any person who delivered any of the advertising material.
(4)
A notice under subsection (2)
(b) or (c) may require the person to advise the chief executive of the name and contact details of the person who authorised or arranged for distribution of the advertising material.
(5)
A person who is given a notice under this section must comply with the notice within 7 days after receiving the notice unless the person has a reasonable excuse.
Maximum penalty—40 penalty units.
112
Avoiding accumulations of waste
(1)
This section applies if a person (the responsible entity) authorises, or arranges for, the distribution of advertising material to premises in an area.
(2)
The responsible entity must take reasonable steps to ensure that the advertising material does not, having regard to the way in which it is delivered to premises, become waste.
Maximum penalty—100 penalty units.
Example of reasonable steps for subsection (2)—
The advertising material is delivered in a way that is consistent with the Distribution Standards Board’s code of practice for the delivery of advertising material.
(3)
If, in the delivery of any of the advertising material to any premises, a person contravenes the unlawful delivery provision or the secure delivery provision, the responsible entity must, if directed by the chief executive to do so, collect the material from the premises within the period directed by the chief executive.
Maximum penalty—100 penalty units.
(4)
This section does not apply to a newspaper unless, having regard to section 106
(2), the newspaper is unsolicited advertising material for premises.
s 112
amd 2011 No. 40
s 7E
Part 3
Vehicle littering or illegal dumping offences
Division 1
Preliminary
113
Application of pt 3
(1)
This part applies to an offence against a relevant offence provision if the offence is a vehicle littering or illegal dumping offence.
(2)
An offence against a relevant offence provision is a vehicle littering or illegal dumping offence if—
(a)
the offence is committed by a person who is, or becomes, an occupant of a vehicle that is associated with the commission of the offence; and
(b)
under the
State Penalties Enforcement Act 1999
, an offence against the relevant offence provision is prescribed to be an offence to which that Act applies.
(3)
A vehicle is associated with the commission of an offence against a relevant offence provision if, for example, the person who committed the offence—
(a)
was in the vehicle when the offence was committed; or
(b)
was leaving or had just left the vehicle when the offence was committed; or
(c)
used the vehicle to transport waste to the place where the offence was committed; or
(d)
committed the offence near the vehicle before entering the vehicle.
(4)
Despite subsection (1), this part does not apply to a vehicle littering or illegal dumping offence if—
(a)
the vehicle associated with the commission of the offence was a public passenger vehicle being used to transport members of the public; and
(b)
the offence was committed by a person other than the driver of the vehicle.
(5)
In this section—
relevant offence provision means the general littering provision or the illegal dumping of waste provision.
Division 2
Applying State Penalties Enforcement Act 1999
114
Application of State Penalties Enforcement Act 1999
(1)
For the
State Penalties Enforcement Act 1999
, a vehicle littering or illegal dumping offence is an offence involving a vehicle as defined under that Act.
(2)
For applying the
State Penalties Enforcement Act 1999
to a vehicle littering or illegal dumping offence, the references in sections 17
(3), 22
(1)
(c), 33
(1)
(d) and 157
(2)
(j) to an illegal user
declaration, a known or unknown user declaration or a sold vehicle declaration are taken to include a reference to a passenger declaration.
(3)
Subsection (2) does not affect a person’s right under the
State Penalties Enforcement Act 1999
, section 17
(3) to give a SPEA declaration for a vehicle for the offence.
(4)
However, if a person gives a passenger declaration for the offence, another person may not give a SPEA declaration or a passenger declaration for the same offence.
(5)
In this section—
SPEA declaration means an illegal user declaration, a known or unknown user declaration or a sold vehicle declaration under the
State Penalties Enforcement Act 1999.
115
Effect of passenger declaration
(1)
This section applies if—
(a)
a vehicle littering or illegal dumping offence happens; and
(b)
an infringement notice for the offence is served on a prescribed person for the offence; and
(c)
the prescribed person makes and gives to the administering authority for the infringement notice a passenger declaration for the offence.
(2)
The
State Penalties Enforcement Act 1999
, section 17 applies as if the person named in the declaration as the person who deposited the waste (the passenger) were the owner of the vehicle at the relevant time and date.
(3)
A proceeding for the offence may be started against the passenger only if a copy of the declaration has been served on the passenger.
(4)
In a proceeding for the offence against the passenger, the declaration is evidence that the passenger deposited the waste at the relevant time and date.
(5)
In a proceeding for the offence against the prescribed person, a court must not find the prescribed person guilty of the offence if it is satisfied, whether on the statements contained in the declaration or otherwise, the prescribed person did not deposit the waste at the relevant time and date.
(6)
In this section—
administering authority, for the infringement notice, means the administering authority for the notice under the
State Penalties Enforcement Act 1999.
relevant time and date means the time and date stated in the infringement notice as the time and date of the vehicle littering or illegal dumping offence.
116
Service of infringement notice for vehicle littering or illegal dumping offence
(1)
An infringement notice for a vehicle littering or illegal dumping offence may be served on the person named in a passenger declaration as the person who deposited the waste.
(2)
If the infringement notice is to be served by post, the notice may be addressed to the person at the person’s address stated in the declaration.
117
Chief executive (transport) must disclose information
(1)
This section applies if—
(a)
an authorised person is reasonably satisfied that vehicle registry information may be used—
(i)
in a proceeding against a person for a vehicle littering or illegal dumping offence; or
(ii)
for the service of an infringement notice on a person for a vehicle littering or illegal dumping offence; and
(b)
the authorised person asks the chief executive (transport) for the information.
(2)
The chief executive (transport) must disclose the information to the authorised person if—
(a)
the chief executive (transport) reasonably considers that the information may be used—
(i)
in a proceeding against the person for the vehicle littering or illegal dumping offence; or
(ii)
for the service of an infringement notice on the person for the vehicle littering or illegal dumping offence; or
(b)
the disclosure is authorised by the person to whom the information relates.
(3)
In this section—
chief executive (transport) means the chief executive of the department in which the
Transport Operations (Road Use Management) Act 1995
is administered.
vehicle registry information means information kept in the register of registered vehicles under a regulation under the
Transport Operations (Road Use Management) Act 1995.
Division 3
Public reporting of vehicle littering or illegal dumping offences
118
Facilitating enforcement of vehicle littering or illegal dumping offence
(1)
If a person (the reporter) observes an incident that the reporter considers to be the commission of a vehicle littering or illegal dumping offence, the reporter may give the chief executive a signed notice (a vehicle littering or illegal dumping report) containing information about the incident.
(2)
The chief executive must maintain arrangements for receiving and giving consideration to any vehicle littering or illegal dumping report, whether the report is given in hard copy or electronic form.
(3)
The chief executive must not, other than with the consent of the reporter, or to take action under this chapter, including starting a proceeding, release to any person a vehicle littering or illegal dumping report.
(4)
A vehicle littering or illegal dumping report should, if practicable, include enough information about the incident to allow the chief executive to form an opinion about whether a vehicle littering or illegal dumping offence has happened, and if so, the circumstances of the offence.
(5)
Without limiting subsection (4), the information may include the following—
(a)
the reporter’s name, street address and contact details;
(b)
the date, the approximate time and the place of the incident;
(c)
registration details of the vehicle involved;
(d)
the make, model, body type and colour of the vehicle involved;
(e)
the type and amount of waste deposited;
(f)
any other details that may in the circumstances help the chief executive;
Example—
the side of the vehicle from which waste was thrown
(g)
whether the reporter is prepared to give evidence about the incident in a court if asked to do so.
(6)
Without limiting the factors the chief executive may take into consideration in deciding whether to take any action in relation to a vehicle littering or illegal dumping report, the factors may include the following—
(a)
whether the reporter can be identified;
(b)
whether there is enough detail in the report to allow the chief executive to form an opinion about whether a vehicle littering or illegal dumping offence has happened;
(c)
whether the reporter has been identified, having regard to previous vehicle littering or illegal dumping reports or other previous correspondence, as a person who has given information that is vexatious or mischievous in nature;
(d)
whether the reporter is prepared to give evidence in court about the circumstances of the vehicle littering or illegal dumping offence;
(e)
whether the vehicle reported on is a vehicle to which this part applies.
Chapter 6
Strategic planning for waste reduction and recycling
Part 1
Preliminary
119
Purpose of chapter
The purpose of this chapter is to provide, in a way that achieves the objects of this Act, for strategic planning for improving waste management—
(a)
at regional and individual local government level; and
(b)
at state government departmental level; and
(c)
at business and industry level.
120
Meaning of waste reduction and recycling plan
A waste reduction and recycling plan, for an entity, is a plan that—
(a)
establishes strategic waste management, including waste reduction and recycling, planning requirements for the entity for—
(i)
a particular aspect of waste management relevant to the entity; or
(ii)
some or all aspects of waste management relevant to the entity; and
(b)
has been prepared and adopted in compliance with the requirements of this chapter.
Part 2
Local government strategic planning for waste
Division 1
Introduction
121
Object of pt 2
The object of this part is to provide for each local government to prepare, adopt and implement a plan for managing waste, in its local government area, in a way that best achieves the objects of this Act.
122
Local governments combining on a regional basis
If 2 or more local governments combine as a single entity to prepare a waste reduction and recycling plan for an aspect of waste management, the plan must satisfy the requirements for waste reduction and recycling plans for that aspect of waste management for all the local governments.
Division 2
Obligation of local government for waste reduction and recycling plans
123
Local government’s waste reduction and recycling plan obligation
(1)
On and from the day prescribed under a regulation, a local government has an obligation at all times to ensure that—
(a)
all aspects of waste management in its local government area are comprehensively addressed by 1 or more waste reduction and recycling plans; and
(b)
each waste reduction and recycling plan has been prepared by the local government or with its approval, and has been adopted by the local government; and
(c)
each waste reduction and recycling plan is being implemented in accordance with its terms.
(2)
Without limiting subsection (1), the local government’s waste reduction and recycling plans must, to the extent reasonably practicable, include the following—
(a)
waste reduction and recycling targets for—
(i)
waste generated by the local government in carrying out its activities; and
(ii)
waste generated by households in the local government’s local government area; and
(iii)
other waste generated in the local government’s local government area other than by the local government;
(b)
actions to be taken to improve waste reduction and recycling of—
(i)
waste generated by the local government in carrying out its activities; and
(ii)
waste generated by households in the local government’s local government area; and
(iii)
other waste generated in the local government’s local government area other than by the local government;
(c)
details of current and proposed waste infrastructure;
(d)
the management and monitoring of the local government’s performance under the plans;
(e)
information about achieving continuous improvement in waste management;
(f)
other matters prescribed under a regulation about the requirements for a local government’s waste reduction and recycling plans.
s 123
amd 2013 No. 6
s 32
124
Matters to be complied with in the preparation and adoption of a local government’s waste reduction and recycling plan
(1)
A local government, in preparing or adopting a waste reduction and recycling plan for its local government area, must have regard to—
(a)
current and predicted information about the following matters relating to its area—
(i)
population profiles;
(ii)
residential, industrial and commercial development;
(iii)
amounts and types of waste generated; and
(b)
the services, markets and facilities relevant to dealing with different types and amounts of waste; and
(c)
the waste and resource management hierarchy; and
(d)
the waste and resource management principles; and
(e)
how the goals and targets of the State’s waste management strategy will be achieved.
(2)
Subsection (1) does not limit the matters the local government may or ought to have regard to.
(3)
A waste reduction and recycling plan for a local government must provide for the plan to be in effect for a period (the implementation period for the plan) of at least 3 years.
(4)
Subsection (3) does not stop a waste reduction and recycling plan being amended or replaced within the implementation period for the plan.
125
Adoption of plan following consultation
(1)
A local government must by resolution adopt a waste reduction and recycling plan, or an amendment of a waste reduction and recycling plan, before the plan or amendment is implemented in its local government area.
(2)
Before adopting the plan or amendment, the local government must consult with the public about the proposed plan or amendment.
(3)
The level of consultation must be appropriate in the circumstances, having regard to the level of significance of the plan or amendment.
(4)
However, if a new waste reduction and recycling plan is proposed to be adopted, or a proposed amendment of a waste reduction and recycling plan will substantially affect the operation of the plan, the proposed plan or amendment must be made available for public comment, including especially by households and businesses, for at least 28 days.
(5)
The local government must, in finalising a plan or amendment for adoption, take into account any submissions received about the plan or amendment.
126
Review of plan
A local government must, at least every 3 years, review each waste reduction and recycling plan having effect in its local government area.
127
Amendment of plan
(1)
A local government may adopt an amendment of a waste reduction and recycling plan having effect in its local government area if it considers the amendment to be appropriate, having regard to—
(a)
changing waste reduction and recycling opportunities; and
(b)
changing circumstances in which the plan operates; and
(c)
other matters arising from a review of the plan as required under this part; and
(d)
anything else the local government considers relevant.
(2)
A local government may not adopt an amendment of a waste reduction and recycling plan having effect in 2 or more local government areas unless all the local governments adopt the amendment.
Division 3
Chief executive action to prepare waste reduction and recycling plan for local government
128
Chief executive may prepare waste reduction and recycling plan
(1)
This section applies if, in contravention of a local government’s waste reduction and recycling plan obligation, the local government does not have in place a waste reduction and recycling plan addressing an aspect of waste reduction and recycling relevant to the local government.
(2)
The chief executive may prepare a waste reduction and recycling plan for the local government to address the aspect.
(3)
Before preparing the plan, the chief executive must give notice to the local government stating the following—
(a)
the chief executive’s intention to prepare the plan;
(b)
the reasons why it is necessary for the plan to be prepared;
(c)
that the local government may make a written submission to the chief executive about the chief executive’s intention to prepare the plan;
(d)
that the submission must be received by the chief executive within 28 days after the local government receives the notice (the submission period).
(4)
The local government’s written submission may include details of actions the local government intends to take to ensure it complies with its waste reduction and recycling plan obligation.
(5)
If after the submission period ends, and the consideration of any submissions, the chief executive still proposes to prepare the plan, the chief executive must give the local government an information notice for the chief executive’s decision to prepare the plan.
(6)
The chief executive must prepare and adopt the plan, to the greatest practicable extent, as if it were the local government.
Example—
The chief executive must consult on, and publicise, the plan to the same extent the local government would have been required to consult and publicise.
(7)
The plan, as prepared and adopted by the chief executive, has effect as, and may be taken to be, a waste reduction and recycling plan prepared and adopted by the local government, and must be implemented by the local government in accordance with its terms.
(8)
The local government must reimburse the chief executive for all costs, charges and expenses reasonably incurred by the chief executive in acting under this section.
(9)
An amount owing under subsection (8) may be recovered by the chief executive from the local government as a debt payable by the local government to the State, and may at the chief executive’s discretion be retained from any amount otherwise payable by the State to the local government for any reason.
129
Copy of plan or amendment to be given to chief executive
s 129
om 2013 No. 6
s 33
Division 4
Requirements applying after adoption of waste reduction and recycling plan
130
Inspection and availability for purchase of plan
(1)
A local government must ensure that—
(a)
an up-to-date version of each waste reduction and recycling plan having effect in its local government area may be inspected free of charge during office hours at the local government’s public office; and
(b)
a copy of the version may be obtained from the local government for no cost, or for a reasonable fee as decided by the local government; and
(c)
the plan is otherwise made publicly available in a way the local government considers appropriate for its local government area.
(2)
However, for a waste reduction and recycling plan adopted by 2 or more local governments, the local government must not charge a fee under subsection (1)
(b) unless the same fee is charged by all the local governments that adopted the plan.
Part 3
State entity strategic planning for waste
Division 1
Introduction
131
Object of pt 3
The object of this part is to provide for the chief executive officer of each State entity to prepare, adopt and implement a plan for managing the entity’s waste in a way that best achieves the objects of this Act.
132
What is a State entity and who is its chief executive officer
(1)
Each of the following is a State entity—
(a)
a department;
(b)
an entity that—
(i)
under the
Public Service Act 2008
, is a government entity but is not a government owned corporation; and
(ii)
is prescribed under a regulation to be a State entity for this Act.
(2)
The chief executive officer of a State entity is the person who is—
(a)
if the entity is a department—the chief executive of the department; or
(b)
otherwise—the person who is the chief executive officer of the entity, by whatever name known.
s 132
amd 2013 No. 6
s 34
Division 2
Obligation of chief executive officer of State entity for waste reduction and recycling plan
133
State entity’s waste reduction and recycling plan obligation
(1)
On and from the day prescribed under a regulation, the chief executive officer of a State entity has an obligation at all times to ensure that—
(a)
all aspects of waste management for the entity are comprehensively addressed by a waste reduction and recycling plan for the entity; and
(b)
the waste reduction and recycling plan has been adopted by the chief executive officer; and
(c)
the waste reduction and recycling plan is being implemented in accordance with its terms.
(2)
Without limiting subsection (1), the State entity’s waste reduction and recycling plan must include the following—
(a)
waste reduction and recycling targets for waste generated by the State entity in carrying out its activities;
(b)
actions to be taken to improve waste reduction and recycling of waste generated by the State entity in carrying out its activities;
(c)
the management and monitoring of the State entity’s performance under the plan;
(d)
information about achieving continuous improvement in waste management;
(e)
other matters prescribed under a regulation about the requirements for a State entity’s waste reduction and recycling plan.
(3)
If the State entity is a department (the first department), the chief executive of the first department may adopt, for the first department’s waste reduction and recycling plan, the waste reduction and recycling plan of another department if the other department’s plan sufficiently provides for the first department.
s 133
amd 2013 No. 6
s 35
134
Matters to be complied with in the preparation and adoption of a State entity’s waste reduction and recycling plan
(1)
The chief executive officer of a State entity, in preparing or adopting a waste reduction and recycling plan for the entity, must have regard to—
(a)
current and predicted information about the entity’s waste; and
(b)
the waste and resource management hierarchy; and
(c)
the waste and resource management principles; and
(d)
how the goals and targets of the State’s waste management strategy will be achieved.
(2)
Subsection (1) does not limit the matters the chief executive officer of the State entity may or ought to have regard to.
(3)
A waste reduction and recycling plan for a State entity must provide for the plan to be in effect for a period (the implementation period for the plan) of at least 3 years.
(4)
Subsection (3) does not stop a waste reduction and recycling plan being amended or replaced within the implementation period for the plan.
135
Inspection and availability for purchase of plan
The chief executive officer of a State entity must ensure that—
(a)
an up-to-date version of the State entity’s waste reduction and recycling plan is published on the entity’s website and may be inspected free of charge during office hours at an office of the entity nominated by the chief executive officer; and
(b)
a copy of the version may be obtained from the State entity for no cost, or for a reasonable fee as decided by the chief executive officer.
136
Review of plan
The chief executive officer of a State entity must, at least every 3 years, review the entity’s waste reduction and recycling plan.
137
Amendment of plan
The chief executive officer of a State entity may adopt an amendment of the entity’s waste reduction and recycling plan if the chief executive officer considers the amendment to be appropriate, having regard to—
(a)
changing waste reduction and recycling opportunities; and
(b)
changing circumstances in which the plan operates; and
(c)
other matters arising from a review of the plan as required under this part; and
(d)
anything else the chief executive officer considers relevant.
Part 4
Planning entity strategic planning for waste
Division 1
Introduction
138
Object of pt 4
The object of this part is to provide for each entity that is a planning entity to implement a plan for managing the entity’s waste in a way that best achieves the objects of this Act.
Division 2
Establishing status as planning entity
139
Identification of planning entity and of what is relevant waste for a planning entity
(1)
An entity is a planning entity if—
(a)
the chief executive has identified the entity as a planning entity; and
(b)
the chief executive has given the entity an information notice for the decision to identify the entity as a planning entity; and
(c)
any period for the internal or external review of the decision, including any period of appeal, has expired.
(2)
Also, an entity is a planning entity if the entity is part of a sector of entities (a sector of planning entities) prescribed under a regulation.
(3)
Despite subsection (2), the chief executive is not stopped from identifying an entity as a planning entity and giving it an information notice under subsection (1) on the basis that the entity is part of a sector of planning entities.
(4)
The chief executive may identify an entity as a planning entity only on the basis of 1 or more of the following, having regard to the entity’s activities—
(a)
the total waste generated by the entity in carrying on its activities is more than the threshold prescribed under a regulation;
(b)
the entity is a planning entity under subsection (2);
(c)
waste generated by the entity in carrying on its activities is or includes waste that is a priority product prescribed under a regulation as a priority product to which this paragraph applies;
(d)
waste generated by the entity in carrying on its activities is or includes waste that is regulated waste prescribed under a regulation as regulated waste to which this paragraph applies.
(5)
If an entity is identified as a planning entity on the basis of subsection (4)
(a), all waste generated by the entity is relevant waste for the entity, regardless of whether the entity is also a planning entity on any other basis under this section.
(6)
If subsection (5) does not apply to a planning entity, the following waste is relevant waste for the entity—
(a)
if the entity is a planning entity on the basis of being part of a sector of planning entities—sector waste for the sector of planning entities;
(b)
if the entity is identified as a planning entity on the basis of subsection (4)
(c)—the priority product prescribed under subsection (4)
(c);
(c)
if the entity is identified as a planning entity on the basis of subsection (4)
(d)—the regulated waste prescribed under subsection (4)
(d).
(7)
For subsection (6), it does not matter if particular waste generated by an entity is relevant waste for the entity under more than 1 paragraph of the subsection.
(8)
An entity that, apart from this subsection, could be identified as a planning entity in relation to a priority product on the basis of subsection (4)
(c), can not be identified as a planning entity in relation to the product if the entity—
(a)
is a participant in an accredited product stewardship scheme or approved program applying to the product; and
(b)
is meeting its obligations under the scheme or program in relation to the priority product.
(9)
In this section—
sector waste, for a sector of planning entities, means waste of the type ordinarily generated by the sector of planning entities or as identified, in the regulation prescribing the sector of planning entities, as waste ordinarily generated by the sector.
140
Notification of status as planning entity
(1)
This section applies if, under this part, the chief executive gives an entity an information notice for the chief executive’s decision to identify the entity as a planning entity.
(2)
Without limiting what the information notice may or must include, the information notice must additionally include the following information—
(a)
that the entity must, under the planning entity’s waste reduction and recycling plan obligation, adopt and implement a waste reduction and recycling plan for the entity’s relevant waste;
(b)
when the planning entity’s waste reduction and recycling plan obligation will start to apply to the entity.
Division 3
Obligation of planning entity for waste reduction and recycling plan
141
Planning entity’s waste reduction and recycling plan obligation
(1)
A planning entity has an obligation at all times to ensure that—
(a)
all aspects of waste reduction and recycling for the entity’s relevant waste are comprehensively addressed by a waste reduction and recycling plan for the entity; and
(b)
the waste reduction and recycling plan has been adopted by the planning entity; and
(c)
the waste reduction and recycling plan is being implemented in accordance with its terms.
(2)
However, if a sector of planning entities has prepared a waste reduction and recycling plan for the sector, a planning entity, to the extent it is a planning entity because it is part of a sector of planning entities, may, in relation to the entity’s relevant waste that is also sector waste for the sector, adopt the sector’s plan as its own plan if—
(a)
the sector’s plan complies with the requirements of this chapter for a waste reduction and recycling plan for a sector of planning entities; and
(b)
the sector’s plan effectively includes the requirements for a waste reduction and recycling plan for the entity in relation to the entity’s relevant waste that is sector waste for the sector.
(3)
A planning entity must comply with the obligation stated in subsection (1) unless it has a reasonable excuse.
Maximum penalty—100 penalty units.
(4)
However, subsection (3) does not start to apply to a planning entity until the day prescribed under a regulation.
s 141
amd 2013 No. 6
s 36
142
Requirements for waste reduction and recycling plan
(1)
This section states requirements for a waste reduction and recycling plan for a planning entity or sector of planning entities.
(2)
The plan must have regard to—
(a)
current and predicted information about waste; and
(b)
the waste and resource management hierarchy; and
(c)
the waste and resource management principles; and
(d)
the State’s waste management strategy; and
(e)
any other matters prescribed under a regulation about the requirements for a waste reduction and recycling plan.
(3)
The plan must include the following information—
(a)
the amounts and types of waste that is currently generated;
(b)
how the waste is to be dealt with, including how and in what amounts the types of waste are to be dealt with under each of the precepts making up the waste and resource management hierarchy;
(c)
goals to reduce waste generated;
(d)
indicators or performance measures on which performance under the plan will be assessed;
(e)
actions that will be taken to reduce waste generation and to improve recycling;
(f)
any other matters prescribed under a regulation about requirements for a waste reduction and recycling plan.
(4)
Subsection (2) does not limit the matters the plan may or ought to have regard to.
(5)
The plan must provide for it to be in effect for a period (the implementation period for the plan) of at least 3 years.
(6)
Subsection (5) does not stop the plan being amended or replaced within the implementation period.
(7)
The plan must provide for its review at least every 3 years.
143
Other matters that may be included in a waste reduction and recycling plan
(1)
Without limiting what is or is not otherwise required under this division for a waste reduction and recycling plan, a waste reduction and recycling plan for a planning entity or sector of planning entities may include or otherwise provide for the following—
(a)
a description of the activities carried out that generate waste;
(b)
a description of the raw materials, energy and other materials used to carry out the activities mentioned in paragraph (a);
(c)
the conduct of an audit of waste generated in any relevant facility to establish a baseline for future measurement;
(d)
methods for monitoring waste generated at any relevant facility;
(e)
risk management strategies that document contingency plans and emergency procedures in relation to regulated waste generated or stored, including, for example, in relation to the spillage of waste;
(f)
a purchasing policy that incorporates measures to minimise waste generated at any relevant facility through the use of product substitution, product changes, procedural changes and the replacement of disposable items with re-usable items;
(g)
strategies for promoting the plan at relevant facilities;
(h)
a mechanism for staff of the planning entities to provide feedback about the plan;
(i)
staff training programs about effective waste management;
(j)
procedures for segregating waste;
(k)
procedures for identifying and implementing opportunities to improve waste management practices;
(l)
opportunities, and actions to be taken, in product design, production and packaging to reduce waste;
(m)
details of any management systems to be used to deal with waste.
(2)
In this section—
relevant facility means—
(a)
for a waste reduction and recycling plan for a sector of planning entities—a facility of any planning entity adopting the plan; or
(b)
for a waste reduction and recycling plan being adopted by a planning entity on a single entity basis—a facility of the planning entity.
144
Additional requirements for a waste reduction and recycling plan for a sector of planning entities
(1)
This section states additional requirements for a waste reduction and recycling plan for a sector of planning entities.
(2)
The plan must—
(a)
identify the planning entities adopting the plan; and
(b)
explain how the planning entities are collectively to implement the plan; and
(c)
describe the arrangements for the administration, funding and implementation of the plan, and identify who is responsible for administering and reporting on the plan; and
(d)
include any other matters prescribed under a regulation.
145
Amendment of waste reduction and recycling plan
(1)
A planning entity or sector of planning entities may adopt an amendment of a waste reduction and recycling plan for the entity or sector if the entity or sector considers the amendment to be appropriate, having regard to—
(a)
changing waste reduction and recycling opportunities; and
(b)
changing circumstances in which the plan operates; and
(c)
other matters arising from a review of the plan; and
(d)
anything else the entity or sector considers relevant.
(2)
A planning entity that has adopted the waste reduction and recycling plan of a sector of planning entities is taken to have adopted an amendment of the plan unless the terms of the adoption preclude automatic adoption of the amendment.
146
Requirement to give copy of adopted plan to chief executive
s 146
om 2013 No. 6
s 37
Chapter 7
Reporting about waste management
Part 1
Reporting on waste reduction and recycling plans
147
Local government reporting
(1AA)
This section does not start to apply to a local government until 2 months after the end of the first full financial year after the day prescribed for the local government under section 123
(1).
(1)
Within 2 months after the end of each financial year, a local government must give the chief executive a report about the operation, in the financial year, of all the local government’s waste reduction and recycling plans in force in its local government area.
(2)
The report must be in the approved form and must otherwise comply with the requirements of this section.
(3)
However, the local government is not required to include in the report any information that has already been supplied to the chief executive in a waste data return in relation to a waste disposal site operated by or for the local government.
(4)
Without limiting what the approved form may require, the approved form may require the following—
(a)
details of any recycling programs conducted or managed by or for the local government during the year, including—
(i)
the amounts and types of waste collected and recycled, or collected and delivered to some other entity for recycling, under the programs; and
(ii)
the names and addresses of the facilities used in the programs;
(b)
details of local government waste services to households;
(c)
amounts and types of waste delivered directly to waste facilities from individual households;
(d)
the total amount of energy generated in the year from landfill gas;
(e)
details of landfills operated by or for the local government during the year, including—
(i)
the amounts and types of waste disposed of during the year to the landfills; and
(ii)
the name, address, capacity and life expectancy of each landfill that started operation during the year; and
(iii)
the name, address and capacity of each landfill that ceased operation during the year;
(f)
the amounts and types of waste collected by or for the local government and disposed of to landfill at waste facilities other than those operated by or for the local government, and the addresses of the waste facilities.
(5)
The matters mentioned in subsection (4) must be addressed in relation to waste generated within or outside the local government’s area.
(6)
The report must also give details of the following—
(a)
the types of waste generated by the local government in carrying out its activities;
(b)
actions taken to reduce the amount of waste generated by the local government in carrying out its activities;
(c)
actions taken to increase the use of recycled material by the local government;
(d)
actions taken by the local government to improve the re-use and recycling of—
(i)
waste generated by the local government; and
(ii)
the types of waste generated in the local government area;
(e)
the amount and types of waste that were the subject of offences against the general littering provision or the illegal dumping of waste provision and were collected by the local government;
(f)
progress made by the local government, having regard to—
(i)
performance indicators, however referred to, included in the local government’s waste reduction and recycling plans; and
(ii)
any other performance indicators prescribed under a regulation for gauging performance under local government waste reduction and recycling plans;
(g)
how the local government has contributed towards achieving the goals and targets under the State’s waste management strategy.
s 147
amd 2013 No. 6
s 38
148
State entity reporting
(1AA)
This section does not start to apply to the chief executive officer of a State entity until 2 months after the end of the first full financial year after the day prescribed for the State entity under section 133
(1).
(1)
Within 2 months after the end of each financial year, the chief executive officer of a State entity must give the chief executive under this Act a report, in the approved form, about the operation, in the financial year, of the State entity’s waste reduction and recycling plan.
(2)
The report must include details of the following—
(a)
the types and amounts of waste generated, recycled or disposed of by the entity in carrying out its activities;
(b)
any actions taken by the entity to reduce the amount of waste generated by the entity;
(c)
actions taken by the entity to recover and re-use or recycle waste;
(d)
actions taken by the entity to increase the use of recycled materials;
(e)
progress made by the entity, having regard to—
(i)
performance indicators, however referred to, included in the entity’s waste reduction and recycling plan; and
(ii)
any other performance indicators prescribed under a regulation for gauging performance under State entity waste reduction and recycling plans;
(f)
how the entity has contributed towards achieving the goals and targets under the State’s waste management strategy;
(g)
the amount and types of waste that were the subject of littering or illegal dumping and were collected by the entity;
(h)
any other matters prescribed under a regulation about requirements for reporting on State entity waste reduction and recycling plans.
s 148
amd 2013 No. 6
s 39
149
Planning entity reporting
(1)
A planning entity must give the chief executive a report, in the approved form and otherwise in compliance with the requirements of this section, about the operation, in the period covered by the report, of any waste reduction and recycling plan adopted by the entity.
Maximum penalty—100 penalty units.
(2)
A report under subsection (1) must be given—
(a)
for the first report under this section—within 2 months after the end of the first full financial year after the day prescribed for the planning entity under section 141
(4); and
(b)
for subsequent reports, and unless another interval is provided for under a regulation—at intervals of not more than 3 years after the giving of the first report.
(3)
The period covered by a report must be—
(a)
for the first report—the first full financial year mentioned in subsection (2)
(a); and
(b)
for any subsequent report—the period since the last period covered by a report under this section.
(4)
A report under subsection (1) must include details of the following—
(a)
the types and amounts of waste generated, recycled or disposed of by the entity;
(b)
any actions taken by the entity to reduce the amount of waste generated by the entity;
(c)
actions taken by the entity to recover and re-use or recycle waste;
(d)
actions taken by the entity to increase the use of recycled materials;
(e)
progress made by the entity, having regard to performance indicators, however referred to, included in any waste reduction and recycling plan adopted by the entity;
(f)
any other matters prescribed under a regulation about requirements for reporting on planning entity waste reduction and recycling plans.
s 149
amd 2013 No. 6
s 40
Part 2
Reporting on waste recovery and disposal
Division 1
Establishing status as reporting entity
150
Identification of reporting entity
(1)
An entity is a reporting entity if—
(a)
the chief executive has identified the entity as a reporting entity; and
(b)
the chief executive has given the entity an information notice for the decision to identify the entity as a reporting entity; and
(c)
any period for the internal or external review of the decision, including any period of appeal, has expired.
(2)
Also, an entity is a reporting entity if the entity—
(a)
receives, sorts, recycles, treats or disposes of waste above a threshold prescribed under a regulation; and
(b)
is part of a sector of entities (a sector of reporting entities) prescribed under a regulation.
(3)
Despite subsection (2), the chief executive is not stopped from identifying an entity as a reporting entity and giving it an information notice under subsection (1) on the basis that the entity is part of a sector of reporting entities.
(4)
The chief executive may identify an entity as a reporting entity only on the basis of 1 or more of the following, having regard to the entity’s activities—
(a)
the entity receives, sorts, recycles, treats or disposes of waste above a threshold prescribed under a regulation;
(b)
the entity is a reporting entity under subsection (2).
(5)
A regulation for this section may prescribe different thresholds for—
(a)
different entities; or
(b)
different types of waste; or
(c)
entities in different locations in the State.
s 150
amd 2013 No. 6
s 41
151
Notification of status as reporting entity
(1)
This section applies if, under this part, the chief executive gives an entity an information notice for the chief executive’s decision to identify the entity as a reporting entity.
(2)
Without limiting what the information notice may include, the information notice must include the following information—
(a)
that the entity must, under the reporting entity obligation, within 2 months after the end of each financial year, give the chief executive a report about the entity’s receiving, sorting, recycling, treatment or disposal of waste;
(b)
when the reporting entity obligation will start to apply to the entity.
Division 2
Reporting requirements
152
Reporting entity obligation
(1)
A reporting entity has an obligation to give the chief executive, within 2 months after the end of each financial year, a report in the approved form and in compliance with the requirements under this division, about the entity’s receiving, sorting, recycling, treatment or disposal of waste in the financial year.
(2)
A reporting entity that has an obligation under subsection (1) must comply with the obligation unless it has a reasonable excuse.
Maximum penalty—100 penalty units.
153
Requirements for report
(1)
A report given by a reporting entity under this division must include details of the following—
(a)
the types and amounts of waste received, sorted, recycled, treated or disposed of by the entity;
(b)
the types and amounts of waste received from local government sources, and the types and amounts of waste received from other sources;
(c)
the types and amounts of each of the following—
(i)
waste recycled by the entity;
(ii)
waste sent to other recyclers in Queensland;
(iii)
waste sent to other recyclers in Australia other than in Queensland;
(iv)
waste sent to other recyclers outside Australia;
(d)
any other matters prescribed under a regulation about requirements for reporting on waste recovery and disposal.
(2)
However, the report is not required to include any information that has already been supplied to the chief executive in a waste data return in relation to a waste disposal site.
s 153
amd 2013 No. 6
s 42
Part 3
Reporting by chief executive
154
Annual report on waste disposal and recycling
(1)
The chief executive must, by 31 December in each year, prepare and make publicly available a report that summarises the amounts of waste and recycling reported in the most recently completed financial year.
(2)
In preparing the report, the chief executive must have regard to information in reports given to the chief executive under parts 1 and 2.
(3)
The report must include the following information and, if appropriate, an evaluation of the information—
(a)
the amounts and types of waste reported as being recycled by local governments;
(b)
the amounts and types of waste reported as being recycled by reporting entities;
(c)
the amounts and types of waste reported as being disposed of by local governments;
(d)
the amounts and types of waste reported as being disposed of by reporting entities;
(e)
the amounts and types of waste reported as being the subject of littering or illegal dumping;
(f)
the number of product stewardship schemes in effect under this Act;
(g)
the number of local governments that have adopted a waste reduction and recycling plan and have reported on the plan;
(h)
the number of State entities that have adopted a waste reduction and recycling plan and have reported on the plan;
(i)
the number of planning entities that have adopted waste reduction and recycling plans, other than by adopting the waste reduction and recycling plan of a sector of reporting entities;
(j)
the number of waste reduction and recycling plans that are in place for sectors of reporting entities.
Chapter 8
Provisions for end of waste
ch hdg sub 2014 No. 59 s 167
ch 8 pt 4 hdg om 2014 No. 59 s 167
ch 8 pt 5 hdg om 2014 No. 59 s 167
ch 8 pt 6 hdg om 2014 No. 59 s 167
ch 8 pt 6 div 1 hdg om 2014 No. 59 s 167
ch 8 pt 6 div 2 hdg om 2014 No. 59 s 167
ch 8 pt 7 hdg om 2014 No. 59 s 167
Part 1
Preliminary
pt hdg sub 2014 No. 59 s 167
155
Purpose of chapter
(1)
The purpose of this chapter is to provide for the process by which the chief executive decides when and how waste stops being waste and becomes a resource.
(2)
Waste stops being a waste and becomes a resource when—
(a)
a registered resource producer manages the waste in accordance with an end of waste code; or
(b)
a holder of an end of waste approval manages the waste in accordance with the approval.
s 155 sub 2014 No. 59 s 167
156
Definitions for ch 8
In this chapter—
amend, an end of waste approval, includes—
(a)
amending or removing a condition imposed on the approval; and
(b)
imposing a new condition on the approval; and
(c)
amending the period of the approval.
end of waste approval see section 159(2).
end of waste code see section 159(1).
material environmental harm see the Environmental Protection Act, section 16.
registered resource producer means a person who is registered for an end of waste code under section 173B.
resource see section 155.
serious environmental harm see the Environmental Protection Act, section 17.
technical advisory panel see section 173G.
s 156 sub 2014 No. 59 s 167
157
Effect of operating under end of waste code if unregistered
(1)
This section applies if—
(a)
a person sells or gives away a resource under an end of waste code; and
(b)
the person is not a registered resource producer for the code.
(2)
The resource is taken to be waste until the person becomes a registered resource producer for the code.
s 157 sub 2014 No. 59 s 167
158
Compliance with end of waste code
A registered resource producer for an end of waste code must not sell or give away the resource for the code unless the registered resource producer complies with the requirements of the end of waste code relating to the resource.
Maximum penalty—1665 penalty units.
s 158 sub 2014 No. 59 s 167
159
Chief executive may make end of waste codes and grant end of waste approvals
(1)
The chief executive may make a code (an end of waste code) for registered resource producers that states when a particular waste stops being a waste and becomes a resource.
(2)
The chief executive may grant an approval (an end of waste approval) to a person that states when a particular waste stops being a waste and becomes a resource.
s 159 sub 2014 No. 59 s 167
Part 2
End of waste codes
pt hdg sub 2014 No. 59 s 167
Division 1
Process for making end of waste codes
div hdg ins 2014 No. 59 s 167
160
Public notice inviting submissions about potential end of waste codes
(1)
The chief executive must, by notice given at least once every year, invite the public to make a submission about whether there is any particular waste or resource for which an end of waste code should be prepared.
(2)
The notice must—
(a)
state—
(i)
that a person may make a submission to the chief executive about any particular waste or resource for which an end of waste code should be prepared; and
(ii)
the period, of at least 28 days, (the submission period) during which the submissions may be made; and
(iii)
how to make a submission; and
(b)
be published on the department’s website.
(3)
A submission made under this section must be in the approved form.
s 160
amd 2012 No. 16
s 78 sch
sub 2014 No. 59 s 167
161
Consideration of submissions
The chief executive must consider all submissions made during the submission period before deciding whether or not to make a draft end of waste code for a particular waste or resource.
s 161 sub 2014 No. 59 s 167
162
Preparation of end of waste code by technical advisory panel
(1)
Subsection (2) applies if the chief executive decides to prepare a draft end of waste code (the draft code).
(2)
The chief executive must establish a technical advisory panel under section 173G to prepare the draft code unless, after having regard to the matters mentioned in section 163(1), the chief executive is satisfied it is unnecessary for a technical advisory panel to prepare the draft code.
(3)
If the chief executive establishes a technical advisory panel to prepare the draft code—
(a)
the chief executive may require the panel to include particular requirements in the draft code; and
(b)
the panel must prepare and give the chief executive the draft code within 6 months after being established.
(4)
However, the technical advisory panel may, after having regard to the matters mentioned in section 163(1) but within 2 months of being established, decide that the draft code should not be prepared.
(5)
If the technical advisory panel decides that the draft code should not be prepared, it must give the chief executive written notice of the decision, including the panel’s reasons for the decision.
s 162 sub 2014 No. 59 s 167
163
Matters to be considered in preparing end of waste code
(1)
In preparing a draft end of waste code, the chief executive or a technical advisory panel must have regard to the following matters—
(a)
the objects of this Act;
(b)
the proposed use of a particular resource under the proposed end of waste code;
(c)
whether the proposed use of a particular resource may, or is likely to, cause any serious environmental harm or material environmental harm;
(d)
the waste and resource management hierarchy;
(e)
any other matter prescribed by regulation.
(2)
This section does not limit the matters the chief executive or a technical advisory panel may consider in preparing a draft end of waste code.
s 163 sub 2014 No. 59 s 167
164
End of waste code prepared by technical advisory panel
(1)
This section applies if a technical advisory panel prepares a draft end of waste code (the draft code).
(2)
Subsection (3) applies if the chief executive is satisfied a technical advisory panel has not—
(a)
had regard to a matter mentioned in section 163; or
(b)
included a requirement in the draft code that the chief executive required the panel to include in the draft code.
(3)
The chief executive may—
(a)
ask the technical advisory panel to amend the draft code; or
(b)
refuse to accept the draft code.
(4)
The chief executive may amend the draft code before publishing it under section 166.
s 164 sub 2014 No. 59 s 167
Division 2
Making end of waste codes
div hdg ins 2014 No. 59 s 167
165
Publication of draft end of waste code
(1)
Before the chief executive decides to make an end of waste code, the chief executive must publish the following on the department’s website—
(a)
a copy of the draft end of waste code; and
(b)
a notice stating—
(i)
that a person may make a submission to the chief executive about the draft end of waste code; and
(ii)
the period, of at least 28 days (the consultation period), during which the submission may be made; and
(iii)
how to make a submission.
(2)
The chief executive must ensure the draft end of waste code and notice continue to be available from the department’s website throughout the consultation period.
(3)
The chief executive must consider all submissions made under subsection (1) before deciding whether or not to make the end of waste code.
s 165 sub 2014 No. 59 s 167
166
Notice of making end of waste code
(1)
If the chief executive decides to make an end of waste code, the chief executive must notify the making of an end of waste code by gazette notice.
(2)
The gazette notice must state—
(a)
the name of the end of waste code; and
(b)
the date the end of waste code was made; and
(c)
where a copy of the end of waste code may be inspected.
(3)
The end of waste code takes effect on the later of the following—
(a)
the day the gazette notice is published;
(b)
the day stated in the gazette notice for that purpose;
(c)
the day stated in the end of waste code for that purpose.
s 166 sub 2014 No. 59 s 167
Division 3
Amendment, cancellation or suspension of end of waste codes
div hdg ins 2014 No. 59 s 167
167
Amendment of end of waste code
The chief executive may, on the chief executive’s own initiative, amend an end of waste code.
s 167
amd 2013 No. 51
s 229
sch 1
sub 2014 No. 59 s 167
168
Application for amendment of end of waste code
(1)
A person may apply to the chief executive to amend an end of waste code (an amendment application).
(2)
An amendment application must—
(a)
be in the approved form; and
(b)
include the information prescribed by regulation; and
(c)
be accompanied by the fee prescribed by regulation.
s 168 sub 2014 No. 59 s 167
169
Refusal of application
If the chief executive decides to refuse to grant an amendment application, the chief executive must, within 10 business days after making the decision, give the applicant an information notice for the decision.
s 169 sub 2014 No. 59 s 167
170
Chief executive may require additional information or documents for amendment application
(1)
The chief executive may, by notice, require an applicant give the chief executive further information or documents the chief executive reasonably requires to decide the application about an amendment application within a reasonable period stated in the notice (the stated period).
(2)
The chief executive and the applicant may, before the stated period ends, agree to extend the period.
(3)
The application is taken to be withdrawn if the applicant does not comply with the requirement within the stated period.
s 170 sub 2014 No. 59 s 167
171
Cancellation or suspension of end of waste code
The chief executive may cancel or suspend an end of waste code if the chief executive is satisfied—
(a)
there is no longer a use for a particular resource under the code; or
(b)
the end of waste code was made on the basis of a miscalculation of—
(i)
the characteristics of the resource; and
(ii)
the potential of the resource to cause serious environmental harm, or material environmental harm, because of those characteristics; or
(c)
the use of particular waste or a particular resource is unlawful; or
(d)
it is necessary or desirable to do so having regard to the objects of the Act.
s 171 sub 2014 No. 59 s 167
172
Procedure for amending, cancelling or suspending end of waste code
(1)
This section applies if the chief executive proposes—
(a)
to amend an end of waste code; or
(b)
to cancel or suspend an end of waste code.
(2)
The chief executive must—
(a)
give notice of the proposed action to each registered resource producer for the end of waste code; and
(b)
publish a notice of the proposed action—
(i)
on the department’s website; and
(ii)
in any other way the chief executive considers appropriate.
(3)
A notice under subsection (2) must state the following—
(a)
the action the chief executive proposes to take;
(b)
if the proposed action is an amendment of an end of waste code—the proposed amendment;
(c)
if the proposed action is suspension—the proposed period of the suspension;
(d)
the reasons for the proposed action;
(e)
the facts and circumstances that form the basis for the reasons;
(f)
for a notice given to a registered resource producer—that the registered resource producer may, within a stated period, make a written submission to the chief executive about the proposed action;
(g)
for a notice published under subsection (2)(b)—that any person may, within a stated period, make a written submission to the chief executive about the proposed action.
(4)
The stated period must not end before 28 days after whichever of the following happens last—
(a)
the day the notice is given to the registered resource producer under subsection (2)(a);
(b)
the day the notice is published under subsection (2)(b).
(5)
The chief executive may decide whether or not to take the proposed action after considering—
(a)
all submissions made under subsection (3) within the stated period; and
(b)
if the proposed action is an amendment of an end of waste code—
(i)
the effect of the amendment on the use of a particular resource; and
(ii)
whether the effect of the amendment on the use of a particular resource is likely to cause any serious environmental harm or material environmental harm; and
(iii)
the waste and resource management hierarchy; and
(iv)
any advice, information or comment provided by any technical advisory panel; and
(c)
another matter prescribed by regulation.
(6)
If the chief executive decides to take the proposed action, the chief executive must give each registered resource producer for the end of waste code an information notice for the decision within 10 business days after making the decision.
(7)
The decision takes effect for a registered resource producer on the later of the following days—
(a)
the day the information notice is given to the registered resource producer;
(b)
a later day stated in the information notice for that purpose.
s 172 sub 2014 No. 59 s 167
173
Publication of amended end of waste code
If the chief executive amends an end of waste code under section 172, the chief executive must publish a copy of the amended end of waste code—
(a)
on the department’s website; and
(b)
in any other way the chief executive considers appropriate.
s 173 sub 2014 No. 59 s 167
173A
Minor amendment of end of waste code
(1)
The chief executive may make a minor amendment of an end of waste code by publishing a notice of the amendment—
(a)
on the department’s website; and
(b)
in any other way the chief executive considers appropriate.
(2)
The chief executive may make the minor amendment to the end of waste code—
(a)
on the chief executive’s own initiative; or
(b)
on an application made under section 168 for a minor amendment of an end of waste code.
(3)
This section applies despite section 172.
(4)
In this section—
minor amendment, of an end of waste code, means an amendment of the code—
(a)
to correct a minor or formal error in the code; or
(b)
to make another change that is not a change of substance and does not adversely affect the interests of a registered resource producer or a person who is likely to receive a resource from the registered resource producer.
s 173A ins 2014 No. 59 s 167
Division 4
Registration of end of waste resource producers
div hdg ins 2014 No. 59 s 167
173B
Registration of end of waste resource producers
(1)
A person becomes a registered resource producer for an end of waste code by giving the chief executive a notice that the person intends to become a registered resource producer for the code.
(2)
The notice must—
(a)
be in the approved form; and
(b)
include the information prescribed by regulation; and
(c)
be accompanied by the fee prescribed by regulation.
s 173B ins 2014 No. 59 s 167
173C
Cancellation or suspension of registration
(1)
The chief executive may cancel or suspend a registered resource producer’s registration if the chief executive reasonably believes the registered resource producer has failed to comply with a requirement of an end of waste code.
(2)
The chief executive may act under subsection (1) regardless of whether the chief executive has given the registered resource producer a show cause notice under chapter 11.
s 173C ins 2014 No. 59 s 167
173D
Procedure for cancelling or suspending registration
(1)
Before cancelling or suspending a registered resource producer’s registration under section 173C, the chief executive must give the person a notice stating the following—
(a)
the action the chief executive proposes to take;
(b)
if the proposed action is suspension—the period of the suspension;
(c)
the reasons for the proposed action;
(d)
the facts and circumstances that form the basis for the reasons;
(e)
that the person may, within a stated period, make a written submission to the chief executive about why the proposed action should not be taken.
(2)
For subsection (1)(e), the stated period must not end less than 28 days after the registered resource producer is given the notice.
(3)
The chief executive must consider any submissions made under subsection (1).
(4)
If the chief executive decides to take the proposed action, the chief executive must, within 5 business days after making the decision, give the registered resource producer an information notice for the decision.
(5)
The decision takes effect the day the information notice is given to the registered resource producer.
s 173D ins 2014 No. 59 s 167
173E
Particular circumstances when end of waste approval lapses
(1)
This section applies if the holder of an end of waste approval relating to a particular waste or resource becomes a registered resource producer for an end of waste code for the same waste or resource.
(2)
The person’s end of waste approval lapses.
s 173E ins 2014 No. 59 s 167
173F
Register of registered resource producers
(1)
The chief executive must maintain a register of registered resource producers for each end of waste code.
(2)
The register may be kept in electronic form.
s 173F ins 2014 No. 59 s 167
Division 5
Miscellaneous
div hdg ins 2014 No. 59 s 167
173G
Technical advisory panels
(1)
The chief executive may establish a panel (a technical advisory panel)—
(a)
to—
(i)
consider matters relating to the development of a draft end of waste code; and
(ii)
if necessary, prepare a draft end of waste code; or
(b)
to consider and provide advice, information or comment about—
(i)
a draft end of waste code prepared by the chief executive; or
(ii)
an amendment of an end of waste code.
(2)
A regulation may prescribe matters for a technical advisory panel, including, but not limited to, the following matters—
(a)
the terms of reference for the panel;
(b)
the appointment of members of the panel;
(c)
the composition of the panel membership;
(d)
the resignation of members of the panel;
(e)
the disclosure of interests of members of the panel;
(f)
the termination of appointment of members of the panel.
s 173G ins 2014 No. 59 s 167
173H
Chief executive may seek advice, comment or information about pt 2
(1)
The chief executive may ask any entity for advice, comment or information about the operation of this part, including, for example, the operation of an end of waste code.
(2)
There is no particular way advice, comment or information must be asked for and received and the request may be by public notice.
s 173H ins 2014 No. 59 s 167
Part 3
End of waste approvals
pt hdg sub 2014 No. 59 s 167
Division 1
Grant of end of waste approvals
div hdg sub 2014 No. 59 s 167
173I
Application
(1)
A person may apply to the chief executive for an end of waste approval for 1 kind of waste to be used as a resource.
(2)
The application must—
(a)
be in the approved form; and
(b)
include the information prescribed by regulation; and
(c)
be accompanied by a written report, in the approved form, prepared by a suitably qualified person about the application; and
(d)
be accompanied by the fee prescribed by regulation.
(3)
A regulation may prescribe matters relating to the preparation of a written report about an application.
(4)
In this section—
suitably qualified person, in relation to a written report, means a person who—
(a)
has the qualifications and experience appropriate for preparing the report; and
(b)
meets the criteria, if any, prescribed by regulation.
s 173I ins 2014 No. 59 s 167
173J
Chief executive may require additional information or documents
(1)
The chief executive may, by notice given within 20 business days after receiving the application, require the applicant to give the chief executive further information or documents the chief executive reasonably requires to decide the application within a reasonable period stated in the notice (the stated period).
(2)
The chief executive and the applicant may, before the stated period ends, agree to extend the period.
(3)
The application is taken to be withdrawn if the applicant does not comply with the requirement within the stated period.
s 173J ins 2014 No. 59 s 167
173K
Deciding application
(1)
The chief executive must decide to grant or refuse to grant the application within 20 business days after the later of the following days (the decision period)—
(a)
the day the chief executive receives the application;
(b)
if further information or documents are requested under section 173J—the day the chief executive receives the information or documents.
(2)
However, the chief executive may extend the decision period by giving the applicant, within 20 business days after the end of the decision period, a notice that the chief executive has extended the decision period.
(3)
The extension must not be more than 20 business days.
(4)
Only 1 extension may be made under subsection (2).
(5)
A failure to make a decision under this section is taken to be a decision to refuse to grant the application.
s 173K ins 2014 No. 59 s 167
173L
Criteria for deciding application
(1)
In deciding whether to grant or refuse to grant the application, the chief executive must consider the following—
(a)
the objectives of this Act;
(b)
the waste and resource management hierarchy;
(c)
whether the proposed management of a particular waste or the use of a particular resource is likely to cause any serious environmental harm or material environmental harm;
(d)
whether it is reasonably practicable for an end of waste code to be made for the particular waste or resource the subject of the application;
(e)
another matter prescribed by regulation.
(2)
This section does not limit the matters the chief executive may consider in making the decision.
s 173L ins 2014 No. 59 s 167
173M
Grant of application
(1)
If the chief executive decides to grant the application, the chief executive must, within 5 business days after making the decision, give the applicant a notice stating the following—
(a)
that the end of waste approval has been granted;
(b)
the particular waste or resource to which the approval relates;
(c)
the person to whom the approval is granted;
(d)
when the approval ends;
(e)
any conditions imposed on the approval;
(f)
if conditions are imposed on the approval—the reasons for the conditions.
(2)
If the chief executive imposes any conditions on the end of waste approval, the notice must include or be accompanied by an information notice for the decision to impose the conditions.
s 173M ins 2014 No. 59 s 167
173N
Conditions of end of waste approval
(1)
The chief executive may impose the conditions on an end of waste approval the chief executive considers are necessary or desirable.
(2)
However, the conditions may only impose an obligation on the holder of the approval and must not impose an obligation on a user of the resource.
(3)
A regulation may prescribe the types of conditions that may be imposed by the chief executive under subsection (1).
s 173N ins 2014 No. 59 s 167
173O
Refusal of application
If the chief executive decides to refuse to grant the application, the chief executive must, within 10 business days of making the decision, give the applicant an information notice for the decision.
s 173O ins 2014 No. 59 s 167
173P
Compliance with condition of end of waste approval
(1)
This section applies to a person who is the holder of, or is acting under, an end of waste approval.
(2)
The person must comply with the conditions of the approval.
Maximum penalty—1665 penalty units.
Note—
If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 268, to have also committed the offence.
s 173P ins 2014 No. 59 s 167
173Q
Extending end of waste approval
(1)
A person may apply to the chief executive, on one occasion, to extend an end of waste approval.
(2)
The application must be made in the approved form, not less than 1 month before the approval ends.
(3)
In deciding whether to grant or refuse to grant the application, the chief executive must consider—
(a)
the matters mentioned in section 173L(1); and
(b)
whether the waste, and resource, to which the approval relates would be more appropriately managed as a waste management ERA.
s 173Q ins 2014 No. 59 s 167
Division 2
Transfer or amendment of end of waste approvals on application
div hdg sub 2014 No. 59 s 167
173R
Definitions for div 2
In this division—
amendment application see section 173S(1)(a).
transfer application see section 173S(1)(b).
s 173R ins 2014 No. 59 s 167
173S
Application for transfer or amendment of end of waste approval
(1)
The holder of an end of waste approval may apply to the chief executive to—
(a)
amend the approval (an amendment application); or
(b)
transfer the approval to another person (a transfer application).
(2)
The amendment application must—
(a)
be in the approved form; and
(b)
include the information prescribed by regulation; and
(c)
be accompanied by a written report about the application prepared, in the approved form, by a suitably qualified person; and
(d)
be accompanied by the fee prescribed by regulation.
(3)
The transfer application must—
(a)
be in the approved form; and
(b)
include the information prescribed by regulation; and
(c)
be accompanied by the signed consent of the proposed transferee; and
(d)
be accompanied by the fee prescribed by regulation.
(4)
A regulation may prescribe matters relating to the preparation of a written report about an amendment application.
(5)
In this section—
suitably qualified person, in relation to a written report about an amendment application, means a person who—
(a)
has the qualifications and experience appropriate for preparing the report; and
(b)
meets the criteria, if any, prescribed by regulation.
s 173S ins 2014 No. 59 s 167
173T
Chief executive may require additional information or documents for amendment application
(1)
The chief executive may, by notice, require an applicant give the chief executive further information or documents the chief executive reasonably requires to decide an amendment application within a reasonable period stated in the notice (the stated period).
(2)
The chief executive and the applicant may agree to extend the stated period for giving the information or documents.
(3)
The application is taken to be withdrawn if the applicant does not comply with the requirement within the stated period.
s 173T ins 2014 No. 59 s 167
173U
Decision on amendment application
(1)
In deciding whether or not to grant an amendment application, the chief executive must consider—
(a)
the effect of the amendment on the management of a particular waste or the use of a particular resource; and
(b)
whether the effect of the amendment on the management of a particular waste or the use of a particular resource may, or is likely to, cause any serious environmental harm or material environmental harm; and
(c)
the waste and resource management hierarchy; and
(d)
any other matter prescribed by regulation.
(2)
The chief executive must decide to grant or refuse to grant the application within 10 business days after the later of the following days (the decision period)—
(a)
the day the chief executive receives the application;
(b)
if additional information or documents are requested under section 173T—the day the chief executive receives the information.
(3)
However, the chief executive may, by written notice given to the applicant before the end of the decision period, extend the period mentioned in subsection (2) by no more than 20 business days.
(4)
Only 1 extension may be made under subsection (3).
(5)
If the chief executive decides to grant the application, the chief executive must, within 5 business days of making the decision, give the applicant a notice stating—
(a)
that the application has been granted; and
(b)
any new conditions imposed on the approval; and
(c)
any existing conditions amended for the approval; and
(d)
the day the amendment takes effect.
(6)
If the chief executive decides to refuse to grant the application, the chief executive must, within 10 business days of making the decision, give the applicant an information notice for the decision.
(7)
A failure to make a decision under subsection (2) is taken to be a decision to refuse the application.
s 173U ins 2014 No. 59 s 167
173V
Decision on transfer application
(1)
The chief executive must consider a transfer application and decide to—
(a)
approve the transfer; or
(b)
refuse the transfer.
(2)
The decision must be made within 10 business days after the transfer application is received (the decision period).
(3)
However, the chief executive may, by written notice given to the applicant before the end of the decision period, extend the period by no more than 20 business days.
(4)
Only 1 extension may be made under subsection (3).
(5)
If the chief executive decides to refuse to grant the application, the chief executive must, within 10 business days of making the decision, give the applicant an information notice for the decision.
s 173V ins 2014 No. 59 s 167
Division 3
Amendment, cancellation or suspension of end of waste approval
div hdg ins 2014 No. 59 s 167
173W
Amendment of end of waste approval
The chief executive may, on the chief executive’s own initiative, amend an end of waste approval.
s 173W ins 2014 No. 59 s 167
173X
Cancellation or suspension of an end of waste approval
(1)
The chief executive may cancel or suspend an end of waste approval if the chief executive is satisfied—
(a)
there is no longer a use, or likely to be a future use, for a particular resource under the approval; or
(b)
the management of a particular waste or the use of a particular resource under the approval has caused, or is likely to cause, serious or material environmental harm that is unlawful under the Environmental Protection Act, section 493A; or
(c)
the use of particular waste or a particular resource is unlawful; or
(d)
the approval was granted because of a materially false or misleading representation or declaration; or
(e)
the approval was granted on the basis of particular matters or information that have changed and the change is likely to cause material environmental harm or serious environmental harm; or
(f)
a condition imposed on the approval has not been complied with; or
(g)
a request for information about the approval under section 173ZB has not been complied with.
(2)
The chief executive may also cancel an end of waste approval if—
(a)
an end of waste code for the particular resource to which the end of waste approval relates is in effect; and
(b)
the chief executive reasonably believes the holder of the end of waste approval may operate under the end of waste code.
s 173X ins 2014 No. 59 s 167
173Y
Procedure for amending, cancelling or suspending end of waste approval
(1)
This section applies if the chief executive proposes to—
(a)
amend an end of waste approval; or
(b)
cancel or suspend an end of waste approval.
(2)
The chief executive must give notice of the proposed action to the holder of the approval.
(3)
The notice must state the following—
(a)
the action the chief executive proposes to take;
(b)
if the proposed action is an amendment—the proposed amendment;
(c)
if the proposed action is suspension—the period of the suspension;
(d)
the grounds for the proposed action;
(e)
the facts and circumstances that form the basis for the grounds;
(f)
that the holder of the approval may, within a stated period, make a written submission to the chief executive about why the proposed action should not be taken.
(4)
The stated period must not end less than 28 days after the holder of the end of waste approval is given the notice.
(5)
The chief executive must decide whether or not to take the proposed action within 20 business days after the end of the stated period.
(6)
However, the chief executive may, by written notice given to the applicant before the end of the stated period, extend the stated period mentioned in subsection (5) by no more than 20 business days.
(7)
Only 1 extension may be made under subsection (6).
(8)
In deciding whether or not to take the proposed action, the chief executive must consider the following—
(a)
all submissions made by the holder of the end of waste approval within the stated period;
(b)
if the proposed action is an amendment—
(i)
the effect of the amendment on the management of a particular waste or the use of a particular resource; and
(ii)
whether the effect of the amendment on the management of a particular waste or the use of a particular resource is likely to cause any serious environmental harm or material environmental harm; and
(iii)
the waste and resource management hierarchy;
(c)
another matter prescribed by regulation.
(9)
If the chief executive decides to take the proposed action, the chief executive must, within 10 business days after making the decision, give the holder of the end of waste approval an information notice for the decision.
(10)
The decision takes effect on the later of the following days—
(a)
the day the information notice is given to the holder of the end of waste approval;
(b)
a later day stated in the information notice for that purpose.
s 173Y ins 2014 No. 59 s 167
173Z
Minor amendment of end of waste approval
(1)
The chief executive may make a minor amendment of an end of waste approval by giving notice of the amendment to the holder of the approval.
(2)
This section applies despite section 173Y.
(3)
In this section—
minor amendment, of an end of waste approval, means an amendment of the approval—
(a)
to correct a minor or formal error in the approval; or
(b)
to make another change that is not a change of substance and does not adversely affect the interests of the holder of the approval or a person who is likely to receive a resource from the holder.
s 173Z ins 2014 No. 59 s 167
Division 4
Surrender of end of waste approval
div hdg ins 2014 No. 59 s 167
173ZA
Surrendering end of waste approval
The holder of an end of waste approval may surrender the approval by giving the chief executive written notice of the surrender.
s 173ZA ins 2014 No. 59 s 167
Division 5
Miscellaneous
div hdg ins 2014 No. 59 s 167
173ZB
Chief executive may request relevant information about end of waste approval
(1)
The chief executive, by notice given to the holder of an end of waste approval, may require the holder to give the chief executive information about the approval.
(2)
The notice must—
(a)
be in the approved form; and
(b)
state the information required; and
(c)
state the period within which the information is to be given to the chief executive; and
(d)
state why the information is required.
s 173ZB ins 2014 No. 59 s 167
173ZC
Chief executive may seek advice, comment or information about pt 3
The chief executive may ask any entity for advice, comment or information about the operation of this part at any time.
s 173ZC ins 2014 No. 59 s 167
Chapter 9
Reviews
Part 1
Internal reviews
174
Internal review process
Every external review of a decision to which an information notice relates must be in the first instance by way of an application for internal review.
175
Who may apply for internal review
A person who, under this Act, has been given, or who is entitled to be given, an information notice for a decision may apply to the chief executive for an internal review of the decision (an internal review application).
176
Requirements for making application
(1)
An internal review application must be—
(a)
in the approved form; and
(b)
supported by enough information to enable the chief executive to decide the application; and
(c)
made within 14 days after the applicant is given the information notice for the decision the subject of the application.
(2)
However, the chief executive may, at any time, extend the time for making an internal review application.
177
Decision not stayed
(1)
An internal review application does not stay the decision the subject of the application (the original decision).
(2)
However, the applicant may immediately apply for a stay of the original decision to the relevant entity.
(3)
The relevant entity may stay the original decision to secure the effectiveness of the internal review and a later external review by QCAT.
(4)
The stay—
(a)
may be given on conditions the relevant entity considers appropriate; and
(b)
operates for the period fixed by the relevant entity; and
(c)
may be amended or revoked by the relevant entity.
(5)
The period of the stay must not extend past the time when the chief executive makes the internal review decision about the original decision and any later period the relevant entity allows to enable the applicant to apply to QCAT for a review of the internal review decision.
(6)
An internal review application affects the original decision, or carrying out of the decision, only if the decision is stayed.
(7)
In this section—
relevant entity means the chief executive or QCAT.
178
Internal review
(1)
The chief executive must, within 20 days after receiving an internal review application made under section 176—
(a)
conduct an internal review of the decision the subject of the application (the original decision); and
(b)
make a decision (the internal review decision) to—
(i)
confirm the original decision; or
(ii)
amend the original decision; or
(iii)
substitute another decision for the original decision.
(2)
The application must not be dealt with by—
(a)
the person who made the original decision; or
(b)
a person in a less senior office than the person who made the original decision.
(3)
Subsection (2)—
(a)
applies despite the
Acts Interpretation Act 1954
, section 27A; and
(b)
does not apply to an original decision made personally by the chief executive.
(4)
If the internal review decision confirms the original decision, for the purpose of an external review, the original decision is taken to be the internal review decision.
(5)
If the internal review decision amends the original decision, for the purpose of an external review, the original decision as amended is taken to be the internal review decision.
179
Notice of internal review decision
(1)
The chief executive must, within 10 days after making an internal review decision, give the applicant notice of the decision.
(2)
If the internal review decision is not the decision sought by the applicant, the notice must be accompanied by a QCAT information notice for the decision.
(3)
If the chief executive does not give the notice within the 10 days, the chief executive is taken to have made an internal review decision confirming the original decision.
(4)
In this section—
QCAT information notice means a notice complying with the QCAT Act, section 157
(2).
Part 2
External reviews by QCAT
180
Who may apply for external review
A person given, or entitled to be given, a QCAT information notice under section 179 for an internal review decision may apply, as provided under the QCAT Act, to QCAT for an external review of the decision.
Chapter 10
Authorised persons
Part 1
Preliminary
181
Definitions for ch 10
In this chapter—
disposal order see section 231
(2).
document certification requirement see section 234
(6).
document production requirement see section 234
(2).
electronic document means a document of a type under the
Acts Interpretation Act 1954
, schedule 1, definition document, paragraph (c).
def electronic document amd 2013 No. 39
s 110
(1)
sch 3 pt 1
forfeiture order see section 227
(1).
former owner see section 226
(1).
general power see section 211
(1).
help requirement see section 212
(1).
identity card, for a provision about authorised persons, means an identity card issued under section 187.
information requirement see section 237
(3).
offence warning, for a direction or requirement of an authorised person, means a warning that, without reasonable excuse, it is an offence for the person to whom the direction or requirement is made not to comply with it.
owner, for a thing that has been seized under this chapter, includes a person who would be entitled to possession of the thing had it not been seized.
personal details requirement see section 232
(5).
person in control—
(a)
of a vehicle, includes—
(i)
the vehicle’s driver or rider; and
(ii)
anyone who reasonably appears to be, claims to be, or acts as if he or she is, the vehicle’s driver or rider or the person in control of the vehicle; or
(b)
of another thing, includes anyone who reasonably appears to be, claims to be, or acts as if he or she is, the person in possession or control of the thing.
Part 2
General matters about authorised persons
Division 1
Functions
182
Functions of authorised persons
An authorised person has the following functions—
(a)
to investigate, monitor and enforce compliance with this Act;
(b)
to investigate or monitor whether an occasion has arisen for the exercise of powers under this Act;
(c)
to facilitate the exercise of powers under this Act.
Division 2
Appointment
183
Appointment and qualifications
(1)
The chief executive may, by instrument in writing, appoint any of the following persons as an authorised person—
(a)
a public service officer;
(b)
an employee of the department;
(c)
a person prescribed under a regulation.
(2)
However, the chief executive may appoint a person as an authorised person only if the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.
184
Appointment conditions and limit on powers
(1)
An authorised person holds office on any conditions stated in—
(a)
the authorised person’s instrument of appointment; or
(b)
a signed notice given to the authorised person; or
(c)
a regulation.
(2)
The instrument of appointment, a signed notice given to the authorised person or a regulation may limit the authorised person’s powers.
(3)
In this section—
signed notice means a notice signed by the chief executive.
185
When office ends
(1)
The office of a person as an authorised person ends if any of the following happens—
(a)
the term of office stated in a condition of office ends;
(b)
under another condition of office, the office ends;
(c)
the authorised person’s resignation under section 186 takes effect.
(2)
Subsection (1) does not limit the ways the office of a person as an authorised person ends.
(3)
In this section—
condition of office means a condition under which the authorised person holds office.
186
Resignation
(1)
An authorised person may resign by signed notice given to the chief executive.
(2)
However, if holding office as an authorised person is a condition of the authorised person holding another office, the authorised person may not resign as an authorised person without resigning from the other office.
Division 3
Identity cards
187
Issue of identity card
(1)
The chief executive must issue an identity card to each authorised person.
(2)
The identity card must—
(a)
contain a recent photo of the authorised person; and
(b)
contain a copy of the authorised person’s signature; and
(c)
identify the person as an authorised person under this Act; and
(d)
state an expiry date for the card.
(3)
This section does not prevent the issue of a single identity card to a person for this Act and other purposes.
188
Production or display of identity card
(1)
In exercising a power in relation to a person in the person’s presence, an authorised person must—
(a)
produce the authorised person’s identity card for the person’s inspection before exercising the power; or
(b)
have the identity card displayed so it is clearly visible to the person when exercising the power.
(2)
However, if it is not practicable to comply with subsection (1), the authorised person must produce the identity card for the person’s inspection at the first reasonable opportunity.
(3)
For subsection (1), an authorised person does not exercise a power in relation to a person only because the authorised person has entered a place as mentioned in section 192
(1)
(a)
(iii), (iv) or (v).
189
Return of identity card
If the office of a person as an authorised person ends, the person must return the person’s identity card to the chief executive within 21 days after the office ends unless the person has a reasonable excuse.
Maximum penalty—50 penalty units.
Division 4
Miscellaneous provisions
190
References to exercise of powers
If—
(a)
a provision of this chapter refers to the exercise of a power by an authorised person; and
(b)
there is no reference to a specific power;
the reference is to the exercise of all or any authorised persons’ powers under this chapter or a warrant, to the extent the powers are relevant.
191
Reference to document includes reference to reproductions from electronic document
A reference in this chapter to a document includes a reference to an image or writing—
(a)
produced from an electronic document; or
(b)
not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.
Part 3
Entry of places by authorised persons
Division 1
Power to enter
192
General power to enter places
(1)
An authorised person may enter a place—
(a)
if—
(i)
an occupier of the place consents under division 2 to the entry and section 195 has been complied with for the occupier; or
(ii)
the entry is authorised under a warrant and, if there is an occupier of the place, division 3, subdivision 2 has been complied with for the occupier; or
(iii)
it is a public place and the entry is made when it is open to the public; or
(iv)
it is a place of business that is open for carrying on the business; or
(v)
it is vacant land in relation to which the authorised person reasonably suspects an offence against section 103
(1) or 104
(1) has been or is being committed; or
(b)
if it is a waste facility and entry is made during the daytime; or
(c)
under section 204.
(2)
Subsection (1)
(a)
(iv) is not limited by subsection (1)
(b).
(3)
Subsection (1)
(a)
(iv) or (b) does not authorise entry to any part of the place where a person resides.
(4)
If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.
(5)
If the power to enter is under a warrant, the power is subject to the terms of the warrant.
(6)
If the power to enter arose only because an occupier of the place consented to the entry, the consent may provide consent for re-entry and is subject to the conditions of consent.
(7)
If the power to enter is under a warrant, the re-entry is subject to the terms of the warrant.
(8)
In this section—
vacant land means land on which there are no structural improvements other than fencing.
Division 2
Entry by consent
193
Application of div 2
This division applies if an authorised person intends to ask an occupier of a place for consent to the authorised person or another authorised person entering the place under section 192
(1)
(a)
(i).
194
Incidental entry to ask for access
For the purpose of asking the occupier for the consent, the authorised person may, without the occupier’s consent or a warrant—
(a)
enter land around premises at the place to an extent that is reasonable to contact the occupier; or
(b)
enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.
195
Matters authorised person must tell occupier
Before asking for the consent, the authorised person must give a reasonable explanation to the occupier—
(a)
about the purpose of the entry, including the powers intended to be exercised; and
(b)
that the occupier is not required to consent; and
(c)
that the consent may be given subject to conditions and may be withdrawn at any time.
196
Consent acknowledgement
(1)
If the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent.
(2)
The acknowledgement must state—
(a)
the purpose of the entry, including the powers intended to be exercised; and
(b)
the following has been explained to the occupier—
(i)
the purpose of the entry, including the powers intended to be exercised;
(ii)
that the occupier is not required to consent;
(iii)
that the consent may be given subject to conditions and may be withdrawn at any time; and
(c)
the occupier gives the authorised person or another authorised person consent to enter the place and exercise the powers; and
(d)
the time and day the consent was given; and
(e)
any conditions of the consent.
(3)
If the occupier signs the acknowledgement, the authorised person must immediately give a copy to the occupier.
(4)
However, if it is impractical for the authorised person to give the occupier a copy of the acknowledgement immediately, the authorised person must give the copy as soon as practicable.
(5)
If—
(a)
an issue arises in a proceeding about whether the occupier consented to the entry; and
(b)
an acknowledgement complying with subsection (2) for the entry is not produced in evidence;
the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.
Division 3
Entry under warrant
Subdivision 1
Obtaining warrant
197
Application for warrant
(1)
An authorised person may apply to a magistrate for a warrant for a place.
(2)
The authorised person must prepare a written application that states the grounds on which the warrant is sought.
(3)
The written application must be sworn.
(4)
The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.
Example—
The magistrate may require additional information supporting the written application to be given by statutory declaration.
198
Issue of warrant
(1)
The magistrate may issue a warrant for the place if the magistrate is satisfied there are reasonable grounds for suspecting that there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act.
(2)
The warrant must state—
(a)
the place to which the warrant applies; and
(b)
that a stated authorised person or any authorised person may with necessary and reasonable help and force—
(i)
enter the place and any other place necessary for entry to the place; and
(ii)
exercise the authorised person’s powers; and
(c)
particulars of the offence that the magistrate considers appropriate; and
(d)
the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and
(e)
the evidence that may be seized under the warrant; and
(f)
the hours of the day or night when the place may be entered; and
(g)
the magistrate’s name; and
(h)
the day and time of the warrant’s issue; and
(i)
the day, within 14 days after the warrant’s issue, the warrant ends.
199
Electronic application
(1)
An application under section 197 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of—
(a)
urgent circumstances; or
(b)
other special circumstances, including, for example, the authorised person’s remote location.
(2)
The application—
(a)
may not be made before the authorised person prepares the written application under section 197
(2); but
(b)
may be made before the written application is sworn.
200
Additional procedure if electronic application
(1)
For an application made under section 199, the magistrate may issue the warrant (the original warrant) only if the magistrate is satisfied—
(a)
it was necessary to make the application under section 199; and
(b)
the way the application was made under section 199 was appropriate.
(2)
After the magistrate issues the original warrant—
(a)
if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or
(b)
otherwise—
(i)
the magistrate must tell the authorised person the information mentioned in section 198
(2); and
(ii)
the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 198
(2) provided by the magistrate.
(3)
The copy of the warrant mentioned in subsection (2)
(a), or the form of warrant completed under subsection (2)
(b) (in either case the duplicate warrant), is a duplicate of, and as effectual as, the original warrant.
(4)
The authorised person must, at the first reasonable opportunity, send to the magistrate—
(a)
the written application complying with section 197
(2) and (3); and
(b)
if the authorised person completed a form of warrant under subsection (2)
(b)—the completed form of warrant.
(5)
The magistrate must keep the original warrant and, on receiving the documents under subsection (4)—
(a)
attach the documents to the original warrant; and
(b)
give the original warrant and documents to the clerk of the court of the relevant magistrates court.
(6)
Despite subsection (3), if—
(a)
an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and
(b)
the original warrant is not produced in evidence;
the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.
(7)
This section does not limit section 197.
(8)
In this section—
relevant magistrates court, in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the
Magistrates Act 1991
.
201
Defect in relation to a warrant
(1)
A warrant is not invalidated by a defect in—
(a)
the warrant; or
(b)
compliance with this subdivision;
unless the defect affects the substance of the warrant in a material particular.
(2)
In this section—
warrant includes a duplicate warrant mentioned in section 200
(3).
Subdivision 2
Entry procedure
202
Procedure
(1)
This section applies if an authorised person is intending to enter a place under a warrant issued under this division.
(2)
Before entering the place, the authorised person must do or make a reasonable attempt to do the following things—
(a)
identify himself or herself to a person who is an occupier of the place and is present by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment;
(b)
give the person a copy of the warrant;
(c)
tell the person the authorised person is permitted by the warrant to enter the place;
(d)
give the person an opportunity to allow the authorised person immediate entry to the place without using force.
(3)
However, the authorised person need not comply with subsection (2) if the authorised person reasonably believes that entry to the place is required to ensure the execution of the warrant is not frustrated.
(4)
In this section—
warrant includes a duplicate warrant mentioned in section 200
(3).
Division 4
Procedure for certain other entries
203
Procedure
(1)
This section applies if—
(a)
an authorised person is intending to enter a place under section 192
(1)
(a)
(iv) or (b); and
(b)
an occupier of the place is present at the place.
(2)
Before entering the place, the authorised person must do or make a reasonable attempt to do the following things—
(a)
identify himself or herself to the occupier by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment;
(b)
tell the occupier the purpose of the entry;
(c)
tell the occupier the authorised person is permitted under this Act to enter the place.
Division 5
Entry of stationary vehicles by authorised persons
204
Power to enter
(1)
An authorised person may enter and stay in a vehicle if the vehicle is stationary and the authorised person reasonably suspects, or is aware, that a thing in or on the vehicle may provide evidence of the commission of an offence against section 41
(1) or 104
(1).
Note—
See part 4, division 1 for authorised person’s powers to stop moving vehicle.
(2)
An authorised person may not enter a part of a vehicle under subsection (1) that is used only as a living area.
(3)
The power to enter under this section is in addition to the powers under section 192
(1)
(a)
(ii).
205
Procedure for entry
(1)
Subsection (2) applies if—
(a)
an authorised person is intending to enter a vehicle under section 204; and
(b)
the person in control of the vehicle is present at the vehicle.
(2)
Before entering the vehicle, the authorised person must do, or make a reasonable attempt to do, each of the following things—
(a)
identify himself or herself to the person in control by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment;
(b)
tell the person the purpose of the entry;
(c)
seek the consent of the person to the entry;
(d)
tell the person the authorised person is permitted under this Act to enter the vehicle without the person’s consent.
(3)
If the person in control of the vehicle is not present at the vehicle, the authorised person must take reasonable steps to advise the person or any registered operator of the vehicle of the authorised person’s intention to enter the vehicle.
(4)
Subsection (3) does not require the authorised person to take a step the authorised person reasonably believes may frustrate or otherwise hinder the performance of the authorised person’s functions or the purpose of the intended entry.
(5)
In this section—
registered operator, of a vehicle, means—
(a)
if it is registered in Queensland—the person in whose name the vehicle is registered under the
Transport Operations (Road Use Management) Act 1995
; or
(b)
if it is registered in another State—the person in whose name the vehicle is registered under the Act of the State that corresponds to the
Transport Operations (Road Use Management) Act 1995
.
Part 4
Other authorised persons’ powers and related matters
Division 1
Stopping or moving vehicles
206
Application of div 1
This division applies if an authorised person reasonably suspects, or is aware, that a thing in or on a vehicle may provide evidence of the commission of an offence against section 41
(1) or 104
(1).
207
Power to stop or move
(1)
If the vehicle is moving, the authorised person may, to exercise his or her powers, signal or otherwise direct the person in control of the vehicle to stop the vehicle and to bring the vehicle to, and keep it at, a convenient place within a reasonable distance to allow the authorised person to exercise the powers.
(2)
If the vehicle is stopped, the authorised person may direct the person in control of the vehicle—
(a)
not to move it until the authorised person has exercised the authorised person’s powers; or
(b)
to move the vehicle to, and keep it at, a stated reasonable place to allow the authorised person to exercise the powers.
(3)
When giving the direction under subsection (2), the authorised person must give the person in control an offence warning for the direction.
208
Identification requirements if vehicle moving
(1)
This section applies if the authorised person proposes to give a direction under section 207
(1) and the vehicle is moving.
(2)
The authorised person must clearly identify himself or herself as an authorised person exercising the authorised person’s powers.
(3)
When the vehicle stops, the authorised person must—
(a)
have with him or her the authorised person’s identity card; and
(b)
immediately produce the identity card for the inspection of the person in control of the vehicle.
(4)
Subsection (3) applies despite section 188.
209
Failure to comply with direction
(1)
The person in control of the vehicle must comply with a direction under section 207 unless the person has a reasonable excuse.
Maximum penalty—60 penalty units.
(2)
It is a reasonable excuse for the person not to comply with a direction if—
(a)
the vehicle was moving and the authorised person did not comply with section 208; or
(b)
to comply immediately would have endangered someone else or caused loss or damage to property, and the person complies as soon as it is practicable to do so.
(3)
Subsection (2) does not limit subsection (1).
(4)
A person does not commit an offence against subsection (1) if—
(a)
the direction the person fails to comply with is given under section 207
(2); and
(b)
the person is not given an offence warning for the direction.
Division 2
General powers after entering places
210
Application of div 2
(1)
The powers under this division may be exercised if an authorised person enters a place under—
(a)
section 192
(1)
(a)
(i), (ii), (iv), (v) or (b); or
(b)
section 204.
(2)
However, if the authorised person enters under section 192
(1)
(a)
(i) or (ii), the powers under this division are subject to any conditions of the consent or terms of the warrant.
211
General powers
(1)
The authorised person may do any of the following (each a general power)—
(a)
search any part of the place;
(b)
inspect, examine or film any part of the place or anything at the place;
(c)
take for examination or analysis a thing, or a sample of or from a thing, at the place;
(d)
place an identifying mark in or on anything at the place;
(e)
take an extract from, or copy, a document at the place, or take the document to another place to copy;
(f)
produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;
(g)
take to, into or onto the place and use any person, equipment and materials the authorised person reasonably requires for exercising the authorised person’s powers under this division;
(h)
remain at the place for the time necessary to achieve the purpose of the entry.
(2)
The authorised person may take a necessary step to allow the exercise of a general power.
(3)
If the authorised person takes a document from the place to copy it, the authorised person must copy and return the document to the place as soon as practicable.
(4)
If the authorised person takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the authorised person must produce the document and return the article or device to the place as soon as practicable.
(5)
In this section—
examine includes analyse, test, account, measure, weigh, grade, gauge and identify.
film includes photograph, videotape and record an image in another way.
inspect, a thing, includes open the thing and examine its contents.
212
Power to require reasonable help
(1)
The authorised person may make a requirement (a help requirement) of an occupier of the place or a person at the place to give the authorised person reasonable help to exercise a general power, including, for example, to produce a document or to give information.
(2)
A help requirement may require the person to give the authorised person any translation, code, password or other information necessary to gain access to or interpret and understand any document or information obtained by the authorised person under a general power.
(3)
When making the help requirement, the authorised person must give the person an offence warning for the requirement.
213
Offence to contravene help requirement
(1)
A person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse.
Maximum penalty—50 penalty units.
(2)
It is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.
(3)
However, subsection (2) does not apply if a document or information the subject of the help requirement is required to be held or kept by the defendant under this Act.
Division 3
Seizure and forfeiture
Subdivision 1
Power to seize
214
Seizing evidence at a place that may be entered without consent or warrant
An authorised person who enters a place the authorised person may enter under this Act without the consent of an occupier of the place and without a warrant may seize a thing at the place if the authorised person reasonably believes the thing is evidence of an offence against this Act.
215
Seizing evidence at a place that may be entered only with consent or warrant
(1)
This section applies if—
(a)
an authorised person is authorised to enter a place only with the consent of an occupier of the place or a warrant; and
(b)
the authorised person enters the place after obtaining the consent or under a warrant.
(2)
If the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place only if—
(a)
the authorised person reasonably believes the thing is evidence of an offence against this Act; and
(b)
seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.
(3)
If the authorised person enters the place under a warrant, the authorised person may seize the evidence for which the warrant was issued.
(4)
The authorised person may also seize anything else at the place if the authorised person reasonably believes—
(a)
the thing is evidence of an offence against this Act; and
(b)
the seizure is necessary to prevent the thing being—
(i)
hidden, lost or destroyed; or
(ii)
used to continue, or repeat, the offence.
(5)
The authorised person may also seize a thing at the place if the authorised person reasonably believes it has just been used in committing an offence against this Act.
216
Seizure of property subject to security
(1)
An authorised person may seize a thing, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.
(2)
However, the seizure does not affect the other person’s claim to the lien or other security against a person other than the authorised person or a person acting for the authorised person.
Subdivision 2
Powers to support seizure
217
Requirement of person in control of thing to be seized
(1)
To enable a thing to be seized, an authorised person may require the person in control of it—
(a)
to take it to a stated reasonable place by a stated reasonable time; and
(b)
if necessary, to remain in control of it at the stated place for a stated reasonable time.
(2)
The requirement—
(a)
must be made by notice; or
(b)
if for any reason it is not practicable to give a notice, may be made orally and confirmed by notice as soon as practicable.
218
Offence to contravene seizure requirement
A person of whom a requirement is made under section 217 must comply with the requirement unless the person has a reasonable excuse.
Maximum penalty—60 penalty units.
219
Power to secure seized thing
(1)
Having seized a thing under this division, an authorised person may—
(a)
leave it at the place where it was seized (the place of seizure) and take reasonable action to restrict access to it; or
(b)
move it from the place of seizure.
(2)
For subsection (1)
(a), the authorised person may, for example—
(a)
seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or
(b)
for equipment—make it inoperable; or
Example—
make it inoperable by dismantling it or removing a component without which the equipment can not be used
(c)
require a person the authorised person reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an authorised person could do under subsection (1)
(a).
220
Offence to contravene other seizure requirement
A person must comply with a requirement made of the person under section 219
(2)
(c) unless the person has a reasonable excuse.
Maximum penalty—60 penalty units.
221
Offence to interfere
(1)
If access to a seized thing is restricted under section 219, a person must not tamper with the thing or with anything used to restrict access to the thing without—
(a)
an authorised person’s approval; or
(b)
a reasonable excuse.
Maximum penalty—60 penalty units.
(2)
If access to a place is restricted under section 219, a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without—
(a)
an authorised person’s approval; or
(b)
a reasonable excuse.
Maximum penalty—60 penalty units.
Subdivision 3
Safeguards for seized things
222
Receipt and information notice for seized thing
(1)
This section applies if an authorised person seizes anything under this division unless—
(a)
the authorised person reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or
(b)
because of the condition, nature and value of the thing it would be unreasonable to require the authorised person to comply with this section.
(2)
The authorised person must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized—
(a)
a receipt for the thing that generally describes the thing and its condition; and
(b)
an information notice for the decision to seize it.
(3)
However, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.
(4)
The receipt and information notice may—
(a)
be given in the same document; and
(b)
relate to more than 1 seized thing.
(5)
The authorised person may delay giving the receipt and information notice if the authorised person reasonably suspects giving them may frustrate or otherwise hinder an investigation by the authorised person under this Act.
(6)
However, the delay may be only for so long as the authorised person continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.
223
Access to seized thing
(1)
Until a seized thing is forfeited or returned, the authorised person who seized the thing must allow an owner of the thing—
(a)
to inspect it at any reasonable time and from time to time; and
(b)
if it is a document—to copy it.
(2)
Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.
(3)
The inspection or copying must be allowed free of charge.
224
Return of seized thing
(1)
This section applies if a seized thing has some intrinsic value and is not—
(a)
forfeited or transferred under subdivision 4 or 5; or
(b)
subject to a disposal order under division 4.
(2)
The authorised person must return the seized thing to an owner—
(a)
generally—at the end of 1 year after the seizure; or
(b)
if a proceeding for an offence involving the thing is started within the 1 year—at the end of the proceeding and any appeal from the proceeding.
(3)
Despite subsection (2), if the thing was seized as evidence, the authorised person must return the thing seized to an owner as soon as practicable after the authorised person is satisfied—
(a)
its continued retention as evidence is no longer required; and
(b)
its continued retention is not necessary to prevent it being used to continue, or repeat, an offence against this Act; and
(c)
it is lawful for the owner to possess it.
(4)
Nothing in this section affects a lien or other security over the seized thing.
Subdivision 4
Forfeiture
225
Forfeiture by chief executive
(1)
The chief executive may decide a seized thing is forfeited to the State if an authorised person—
(a)
after making reasonable inquiries, can not find an owner; or
(b)
after making reasonable efforts, can not return it to an owner; or
(c)
reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.
(2)
However, the authorised person is not required to—
(a)
make inquiries if it would be unreasonable to make inquiries to find an owner; or
(b)
make efforts if it would be unreasonable to make efforts to return the thing to an owner.
Example for paragraph (b)—
The owner of the thing has migrated to another country.
(3)
Regard must be had to the thing’s condition, nature and value in deciding—
(a)
whether it is reasonable to make inquiries or efforts; and
(b)
if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.
226
Information notice for forfeiture decision
(1)
If the chief executive decides under section 225
(1) to forfeit a thing, the chief executive must as soon as practicable give a person who owned the thing immediately before the forfeiture (the former owner) an information notice for the decision.
(2)
The information notice may be given by leaving it at the place where the thing was seized, in a conspicuous position and in a reasonably secure way.
(3)
The information notice must state that the former owner may apply for a stay of the decision if he or she seeks a review of the decision.
(4)
However, subsections (1) to (3) do not apply if—
(a)
the decision was made under section 225
(1)
(a) or (b); and
(b)
the place where the thing was seized is—
(i)
a public place; or
(ii)
a place where the notice is unlikely to be read by the former owner.
227
Forfeiture on conviction
(1)
If a court convicts a person of an offence against this Act, the court may order (a forfeiture order) the forfeiture to the State of—
(a)
anything used to commit the offence; or
(b)
anything else the subject of the offence.
(2)
The court may make the order—
(a)
whether or not the thing has been seized; and
(b)
if the thing has been seized—whether or not the thing has been returned to the former owner of the thing.
(3)
The court may make any order to enforce the forfeiture it considers appropriate.
(4)
This section does not limit the court’s powers under another law.
228
Procedure and powers for making forfeiture order
(1)
A forfeiture order may be made on a conviction on the court’s initiative or on an application by the prosecution.
(2)
In deciding whether to make a forfeiture order for a thing, the court—
(a)
may require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and
(b)
must hear any submissions that any person claiming to have any property in the thing may wish to make.
Subdivision 5
Dealing with property forfeited or transferred to State
229
When thing becomes property of the State
A thing becomes the property of the State if—
(a)
the thing is forfeited to the State under section 225
(1) or 227; or
(b)
the owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.
230
How property may be dealt with
(1)
This section applies if, under section 229, a thing becomes the property of the State.
(2)
The chief executive may deal with the thing as the chief executive considers appropriate, including, for example, by destroying it or giving it away.
(3)
The chief executive must not deal with the thing in a way that could prejudice the outcome of any review or appeal relating to the forfeiture under this Act or the QCAT Act.
(4)
If the chief executive sells the thing, the chief executive may, after deducting the costs of the sale, return the proceeds of the sale to the former owner of the thing.
(5)
This section is subject to any disposal order made for the thing.
Division 4
Disposal orders
231
Disposal order
(1)
This section applies if a court convicts a person of an offence against this Act.
(2)
The court may make an order (a disposal order), on its own initiative or on an application by the prosecution, for the disposal of any of the following things owned by the person—
(a)
anything that was the subject of, or used to commit, the offence;
(b)
another thing the court considers is likely to be used by the person or another person in committing a further offence against this Act.
(3)
The court may make a disposal order for a thing—
(a)
whether or not it has been seized under this Act; and
(b)
if the thing has been seized—whether or not it has been returned to the former owner.
(4)
In deciding whether to make a disposal order for a thing, the court—
(a)
may require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and
(b)
must hear any submissions that any person claiming to have any property in the thing may wish to make.
(5)
The court may make any order to enforce the disposal order that it considers appropriate.
(6)
This section does not limit the court’s powers under another law.
Division 5
Other information-obtaining powers
232
Power to require name and address
(1)
This section applies if an authorised person—
(a)
finds a person committing an offence against this Act or contravening a prescribed provision; or
(b)
finds a person in circumstances that lead the authorised person to reasonably suspect the person has just committed an offence against this Act or contravened a prescribed provision; or
(c)
has information that leads the authorised person to reasonably suspect a person has just committed an offence against this Act or contravened a prescribed provision.
(2)
The authorised person may require the person to state the person’s name and address.
(3)
The authorised person may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—
(a)
be in possession of evidence of the correctness of the stated name or address; or
(b)
otherwise be able to give the evidence.
(4)
When making a personal details requirement, the authorised person must give the person an offence warning for the requirement.
(5)
A requirement under this section is a personal details requirement.
(6)
In this section—
address, of a person, includes the person’s residential and business address and, for a person temporarily in Queensland, includes the place where the person is living in Queensland.
prescribed provision means section 107
(1), 108 or 109
(1) or (2).
233
Offence to contravene personal details requirement
(1)
A person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse.
Maximum penalty—50 penalty units.
(2)
A person may not be convicted of an offence under subsection (1) unless—
(a)
the person is found guilty of the offence in relation to which the personal details requirement was made; or
(b)
if the personal details requirement was made in relation to a contravention of a prescribed provision mentioned in section 232—the court is satisfied beyond reasonable doubt that the person contravened the prescribed provision.
234
Power to require production of document
(1)
An authorised person may require a person to make available for inspection by an authorised person, or to produce to the authorised person for inspection, at a reasonable time and place nominated by the authorised person—
(a)
a document issued to the person under this Act or required to be kept by the person under this Act; or
(b)
if a document or information required to be kept by a person under this Act is stored or recorded by means of a device—a document that is a clear written reproduction of the stored or recorded document or information.
(2)
A requirement under subsection (1) is a document production requirement.
(3)
For an electronic document, compliance with the document production requirement requires the making available or production of a clear written reproduction of the electronic document.
(4)
The authorised person may keep the document to copy it.
(5)
If the authorised person copies the document, or an entry in the document, the authorised person may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.
(6)
A requirement under subsection (5) is a document certification requirement.
(7)
The authorised person must return the document to the person as soon as practicable after copying it.
(8)
However, if a document certification requirement is made of a person, the authorised person may keep the document until the person complies with the requirement.
235
Offence to contravene document production requirement
(1)
A person of whom a document production requirement has been made must comply with the requirement unless the person has a reasonable excuse.
Maximum penalty—60 penalty units.
(2)
It is a reasonable excuse for an individual not to comply with a document production requirement if complying might tend to incriminate the individual or expose the individual to a penalty.
(3)
However, subsection (2) does not apply if a document or information the subject of the document production requirement is required to be held or kept by the person under this Act.
(4)
If a court convicts a person of an offence against subsection (1), the court may, as well as imposing a penalty for the offence, order the person to comply with the document production requirement.
236
Offence to contravene document certification requirement
(1)
A person of whom a document certification requirement has been made must comply with the requirement unless the person has a reasonable excuse.
Maximum penalty—50 penalty units.
(2)
It is a reasonable excuse for an individual not to comply with a document certification requirement if complying might tend to incriminate the individual or expose the individual to a penalty.
(3)
However, subsection (2) does not apply if the document certification requirement relates to a document or information that is required to be held or kept by the person under this Act.
237
Power to require information
(1)
This section applies if an authorised person reasonably believes—
(a)
an offence against this Act has been committed; and
(b)
a person may be able to give information about the offence.
(2)
The authorised person may, by notice given to the person, require the person to give the authorised person information related to the offence at a stated reasonable time and place.
(3)
A requirement under subsection (2) is an information requirement.
(4)
For information that is an electronic document, compliance with the information requirement requires the giving of a clear image or written version of the electronic document.
(5)
In this section—
information includes a document.
238
Offence to contravene information requirement
(1)
A person of whom an information requirement is made must comply with the requirement unless the person has a reasonable excuse.
Maximum penalty—50 penalty units.
(2)
It is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.
Part 5
Miscellaneous provisions
Division 1
Damage
239
Duty to avoid inconvenience and minimise damage
In exercising a power, an authorised person must take all reasonable steps to cause as little inconvenience, and do as little damage, as possible.
Note—
See also section 241.
240
Notice of damage
(1)
This section applies if—
(a)
an authorised person damages something when exercising, or purporting to exercise, a power; or
(b)
a person (the assistant) acting under the direction or authority of an authorised person damages something.
(2)
However, this section does not apply to damage the authorised person reasonably considers is trivial or if the authorised person reasonably believes—
(a)
there is no-one apparently in possession of the thing; or
(b)
the thing has been abandoned.
(3)
The authorised person must give notice of the damage to a person who appears to the authorised person to be an owner, or person in control, of the thing.
(4)
However, if for any reason it is not practicable to comply with subsection (3), the authorised person must—
(a)
leave the notice at the place where the damage happened; and
(b)
ensure it is left in a conspicuous position and in a reasonably secure way.
(5)
The authorised person may delay complying with subsection (3) or (4) if the authorised person reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the authorised person’s functions.
(6)
The delay may be only for so long as the authorised person continues to have the reasonable suspicion and remains in the vicinity of the place.
(7)
If the authorised person believes the damage was caused by a latent defect in the thing or circumstances beyond the control of the authorised person or the assistant, the authorised person may state the belief in the notice.
(8)
The notice must state—
(a)
particulars of the damage; and
(b)
that the person who suffered the damage may claim compensation under section 241.
Division 2
Compensation
241
Compensation
(1)
A person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised person including a loss arising from compliance with a requirement made of the person under this chapter.
(2)
However, subsection (1) does not include loss arising from a lawful seizure.
(3)
The compensation may be claimed and ordered in a proceeding—
(a)
brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or
(b)
for an alleged offence against this Act the investigation of which gave rise to the claim for compensation.
(4)
A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.
(5)
In considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant.
(6)
A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.
(7)
Section 239 does not provide for a statutory right of compensation other than as is provided by this section.
(8)
In this section—
loss includes costs and damage.
Division 3
Other offences relating to authorised persons
242
Giving authorised person false or misleading information
(1)
A person must not, in relation to the administration of this Act, give an authorised person information, or a document containing information, that the person knows is false or misleading in a material particular.
Maximum penalty—1665 penalty units.
(2)
Subsection (1) applies to information or a document given in relation to the administration of this Act whether or not the information or document was given in response to a specific power under this Act.
243
Obstructing authorised person
(1)
A person must not obstruct an authorised person, or someone helping an authorised person, exercising a power under this Act unless the person has a reasonable excuse.
Maximum penalty—165 penalty units.
(2)
If a person has obstructed an authorised person, or someone helping an authorised person, and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that—
(a)
it is an offence to cause an obstruction unless the person has a reasonable excuse; and
(b)
the authorised person considers the person’s conduct an obstruction.
(3)
In this section—
obstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.
244
Impersonating authorised person
A person must not impersonate an authorised person.
Maximum penalty—50 penalty units.
Chapter 11
Show cause notices and compliance notices
Part 1
Preliminary
245
Definitions for ch 11
In this chapter—
compliance notice see section 248
(1).
prescribed provision means—
(a)
section 43
(2), 44(2), 52(2), 101, 103
(1), 104
(1), 107
(1), 108, 109
(1) or (2), 112
(2), 141
(3), 149
(1), 152
(2), 158, 173P, 301E or 301F; or
(b)
a provision of a regulation prescribed for the purpose of this paragraph.
show cause notice see section 246
(2).
s 245
def prescribed provision amd 2013 No. 6
s 43; 2014 No. 59 s 168
Part 2
Show cause notices
246
Giving show cause notice
(1)
This section applies if the chief executive reasonably believes a person has contravened a prescribed provision.
(2)
Before giving a compliance notice about the contravention, the chief executive must give the person a notice (a show cause notice) inviting the person to show cause why the compliance notice should not be given.
(3)
Despite subsection (2), the chief executive need not give a show cause notice if the chief executive reasonably considers it is not appropriate in the circumstances to give the notice.
Example—
The chief executive might not give a show cause notice if the chief executive considers urgent action is necessary to address a danger to public health or safety or giving the notice would be likely to adversely affect the effectiveness of the compliance notice.
247
General requirements of show cause notice
(1)
A show cause notice must—
(a)
be in writing; and
(b)
outline the facts and circumstances forming the basis for the chief executive’s belief that a compliance notice should be given to the person; and
(c)
state that submissions may be made about the show cause notice; and
(d)
state how the submissions may be made; and
(e)
state where the submissions may be made or sent; and
(f)
state a period within which the submissions must be made.
(2)
The period stated in the notice must end at least 14 business days after the notice is given.
Part 3
Compliance notices
248
Giving compliance notice
(1)
If the chief executive reasonably believes a person has contravened, or is contravening, a prescribed provision, the chief executive may give a notice (a compliance notice) to the person requiring the person to do either or both of the following—
(a)
to refrain from contravening the prescribed provision;
(b)
to remedy the contravention in the way stated in the notice.
(2)
The compliance notice must include or be accompanied by an information notice for the decision to give the person a compliance notice.
249
Restriction on giving compliance notice
(1)
This section applies if the chief executive gives a person a show cause notice about a contravention of a prescribed provision.
(2)
The chief executive may give the person a compliance notice about the contravention only if the chief executive—
(a)
has considered all submissions made by the person about the show cause notice within the period stated in that notice; and
(b)
still believes it is appropriate to give the compliance notice.
(3)
Subsection (4) applies if the contravention of a prescribed provision is a contravention of section 43
(2).
(4)
The chief executive may give the person a compliance notice about the contravention only if the chief executive is satisfied that the waste disposal site where the weighbridge is required to be installed is not planned to be closed within 1 year after the requirement in section 43
(2) started to apply to the operator of the site.
s 249
amd 2013 No. 6
s 44
250
General requirements of compliance notices
(1)
A compliance notice must state the following—
(a)
that the chief executive believes the person has contravened or is contravening a prescribed provision;
(b)
the particular prescribed provision the chief executive believes has been, or is being, contravened;
(c)
briefly, how it is believed the prescribed provision has been, or is being, contravened;
(d)
if the notice requires the person to refrain from contravening the prescribed provision—either of the following—
(i)
a period for which the requirement applies;
(ii)
if the notice relates to a contravention of section 107
(1), 108, 109
(1) or (2) or 146
(2)—that the requirement applies until further notice;
(e)
if the notice requires the person to remedy the contravention—the time by which the person must remedy the contravention;
(f)
that it is an offence to fail to comply with the compliance notice unless the person has a reasonable excuse;
(g)
the maximum penalty for failing to comply with the compliance notice.
(2)
The time under subsection (1)
(e) must be reasonable having regard to the action required to remedy the contravention.
(3)
The notice may also state the reasonable steps the chief executive considers necessary to remedy the contravention, or avoid further contravention, of the prescribed provision.
(4)
If the compliance notice requires the person to do more than 1 thing, it may state different periods within which the things are required to be done.
251
Person must comply with notice
A person who is given a compliance notice must comply with the notice unless the person has a reasonable excuse.
Maximum penalty—
(a)
if the compliance notice relates to a contravention of section 107
(1), 108, or 109(1) or (2)—40 penalty units; or
(b)
if the compliance notice relates to a contravention of section 43
(3) or (4)—200 penalty units; or
(c)
otherwise—300 penalty units.
s 251
amd 2013 No. 6
s 45
Chapter 12
Waste audits
Part 1
Preliminary
252
Definitions for ch 12
In this chapter—
recipient see section 253
(1).
waste audit see section 253
(1).
waste report see section 253
(1).
Part 2
Chief executive may require conduct of waste audits
253
When waste audit required
(1)
If the chief executive reasonably suspects that a person is contravening or has contravened a prescribed provision, the chief executive may give the person (the recipient) a notice requiring the person to commission an audit of the matter (a waste audit), and to give a report (a waste report) on the audit to the chief executive, under this chapter.
(2)
The notice must—
(a)
state the grounds on which the requirement is made; and
(b)
outline the facts and circumstances forming the basis for the grounds; and
(c)
state the scope of the waste audit; and
(d)
state the day (at least a reasonable period after the notice is given) by which the recipient must give the waste report to the chief executive.
(3)
The notice must include or be accompanied by an information notice for the decision to give the notice.
(4)
In this section—
prescribed provision means section 43
(2), 44
(3), 52
(1), 101, 104, 301E or 301F.
s 253
amd 2013 No. 6
s 46
254
Recipient must comply with notice
The recipient must comply with the notice unless the recipient has a reasonable excuse.
Maximum penalty—300 penalty units.
Part 3
Other provisions
255
Who may conduct waste audit
(1)
The recipient must commission a suitably qualified person to conduct the waste audit.
(2)
The person commissioned by the recipient must be independent of the recipient and of the premises to which the waste audit relates.
(3)
In this section—
suitably qualified person, in relation to the conduct of a waste audit, means a person who has the qualifications and experience appropriate for conducting the audit.
256
Declarations to accompany waste report
(1)
A waste report given to the chief executive must be accompanied by a statutory declaration by the recipient and the person who carried out the waste audit.
(2)
The recipient’s declaration must be made—
(a)
if the recipient is an individual—by the recipient; or
(b)
if the recipient is a corporation—by an executive officer of the corporation acting on the corporation’s behalf.
(3)
The recipient’s declaration must state that the recipient—
(a)
has not knowingly given any false or misleading information to the person who carried out the waste audit; and
(b)
has given all relevant information to the person who carried out the waste audit.
(4)
A declaration by the person who carried out the waste audit must—
(a)
state his or her qualifications and experience relevant to the audit; and
(b)
state that he or she has not knowingly included any false, misleading or incomplete information in the report; and
(c)
state that he or she has not knowingly failed to reveal any relevant information or document to the chief executive; and
(d)
certify that—
(i)
the report addresses the relevant matters for the audit and is factually correct; and
(ii)
the opinions expressed in it are honestly and reasonably held.
257
Costs of waste audit and report
The recipient must bear the costs of commissioning a waste audit and of the waste report.
Chapter 13
Court orders
258
Court may make particular orders
(1)
This section applies if a court convicts a person of a prescribed offence.
(2)
The court may, on application by the prosecution, make either or both of the following orders against the defendant—
(a)
a rehabilitation or restoration order;
(b)
a monetary benefit order.
(3)
Subsection (4) applies if the court finds that, because of the act or omission constituting the offence, another person has—
(a)
suffered a reduction in the value of, or damage to, property; or
(b)
incurred costs or expenses in replacing or repairing property, or in preventing or minimising, or attempting to prevent or minimise, a reduction or damage mentioned in paragraph (a).
(4)
In addition to any order the court makes under subsection (2), the court may, on application by the prosecution, order the defendant to pay to the other person an amount of compensation the court considers appropriate for the reduction or damage suffered, or costs or expenses incurred.
(5)
An order under this section must state the period within which the order must be complied with.
(6)
This section does not limit the court’s powers under the
Penalties and Sentences Act 1992
or any other law.
(7)
In this section—
monetary benefit order means an order requiring the person against whom it is made to pay an amount to the chief executive representing any financial or other benefit the person has received because of the act or omission constituting the offence in relation to which the order is made.
prescribed offence means an offence against section 41
(1), 43
(1), (2) or (3), 44
(2) or (3), 45
(2), 47
(1), 48
(1), 52
(1), 54
(1), 66
(1), 67
(2) or (3), 101, 104
(1), 167, 296
(1) or 297
(1).
rehabilitation or restoration order means an order requiring the person against whom it is made to take stated action to rehabilitate or restore the land that was adversely affected because of the act or omission constituting the offence in relation to which the order is made.
s 258
amd 2013 No. 6
s 50 sch
259
Court may order recovery of chief executive’s costs
(1)
This section applies if a court convicts a person of an offence against this Act.
(2)
The court may order the person to pay an amount to the chief executive representing the reasonable costs the chief executive incurred in investigating and prosecuting the offence.
260
Chief executive may take action and recover costs
(1)
This section applies if a rehabilitation or restoration order is made against a person under section 258, and the person fails to comply with the order within the period stated in the order.
(2)
The chief executive may carry out work or take any other action reasonably necessary to fulfil the requirements of the order.
(3)
The costs reasonably incurred by the chief executive in carrying out work or taking other action under subsection (2) are a debt payable by the person to the chief executive.
261
Restraint of contraventions of Act etc.
(1)
A proceeding may be brought in a Magistrate’s Court by a prescribed person for an order to remedy or restrain an offence against this Act, or a threatened or anticipated offence against this Act.
(2)
If the court is satisfied—
(a)
an offence against this Act has been committed (whether or not it has been prosecuted); or
(b)
an offence against this Act will be committed unless restrained;
the court may make the orders it considers appropriate to remedy or restrain the offence.
(3)
An order—
(a)
may direct the person against whom the order is made (the defendant)—
(i)
to stop an activity that is or will be a contravention of this Act; or
(ii)
to do anything required to comply with, or to cease a contravention of, this Act; and
(b)
may be in the terms the court considers appropriate to secure compliance with this Act; and
(c)
must specify the time by which the order is to be complied with; and
(d)
may include an order for the defendant to pay the costs reasonably incurred by the chief executive in monitoring the defendant’s actions in relation to the offence.
(4)
The court’s power to make an order to stop an activity may be exercised whether or not—
(a)
it appears to the court the defendant intends to engage, or to continue to engage, in the activity; or
(b)
the defendant has previously engaged in an activity of that kind.
(5)
The court’s power to make an order to do anything may be exercised whether or not—
(a)
it appears to the court the defendant intends to fail, or to continue to fail, to do the thing; or
(b)
the defendant has previously failed to do a thing of that kind.
(6)
Without limiting the powers of the court, the court may make an order—
(a)
restraining the use of plant or equipment or a place; or
(b)
requiring the demolition or removal of plant or equipment, a structure or another thing; or
(c)
requiring the rehabilitation or restoration of land.
(7)
The court’s power under this section is in addition to its other powers.
(8)
A person must not contravene an order made under this section.
Maximum penalty—3000 penalty units or 2 years imprisonment.
(9)
In this section—
prescribed person, in relation to a proceeding, means—
(a)
the Minister; or
(b)
the chief executive; or
(c)
someone whose interests are affected by the subject matter of the proceeding.
262
Power of court to make order pending determination of proceeding
(1)
This section applies if a proceeding has been brought by a person in a Magistrate’s Court under section 261 and the court has not decided the proceeding.
(2)
On the person’s application, the court may make an order of a kind mentioned in section 261 pending its deciding the proceeding if it is satisfied it would be proper to make the order.
(3)
The court’s power to make an order to stop an activity may be exercised whether or not—
(a)
it appears to the court the person against whom the order is made intends to engage, or to continue to engage, in the activity; or
(b)
the person has previously engaged in an activity of that kind.
(4)
The court’s power to make an order to do anything may be exercised whether or not—
(a)
it appears to the court the person against whom the order is made intends to fail, or to continue to fail, to do the thing; or
(b)
the person has previously failed to do a thing of that kind.
(5)
The court’s power under this section is in addition to its other powers.
(6)
A person must not contravene an order made under this section.
Maximum penalty for subsection (6)—3000 penalty units or 2 years imprisonment.
Chapter 14
Miscellaneous
263
Delegation by chief executive
(1)
The chief executive may delegate the chief executive’s powers under this Act as the chief executive to—
(a)
an appropriately qualified—
(i)
authorised person; or
(ii)
public service officer; or
(b)
a local government.
(2)
A delegation of a chief executive’s power to a local government may permit the subdelegation of the power to an appropriately qualified entity.
264
General duties about documents or records
(1)
A person must not, in relation to the administration of this Act, keep, produce or make use of a document or record the person knows, or ought reasonably to know, contains information that is false or misleading in a material particular.
Maximum penalty—1665 penalty units.
(2)
A person who is required to keep a document under this Act must not, without a reasonable excuse—
(a)
keep it as an incorrect document; or
(b)
destroy, alter or damage it; or
(c)
give it to the chief executive or an authorised person if the information contained in it is incorrect or incomplete in a material particular.
Maximum penalty—1000 penalty units.
265
Giving chief executive false or misleading information
(1)
A person must not, in relation to the administration of this Act, give the chief executive information, or a document containing information, that the person knows is false or misleading in a material particular.
Maximum penalty—1665 penalty units.
(2)
Subsection (1) applies to information or a document given in relation to the administration of this Act whether or not the information or document was given in response to a specific power under this Act.
266
Protection of officials from liability
(1)
An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.
(2)
If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.
(3)
This section does not apply to an official if the official is a State employee within the meaning of the
Public Service Act 2008
, section 26B
(4).
(4)
In this section—
official means any of the following persons—
(a)
the Minister;
(b)
an authorised person;
(c)
a person acting under the direction of—
(i)
a person mentioned in paragraph (a) or (b); or
(ii)
the chief executive.
s 266
amd 2014 No. 59
s 163
267
Summary proceedings for offences
(1)
Proceedings for an offence against this Act are to be taken in a summary way under the
Justices Act 1886
.
(2)
A proceeding for an offence against this Act must start—
(a)
within 1 year after the commission of the offence; or
(b)
within 1 year after the offence comes to the complainant’s knowledge, but within—
(i)
for an offence against section 54—6 years after the commission of the offence; or
(ii)
otherwise—2 years after the commission of the offence.
268
Executive officer may be taken to have committed offence
(1)
If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if—
(a)
the officer authorised or permitted the corporation’s conduct constituting the offence; or
(b)
the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.
(2)
The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.
(3)
This section does not affect either of the following—
(a)
the liability of the corporation for the offence against the deemed executive liability provision;
(b)
the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.
(4)
In this section—
deemed executive liability provision means either of the following provisions—
•
section 104
(1)
•
section 158
•
section 173P.
s 268
sub 2013 No. 51
s 220
amd 2014 No. 59 s 169
269
Application of Acts to local governments
This Act, and for the purposes of this Act, other Acts apply to a local government in the same way as they apply to a body corporate.
270
Approval of forms
The chief executive may approve forms for use under this Act.
271
Regulation-making power
(1)
The Governor in Council may make regulations under this Act.
(2)
Without limiting subsection (1), a regulation may provide for any of the following—
(a)
the removal, collection, transport, deposit, storage or disposal of waste;
(b)
setting standards, controls or procedures for the manufacture, generation, sale, use, transport, receival, storage, treatment or disposal of waste, including for—
(i)
local government administration of waste; or
(ii)
waste tracking; or
(iii)
dealing with polychlorinated biphenyls; or
(iv)
managing clinical and related waste; or
(v)
used packaging materials; or
(vi)
storage, disposal, receival or treatment of waste or equipment for dealing with waste;
(c)
giving effect to, and enforcing compliance with, a national environment protection measure under a law forming part of a national scheme;
(d)
supporting and implementing national frameworks, objectives and priorities for waste management and resource recovery;
(e)
setting the amounts of performance payments that may be payable to entities and the efficiency indicators and targets relevant to eligibility for payment.
(3)
A regulation may provide—
(a)
for fees payable under this Act and the matters for which they are payable; and
(b)
for a maximum penalty of 20 penalty units for a contravention of the regulation.
s 271
amd 2013 No. 6
s 47
Chapter 15
Transitional provisions for Act No. 31 of 2011
ch hdg sub 2013 No. 6
s 50 sch
Part 1
Transitional provisions relating to approvals under the Environmental Protection (Waste Management) Regulation 2000
272
Interpretation for pt 1
(1)
In this part—
commencement means the commencement of this part.
Environmental Protection Act means the
Environmental Protection Act 1994
as in force before the commencement.
existing approval means an existing general approval or an existing specific approval.
existing general approval means a general approval under the repealed provision in force immediately before the commencement.
existing specific approval means a specific approval under the repealed provision in force immediately before the commencement.
repealed provision means the
Environmental Protection (Waste Management) Regulation 2000
, part 6A, as in force before the commencement.
(2)
In this part, a reference to the Environmental Protection Act in relation to a right of review or appeal includes, if the context permits, a reference to the
Environmental Protection (Waste Management) Regulation 2000
, part 7, division 3, as in force before the commencement.
273
Matters relating to existing approvals
(1)
On the commencement an existing approval is taken to be an approval of the same type granted under chapter 8 of this Act.
(2)
Subject to this Act, the existing approval remains in force for the remaining period of the approval.
(3)
Subsection (4) applies in relation to any transfer, amendment, cancellation or suspension of an existing approval (the relevant action) the process for which has commenced but has not been finalised under the repealed provision immediately before the commencement.
(4)
The relevant action may continue under the repealed provision as if this Act had not been enacted and the result of the relevant action applies to an existing approval as an approval under chapter 8 of this Act.
(5)
However, the review and appeal rights relating to the relevant action under the Environmental Protection Act continue to apply as if this Act had not been enacted.
274
Applications for approvals made before the commencement
(1)
This section applies to an application for an approval made under the repealed provision, but not finally dealt with, before the commencement.
(2)
The application may continue to be dealt with under the repealed provision as if this Act had not been enacted.
(3)
If the approval is granted, it is taken to be an approval of the same type granted under chapter 8 of this Act.
(4)
The review and appeal rights relating to the application, or an approval granted on the application, under the Environmental Protection Act continue to apply as if this Act had not been enacted.
275
Reviews and appeals
(1)
A review or appeal under the Environmental Protection Act relating to a matter under the repealed provision that has started but not been finalised before the commencement may continue as if this Act had not been enacted.
(2)
A right of appeal under the Environmental Protection Act relating to a decision on a review mentioned in subsection (1) continues as if this Act had not been enacted.
(3)
If, immediately before the commencement, a person has a right of review or appeal under the Environmental Protection Act relating to a matter under the repealed provision, the right continues as if this Act had not been enacted.
(4)
On a review or appeal mentioned in this part the reviewer or court may make any order necessary or convenient to be made to assist the transition of an approval under the repealed provision as an approval under chapter 8 of this Act.
276
Offences
(1)
Proceedings for an offence against the repealed provision may be continued or started and the provisions of the Environmental Protection Act necessary or convenient to be used in relation to the proceedings continue to apply as if this Act had not been enacted.
(2)
For subsection (1), the
Acts Interpretation Act 1954
, section 20, applies, but does not limit the subsection.
Part 2
Discounted levy for residue waste disposal until 30 June 2014
277
Definition for pt 2
In this part—
residue waste means the waste from a recycling activity that is commonly disposed of to landfill after the recoverable components have been removed from material.
Example of residue waste—
In metal recycling, the residue waste is the mainly non-metal component that results from recycling products such as motor vehicles, whitegoods, televisions and computers that have reached the end of their useful life.
278
Application for discounting of waste levy amount
(1)
A person who conducts a recycling activity may make an application (a residue waste discounting application) asking the chief executive to approve a discounted rate for the waste levy to residue waste identified in the application.
(2)
The application must be—
(a)
in the approved form; and
(b)
supported by enough information to allow the chief executive to decide the application; and
(c)
accompanied by the fee prescribed under a regulation.
(3)
This section does not limit section 38
(4).
279
Chief executive may require additional information
(1)
The chief executive may, by notice given to the applicant within 10 business days after receiving the application, require the applicant under a residue waste discounting application to give the chief executive further reasonable information or documents about the application by a reasonable date stated in the notice.
(2)
The chief executive may refuse the application if the applicant does not give the chief executive the further information or documents by the stated date, or a later date agreed between the chief executive and the applicant, without reasonable excuse.
(3)
The applicant may, before the stated date, agree with the chief executive about extending the time for providing the further information.
280
Deciding application
(1)
The chief executive must decide either to grant or refuse the application within 10 business days after the later of the following days—
(a)
the day the chief executive receives the application;
(b)
if additional information is requested under section 279—the day the chief executive receives the information.
(2)
A failure to make a decision under this section is taken to be a decision by the chief executive to refuse the application.
(3)
In deciding whether to grant the application, the chief executive must consider the following—
(a)
the objects of this Act;
(b)
the information included in the application;
(c)
any criteria prescribed under a regulation (the residue waste discounted levy rate criteria).
(4)
The residue waste discounted levy rate criteria must include, for each type of residue waste, a residue waste efficiency threshold requirement to be met by the applicant.
281
Grant of application
(1)
If the chief executive grants the application, the chief executive must, within 5 business days, give the applicant notice of the grant stating the following—
(a)
the application has been granted;
(b)
the discounted rate of waste levy that is to apply to the residue waste the subject of the application, which must be the discounted rate prescribed under a regulation for the residue waste;
(c)
the period of the approval, which must not exceed 1 year and must not apply after 30 June 2014;
(d)
any conditions imposed on the approval.
(2)
Also, if the chief executive imposes any conditions on the approval, the notice must include or be accompanied by an information notice for the decision to impose the conditions.
(3)
However, subsection (2) does not apply to a condition that is the same, or substantially the same, as a condition agreed to or asked for by the applicant.
282
Refusal of application
If the chief executive decides to refuse the application, the chief executive must, within 5 business days, give the applicant an information notice for the decision.
283
Cancellation of grant
(1)
This section applies if the chief executive has granted a residue waste discounting application.
(2)
The chief executive may cancel the grant of the application if the chief executive considers there are reasonable grounds to cancel it.
(3)
Without limiting subsection (2), grounds may include—
(a)
that there is a reasonable suspicion that the application was granted because of a false or misleading representation or declaration; or
(b)
that the circumstances that were relevant to the granting of the application have changed; or
(c)
that the conditions included in the granting of the application have not been complied with; or
(d)
that it is desirable to cancel the grant having regard to the objects of this Act.
284
Procedure for cancelling grant of residue waste discounting application
(1)
This section applies if the chief executive proposes to cancel the grant of a residue waste discounting application.
(2)
The chief executive must give notice to the holder of the grant.
(3)
The notice must state the following—
(a)
that the chief executive proposes to cancel the grant of the application;
(b)
the grounds for the proposed cancellation;
(c)
the facts and circumstances that form the basis for the grounds;
(d)
when the proposed cancellation is intended to take effect;
(e)
that the holder may make, within a stated period, written submissions to show why the proposed cancellation should not be carried out.
(4)
The stated period must end at least 15 business days after the holder is given the notice.
(5)
The chief executive must consider any submissions made under subsection (3)
(e) within the stated period.
(6)
If the chief executive decides to cancel the grant of the application, the chief executive must, within 10 business days after making the decision, give the holder of the grant an information notice for the decision.
(7)
The decision takes effect when the information notice is given.
285
Automatic cancellation of grant
The grant of a residue waste discounting application is automatically cancelled if the business of conducting a recycling activity that was relevant to the application ceases to be in the grant holder’s ownership, including, for example, because the business is transferred into the ownership of another entity.
Part 3
Exemption from waste levy for residue waste until 30 June 2014
286
Definition for pt 3
In this part—
transition period means the period starting on 1 December 2011 and ending on 30 June 2014.
287
Application for approval of residue waste as exempt waste for transition period
(1)
An entity that conducts a recycling activity may, not later than 30 June 2012, make an application (a transition period exempt residue waste application) to the chief executive asking the chief executive to approve that residue waste identified in the application is exempt waste in the transition period.
(2)
A transition period exempt residue waste application must be an application for an approval having effect for a period ending not later than 30 June 2014.
(3)
The application must—
(a)
be in the approved form; and
(b)
state the name, location and activities of the applicant’s facilities that produce residue waste; and
(c)
state the amount and type of residue waste the subject of the application that is expected to be produced in the period for which the approval is to have effect; and
(d)
include information that shows the following—
(i)
conduct of a recycling activity by the applicant on or before 1 December 2011;
(ii)
that the applicant meets any residue waste efficiency threshold requirements under the residue waste discounted levy rate criteria;
(iii)
that payment of the waste levy on the residue waste, even at the discounted rate available under part 2, would cause the applicant financial hardship to an extent that would stop its business from operating;
(iv)
the applicant has put measures in place to progressively minimise the amount of its residue waste generation.
288
Chief executive may require additional information
(1)
The chief executive may, by notice, require the applicant to give the chief executive further reasonable information or documents about the application.
(2)
The chief executive may refuse the application if the applicant does not give the chief executive the further information or documents, without reasonable excuse.
289
Deciding application
(1)
The chief executive must decide either to grant or refuse the application within a time that is reasonable in the circumstances.
(2)
A failure to make a decision under this section is taken to be a decision by the chief executive to refuse the application.
(3)
In deciding whether to grant the application, the chief executive must consider the following—
(a)
the objects of this Act;
(b)
the information included in the application;
(c)
whether adequate measures have been put in place to progressively minimise the amount of the applicant’s residue waste generation.
(4)
Also, the chief executive may consult with any expert reference group or other entity the chief executive considers suitable to provide advice in relation to financial hardship.
(5)
In deciding to grant the application, the chief executive must be satisfied of the following—
(a)
conduct of a recycling activity by the applicant on or before 1 December 2011;
(b)
that the applicant meets any residue waste efficiency threshold requirements under the residue waste discounted levy rate criteria;
(c)
that payment of the waste levy on the residue waste, even at the discounted rate available under part 2, would cause the applicant financial hardship to an extent that would stop its business from operating.
290
Grant of application
(1)
If the chief executive grants the application, the chief executive must give the applicant notice of the grant stating the following—
(a)
the application has been granted;
(b)
the period, which must end on or before the end of the transition period, for which the residue waste identified in the application is approved to be exempt waste;
(c)
any conditions imposed on the approval including any limits on the types and amounts of residue waste that may be disposed of as exempt waste in the period mentioned in paragraph (b).
(2)
Also, if the chief executive imposes any conditions on the approval, the notice must include or be accompanied by an information notice for the decision to impose the conditions.
(3)
However, subsection (2) does not apply to a condition that is the same, or substantially the same, as a condition agreed to or asked for by the applicant.
291
Refusal of application
If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision.
292
Cancellation of grant
(1)
This section applies if the chief executive has granted a transition period exempt residue waste application.
(2)
The chief executive may cancel the grant of the application if the chief executive considers there are reasonable grounds to cancel it.
(3)
Without limiting subsection (2), grounds may include—
(a)
that there is a reasonable suspicion that the application was granted because of a false or misleading representation or declaration; or
(b)
that the circumstances that were relevant to the granting of the application have changed; or
(c)
that the limits or conditions included in the granting of the application have not been complied with; or
(d)
that it is desirable to cancel the grant having regard to the objects of the Act.
293
Procedure for cancelling grant of transition period exempt waste application
(1)
This section applies if the chief executive proposes to cancel the grant of a transition period exempt residue waste application.
(2)
The chief executive must give notice to the holder of the grant.
(3)
The notice must state the following—
(a)
that the chief executive proposes to cancel the grant of the application;
(b)
the grounds for the proposed cancellation;
(c)
the facts and circumstances that form the basis for the grounds;
(d)
when the proposed cancellation is intended to take effect;
(e)
that the holder may make, within a stated period, written submissions to show why the proposed cancellation should not be taken.
(4)
The stated period must end at least 15 business days after the holder is given the notice.
(5)
The chief executive must consider any submissions made under subsection (3)
(e) within the stated period.
(6)
If the chief executive decides to cancel the grant of the application, the chief executive must, within 10 business days after making the decision give the holder of the grant an information notice for the decision.
(7)
The decision takes effect when the information notice is given.
294
Automatic cancellation of grant
The grant of a transition period exempt residue waste application is automatically cancelled if the business of conducting a recycling activity that was relevant to the application ceases to be in the grant holder’s ownership, including, for example, because the business is transferred into the ownership of another entity.
Part 4
General provisions
295
Existing waste management strategy and business plan
(1)
The document in existence as a document of the department immediately before the commencement of this section and known as Queensland’s Waste Reduction and Recycling Strategy 2010–2020—
(a)
is taken to be the State’s first waste management strategy under this Act; and
(b)
has effect as if it had been made under this Act on the commencement of this section.
(2)
The document in existence as a document of the department immediately before the commencement of this section and known as the Business Plan for Queensland’s Waste Reduction and Recycling Strategy 2010–2020—
(a)
is taken to be the State’s first WMS business plan under this Act; and
(b)
has effect as if it had been made under this Act on the commencement of this section.
296
Volumetric survey of levyable waste disposal site before waste levy commencement
(1)
The operator of a levyable waste disposal site located within the waste levy zone must, in compliance with the requirements stated in this section—
(a)
within the period of 14 days immediately preceding 1 December 2011, ensure that a volumetric survey is carried out for—
(i)
each active landfill cell at the site; and
(ii)
all stockpiled waste at the site; and
(b)
before the end December 2011, give the chief executive a copy of the results of the survey in the approved form.
Maximum penalty—200 penalty units.
(2)
The volumetric survey must be performed in compliance with the requirements prescribed under a regulation.
(3)
The results of the volumetric survey must—
(a)
be in electronic form; and
(b)
include a topographical plan complying with specifications advised by the chief executive; and
(c)
include advice of the following—
(i)
the area of the levyable waste disposal site;
(ii)
the site’s landfill capacity;
(iii)
the stockpiles of waste on the site; and
(d)
be certified as accurate by a surveyor under the
Surveyors Act 2003
.
(4)
The operator of the levyable waste disposal site must ensure that a copy of the results of the volumetric survey is kept as a document in hard copy form at the levyable waste disposal site for 5 years after the survey is performed.
Maximum penalty—200 penalty units.
(5)
Subsections (6) and (7) apply if the operator of a levyable waste disposal site fails to comply with subsection (1).
(6)
The chief executive may arrange for the volumetric survey to be carried out at the site and for that purpose may direct an authorised person to enter the site and carry out the survey.
(7)
The chief executive may recover the cost of the survey from the operator as a debt payable by the operator to the State.
297
Volumetric survey of resource recovery area before waste levy commencement
(1)
The entity having responsibility for the operation of a resource recovery area must, in compliance with the requirements stated in this section—
(a)
within the period of 14 days immediately preceding 1 December 2011, ensure that a volumetric survey is carried out for all stockpiled waste on the area; and
(b)
before the end December 2011, give the chief executive a copy of the results of the survey in the approved form.
Maximum penalty—200 penalty units.
(2)
The volumetric survey must be performed in compliance with the requirements prescribed under a regulation.
(3)
The results of the volumetric survey must—
(a)
be in electronic form; and
(b)
include a topographical plan complying with specifications advised by the chief executive; and
(c)
include advice of the following—
(i)
the area of the resource recovery area;
(ii)
the stockpiles of waste on the area; and
(d)
be certified as accurate by a surveyor under the
Surveyors Act 2003
.
(4)
The entity having responsibility for a resource recovery area must ensure that a copy of the results of the volumetric survey is kept as a document in hard copy form at the levyable waste disposal site whose operator declared the resource recovery area for 5 years after the survey is performed.
Maximum penalty—200 penalty units.
(5)
Subsections (6) and (7) apply if the entity having responsibility for a resource recovery area fails to comply with subsection (1).
(6)
The chief executive may arrange for the volumetric survey to be carried out at the resource recovery area and for that purpose may direct an authorised person to enter the resource recovery area and carry out the survey.
(7)
The chief executive may recover the cost of the survey from the entity as a debt payable by the entity to the State.
298
Temporary relaxation from s 45
(2) requirements for small site
Until 30 June 2014, the operator of a small site is not required to comply with the requirement of section 45
(2) to measure and record waste in compliance with the weight measurement criteria prescribed under a regulation if all of the following apply—
(a)
the operator has, before 1 December 2011, notified the chief executive of a proposed alternative methodology for measuring and recording waste at the site;
(b)
the notification to the chief executive identifies the small site and includes details of the proposed alternative methodology;
(c)
the proposed alternative methodology enables the operator to fairly calculate the total waste levy amount owing to the chief executive on waste delivered, or moved from stockpile to landfill, at the site;
(d)
the operator is implementing the alternative methodology in accordance with its terms.
299
Offences against repealed littering provisions
(1)
Proceedings for an offence against any of the repealed littering provisions may be continued or started, and the provisions of the Environmental Protection Act and the
State Penalties Enforcement Act 1999
necessary or convenient to be used in relation to the proceedings continue to apply, as if this Act had not been enacted.
(2)
For subsection (1), the
Acts Interpretation Act 1954
, section 20, applies, but does not limit the subsection.
300
Existing strategic plans under repealed waste management policy
(1)
For 1 year after the commencement of this section, part 7, division 1 of the repealed waste management policy, and any waste management strategic plan in force for a local government area under the repealed policy, continues to have effect as if this Act had not been enacted.
(2)
Subsection (1) has effect in a local government area other than in relation to any aspect of waste management in the local government area that is the subject of a waste reduction and recycling plan that comes into force under this Act.
(3)
For 1 year after the commencement of this section, part 7, division 2 of the repealed waste management policy, and any strategic plan for managing a department’s waste in force for a department under the repealed policy, continues to have effect as if this Act had not been enacted.
(4)
Subsection (3) has effect for a department other than in relation to any aspect of waste management for the department that is the subject of a waste reduction and recycling plan that comes into force under this Act.
301
Clinical and related waste management plan
(1)
This section applies if—
(a)
immediately before the commencement of this section, there was in force for an entity a clinical and related waste management plan (the clinical plan) under the
Environmental Protection (Waste Management) Regulation 2000
, part 5, division 1; and
(b)
the entity is a planning entity under this Act.
(2)
Unless the entity sooner adopts a waste reduction and recycling plan under this Act, the clinical plan has effect as a waste reduction and recycling plan for the entity as if it had been adopted by the entity in compliance with this Act.
Chapter 15A
Validation and transitional provisions for Waste Reduction and Recycling and Other Legislation Amendment Act 2013
ch hdg ins 2013 No. 6
s 48
Part 1
Preliminary
pt 1 (s 301A) ins 2013 No. 6
s 48
301A
Definitions for ch 15A
In this chapter—
commencement means the commencement of this section.
levyable waste disposal site means a levyable waste disposal site under the unamended Act, section 27.
resource recovery area means a resource recovery area under the unamended Act, section 61.
unamended Act means this Act as in force before the commencement.
Waste and Environment Fund means the Waste and Environment Fund under the unamended Act, schedule.
waste levy means the waste levy under the unamended Act, section 37.
waste levy amount means a waste levy amount under the unamended Act, section 26.
pt 1 (s 301A) ins 2013 No. 6
s 48
Part 2
Validation provision
pt 2 (s 301B) ins 2013 No. 6
s 48
301B
Validation of repeal of waste levy on 1 July 2012
(1)
It is declared that the amendments made by the
Waste Reduction and Recycling Amendment Regulation (No. 1) 2012
to repeal the waste levy on 1 July 2012 are taken to be, and to always been, as valid as they would have been if the amendments had been made by this Act.
(2)
Despite anything else in this Act or any regulation made under this Act, for the period starting on 1 July 2012 and ending on the commencement of this section, no waste levy is or was payable by the operator of a levyable waste disposal site in relation to any type of waste.
pt 2 (s 301B) ins 2013 No. 6
s 48
Part 3
Transitional provisions
pt 3 (ss 301C–301J) ins 2013 No. 6
s 48
301C
Operator of levyable waste disposal site to keep documents
Section 53, as in force immediately before the commencement, continues to apply, after the commencement, to a person who was an operator of a levyable waste disposal site before the commencement in relation to the keeping of documents mentioned in the section.
pt 3 (ss 301C–301J) ins 2013 No. 6
s 48
301D
Estimation of waste levy amount payable
(1)
The chief executive may take action or continue to take action under section 60, as in force immediately before the commencement—
(a)
if the circumstances mentioned in section 60
(1) in relation to the payment of the waste levy and the calculation of the waste levy amount payable by the operator of a levyable waste disposal site for a particular period apply; and
(b)
despite the repeal of section 60.
(2)
Subsection (1) applies until 1 July 2018.
pt 3 (ss 301C–301J) ins 2013 No. 6
s 48
301E
Keeping of particular documents in relation to resource recovery areas
Despite the repeal of section 65, an entity having responsibility for the operation of a resource recovery area before the commencement must keep the following documents relating to the area for at least 5 years after the happening of the event recorded—
(a)
any document that records waste delivered to the area, including its measurements;
(b)
any document that records waste removed from the area, including its destination and its measurements;
(c)
any document that records any other event for the area as prescribed under a regulation.
Maximum penalty—300 penalty units.
pt 3 (ss 301C–301J) ins 2013 No. 6
s 48
301F
Keeping of results of volumetric survey for resource recovery area
Despite the repeal of section 66, the entity having responsibility for a resource recovery area before the commencement must ensure that a copy of the results of any volumetric survey performed under that section for the area is kept as a document in hard copy or electronic form, at the site whose operator made the declaration of the area as a resource recovery area, for 5 years after the survey is performed.
Maximum penalty—200 penalty units.
pt 3 (ss 301C–301J) ins 2013 No. 6
s 48
301G
Waste levy amounts and the Waste and Environment Fund
(1)
Any transactions in relation to waste levy amounts that, before the commencement, would have been managed through the Waste and Environment Fund are to be managed after the commencement through the departmental accounts of the department.
(2)
In this section—
departmental accounts, of the department, means the accounts of the department under the
Financial Accountability Act 2009
, section 69.
pt 3 (ss 301C–301J) ins 2013 No. 6
s 48
301H
Discounted levy and waste levy exemption
Chapter 15, parts 2 and 3 are taken to have had effect only until 30 June 2012.
pt 3 (ss 301C–301J) ins 2013 No. 6
s 48
301I
Existing strategic plans under repealed waste management policy
(1)
This section applies despite section 300.
(2)
Section 300
(1) and (2) continues in effect until a waste reduction and recycling plan under section 123 is adopted by the local government.
(3)
Section 300
(3) and (4) continues in effect until a waste reduction and recycling plan under section 133 is adopted by the chief executive officer of a State entity.
pt 3 (ss 301C–301J) ins 2013 No. 6
s 48
301J
Clinical and related waste management plans
Despite section 301
(2), the planning entity to which section 301 applies must, by the day prescribed under a regulation, have a new waste reduction and recycling plan that complies with chapter 6.
pt 3 (ss 301C–301J) ins 2013 No. 6
s 48
Chapter 16
Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2014
ch hdg sub 2014 No. 59 s 170
ch 16 pt 1 hdg om 2014 No. 59 s 170
302
Definitions for ch 16
In this chapter—
amending Act means the
Environmental Protection and Other Legislation Amendment Act 2014
.
former Act means this Act as in force immediately before the commencement.
general approval means a general approval under the former Act.
specific approval means a specific approval under the former Act.
s 302 sub 2014 No. 59 s 170
303
Existing general approvals
(1)
This section applies to a general approval that was in force immediately before the commencement.
(2)
The general approval continues in force for its term provided for under the former Act.
(3)
Despite the replacement of chapter 8 under the amending Act, the following provisions as in force under the former Act continue to apply for the general approval—
(a)
chapter 8, part 5;
(b)
chapter 8, part 6, division 2 to the extent it provides for the cancellation or suspension of an approval;
(c)
chapters 9, 10, 11 and 14 to the extent they relate to a general approval.
(4)
Subsection (5) applies if—
(a)
an end of waste code is made; and
(b)
the end of waste code relates to a particular waste or resource to which the general approval relates.
(5)
The general approval ends on the later of the following days—
(a)
the day before the end of waste code takes effect;
(b)
a later day fixed by the chief executive for that purpose by notice published on the department’s website.
(6)
A person who is registered under a general approval that ends is taken to be a registered resource producer from the day on which the approval ends.
(7)
Section 158 does not apply to a person who was carrying out an activity in accordance with a general approval that ends until 1 year after the general approval ends.
(8)
However, subsection (3) continues to apply as if the general approval has not ended under subsection (5).
s 303 ins 2014 No. 59 s 170
304
Existing specific approvals
(1)
This section applies if, immediately before the commencement, a person was the holder of a specific approval under the former Act.
(2)
Despite the replacement of chapter 8 under the amending Act, chapter 8, part 5 of the former Act continues to apply to the specific approval.
(3)
From the commencement, the specific approval is taken to be an end of waste approval for the particular resource or waste to which the specific approval relates.
s 304 ins 2014 No. 59 s 170
305
Existing applications
(1)
This section applies to any of the following applications made under the former Act but not decided before the commencement—
(a)
an application for a general approval or specific approval;
(b)
an application for an amendment or transfer of a general approval or specific approval.
(2)
On the commencement, the application lapses.
s 305 ins 2014 No. 59 s 170
306
Existing show cause procedure
(1)
This section applies if, before the commencement—
(a)
the chief executive gave a person operating under a general approval, or the holder of a specific approval, a show cause notice under the former Act, section 246; and
(b)
the chief executive had not decided whether or not to give the person a compliance notice.
(2)
The chief executive must decide under the former Act whether or not to give the person a compliance notice.
s 306 ins 2014 No. 59 s 170
Schedule
Dictionary
section 7
accredited product stewardship scheme see section 87
(2).
active landfill cell ...
def active landfill cell om 2013 No. 6 s 49(1)
advertising material see section 105.
amend, an end of waste approval, for chapter 8, see section 156.
def amend sub 2014 No. 59 s 171(1)–(2)
amendment application, for chapter 8, part 3, division 2, see section 173S(1)(a).
def amendment application ins 2014 No. 59 s 171(2)
appropriately qualified—
1
Appropriately qualified, for an entity to whom a power under this Act may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power.
Example of standing—
a person’s classification level in the public service
2
If the power may be subdelegated by a local government, the following are appropriately qualified entities for the subdelegation—
(a)
the local government’s mayor;
(b)
a standing committee or a chairperson of a standing committee of the local government;
(c)
the local government’s chief executive officer;
(d)
an employee of the local government, having the qualifications, experience or standing appropriate to exercise the power.
Example of standing for paragraph (d)—
the employee’s classification level in the local government
approval ...
def approval om 2014 No. 59 s 171(1)
approved form means a form approved by the chief executive under section 270.
approved program see section 86.
authorised person means a person holding office as an authorised person under an appointment under section 183.
best practice environmental management ...
def best practice environmental management om 2014 No. 59 s 171(1)
biosecurity related Act ...
def biosecurity related Act om 2013 No. 6 s 49(1)
biosecurity waste ...
def biosecurity waste om 2013 No. 6 s 49(1)
business days does not include a business day that occurs during the period starting on 20 December in a year and ending on 5 January in the following year.
def business days ins 2014 No. 59 s 171(2)
charitable recycling entity ...
def charitable recycling entity om 2013 No. 6 s 49(1)
chief executive officer, of a State entity, see section 132.
clean earth ...
def clean earth om 2013 No. 6 s 49(1)
clean earthen material means—
(a)
either of the following, if pulverised so that no piece has any dimension of more than 100mm—
(i)
bricks, pavers or ceramics;
(ii)
concrete that does not have any steel reinforcing rods embedded in it; or
(b)
clean earth.
commencement, for chapter 15, part 1, see section 272.
commercial and industrial waste means waste that is prescribed under a regulation as commercial and industrial waste.
compliance notice, for chapter 11, see section 248
(1).
contaminated soil ...
def contaminated soil om 2013 No. 6 s 49(1)
controlled waste NEPM means the National Environment Protection (Movement of Controlled Waste between States and Territories) Measure, made by the National Environment Protection Council under the
National Environment Protection Council Act 1994 (Cwlth).
conviction includes a finding of guilt or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.
deliver to includes deposit at.
deposit, waste, at a place, means—
(a)
throw, drop or otherwise put the waste at, in or on the place; or
(b)
leave the waste at, in or on the place; or
(c)
deal with the waste in a way that causes or allows it to fall, blow, wash or otherwise escape onto the place; or
Examples for paragraph (c)—
A person transports waste in a trailer on a road in a way that causes the waste to be blown out of the trailer and onto the road, or leaves waste on private land where it is then washed by rain onto a road.
(d)
dispose of the waste to landfill at the place.
disaster ...
def disaster om 2013 No. 6 s 49(1)
disaster management waste ...
def disaster management waste om 2013 No. 6 s 49(1)
disaster situation ...
def disaster situation om 2013 No. 6 s 49(1)
disposal, in relation to waste, see section 8.
disposal ban waste see section 100
(4).
disposal order, for chapter 10, see section 231
(2).
disqualifying event ...
def disqualifying event om 2014 No. 59 s 171(1)
document, required to be kept under this Act, includes any record or return required to be kept under this Act.
document certification requirement, for chapter 10, see section 234
(6).
document production requirement, for chapter 10, see section 234
(2).
domestic premises means either—
(a)
a single unit private dwelling; or
(b)
premises containing 2 or more separate flats, apartments or other dwelling units.
dredge spoil ...
def dredge spoil om 2013 No. 6 s 49(1)
electronic document, for chapter 10, see section 181.
end of waste approval, for chapter 8, see section 159.
def end of waste approval ins 2014 No. 59 s 171(2)
end of waste code, for chapter 8, see section 159.
def end of waste code ins 2014 No. 59 s 171(2)
environmental authority means an environmental authority under the Environmental Protection Act.
def environmental authority ins 2012 No. 16 s 78 sch
environmentally significant characteristic means a characteristic mentioned in the controlled waste NEPM, schedule A, list 2.
environmental nuisance ...
def environmental nuisance om 2014 No. 59 s 171(1)
Environmental Protection Act means—
(a)
for chapter 15, part 1—see section 272; or
(b)
otherwise—the
Environmental Protection Act 1994
.
executive officer, of a corporation, means—
(a)
if the corporation is the Commonwealth or a State—a chief executive of a department of government or a person who is concerned with, or takes part in, the management of a department of government, whatever the person’s position is called; or
(b)
if paragraph (a) does not apply—a person who is—
(i)
a member of the governing body of the corporation; or
(ii)
concerned with, or takes part in, the corporation’s management;
whatever the person’s position is called and whether or not the person is a director of the corporation.
exempt waste ...
def exempt waste om 2013 No. 6 s 49(1)
exempt waste application ...
def exempt waste application om 2013 No. 6 s 49(1)
existing approval, for chapter 15, part 1, see section 272.
existing general approval, for chapter 15, part 1, see section 272.
existing specific approval, for chapter 15, part 1, see section 272.
external review, for a decision, means a review of the decision by QCAT under the QCAT Act.
final review report see section 22
(1).
forfeiture order, for chapter 10, see section 227
(1).
former owner, for chapter 10, see section 226
(1).
GCM see the
Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010
, schedule 8.
def GCM ins 2013 No. 6 s 49(2)
general approval ...
def general approval om 2014 No. 59 s 171(1)
general littering provision means section 103.
general power, for chapter 10, see section 211
(1).
goods means goods that are intended to be used, or are of a kind likely to be used, for personal, domestic or household use or consumption.
green waste ...
def green waste om 2013 No. 6 s 49(1)
GVM see the
Transport Operations (Road Use Management) Act 1995
, schedule 4.
def GVM ins 2013 No. 6 s 49(2)
hazardous contaminant see section 26.
help requirement, for chapter 10, see section 212
(1).
holder ...
def holder om 2014 No. 59 s 171(1)
identity card, for chapter 10, see section 181.
illegal dumping of waste provision means section 104.
impact, in relation to a product, means the product’s impact, from the perspective of waste and resource management, throughout the life cycle of the product.
information notice, for a decision, means a notice stating—
(a)
the decision; and
(b)
the reasons for the decision; and
(c)
the review details.
information requirement, for chapter 10, see section 237
(3).
infringement notice see the
State Penalties Enforcement Act 1999
, schedule 2.
internal review application, for chapter 9, see section 175.
internal review decision, for chapter 9, see section 178
(1)
(b).
land includes—
(a)
the airspace above land; and
(b)
land that is, or is at any time, covered by waters; and
(c)
waters.
lawfully managed and transported asbestos ...
def lawfully managed and transported asbestos om 2013 No. 6 s 49(1)
levyable waste ...
def levyable waste om 2013 No. 6 s 49(1)
levyable waste disposal site ...
def levyable waste disposal site om 2013 No. 6 s 49(1)
levy period ...
def levy period om 2013 No. 6 s 49(1)
material environmental harm, for chapter 8, see section 156.
def material environmental harm amd 2014 No. 59 s 171(3)
motor vehicle see the
Transport Operations (Road Use Management) Act 1995
, schedule 4.
municipal solid waste ...
def municipal solid waste om 2013 No. 6 s 49(1)
newspaper means a paper or pamphlet that—
(a)
contains—
(i)
public news, information or occurrences; or
(ii)
remarks or observations on public news, information or occurrences; and
(b)
is printed for sale or distribution; and
(c)
is published periodically or in parts or numbers at intervals of not more than 31 days between the publication of any 2 of the papers, pamphlets, parts or numbers;
but does not include a paper or pamphlet that contains only material that is totally commercial in nature.
def newspaper ins 2011 No. 40 s 7F
notice means a written notice.
occupier, of a place, includes a person who exercises or may exercise lawful authority or control in relation to the place, and includes a person apparently in charge of the place.
offence warning, for chapter 10, see section 181.
operator, of a waste facility, means the person who controls, and effectively has responsibility for, the operation of the waste facility, including, for example, according to the circumstances, any of the following—
(a)
the State;
(b)
a local government;
(c)
a public authority;
(d)
a corporation;
(e)
an individual.
original decision, for chapter 9, see section 178
(1)
(a).
owner, for chapter 10, see section 181.
packaging NEPM means the National Environment Protection (Used Packaging Materials) Measure, made by the National Environment Protection Council under the
National Environment Protection Council Act 1994 (Cwlth).
participant, in a product stewardship scheme, means a person who has agreed to participate in the scheme.
passenger declaration, for a vehicle littering or illegal dumping offence, means a statutory declaration, made by a prescribed person for the offence, stating—
(a)
that the person was not the person who deposited the waste; and
(b)
the name and address of the person who deposited the waste.
personal details requirement, for chapter 10, see section 232
(5).
person in control, for chapter 10, see section 181.
place includes premises and a place, including a public place, on land.
Note—
This Act adopts a definition of land that includes waters.
planning entity see section 139.
polluter pays principle see section 10
(1).
premises includes a building and the land on which the building is situated, and also includes any of the following—
(a)
vacant land;
(b)
a vacant house;
(c)
a building that is for sale or rent and that is clearly signed as being for sale or rent;
(d)
a dwelling house or other building under construction.
prescribed person, for a vehicle littering or illegal dumping offence, means—
(a)
the person in whose name the vehicle associated with the commission of the offence is registered under a registration Act; or
(b)
a person named in a known user declaration or a sold vehicle declaration under the
State Penalties Enforcement Act 1999
in relation to the offence.
prescribed provision, for chapter 11, see section 245.
priority product means a product stated to be a priority product under the priority product statement as currently in force.
priority product statement ...
def priority product statement om 2014 No. 59 s 164(1)
priority statement means the document approved and gazetted as the priority statement under chapter 4, part 2.
def priority statement ins 2014 No. 59 s 164(2)
priority waste means a category of waste stated to be a priority waste under the priority statement as currently in force.
def priority waste ins 2014 No. 59 s 164(2)
produce includes manufacture or otherwise provide.
producer, for chapter 4, see section 74A.
def producer sub 2014 No. 59 s 164
product—
(a)
means a product that has reached the end of its useful life; and
(b)
includes a product that has not been used and any packaging for the product.
def product sub 2014 No. 59 s 164
product stewardship principle see section 13.
product stewardship scheme see section 83.
progressive capping see section 26.
proximity principle see section 12.
public place means—
(a)
a place, or part of the place—
(i)
the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or
Examples of a place that may be a public place under subparagraph (i)—
a beach, a park, a road
(ii)
the occupier of which allows, whether or not on payment of money, members of the public to enter; or
Examples of a place that may be a public place under subparagraph (ii)—
a saleyard, a showground
(b)
a place that is a public place under another Act.
reasonably believes means believes on grounds that are reasonable in the circumstances.
reasonably suspects means suspects on grounds that are reasonable in the circumstances.
recipient, for chapter 12, see section 253
(1).
recycling activity means any of the following activities, if lawfully performed—
(a)
metal recovery using a shredding or fragment process;
(b)
glass recovery using optical equipment capable of separating glass of a higher quality from glass of a lower quality;
Note—
The activity mentioned in paragraph (b) is commonly known as ‘glass beneficiation’.
(c)
timber recovery, if all or part of the material is painted or treated with chemical preservatives;
(d)
concrete recycling in which concrete is processed to produce product to a particular specification;
(e)
tyre recycling;
(f)
plastics recycling using an extrusion process;
(g)
battery recycling;
(h)
the activity known as e-waste recycling, including the recycling of televisions and computers, together with printers and other computer peripherals;
(i)
an activity carried on at a plant specialising in—
(i)
sorting and preparing recyclable waste for marketing to users; or
(ii)
the mechanical or biological treatment of waste;
(j)
another activity prescribed under a regulation as a recycling activity.
Example of plant—
a plant commonly known as a material recovery facility
Example of activity—
an activity commonly known as an alternative waste technology
registered operator, of a vehicle that is a motor vehicle, means the registered operator of the vehicle under the
Transport Operations (Road Use Management) Act 1995
.
registered resource producer, for an end of waste code, for chapter 8, see section 156.
def registered resource producer ins 2014 No. 59 s 171(2)
registration Act see the
State Penalties Enforcement Act 1999
, schedule 2.
registration certificate ...
def registration certificate om 2012 No. 16 s 78 sch
regulated product stewardship scheme see section 85.
regulated waste means waste that is prescribed under a regulation as regulated waste.
relevant waste, for a planning entity, see section 139.
repealed littering provisions means the following repealed provisions of the Environmental Protection Act—
(a)
chapter 8, part 3A;
(b)
section 474A.
repealed provision, for chapter 15, part 1, see section 272.
repealed waste management policy means the repealed
Environmental Protection (Waste Management) Policy 2000
.
reporting entity see section 150.
reporting period, for a waste data return, see section 52
(2).
def reporting period ins 2013 No. 6 s 49(2)
residue waste ...
def residue waste om 2013 No. 6 s 49(1)
residue waste discounted levy rate criteria ...
def residue waste discounted levy rate criteria om 2013 No. 6 s 49(1)
residue waste discounting application ...
def residue waste discounting application om 2013 No. 6 s 49(1)
resource, for chapter 8, see section 155.
def resource sub 2014 No. 59 s 171(1)–(2)
resource recovery area ...
def resource recovery area om 2013 No. 6 s 49(1)
resource recovery deduction ...
def resource recovery deduction om 2013 No. 6 s 49(1)
review details, for an information notice for a decision, means a statement in the information notice as follows—
(a)
that the person given the notice may apply for a review of the decision to which the notice relates under chapter 9, part 1;
(b)
about the period or time allowed for making the application for a review;
(c)
about how to apply for a review.
road means—
(a)
an area of land dedicated to public use as a road; or
(b)
an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; or
(c)
a bridge, culvert, ferry, ford, tunnel or viaduct; or
(d)
a pedestrian or bicycle path; or
(e)
a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or path mentioned in any of paragraphs (a) to (d).
scheme invitation see section 78
(1).
scheme manager, for a product stewardship scheme, means the entity identified in the scheme as the scheme manager for the scheme.
sector of planning entities see section 139
(2).
sector of reporting entities see section 150
(2).
sector waste, for a sector of planning entities, see section 139
(9).
secure delivery provision means section 108.
serious environmental harm, for chapter 8, see section 156.
def serious environmental harm amd 2014 No. 59 s 171(3)
show cause notice, for chapter 11, see section 246
(2).
small site ...
def small site om 2013 No. 6 s 49(1)
amd 2012 No. 16 s 78 sch (amdt could not be given effect)
specific approval ...
def specific approval om 2014 No. 59 s 171(1)
state entity see section 132.
stockpiled waste ...
def stockpiled waste om 2013 No. 6 s 49(1)
technical advisory panel, for chapter 8, part 2, see section 173G.
def technical advisory panel ins 2014 No. 59 s 171(2)
transfer application, for chapter 8, part 3, division 2, see section 173S(1)(b).
def transfer application ins 2014 No. 59 s 171(2)
transition period ...
def transition period om 2013 No. 6 s 49(1)
transition period exempt residue waste application ...
def transition period exempt residue waste application om 2013 No. 6 s 49(1)
unlawful delivery provision means section 107.
unsolicited advertising material, for premises, see section 106.
untreated timber means timber that has not been painted or treated with chemical preservatives to protect it against damage from insects, fungus, rot or the weather or other infestations or damage.
user pays principle see section 11
(1).
vehicle—
(a)
means a vehicle under the
Transport Operations (Road Use Management) Act 1995
; and
(b)
includes a vessel under that Act.
vehicle littering or illegal dumping offence see section 113
(2).
vehicle littering or illegal dumping report see section 118
(1).
voluntary product stewardship scheme see section 84.
waste see the Environmental Protection Act, section 13.
Waste and Environment Fund means the Waste and Environment Fund established under chapter 3.
waste and resource management hierarchy see section 9.
waste and resource management principles see section 4
(2)
(b).
waste audit, for chapter 12, see section 253
(1).
waste data return see section 52
(2).
def waste data return sub 2013 No. 6 s 49
waste disposal site see section 8A.
def waste disposal site ins 2013 No. 6 s 49(2)
waste facility—
1
A waste facility is a facility for the recycling, reprocessing, treatment, storage, incineration, conversion to energy, sorting, consolidation or disposal (including by disposal to landfill) of waste.
2
However, a waste facility does not include a facility that is lawfully operated for the sole purpose of disposing of waste generated by an environmentally relevant activity carried out under the Environmental Protection Act (the relevant activity), if—
(a)
the waste is generated only by, and its generation is ancillary to, the operation of the relevant activity; and
(b)
the relevant activity is not a waste management ERA; and
(c)
the facility is operated by, for, or in direct association with, the entity carrying out the relevant activity.
waste levy ...
def waste levy om 2013 No. 6 s 49(1)
waste levy amount ...
def waste levy amount om 2013 No. 6 s 49(1)
waste levy instalment agreement ...
def waste levy instalment agreement om 2013 No. 6 s 49(1)
waste levy zone ...
def waste levy zone om 2013 No. 6 s 49(1)
waste management ERA means any of the following activities to the extent the activity is prescribed under the Environmental Protection Act as an environmentally relevant activity—
(a)
metal recovery;
(b)
crushing, milling, grinding or screening of materials;
(c)
battery recycling;
(d)
composting and soil conditioner manufacturing;
(e)
drum and container reconditioning;
(f)
regulated waste recycling or reprocessing;
(g)
regulated waste storage;
(h)
regulated waste transport;
(i)
regulated waste treatment;
(j)
tyre recycling;
(k)
waste disposal;
(l)
waste incineration and thermal treatment;
(m)
operation of a waste transfer station.
waste management strategy, for the State, means the State’s waste management strategy under this Act.
waste reduction and recycling plan see section 120.
waste reduction and recycling plan obligation—
(a)
for a local government, means the local government’s obligation under section 123; and
(b)
for a planning entity, means the planning entity’s obligation under section 141; and
(c)
for a State entity, means the State entity’s obligation under section 133.
waste report, for chapter 12, see section 253
(1).
weighbridge requirement provision means section 43.
WMS business plan ...
def WMS business plan om 2013 No. 6 s 49(1)