{"id":"wa-local:busselton-city-of-city-of-busselton-waste-local-law-2016","name":"City of Busselton Waste Local Law 2016","slug":"city-of-busselton-waste-local-law-2016","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437296,"registerId":"wa-local:busselton-city-of-city-of-busselton-waste-local-law-2016-pdf-1775954202303","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"City of Busselton Waste Local Law 2016","content":"!2017001GG!\n1\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, TUESDAY, 3 JANUARY 2017 No. 1 SPECIAL\nPUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 12.00 NOON\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nWASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007\nLOCAL GOVERNMENT ACT 1995\n————\nCITY OF BUSSELTON\n———————————\nWASTE LOCAL LAW 2016\n\n\n\n3 January 2017 GOVERNMENT GAZETTE, WA 3\nWASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007\nLOCAL GOVERNMENT ACT 1995\nCITY OF BUSSELTON\nWASTE LOCAL LAW 2016\nCONTENTS\nPART 1—PRELIMINARY\n1.1 Short title\n1.2 Commencement\n1.3 Application\n1.4 Repeal\n1.5 Meaning of terms used in this local law\n1.6 Local public notice of determinations\n1.7 Rates, fees and charges\n1.8 Power to provide waste services\nPART 2—LOCAL GOVERNMENT WASTE\n2.1 Local government may supply receptacles\n2.2 Deposit of waste in receptacles\n2.3 General waste receptacles\n2.4 Recycling waste receptacles\n2.5 Organic waste receptacles\n2.6 Direction to place or remove a receptacle\n2.7 Duties of owner or occupier\n2.8 Exemption\n2.9 Damaging or removing receptacles\n2.10 Verge collections\nPART 3—GENERAL DUTIES\n3.1 Duties of an owner or occupier\n3.2 Removal of waste from premises\n3.3 Waste containers for public use\nPART 4—OPERATION OF WASTE FACILITIES\n4.1 Operation of this Part\n4.2 Hours of operation\n4.3 Signs and directions\n4.4 Fees and charges\n4.5 Depositing waste\n4.6 Prohibited activities\nPART 5—ENFORCEMENT\n5.1 Offences and general penalty\n5.2 Other costs and expenses\n5.3 Prescribed offences\n5.4 Form of notices\nSCHEDULE 1—MEANING OF ‘NON-COLLECTABLE WASTE’\nSCHEDULE 2—PRESCRIBED OFFENCES\n\n\n\n3 January 2017 GOVERNMENT GAZETTE, WA 5\nWASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007\nLOCAL GOVERNMENT ACT 1995\nCITY OF BUSSELTON\nWASTE LOCAL LAW 2016\nUnder the powers conferred on it by the Waste Avoidance and Resource Recovery Act 2007 and the\nLocal Government Act 1995 and under all other enabling powers, the Council of the City of Busselton\nresolved on 14 December 2016 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Short title\nThis is the City of Busselton Waste Local Law 2016.\n1.2 Commencement\nThis local law commences 14 days after the day on which it is published in the Government Gazette.\n1.3 Application\nThis local law applies throughout the district.\n1.4 Repeal\nClauses 35-43, 45-51 and 52-55 (all inclusive) of the Shire of Busselton Health Local Laws 1997,\npublished in the Government Gazette on 21 September 1998, are repealed.\n1.5 Meaning of terms used in this local law\n(1) In this local law—\nauthorised person means a person appointed by the local government under section 9.10 of the\nLG Act to perform any of the functions of an authorised person under this local law;\ncollectable waste means local government waste that is not—\n(a) liquid refuse;\n(b) liquid waste; or\n(c) non-collectable waste;\ncollectable waste receptacle means a receptacle for the deposit and collection of collectable\nwaste that is—\n(a) a recycling waste receptacle;\n(b) a general waste receptacle; or\n(c) an organic waste receptacle;\ncollection, when used in relation to a receptacle, means the collection and removal of collectable\nwaste from the receptacle by the local government or its contractor in the collection area;\ncollection day means the day determined by the local government for the collection;\ncollection time means the time on the collection day determined by the local government for the\ncollection;\ncommencement date means the date on which this local law commences operation under\nclause 1.2;\ncosts of the local government include administrative costs;\nCouncil means the council of the local government;\ndistrict means the district of the local government;\ngeneral waste receptacle means a receptacle for the deposit and collection of collectable waste\nthat is not recycling waste;\nLG Act means the Local Government Act 1995;\nLG Regulations means the Local Government (Functions and General) Regulations 1996;\n\n6 GOVERNMENT GAZETTE, WA 3 January 2017\nlocal government means the City of Busselton;\nlocal government waste has the same meaning as in the WARR Act;\nnon-collectable waste has the meaning set out in Schedule 1;\noccupier in relation to premises, means any or all of the following—\n(a) a person by whom or on whose behalf the premises are actually occupied; or\n(b) a person having the management or control of the premises;\norganic waste means waste that decomposes readily, such as garden waste or food waste;\norganic waste receptacle means a receptacle for the deposit and collection of organic waste;\nowner has the same meaning as in the LG Act;\npublic place includes a place to which the public ordinarily have access, whether or not by\npayment of a fee;\nreceptacle, means a receptacle—\n(a) that has been supplied for the use of the premises by the local government or its\ncontractor, or which has otherwise been approved by the local government; and\n(b) the waste from which is collected and removed from the premises by the local\ngovernment or its contractor;\nrecycling waste receptacle means a receptacle for the deposit and collection of recycling waste;\nrecycling waste means—\n(a) paper and cardboard;\n(b) plastic containers comprised of—\n(i) polyethylene terephthalate (PET);\n(ii) high density polyethylene (HDPE);\n(iii) polyvinyl chloride (PVC);\n(iv) low density polyethylene (LDPE);\n(v) polypropylene (PP);\n(vi) polystyrene (PS); or\n(vii) other plastics;\n(c) glass containers;\n(d) steel containers;\n(e) aluminium containers;\n(f) liquid paper board; and\n(g) any other waste determined by the local government to be recycling waste;\nspecified means specified by the local government or an authorised person, as the case may be;\nstreet alignment means the boundary between the land comprising a street and the land that\nabuts the street;\nWARR Act means the Waste Avoidance and Resource Recovery Act 2007;\nWARR Regulations means the Waste Avoidance and Resource Recovery Regulations 2008;\nwaste has the same meaning as in the WARR Act;\nwaste container means—\n(a) a receptacle; or\n(b) any other container used for the purposes of depositing or storing waste;\nwaste facility means a waste facility, as defined in the WARR Act, that is operated by the local\ngovernment; and\nwaste service has the same meaning as in the WARR Act.\n(2) Where, in this local law, a duty or liability is imposed on an owner or occupier, or on an owner and\noccupier, the duty or liability is taken to be imposed jointly and severally on each of the owners or\noccupiers.\n1.6 Local public notice of determinations\nWhere, under this local law, the local government has a power to determine a matter—\n(a) local public notice, under section 1.7 of the LG Act, must be given of the matter determined;\n(b) the determination becomes effective only after local public notice has been given;\n(c) the determination remains in force for the period of one year after the date that local public\nnotice has been given under paragraph (a);\n(d) after the period referred to in paragraph (c), the determination continues in force only if, and\nfor so long as, it is the subject of local public notice, given annually, under section 1.7 of the\nLG Act; and\n(e) the determination must be recorded in a publicly accessible register of determinations that\nmust be maintained by the local government.\n\n3 January 2017 GOVERNMENT GAZETTE, WA 7\n1.7 Rates, fees and charges\nThe local government’s powers to impose rates, fees and charges in relation to waste services are set\nout in sections 66 to 68 of the WARR Act and section 6.16 and 6.17 of the LG Act.\n1.8 Power to provide waste services\nThe local government’s power to provide, or enter into a contract for the provision of, waste services is\ndealt with in section 50 of the WARR Act.\nPART 2—LOCAL GOVERNMENT WASTE\n2.1 Local government may supply receptacles\n(1) The local government may supply, for the use of each premises that are, or are capable of being,\noccupied or used for residential purposes, one or more receptacles for the collection and removal, from\nthose premises, of collectable waste.\n(2) The owner of premises for which a receptacle has been supplied by the local government must\nensure that the fee or charge (if any) imposed by the local government in relation to the receptacle is\npaid to the local government.\n2.2 Deposit of waste in receptacles\n(1) An owner or occupier of premises must not deposit or permit to be deposited in a receptacle any\nnon-collectable waste.\n(2) A person must not deposit waste in a receptacle that has been provided for the use of other\npremises without the consent of the owner or occupier of those premises.\n2.3 General waste receptacles\n(1) An owner or occupier of premises must not deposit or permit to be deposited in a general waste\nreceptacle—\n(a) where the receptacle has a capacity of 240 litres—more than 70 kilograms of collectable\nwaste; or\n(b) where the receptacle has any other capacity—more than the weight determined by the local\ngovernment.\n(2) Where the local government supplies recycling waste receptacles, an owner or occupier of premises\nmust not deposit or permit to be deposited in a general waste receptacle any recycling waste.\n(3) Where the local government supplies organic waste receptacles, an owner or occupier of premises\nmust not deposit or permit to be deposited in a general waste receptacle any organic waste.\n2.4 Recycling waste receptacles\nAn owner or occupier of premises must not deposit or permit to be deposited in a recycling waste\nreceptacle—\n(a) anything other than the particular type of recycling waste for which that receptacle was\nprovided by the local government for those premises;\n(b) where the receptacle has a capacity of 240 litres—more than 70 kilograms of recycling waste;\nor\n(c) where the receptacle has any other capacity—more than the weight determined by the local\ngovernment.\n2.5 Organic waste receptacles\nAn owner or occupier of premises must not deposit or permit to be deposited in an organic waste\nreceptacle—\n(a) anything other than the particular type of organic waste for which that receptacle was\nprovided by the local government for those premises;\n(b) where the receptacle has a capacity of 240 litres—more than 70 kilograms of organic waste; or\n(c) where the receptacle has any other capacity—more than the weight determined by the local\ngovernment.\n2.6 Direction to place or remove a receptacle\n(1) The local government or an authorised person may give a written direction to an owner or occupier\nof specified premises—\n(a) to place a receptacle in respect of those premises for collection; or\n(b) to remove a receptacle in respect of those premises after collection.\n(2) The direction under subclause (1) may specify when the placement or removal is to occur, or where\nthe receptacle is to be placed, or both.\n(3) An owner or occupier of premises must comply with a direction given under this clause.\n2.7 Duties of owner or occupier\nAn owner or occupier of premises must—\n(a) except for a reasonable period before and after collection time, keep each receptacle in a\nstorage space or area that is behind the street alignment;\n\n8 GOVERNMENT GAZETTE, WA 3 January 2017\n(b) take reasonable steps, if placing a receptacle for collection on the verge adjoining the\npremises, or other area as determined by the local government, ensure that, within a\nreasonable period before collection time, each receptacle is—\n(i) within 1 metre of the carriageway;\n(ii) so that it does not unduly obstruct any footpath, cycle way, right-of-way or carriageway;\nand\n(iii) facing squarely to the edge of and opening towards the carriageway,\nor in such other position as is approved in writing by the local government or an authorised\nperson;\n(c) take reasonable steps to ensure that an adequate number of receptacles is provided and used\nfor those premises and that each is kept in good condition and repair; and\n(d) in the case of a receptacle that is supplied by the local government, if the receptacle is lost,\nstolen, damaged or defective, notify the local government, as soon as practicable, after the\nevent.\n2.8 Exemption\n(1) An owner or occupier of premises may apply in writing to the local government for an exemption\nfrom compliance with the requirements of clause 2.7(a) or (b).\n(2) The local government or an authorised person may grant, with or without conditions, or refuse an\napplication for exemption from compliance under this clause.\n(3) An exemption granted under this clause must state—\n(a) the premises to which the exemption applies;\n(b) the period during which the exemption applies; and\n(c) any conditions imposed by the local government or the authorised person.\n(4) An exemption granted under this clause ceases to apply—\n(a) if the local government decides, on reasonable grounds, that there has been a failure to\ncomply with a condition of the exemption; and\n(b) from the date that the local government informs the owner or occupier of its decision under\nclause 2.8(4)(a).\n2.9 Damaging or removing receptacles\n(1) A person must not—\n(a) damage or destroy a receptacle;\n(b) interfere or tamper with, or remove, a receptacle placed for collection pursuant to clauses 2.6\nor 2.7(b); or\n(c) except as permitted by this local law or as authorised by the local government or an\nauthorised person, remove a receptacle from any premises to which it was delivered by the\nlocal government or its contractor.\n(2) Clause 2.9(1)(a) and (c) does not apply to the person who owns the receptacle.\n(3) Clause 2.9(1)(b) does not apply to—\n(a) the person who owns the receptacle; or\n(b) the owner or occupier of the premises on which the receptacle is kept.\n(4) Clause 2.9(1) does not apply to the local government or a contractor in the course of undertaking\nwaste services for the local government.\n2.10 Verge collections\n(1) Where the local government has advertised a verge waste collection (such as a green waste, or a\nbulk waste, verge collection) a person, unless with and in accordance with the approval of the local\ngovernment or an authorised person—\n(a) must deposit waste only during the period of time, and in accordance with other terms and\nconditions, as advertised by the local government in relation to that verge waste collection;\nand\n(b) must otherwise comply with those terms and conditions.\n(2) Where waste has been deposited on a verge for a verge waste collection, a person must not remove\nany of that waste for a commercial purpose but may remove it for any other purpose.\n(3) Except where waste is lawfully removed from a verge under this clause, a person must not\ndisassemble or tamper with any waste deposited on a verge for a verge waste collection so as to\nincrease the risk of harm to any person.\n(4) Clause 2.10(2) does not apply to the local government or a person engaged or contracted by the\nlocal government in relation to the verge waste collection.\nPART 3—GENERAL DUTIES\n3.1 Duties of an owner or occupier\nAn owner or occupier of premises must—\n(a) take reasonable steps to ensure that a sufficient number of waste containers are provided to\ncontain all waste which accumulates or may accumulate in or from the premises;\n\n3 January 2017 GOVERNMENT GAZETTE, WA 9\n(b) ensure that each waste container is kept in good condition and repair;\n(c) take all reasonable steps to—\n(i) prevent fly breeding and keep each waste container free of flies, maggots, cockroaches,\nrodents and other vectors of disease;\n(ii) prevent the emission of offensive or noxious odours from each waste container; and\n(iii) ensure that each waste container does not cause a nuisance to an occupier of adjoining\npremises; and\n(d) whenever directed to do so by the local government or an authorised person, thoroughly\nclean, disinfect, deodorise and apply a residual insecticide to each waste container.\n3.2 Removal of waste from premises\n(1) A person must not remove any waste from premises unless that person is—\n(a) the owner or occupier of the premises;\n(b) authorised to do so by the owner or occupier of the premises; or\n(c) authorised in writing to do so by the local government or an authorised person.\n(2) A person must not remove any waste from a waste container without the approval of—\n(a) the local government or an authorised person; or\n(b) the owner or occupier of the premises at which the waste container is ordinarily kept.\n3.3 Waste containers for public use\nA person must not, without the approval of the local government or an authorised person—\n(a) deposit household, commercial or other waste from any premises on or into; or\n(b) remove any waste from,\na waste container provided for the use of the general public in a public place.\nPART 4—OPERATION OF WASTE FACILITIES\n4.1 Operation of this Part\nThis Part applies to a person who enters a waste facility.\n4.2 Hours of operation\nThe local government may from time to time determine the hours of operation of a waste facility.\n4.3 Signs and directions\n(1) The local government or an authorised person may regulate the use of a waste facility—\n(a) by means of a sign; or\n(b) by giving a direction to a person within a waste facility.\n(2) A person within a waste facility must comply with a sign or direction under subclause (1).\n(3) The local government or an authorised person may direct a person who commits, or is reasonably\nsuspected by the local government or the authorised person of having committed, an offence under\nthis clause to leave the waste facility immediately.\n(4) A person must comply with a direction under subclause (3).\n4.4 Fees and charges\n(1) Unless subclause (3) applies, a person must, on or before entering a waste facility or on demand by\nthe local government or an authorised person, pay the fee or charge as assessed by an authorised\nperson.\n(2) An authorised person may assess the fee or charge in respect of a particular load of waste at a rate\nthat applies to any part of that load, even if that rate is higher than the rate that would apply to any\nother part of the load.\n(3) Subclause (1) does not apply—\n(a) to a person who disposes of waste in accordance with the terms of—\n(i) a credit arrangement with the local government; or\n(ii) any other arrangement with the local government to pay the fee or charge at a different\ntime or in a different manner; and\n(b) to the deposit of waste owned by the local government, or in the possession of an employee on\nbehalf of the local government.\n4.5 Depositing waste\n(1) A person must not deposit waste at a waste facility other than—\n(a) at a location determined by a sign and in accordance with the sign; and\n(b) in accordance with the direction of an authorised person.\n(2) The local government may determine the classification of any waste that may be deposited at a\nwaste facility.\n\n10 GOVERNMENT GAZETTE, WA 3 January 2017\n4.6 Prohibited activities\n(1) Unless authorised by the local government, a person must not—\n(a) remove any waste or any other thing from a waste facility;\n(b) deposit at a waste facility that is a landfill site any waste that is toxic, poisonous or\nhazardous, or the depositing of which is regulated or prohibited by any written law;\n(c) light a fire in a waste facility;\n(d) remove, damage or otherwise interfere with any flora in a waste facility;\n(e) remove, injure or otherwise interfere with any fauna in a waste facility; or\n(f) damage, deface or destroy any building, equipment, plant or property within a waste facility.\n(2) A person must not act in an abusive or threatening manner towards any person using, or engaged\nin the management or operation of, a waste facility;\nPART 5—ENFORCEMENT\n5.1 Offences and general penalty\n(1) A person who fails to do anything required or directed to be done under this local law, or who does\nanything which under this local law a person is prohibited from doing, commits an offence.\n(2) A person who commits an offence under this local law is liable, on conviction, to a penalty not\nexceeding $5,000, and if the offence is of a continuing nature, to a further penalty not exceeding $500\nin respect of each day or part of a day during which the offence has continued.\n5.2 Other costs and expenses\n(1) A person who is convicted of an offence under this local law is to be liable, in addition to any\npenalty imposed under clause 5.1, to pay to the local government the costs and expenses incurred by\nthe local government in taking remedial action such as—\n(a) removing and lawfully disposing of toxic, hazardous or poisonous waste; or\n(b) making good any damage caused to a waste facility.\n(2) The costs and expenses incurred by the local government are to be recoverable, as a debt due to\nthe local government, in a court of competent civil jurisdiction.\n5.3 Prescribed offences\n(1) An offence against a clause specified in Schedule 2 is a prescribed offence for the purposes of\nsection 9.16(1) of the LG Act.\n(2) The amount of the modified penalty for a prescribed offence is that specified adjacent to the clause\nin Schedule 2.\n5.4 Form of notices\n(1) Where a vehicle is involved in the commission of an offence, the form of the notice referred to in\nsection 9.13 of the LG Act is that of Form 1 in Schedule 1 of the LG Regulations;\n(2) The form of the infringement notice given under section 9.16 of the LG Act is that of Form 2 in\nSchedule 1 of the LG Regulations; and\n(3) The form of the infringement withdrawal notice given under section 9.20 of the LG Act is that of\nForm 3 in Schedule 1 of the LG Regulations.\n————\n\n3 January 2017 GOVERNMENT GAZETTE, WA 11\nSchedule 1\nMEANING OF ‘NON-COLLECTABLE WASTE’\nnon-collectable waste means—\n(a) hot or burning material;\n(b) household hazardous waste, including paint, acids, alkalis, fire extinguishers, solvents,\npesticides, oils, gas cylinders, batteries, chemicals and heavy metals;\n(c) any other hazardous material, such as radioactive waste;\n(d) any explosive material, such as flares or ammunition;\n(e) electrical and electronic equipment;\n(f) hospital, medical, veterinary, laboratory or pathological substances;\n(g) construction or demolition waste;\n(h) sewage;\n(i) ‘controlled waste’ for the purposes of the Environmental Protection (Controlled Waste)\nRegulations 2004;\n(j) any object that is greater in length, width, or breadth than the corresponding dimension of\nthe receptacle or that will not allow the lid of the receptacle to be tightly closed;\n(k) waste that is or is likely to become offensive or a nuisance, or give off an offensive or noxious\nodour, or to attract flies or cause fly breeding unless it is first wrapped in non-absorbent or\nimpervious material or placed in a sealed impervious and leak-proof container; and\n(l) any other waste determined by the local government to be non-collectable waste.\n————\nSchedule 2\nPRESCRIBED OFFENCES\nItem\nNo. Clause No. Description Modified\nPenalty\n1 2.1(2) Failing to pay fee or charge $350\n2 2.2(1) Depositing non-collectable waste in a receptacle $350\n3 2.2(2) Depositing waste in another receptacle without consent $350\n4 2.3(1) Exceeding weight capacity of a general waste receptacle $350\n5 2.3(2) and (3) Depositing unauthorised waste in a general waste\nreceptacle\n$350\n6 2.4(a) Depositing unauthorised waste in a recycling waste\nreceptacle\n$350\n7 2.4(b) and (c) Exceeding weight capacity of a recycling waste receptacle $250\n8 2.5(a) Depositing unauthorized waste in an organic waste\nreceptacle\n$350\n9 2.5(b) and (c) Exceeding weight capacity of an organic waste receptacle $350\n10 2.6(3) Failing to comply with a direction concerning placement or\nremoval or a receptacle\n$250\n11 2.7(a) Failing to keep a receptacle in the required location $250\n12 2.7(b) Failing to place a receptacle for collection in a lawful\nposition\n$250\n13 2.7(c) Failing to provide a sufficient number of receptacles $250\n14 2.7(d) Failing to notify of a lost, stolen, damaged or defective\nreceptacle\n$50\n15 2.9(1)(a) Damaging or destroying a receptacle $400\n16 2.9(1)(b) Interfering or tampering with, or removing, a receptacle $400\n17 2.9(1)(c) Removing a receptacle from premises $400\n18 2.9(2)(a) and\n(b)\nFailing to comply with a term or condition of verge waste\ncollection\n$400\n19 2.10(2) Removing waste for commercial purposes $350\n20 2.10(3) Disassembling or tamper with waste deposited for collection $250\n21 3.1(a) Failing to provide a sufficient number of receptacles $250\n\n12 GOVERNMENT GAZETTE, WA 3 January 2017\nItem\nNo. Clause No. Description Modified\nPenalty\n22 3.1(b) Failing to keep a waste container clean and in a good\ncondition and repair\n$250\n23 3.1(c)(i) Failing to prevent fly breeding and vectors of disease in a\nwaste container\n$350\n24 3.1(c)(ii) Failing to prevent the emission of offensive odours from a\nwaste container\n$350\n25 3.1(c)(iii) Allowing a waste container to cause a nuisance $350\n26 3.1(d) Failing to comply with a direction to clean, disinfect or\ndeodorise waste container\n$300\n27 3.2(1) Unauthorised removal of waste from premises $250\n28 3.2(2) Removing waste from a waste container without approval $250\n29 3.3(a) Depositing unauthorised waste into waste container\nprovided for use of the general public\n$350\n30 3.3(b) Removing waste from waste container provided for use of\nthe general public\n$350\n31 4.3(2) Failing to comply with a sign or direction $500\n32 4.3(4) Failing to comply with a direction to leave $500\n33 4.4(1) Disposing waste without payment of fee or charge $500\n34 4.5(1) Depositing waste contrary to sign or direction $500\n35 4.6(1)(a) Removing waste or any other thing without authority $250\n36 4.6(1)(b) Depositing toxic, poisonous or hazardous waste $500\n37 4.6(1)(c) Lighting a fire $300\n38 4.6(1)(d) Removing or interfering with any flora $300\n39 4.6(1)(e) Interfering with any fauna without approval $300\n40 4.6(1)(f) Damaging, defacing or destroying any building, equipment,\nplant or property within a waste facility\n$500\n41 4.6(2) Acting in an abusive or threatening manner $300\n————\nDated: 14 December 2016.\nThe Common Seal of the City of Busselton was affixed by authority of a resolution of the Council in\nthe presence of—\nGRANT DOUGLAS HENLEY, Mayor.\nMICHAEL STEPHEN LEE ARCHER, Chief Executive Officer.\n————\nJASON BANKS, Director General of the Department of\nEnvironment Regulation consents to the making\nof the City of Busselton Waste Local Law 2016\nin accordance with the Waste Avoidance and\nResource Recovery Act 2007.\n———————————","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The local law consolidates waste management rules for the City of Busselton within the powers conferred by the Waste Avoidance and Resource Recovery Act 2007 and the Local Government Act 1995 (see cl.1 intro, cl.1.7–1.8). It repeals specified clauses of the earlier Shire health local laws (cl.1.4) but does not expand the council’s statutory authority beyond those enabling Acts; it primarily sets operational, classification and enforcement details to be exercised by the council and authorised persons."},"complexity_factors":["Cross-reference to state legislation (WARR Act and Local Government Act) limits and frames powers (see cl.1 intro, cl.1.7–1.8).","Extensive definitional regime and schedules (cl.1.5; Schedule 1) that determine what is collectable or non‑collectable.","Significant delegated discretion for the local government/authorised persons to determine classifications, weights, hours, signs, exemptions and fees (cl.1.6, cl.2.3–2.5, cl.2.6–2.8, cl.4.2–4.5).","Operational rules for waste facilities plus multiple prohibitions (Part 4: cl.4.3–4.6) that interact with on‑site behaviour and contractor activity.","Enforcement architecture combining criminal penalties, daily continuing penalties, modified penalties (Schedule 2) and civil recovery of remedial costs (Part 5), requiring administrative capacity.","Exemption and direction powers (cl.2.6–2.8) create case‑by‑case regulatory outcomes and monitoring needs.","Placement, storage and verge collection rules impose specific behavioural requirements on owners/occupiers (cl.2.7, cl.2.10), raising common compliance issues.","Joint and several liability for multiple owners or occupiers (cl.1.5(2)) increases enforcement complexity in multi‑tenanted premises.","Repeal of prior local health law clauses (cl.1.4) creates transitional and interpretive tasks for administrators and the public."],"plain_english_summary":"This local law sets rules for household and public waste in the City of Busselton: it lets the council supply and classify receptacles (general, recycling, organic), set collection times and weights, run waste facilities, charge fees and impose fines. It affects property owners, occupiers, facility users and contractors.\n\nThe council and authorised persons decide classifications, exemptions and fees (with required local public notice). Compliance shifts costs to residents through service fees and exposes breaches to penalties and remediation costs, while giving the council operational discretion over collection and facility rules."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as a local waste management law. It replaces specific clauses from the 1997 Health Local Laws but maintains the standard scope for a local government waste law, covering domestic waste collection, waste facility operations, and enforcement. No significant scope creep is evident."},"complexity_factors":["Moderate length (approximately 12 pages in the Gazette)","22 defined terms in clause 1.5, including nested definitions (e.g., 'collectable waste' excludes 'non-collectable waste', which is defined in Schedule 1)","Multiple cross-references to external legislation (Waste Avoidance and Resource Recovery Act 2007, Local Government Act 1995, and associated regulations)","Conditional logic throughout (e.g., clauses 2.3, 2.4, 2.5 have different weight limits depending on bin capacity; exemptions in clause 2.8 with conditions and cessation triggers)","Joint and several liability imposed on owners and occupiers (clause 1.5(2))","Specific technical definitions for recyclable plastics (PET, HDPE, PVC, LDPE, PP, PS) in clause 1.5","Annual notice requirements for determinations (clause 1.6) creating ongoing administrative obligations","41 prescribed offences listed in Schedule 2 with varying penalty amounts"],"plain_english_summary":"This local law governs waste management in the City of Busselton: it requires correct use and placement of council-provided bins, bans hazardous/bulky/non-collectable items from regular bins, sets rules for verge bulk collections, and regulates conduct at council waste facilities. It applies to residents, property owners, facility users and waste collectors, obliging cleanliness, pest control and compliance with directions. Breaches carry fines (common bin offences ~$250–$400; serious offences up to $5,000, plus daily penalties)."}},"importantCases":[],"_links":{"self":"/api/acts/city-of-busselton-waste-local-law-2016","history":"/api/acts/city-of-busselton-waste-local-law-2016/history","analysis":"/api/acts/city-of-busselton-waste-local-law-2016/analysis","conflicts":"/api/acts/city-of-busselton-waste-local-law-2016/conflicts","importantCases":"/api/acts/city-of-busselton-waste-local-law-2016/important-cases","documents":"/api/acts/city-of-busselton-waste-local-law-2016/documents"}}