{"id":"environmental-protection-landfill-levy-act-1998","name":"Environmental Protection (Landfill) Levy Act 1998","slug":"environmental-protection-landfill-levy-act-1998","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30485,"registerId":"wa-environmental-protection-landfill-levy-act-1998-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Environmental Protection (Landfill) Levy Act 1998","content":"![Crest]()Western Australia\n\nEnvironmental Protection (Landfill) Levy Act 1998\n\nWestern Australia\n\nEnvironmental Protection (Landfill) Levy Act 1998\n\nContents\n\n1. Short title 1\n\n2. Commencement 1\n\n3. Interpretation 1\n\n4. Levy may be prescribed 1\n\n5. Levy imposed 2\n\n6. Levy payable by holder of licence 2\n\nNotes\n\nCompilation table 3\n\nUncommenced provisions table 3\n\nDefined terms\n\n  \n\nWestern Australia\n\nEnvironmental Protection (Landfill) Levy Act 1998\n\nAn Act to impose a levy in respect of certain waste.\n\n##### 1. Short title\n\nThis Act may be cited as the *Environmental Protection (Landfill) Levy Act 1998*.\n\n##### 2. Commencement\n\nThis Act comes into operation on such day as is fixed by proclamation.\n\n##### 3. Interpretation\n\n(1) In this Act —\n\nlicensed premises means premises in respect of which the occupier is required to hold a licence under Part V of the principal Act and which are used for the purpose of disposing of waste to landfill, whether or not a licence is in force;\n\n  principal Act means the *Environmental Protection Act 1986*.\n\n(2) Unless the contrary intention appears, words defined in the principal Act have the same meanings in this Act as in that Act.\n\n[Section 3 amended: No. 54 of 2003 s. 141.]\n\n##### 4. Levy may be prescribed\n\n(1) The Governor may, on the recommendation of the Authority, make regulations under the principal Act prescribing an amount by way of levy that is to be payable in respect of waste received at licensed premises.\n\n(2) The regulations may —\n\n(a) provide that the amount by way of levy is to be payable in all cases, in all cases subject to specified exceptions or in any specified case or class of case;\n\n(b) prescribe different amounts by way of levies that are payable in respect of different cases or classes of case;\n\n(c) provide for the levy to be calculated on such basis, and in accordance with such factors, as are specified; and\n\n(d) provide for the reimbursement of administrative costs incurred by the person, organisation, or licensee collecting the levy.\n\n(3) Nothing in this section is to be taken as limiting the operation of section 43 of the *Interpretation Act 1984*.\n\n##### 5. Levy imposed\n\nIf an amount by way of levy is prescribed in respect of waste received at licensed premises, that levy is imposed in respect of waste received at the licensed premises.\n\n##### 6. Levy payable by holder of licence\n\nThe holder of a licence in respect of premises is liable to pay the amount of any levy imposed in respect of waste received at the licensed premises.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Environmental Protection (Landfill) Levy Act 1998* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Environmental Protection (Landfill) Levy Act 1998* | 11 of 1998 | 30 Apr 1998 | 1 Jul 1998 (see s. 2 and *Gazette* 26 Jun 1998 p. 3369) |\n| *Environmental Protection Amendment Act 2003* s. 141 | 54 of 2003 | 20 Oct 2003 | 19 Nov 2003 (see s. 2 and *Gazette* 18 Nov 2003 p. 4723) |\n| **Reprint 1: The *Environmental Protection (Landfill) Levy Act 1998* as at 2 Apr 2004**   (includes amendments listed above) | | | |\n\n\nUncommenced provisions table\n\nTo view the text of the uncommenced provisions see *Acts as passed* on the WA Legislation website.\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Waste Avoidance and Resource Recovery Act 2007* s. 100 | 36 of 2007 | 21 Dec 2007 | To be proclaimed (see s. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nlicensed premises 3(1)\n\nprincipal Act 3(1)\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Impossible to assess whether scope changed from original intent without access to the legislative text, amendment history, or explanatory materials. The page is no longer available on the WA legislation website."},"complexity_factors":["Actual legislative text is unavailable — only the title and a system error page were provided","Cannot assess true complexity without reviewing definitions, levy calculation mechanisms, exemptions, or administrative provisions","Inferred subject matter (levy Acts) is typically moderately straightforward but may contain complex rate schedules or compliance obligations"],"plain_english_summary":"The Act establishes a charge on waste sent to landfill in Western Australia, making disposal more expensive to discourage landfill use and encourage recycling and waste reduction.  \n\nIt primarily affects landfill operators and businesses that dispose of large volumes of waste (and indirectly households through passed-on costs), while raising revenue likely used for environmental programs and waste management initiatives."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose of creating a framework for landfill levies. The 2003 amendment (section 141) was a minor technical amendment updating references, and the uncommenced provision from the 2007 Waste Avoidance and Resource Recovery Act appears to be a consequential amendment that has not yet taken effect. The scope has not expanded beyond the original intent of imposing levies on landfill waste."},"complexity_factors":["Extremely short statute — only 6 operative sections","Minimal defined terms — only 2 defined in the Act itself ('licensed premises' and 'principal Act')","No nested conditional logic or exceptions within the primary text","Heavy reliance on external instruments — the actual levy rates, calculations, and exemptions are all delegated to regulations not contained in this Act","Simple linear structure: interpretation → enabling power → imposition → liability","Only one cross-reference to another Act (section 43 of the Interpretation Act 1984) and incorporation by reference to the Environmental Protection Act 1986 for definitions"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a system for charging a fee (called a \"levy\") on waste that gets dumped in landfills in Western Australia. It's essentially a \"pay to pollute\" scheme where landfill operators must pay the government for every tonne (or other unit) of rubbish they bury.\n\n**Who it affects:**\n\n- **Landfill operators** — anyone who holds an environmental licence to run a landfill (called the \"holder of a licence\")\n- **Waste generators indirectly** — while the landfill pays the levy directly, these costs typically flow through to households and businesses via waste collection fees\n\n**How it works:**\n\n1. The Act itself doesn't set the dollar amount — it just creates the legal power to charge\n2. The actual levy rates are set later by **regulations** (rules made by the Governor on advice from the Environmental Protection Authority)\n3. The regulations can:\n   - Set different rates for different types of waste\n   - Create exemptions for certain cases\n   - Calculate the levy by weight, volume, or other methods\n   - Cover administrative costs of collecting the money\n\n**Why it matters:**\n\nThis is a financial disincentive designed to reduce landfill use and encourage recycling and waste recovery. The money raised typically funds environmental programs and waste management initiatives. It transforms waste disposal from a free-for-all into a regulated, priced activity where polluters bear some cost."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"No. The Act's expressed scope remains to enable a landfill levy on waste received at licensed premises and to make the licence holder liable for payment. A 2003 amendment updated a definition (see s3 note) but did not broaden the Act's core authority; detailed scope and rates are intended to be set by regulations under s4."},"complexity_factors":["Core levy design and rates are delegated to regulations rather than set in the Act (s4), increasing reliance on secondary law.","Cross-references to the principal Environmental Protection Act 1986 for defined terms and licensing create dependency on another statute (s3).","Broad discretion for the Governor and the Authority to prescribe classes, exceptions and calculation methods (s4(2)) increases regulatory variability.","Liability is placed directly on the holder of the licence, concentrating compliance and payment obligations on licence holders (s6).","Provision for reimbursement of administrative costs to collectors adds an implementation and accounting layer (s4(2)(d)).","Short statutory text means enforcement, compliance rules and operational detail are likely dispersed across regulations and the principal Act."],"plain_english_summary":"This Act allows the Governor, on the Authority's recommendation, to make regulations imposing a levy on waste received at licensed landfill premises; when prescribed the levy is payable by the licence holder. Regulations may set rates, classes, exceptions, calculation methods and reimburse administrative costs; the Act itself does not fix levy amounts or detailed procedures (ss4–6)."}},"importantCases":[],"_links":{"self":"/api/acts/environmental-protection-landfill-levy-act-1998","history":"/api/acts/environmental-protection-landfill-levy-act-1998/history","analysis":"/api/acts/environmental-protection-landfill-levy-act-1998/analysis","conflicts":"/api/acts/environmental-protection-landfill-levy-act-1998/conflicts","importantCases":"/api/acts/environmental-protection-landfill-levy-act-1998/important-cases","documents":"/api/acts/environmental-protection-landfill-levy-act-1998/documents"}}