{"id":"wa-local:northam-shire-of-shire-of-northam-waste-local-law-2020","name":"Shire of Northam Waste Local Law 2020","slug":"shire-of-northam-waste-local-law-2020","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438709,"registerId":"wa-local:northam-shire-of-shire-of-northam-waste-local-law-2020-pdf-1775955021044","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Shire of Northam Waste Local Law 2020","content":"!2020088GG!\n1489\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, TUESDAY, 2 JUNE 2020 No. 88 SPECIAL\nPUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.30 PM\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nLOCAL GOVERNMENT ACT 1995\nWASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007\n_________\nSHIRE OF NORTHAM\n———————————\nWASTE LOCAL LAW 2020\n\n\n\n2 June 2020 GOVERNMENT GAZETTE, WA 1491\nLOCAL GOVERNMENT ACT 1995\nWASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007\nSHIRE OF NORTHAM\nWASTE LOCAL LAW 2020\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 Supply of 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 Building Construction\n2.11 Verge collections\nPART 3—GENERAL DUTIES\n3.1 Duties of an owner or occupier\n3.2 Removal of waste from premises\n3.3 Receptacles and 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 Objection and appeal rights\n5.2 Offences and general penalty\n5.3 Other costs and expenses\n5.4 Prescribed offences\n5.5 Form of notices\nSCHEDULE 1—MEANING OF ‘NON-COLLECTABLE WASTE’\nSCHEDULE 2—PRESCRIBED OFFENCES\n\n\n\n2 June 2020 GOVERNMENT GAZETTE, WA 1493\nLOCAL GOVERNMENT ACT 1995\nWASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007\nSHIRE OF NORTHAM\nWASTE LOCAL LAW 2020\nUnder the powers conferred on it by the Waste Avoidance and Resource Recovery Act 2007, the Local\nGovernment Act 1995 and under all other enabling powers, the Council of the Shire of Northam\nresolved on 20 May 2020 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Short title\nThis is the Shire of Northam Waste Local Law 2020\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\nThe Shire of Northam Waste Local Law 2009, published in the Government Gazette on 28 July 2009\nand all amendments from time to time, including the Shire of Northam Waste Amendment Local Law\n2011, 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;\ncollection day means the day determined by the local government for the collection of collectable\nwaste in the district or a part of the district;\ncollection time means the time on the collection day determined by the local government for the\ncollection of collectable waste in the district or a part of the district;\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;\nlocal government means the Shire of Northam;\n\n1494 GOVERNMENT GAZETTE, WA 2 June 2020\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 polyethylene terephthalate or high density\npolyethylene;\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 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 subclause (a);\n(d) after the period referred to in subclause (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.\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 sections 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 Supply of receptacles\n(1) The local government is to 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\n2 June 2020 GOVERNMENT GAZETTE, WA 1495\n(2) The owner of premises to which subclause (1) applies must—\n(a) ensure that the fee or charge (if any) imposed by the local government in relation to each\nreceptacle is paid to the local government; and\n(b) ensure that each receptacle is used, in respect of those premises, in accordance with this local\nlaw.\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(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) placed so that it does not unduly obstruct any footpath, cycle way, right-of-way or\ncarriageway; and\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 the premises are provided with an adequate number of\nreceptacles; and\n(d) if the receptacle is lost, stolen, damaged or defective, notify the local government, as soon as\npracticable, after the event.\n\n1496 GOVERNMENT GAZETTE, WA 2 June 2020\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\nA person, other than the local government or its contractor, must not—\n(a) damage, destroy or interfere with a receptacle; or\n(b) 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.\n2.10 Building Construction\n(1) In this clause—\nbuilding waste receptacle means a receptacle—\n(a) that has been supplied for the use of the premises by a person other than the local\ngovernment or its contractor.\n(b) the waste from which is collected and removed from the premises by a person other\nthan the local government or its contractor;\nbuilding work has the same meaning as in the Building Act 2011 and includes demolition work;\nbuilding work waste means all waste from building work that is capable of being windblown;\nand\ndemolition work has the same meaning as in the Building Act 2011.\n(2) During all periods of building work on a premises the owner or occupier of the premises shall—\n(a) provide and maintain on such premises a building waste receptacle with adequate capacity\nsuitable for the collection and disposal of building work waste;\n(b) ensure building work waste is deposited and kept in the building waste receptacle; and\n(3) The owner or occupier of the premises shall ensure that within 2 days of completion of works on\nsite—\n(a) the site and the thoroughfare verge immediately adjacent to it is cleared of all refuse\ngenerated or originating from the building or development site; and\n(b) that all building waste receptacles are permanently removed from the site.\n2.11 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 2.11(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 receptacles are provided to\ncontain all waste which accumulates or may accumulate in or from the premises;\n(b) ensure that each receptacle is kept in good condition and repair;\n\n2 June 2020 GOVERNMENT GAZETTE, WA 1497\n(c) take all reasonable steps to—\n(i) prevent fly breeding and keep each receptacle free of flies, maggots, cockroaches,\nrodents and other vectors of disease;\n(ii) prevent the emission of offensive or noxious odours from each receptacle; and\n(iii) ensure that each receptacle 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 receptacle.\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 receptacle 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 receptacle is ordinarily kept.\n3.3 Receptacles and 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 receptacle 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.\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\n1498 GOVERNMENT GAZETTE, WA 2 June 2020\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 Objection and appeal rights\nDivision 1 of Part 9 of the LG Act applies to a decision under this local law to grant, renew, vary or\ncancel—\n(a) an approval under clause 2.7(b);\n(b) an exemption under clause 2.8(2);\n(c) an approval under clause 2.9(b);\n(d) an approval under clause 2.11(1);\n(e) an authorisation under clause 3.2(1)(c);\n(f) an approval under clause 3.2(2); and\n(g) an approval under clause 3.3.\n5.2 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.\n5.3 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 5.2, 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.\n5.4 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.\n5.5 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.\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————\nSchedule 1\nMEANING OF ‘NON-COLLECTABLE WASTE’\n[Clause 1.5(1)]\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\n2 June 2020 GOVERNMENT GAZETTE, WA 1499\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\ndimension of the receptacle or that will not allow the lid of the receptacle to be tightly\nclosed;\n(k) waste that is or is likely to become offensive or a nuisance, or give off an offensive or\nnoxious odour, or to attract flies or cause fly breeding unless it is first wrapped in non-\nabsorbent or impervious material or placed in a sealed impervious and leak-proof\ncontainer; 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)(a) Failing to pay fee or charge $350\n2 2.1(2)(b) Failing to ensure lawful use of receptacle $350\n3 2.2(1) Depositing non-collectable waste in a receptacle $350\n4 2.2(2) Depositing waste in another receptacle without consent $350\n5 2.3(1) Exceeding weight capacity of a general waste receptacle $350\n6 2.3(2) and (3) Depositing unauthorised waste in a general waste\nreceptacle $350\n7 2.4(a) Depositing unauthorised waste in a recycling waste\nreceptacle $350\n8 2.4(b) and (c) Exceeding weight capacity of a recycling waste receptacle $250\n9 2.5(a) Depositing unauthorized waste in an organic waste\nreceptacle $350\n10 2.5(b) and (c) Exceeding weight capacity of an organic waste receptacle $350\n11 2.6(3) Failing to comply with a direction concerning placement\nor removal of a receptacle $250\n12 2.7(a) Failing to keep a receptacle in the required location $250\n13 2.7(b) Failing to place a receptacle for collection in a lawful\nposition $250\n14 2.7(c) Failing to provide a sufficient number of receptacles $250\n15 2.7(d) Failing to notify of a lost, stolen, damaged or defective\nreceptacle $50\n16 2.9(a) Damaging, destroying or interfering with a receptacle $400\n17 2.9(b) Removing a receptacle from premises $400\n18 2.11(1) Failing to comply with a term or condition of verge waste\ncollection $400\n19 2.11(2) Removing waste for commercial purposes $350\n20 2.11(3) Disassembling or leaving in disarray waste deposited for\ncollection $250\n21 3.1(a) Failing to provide a sufficient number of receptacles $250\n22 3.1(b) Failing to keep a receptacle clean and in a good condition\nand repair $250\n23 3.1(c)(i) Failing to prevent fly breeding and vectors of disease in a\nreceptacle $350\n24 3.1(c)(ii) Failing to prevent the emission of offensive odours from a\nreceptacle $350\n25 3.1(c)(iii) Allowing a receptacle to cause a nuisance $350\n26 3.1(d) Failing to comply with a direction to clean, disinfect or\ndeodorise receptacle $300\n27 3.2(1) Unauthorised removal of waste from premises $250\n28 3.2(2) Removing waste from a receptacle without approval $250\n29 4.3(2) Failing to comply with a sign or direction $500\n30 4.3(4) Failing to comply with a direction to leave $500\n\n1500 GOVERNMENT GAZETTE, WA 2 June 2020\nItem\nNo. Clause No. Description Modified\nPenalty\n31 4.4(1) Disposing waste without payment of fee or charge $500\n32 4.5(1) Depositing waste contrary to sign or direction $500\n33 4.6(1)(a) Removing waste without authority in a waste facility $250\n34 4.6(1)(b) Depositing toxic, poisonous or hazardous waste at a waste\nfacility $500\n35 4.6(1)(c) Lighting a fire in a waste facility $300\n36 4.6(1)(d) Removing or interfering with any flora in a waste facility $300\n37 4.6(1)(e) Removing or interfering with any fauna without approval\nin a waste facility $300\n38 4.6(1)(f) Damaging, defacing or destroying any building,\nequipment, plant or property within a waste facility $500\n39 4.6(2) Acting in an abusive or threatening manner $300\n————\nDated this 22nd of May, 2020.\nThe Common Seal of the Shire of Northam was affixed by authority of a resolution of the Council in\nthe presence of—\nCHRISTOPHER ANTONIO, President.\nJASON WHITEAKER, Chief Executive Officer.\n————\nConsented to—\nMIKE ROWE, Chief Executive Officer, Department of\nWater and Environmental Regulation.\nDated this 7th day of April, 2020.\n———————————","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of regulating waste management within the Shire of Northam. It updates and replaces the 2009 version but does not expand beyond waste collection, disposal, and facility management. The inclusion of building waste and verge collections are standard components of local waste laws, not scope creep."},"complexity_factors":["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 (Local Government Act 1995, Waste Avoidance and Resource Recovery Act 2007, Building Act 2011, Environmental Protection Regulations)","Joint and several liability clause (1.5(2)) creating shared responsibility between owners and occupiers","Conditional weight limits for bins with default values and override powers for the local government (clauses 2.3-2.5)","Annual renewal requirement for local government determinations with public notice obligations (clause 1.6)","Nested exemptions and approval pathways (e.g., clause 2.8 exemptions from clause 2.7 requirements)","Schedule of 39 prescribed offences with varying penalty amounts ($50-$500) requiring cross-referencing between Schedule 2 and main clauses"],"plain_english_summary":"The local law sets mandatory rules for handling household, commercial and construction waste across the Shire of Northam: the council supplies general, recycling and organics receptacles, prescribes where and how bins must be placed, bans hazardous/bulky items from regular collection, requires builders to manage site waste, and governs verge collections and tip use. It applies to all property owners/occupiers, site contractors and tip users. The rules protect workers, promote recycling and prevent illegal dumping; breaches can attract fines."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument expressly repeals the Shire of Northam Waste Local Law 2009 (cl.1.4) and restates a district-wide regulatory scheme (cl.1.3). The text does not state an explicit expansion or narrowing of territorial or subject-matter scope; obligations, powers and enforcement mechanisms are set out within the new text (noted at cl.1.2–1.8, Part 2–Part 5), so no clear change of scope from the prior law is apparent from this instrument alone."},"complexity_factors":["Extensive defined terms and cross-references to state Acts (definitions in cl.1.5 referencing the WARR Act and LG Act) which require reading external statutes to resolve meaning.","Delegated discretion to the local government and authorised persons to determine collection days, permitted waste types, weights and conditions (cl.1.6, cl.2.3–2.5, cl.4.2–4.5).","Multiple compliance duties on owners/occupiers (supply, placement, storage, hygiene) with joint and several liability (cl.1.5(2), cl.2.7, cl.3.1).","Exemption and approval regimes that allow conditional waivers and can be revoked (cl.2.8), increasing administrative complexity.","Enforcement mix: general criminal penalties, continuing penalties, cost-recovery on remedial action, and a schedule of modified (infringement) penalties (cl.5.2–5.4; Sch.2).","Operational controls at waste facilities including fee-assessment by authorised persons and waste classification (cl.4.3–4.6), which create discretion and operational compliance points.","A detailed Schedule defining non-collectable items (Sch.1) that interacts with receptacle and facility rules, affecting practical sorting and disposal obligations."],"plain_english_summary":"This local law prescribes how the Shire of Northam supplies, places, collects and regulates household and verge waste, and how its waste facilities operate. It repeals the 2009 local law and takes effect 14 days after Gazette publication (cl.1.4–1.2). \n\nIt applies to owners, occupiers, contractors and users: owners must pay any receptacle fees and maintain receptacles (cl.2.1(2),3.1); the local government and authorised persons set collection days, determine allowed waste types, grant exemptions and set fees (cl.1.6,2.8,4.4). Non‑compliance attracts fines, prescribed infringement amounts and cost recovery (cl.5.2–5.3; Sch.2)."}},"importantCases":[],"_links":{"self":"/api/acts/shire-of-northam-waste-local-law-2020","history":"/api/acts/shire-of-northam-waste-local-law-2020/history","analysis":"/api/acts/shire-of-northam-waste-local-law-2020/analysis","conflicts":"/api/acts/shire-of-northam-waste-local-law-2020/conflicts","importantCases":"/api/acts/shire-of-northam-waste-local-law-2020/important-cases","documents":"/api/acts/shire-of-northam-waste-local-law-2020/documents"}}