{"id":"waste-avoidance-and-resource-recovery-levy-act-2007","name":"Waste Avoidance and Resource Recovery Levy Act 2007","slug":"waste-avoidance-and-resource-recovery-levy-act-2007","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111016,"registerId":"wa-waste-avoidance-and-resource-recovery-levy-act-2007-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Waste Avoidance and Resource Recovery Levy Act 2007","content":"![Crest]()Western Australia\n\nWaste Avoidance and Resource Recovery Levy Act 2007\n\nWestern Australia\n\nWaste Avoidance and Resource Recovery Levy Act 2007\n\nContents\n\n1. Short title 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Levy may be prescribed 2\n\n5. Levy imposed 2\n\n6. Liability to pay levy 3\n\nNotes\n\nCompilation table 4\n\nUncommenced provisions table 4\n\nDefined terms\n\n  \n\nWestern Australia\n\nWaste Avoidance and Resource Recovery Levy Act 2007\n\nAn Act to impose a levy in respect of certain waste.\n\n##### 1. Short title\n\nThis is the *Waste Avoidance and Resource Recovery Levy Act 2007*.\n\n##### 2. Commencement\n\nThis Act comes into operation as follows:\n\n(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;\n\n(b) the rest of the Act — on a day fixed by proclamation.\n\n##### 3. Terms used\n\nIn this Act —\n\n  disposal premises means premises —\n\n(a) which are used for the purpose of receiving waste; and\n\n(b) in respect of which the occupier is required to hold a licence, whether or not such a licence is in force;\n\n  EP Act means the *Environmental Protection Act 1986*;\n\n  licence has the same meaning as in the EP Act;\n\n  Waste Authority means the Waste Authority established under the *Waste Avoidance and Resource Recovery Act 2007*.\n\n##### 4. Levy may be prescribed\n\n(1) The Governor may, on the recommendation of the Minister, make regulations under the *Waste Avoidance and Resource Recovery Act 2007* prescribing an amount by way of levy that is to be payable in respect of waste received at disposal premises.\n\n(2A) The Waste Authority may provide advice to the Minister for the purpose of making a recommendation under subsection (1) as to the amount by way of levy to be prescribed.\n\n(2B) The Minister must give due weight to, but is not bound to accept, the advice of the Waste Authority under subsection (2A).\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; and\n\n(b) prescribe different amounts by way of levy that are payable in respect of different cases or classes of case; and\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 the *Interpretation Act 1984* section 43.\n\n[Section 4 amended: No. 48 of 2009 s. 12.]\n\n##### 5. Levy imposed\n\nIf an amount by way of levy is prescribed in respect of waste received at disposal premises, that levy is imposed in respect of waste received at the disposal premises.\n\n##### 6. Liability to pay levy\n\nThe holder of a licence in respect of disposal premises, or in the case of disposal premises in respect of which a licence is not in force, an occupier required under the EP Act to hold such licence in respect of the premises, is liable to pay the amount of any levy imposed in respect of waste received at the disposal premises.\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Waste Avoidance and Resource Recovery Levy Act 2007* 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| *Waste Avoidance and Resource Recovery Levy Act 2007* | 37 of 2007 | 21 Dec 2007 | s. 1 and 2: 21 Dec 2007 (see s. 2(a))   Act other than s. 1 and 2: 1 Jul 2008 (see s. 2(b) and *Gazette* 20 Jun 2008 p. 2705) |\n| *Waste Avoidance and Resource Recovery Amendment Act 2009* Pt. 3 | 48 of 2009 | 7 Dec 2009 | 8 Dec 2009 (see s. 2(b)) |\n| **Reprint 1: The *Waste Avoidance and Resource Recovery Levy Act 2007* as at 12 Aug 2016** (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| *Environmental Protection Amendment Act 2020* s. 119 | 40 of 2020 | 19 Nov 2020 | To be proclaimed (see s. 2(1)(e)) |\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\ndisposal premises 3\n\nEP Act 3\n\nlicence 3\n\nWaste Authority 3\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This version of the Act remains narrowly focused on authorising a levy on waste received at licensed disposal premises and setting liability rules (ss.4–6). Amendments noted (for example to s.4) primarily clarify advisory and procedural arrangements (allowing the Waste Authority to advise and requiring the Minister to give due weight to that advice) rather than expanding the substantive scope of the legal power to impose a levy. The Act continues to leave substantive rate-setting, exemptions, calculation methods and administrative detail to regulations, so the statutory scope has not grown significantly beyond its original purpose of enabling a waste levy and fixing payer liability."},"complexity_factors":["Very short Act (6 operative sections)","4 defined terms in the interpretation section (disposal premises, EP Act, licence, Waste Authority)","Substantial reliance on delegated legislation (regulations) for core details: rate, scope, exceptions, calculation method, reimbursement (s.4(1) and s.4(2))","Cross-references to two other Acts: Waste Avoidance and Resource Recovery Act 2007 (for regulatory head of power) and Environmental Protection Act 1986 (for meaning of licence and licensing regime) (s.3, s.4(1))","Ministerial discretion with advisory input from Waste Authority (s.4(2A)–(2B)) — adds conditional administrative complexity but not statutory complexity","Minimal conditional logic within the Act itself (liability rule in s.6 is straightforward)"],"plain_english_summary":"**What this law does (mechanics)\n\n- Gives the Governor (on the Minister’s recommendation) power to make regulations that set a levy (a charge or fee) on waste that is received at \"disposal premises\" — places licensed to receive waste (see s.4(1) and s.3).\n- Allows those regulations to set who pays, set different rates for different classes of waste or premises, specify how the levy is calculated, create exceptions, and allow reimbursement of administrative costs to the party that collects the levy (s.4(2)(a)–(d)).\n- If regulations prescribe a levy for waste at disposal premises, the levy is imposed under this Act (s.5).\n- The person who must pay the levy is the holder of the licence for the disposal premises, or, where a licence is not in force, the occupier who is required by the Environmental Protection Act 1986 (EP Act) to hold that licence (s.6).  \n- The Waste Authority may give advice to the Minister about the levy amount, and the Minister must give that advice due weight but is not bound to accept it (s.4(2A)–(2B)).\n\nWho it affects\n\n- Owners/operators of disposal premises that are required to hold an EP Act licence. Those licence-holders (or occupiers required to hold licences) are legally liable to pay any levy prescribed by regulation (s.6).\n- Entities that collect the levy (for example licensed landfill operators) if regulations provide for reimbursement of administrative costs (s.4(2)(d)).\n- Waste generators and downstream customers indirectly, because licence-holders can pass costs on through prices or fees in commercial transactions (mechanical effect, not stated as policy in the Act).\n\nWhy it matters (claimed purpose, then tested against trade-offs)\n\n- The Act creates a statutory mechanism for raising a levy on waste received at licensed disposal sites. The enabling power is delegated to regulations (s.4). The stated instrument-level purpose is to impose and administer a levy on waste.\n\n- Who decides and how: the Minister recommends levy settings to the Governor for regulation-making; the Waste Authority may advise the Minister and that advice must be given due weight though it is not binding (s.4(1), s.4(2A)–(2B)). This concentrates discretion in the executive branch and places technical input with the Waste Authority.\n\n- Revenue and use: the Act itself only authorises the levy and liability to pay; it does not detail how revenue is to be spent. Any allocation of revenue or administrative arrangements will be set out elsewhere (for example, in the Waste Avoidance and Resource Recovery Act 2007 and in the regulations).\n\nCosts, incentives and likely behavioural effects (mechanical analysis)\n\n- Direct payer: licence-holders/occupiers are legally liable (s.6). They bear the administrative and cashflow costs of collecting/ remitting the levy unless reimbursed under regulations (s.4(2)(d)).\n- Pass-through: in practice, licence-holders can adjust user fees or commercial charges to recover levy costs; the Act does not regulate pass-through but the commercial incentive exists.\n- Incentive effects: a per-tonne or activity-based levy (the regulations determine basis and factors — s.4(2)(c)) mechanically raises the marginal cost of disposing waste at licensed premises, creating an economic incentive to reduce waste, reuse/recycle, or change disposal methods. It also creates an incentive to seek lower-cost alternatives, including unregulated disposal, unless enforcement and coverage prevent that.\n- Substitution and compliance risk: because the levy applies only where prescribed and at licensed premises, there is scope for substitution to unlicensed sites or other waste pathways if those are cheaper or enforcement is weak. The Act’s reliance on regulation design (exceptions, classes, calculation basis — s.4(2)(a)–(c)) means coverage and leakage depend on regulatory drafting and enforcement.\n- Administrative burden: licence-holders must account for and pay the levy and may incur costs to collect and report it; regulations may reimburse some administrative costs (s.4(2)(d)), but the Act does not set the process for reimbursement.\n- Implementation risk and discretion: the heavy delegation to regulations and Ministerial recommendation introduces implementation risk — levy level, scope, calculations and exemptions are all determined by delegated instruments and ministerial choices, with technical input from the Waste Authority but no binding constraint (s.4(1), s.4(2A)–(2B)).\n\nKey cross-references and dependencies\n\n- \"Licence\" and enforcement reference the Environmental Protection Act 1986 (EP Act) (s.3), so application depends on EP Act licensing regimes.\n- Regulations are to be made under the Waste Avoidance and Resource Recovery Act 2007 (s.4(1)); the structure of the levy and use of revenue will interact with that Act and with specific regulations.\n\nConcise statement of effects\n\n- The Act provides the legal authority to create a waste disposal levy by regulation, specifies who is liable to pay (licence-holder or required occupier), allows the Waste Authority to advise the Minister, and permits regulations to determine amounts, calculation methods, exceptions and administrative reimbursement (see ss.3–6)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. The webpage returned an error indicating the URL has changed due to system upgrades. No comparison between original intent and current provisions is possible."},"complexity_factors":["No legislative text was available for analysis — the source page returned a 'no longer available' error message","Complexity cannot be meaningfully assessed without access to the actual provisions, schedules, or definitions","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"## Waste Avoidance and Resource Recovery Levy Act 2007 (WA)\n\n**⚠️ Content Unavailable**\n\nThe actual text of this Western Australian legislation could not be retrieved. The page hosting this Act on the Western Australian legislation website is no longer available at its previous address due to system and security upgrades.\n\n**What we know from the title alone:**\n- This is a **Western Australian** law (does not apply nationally)\n- It relates to a **levy** (a compulsory charge or fee) connected to **waste avoidance and resource recovery** — likely a fee charged on waste disposal, probably at landfill sites\n- It was enacted in **2007**\n- Laws with this name typically charge waste operators or local councils a fee per tonne of waste deposited at landfill, to encourage recycling and reduce waste\n\n**To find the actual text**, visit the [Western Australian legislation website](https://www.legislation.wa.gov.au) and search for the Act by name."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing the statutory framework for imposing a waste levy. The 2009 amendment added subsections 4(2A) and (2B) to formalise the Waste Authority's advisory role, but this was a procedural enhancement rather than an expansion of scope. The Act has not grown beyond its core function of enabling waste levies through regulation."},"complexity_factors":["Only 6 operative sections total","Just 4 defined terms in the interpretation section","Minimal cross-referencing (only references to the EP Act, the Waste Avoidance and Resource Recovery Act 2007, and the Interpretation Act 1984)","Simple conditional logic — essentially 'if regulations prescribe a levy, then it is imposed and the licensee pays'","No nested exceptions or complex procedural requirements within the Act itself (flexibility is delegated to regulations)","Straightforward administrative structure with clear roles (Waste Authority advises, Minister recommends, Governor prescribes, licensee pays)"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a framework for charging a fee (called a \"levy\") on waste that gets dumped at licensed waste facilities in Western Australia. It doesn't set the actual dollar amount itself — instead, it gives the government power to make regulations that set the price later.\n\n**Who it affects:**\n\n*   **Waste facility operators** — specifically, anyone who holds a licence to run a waste disposal site (or should hold one under environmental laws). These operators are legally responsible for paying the levy.\n*   **The Waste Authority** — a government body that can advise the Minister on how much the levy should be.\n*   **The Minister and Governor** — who ultimately decide the levy rates through regulations.\n\n**How it works:**\n\n1.  The Waste Authority can recommend a levy amount to the Minister.\n2.  The Minister must consider this advice but doesn't have to follow it.\n3.  The Governor (acting on the Minister's recommendation) makes regulations setting the levy amount.\n4.  These regulations can:\n    *   Set different rates for different types of waste or situations\n    *   Include exceptions for certain cases\n    *   Specify how the levy is calculated (e.g., per tonne)\n    *   Allow for reimbursement of collection costs\n5.  Once set, the levy is \"imposed\" — meaning it becomes a legal charge.\n6.  The licensed operator of the waste facility must pay it.\n\n**Why it matters:**\n\nThis is essentially a \"polluter pays\" mechanism. By putting a price on dumping waste, the government aims to discourage waste creation and encourage recycling and resource recovery. The money raised typically funds waste reduction programs and environmental initiatives. It's a short, technical piece of legislation that enables a significant environmental and economic tool."}},"importantCases":[],"_links":{"self":"/api/acts/waste-avoidance-and-resource-recovery-levy-act-2007","history":"/api/acts/waste-avoidance-and-resource-recovery-levy-act-2007/history","analysis":"/api/acts/waste-avoidance-and-resource-recovery-levy-act-2007/analysis","conflicts":"/api/acts/waste-avoidance-and-resource-recovery-levy-act-2007/conflicts","importantCases":"/api/acts/waste-avoidance-and-resource-recovery-levy-act-2007/important-cases","documents":"/api/acts/waste-avoidance-and-resource-recovery-levy-act-2007/documents"}}