{"id":"wa-local:albany-city-of-waste-local-law-2017","name":"Waste Local Law 2017","slug":"waste-local-law-2017","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437026,"registerId":"wa-local:albany-city-of-waste-local-law-2017-pdf-1775954050651","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Waste Local Law 2017","content":"!2018051GG!\n1271\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, TUESDAY, 10 APRIL 2018 No. 51 SPECIAL\nPUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.30 PM\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nWASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007\nLOCAL GOVERNMENT ACT 1995\n_________\nCITY OF ALBANY\n———————————\nWASTE LOCAL LAW 2017\n\n\n\n10 April 2018 GOVERNMENT GAZETTE, WA 1273\nWASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007\nLOCAL GOVERNMENT ACT 1995\nCITY OF ALBANY\nWASTE LOCAL LAW 2017\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 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\n10 April 2018 GOVERNMENT GAZETTE, WA 1275\nWASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007\nLOCAL GOVERNMENT ACT 1995\nCITY OF ALBANY\nWASTE LOCAL LAW 2017\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 Albany\nresolved on 27 February 2018 to make the following local law.\nPART 1—PRELIMINARY\n1.1 Short title\nThis is the City of Albany Waste Local Law 2017.\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\nPart 4 of the City of Albany Health Local Laws 2001, published in the Government Gazette on 17 April\n2002, is 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;\nbulk waste means domestic household items, such as furniture, timber products, stoves and\nrefrigerators with doors removed, e-waste and electronic items, steel and metal items;\ncarriageway has the meaning given to it in the Road Traffic Code 2000 and means the paved or\nmade portion of a thoroughfare, whether sealed or unsealed, used or intended for use by\nvehicles;\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;\ncommencement date means the date on which this local law commences operation under\nclause 1.2;\ncosts of the local government include administrative costs;\ncommercial purpose means for the purpose of this local law to remove bulk waste placed on the\nroad verge to sell for profit;\n\n1276 GOVERNMENT GAZETTE, WA 10 April 2018\nCouncil means the council of the local government;\ncycleway means a path, lane or way which is specifically designed and/or designated for bicycle\nuse;\ndistrict means the district of the local government;\nfootpath has the meaning given to it in the Road Traffic Code 2000. For the purpose of this local\nlaw a footpath is defined as a pavement intended for pedestrians (including wheelchair users)\nseparate from the road or street carriageway, and either located within or outside a road\nreserve;\nGreen waste means vegetative material as approved by 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;\nliquid refuse includes all washings from windows and vehicles, overflow, bleed off, condensate\nand drainage from air conditioning equipment including cooling towers and evaporative\ncoolers and other liquid used for cooling purposes and swimming pool discharges;\nliquid waste means bathroom, kitchen, scullery and laundry wastes, all washings from animal\nand poultry pens and any other domestic or trade wastes that are discharged by means of a\ndrain to a receptacle for drainage;\nlocal government means City of Albany;\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;\nprescribed area means the prescribed area that is defined in writing and approved by the local\ngovernment;\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) which has been approved by the local government; and\n(b) the waste from which is collected and removed from the premises by the local government\nor 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); or\n(vi) 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;\nrefuse includes any rubbish, filth, dirt, ashes, vegetation, garden refuse, waste material, waste\nfood, sludge, offensive matter, cinders, wood or metal shavings and sawdust but does not\ninclude liquid waste or liquid refuse;\nright of way means a portion of land that is—\n(a) shown and marked ‘Right of Way’ or ‘R.O.W’, or coloured or marked in any other way to\nsignify that the portion of land is a right of way, on any plan or diagram deposited with\nthe Registrar of Titles that is subject to the provisions of section 167A of the Transfer of\nLand Act 1893;\n(b) shown on a diagram or plan of survey relating to a subdivision that is crated as a right of\nway and vested in the Crown under section 152 of the Planning and Development\nAct 2005; or\n\n10 April 2018 GOVERNMENT GAZETTE, WA 1277\n(c) shown and marked as a right of way on a map or plan deposited with the Registrar of\nTitles and transferred to the Crown under the Transfer of Land Act 1893, but does not\ninclude—\n(i) private driveway; or\n(ii) a right of way created by easement between two parties;\nschedule means a Schedule to this local law;\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;\nvector of disease includes an arthropod or rodent that transmits, by biological or mechanical\nmeans, an infectious agent from a source or reservoir to a person, and includes fleas, bedbugs,\ncrab lice, body lice and head lice;\nvehicle includes every conveyance not being a train, vessel or aircraft, and every object capable of\nbeing propelled or drawn on wheels by any means, and, where the context permits, an animal\nbeing driven or ridden;\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 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.\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 belonging to other premises without the consent of\nthe 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\n1278 GOVERNMENT GAZETTE, WA 10 April 2018\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\n(1) For the purpose of this clause, a ‘reasonable period’ means on the evening prior to collection day or\non collection day.\n(2) An 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) if a receptacle requires to be emptied of waste, take reasonable steps to place a receptacle for\ncollection on the verge adjoining the premises, or other area as determined by the local\ngovernment, ensure that, within a reasonable period before collection time, each receptacle\nis—\n(i) within 1 metre of the carriageway;\n(ii) does not unduly obstruct any footpath, cycle way, right-of-way or carriageway; and\n(iii) facing squarely to the edge of and opening towards the carriageway, or in such other\nposition as is approved in writing by the local government or an authorised person;\n(c) take reasonable steps to ensure that an adequate number of receptacles are provided and\nused for 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(2) (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).\n\n10 April 2018 GOVERNMENT GAZETTE, WA 1279\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(2)(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 receptacles are provided to\ncontain all waste which accumulates or may accumulate in or from the premises;\n(b) ensure that each waste receptacle is kept in good condition and repair;\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 waste receptacle; and\n(iii) ensure that each waste 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 waste 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, a receptacle provided for the use of the general public in a public\nplace.\nPART 4—OPERATION OF WASTE FACILITIES\n4.1 Operation of this Part\nThis Part applies to a person who enters a waste facility.\n\n1280 GOVERNMENT GAZETTE, WA 10 April 2018\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(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(2)(b);\n(b) an exemption under clause 2.8(2);\n(c) an approval under clause 2.9(1)(c);\n(d) an approval under clause 2.10(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.\n\n10 April 2018 GOVERNMENT GAZETTE, WA 1281\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; 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————\nSCHEDULE 1—MEANING OF ‘NON-COLLECTABLE WASTE’\n[Clause 1.5]\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—PRESCRIBED 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 receptacle $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 receptacle $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 of a receptacle\n$250\n11 2.7(2)(a) Failing to keep a receptacle in the required location $250\n\n1282 GOVERNMENT GAZETTE, WA 10 April 2018\nItem\nNo. Clause No. Description Modified\nPenalty\n12 2.7(2)(b) Failing to place a receptacle for collection in a lawful position $250\n13 2.7(2)(c) Failing to provide a sufficient number of receptacles $250\n14 2.7(2)(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 2.10(1) and (2) Failing 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 leaving in disarray waste deposited for\ncollection\n$250\n21 3.1(a) Failing to provide a sufficient number of receptacles $250\n22 3.1(b) Failing to keep a waste receptacle 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\nreceptacle\n$350\n24 3.1(c)(ii) Failing to prevent the emission of offensive odours from a\nreceptacle\n$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 a waste receptacle\n$300\n27 3.2(1) Unauthorised removal of waste from premises $250\n28 3.2(2) Removing waste from a waste receptacle without approval $250\n29 3.3(a) Depositing unauthorised waste into waste receptacle provided\nfor use of the general public\n$350\n30 3.3(b) Removing waste from waste receptacle provided for use of the\ngeneral 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 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, damaging or interfering with any flora $300\n39 4.6(1)(e) Removing, injuring or interfering 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 this 14th day of March 2018.\nThe Common Seal of the City of Albany was affixed by the authority of the resolution of Council in the\npresence of—\nDENNIS WELLINGTON, Mayor.\nANDREW SHARPE, Chief Executive Officer.\n————\nConsented to—\nMIKE ROWE, Chief Executive Officer,\nDepartment of Water and Environmental Regulation.\nDated this 22nd day of November 2017.\n———————————","sortOrder":0}],"analysis":{"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 Part 4 of the 2001 Health Local Laws (as noted in clause 1.4) and operates under the specific enabling powers of the Waste Avoidance and Resource Recovery Act 2007 and Local Government Act 1995. The scope remains focused on municipal waste services, bin management, and waste facility operations without significant expansion beyond typical local government waste regulation."},"complexity_factors":["Moderate length (approximately 12 pages in the Gazette) with 5 Parts and 2 Schedules","27 defined terms in clause 1.5, including technical waste classifications (PET, HDPE, PVC, LDPE, PP plastics)","Cross-references to three separate Acts (Waste Avoidance and Resource Recovery Act 2007, Local Government Act 1995, Road Traffic Code 2000) and associated regulations","Nested conditional logic in clause 2.7(2)(b) specifying precise placement requirements (within 1 metre of carriageway, not obstructing footpaths, facing squarely to edge)","Multiple exemption clauses (2.8) and exception clauses (2.9(2)-(4), 2.10(4)) that carve out specific circumstances where general prohibitions don't apply","Detailed penalty schedule (Schedule 2) with 41 separate prescribed offences and varying modified penalties ($50 to $500)","Joint and several liability imposed on owners and occupiers (clause 1.5(2))","Annual notification requirements for determinations (clause 1.6) creating ongoing administrative obligations"],"plain_english_summary":"This local law governs waste collection and use of Council waste facilities in the City of Albany. It requires proper use and placement of bins, safe disposal of hazardous or bulky items, and standards to prevent pests and nuisances, while allowing the Council to run verge and bulk collections. It affects residents, property owners, businesses and anyone using Council tips — protecting public health, improving recycling effectiveness and enabling fines for non‑compliance."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The local law expressly repeals Part 4 of the City of Albany Health Local Laws 2001 (clause 1.4) and replaces waste regulation across the entire district (clause 1.3). It consolidates and updates duties, receptacle rules, verge-collection and waste-facility operation, while limiting ongoing delegation by requiring annual local public notice for determinations (clause 1.6)."},"complexity_factors":["Extensive defined terms that determine duty-holders and scope (clause 1.5).","Delegation to 'authorised person' and broad discretion to make determinations, signs and directions (clauses 1.5, 1.6, 2.6, 4.3).","Interaction with State Acts and regulations (WARR Act, LG Act) for fees, powers and appeal routes (clauses 1.7–1.8, 5.1).","Operational technical rules and limits (receptacle capacities, weight limits, acceptable/ non-collectable waste) creating compliance burdens (clauses 2.2–2.5; Schedule 1).","Licence-like exemptions and approvals with conditional grants and revocation (clause 2.8; clauses 3.2–3.3).","Detailed enforcement framework: prescribed offences, modified penalties and cost recovery for remedial action (Part 5; Schedule 2; clause 5.3).","Annual public-notice requirement for determinations creates recurring administrative tasks and limits open-ended delegations (clause 1.6).","Multiple compliance points for private behaviour (placement, timing, waste sorting, verge rules) increasing monitoring complexity (clauses 2.7, 2.10, 3.1)."],"plain_english_summary":"This local law sets mandatory rules for storage, sorting, collection and disposal of household and public waste across the City of Albany. It prescribes receptacle types and capacities, verge-collection rules, use and operation of council waste facilities, fees, exemptions and penalties. It primarily affects owners and occupiers (who must provide, maintain and present receptacles and pay fees) and users of waste facilities; the council and authorised persons determine classifications, hours, determinations and exemptions (see clauses 1.5, 1.6, 2.7–2.8, 4.2–4.4)."}},"importantCases":[],"_links":{"self":"/api/acts/waste-local-law-2017","history":"/api/acts/waste-local-law-2017/history","analysis":"/api/acts/waste-local-law-2017/analysis","conflicts":"/api/acts/waste-local-law-2017/conflicts","importantCases":"/api/acts/waste-local-law-2017/important-cases","documents":"/api/acts/waste-local-law-2017/documents"}}