{"id":"a-2016-51","name":"Waste Management and Resource Recovery Act 2016","slug":"waste-management-and-resource-recovery-act-2016","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"51 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24588,"registerId":"act-a-2016-51-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Waste Management and Resource Recovery Act 2016.\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘affected person for an original\ndecision, for part 16 (Reconsideration of decisions)—see section 114.’\nmeans that the term ‘affected person’ is defined in that section for part 16.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPreliminary Part 1\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Relationship with Emergencies Act 2004","content":"6 Relationship with Emergencies Act 2004\n(1) This Act does not apply to the exercise or purported exercise by a\nrelevant person of a function under the Emergencies Act 2004 for the\npurpose of protecting life or property, or controlling, extinguishing or\npreventing the spread of a fire.\n(2) In this section:\nemergency controller—see the Emergencies Act 2004, dictionary.\nemergency service—see the Emergencies Act 2004, dictionary.\nrelevant person means—\n(a) an emergency controller; or\n(b) the chief officer or a member of an emergency service; or\n(c) any other person under the control of—\n(i) an emergency controller; or\n(ii) the chief officer of an emergency service; or\n(d) a police officer.\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Relationship with other laws","content":"7 Relationship with other laws\nThis Act does not affect the operation of any other territory law.\n\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Objects of Act","content":"8 Objects of Act\nThe objects of this Act are to—\n(a) manage waste according to the following hierarchy:\n(i) minimise the generation of waste;\n(ii) maximise the recovery and re-use of resources;\n(iii) minimise the amount of waste that goes to landfill; and\n(b) support innovation and investment in waste management; and\n(c) promote responsibility for waste reduction; and\n(d) promote best-practice waste management.\n","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Principles to be taken into account","content":"9 Principles to be taken into account\n(1) The objects of this Act are to be achieved by taking into account the\nfollowing principles:\n(a) the inter-generational equity principle;\n(b) the polluter pays principle;\n(c) the precautionary principle;\n(d) the proximity principle;\n(e) the waste minimisation principle.\n(2) In this section:\ninter-generational equity principle means that the present generation\nshould ensure that the health, diversity and productivity of the\nenvironment is maintained or enhanced for the benefit of future\ngenerations.\n\nObjects and principles Part 2\npolluter pays principle means that polluters should bear the\nappropriate share of the costs that arise from their activities.\nprecautionary principle means that, if there is a threat of serious or\nirreversible environmental damage, a lack of full scientific certainty\nshould not be used as a reason for postponing measures to prevent\nenvironmental degradation.\nproximity principle means that waste and recovered resources should\nbe managed as close to the source of generation as possible.\nwaste minimisation principle means that waste is handled in a way\nthat minimises and, if practicable, eliminates harm to the\nenvironment.\n\n","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of waste","content":"10 Meaning of waste\nwaste includes the following:\n(a) any substance (whether solid, liquid or gaseous) that is\ndischarged, emitted or deposited in the environment in such\nvolume, constituency or manner as to cause an alteration in the\nenvironment;\n(b) any discarded, rejected, unwanted, surplus or abandoned\nsubstance, whether or not intended for sale, recycling,\nreprocessing, recovery or purification by a separate operation\nfrom that which produced it;\n(c) any other substance declared by regulation to be waste.\n","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of waste activity","content":"11 Meaning of waste activity\nwaste activity—\n(a) means any of the following activities carried out by a waste\nmanagement business:\n(i) collecting waste;\n(ii) transporting waste;\n\nImportant concepts Part 3\n(iii) storing, sorting, treating, processing, or disposing of waste;\nand\nExample—processing of waste\n• generating energy from waste material\nExample—disposing of waste\n• depositing waste in landfill\nNote 1 Collecting or transporting waste is carried out by a waste\ntransporter (see s 13).\nNote 2 Storing, sorting, treating, processing, or disposing of waste\nhappens at a waste facility (see s 14).\n(b) for part 9 (Codes of practice)—includes the generation of waste.\n","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of waste management business","content":"12 Meaning of waste management business\nwaste management business includes—\n(a) any of the following carried on, by a person or a group of people\nacting together, with the purpose of providing services in\nrelation to the handling of waste:\n(i) a trade, industry, business or profession;\n(ii) an activity carried on for a fee, benefit or reward; and\n(b) a person or activity prescribed by regulation.\n","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Meaning of waste transporter","content":"13 Meaning of waste transporter\nwaste transporter means a waste management business that does any\nof the following:\n(a) collects waste;\n(b) transports waste.\n\n","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":"Meaning of waste facility","content":"14 Meaning of waste facility\nwaste facility—\n(a) means a site used by a waste management business for the\nstorage, sorting, treatment, processing, or disposal of waste; but\n(b) does not include a reverse vending machine.\n","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"Meaning of waste facility licence","content":"15 Meaning of waste facility licence\nwaste facility licence means a licence issued under section 22.\n\nWaste manager Part 4\n","sortOrder":13},{"sectionNumber":"Part 4","sectionType":"part","heading":"Waste manager","content":"Part 4 Waste manager\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Appointment","content":"16 Appointment\n(1) The director-general must appoint a public servant as the Waste\nManager.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct, s 207).\n(2) However, the director-general may appoint a person as the waste\nmanager only if satisfied that the person has suitable qualifications\nand experience to exercise the functions of the waste manager.\n(3) An appointment is a notifiable instrument.\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Functions","content":"17 Functions\n(1) The waste manager’s functions are—\n(a) to administer this Act; and\n(b) any other function given to the waste manager by this Act or\nanother territory law.\n(2) In the exercise of the waste manager’s functions, the waste manager\nmust have regard to the objects and principles stated in part 2 (Objects\nand principles).\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity the powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 (1) and dict, pt 1, defs of entity and\nfunction).\n\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Requirement to hold a waste facility licence","content":"18 Requirement to hold a waste facility licence\nA person must not operate a waste facility unless the person holds a\nwaste facility licence.\nNote Section 107 (Unauthorised waste activity) makes it an offence to operate\na waste facility without a licence.\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Application for licence","content":"19 Application for licence\n(1) A person may apply to the waste manager for a licence.\n(b) include any information prescribed by regulation.\nNote Giving false or misleading information is an offence against the Criminal\nCode, s 338.\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Waste manager may request more information","content":"20 Waste manager may request more information\n(1) The waste manager may, by written notice, require an applicant for a\nlicence to give the waste manager more information—\n(a) that the waste manager believes on reasonable grounds to be\ninformation needed to decide the application; and\n(b) within a stated time; and\n(c) at a stated place.\n(2) If the applicant does not comply with a requirement in the notice, the\nwaste manager may refuse to consider the application further.\n\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Change of information must be provided","content":"21 Change of information must be provided\n(1) This section applies if the information in an application for a licence\nchanges before the application is decided.\n(2) The applicant must give the waste manager written notice of the\nparticulars of the change.\n","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Decision about application for licence","content":"22 Decision about application for licence\n(1) The waste manager must, not later than 56 days after the day the waste\nmanager receives an application under section 19—\nNote 1 Failure to approve an application within the required time is taken to be\na decision not to approve the application (see ACT Civil and\nAdministrative Tribunal Act 2008, s 12).\nNote 2 A decision under this section is a reviewable decision (see s 120).\n(2) However, before approving an application for a licence, the waste\nmanager must consult an entity, prescribed by regulation.\nNote Power to make a regulation includes power to make different provision\nin relation to different matters or different classes of matters, and to make\na regulation that applies differently by reference to stated exceptions or\nfactors (see Legislation Act, s 48).\n(3) Also, the waste manager—\n(a) may approve the application only if satisfied that the applicant\ncomplies, and is likely to continue to comply, with the\nrequirements of this Act; and\n\n(b) may refuse the application if—\n(i) the application is materially false or misleading; or\n(ii) the applicant has, within 2 years before the application was\nmade, committed an offence under this Act or a\ncorresponding law of a State.\n(4) If the waste manager refuses the application, the waste manager must\nas soon as practicable tell the applicant, in writing, the reason for the\nrefusal.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n(5) If the waste manager approves the application the waste manager\nmust, as soon as practicable after deciding the application—\n(a) tell the applicant—\n(i) that the application is approved; and\n(ii) that the applicant must pay a fee for the licence (the licence\nfee) before the licence can be issued; and\n(iii) the day the licence fee is due; and\n(b) allocate a unique number for the licence; and\n(c) as soon as practicable after the applicant has paid the licence\nfee—\n(i) issue the licence; and\n(ii) tell the applicant the unique number for the licence; and\n(d) enter details for the licence in the register of waste facility\nlicenses.\n\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Licence conditions","content":"23 Licence conditions\nA licence is subject to—\n(a) a condition that the licensee must comply with this Act; and\n(b) any other condition the waste manager imposes when issuing the\nlicence.\nExamples—conditions—par (b)\n1 stating how food waste must be managed at a waste facility\n2 imposing time limits on the storage of skips after collection, before the skips\nmust be taken to a waste facility\n3 stating that a waste facility may not receive certain types of waste\n4 imposing requirements about sorting or processing certain waste material\nbefore using the residual waste for energy generation\nNote 1 A decision under this section is a reviewable decision (see s 120).\n","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Form of licence","content":"24 Form of licence\n(1) A licence must—\n(b) include the following information:\n(i) the name of the licensee;\n(ii) a unique identifying number;\n(iii) the term of the licence;\n(iv) the conditions on the licence;\n(v) any other information prescribed by regulation.\n(2) A licence may include any other information the waste manager\nconsiders relevant.\n\n","sortOrder":23},{"sectionNumber":"25","sectionType":"section","heading":"Register of waste facility licences","content":"25 Register of waste facility licences\n(1) The waste manager must keep a register of waste facility licences.\n(2) The register must include—\n(a) information, if any, prescribed by regulation; and\n(b) any other information the waste manager considers relevant.\n(3) The waste manager—\n(a) may correct an error or omission in the register; and\n(b) must change a detail included in the register to keep the register\naccurate and up-to-date.\n(4) The waste manager must, without charge—\n(a) make the register available to an authorised person; and\n(b) make the information in the register prescribed by regulation for\nthis paragraph available to the public in 1 or more of the\nfollowing ways:\n(i) making the information available for inspection during\nordinary office hours at an ACT government office;\n(ii) making the information accessible on an ACT government\nwebsite, or by a link on an ACT government website;\n(iii) if a person requests a copy of the information—giving the\nperson a copy of the information.\nNote The Territory privacy principles apply to the waste manager in relation\nto personal information held in the register (see Information Privacy\nAct 2014).\n","sortOrder":24},{"sectionNumber":"26","sectionType":"section","heading":"Licensee must update details","content":"26 Licensee must update details\n(1) This section applies if, to the knowledge of a licensee, any of the\ninformation mentioned in section 25 (2) changes.\n\n(2) The licensee must tell the waste manager, in writing, about the\nchange.\n","sortOrder":25},{"sectionNumber":"27","sectionType":"section","heading":"Licence not transferable","content":"27 Licence not transferable\nA licence issued to a licensee may not be transferred to another\nperson.\n","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":"Surrender of licence","content":"28 Surrender of licence\n(1) A licensee may surrender a licence by giving the waste manager\nwritten notice (a surrender notice) of an intention to surrender the\nlicence.\n(2) A surrender notice—\n(a) must include the following information:\n(i) the name of the licensee;\n(ii) the unique number for the surrendered licence;\n(iii) the day on which the surrender notice is given to the waste\nmanager by the licensee;\n(iv) any other information prescribed by regulation; and\n(b) may nominate a day, that is on or after the day on which the\nsurrender notice is given to the waste manager, on which the\nlicensee wishes the surrender to take effect.\n(3) The surrender of a licence takes effect on whichever of the following\nhappens first—\n(a) the day that is—\n(i) if the surrender notice does not nominate a day on which\nthe surrender takes effect—28 days after the day the\nsurrender notice is given to the waste manager; or\n\n(ii) if the surrender notice does nominate a day on which the\nsurrender takes effect—the later of—\n(A) the nominated day; and\n(B) the day the surrender notice is given to the waste\nmanager; and\n(b) if the licensee fails to pay the fee for the licence that is the\nsubject of the surrender notice on the day (the payment day) the\nfee for the licence next becomes payable—the day after the\npayment day.\nNote The day on which a licence ends is determined under s 29.\n","sortOrder":27},{"sectionNumber":"29","sectionType":"section","heading":"Term of licence","content":"29 Term of licence\nA licence—\n(a) begins on the day after the day the licence fee is paid; and\n(b) ends on whichever of the following happens first:\n(i) if the licence is surrendered—the day the surrender of the\nlicence takes effect under section 28 (Surrender of\nlicence);\n(ii) if the licence is cancelled—the day the licence cancellation\ntakes effect under section 46 (4) (Taking regulatory\naction);\n(iii) if the licensee fails to pay the fee for the licence by the day\n(the payment day) the fee for the licence next becomes\npayable—the day after the payment day;\n(iv) the day stated in the licence.\n\n","sortOrder":28},{"sectionNumber":"30","sectionType":"section","heading":"Requirement to be registered as waste transporter","content":"30 Requirement to be registered as waste transporter\nA person must not operate as a waste transporter unless the person is\nregistered.\nNote Section 107 (Unauthorised waste activity) makes it an offence to carry on\nbusiness as a waste transporter if not registered.\n","sortOrder":29},{"sectionNumber":"31","sectionType":"section","heading":"Application to be registered","content":"31 Application to be registered\n(1) A person may apply to the waste manager to be registered as a waste\ntransporter.\n(b) include any information prescribed by regulation.\nNote Giving false or misleading information is an offence against the Criminal\nCode, s 338.\n","sortOrder":30},{"sectionNumber":"32","sectionType":"section","heading":"Waste manager may request more information","content":"32 Waste manager may request more information\n(1) The waste manager may, by written notice, require an applicant\napplying to be registered to give the waste manager more\ninformation—\n(a) that the waste manager believes on reasonable grounds to be\ninformation needed to decide the application; and\n(b) within a stated time; and\n(c) at a stated place.\n(2) If the applicant does not comply with a requirement in the notice, the\nwaste manager may refuse to consider the application further.\n\n","sortOrder":31},{"sectionNumber":"33","sectionType":"section","heading":"Change of information must be provided","content":"33 Change of information must be provided\n(1) This section applies if the information in an application under\nsection 31 changes before the application is decided.\n(2) The applicant must give the waste manager written notice of the\nparticulars of the change.\n","sortOrder":32},{"sectionNumber":"34","sectionType":"section","heading":"Decision about application for registration","content":"34 Decision about application for registration\n(1) The waste manager must, not later than 30 days after the day the waste\nmanager receives an application under section 31 (Application to be\nregistered)—\nNote 1 Failure to approve an application is taken to be a decision refusing to\napprove the application (see ACT Civil and Administrative Tribunal\nAct 2008, s 12).\nNote 2 A decision under this section is a reviewable decision (see s 120).\n(2) However, the waste manager—\n(a) may approve the application only if satisfied that the applicant\ncomplies, and is likely to continue to comply, with the\nrequirements of this Act; and\n(b) may refuse the application if—\n(i) the application is materially false or misleading; or\n(ii) the applicant has, within 2 years before the application was\nmade, committed an offence under this Act or a\ncorresponding law of a State.\n\n(3) If the waste manager refuses the application, the waste manager must\nas soon as practicable tell the applicant in writing the reason for the\nrefusal.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n(4) If the waste manager approves the application the waste manager\nmust—\n(a) as soon as practicable after deciding the application, tell the\napplicant—\n(i) that the application is approved; and\n(ii) that the applicant must pay a fee for the registration (the\nregistration fee) before the applicant’s details can be\nentered in the register; and\n(iii) the day the registration fee is due; and\n(b) as soon as practicable after the applicant has paid the registration\nfee—\n(i) enter the applicant’s details in the register of waste\ntransporters; and\n(ii) allocate a unique registration number (a registration\nnumber) for the registered person; and\n(iii) tell the registered person, in writing, that the person has\nbeen registered and the person’s registration number.\n","sortOrder":33},{"sectionNumber":"34A","sectionType":"section","heading":"Registration conditions","content":"34A Registration conditions\nA waste transporter registration is subject to—\n(a) a condition that the registered waste transporter must comply\nwith this Act; and\n\n(b) any other condition the waste manager imposes on the\nregistration when the application is approved.\nExamples—par (b)\n1 limiting the kind and quantity of waste to be transported\n2 requiring a kind of waste to be transported in a particular way\nNote 1 A decision under this section is a reviewable decision (see s 120).\n","sortOrder":34},{"sectionNumber":"35","sectionType":"section","heading":"Waste transporter must display registration number","content":"35 Waste transporter must display registration number\n(1) A registered waste transporter must, within 30 days after being told\nthe waste transporter’s registration number, display the number\nclearly and permanently on any vehicle used by the registered waste\ntransporter for transporting waste.\n(2) A regulation may prescribe requirements for the display of a\nregistration number.\n","sortOrder":35},{"sectionNumber":"36","sectionType":"section","heading":"Entry in register not transferable","content":"36 Entry in register not transferable\nThe registration of a waste transporter may not be transferred to\nanother person.\n","sortOrder":36},{"sectionNumber":"37","sectionType":"section","heading":"Register of waste transporters","content":"37 Register of waste transporters\n(1) The waste manager must keep a register of registered waste\ntransporters.\n(2) The register must include—\n(a) information, if any, prescribed by regulation; and\n(b) any other information the waste manager considers relevant.\n(3) The waste manager—\n(a) may correct an error or omission in the register; and\n\n(b) must change information included in the register to keep the\nregister accurate and up-to-date.\n(4) The waste manager must, without charge—\n(a) make the register available to an authorised person; and\n(b) make the information in the register prescribed by regulation for\nthis paragraph available to the public in 1 or more of the\nfollowing ways:\n(i) making the information available for inspection during\nordinary office hours at an ACT government office;\n(ii) making the information accessible on an ACT government\nwebsite, or by a link on an ACT government website;\n(iii) if a person requests a copy of the information—giving the\nperson a copy of the information.\nNote The Territory privacy principles apply to the waste manager in relation\nto personal information held in the register (see Information Privacy\nAct 2014).\n","sortOrder":37},{"sectionNumber":"38","sectionType":"section","heading":"Waste transporter must update details","content":"38 Waste transporter must update details\n(1) This section applies if, to the knowledge of a registered waste\ntransporter, any of the information mentioned in section 37 (2)\nchanges.\n(2) The registered waste transporter must tell the waste manager, in\nwriting, about the change.\n","sortOrder":38},{"sectionNumber":"41","sectionType":"section","heading":"Termination of registration by registered waste","content":"41 Termination of registration by registered waste\ntransporter\n(1) A registered waste transporter may terminate its registration by giving\nthe waste manager written notice of intention to terminate the\nregistration (a termination notice).\n\n(2) A registration terminated in accordance with subsection (1) takes\neffect on whichever of the following happens first:\n(a) if the termination notice does not state a date on which the\nregistration takes effect—the day that is 4 weeks after the day\nthe notice is given to the waste manager;\n(b) if the termination notice states a date on which the registration\ntakes effect—the stated date;\n(c) the day on which the next fee for registration becomes payable.\n","sortOrder":39},{"sectionNumber":"42","sectionType":"section","heading":"Term of registration","content":"42 Term of registration\nA waste transporter’s registration—\n(a) begins on the day the waste manager enters the waste\ntransporter’s details in the register of waste transporters; and\n(b) ends on whichever of the following happens first:\n(i) if the registration is terminated—the day the termination of\nthe registration takes effect under section 41 (Termination\nof registration by registered waste transporter);\n(ii) if the registration is cancelled—the day registration\ncancellation takes effect under section 46 (3) (Taking\nregulatory action);\n(iii) if the waste transporter fails to pay the fee for the\nregistration by the day (the payment day) the fee for the\nregistration next becomes payable—the day after the\npayment day;\n(iv) the day stated in the registration.\n\n","sortOrder":40},{"sectionNumber":"43","sectionType":"section","heading":"Definitions—pt 7","content":"43 Definitions—pt 7\nregulatory action, against a person, means—\n(a) if the person is a licensee—any of the following actions:\n(i) imposing, or amending, a condition on the licence;\n(ii) suspending the licence for either a fixed period or until a\nparticular event happens;\n(iii) disqualifying the licensee from applying for another\nlicence for a fixed period or until a particular event\nhappens;\n(iv) cancelling the licence; or\n(b) if the person is a registered waste transporter—any of the\nfollowing actions:\n(i) imposing or amending a condition on the registration;\n(ii) suspending the registration for either a fixed period or until\na particular event happens;\n(iii) disqualifying the person from applying for registration for\na fixed period or until a particular event happens;\n(iv) cancelling the registration of the person.\nshow cause notice—see section 45 (1).\n\n","sortOrder":41},{"sectionNumber":"44","sectionType":"section","heading":"Waste manager may consider regulatory action against","content":"44 Waste manager may consider regulatory action against\nperson\nThe waste manager may consider taking regulatory action against a\nlicensee, or a registered waste transporter, only if the waste manager\nis satisfied on reasonable grounds that—\n(a) for action against a licensee—the person engaged in any of the\nfollowing conduct:\n(i) stopped operating a waste facility that is the subject of the\nlicence;\n(ii) used false or misleading information to obtain the licence;\n(iii) contravened a condition of the licence;\n(iv) failed to comply with a provision of this Act; or\n(b) for action against a registered waste transporter—the registered\nwaste transporter engaged in any of the following conduct:\n(i) used false or misleading information to become a\nregistered waste transporter;\n(ii) contravened a condition of being registered;\n(iii) failed to comply with a provision of this Act.\n","sortOrder":42},{"sectionNumber":"45","sectionType":"section","heading":"Notification of proposed regulatory action","content":"45 Notification of proposed regulatory action\n(1) If the waste manager proposes taking regulatory action against a\nperson, the waste manager must give the person a written notice\n(a show cause notice) stating—\n(a) the grounds on which, under section 44, the waste manager\nconsiders regulatory action may be taken; and\n\n(b) details of the proposed regulatory action; and\n(c) that the person may, not later than 14 days after the day the\nperson is given the notice, give a written submission to the waste\nmanager about the proposed regulatory action.\n(2) The waste manager must consider any submission received by the\nwaste manager in response to the show cause notice when making a\ndecision to take or not take regulatory action against the person.\n(3) However, subsection (2) does not apply if the waste manager gives\nthe person an immediate suspension notice under\nsection 48 (Immediate suspension of licence or registration if risk to\npublic safety).\n","sortOrder":43},{"sectionNumber":"46","sectionType":"section","heading":"Taking regulatory action","content":"46 Taking regulatory action\n(1) This section applies if the waste manager—\n(a) has considered a submission mentioned in section 45 (2)\nreceived from a person; and\n(b) is satisfied on reasonable grounds that it is appropriate, in all the\ncircumstances, to take the regulatory action.\n(2) The waste manager may—\n(a) if the proposed regulatory action is imposing or amending a\ncondition on a licence, or on a registration—impose or amend\nthe condition; or\n(b) if the proposed regulatory action is suspending a licence or a\nregistration—take any of the following action:\n(i) the action mentioned in paragraph (a);\n(ii) suspend the licence or registration for a period; or\n\n(c) if the proposed regulatory action is disqualifying a person from\napplying for a further licence or further registration—take any\nof the following action:\n(i) the action mentioned in paragraph (b);\n(ii) disqualify the person from applying for a further licence or\nfurther registration for a period; or\n(d) if the proposed regulatory action is cancelling a licence or a\nregistration—take any of the following action:\n(i) the action mentioned in paragraph (c);\n(ii) cancel the licence or registration.\nNote A decision under this subsection is a reviewable decision (see s 120).\n(3) Before taking regulatory action against a person under this section the\nwaste manager must tell the person, by written notice (a notice of\nregulatory action)—\n(a) the regulatory action that will be taken; and\n(b) the day on which the regulatory action takes effect (the day of\neffect).\n(4) Regulatory action takes effect against a person on the day of effect.\n(5) In this section:\nproposed regulatory action, in relation to a person, means regulatory\naction mentioned in a show cause notice given to the person under\nsection 45 (1).\n\n","sortOrder":44},{"sectionNumber":"47","sectionType":"section","heading":"Not taking regulatory action","content":"47 Not taking regulatory action\n(1) This section applies if, after considering a submission under\nsection 45 (2) received from a person, the waste manager is satisfied\non reasonable grounds that regulatory action against the person—\n(a) may not be taken; or\n(b) may be taken, but that in all the circumstances it is not\nappropriate to take the action.\n(2) The waste manager must give the person written notice telling the\nperson that regulatory action will not be taken against the person in\nrelation to the matters raised in the show cause notice.\n","sortOrder":45},{"sectionNumber":"48","sectionType":"section","heading":"Immediate suspension of licence or registration if risk to","content":"48 Immediate suspension of licence or registration if risk to\npublic safety\n(a) the waste manager gives a show cause notice, under\nsection 45 (1), to a person; and\n(b) having regard to the grounds stated in the notice, the waste\nmanager believes on reasonable grounds that the person’s\nlicence or registration in the register of waste transporters should\nbe suspended immediately because of a risk to public safety.\n(2) The waste manager must give the person a written notice\n(an immediate suspension notice) suspending the person’s licence or\nregistration.\n(3) A suspension under this section takes effect when the immediate\nsuspension notice is given to the licensee.\n(4) A suspension under this section ends—\n(a) if regulatory action is taken against the person—when\nwhichever of the following happens first:\n(i) regulatory action takes effect;\n\n(ii) 30 days after the day the immediate suspension notice is\ngiven to the person; or\n(b) if regulatory action is not taken against the person—when\nwhichever of the following happens first:\n(i) when the person is given written notice of the waste\nmanager’s decision not to take regulatory action;\n(ii) 30 days after the day the immediate suspension notice is\ngiven to the person.\n","sortOrder":46},{"sectionNumber":"49","sectionType":"section","heading":"Effect of suspension","content":"49 Effect of suspension\n(1) A suspended licence or registration does not authorise the carrying on\nof any activity under the licence or registration during the suspension.\n(2) If the waste manager suspends a licence or registration, the person\nwhose licence or registration is suspended is, during the suspension—\n(a) taken not to—\n(i) hold the licence; or\n(ii) be registered; and\n(b) disqualified from applying for a licence or registration.\n","sortOrder":47},{"sectionNumber":"50","sectionType":"section","heading":"Offence—fail to return amended, suspended or cancelled","content":"50 Offence—fail to return amended, suspended or cancelled\n(a) the person was issued a licence; and\n(b) the waste manager decides to amend, suspend or cancel the\nlicence in a decision made under this part; and\n\n(c) the person fails to return the licence to the waste manager\nwithin 7 days after the day the person is given a reviewable\ndecision notice under section 119 (Notice of decisions on\nreconsideration) about the decision.\nMaximum penalty: 10 penalty units.\n","sortOrder":48},{"sectionNumber":"51","sectionType":"section","heading":"Action by waste manager in relation to amended or","content":"51 Action by waste manager in relation to amended or\nsuspended licence\n(a) a licence is amended or suspended under this part; and\n(b) the licence is returned to the waste manager.\n(2) For an amended licence, the waste manager must—\n(a) return the amended licence to the licensee; or\n(b) give the licensee a replacement licence that includes the\namendment.\n(3) For a suspended licence, if the suspension ends before the end of the\nterm of the licence, the waste manager must return the licence to the\nlicensee when the suspension ends.\n\n","sortOrder":49},{"sectionNumber":"52","sectionType":"section","heading":"Waste manager may require financial assurance","content":"52 Waste manager may require financial assurance\n(1) The waste manager may require a licensee to provide a financial\nassurance to the waste manager if satisfied that the assurance is\njustified to ensure compliance with a licence.\n(2) Before requiring a financial assurance under subsection (1), the waste\nmanager must consider—\n(a) the nature of the waste activity; and\n(b) the compliance record of the licensee; and\n(c) the likelihood that remedial action will be necessary if the\nlicensee fails to comply with a condition of the licence.\n(3) A financial assurance must be in the form of—\n(a) an unconditional bank guarantee; or\n(b) a bond; or\n(c) an insurance policy; or\n(d) another form of security that the waste manager considers\nappropriate.\n(4) The waste manager must not require a financial assurance of an\namount greater than the total amount that the waste manager\nreasonably believes is necessary to remedy the foreseeable harm that\ncould result from the failure to comply with the licence.\n(5) A financial assurance must be provided—\n(a) for the period stated in the licence; or\n(b) if no period is stated, until the end of the licence.\n\n(6) The waste manager may require the licensee to give a financial\nassurance under this part, even though the person has given a financial\nassurance under the Environment Protection Act 1997, division 9.4.\n","sortOrder":50},{"sectionNumber":"53","sectionType":"section","heading":"Show cause why financial assurance should not be","content":"53 Show cause why financial assurance should not be\nprovided\n(1) If the waste manager proposes to issue a licence subject to a condition\nrequiring a financial assurance, the waste manager must give written\nnotice of the waste manager’s intention to impose the condition to the\nperson who applies for the licence (the applicant).\n(2) A notice under subsection (1) must—\n(a) state the grounds on which the condition is proposed; and\n(b) state the amount and form of the financial assurance proposed;\nand\n(c) invite the applicant to show cause why the condition should not\nbe imposed; and\n(d) state the date, not earlier than 20 working days after the date of\nthe notice, by which any representations under paragraph (c)\nmust be made.\n(3) Within 20 working days after the end of the period allowed under\nsubsection (2) (d) for representations, the waste manager must—\n(a) tell the applicant whether or not the condition will be imposed;\nand\n(b) if it will be imposed—state in the notice the date, not earlier than\n10 working days after the date of the notice, by which the\nfinancial assurance must be provided.\n","sortOrder":51},{"sectionNumber":"54","sectionType":"section","heading":"Non-provision of financial assurance","content":"54 Non-provision of financial assurance\nIf a financial assurance required as a condition of a licence is not\nprovided by the due date, the waste manager must cancel the licence.\n\n","sortOrder":52},{"sectionNumber":"55","sectionType":"section","heading":"Claim on or realisation of financial assurance","content":"55 Claim on or realisation of financial assurance\n(1) This section applies if the waste manager incurs, or will incur, costs\nand expenses in taking action to remedy harm—\n(a) caused, or likely to be caused, by failure to comply with a\nlicence; and\n(b) that is within the class of harm in relation to which the financial\nassurance may be claimed or realised; and\n(c) that was not allowed under this Act.\n(2) The waste manager may recover the reasonable costs and expenses of\ntaking the action by making a claim on or realising the financial\nassurance or part of it.\n","sortOrder":53},{"sectionNumber":"56","sectionType":"section","heading":"Notice before claim on or realisation of financial","content":"56 Notice before claim on or realisation of financial\nassurance\n(1) Before acting under section 55 (2), the waste manager must give to\nthe licensee in relation to which the financial assurance was provided,\na written notice—\n(a) stating the harm caused, or likely to be caused, by the failure to\ncomply with the licence; and\n(b) giving details of the action taken, or to be taken, to remedy the\nharm; and\n(c) stating the amount of the financial assurance to be claimed or\nrealised; and\n(d) inviting the licensee to make a written representation to the\nwaste manager by a stated date, not earlier than 20 working days\nafter the date of the notice, to show why the financial assurance\nshould not be claimed or realised as proposed.\n\n(2) The waste manager must, within 20 working days after the date stated\nin the invitation under subsection (1) (d) and taking into account any\nrepresentations made in response to the invitation—\n(a) decide whether or not to make a claim on or realise the financial\nassurance or part of it; and\n(b) give the licensee written notice of the decision.\n","sortOrder":54},{"sectionNumber":"57","sectionType":"section","heading":"Financial assurance not affect other action","content":"57 Financial assurance not affect other action\nA financial assurance may be called on and used, despite and without\naffecting—\n(a) the liability of a licensee or former licensee to any penalty for\nan offence for a contravention to which the assurance relates;\nand\n(b) any other action that might be taken or is required to be taken in\nrelation to any contravention or other circumstances to which\nthe assurance relates.\n","sortOrder":55},{"sectionNumber":"58","sectionType":"section","heading":"Recovery of extra costs","content":"58 Recovery of extra costs\n(1) This section applies if the amount recovered by the waste manager by\na claim on or by realising a financial assurance (the realised\nassurance) is less than the reasonable costs and expenses that the\nwaste manager incurred or will incur in taking action to remedy the\nharm caused, or likely to be caused, by a failure to comply with a\ncondition of a licence (the reasonable costs and expenses).\n(2) The waste manager may give the licensee written notice requiring the\nlicensee to pay a stated amount that is the difference between the\nreasonable costs and expenses and the realised assurance.\n(3) The notice must state the date, not earlier than 20 working days after\nthe date of the notice, by which the stated amount is required to be\npaid.\n\n(4) Subsection (5) applies if—\n(a) the waste manager has given a licensee written notice under\nsubsection (2); and\n(b) the licensee has failed to pay the stated amount by the stated\ndate.\n(5) Any part of the stated amount that remains unpaid, together with\ninterest on the unpaid amount, is a debt due to the Territory by the\nholder.\nNote A rate of interest may be determined under s 126 for s (5).\n","sortOrder":56},{"sectionNumber":"59","sectionType":"section","heading":"Money held by Territory as financial assurance","content":"59 Money held by Territory as financial assurance\n(1) If an amount of money is held by the Territory as a financial assurance\nor part of a financial assurance in relation to a licence, the following\nprovisions apply:\n(a) interest accrues on so much of the original amount as from time\nto time remains unclaimed by the waste manager under\nsection 55 (Claim on or realisation of financial assurance);\nNote A rate of interest may be determined under s 126 for par (a).\n(b) for any claim the waste manager may make under section 55,\nthe financial assurance is taken to include any accrued interest\nother than interest to which the licensee is entitled to be paid\nunder paragraph (c);\n(c) during the period the financial assurance is required, on each\nanniversary of the payment of the original amount, the licensee\nis entitled to be paid by the Territory so much of the interest that\naccrued during the year that ended on the day before the\nanniversary as remains unclaimed by the waste manager under\nsection 55.\n\n(2) Subsection (3) applies if—\n(a) the financial assurance is no longer required by the waste\nmanager; or\n(b) the licence has ended.\n(3) The Territory must pay to the licensee any part of the original amount\nand accrued interest that remains unclaimed by the waste manager\nunder section 55.\n\n","sortOrder":57},{"sectionNumber":"60","sectionType":"section","heading":"Code of practice—approval","content":"60 Code of practice—approval\n(1) The Minister may approve a code of practice in relation to a waste\nactivity.\nExamples—codes of practice in relation to a waste activity\n1 code of practice for disposal of waste from a demolition or construction site\n2 code of practice for collection, handling and treatment of putrescibles waste\n3 code of practice for storage and placement for collection of domestic waste\n(2) An approved code of practice may apply, adopt or incorporate an\ninstrument, as in force from time to time.\nNote 1 The text of an applied, adopted or incorporated instrument, whether\napplied as in force from time to time or at a particular time, is taken to be\na notifiable instrument if the operation of the Legislation Act, s 47 (5) or\n(6) is not disapplied (see s 47 (7)).\nNote 2 A reference to an instrument includes a reference to a provision of an\ninstrument (see Legislation Act, s 14 (2)).\n(3) An approved code of practice is a disallowable instrument.\n","sortOrder":58},{"sectionNumber":"61","sectionType":"section","heading":"Failure to comply with approved code of practice","content":"61 Failure to comply with approved code of practice\n(a) an approved code of practice applies to the person; and\n(b) the person engages in conduct; and\n(c) the conduct results in a failure to comply with a requirement of\nthe approved code of practice; and\n(d) the person is reckless about whether the conduct complies with\nthe approved code of practice.\n\nCodes of practice Part 9\n(2) A person commits an offence if—\n(a) an approved code of practice applies to the person; and\n(b) the person fails to comply with a requirement of the approved\ncode of practice.\n(3) An offence against subsection (2) is a strict liability offence.\n(4) Subsections (1) and (2) do not apply if—\n(a) a written direction has been given to the person under section 62\nin relation to the requirement; and\n(b) the person has complied with the direction.\nmentioned in s (4) (see Criminal Code, s 58).\n","sortOrder":59},{"sectionNumber":"62","sectionType":"section","heading":"Direction to comply with approved code","content":"62 Direction to comply with approved code\n(1) An authorised person may give a person a written direction to rectify\na breach of an approved code of practice if the authorised person\nbelieves on reasonable grounds that—\n(a) the person has been, is or is likely to be, in breach of a\nrequirement of the code; and\n(b) the person has not previously been convicted, or found guilty, of\nan offence under section 61.\n(2) A direction must—\n(a) state the requirement of the approved code of practice that has\nbeen breached and the conduct constituting the breach; and\n(b) state a reasonable time within which the direction must be\ncomplied with; and\n(c) include a statement that the person may be prosecuted under\nsection 61 if the person fails to comply with the direction.\n\n(3) The authorised person may withdraw a written direction if, after\ngiving the direction to a person, the authorised person discovers that\nthe person has previously been convicted, or found guilty, of an\noffence under section 61.\n\nWaste storage and collection Part 10\n","sortOrder":60},{"sectionNumber":"Part 10","sectionType":"part","heading":"Waste storage and collection","content":"Part 10 Waste storage and collection\n","sortOrder":61},{"sectionNumber":"63","sectionType":"section","heading":"Definitions—pt 10","content":"63 Definitions—pt 10\nstore includes keep.\nwaste does not include—\n(a) sewage; or\n(b) a thing prescribed by regulation.\nwaste collection service means a service for collecting waste.\n","sortOrder":62},{"sectionNumber":"64","sectionType":"section","heading":"Waste collection service","content":"64 Waste collection service\n(1) The waste manager may—\n(a) establish a waste collection service in the Territory, in\naccordance with a regulation; and\n(b) direct that waste collected by a waste collection service be\nre-used, recycled or used as landfill.\nNote Words in the singular number include the plural (see Legislation Act,\ns 145 (b)).\n(a) collection or disposal of waste;\n(b) eligibility to operate a waste collection service;\n(c) operation of a waste collection service, including\nresponsibilities and liabilities of the service;\n(d) storing waste for collection by a waste collection service,\nincluding requirements relating to the use or maintenance of\ncontainers for storing waste;\n(e) entry of people on land for a purpose under this part.\n\n","sortOrder":63},{"sectionNumber":"64A","sectionType":"section","heading":"Objects—pt 10A","content":"64A Objects—pt 10A\nThe objects of this part are to—\n(a) establish a cost effective container deposit scheme to assist the\nbeverage industry in reducing and dealing with waste generated\nby beverage product packaging; and\n(b) promote the recovery, reuse and recycling of empty beverage\ncontainers.\n","sortOrder":64},{"sectionNumber":"64B","sectionType":"section","heading":"Definitions—pt 10A","content":"64B Definitions—pt 10A\nbeverage—see section 64C.\ncollection point—see section 64D.\ncollection point arrangement—see section 64N (1).\ncollection point operator, for a collection point, means—\n(a) if a collection point arrangement is in force for the collection\npoint—the person who has entered into the collection point\narrangement with a network operator for the collection point; or\n(b) if a collection point arrangement is not in force for the collection\npoint—the network operator who administers and operates the\ncollection point.\ncontainer—see section 64E.\ncontainer approval means an approval in force under—\n(a) section 64V; or\n(b) a corresponding law of a State.\n\nGeneral Division 10A.1\ncorresponding law, of a State, means a law of the State that is\nprescribed by regulation for this part.\nmaterial recovery facility operator means a waste management\nbusiness that—\n(a) processes waste collected as part of a waste collection service;\nand\n(b) holds a waste facility licence allowing the processing of waste\n(otherwise than by thermal treatment) at a waste facility.\nnetwork arrangement—see section 64J (1) (b).\nnetwork operator means a person with whom the Minister enters into\na network operator agreement.\nnetwork operator agreement means a scheme administration\nagreement under section 64H (2) (b).\nrefund amount—see section 64F.\nrefund marking—see section 64G.\nscheme means the container deposit scheme established under this\npart.\nscheme administration agreement—see section 64H (1).\nscheme arrangement means—\n(a) a supply arrangement; or\n(b) a network arrangement; or\n(c) a collection point arrangement.\nscheme coordinator means the person with whom the Minister enters\ninto the scheme coordinator agreement.\nscheme coordinator agreement means the scheme administration\nagreement under section 64H (2) (a).\n\nscheme participant means—\n(a) the scheme coordinator; or\n(b) a network operator; or\n(c) a supplier who has entered into a supply arrangement with the\nscheme coordinator; or\n(d) a collection point operator.\nsupplier—\n(a) means an entity that—\n(i) manufactures a container; or\n(ii) imports a container from a State or another country; and\n(b) carries on a business that is, or includes, the supply of a beverage\nin the container; but\n(c) does not include a person prescribed by regulation not to be a\nsupplier.\nsupply means provide, by way of sale or otherwise, in the course of\ncarrying on a business.\nsupply arrangement—see section 64J (1) (a).\n","sortOrder":65},{"sectionNumber":"64C","sectionType":"section","heading":"Meaning of beverage—pt 10A","content":"64C Meaning of beverage—pt 10A\nbeverage means—\n(a) a liquid intended for human consumption by drinking; but\n(b) does not include a liquid prescribed by regulation not to be a\nbeverage.\n\nGeneral Division 10A.1\n","sortOrder":66},{"sectionNumber":"64D","sectionType":"section","heading":"Meaning of collection point—pt 10A","content":"64D Meaning of collection point—pt 10A\ncollection point means—\n(a) a waste facility used for the collection and handling of\ncontainers delivered to the facility for payment of a refund\namount; or\n(b) sites used for the collection and transport of containers to a waste\nfacility for sorting and processing; or\n(c) a reverse vending machine.\n","sortOrder":67},{"sectionNumber":"64E","sectionType":"section","heading":"Meaning of container—pt 10A","content":"64E Meaning of container—pt 10A\ncontainer—\n(a) means—\n(i) a sealable vessel or receptacle designed to contain a\nbeverage for transport or storage before the beverage is\nsold or delivered for consumption; or\n(ii) anything else prescribed by regulation to be a container;\nbut\n(b) does not include anything prescribed by regulation not to be a\ncontainer.\n","sortOrder":68},{"sectionNumber":"64F","sectionType":"section","heading":"Meaning of refund amount—pt 10A","content":"64F Meaning of refund amount—pt 10A\nrefund amount means an amount prescribed by regulation as the\nrefund amount.\n\n","sortOrder":69},{"sectionNumber":"64G","sectionType":"section","heading":"Meaning of refund marking—pt 10A","content":"64G Meaning of refund marking—pt 10A\nrefund marking means a marking or labelling, about a refund amount\nfor a container, prescribed by regulation.\n","sortOrder":70},{"sectionNumber":"64H","sectionType":"section","heading":"Scheme administration agreements","content":"64H Scheme administration agreements\n(1) The Minister may enter into a written agreement (a scheme\nadministration agreement) with a person in relation to the\nmanagement and administration of the scheme.\n(2) A scheme administration agreement may be—\n(a) the scheme coordinator agreement; or\n(b) a network operator agreement.\n(3) The Minister may invite applications for a scheme administration\nagreement in any way the Minister considers appropriate.\n(4) The Minister may enter into a scheme administration agreement only\nif satisfied that the applicant—\n(a) is likely to comply with the requirements of this Act; and\n(b) for the scheme coordinator agreement—is a suitable person to\nbe the scheme coordinator; and\n(c) for a network operator agreement—is a suitable person to be a\nnetwork operator.\n(5) A regulation may prescribe suitability requirements for a person to\nbe—\n(a) the scheme coordinator; or\n(b) a network operator.\n\nScheme administration Division 10A.2\n(6) Subsection (5) does not limit the matters the Minister may consider\nin deciding a person’s suitability under subsection (4) (b) or (c).\n","sortOrder":71},{"sectionNumber":"64I","sectionType":"section","heading":"Amending and ending scheme administration","content":"64I Amending and ending scheme administration\nagreements\n(1) A scheme administration agreement may be amended or ended by\nagreement, in writing, between the Minister and the scheme\nparticipant.\n(2) The Minister may, by written notice given to the scheme participant,\namend or end a scheme administration agreement without the consent\nof the scheme participant—\n(a) if satisfied that the scheme participant has failed to meet a\nperformance target under the agreement; or\n(b) in any other circumstance allowed by the agreement.\n(3) Without limiting subsection (2), the Minister may, without the\nconsent of the scheme participant, amend a scheme administration\nagreement to include in the agreement a performance target or other\nmatter required by this part or prescribed by regulation to be included\nin the agreement.\n(4) The scheme participant is not entitled to any compensation as a result\nof the amendment or end of a scheme administration agreement under\nsubsection (2) (a) or (3).\n(5) A provision of a scheme administration agreement is void to the\nextent to which it purports to exclude, limit or modify the operation\nof this section.\n(6) A regulation may make further provision for amending or ending a\nscheme administration agreement.\n\nscheme participant, for a scheme administration agreement, means\nthe scheme coordinator or a network operator who is a party to the\n","sortOrder":72},{"sectionNumber":"64J","sectionType":"section","heading":"Content of scheme coordinator agreement","content":"64J Content of scheme coordinator agreement\n(1) The scheme coordinator agreement must include provisions requiring\nthe scheme coordinator to enter into and give effect to the following:\n(a) an arrangement with a supplier (a supply arrangement)\nrequiring the supplier to pay to the scheme coordinator\ncontributions towards the cost of the management,\nadministration and operation of the scheme;\n(b) an arrangement with a network operator (a network\narrangement) in relation to the establishment, administration\nand operation of collection points requiring the scheme\ncoordinator to pay to the operator refund amounts and associated\nadministration and handling costs for containers that are\ncollected at the collection points (and for which a collection\npoint operator is required to pay a refund amount under\nsection 64Y).\n(2) The scheme coordinator agreement must include any other provision\nthe Minister considers necessary to ensure—\n(a) each scheme arrangement required under the agreement sets out\na methodology for determining the amounts payable under the\narrangement; and\n(b) the scheme coordinator does not act unfairly, or unreasonably\ndiscriminate, against or in favour of a scheme participant in\nnegotiating, entering into, performing obligations under or\nenforcing a scheme arrangement.\n\nScheme coordinator agreement Division 10A.3\n(3) The scheme coordinator agreement may provide for any other matter\nthe Minister considers appropriate for the management,\nadministration or operation of the scheme.\n(4) A regulation may make provision in relation to—\n(a) performance targets (including by reference to any stated\nnetwork of collection points or area of operation) and any other\nmatter to be included in the scheme coordinator agreement; and\n(b) the content of scheme arrangements under the scheme\ncoordinator agreement.\n(5) The scheme coordinator agreement may contain provisions relating\nto the exercise by the scheme coordinator of similar functions under\nthe law of a State relating to container deposit schemes.\n(6) Nothing in this section or any other provision of this division (except\nsection 64M (Term of scheme coordinator agreement)) limits the\nmatters for which the scheme coordinator agreement may provide.\n","sortOrder":73},{"sectionNumber":"64K","sectionType":"section","heading":"Approval of network arrangements","content":"64K Approval of network arrangements\n(1) The scheme coordinator agreement must require the scheme\ncoordinator, before entering into a network arrangement, to apply to\nthe waste manager for approval of the arrangement.\n(a) an application for approval of a network arrangement;\n(b) the approval, amendment or revocation of an approval of a\nnetwork arrangement.\n\n","sortOrder":74},{"sectionNumber":"64L","sectionType":"section","heading":"Payment of refund amounts to material recovery facility","content":"64L Payment of refund amounts to material recovery facility\noperators\n(1) The scheme coordinator agreement may require the scheme\ncoordinator to pay a material recovery facility operator a refund\namount (a processing refund) for containers collected by a waste\ncollection service and processed by the operator for reuse or\nrecycling.\n(2) The waste manager may determine a way (a processing refund\nprotocol) to work out the processing refund payable to the material\nrecovery facility operator.\n(3) A processing refund protocol may make provision for the following:\n(a) material recovery facility operators or classes of material\nrecovery facility operators who are entitled to claim a processing\nrefund;\n(b) the class of containers for which a processing refund is payable;\n(c) any other circumstances in which a processing refund is\npayable;\n(d) the way in which a claim for a processing refund must be made\nby a material recovery facility operator;\n(e) the assessment of claims for processing refunds;\n(f) reporting and keeping records;\n(g) a process for resolving disputes about processing refunds.\n(4) A processing refund protocol is a disallowable instrument.\n(5) A processing refund is not payable to a material recovery facility\noperator unless a processing refund protocol is in force in relation to\nthe processing refund.\n\nNetwork operator agreements Division 10A.4\n(6) A regulation may prohibit—\n(a) the landfill disposal of a container in relation to which a claim\nfor a processing refund has been made by a material recovery\nfacility operator; and\n(b) a material recovery facility operator making a claim for a\nprocessing refund in relation to a container that has been\ndisposed of to landfill.\n","sortOrder":75},{"sectionNumber":"64M","sectionType":"section","heading":"Term of scheme coordinator agreement","content":"64M Term of scheme coordinator agreement\n(1) The scheme coordinator agreement must not be for longer than\n7 years.\n(2) The Minister may, with the agreement of the scheme coordinator,\nextend the agreement for a further period of not longer than 3 years.\n(3) The agreement must not be extended more than twice.\nExample\nThe scheme coordinator agreement had an initial term of 7 years. The agreement\nwas then extended for a further period of 3 years. The agreement may be extended\nfor another 3 years so that the total term of the agreement is not longer than\n13 years.\n","sortOrder":76},{"sectionNumber":"64N","sectionType":"section","heading":"Content of network operator agreements","content":"64N Content of network operator agreements\n(1) A network operator agreement must include provisions requiring the\nnetwork operator to enter into and give effect to an arrangement with\na person in relation to the administration and operation of collection\npoints (a collection point arrangement) requiring the network\noperator to pay to the person refund amounts and associated handling\ncosts for containers that are collected at the collection points (and for\nwhich a refund amount is payable under division 10A.6).\n\n(2) A network operator agreement must include any other provisions the\nMinister considers necessary to ensure—\n(a) a collection point arrangement required under the agreement sets\nout a methodology for determining the amounts payable under\nthe arrangement; and\n(b) the network operator does not act unfairly, or unreasonably\ndiscriminate, against or in favour of a collection point operator\nin negotiating, entering into, performing obligations under or\nenforcing a collection point arrangement.\n(3) A network operator agreement may provide for any other matters the\nMinister considers appropriate for the management, administration or\noperation of the scheme.\n(4) A regulation may make provision in relation to—\n(a) performance targets (including by reference to any stated\nnetwork of collection points or area of operation) and any other\nmatter to be included in a network operator agreement; and\n(b) the content of collection point arrangements under a network\noperator agreement.\n(5) Nothing in this section or any other provision of this division limits\nthe matters for which a network operator agreement may provide.\n","sortOrder":77},{"sectionNumber":"64O","sectionType":"section","heading":"Approval of collection point arrangements","content":"64O Approval of collection point arrangements\n(1) A network operator agreement must require the network operator,\nbefore entering into a collection point arrangement, to apply to the\nwaste manager for approval of the arrangement.\n(a) an application for approval of a collection point arrangement;\n(b) the approval, amendment or revocation of an approval of a\ncollection point arrangement.\n\nScheme compliance Division 10A.5\n","sortOrder":78},{"sectionNumber":"64P","sectionType":"section","heading":"Inconsistent provisions void","content":"64P Inconsistent provisions void\n(1) A provision of the scheme coordinator agreement is void to the extent\nto which it is inconsistent with—\n(a) a provision of division 10A.6; or\n(b) a regulation made under section 64J.\n(2) A provision of a network operator agreement is void to the extent to\nwhich it is inconsistent with—\n(a) a provision of division 10A.6; or\n(b) a regulation made under section 64N.\n(3) A provision of a scheme arrangement entered into between the\nscheme coordinator and another scheme participant is void to the\nextent to which it is inconsistent with—\n(a) a provision of the scheme coordinator agreement; or\n(b) a provision of a network operator agreement that applies to a\nnetwork operator with whom the scheme coordinator has\nentered into a network arrangement; or\n(c) a provision of division 10A.6; or\n(d) a regulation made under section 64J or section 64N.\n(4) A provision of a collection point arrangement entered into between a\nnetwork operator and a collection point operator is void to the extent\nto which it is inconsistent with—\n(a) a provision of the network operator agreement that applies to the\nnetwork operator and relates to the arrangement; or\n(b) a provision of division 10A.6; or\n(c) a regulation made under section 64N.\n\n","sortOrder":79},{"sectionNumber":"64Q","sectionType":"section","heading":"Penalties for contravention","content":"64Q Penalties for contravention\n(1) A scheme administration agreement may be enforced by a civil\npenalty or in any other way the agreement provides.\n(2) The scheme coordinator or a network operator who contravenes a\nprovision of a scheme administration agreement enforceable by a\ncivil penalty is liable to pay, as a debt due to the Territory, an amount\ndetermined in accordance with the agreement as the penalty for the\ncontravention.\n(3) This section and a provision of a scheme administration agreement\nauthorised by this section have effect despite any other law.\ncivil penalty means an amount payable to the Territory for the\ncontravention of a stated provision of the agreement.\n","sortOrder":80},{"sectionNumber":"64R","sectionType":"section","heading":"Monitoring and enforcement of compliance","content":"64R Monitoring and enforcement of compliance\n(1) A scheme administration agreement may—\n(a) set out the monitoring, reporting and audit requirements to be\nincluded in a scheme arrangement; and\n(b) provide for the exercise of functions under part 13\n(Enforcement) by the waste manager (and authorised people\nappointed by the director-general) in relation to the agreement;\nand\n(c) require a scheme arrangement to provide for the exercise of\nfunctions under part 13 by the waste manager (and authorised\npeople appointed by the director-general) in relation to the\nscheme arrangement; and\n(d) set out any other measures to be taken by the scheme coordinator\nor network operator to whom the agreement applies to ensure\nthat the parties comply with a scheme arrangement.\n\nScheme compliance Division 10A.5\n(2) If a scheme administration agreement provides, or a scheme\narrangement provides (or is required under a scheme administration\nagreement to provide), for the exercise of functions under part 13 in\nrelation to the agreement or arrangement, part 13 extends to the\nexercise of functions by the waste manager (and by authorised people\nappointed by the director-general) for—\n(a) deciding whether there has been compliance with, or a\ncontravention of, the agreement or arrangement (or any\ncondition of an approval granted by the waste manager in\nrelation to the arrangement); and\n(b) obtaining information or records about the monitoring or audit\nof the activities of parties to the agreement or arrangement in\nrelation to the performance of their obligations under the\nagreement or arrangement.\n(3) Part 13 applies as if the responsibilities and functions of the waste\nmanager under this Act included the matters mentioned in\nsubsection (2).\n(4) This section does not affect the exercise of functions under part 13 in\nrelation to this Act that are authorised to be exercised without reliance\non this section.\n","sortOrder":81},{"sectionNumber":"64S","sectionType":"section","heading":"Performance audit","content":"64S Performance audit\n(1) At the request of the Minister, the waste manager must conduct a\nperformance audit of the activities of the scheme coordinator or any\nnetwork operator in relation to the performance of obligations under\na scheme administration agreement.\n(2) At the end of the performance audit, the waste manager must give the\nMinister a written report.\n(3) If the waste manager is of the opinion that the scheme coordinator or\na network operator is not complying with the scheme administration\nagreement, the waste manager may make recommendations to the\nMinister on appropriate remedial action to be taken.\n\n(4) A regulation may make provision in relation to performance audits\nunder this section.\n","sortOrder":82},{"sectionNumber":"64T","sectionType":"section","heading":"Register of approved containers and collection points","content":"64T Register of approved containers and collection points\n(1) The scheme coordinator must maintain a register of approved\ncontainers and collection points.\n(2) The register must contain the following details for each approved\ncontainer:\n(a) a description of the container, including the following:\n(i) the kind of container;\n(ii) its size, by volume;\n(iii) the material it is made of;\n(b) the manufacturer;\n(c) the barcode;\n(d) the date the container approval for the container was given;\n(e) if the container approval for the container was given under a\ncorresponding law of a State—the State;\n(f) if the container approval for the container has ended—the date\nthe approval ended;\n(g) any conditions of the approval.\n(3) The register must include the following in relation to each collection\npoint:\n(a) the location;\n(b) the opening hours;\n(c) the name of the collection point operator;\n(d) the kind of containers that can be redeemed there.\n\n(4) The register may contain anything else prescribed by regulation.\n(5) The register—\n(a) may be kept in any form, including electronically, that the\nscheme coordinator decides; but\n(b) must be accessible by the public and searchable.\n","sortOrder":83},{"sectionNumber":"64U","sectionType":"section","heading":"Reports by scheme coordinator","content":"64U Reports by scheme coordinator\n(1) The scheme coordinator must, within 90 days after the end of each\nfinancial year, give the Minister a written report about the following:\n(a) the performance of the scheme coordinator in relation to the\nperformance targets under the scheme coordinator agreement;\n(b) the amounts charged to suppliers under supply arrangements;\n(c) any other matter prescribed by regulation.\n(2) The Minister must present the report to the Legislative Assembly\nwithin 3 months after the day the Minister receives the report.\n","sortOrder":84},{"sectionNumber":"Subdiv 10A","sectionType":"subdivision","heading":"6.1 Supply of approved containers","content":"Subdivision 10A.6.1 Supply of approved containers\n","sortOrder":85},{"sectionNumber":"64V","sectionType":"section","heading":"Container approvals","content":"64V Container approvals\n(1) A supplier may apply to the waste manager for approval of a container\nor class of containers for a beverage.\n(2) An application must—\n(b) contain or be accompanied by the information prescribed by\nregulation.\n\n(3) The waste manager must, within 56 days after receiving the\napplication (the required time)—\n(4) The waste manager may refuse the application on any of the\nfollowing grounds:\n(a) a supply arrangement is not in force between the supplier and\nthe scheme coordinator;\n(b) the labelling for the container or containers of the class to which\nthe application relates does not include a refund marking;\n(c) a ground prescribed by regulation.\n(5) If the waste manager does not decide the application within the\nrequired time, the waste manager is taken to have refused the\napplication.\n(6) A container approval may—\n(a) be limited to containers supplied by the person to whom the\napproval is granted; and\n(b) include—\n(i) conditions prescribed by regulation; and\n(ii) any other conditions not inconsistent with a condition\nunder subparagraph (i) that the waste manager imposes on\nthe applicant.\n(7) The waste manager may suspend or revoke a container approval on\nany grounds prescribed by regulation.\n(8) A person commits an offence if—\n(a) the person holds a container approval; and\n\n(b) the person fails to comply with a condition of the approval.\n(9) Strict liability applies to subsection (8) (a) and (b).\n","sortOrder":86},{"sectionNumber":"64W","sectionType":"section","heading":"Requirement for supply arrangement with scheme","content":"64W Requirement for supply arrangement with scheme\ncoordinator and container approval\n(1) A supplier commits an offence if—\n(a) the supplier supplies or offers to supply a beverage in a container\nto another person; and\n(b) the following are not in force:\n(i) a supply arrangement between the supplier and the scheme\ncoordinator for the class of container to which the container\nbelongs;\n(ii) a container approval granted to the supplier for the class of\ncontainers to which the container belongs.\n(2) Strict liability applies to subsection (1) (b).\n","sortOrder":87},{"sectionNumber":"64X","sectionType":"section","heading":"Requirement for refund markings on containers","content":"64X Requirement for refund markings on containers\n(1) A supplier commits an offence if—\n(a) the supplier supplies or offers to supply a beverage in a container\nto a person; and\n(b) the container does not bear a refund marking.\n(2) Strict liability applies to subsection (1) (b).\n\nSubdivision 10A.6.2 Collection of containers\n","sortOrder":88},{"sectionNumber":"64Y","sectionType":"section","heading":"Refund amounts payable by collection point operators","content":"64Y Refund amounts payable by collection point operators\n(1) A collection point operator commits an offence if—\n(a) a person presents an empty container to a collection point\noperated by the collection point operator; and\n(b) the container bears a refund marking; and\n(c) the person claims a refund amount for the container from the\ncollection point operator; and\n(d) the collection point operator does not—\n(i) accept the container from the person; or\n(ii) pay the person the refund amount for the container at the\ntime required under subsection (3).\n(2) Subsection (1) does not apply—\n(a) if the collection point operator reasonably believes that—\n(i) the container was not acquired in the ACT or in a State in\nwhich a corresponding law is in force; or\n(iii) a refund amount has previously been paid for the container\nat any collection point; or\npayment in relation to the container to that operator under\nthe scheme coordinator agreement; or\n\n(b) if the person has refused to comply with a requirement of the\ncollection point operator under section 64Z; or\n(c) in any other circumstance prescribed by regulation.\nmentioned in s (2) (see Criminal Code, s 58).\n(3) A refund amount that is payable under this section must be paid at the\ntime the collection point operator accepts the container, or any later\ntime prescribed by regulation.\n","sortOrder":89},{"sectionNumber":"64Z","sectionType":"section","heading":"Refund declarations and proof of identity","content":"64Z Refund declarations and proof of identity\n(1) A collection point operator may require a person who presents a\ncontainer to a collection point to claim a refund amount to give the\noperator a refund declaration.\n(2) A collection point operator may refuse to pay a person a refund\namount if the operator is not satisfied about the person’s identity.\n(3) A collection point operator must not pay a person a refund amount in\neither of the following circumstances unless the person has given the\noperator a refund declaration and proof of the person’s identity:\n(a) if the number of containers for which the person is claiming a\nrefund amount at the collection point is more than the number\nprescribed by regulation;\n(b) if the operator knows, or believes on reasonable grounds, that\nthe total number of containers presented to the collection point\nby the person, and anyone else acting on the person’s behalf,\nwithin the period prescribed by regulation for claiming a refund\nis more than the number prescribed by regulation.\n(4) A collection point operator must keep for at least 3 years any records\nprescribed by regulation in relation to—\n(a) refunds paid by the operator; and\n(b) proof of identity given to the operator.\n\n(5) A collection point operator commits an offence if the collection point\noperator fails to comply with a requirement under subsection (4).\nMaximum penalty: 40 penalty units.\n(6) An offence against subsection (5) is a strict liability offence.\nrefund declaration means a declaration containing the information\nprescribed by regulation.\n64ZA Offence—claiming refund for containers not subject to\nscheme\n(a) the person presents a container to a collection point to claim a\nrefund; and\n(b) the person knows, or ought reasonably to know that—\n(i) the container was not acquired in the Territory or in a State\nin which a corresponding law is in force; or\n(iii) a refund amount has previously been paid for the container\nat a collection point; or\npayment in relation to the container to the operator under\nthe scheme coordinator agreement.\nMaximum penalty: 10 penalty units.\n\n(2) A scheme participant commits an offence if—\n(a) the scheme participant gives an invoice or other statement to a\nscheme administrator; and\n(b) the invoice or other statement claims a refund amount payable\nby the scheme administrator to the scheme participant for a\ncontainer under a scheme arrangement; and\n(c) the scheme participant knows, or ought reasonably to know\nthat—\n(i) the container was not acquired in the ACT or in a State in\nwhich a corresponding law is in force; or\n(iii) a refund amount has been paid for the container more than\nonce at any 1 or more collection points; or\npayment in relation to the container to the operator under\nthe scheme coordinator agreement.\nscheme administrator means the scheme coordinator or a network\noperator.\nscheme participant means a network operator or collection point\noperator.\n\n64ZB Authorisations for Competition and Consumer Act 2010\n(Cwlth)\nFor the Competition and Consumer Act 2010 (Cwlth), this part\nauthorises—\n(a) everything done under this part; and\n(b) all scheme administration agreements and scheme arrangements\nmade under this part; and\n(c) everything done under a scheme administration agreement or a\nscheme arrangement authorised by this part.\nNote 1 For the Competition Code of the Australian Capital Territory, see the\nCompetition Policy Reform Act 1996, s 5 and s 10.\n\nReporting Part 11\n","sortOrder":90},{"sectionNumber":"Part 11","sectionType":"part","heading":"Reporting","content":"Part 11 Reporting\n","sortOrder":91},{"sectionNumber":"65","sectionType":"section","heading":"Waste activity report","content":"65 Waste activity report\n(1) A licensee or registered waste transporter must give the waste\nmanager a report (a waste activity report), in writing, about waste\nactivities carried out in a reporting period.\n(2) The report must—\n(a) contain information prescribed by regulation; and\n(b) be given to the waste manager not later than 1 month after the\nend of the reporting period.\nreporting period means the period prescribed by regulation.\n","sortOrder":92},{"sectionNumber":"66","sectionType":"section","heading":"Offence—fail to report to waste manager","content":"66 Offence—fail to report to waste manager\n(a) is required to give the waste manager a report under section 65;\nand\n(b) fails to give the report to the waste manager in accordance with\nsection 65 (2).\n\n","sortOrder":93},{"sectionNumber":"67","sectionType":"section","heading":"Declaration exempting person or activity","content":"67 Declaration exempting person or activity\n(1) The waste manager may, on application or on the manager’s own\ninitiative, declare the following exempt from a provision of this Act:\n(a) a person or class of people;\n(b) waste activity of a particular kind or generally.\n(2) A declaration under subsection (1) may be made only—\n(a) in an emergency; or\nExamples—emergency\n• fire\n• flood\n• fuel shortage\n(b) if the waste manager is satisfied that—\n(i) it is not practicable to comply with the provision; and\n(ii) noncompliance with the provision will not have any\nsignificant adverse effect on public health, property or the\nenvironment.\n(3) An exemption in a declaration may include conditions.\n(4) A declaration—\n(a) made in circumstances mentioned in subsection (2) (a)—is a\nnotifiable instrument; and\n(b) made in circumstances mentioned in subsection (2) (b)—is a\ndisallowable instrument.\n\nExemptions Part 12\n(5) A declaration made in an emergency may commence when it is made\nor on a later date stated in the declaration.\n","sortOrder":94},{"sectionNumber":"68","sectionType":"section","heading":"Renewal of declaration","content":"68 Renewal of declaration\n(1) The waste manager may renew a declaration.\n(2) An exemption, under a declaration, given to a person within 5 years\nafter the expiry of an earlier exemption, and in the same terms as the\nearlier exemption, is taken to be a renewal of the earlier exemption.\n","sortOrder":95},{"sectionNumber":"69","sectionType":"section","heading":"Term of declaration","content":"69 Term of declaration\nA declaration, including renewal of the declaration, may not be in\nforce for a total period of more than 5 years.\n\n","sortOrder":96},{"sectionNumber":"70","sectionType":"section","heading":"Direction to stop contravening Act etc","content":"70 Direction to stop contravening Act etc\n(1) This section applies if the waste manager believes on reasonable\ngrounds that a person is—\n(a) contravening this Act; or\n(b) contravening a condition of a licence; or\n(c) contravening a condition of registration as a waste transporter;\nor\n(d) failing to comply with a requirement of a scheme administration\n(2) The waste manager may direct the person to comply with this Act, or\nthe condition or requirement by doing, or not doing, a thing (a\ncompliance direction).\n(3) A compliance direction may require the person to carry out remedial\naction if the waste manager considers the action is necessary to\nrestore land that is damaged because of the person’s contravention.\n(4) A compliance direction must be in writing and state—\n(a) the thing required to be done, or not done; and\n(b) the period for compliance with the direction.\n\nDirections Division 13.1\n","sortOrder":97},{"sectionNumber":"71","sectionType":"section","heading":"Directions—stockpiling materials and delivering waste","content":"71 Directions—stockpiling materials and delivering waste\n(1) The waste manager may give a person directions in relation to the\nfollowing:\n(a) stockpiling waste;\n(b) delivering waste to a named waste facility;\n(c) an activity prescribed by regulation.\n(2) The waste manager may give a person a direction under\nsubsection (1) (b) even though the direction is contrary to the person’s\nobligation in relation to the delivery of the waste under a licence.\n(3) A direction must be in writing and state—\n(a) the thing required to be done, or not done; and\n(b) the period for compliance with the direction.\n","sortOrder":98},{"sectionNumber":"72","sectionType":"section","heading":"Offence—fail to comply with direction","content":"72 Offence—fail to comply with direction\n(a) the waste manager gives the person a direction under section 70\nor section 71; and\n(b) the person fails to comply with the direction.\n\n","sortOrder":99},{"sectionNumber":"Subdiv 13","sectionType":"subdivision","heading":"2.1 General","content":"Subdivision 13.2.1 General\n","sortOrder":100},{"sectionNumber":"73","sectionType":"section","heading":"Definitions—div 13.2","content":"73 Definitions—div 13.2\nIn this division:\nconnected—a thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, to commit\nthe offence.\noccupier, of premises, includes—\n(a) a person believed on reasonable grounds to be an occupier of the\n(b) a person apparently in charge of the premises.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be, committed.\npremises includes land.\nwarrant means a warrant issued under subdivision 13.2.3 (Search\nwarrants).\n\n","sortOrder":101},{"sectionNumber":"74","sectionType":"section","heading":"Appointment","content":"74 Appointment\nThe director-general may appoint a public servant as an authorised\nperson for this Act.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct, s 207).\n","sortOrder":102},{"sectionNumber":"75","sectionType":"section","heading":"Identity cards","content":"75 Identity cards\n(1) The director-general must give each authorised person an identity\ncard that states the person’s name and appointment as an authorised\nperson, and shows—\n(a) a recent photograph of the person; and\n(b) the date of issue of the card; and\n(c) the date of expiry of the card; and\n(d) anything else prescribed by regulation.\n(2) A person commits an offence if the person—\n(a) stops being an authorised person; and\n(b) does not return the person’s identity card to the director-general\nas soon as practicable (but within 7 days) after the day the person\nstops being an authorised person.\nMaximum penalty: 1 penalty unit.\n\n(3) Subsection (2) does not apply to a person if the person’s identity card\nis—\n(a) lost or stolen; or\n(b) destroyed by someone else.\n(4) An offence against this section is a strict liability offence.\n","sortOrder":103},{"sectionNumber":"76","sectionType":"section","heading":"Authorised person must show identity card on exercising","content":"76 Authorised person must show identity card on exercising\npower\n(1) If an authorised person exercises a power under this Act that affects\nan individual, the authorised person must first show the authorised\nperson’s identity card to the individual.\n(2) If an authorised person exercises a power under this Act that affects\na person, other than an individual, the authorised person must first\nshow the authorised person’s identity card to an individual the\nauthorised person believes on reasonable grounds is an employee,\nofficer or agent of the person.\nExamples—person other than an individual\n• corporation\n• partnership\nSubdivision 13.2.2 Powers\n","sortOrder":104},{"sectionNumber":"77","sectionType":"section","heading":"Power to enter premises","content":"77 Power to enter premises\n(1) For this Act, an authorised person may—\n(a) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment\nof money); or\n\n(b) at any time, enter premises with the occupier’s consent; or\n(c) at any time, enter premises if the authorised person believes on\nreasonable grounds that—\n(i) there is a risk to the environment or to public health and\nsafety; and\n(ii) the risk is so serious and urgent that immediate entry to the\npremises without the authority of a search warrant is\nnecessary; or\n(d) enter premises in accordance with a search warrant.\n(2) However—\n(a) subsection (1) (a) does not authorise entry into a part of the\npremises that is being used only for residential purposes; and\n(b) subsection (1) (c) does not authorise entry into premises that are\nused for residential purposes, unless the premises are also the\nplace from which a waste management business is conducted.\n(3) An authorised person may, without the consent of the occupier of\npremises, enter land around the premises to ask for consent to enter\nthe premises.\n(4) To remove any doubt, an authorised person may enter premises under\nsubsection (1) without payment of an entry fee or other charge.\n(5) An authorised person may—\n(a) for subsection (1) (a), (b) or (c)—enter the premises with\nnecessary assistance; and\n(b) for subsection (1) (d)—enter the premises with necessary\nassistance and force.\nNote A search warrant to enter premises, issued under this Act, permits an\nauthorised person to enter premises with any necessary assistance and\nforce.\n\n(6) In this section:\nnecessary assistance, for an authorised person entering premises,\nincludes the attendance of 1 or more people who, in the opinion of\nthe authorised person, have knowledge or skills that could assist in\ncarrying out the authorised person’s functions.\n","sortOrder":105},{"sectionNumber":"78","sectionType":"section","heading":"Production of identity card","content":"78 Production of identity card\nAn authorised person and any other person other than a police officer\nwho is accompanying the authorised person may not remain at\npremises entered under this part if the authorised person does not\nproduce the authorised person’s identity card when asked by the\noccupier.\n","sortOrder":106},{"sectionNumber":"79","sectionType":"section","heading":"Consent to entry","content":"79 Consent to entry\n(1) When seeking the consent of an occupier to enter premises under\nsection 77 (1) (b) (Power to enter premises), an authorised person\nmust—\n(a) produce the authorised person’s identity card; and\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) the reason for, and identity of, any other person\naccompanying the authorised person; and\n(iii) that anything found and seized under this part may be used\nin evidence in court; and\n(iv) that consent may be refused.\n\n(2) If the occupier consents, the authorised person must ask the occupier\nto sign a written acknowledgment (an acknowledgment of\nconsent)—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) the reason for, and identity of, any other person\naccompanying the authorised person; and\n(iii) that anything found and seized under this part may be used\nin evidence in court; and\n(iv) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n(c) stating the time and date when consent was given.\n(3) If the occupier signs an acknowledgment of consent, the authorised\nperson must immediately give a copy to the occupier.\n(4) A court must find that the occupier did not consent to entry to the\npremises by the authorised person under this part if—\n(a) the question whether the occupier consented to the entry arises\nin a proceeding in the court; and\n(b) an acknowledgment of consent for the entry is not produced in\nevidence; and\n(c) it is not proved that the occupier consented to the entry.\n","sortOrder":107},{"sectionNumber":"80","sectionType":"section","heading":"General powers on entry to premises","content":"80 General powers on entry to premises\n(1) An authorised person who enters premises under this part may, for\nthis Act, do 1 or more of the following in relation to the premises or\nanything at the premises:\n(a) inspect or examine;\n(b) take measurements or conduct tests;\n\n(c) take samples;\n(d) make sketches, drawings or any other kind of record (including\nphotographs, films, audio, video or other recordings);\n(e) require the occupier, or anyone at the premises, to give the\nauthorised person reasonable help to exercise a power under this\npart.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n(2) A person must take all reasonable steps to comply with a requirement\nmade of the person under subsection (1) (e).\n","sortOrder":108},{"sectionNumber":"81","sectionType":"section","heading":"Power to seize things","content":"81 Power to seize things\n(1) An authorised person who enters premises under this part with the\noccupier’s consent may seize anything at the premises if seizure of\nthe thing is consistent with the purpose of the entry told to the\noccupier when seeking the occupier’s consent.\n(2) An authorised person who enters premises under a warrant under this\npart may seize anything at the premises that the authorised person is\nauthorised to seize under the warrant.\n(3) An authorised person who enters premises under this part (whether\nwith the occupier’s consent, under a warrant or otherwise) may seize\nanything at the premises if satisfied on reasonable grounds that—\n(a) the thing is connected with an offence against this Act; and\n(b) the seizure is necessary to prevent the thing from being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n\n(4) Having seized a thing, an authorised person may—\n(a) remove the thing from the premises where it was seized (the\nplace of seizure) to another place; or\n(b) leave the thing at the place of seizure but restrict access to it.\n(5) A person commits an offence if—\n(a) the person interferes with a seized thing, or anything containing\na seized thing, to which access has been restricted under\nsubsection (4); and\n(b) the person does not have an authorised person’s approval to\ninterfere with the thing.\n(6) An offence against subsection (5) is a strict liability offence.\n","sortOrder":109},{"sectionNumber":"82","sectionType":"section","heading":"Direction to give name and address","content":"82 Direction to give name and address\n(1) This section applies if an authorised person believes on reasonable\ngrounds that a person—\n(a) has committed, is committing or is about to commit an offence\nagainst this Act; or\n(b) may be able to assist in the investigation of an offence against\nthis Act.\n\n(2) The authorised person may direct the person to give the authorised\nperson, immediately, any of the following personal details (a name\nand address direction):\n(a) the person’s full name;\n(b) the person’s home address.\nNote The authorised person must first show the person the authorised person’s\nidentity card (see s 76).\n(3) If the authorised person believes on reasonable grounds that a\npersonal detail given by a person in response to a name and address\ndirection is false or misleading, the authorised person may direct the\nperson to produce evidence immediately of the correctness of the\ndetail (an evidence direction).\n(4) If an authorised person gives a direction to a person, the authorised\nperson must tell the person that it is an offence if the person fails to\ncomply with the direction.\n(5) If an authorised person gives a direction to a person, the authorised\nperson must give the direction in a language, or in a way of\ncommunicating, that the authorised person believes on reasonable\ngrounds the person is likely to understand.\n","sortOrder":110},{"sectionNumber":"83","sectionType":"section","heading":"Offence—fail to comply with direction to give name and","content":"83 Offence—fail to comply with direction to give name and\naddress\n(a) is the subject of—\n(i) a name and address direction; or\n(ii) an evidence direction; and\n\n(b) fails to comply with the direction.\nMaximum penalty: 5 penalty units.\nNote It is an offence to make a false or misleading statement or give false or\nmisleading information (see Criminal Code, pt 3.4).\n(3) This section does not apply to a person if the authorised person,\nbefore giving the direction, did not—\n(a) produce the authorised person’s identity card for inspection by\nthe person; or\n(b) warn the person that failure to comply with the direction is an\noffence.\nmentioned in s (3) (see Criminal Code, s 58).\ndirection means a name and address direction or an evidence\ndirection.\nevidence direction—see subsection 82 (3).\nname and address direction—see subsection 82 (2).\nSubdivision 13.2.3 Search warrants\n","sortOrder":111},{"sectionNumber":"84","sectionType":"section","heading":"Warrants generally","content":"84 Warrants generally\n(1) An authorised person may apply to a magistrate for a warrant to enter\npremises.\n(a) be sworn; and\n(b) state the grounds on which the warrant is sought.\n\n(3) The magistrate may refuse to consider the application until the\nauthorised person gives the magistrate all the information the\nmagistrate requires about the application in the way the magistrate\nrequires.\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n(b) the thing or activity—\n(i) is, or is being engaged in, at the premises; or\n(ii) may be, or may be engaged in, at the premises within the\nnext 14 days.\n(5) The warrant must state—\n(a) that an authorised person may, with any necessary assistance\nand force, enter the premises and exercise the authorised\nperson’s powers under this part; and\n(b) the offence for which the warrant is issued; and\n(c) the things that may be seized under the warrant; and\n(d) the hours when the premises may be entered; and\n(e) the date, within 14 days after the day of the warrant’s issue,\nwhen the warrant ends.\n","sortOrder":112},{"sectionNumber":"85","sectionType":"section","heading":"Warrants—application other than in person","content":"85 Warrants—application other than in person\n(1) An authorised person may apply for a warrant by phone, fax, radio,\nemail, letter or other form of communication if the authorised person\nconsiders it necessary because of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n\n(2) Before applying for the warrant, the authorised person must prepare\nan application stating the grounds on which the warrant is sought.\n(3) The authorised person may apply for the warrant before the\napplication is sworn.\n(4) After issuing the warrant, the magistrate must immediately provide a\nwritten copy to the authorised person if it is practicable to do so.\n(5) If it is not practicable to provide a written copy of the warrant to the\nauthorised person—\n(a) the magistrate must tell the authorised person—\n(i) what the terms of the warrant are; and\n(ii) the date and time the warrant was issued; and\n(b) the authorised person must complete a form of warrant (the\nwarrant form) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the authorised person, authorises the entry and the\nexercise of the authorised person’s powers under this part.\n(7) The authorised person must, at the first reasonable opportunity, send\nto the magistrate—\n(a) the sworn application; and\n(b) if the authorised person completed a warrant form—the\ncompleted warrant form.\n(8) On receiving the documents mentioned in subsection (7), the\nmagistrate must attach them to the warrant.\n\n(9) A court must find that a power exercised by an authorised person was\nnot authorised by a warrant under this section if—\n(a) the question arises in a proceeding before the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n","sortOrder":113},{"sectionNumber":"86","sectionType":"section","heading":"Search warrants—announcement before entry","content":"86 Search warrants—announcement before entry\n(1) An authorised person must, before anyone enters premises under a\nsearch warrant—\n(a) announce that the authorised person is authorised to enter the\n(b) give anyone at the premises an opportunity to allow entry to the\n(c) if the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises—identify\nthemself to the person.\n(2) The authorised person is not required to comply with subsection (1)\nif the authorised person believes on reasonable grounds that\nimmediate entry to the premises is required to ensure—\n(a) the safety of anyone (including the authorised person or any\nperson assisting); or\n(b) that the effective execution of the warrant is not frustrated.\n\n","sortOrder":114},{"sectionNumber":"87","sectionType":"section","heading":"Details of search warrant to be given to occupier etc","content":"87 Details of search warrant to be given to occupier etc\nIf the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the authorised person or a person assisting\nmust make available to the person—\n(a) a copy of the warrant; and\n(b) a document setting out the rights and obligations of the person.\n","sortOrder":115},{"sectionNumber":"88","sectionType":"section","heading":"Occupier entitled to be present during search etc","content":"88 Occupier entitled to be present during search etc\n(1) If the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the person is entitled to observe the search\nbeing conducted.\n(2) However, the person is not entitled to observe the search if—\n(a) to do so would impede the search; or\n(b) the person is under arrest, and allowing the person to observe\nthe search being conducted would interfere with the objectives\nof the search.\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\nSubdivision 13.2.4 Return and forfeiture of things seized\n","sortOrder":116},{"sectionNumber":"89","sectionType":"section","heading":"Receipt for things seized","content":"89 Receipt for things seized\n(1) As soon as practicable after a thing is seized by an authorised person\nunder this part, the authorised person must give a receipt for it to the\nperson from whom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe authorised person must leave the receipt, secured conspicuously\nat the place of seizure under section 81 (Power to seize things).\n\n(3) A receipt under this section must include the following:\n(a) a description of the thing seized;\n(b) an explanation of why the thing was seized;\n(c) the authorised person’s name, and how to contact the authorised\nperson;\n(d) if the thing is moved from the premises where it is seized—\nwhere the thing is to be taken.\n","sortOrder":117},{"sectionNumber":"90","sectionType":"section","heading":"Moving things to another place for examination or","content":"90 Moving things to another place for examination or\nprocessing under search warrant\n(1) A thing found at premises entered under a search warrant may be\nmoved to another place for examination or processing to decide\nwhether it may be seized under the warrant if—\n(a) both of the following apply:\n(i) there are reasonable grounds for believing that the thing is\nor contains something to which the warrant relates;\n(ii) it is significantly more practicable to do so having regard\nto the timeliness and cost of examining or processing the\nthing at another place and the availability of expert\nassistance; or\n(b) the occupier of the premises agrees in writing.\n(2) The thing may be moved to another place for examination or\nprocessing for not longer than 72 hours.\n(3) An authorised person may apply to a magistrate for an extension of\ntime if the authorised person believes on reasonable grounds that the\nthing cannot be examined or processed within 72 hours.\n(4) The authorised person must give notice of the application to the\noccupier of the premises, and the occupier is entitled to be heard on\nthe application.\n\n(5) If a thing is moved to another place under this section, the authorised\nperson must, if practicable—\n(a) tell the occupier of the premises the address of the place where,\nand time when, the examination or processing will be carried\nout; and\n(b) allow the occupier or the occupier’s representative to be present\nduring the examination or processing.\n(6) The provisions of this part relating to the issue of search warrants\napply, with any necessary changes, to the giving of an extension\nunder this section.\n","sortOrder":118},{"sectionNumber":"91","sectionType":"section","heading":"Access to things seized","content":"91 Access to things seized\nA person who would, apart from the seizure, be entitled to inspect a\nthing seized under this part may—\n(a) inspect the thing; and\n(b) photograph the thing; and\n(c) if the thing is a document—take extracts from, or make copies\nof, the thing.\n","sortOrder":119},{"sectionNumber":"92","sectionType":"section","heading":"Return of things seized","content":"92 Return of things seized\n(1) A thing seized under this part must be returned to its owner, or\nreasonable compensation must be paid to the owner by the Territory\nfor the loss of the thing, if—\n(a) an infringement notice for an offence connected with the thing\nis not served on the owner within 1 year after the day of the\nseizure and either—\n(i) a prosecution for an offence connected with the thing is not\nbegun within the 1-year period; or\n\n(ii) a prosecution for an offence connected with the thing is\nbegun within the 1-year period but the court does not find\nthe offence proved; or\n(b) an infringement notice for an offence connected with the thing\nis served on the owner within 1 year after the day of the seizure,\nthe infringement notice is withdrawn and—\n(i) a prosecution for an offence connected with the thing is not\nbegun within 1 year after the day of the seizure; or\n(ii) a prosecution for an offence connected with the thing is\nbegun within 1 year after the day of the seizure but the\ncourt does not find the offence proved; or\n(c) an infringement notice for an offence connected with the thing\nis served on the owner within 1 year after the day of the seizure,\nliability for the offence is disputed in accordance with the\nMagistrates Court Act 1930, section 132 (Disputing liability for\ninfringement notice offence) and—\n(i) an information is not laid in the Magistrates Court against\nthe person for the offence within 60 days after the day\nnotice is given under that section; or\n(ii) the Magistrates Court does not find the offence proved.\n(2) If anything seized under this part is not required to be returned or\nreasonable compensation is not required to be paid under\nsubsection (1), the thing—\n(a) is forfeited to the Territory; and\n(b) may be sold, destroyed or otherwise disposed of as the waste\nmanager directs.\n\nSubdivision 13.2.5 Miscellaneous\n","sortOrder":120},{"sectionNumber":"93","sectionType":"section","heading":"Damage etc to be minimised","content":"93 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, an\nauthorised person must take all reasonable steps to ensure that the\nauthorised person, and any person assisting the authorised person,\ncauses as little inconvenience, detriment and damage as is practicable.\n(2) If an authorised person, or a person assisting an authorised person,\ndamages anything in the exercise or purported exercise of a function\nunder this part, the authorised person must give written notice of the\nparticulars of the damage to the person whom the authorised person\nbelieves on reasonable grounds is the owner of the thing.\n(3) If the damage happens at premises entered under this part in the\nabsence of the occupier, the notice may be given by leaving it secured\nin a conspicuous place at the premises.\n","sortOrder":121},{"sectionNumber":"94","sectionType":"section","heading":"Compensation for exercise of enforcement powers","content":"94 Compensation for exercise of enforcement powers\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function under this part by—\n(a) an authorised person; or\n(b) a person assisting an authorised person.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if it is satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n\n","sortOrder":122},{"sectionNumber":"95","sectionType":"section","heading":"Definitions—pt 14","content":"95 Definitions—pt 14\nenforceable undertaking means a proposed undertaking that has\nbeen accepted by the waste manager under section 97.\nproposed undertaking—see section 96 (3).\nundertakings register—see section 98.\n","sortOrder":123},{"sectionNumber":"96","sectionType":"section","heading":"Making of proposed undertakings","content":"96 Making of proposed undertakings\n(1) This section applies if the waste manager believes on reasonable\ngrounds that a person has committed an offence against part 15\n(Offences) (the alleged offence).\n(2) The waste manager may give the person written notice stating—\n(a) that the waste manager believes the person has committed the\nalleged offence; and\n(b) the grounds for the waste manager’s belief; and\n(c) the facts of the alleged offence; and\n(d) the following:\n(i) that the person may enter an enforceable undertaking with\nthe waste manager for the alleged offence under this part;\n(ii) information about the effect of—\n(A) entering an enforceable undertaking, including the\nconsequences of contravening the undertaking; and\n(B) not entering an enforceable undertaking;\n\n(iii) how the person may enter and withdraw from an\nenforceable undertaking;\n(iv) the assurances about the person’s future conduct that the\nwaste manager would be prepared to accept for an\nenforceable undertaking.\n(3) If the person wishes to enter into an enforceable undertaking with the\nwaste manager, the person must give the waste manager a written\nproposal (a proposed undertaking) about the person’s future conduct\nas a result of the alleged offence.\n(4) The proposed undertaking must—\n(a) acknowledge that the waste manager believes that the person has\ncommitted an alleged offence; and\n(b) contain a statement by the person—\n(i) that the person understands that the proposed undertaking\nbecomes an enforceable undertaking when accepted by the\nwaste manager; and\n(ii) setting out assurances about the person’s future conduct for\nthe enforceable undertaking; and\n(iii) agreeing to be bound by the enforceable undertaking; and\n(c) include any other information prescribed by regulation.\nExamples—assurances about person’s future conduct\n1 to stop certain conduct\n2 to take particular action to compensate people adversely affected by an alleged\noffence committed against a stated provision of this Act\n3 to take particular action to rectify a state of affairs that arose as a direct or\nindirect result of the alleged offence\n4 to take particular action (including implementing particular systems) to\nprevent future offences against this Act\n5 to implement publicity or education programs\n\n","sortOrder":124},{"sectionNumber":"97","sectionType":"section","heading":"Acceptance of proposed undertaking","content":"97 Acceptance of proposed undertaking\n(1) If the waste manager accepts a proposed undertaking the waste\nmanager must by written notice tell the person that gave the\nundertaking that the undertaking has been accepted and is an\nenforceable undertaking for this Act.\n(2) On acceptance of the proposed undertaking, the undertaking becomes\nenforceable (an enforceable undertaking).\n","sortOrder":125},{"sectionNumber":"98","sectionType":"section","heading":"Register of enforceable undertakings","content":"98 Register of enforceable undertakings\n(1) The waste manager must keep a register of enforceable undertakings\n(the undertakings register).\n(2) The undertakings register must include the following details for each\nundertaking:\n(a) the name of the person that gave the undertaking;\n(b) particulars of the undertaking given;\n(c) the date the undertaking takes effect;\n(d) anything else prescribed by regulation.\n(3) The undertakings register may include any other information the\nwaste manager considers relevant.\n(4) The undertakings register may be kept in any form, including\nelectronically, that the waste manager decides.\n(5) The waste manager may—\n(a) correct a mistake, error or omission in the undertakings register;\nand\n(b) change a detail included in the register to keep the register\nup-to-date.\n\n","sortOrder":126},{"sectionNumber":"99","sectionType":"section","heading":"Withdrawal from or amendment of enforceable","content":"99 Withdrawal from or amendment of enforceable\nundertaking\n(1) The person that gave an enforceable undertaking may withdraw from\nor amend the undertaking only with the waste manager’s written\n(2) However, the undertaking may not be amended to provide for a\ndifferent alleged offence.\n","sortOrder":127},{"sectionNumber":"100","sectionType":"section","heading":"Ending enforceable undertaking","content":"100 Ending enforceable undertaking\n(1) The waste manager may end an enforceable undertaking by written\nnotice to the person that gave the undertaking if satisfied on\nreasonable grounds that the undertaking is no longer necessary or\ndesirable to ensure that the person complies with this Act.\n(2) The waste manager may act under subsection (1) on the waste\nmanager’s own initiative or on the application of the person that gave\nthe undertaking.\n(3) The undertaking ends when the person that gave the undertaking\nreceives the waste manager’s notice.\n","sortOrder":128},{"sectionNumber":"101","sectionType":"section","heading":"Undertaking not admission of fault etc","content":"101 Undertaking not admission of fault etc\n(1) This section applies if a person gives the waste manager a proposed\nundertaking in relation to an alleged offence, whether or not the\nundertaking is accepted by the waste manager.\n(2) Giving the proposed undertaking is neither—\n(a) an express or implied admission of fault or liability by the\nperson in relation to the alleged offence; nor\n(b) relevant to deciding fault or liability in relation to the alleged\noffence.\n\n(3) Neither a proposed undertaking nor an enforceable undertaking is\nadmissible in evidence in a court or tribunal in any proceeding for the\nalleged offence.\n","sortOrder":129},{"sectionNumber":"102","sectionType":"section","heading":"Contravention of enforceable undertakings","content":"102 Contravention of enforceable undertakings\n(1) If the waste manager believes on reasonable grounds that an\nenforceable undertaking has been contravened, the waste manager\nmay apply to the Magistrates Court for an order under subsection (2).\n(2) If the Magistrates Court is satisfied that the enforceable undertaking\nhas been contravened, the court may make 1 or more of the following\norders:\n(a) an order requiring the person who gave the undertaking to\nensure that the undertaking is not contravened;\n(b) an order requiring the person who gave the undertaking to pay\nto the Territory the amount assessed by the court as the value of\nthe benefits anyone derived, directly or indirectly, from the\ncontravention of the undertaking;\n(c) an order that the court considers appropriate requiring the person\nwho gave the undertaking to compensate someone who has\nsuffered loss or damage because of the contravention of the\nundertaking;\n(d) any other order that the court considers appropriate.\n","sortOrder":130},{"sectionNumber":"103","sectionType":"section","heading":"Effect of enforceable undertaking on other proceedings","content":"103 Effect of enforceable undertaking on other proceedings\nA proceeding may not be brought against a person for an alleged\noffence mentioned in an enforceable undertaking if—\n(a) the enforceable undertaking is in force in relation to the alleged\n(b) the person has not failed to comply with the enforceable\nundertaking in relation to the alleged offence.\n\n","sortOrder":131},{"sectionNumber":"104","sectionType":"section","heading":"Criminal liability of partners—pt 15","content":"104 Criminal liability of partners—pt 15\n(1) This section applies if a partnership through a partner, servant or\nagent—\n(b) the conduct is an offence against this part.\n(2) Each partner (a liable partner) in the partnership is taken to commit\nthe offence.\n(3) It is a defence to a prosecution for an offence against this part if a\nliable partner proves that—\n(a) the partner did not know about the conduct that constituted the\n(b) either—\n(i) the partner took reasonable precautions and exercised\nappropriate diligence to ensure the partnership did not\nengage in the conduct; or\n(ii) the partner was not in a position to influence the\npartnership in relation to the conduct.\nNote The defendant has a legal burden in relation to the matters mentioned in\ns (3) (see Criminal Code, s 59).\n\nLiability of managers etc Division 15.1\n","sortOrder":132},{"sectionNumber":"105","sectionType":"section","heading":"Criminal liability of executive officers—pt 15","content":"105 Criminal liability of executive officers—pt 15\n(1) An executive officer of a corporation is taken to commit an offence\nif—\n(a) the corporation commits a relevant offence; and\n(b) the officer was reckless about whether the relevant offence\nwould be committed; and\n(c) the officer was in a position to influence the conduct of the\ncorporation in relation to the commission of the relevant\n(d) the officer failed to take reasonable steps to prevent the\ncommission of the relevant offence.\nMaximum penalty: The maximum penalty that may be imposed for\nthe commission of the relevant offence by an individual.\n(2) Subsection (1) does not apply if the corporation has a defence to a\nprosecution for the relevant offence.\nmentioned in s (2) (see Criminal Code, s 58).\n(3) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the commission of the relevant offence, a\ncourt must consider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent that the action is relevant to the act or\nomission):\n(i) that the corporation arranges regular professional\nassessments of the corporation’s compliance with the\nprovision to which the relevant offence relates;\n(ii) that the corporation implements any appropriate\nrecommendation arising from such an assessment;\n\n(iii) that the corporation’s employees, agents and contractors\nhave a reasonable knowledge and understanding of the\nrequirement to comply with the provision to which the\nrelevant offence relates;\n(b) any action the officer took when the officer became aware that\nthe relevant offence was, or might be, about to be committed.\n(4) Subsection (3) does not limit the matters the court may consider.\n(5) This section applies whether or not the corporation is prosecuted for,\nor convicted of, the relevant offence.\n(6) In this section:\nexecutive officer, of a corporation, means a person, by whatever\nname called and whether or not the person is a director of the\ncorporation, who is concerned with, or takes part in, the corporation’s\nmanagement.\nrelevant offence means an offence against any of the following:\n(a) section 66 (Offence—fail to report to waste manager);\n(b) section 72 (Offence—fail to comply with direction);\n(c) section 107 (Unauthorised waste activity);\n(d) section 108 (1) (Fail to comply with condition of licence or\nregistration);\n(e) section 109 (Unlawful transporting or depositing of waste);\n(f) section 110 (Use of place as waste facility without lawful\nauthority);\n(g) section 111 (Consent required for certain waste activities);\n(h) section 112 (False or misleading information about waste);\n(i) section 113 (Taking prescribed waste to landfill or other\nfacility).\n\n","sortOrder":133},{"sectionNumber":"106","sectionType":"section","heading":"Meaning of waste site—div 15.2","content":"106 Meaning of waste site—div 15.2\nIn this division:\nwaste site means a place used for the storage, sorting, treatment,\nprocessing, or disposal of waste.\n","sortOrder":134},{"sectionNumber":"107","sectionType":"section","heading":"Unauthorised waste activity","content":"107 Unauthorised waste activity\n(a) the person engages in conduct; and\n(b) the conduct is a waste activity; and\n(c) the person—\n(i) if the waste activity includes operating a waste facility—\ndoes not hold a licence in relation to the facility; or\n(ii) if the waste activity includes collection or transportation of\nwaste—is not registered as a waste transporter.\nMaximum penalty: 200 penalty units.\n(2) A person who engages in consecutive conduct that contravenes\nsubsection (1) commits a separate offence for each day or part of each\nday of consecutive conduct that happens immediately after the\nfirst day the person engaged in the conduct.\nMaximum penalty (for each additional day or part of each additional\nday): 50 penalty units.\n\n","sortOrder":135},{"sectionNumber":"108","sectionType":"section","heading":"Fail to comply with condition of licence or registration","content":"108 Fail to comply with condition of licence or registration\n(a) the person—\n(i) holds a licence; or\n(ii) is registered as a waste transporter; and\n(b) the licence or registration is subject to a condition; and\n(c) the person fails to comply with the condition.\n","sortOrder":136},{"sectionNumber":"109","sectionType":"section","heading":"Unlawful transporting or depositing of waste","content":"109 Unlawful transporting or depositing of waste\n(a) the person engages in conduct; and\n(b) as a result of the conduct the person—\n(i) transports waste to a place; or\n(ii) causes or permits waste to be transported to a place; and\n(c) the place is not—\n(i) if the place is in the ACT—a waste facility operated by a\nperson that is a licensee in relation to the facility; or\n(ii) if the place is outside the ACT—a waste facility operated\nby a person that is authorised to operate the facility under\na corresponding law of another State.\nMaximum penalty: 500 penalty units.\n\n(2) In a proceeding for an offence under this section the defendant bears\nthe onus of proving—\n(a) if the defendant is charged with transporting, or causing or\npermitting waste to be transported to a place in the ACT—that\nthe place is a waste facility that was operated by a person that is\na licensee in relation to the facility; or\n(b) if the defendant is charged with transporting, or causing or\npermitting waste to be transported to a place outside the ACT—\nthat the place is a waste facility that was operated by a person\nthat is authorised to operate the facility under a corresponding\nlaw of another State.\n(3) It is a defence to a prosecution for an offence against subsection (1)\nif—\n(a) for a prosecution that charges a defendant with having caused or\npermitted waste to be transported—the defendant proves—\n(i) that the commission of the offence was due to causes over\nwhich the defendant had no control; and\n(ii) that the defendant took reasonable precautions and\nexercised due diligence to prevent the commission of the\noffence; or\n(b) generally—the defendant proves that—\n(i) an approved notice was, at the time of the alleged offence,\ngiven to the defendant by the owner or occupier of the\nplace to which the waste was transported or was displayed\nat the place; and\n(ii) the approved notice stated that the place could lawfully be\nused as a waste facility for the waste; and\n(iii) the defendant had no reasonable basis to believe that the\nplace could not lawfully be used as a waste facility for the\nwaste.\n\n(4) It is not a defence to a prosecution for an offence against\nsubsection (1) if the defendant proves that the owner or occupier of a\nplace told the defendant, other than in the form of an approved notice,\nthat at the time of the offence the place could be lawfully used as a\nwaste facility.\n(5) In this section:\napproved notice means a notice, in a form approved by the waste\nmanager that—\n(a) states that the place to which the notice relates can lawfully be\nused as a waste facility for the waste stated in the notice; and\n(b) contains a certification by the owner or occupier of the place that\nthe statement is correct.\n","sortOrder":137},{"sectionNumber":"110","sectionType":"section","heading":"Use of place as waste facility without lawful authority","content":"110 Use of place as waste facility without lawful authority\n(1) A person (the first person) commits an offence if—\n(a) the first person is the owner or occupier of a place; and\n(b) the first person engages in conduct; and\n(c) as a result of the conduct another person uses the place; and\n(d) the first person is reckless about whether the other person uses\nthe place as a waste site; and\nNote The fault element of recklessness can be satisfied by proof of\nintention, knowledge or recklessness (see Criminal Code, s 20 (4)).\n(e) the place is not a waste facility in relation to which the first\nperson holds a licence.\nMaximum penalty: 500 penalty units.\n\n(2) A person who engages in consecutive conduct that contravenes\nsubsection (1) commits a separate offence for each day or part of each\nday of consecutive conduct that happens immediately after the\nfirst day the person engaged in the conduct.\nMaximum penalty (for each additional day or part of each additional\nday): 200 penalty units.\n","sortOrder":138},{"sectionNumber":"111","sectionType":"section","heading":"Consent required for certain waste activities","content":"111 Consent required for certain waste activities\nA person commits an offence if—\n(a) the person carries out a waste activity; and\n(b) the activity is prescribed by regulation; and\n(c) the person does not have the waste manager’s written consent to\ncarry out the activity.\nNote 1 The waste manager may exempt people and activities from a\nprovision of this Act (see s 67).\nNote 2 A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including any\nregulation (see Legislation Act, s 104).\n","sortOrder":139},{"sectionNumber":"112","sectionType":"section","heading":"False or misleading information about waste","content":"112 False or misleading information about waste\n(b) the conduct results in information about waste being given to\nanother person in the course of dealing with the waste; and\n(c) the person knows that the information is false or misleading in a\nmaterial particular.\nMaximum penalty: 200 penalty units.\n\n(2) A person commits an offence if the person—\n(b) the conduct results in information about waste being given to\nanother person in the course of dealing with the waste; and\n(c) the information is false or misleading in a material particular;\nand\n(d) the person is reckless as to whether the information is false or\nmisleading in a material particular.\n(3) It is a defence to a prosecution for an offence against subsection (2)\nif the defendant proves that the defendant took reasonable steps to\nensure that the information was not false or misleading in a material\nparticular.\nNote The defendant has a legal burden in relation to the matters mentioned in\ns (3) (see Criminal Code, s 59).\n(4) If the court is satisfied that a person charged with an offence under\nsubsection (1) is not guilty of that offence but is satisfied on the\nevidence that the person is guilty of an offence under subsection (2),\nthe court may find the person guilty of the offence under\nsubsection (2).\n(5) For this section, information is taken to be given to a person in the\ncourse of dealing with waste if it is given—\n(a) in the course of an activity relating to the sale or disposal of\nwaste; or\n(b) in the course of an activity relating to the storage, collection,\ntransport, handling, deposit, transfer, processing, recycling,\nrecovery, re-use or use of the waste.\n(6) Proceedings for an offence against this section may be commenced\nonly at the request of the waste manager.\n\ngive information includes cause or permit information to be given.\ninformation includes a record containing information.\ninformation about waste means information about any of the\nfollowing:\n(a) the type, classification, characteristics, composition or quantity\nof the waste;\n(b) the actual or proposed storage, collection, transport, handling,\ndeposit, transfer, disposal, processing, recycling, recovery,\nre-use or use of the waste;\n(c) the hazards or potential harm to the environment or human\nhealth associated with the waste or an activity referred to in\nparagraph (b).\n","sortOrder":140},{"sectionNumber":"113","sectionType":"section","heading":"Taking prescribed waste to landfill or other facility","content":"113 Taking prescribed waste to landfill or other facility\nA person commits an offence if the person—\n(b) as a result of the conduct waste is taken to—\n(i) landfill; or\n(ii) a facility prescribed by regulation; and\n(c) the waste is waste prescribed by regulation.\nNote Power to make a statutory instrument (including a regulation) includes\npower to make different provision in relation to different matters or\ndifferent classes of matters, and to make an instrument that applies\ndifferently by reference to stated exceptions or factors (see Legislation\nAct, s 48).\nMaximum penalty: 150 penalty units.\n\n","sortOrder":141},{"sectionNumber":"114","sectionType":"section","heading":"Definitions—pt 16","content":"114 Definitions—pt 16\naffected person, for an original decision, means a person mentioned\nin schedule 1, column 4 in relation to the original decision.\noriginal decision means a decision mentioned in schedule 1,\ncolumn 3 (other than item 12) under a provision of this Act mentioned\nin column 2 in relation to the decision.\nreconsideration application—see section 115 (2).\n","sortOrder":142},{"sectionNumber":"115","sectionType":"section","heading":"Applications for reconsideration","content":"115 Applications for reconsideration\n(a) the waste manager has made an original decision; and\n(b) an application has not previously been made under this section\nfor reconsideration of the original decision; and\n(c) the ACAT has not decided an application for review of the\noriginal decision.\n(2) An affected person for an original decision may apply for\nreconsideration of the original decision (a reconsideration\napplication).\n(3) The reconsideration application must—\n(a) be in writing signed by the applicant; and\n(b) set out the grounds on which reconsideration is sought.\n(4) The reconsideration application must be made not later than—\n(a) 20 working days after the day the applicant is told about the\noriginal decision by the waste manager; or\n\nReconsideration of decisions Part 16\n(b) any longer period allowed by the waste manager.\nNote The waste manager may extend the period after the end of the period\nbeing extended (see Legislation Act, s 151C (3)).\n","sortOrder":143},{"sectionNumber":"116","sectionType":"section","heading":"Notice to ACAT of application","content":"116 Notice to ACAT of application\n(a) an affected person makes a reconsideration application; and\n(b) the person also applies to the ACAT for review of the original\ndecision, whether before or after applying for reconsideration;\nand\n(c) the ACAT gives the waste manager notice of the application for\nreview.\n(2) The waste manager must tell the ACAT, in writing, about the\nreconsideration application.\n","sortOrder":144},{"sectionNumber":"117","sectionType":"section","heading":"Reconsideration","content":"117 Reconsideration\n(1) If the waste manager receives a reconsideration application, the\ndirector-general must—\n(a) reconsider the original decision; and\n(b) not later than 20 working days after the day the waste manager\nreceives the application—\n(i) make any decision in substitution for the original decision\nthat the waste manager could have made when making the\noriginal decision; or\n(ii) confirm the original decision.\n(2) However, the director-general must not take action under\nsubsection (1) (b) if the ACAT has decided an application for review\nof the original decision.\n\n(3) The period mentioned in subsection (1) (b) may be extended for a\nstated period by agreement between the director-general and the\napplicant.\n(4) In reconsidering the original decision, the director-general—\n(a) must consider—\n(i) any information available to the waste manager when the\nwaste manager made the original decision; and\n(ii) information given in the reconsideration application; and\n(b) may consider any other relevant information.\n(5) The director-general must ensure that, if the original decision is made\non the waste manager’s behalf by someone else (the original\ndecision-maker), the director-general or someone other than the\noriginal decision-maker reconsiders the decision.\n","sortOrder":145},{"sectionNumber":"118","sectionType":"section","heading":"No action by waste manager within time","content":"118 No action by waste manager within time\nIf the director-general does not make a substitute decision, or confirm\nthe original decision, by the end of the 20 working days, or the\nextended period, mentioned in section 117 (3), the director-general is\ntaken to have confirmed the original decision.\n","sortOrder":146},{"sectionNumber":"119","sectionType":"section","heading":"Notice of decisions on reconsideration","content":"119 Notice of decisions on reconsideration\nAs soon as practicable after reconsidering the original decision, the\ndirector-general must give written notice of the decision on the\nreconsideration to—\n(a) the applicant; and\n(b) the waste manager.\nNote If the notice is given to a person who may apply to the ACAT for review\nof the decision to which it relates, the notice must be a reviewable\ndecision notice (see s 121).\n\nNotification and review of decisions Part 17\n","sortOrder":147},{"sectionNumber":"Part 17","sectionType":"part","heading":"Notification and review of","content":"Part 17 Notification and review of\ndecisions\n","sortOrder":148},{"sectionNumber":"120","sectionType":"section","heading":"Definitions—pt 17","content":"120 Definitions—pt 17\ndecision-maker, for a reviewable decision, means the decision-maker\nmentioned in schedule 1, column 5 for the decision.\nreviewable decision means a decision mentioned in\nschedule 1, column 3 under a provision of this Act mentioned in\ncolumn 2 in relation to the decision.\n","sortOrder":149},{"sectionNumber":"121","sectionType":"section","heading":"Reviewable decision notices","content":"121 Reviewable decision notices\nIf the decision-maker makes a reviewable decision, the\ndecision-maker must give a reviewable decision notice to each person\nmentioned in schedule 1, column 4 in relation to the decision.\nNote The decision-maker must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":150},{"sectionNumber":"122","sectionType":"section","heading":"Applications for review","content":"122 Applications for review\nThe following people may apply to the ACAT for a review of a\nreviewable decision:\n(a) a person mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\n","sortOrder":151},{"sectionNumber":"123","sectionType":"section","heading":"Delegation","content":"123 Delegation\nThe waste manager may delegate the waste manager’s functions\nunder this Act or another territory law to a public servant.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n","sortOrder":152},{"sectionNumber":"124","sectionType":"section","heading":"Protection from liability","content":"124 Protection from liability\n(1) An official is not civilly liable for conduct engaged in honestly and\nwithout recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\n(2) Any civil liability that would, apart from this section, attach to the\nofficial attaches instead to the Territory.\nconduct means an act or omission to do an act.\nofficial means—\n(a) the waste manager; or\n(b) an authorised officer; or\n(c) anyone else exercising a function under this Act.\n\nMiscellaneous Part 18\n","sortOrder":153},{"sectionNumber":"125","sectionType":"section","heading":"Service of documents","content":"125 Service of documents\nA document may be given to the waste manager by giving it to the\ndirector-general.\nNote 1 For how documents may be served generally, see the Legislation Act,\npt 19.5.\nNote 2 The director-general may delegate the function under this section to a\npublic sector officer, for example, a public servant (see Public Sector\nManagement Act 1994, s 20).\n","sortOrder":154},{"sectionNumber":"126","sectionType":"section","heading":"Determination of fees and rates of interest","content":"126 Determination of fees and rates of interest\n(1) The Minister may determine—\n(a) fees for this Act; and\n(b) the annual percentage rate at which interest payable under\nsection 58 (Recovery of extra costs) is to be calculated; and\n(c) the annual percentage rate at which interest accruing under\nsection 59 (1) (a) (Money held by Territory as financial\nassurance) is to be calculated.\n(2) In particular, fees may be determined—\n(a) so that the fee increases as the quantity of waste increases; and\n(b) so that different fees apply depending on the waste facility to\nwhich waste is being transferred; and\n(c) according to the type of waste to which the waste activity relates.\nExample—different fee depending on facility\nA lower fee might be set for taking waste to a re-processing facility; a higher fee\nmight apply if the waste were being taken to landfill.\n(3) A determination is a disallowable instrument.\n\nfee includes—\n(a) a fee that is a tax; and\n(b) a charge or other amount (whether or not it is a tax).\n","sortOrder":155},{"sectionNumber":"128","sectionType":"section","heading":"Regulation-making power","content":"128 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may—\n(a) make provision in relation to the exclusion of a person or activity\nfrom a provision of this Act; and\nNote A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including any\nregulation (see Legislation Act, s 104).\n(b) create offences for contraventions of the regulations and fix\nmaximum penalties of not more than 40 penalty units for the\noffences; and\n(c) make provision in relation to the content of scheme\narrangements made under part 10A.\n\nReviewable decisions Schedule 1\n","sortOrder":156},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\n(see pt 17)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nperson\ncolumn 5\ndecision-maker\n1 20 (2) refuse to consider\napplication until additional\ninformation provided\n2 22 (1) decision about application\nfor licence\n3 23 (b) impose condition on licence applicant for\n4 32 (1) require applicant to provide\nadditional information\n5 34 (3) decision about application\nfor registration\n6 34A (b) impose condition on\n7 46 (2) take regulatory action licensee waste manager\n8 48 immediately suspend licence licensee waste manager\n9 64V (3) (b) refuse to grant container\napplicant waste manager\n10 64V (6) (b)\n(ii)\nimpose conditions on\ncontainer approval\nsupplier waste manager\n11 64V (7) suspend or revoke container\nsupplier waste manager\n12 67 refuse to give exemption applicant waste manager\n13 70 (2) issue compliance direction person directed waste manager\n14 71 (1) issue direction person directed waste manager\n15 117 (1) reconsideration of original\ndecision\nperson applying for\nreconsideration\ndirector-general\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• ACT\n• administrative unit\n• appoint\n• chief officer (fire and rescue)\n• Criminal Code\n• director-general (see s 163)\n• disallowable instrument (see s 9)\n• fail\n• function\n• give\n• may (see s 146)\n• Minister (see s 162)\n• must (see s 146)\n• notifiable instrument (see s 10)\n• penalty unit (see s 133)\n• person\n• police officer\n• under.\naffected person, for an original decision, for part 16 (Reconsideration\nof decisions)—see section 114.\napproved container means a container, or a container within a class\nof containers, that is the subject of a container approval.\nauthorised person means a person appointed under section 74.\nbeverage, for part 10A (Container deposit scheme)—see section 64C.\ncollection point, for part 10A (Container deposit scheme)—see\nsection 64D.\n\ncollection point arrangement, for part 10A (Container deposit\nscheme)—see section 64N (1).\ncollection point operator, for a collection point, for part 10A\n(Container deposit scheme)—see section 64B.\nconnected, with an offence, for division 13.2 (Authorised people)—\nsee section 73.\ncontainer, for part 10A (Container deposit scheme)—see\nsection 64E.\ncontainer approval, for part 10A (Container deposit scheme)—see\ncorresponding law, of a State, means—\n(a) for this Act—a law of the State about the registration or\nlicensing of people who carry out waste activities; and\n(b) for part 10A (Container deposit scheme)—see section 64B.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\ndecision-maker, for a reviewable decision, for part 17 (Notification\nand review of decisions)—see section 120.\nenforceable undertaking, for part 14 (Enforceable undertakings)—\nsee section 95.\nenvironmental protection agreement—see the Environment\nProtection Act 1997, dictionary.\nlicence means a waste facility licence.\nlicensee, in relation to a licence, means the person that is the holder\nof the licence.\nmaterial recovery facility operator, for part 10A (Container deposit\nnetwork arrangement, for part 10A (Container deposit scheme)—see\nsection 64J (1) (b).\nnetwork operator, for part 10A (Container deposit scheme)—see\n\nnetwork operator agreement, for part 10A (Container deposit\noccupier, of premises, for division 13.2 (Authorised people)—see\nsection 73.\noffence, for division 13.2 (Authorised people)—see section 73.\noriginal decision, for part 16 (Reconsideration of decisions)—see\nsection 114.\nperson includes an unincorporated body.\npremises, for division 13.2 (Authorised people)—see section 73.\nproposed undertaking, for part 14 (Enforceable undertakings)—see\nsection 96 (3).\nreconsideration application, for part 16 (Reconsideration of\ndecisions)—see section 115 (2).\nrefund amount, for part 10A (Container deposit scheme)—see\nsection 64F.\nrefund marking, for part 10A (Container deposit scheme)—see\nsection 64G.\nregistered, in relation to a waste transporter, means entered in the\nregister of waste transporters.\nregister of waste facility licences means the register kept under\nsection 25.\nregister of waste transporters means the register kept under\nsection 37.\nregistration number—see section 34 (4) (b) (ii).\nregulatory action, against a person, for part 7 (Regulatory action)—\nsee section 43.\nreviewable decision, for part 17 (Notification and review of\ndecisions)—see section 120.\nscheme, for part 10A (Container deposit scheme)—see section 64B.\n\nscheme administration agreement, for part 10A (Container deposit\nscheme)—see section 64H (1).\nscheme arrangement, for part 10A (Container deposit scheme)—see\nscheme coordinator, for part 10A (Container deposit scheme)—see\nscheme coordinator agreement, for part 10A (Container deposit\nscheme participant, for part 10A (Container deposit scheme)—see\nshow cause notice, for part 7 (Regulatory action)—see section 43.\nstore, for part 10 (Waste storage and collection)—see section 63.\nsupplier, for part 10A (Container deposit scheme)—see section 64B.\nsupply, for part 10A (Container deposit scheme)—see section 64B.\nsupply arrangement, for part 10A (Container deposit scheme)—see\nsection 64J (1) (a).\nundertakings register, for part 14 (Enforceable undertakings)—see\nsection 95.\nwarrant, for division 13.2 (Authorised people)—see section 73.\nwaste—\n(a) for this Act generally—see section 10; and\n(b) for part 10 (Waste storage and collection)—see section 63.\nwaste activity—see section 11.\nwaste collection service, for part 10 (Waste storage and collection)—\nsee section 63.\nwaste facility—see section 14.\nwaste facility licence—see section 15.\nwaste management business—see section 12.\n\nwaste manager means the Waste Manager appointed under\nsection 16.\nwaste site, for division 15.2 (Specific offences)—see section 106.\nwaste transporter—see section 13.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":157},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\n3 Legislation history\n3 Legislation history\nWaste Management and Resource Recovery Act 2016 A2016-51\nnotified LR 24 August 2016\ns 1, s 2 commenced 24 August 2016 (LA s 75 (1))\nremainder commenced 1 July 2017 (s 2 (2))\nWaste Management and Resource Recovery Amendment Act 2017\nA2017-36 (as am by A2018-17 s 4)\nnotified LR 9 November 2017\ns 1, s 2 commenced 9 November 2017 (LA s 75 (1))\ns 3 commenced 22 December 2017 (LA s 75AA)\nss 4-9 commenced 22 December 2017 (s 2 (1) and CN2017-8)\ns 13 commenced 20 February 2018 (s 2 (1) and CN2018-1)\ns 10, so far as it inserts s 64X, commenced 30 June 2020 (s 2 (2) (a)\n(as am by A2018-17 s 4))\nremainder commenced 30 June 2018 (s 2 (as am by A2018-17 s 4)\nand CN2018-7)\nWaste Management and Resource Recovery Amendment Act 2018\nnotified LR 17 May 2018\ns 1, s 2 commenced 17 May 2018 (LA s 75 (1))\nremainder commenced 18 May 2018 (s 2)\nNote This Act only amends the Waste Management and Resource\nRecovery Amendment Act 2017\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\nsch 1 pt 1.39\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\nsch 1 pt 1.39 commenced 23 October 2018 (s 2 (4))\nPlanning and Environment Legislation Amendment Act 2020\nA2020-22 pt 10\nnotified LR 10 June 2020\ns 1, s 2 commenced 10 June 2020 (LA s 75 (1))\npt 10 commenced 11 June 2020 (s 2)\n\nLegislation history 3\nEmergencies Amendment Act 2020 A2020-47 sch 1 pt 1.8\nnotified LR 3 September 2020\ns 1, s 2 commenced 3 September 2020 (LA s 75 (1))\nsch 1 pt 1.8 commenced 4 September 2020 (s 2)\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.63\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.63 commenced 23 June 2021 (s 2 (1))\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.42\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.42 commenced 24 August 2022 (s 2)\nBetter Regulation Legislation Amendment Act 2025 A2025-13 pt 11\nnotified LR 26 May 2025\ns 1, s 2 commenced 26 May 2025 (LA s 75 (1))\npt 11 commenced 26 November 2025 (s 2 (2) and LA s 79))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.102, sch 4\npt 4.190\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.102, sch 4 pt 4.190 commenced 26 November 2025 (s 2 (3),\n(9))\n\nCommencement\ns 2 om LA s 89 (4)\nRelationship with Emergencies Act 2004\ns 6 am A2020-47 amdts 1.19-1.21; pars renum R9 LA\nMeaning of waste management business\ns 12 am A2017-36 s 4\nMeaning of waste facility\ns 14 sub A2020-22 s 26\nAppointment\ns 16 am A2025-29 amdt 4.193\nApplication for licence\ns 19 am A2021-12 amdt 3.179; A2025-29 amdt 4.193\nDecision about application for licence\ns 22 am A2017-36 s 5; A2025-29 amdt 4.193\nRegister of waste facility licences\ns 25 am A2025-13 s 29\nTerm of licence\ns 29 am A2017-36 s 6\nApplication to be registered\ns 31 am A2021-12 amdt 3.179; A2025-29 amdt 4.193\nDecision about application for registration\ns 34 am A2017-36 s 7; A2025-29 amdt 4.193\nRegistration conditions\ns 34A ins A2017-36 s 8\nRegister of waste transporters\ns 37 am A2025-13 s 30\nApproval of GPS tracking device\ns 39 am A2025-29 amdt 4.193\nom A2025-13 s 31\nGPS to be fitted to vehicles\ns 40 om A2025-13 s 31\nTerm of registration\ns 42 am A2017-36 s 9\nCode of practice—approval\ns 60 am A2025-29 amdt 4.193\n\nContainer deposit scheme\npt 10A hdg ins A2017-36 s 10\nGeneral\ndiv 10A.1 hdg ins A2017-36 s 10\nObjects—pt 10A\ns 64A ins A2017-36 s 10\nDefinitions—pt 10A\ns 64B ins A2017-36 s 10\ndef beverage ins A2017-36 s 10\ndef collection point ins A2017-36 s 10\ndef collection point arrangement ins A2017-36 s 10\ndef collection point operator ins A2017-36 s 10\nsub A2020-22 s 27\ndef container ins A2017-36 s 10\ndef container approval ins A2017-36 s 10\ndef corresponding law ins A2017-36 s 10\ndef material recovery facility operator ins A2017-36 s 10\ndef network arrangement ins A2017-36 s 10\ndef network operator ins A2017-36 s 10\ndef network operator agreement ins A2017-36 s 10\ndef refund amount ins A2017-36 s 10\ndef refund marking ins A2017-36 s 10\ndef scheme ins A2017-36 s 10\ndef scheme administration agreement ins A2017-36 s 10\ndef scheme arrangement ins A2017-36 s 10\ndef scheme coordinator ins A2017-36 s 10\ndef scheme coordinator agreement ins A2017-36 s 10\ndef scheme participant ins A2017-36 s 10\ndef supplier ins A2017-36 s 10\ndef supply ins A2017-36 s 10\ndef supply arrangement ins A2017-36 s 10\nMeaning of beverage—pt 10A\ns 64C ins A2017-36 s 10\nMeaning of collection point—pt 10A\ns 64D ins A2017-36 s 10\nsub A2020-22 s 28\nMeaning of container—pt 10A\ns 64E ins A2017-36 s 10\nMeaning of refund amount—pt 10A\ns 64F ins A2017-36 s 10\nMeaning of refund marking—pt 10A\ns 64G ins A2017-36 s 10\n\nScheme administration\ndiv 10A.2 hdg ins A2017-36 s 10\nScheme administration agreements\ns 64H ins A2017-36 s 10\nam A2025-29 amdt 4.193\nAmending and ending scheme administration agreements\ns 64I ins A2017-36 s 10\nScheme coordinator agreement\ndiv 10A.3 hdg ins A2017-36 s 10\nContent of scheme coordinator agreement\ns 64J ins A2017-36 s 10\nApproval of network arrangements\ns 64K ins A2017-36 s 10\nam A2021-12 amdt 3.179; A2025-29 amdt 4.193\nPayment of refund amounts to material recovery facility operators\ns 64L ins A2017-36 s 10\nam A2025-29 amdt 4.193\nTerm of scheme coordinator agreement\ns 64M ins A2017-36 s 10\nNetwork operator agreements\ndiv 10A.4 hdg ins A2017-36 s 10\nContent of network operator agreements\ns 64N ins A2017-36 s 10\nam A2020-22 s 29\nApproval of collection point arrangements\ns 64O ins A2017-36 s 10\nam A2021-12 amdt 3.179; A2025-29 amdt 4.193\nScheme compliance\ndiv 10A.5 hdg ins A2017-36 s 10\nInconsistent provisions void\ns 64P ins A2017-36 s 10\nPenalties for contravention\ns 64Q ins A2017-36 s 10\nMonitoring and enforcement of compliance\ns 64R ins A2017-36 s 10\nPerformance audit\ns 64S ins A2017-36 s 10\n\nRegister of approved containers and collection points\ns 64T ins A2017-36 s 10\nReports by scheme coordinator\ns 64U ins A2017-36 s 10\nSupply and collection of containers\ndiv 10A.6 hdg ins A2017-36 s 10\nSupply of approved containers\nsdiv 10A.6.1 hdg ins A2017-36 s 10\nContainer approvals\ns 64V ins A2017-36 s 10\nam A2021-12 amdt 3.179\nRequirement for supply arrangement with scheme coordinator and container\ns 64W ins A2017-36 s 10\nRequirement for refund markings on containers\ns 64X ins A2017-36 s 10\nCollection of containers\nsdiv 10A.6.2 hdg ins A2017-36 s 10\nRefund amounts payable by collection point operators\ns 64Y ins A2017-36 s 10\nRefund declarations and proof of identity\ns 64Z ins A2017-36 s 10\nOffence—claiming refund for containers not subject to scheme\ns 64ZA ins A2017-36 s 10\nMiscellaneous\ndiv 10A.7 hdg ins A2017-36 s 10\nAuthorisations for Competition and Consumer Act 2010 (Cwlth)\ns 64ZB ins A2017-36 s 10\nReview of part\ns 64ZC ins A2017-36 s 10\nexp 30 June 2024 (s 64ZC (3))\nWaste activity report\ns 65 am A2021-12 amdt 3.179\nDeclaration exempting person or activity\ns 67 am A2021-12 amdt 3.179; A2025-29 amdt 4.193\nDirection to stop contravening Act etc\ns 70 am A2017-36 s 11; A2025-29 amdt 4.193\n\nDirections—stockpiling materials and delivering waste\ns 71 am A2025-29 amdt 4.193\nPower to enter premises\ns 77 am A2022-14 amdt 3.217\nProduction of identity card\ns 78 am A2022-14 amdt 3.218\nConsent to entry\ns 79 am A2022-14 amdt 3.218\nDirection to give name and address\ns 82 am A2025-29 amdt 4.193\nWarrants—application other than in person\ns 85 am A2018-33 amdt 1.75, amdt 1.76\nSearch warrants—announcement before entry\ns 86 am A2022-14 amdt 3.219\nMaking of proposed undertakings\ns 96 am A2021-12 amdt 3.179; A2025-13 s 32, s 33\nCriminal liability of executive officers—pt 15\ns 105 am A2025-29 amdt 3.361\nApplications for reconsideration\ns 115 am A2021-12 amdt 3.179\nReviewable decision notices\ns 121 am A2025-29 amdt 4.193\nApplications for review\ns 122 am A2025-29 amdt 4.193\nService of documents\ns 125 am A2022-14 amdt 3.220\nDetermination of fees and rates of interest\ns 126 am A2025-29 amdt 4.193\nApproved forms\ns 127 om A2021-12 amdt 3.180\nRegulation-making power\ns 128 am A2017-36 s 12; A2025-29 amdt 4.193\nRepeals and consequential amendment\npt 19 hdg om LA s 89 (3)\nLegislation repealed\ns 129 om LA s 89 (3)\n\nClinical Waste Act 1990\ns 130 om LA s 89 (3)\nTransitional\npt 30 hdg exp 1 July 2018 (s 151)\nTransitional regulation\ns 150 exp 1 July 2018 (s 151)\nExpiry—pt 30\ns 151 exp 1 July 2018 (s 151)\nReviewable decisions\nsch 1 am A2017-36 s 13; items renum R3 LA; A2017-36 s 14; items\nrenum R4 LA; A2025-13 s 34; items renum R13 LA\ndict def approved container ins A2017-36 s 15\ndef beverage ins A2017-36 s 15\ndef collection point ins A2017-36 s 15\ndef collection point arrangement ins A2017-36 s 15\ndef collection point operator ins A2017-36 s 15\ndef container ins A2017-36 s 15\ndef container approval ins A2017-36 s 15\ndef corresponding law sub A2017-36 s 16\ndef material recovery facility operator ins A2017-36 s 15\ndef network arrangement ins A2017-36 s 15\ndef network operator ins A2017-36 s 15\ndef network operator agreement ins A2017-36 s 15\ndef refund amount ins A2017-36 s 15\ndef refund marking ins A2017-36 s 15\ndef scheme ins A2017-36 s 15\ndef scheme administration agreement ins A2017-36 s 15\ndef scheme arrangement ins A2017-36 s 15\ndef scheme coordinator ins A2017-36 s 15\ndef scheme coordinator agreement ins A2017-36 s 15\ndef scheme participant ins A2017-36 s 15\ndef supplier ins A2017-36 s 15\ndef supply ins A2017-36 s 15\ndef supply arrangement ins A2017-36 s 15\n\n5 Earlier republications\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nNo and date\nEffective Last\namendment\nmade by\nfor\n1 July 2017-\n21 Dec 2017\nnot amended new Act\n22 Dec 2017\n22 Dec 2017–\n19 Feb 2018\nA2017-36 amendments by\n20 Feb 2018\n20 Feb 2018–\nA2017-36 amendments by\n30 June 2018–\nA2018-17 amendments by\n2 July 2018–\n22 Oct 2018\nA2018-17 expiry of\ntransitional\nprovisions (pt 30)\n23 Oct 2018\n23 Oct 2018–\nA2018-33 amendments by\nA2018-33\n11 June 2020–\nA2020-22 amendments by\nA2020-22\n30 June 2020–\n3 Sept 2020\nA2020-22 amendments by\n4 Sept 2020\n4 Sept 2020–\nA2020-47 amendments by\nA2020-47\n23 June 2021–\n23 Aug 2022\nA2021-12 amendments by\nA2021-12\n\nExpired transitional or validating provisions 6\nNo and date\nEffective Last\namendment\nmade by\nfor\n24 Aug 2022\n24 Aug 2022–\nA2022-14 amendments by\nA2022-14\n1 July 2024–\n25 Nov 2025\nA2022-14 expiry of provision\n(s 64ZC)\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":158}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since the Act’s original 2016 framing (objects: a waste hierarchy, licensing and regulation of waste activities, s8), later amendments significantly expanded scope. The most substantial expansion is the insertion of a full container deposit scheme (Part 10A, s64A–64ZB) that creates a multi‑party commercial framework (scheme coordinator, network operators, suppliers, collection points) and detailed payment and compliance rules (s64J–64M, s64V–64X, s64Y–64ZA). Other additions broadened enforcement and administrative powers (expanded inspection/search and evidence rules in Part 13), introduced registration conditions and GPS/device provisions (amendments noted in the amendment history), strengthened executive liability rules for corporate officers (s105 as amended), added financial assurance mechanisms (Part 8, s52–59) and created new delegated‑instrument mechanisms (processing refund protocol s64L). Collectively, these changes move the law from a licensing/enforcement statute into a larger implementation and market‑design instrument that structures payments, contracts and regulated commercial roles for the beverage/container sector and increases administrative detail and discretion for the Waste Manager and Minister (see s64H–64I and s64Q)."},"complexity_factors":["Comprehensive length: 128 sections plus Schedule and Dictionary (Parts 1–18 and Part 10A addition)","Large number of defined terms and cross‑references (dictionary plus many signpost definitions: e.g. 'waste', 'waste activity', 'container', 'scheme participant')","Container deposit scheme (Part 10A) is a self‑contained, multi‑party contractual system with scheme coordinator, network operators, suppliers, collection points and detailed payment flows (s64H–64M, s64N–64O, s64J)","Multiple decision pathways and administrative discretions (Waste Manager and Minister powers across licensing, approvals, contract entry/amendment/termination)","Mixture of criminal offences, strict liability offences, civil penalties (including civil penalties embedded in private agreements under s64Q) and administrative remedies","Extensive delegated law and instruments: regulations, disallowable instruments and protocols (e.g. processing refund protocol s64L(4), fees and interest s126)","Nested procedural steps with timing and review (show cause notices, immediate suspension, 14–56 day decision timelines; reconsideration and ACAT review: Parts 7, 16, 17)","Enforcement powers and warrant/entry/search rules with evidentiary and procedural protections (Part 13, s77–92)","Financial security regime with notice, representation and claim procedures (Part 8, s52–59)","Multiple conditional exclusions and exceptions (e.g. Emergencies Act carve‑out s6, exemptions s67–69, CDS exceptions and defences s64Y–64ZA)"],"plain_english_summary":"**What this law does (mechanics first)\n\n- Creates an administrative system for commercial waste services in the ACT: it requires operators of waste facilities to hold licences (Part 5, s18–29) and persons who collect/transport waste to be registered as waste transporters (Part 6, s30–42). Licensed/registered businesses must meet licence/registration conditions, display registration numbers on vehicles (s35) and file periodic reports (Part 11, s65).\n\n- Gives a nominated public servant the role of Waste Manager (Part 4, s16–17) with powers to decide licence/registration applications, keep public registers (s25, s37), set conditions, require more information (s20, s32), and take regulatory action (Part 7, s43–51) including imposing or varying conditions, suspending or cancelling licences/registrations after a show-cause process (s45–46). The Waste Manager can immediately suspend where there is a public-safety risk (s48).\n\n- Establishes enforcement tools: compliance directions (s70–72), inspection and search powers for authorised officers (Part 13, s73–93), seizure and forfeiture rules, and an infringements/prosecution framework. There are review and appeal routes (reconsideration by the director-general, Part 16; ACAT review, Part 17).\n\n- Provides for financial security by requiring financial assurances from licensees where justified (Part 8, s52–59). The Waste Manager can claim against those securities to pay reasonable remedial costs and recover any shortfall as a debt (s55–59).\n\n- Allows the Minister to approve codes of practice (Part 9, s60) that carry criminal penalties for non‑compliance (s61–62) and gives the Waste Manager power to direct compliance with approved codes (s62).\n\n- Creates a container deposit scheme (CDS) as a detailed statutory subsystem (Part 10A, s64A–64ZB). Key mechanics:\n  - Objective and scope defined (s64A–64F).\n  - The Minister may contract a scheme coordinator and network operators by written \"scheme administration agreements\" (s64H–64I). The scheme coordinator must enter into supply arrangements with beverage suppliers and network arrangements with network operators; those arrangements set contribution and refund flows (s64J–64K).\n  - Container approvals and mandatory refund markings are required for containers supplied into the market (s64V, s64W, s64X).\n  - Collection point operators must accept marked containers and pay refunds at collection points (s64Y–64Z); there are identification, record‑keeping and fraud offences (s64Z, s64ZA).\n  - The law allows the scheme to impose civil penalties within agreements, sets monitoring/audit powers, requires public registers of approved containers and collection points (s64T), and prescribes reporting obligations for the scheme coordinator (s64U).\n\n- Provides alternative compliance/settlement tools: enforceable undertakings with the Waste Manager may be agreed instead of prosecution (Part 14, s95–103).\n\nOfficial purpose claimed by the Act\n\n- The Act states its objects are to implement a waste hierarchy (avoid, reuse/recover, then landfill), support investment and innovation in waste management, promote responsibility for waste reduction and best practice (s8). The specific CDS part states its object is to create a cost‑effective scheme to help the beverage industry reduce packaging waste and to promote recovery/recycling of beverage containers (s64A).\n\nTesting the official purpose against mechanisms and trade‑offs (concrete, source‑grounded)\n\n- Who decides and who enforces: The Waste Manager (appointed by the director‑general) and the Minister exercise most programmatic discretion — they decide licences/registrations (s16, s22, s34), set conditions (s23, s34A), approve container and network arrangements (s64K, s64O), and can amend/terminate scheme administration agreements (s64I). Enforcement is performed by authorised persons under Part 13 (s74–81).\n\n- Who pays: Businesses operating waste facilities and transporters pay licence/registration fees (s22(5), s34(4)); licensees may be required to provide financial assurance (s52) and to pay extra costs if assurances don’t cover remedial works (s58). In the CDS, suppliers must have a supply arrangement and container approval before supplying beverage containers (s64W) and contributors (suppliers) pay into the scheme via supply arrangements (s64J(1)(a)). Collection point operators pay refunds to people who present containers and are compensated from scheme payments (s64Y, s64J(1)(b)). The Minister may determine fees and interest rates (s126).\n\n- Behaviour changes the law creates: licensing and registration formalise gatekeeping (s18, s30). Financial assurances and the ability to suspend/cancel licences increase the cost of non‑compliance and create incentives to maintain compliance (Part 7, s48; Part 8). The CDS creates a direct financial incentive for consumers to return eligible beverage containers (refund amount; s64F) and for suppliers to mark containers and contract with the scheme coordinator (s64X, s64W).\n\n- Compliance burden and administrative friction: Businesses face multiple administrative requirements—applications, record keeping, periodic waste activity reporting (s65), container approvals and labelling rules (s64V, s64X), public registers (s25, s37, s64T), and potential audits or remedial directives (s64R, s70). The waste manager has power to request extra information and to refuse/stop applications that don’t comply (s20, s32, s22(3)).\n\n- Market effects and competition issues: The CDS centralises commercial flows through a contracted scheme coordinator and network operators (s64H–64M, s64N–64O). The Act authorises scheme agreements that can include civil penalties (s64Q) and allows the Minister to prescribe performance targets and approve collection networks (s64K, s64N). Those contractual arrangements concentrate commercial roles (coordinator/operator) and create contractual payment streams from suppliers to network operators or collection points via the scheme coordinator. The law expressly authorises these arrangements for Competition and Consumer Act purposes (s64ZB).\n\n- Trade‑offs and opportunity costs: The Act substitutes market choices (where retailers/suppliers freely organised returns) with a regulated, centrally‑coordinated model that requires administrative oversight, contracting and monitoring. That can lower transaction costs through a single coordinator, but it places decision‑making power with the Minister and scheme parties (s64H–64I). Long contract terms are possible (up to 7 years, extendable twice for up to 3 years each; s64M), which locks in arrangements and shifts implementation risk to future governments.\n\n- Enforcement, evidentiary features and burdens: The Act creates a mix of criminal offences (strict liability in many cases — e.g. licence condition breaches s108, some CDS offences s64W/X), civil penalties in scheme agreements (s64Q), administrative directions with criminal penalties for non‑compliance (s70–72), and review routes to ACAT (Parts 16–17). Several offences place evidential or legal burdens on defendants (e.g. s109(2) on showing a destination is a licensed facility).\n\n- Risks flagged by the statute’s design (mechanism‑based, not evaluative):\n  - Concentrated contractual benefits: scheme coordinator and network operators are formally appointed by agreement (s64H) and can receive multiple revenue streams from suppliers and government‑mandated refunds (s64J). The Act allows civil penalties in those agreements (s64Q), and the Minister may amend or end agreements without compensation in some circumstances (s64I(2)–(4)). Those features create potential for concentrated commercial gains tied to scheme contracts.\n  - Regulatory discretion and implementation dependence on subordinate instruments: many scheme and operational details are left to regulations, disallowable instruments and contract terms (see s64J(2), s64L(2)–(4), s126). Successful operation therefore depends on the quality of secondary legislation and contract design.\n  - Administrative compliance costs that are diffuse: licence/registration fees, record‑keeping, container‑labelling and refund administrative processes (s64X, s64Z) spread costs across many suppliers and collection points; consumers may face pass‑through of supplier contributions in prices.\n  - Substitution or leakage risks are addressed but not eliminated: the Act criminalises claiming refunds on out‑of‑jurisdiction or previously‑redeemed containers (s64ZA) and allows monitoring/auditing powers (s64R). These mechanisms reduce but do not entirely remove incentives for cross‑border or fraudulent claims.\n\nWhy it matters (practical significance)\n\n- The Act turns waste services into a regulated activity with licensing, registration, compliance and enforcement — this changes the baseline costs and legal exposures for businesses that handle municipal, commercial or industrial waste (Parts 5–6, Part 15).\n\n- The container deposit scheme is a significant policy instrument added into the waste regime: it creates new obligations on beverage suppliers (must contract and label), sets up a funded return network, and channels payments through a scheme coordinator and network operators (Part 10A). That redesigns the supply chain for beverage packaging and creates new commercial roles and payment flows.\n\n- The Act gives the government tools to require financial securities and to recover remediation costs (Part 8), which affects capital requirements for waste‑handling businesses and reduces the public fiscal risk of unpaid remedial clean‑ups.\n\nKey provisions to look at if you are a business or consumer (quick map)\n\n- Licence to operate a waste facility: s18–29.\n- Registration to collect/transport waste: s30–42 (including display requirement s35).\n- Reporting obligations: s65–66.\n- Financial assurances and claims process: s52–59.\n- Enforcement powers and search/seizure: Part 13 (s73–93).\n- Container deposit scheme (supplier, container approval, refunds, scheme contracts): Part 10A (s64A–64ZB), especially s64J–64M (scheme coordinator), s64V–64X (container approvals and supplier obligations), s64Y–64ZA (collection and fraud offences).\n- Codes of practice and criminal penalties for breaches: s60–62.\n\nPractical implementation risks and compliance choices\n\n- The Act leaves many operational details to regulation and to the terms of scheme administration agreements (s64J(2), s126). Businesses should monitor subordinate instruments and published contract terms for the scheme coordinator/network operators.\n\n- Licensees should budget for possible financial assurance requirements (s52–54) and for the administrative costs of registers, reporting and record retention (s25, s37, s65, s64Z(4)).\n\n- Suppliers in the beverage market must adopt refund markings and enter supply arrangements before supplying containers (s64W, s64X). Collection point operators should design systems for refund declarations and identity checks (s64Z).\n\nThis summary is an outline of the Act’s structure and the concrete mechanisms by which it changes incentives and obligations. For any specific compliance question (application form content, the form of a financial assurance, or precise refund‑claim procedures) consult the primary text of the relevant sections and the regulations and instruments made under the Act (for example, the processing refund protocol is a disallowable instrument under s64L(4))."},"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"},"kimi_summary":{"_metrics":{"completionTokens":638},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 2016 Act has expanded significantly beyond its core waste management framework. The major addition is Part 10A (Container Deposit Scheme), inserted by the 2017 Amendment Act, which added an entirely new industry-funded recycling scheme with complex contractual arrangements between government, coordinators, network operators and suppliers. This transformed the Act from a traditional regulatory/licensing statute into a hybrid that also manages a market-based recycling system. Additional amendments have layered in GPS tracking requirements for waste transporters (later removed), processing refunds for material recovery facilities, and various enforcement enhancements."},"complexity_factors":["Extensive cross-referencing between Parts, especially the container deposit scheme (Part 10A) which references definitions and conditions across multiple Divisions","Nested conditional logic in offence provisions with multiple defences and evidential burdens (e.g., sections 109, 112)","47+ defined terms in the Dictionary plus numerous signpost definitions pointing to other sections","Multiple overlapping regulatory frameworks: licensing, registration, container deposit scheme, codes of practice, and financial assurances each with their own compliance requirements","Strict liability offences mixed with fault-based offences requiring careful mental element analysis","Complex temporal conditions for licence/registration terms with multiple triggering events (surrender, cancellation, non-payment, stated date)","Container deposit scheme involves multi-party contractual arrangements (scheme coordinator, network operators, collection point operators, suppliers) with voidness provisions for inconsistent terms"],"plain_english_summary":"This Act creates a comprehensive waste and resource recovery framework for the ACT, establishing a Waste Manager to license waste facilities, register commercial waste transporters, and enforce rules on what counts as waste. It also sets up a 10‑cent container deposit scheme with a scheme coordinator and collection network, requires financial assurances from licensees, authorises strong compliance powers, and allows ministerial codes and administrative or ACAT review. It affects waste operators, transporters, suppliers and the public, and embeds polluter‑pays principles."}},"importantCases":[],"_links":{"self":"/api/acts/waste-management-and-resource-recovery-act-2016","history":"/api/acts/waste-management-and-resource-recovery-act-2016/history","analysis":"/api/acts/waste-management-and-resource-recovery-act-2016/analysis","conflicts":"/api/acts/waste-management-and-resource-recovery-act-2016/conflicts","importantCases":"/api/acts/waste-management-and-resource-recovery-act-2016/important-cases","documents":"/api/acts/waste-management-and-resource-recovery-act-2016/documents"}}