{"id":"sl-2017-20","name":"Waste Management and Resource Recovery Regulation 2017","slug":"waste-management-and-resource-recovery-regulation-2017","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"20 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173939,"registerId":"act-sl-2017-20-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\nSection 5\n5 Offences against regulation—application of Criminal\nCode etc\nOther legislation applies in relation to offences against this\nregulation.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this regulation\n(see Code, 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\nSection 6\npage 4 Waste Management and Resource Recovery\n","sortOrder":0},{"sectionNumber":"6","sectionType":"section","heading":"Information for licence application—Act, s 19 (2) (b)","content":"6 Information for licence application—Act, s 19 (2) (b)\n(a) the applicant’s name, business address, email address and\n(b) if the applicant operates the business under another name—the\napplicant’s registered business name and any trading name;\n(c) if the applicant is a partner in a partnership—the partnership’s\n(d) if the applicant is not a company registered under the\nnumber of each person who is to have day-to-day control\nof the waste facility’s business;\n(e) if the applicant is a company registered under the Corporations\nAct—\n(f) identifying particulars of land to which the application relates;\n(g) if someone other than the applicant is the lessee of the land—the\nwritten consent of the lessee of the land;\n(h) if the application relates to unleased territory land—the written\nconsent of the director-general responsible for the Planning\nAct 2023;\n\nWaste facility licences Part 2\nSection 7\n(i) the kind of waste activity to be conducted at the facility to which\nthe application relates;\n(j) the waste categories that may be dealt with in the course of waste\nactivity at the facility.\nExamples—par (f)\n1 block and section number\n2 street address\nExamples—par (i)\n1 landfill\n2 storage\n3 sorting\n4 recycling\n","sortOrder":1},{"sectionNumber":"7","sectionType":"section","heading":"Entities to be consulted before licence application","content":"7 Entities to be consulted before licence application\ndecision—Act, s 22 (2)\n(1) The following entities are prescribed:\n(a) the chief officer (fire and rescue service);\n(b) the environment protection authority;\n(c) if the application relates to a facility for the storing, sorting,\ntreating, processing or disposing of clinical waste—the chief\nhealth officer.\nclinical waste—see the Clinical Waste Act 1990, dictionary.\n","sortOrder":2},{"sectionNumber":"7A","sectionType":"section","heading":"Information for register of waste facility licences—Act,","content":"7A Information for register of waste facility licences—Act,\ns 25 (2) (a)\n(a) the licensee’s name, business address, email address and\n\nSection 7B\npage 6 Waste Management and Resource Recovery\n(b) if the licensee operates the business under another name—the\nlicensee’s registered business name and any trading name;\n(c) if the licensee is a partner in a partnership—the partnership’s\n(d) if the licensee is not a company registered under the\nnumber of each person who has day-to-day control of the\nwaste facility’s business;\n(e) if the licensee is a company registered under the Corporations\nAct—\n(f) identifying particulars of the land on which the waste facility is\nlocated;\n(g) the waste categories that may be dealt with in the course of waste\nactivity at the facility;\n(h) the licence’s unique identifying number;\n(i) the end day stated in the licence.\n","sortOrder":3},{"sectionNumber":"7B","sectionType":"section","heading":"Register of waste facility licences—public information—","content":"7B Register of waste facility licences—public information—\nAct, s 25 (4) (b)\n(1) The following information is prescribed:\n(a) the licence’s unique identifying number;\n(b) the licensee’s name;\n\nWaste facility licences Part 2\nSection 7B\n(c) the street address of the waste facility;\n(d) the licensee’s business telephone number;\n(e) the licensee’s business email address;\n(f) if the licensee is not a company registered under the\nCorporations Act but has an ABN—the ABN;\n(g) if the licensee is a company registered under the Corporations\nAct—the company’s ACN;\n(h) the waste categories that may be dealt with in the course of waste\nactivity at the facility;\n(i) the end day stated in the licence.\n(2) However, if the licensee operates the business under a name other\nthan their name—\n(a) the information mentioned in subsection (1) (b) is not\nprescribed; and\n(b) the licensee’s registered business name and any trading name is\nprescribed.\n\nSection 8\npage 8 Waste Management and Resource Recovery\n","sortOrder":4},{"sectionNumber":"8","sectionType":"section","heading":"Definitions—pt 3","content":"8 Definitions—pt 3\nmanufacturer means a person who carries on the business of making\nor assembling vehicles.\nmodel designation, for a vehicle of a particular model, means the\nwords, figures, letters or other symbols (if any) applied by the\nmanufacturer of the vehicle to describe or identify a vehicle of that\nmodel.\n","sortOrder":5},{"sectionNumber":"9","sectionType":"section","heading":"Information for registration application—Act, s 31 (2) (b)","content":"9 Information for registration application—Act, s 31 (2) (b)\n(a) the applicant’s name, business address, email address and\n(b) if the applicant operates the business under another name—the\napplicant’s registered business name and any trading name;\n(c) if the applicant is a partner in a partnership—the partnership’s\n(d) if the applicant is not a company registered under the\nnumber of each person who is to have day-to-day control\nof the waste transporter’s business;\n(e) if the applicant is a company registered under the Corporations\nAct—\n\nWaste transporter registration Part 3\nSection 10\n(f) the waste categories to be transported;\n(g) the following particulars for each vehicle to be used by the\napplicant, or an employee or agent of the applicant, for\ntransporting waste:\n(i) manufacturer;\n(ii) vehicle type, model designation and year of manufacture;\n(iii) registration details.\n","sortOrder":6},{"sectionNumber":"10","sectionType":"section","heading":"Information for register of waste transporters—Act,","content":"10 Information for register of waste transporters—Act,\ns 37 (2) (a)\n(a) the registered waste transporter’s name, business address, email\naddress and telephone number;\n(b) if the registered waste transporter operates the business under\nanother name—the transporter’s registered business name and\nany trading name;\n(c) if the registered waste transporter is a partner in a partnership—\nthe partnership’s name;\n(d) if the registered waste transporter is not a company registered\nunder the Corporations Act but has an ABN—\nnumber of each person who has day-to-day control of the\nregistered waste transporter’s business;\n\nSection 10A\npage 10 Waste Management and Resource Recovery\n(e) if the registered waste transporter is a company registered under\nthe Corporations Act—\n(f) the waste categories transported by the registered waste\ntransporter;\n(g) the following particulars of each vehicle used by the registered\nwaste transporter, or an employee or agent of the transporter, for\ntransporting waste:\n(i) manufacturer;\n(ii) vehicle type, model designation and year of manufacture;\n(iii) registration details.\n(h) the registered waste transporter’s registration number;\n(i) the end day stated in the registration.\n","sortOrder":7},{"sectionNumber":"10A","sectionType":"section","heading":"Register of waste transporters—public information—Act,","content":"10A Register of waste transporters—public information—Act,\ns 37 (4) (b)\n(1) The following information is prescribed:\n(a) the registered waste transporter’s registration number;\n(b) the registered waste transporter’s name;\n(c) the registered waste transporter’s business address;\n(d) the registered waste transporter’s business telephone number;\n(e) the registered waste transporter’s business email address;\n(f) if the registered waste transporter is not a company registered\nunder the Corporations Act but has an ABN—the ABN;\n\nWaste transporter registration Part 3\nSection 10A\n(g) if the registered waste transporter is a company registered under\nthe Corporations Act—the company’s ACN;\n(h) the waste categories transported by the registered waste\ntransporter;\n(i) the end day stated in the registration.\n(2) However, if the registered waste transporter operates the business\nunder a name other than their name—\n(a) the information mentioned in subsection (1) (b) is not\nprescribed; and\n(b) the transporter’s registered business name and any trading name\nis prescribed.\n\nSection 11\npage 12 Waste Management and Resource Recovery\n","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Waste definitions—pt 4","content":"11 Waste definitions—pt 4\ndomestic recyclable waste—\n(a) means—\n(i) the material mentioned in schedule 1, part 1.2, column 2;\nand\n(ii) any material included under section 11A (1) (a); but\n(b) does not include any material excluded under\nsection 11B (1) (a).\ndomestic waste—\n(a) means waste from residential premises, and includes domestic\nrecyclable waste and organic waste; but\n(b) does not include—\n(i) material mentioned in schedule 1, part 1.3, column 2; or\n(ii) any material excluded under section 11B (1) (b).\ngarden waste means plant material generated on urban land.\norganic waste—\n(a) means—\n(i) garden waste; and\n(ii) any material included under section 11A (1) (b); but\n(b) does not include any material excluded under\nsection 11B (1) (c).\n\nDefinitions—pt 4 Division 4.1\nSection 11A\n","sortOrder":9},{"sectionNumber":"11A","sectionType":"section","heading":"Waste manager may declare that certain material is","content":"11A Waste manager may declare that certain material is\nincluded in a waste definition—Act, s 64 (2) (a), (c) and (d)\n(1) The waste manager may declare that—\n(a) a stated material is domestic recyclable waste for section 11,\ndefinition of domestic recyclable waste, paragraph (a) (ii); or\n(b) a stated compostable material is organic waste for section 11,\ndefinition of organic waste, paragraph (a) (ii).\n(2) The waste manager may make a declaration under subsection (1) (b)\nfor a stated area in the ACT for a stated period.\n(3) A declaration under this section is a notifiable instrument.\n","sortOrder":10},{"sectionNumber":"11B","sectionType":"section","heading":"Waste manager may declare that certain material is","content":"11B Waste manager may declare that certain material is\nexcluded from a waste definition—Act, s 64 (2) (a), (c)\nand (d)\n(1) The waste manager may declare that—\n(a) a stated material is not domestic recyclable waste for section 11,\ndefinition of domestic recyclable waste, paragraph (b); or\n(b) a stated material is not domestic waste for section 11, definition\nof domestic waste, paragraph (b) (ii); or\n(c) a stated compostable material is not organic waste for\nsection 11, definition of organic waste, paragraph (b).\n(2) The waste manager may only make a declaration under this section if\nsatisfied the declaration is necessary for—\n(a) the effective or safe collection, storage or disposal of waste; or\n(b) the effective or safe operation of a waste collection service.\n(3) A declaration under this section is a notifiable instrument.\n\nSection 11C\npage 14 Waste Management and Resource Recovery\n","sortOrder":11},{"sectionNumber":"11C","sectionType":"section","heading":"Other definitions—pt 4","content":"11C Other definitions—pt 4\noccupier, of premises, includes the following:\n(a) a person living at the premises;\n(b) a person apparently in charge of the premises;\n(c) the owner or manager of a business carried out at the premises.\nterritory waste container means a container given to an occupier by\nthe Territory—\n(a) for use in connection with the storage and collection of waste;\nand\n(b) for regular collection by a waste collection service.\nwaste container includes a territory waste container.\nwaste rectification notice means a notice under section 24AA (1).\n","sortOrder":12},{"sectionNumber":"17A","sectionType":"section","heading":"Occupier’s responsibilities","content":"17A Occupier’s responsibilities\nAn occupier has a responsibility to—\n(a) keep or store waste created on, or in relation to, the premises\nsafely and appropriately; and\n(b) dispose of waste in a way that permits the effective and safe\noperation of waste collection services and waste reuse or\nrecycling services; and\n(c) use territory waste containers and waste facilities properly.\n\nSection 17B\n","sortOrder":13},{"sectionNumber":"17B","sectionType":"section","heading":"Territory waste containers","content":"17B Territory waste containers\n(1) A territory waste container given to an occupier by the Territory\nremains the property of the Territory.\n(2) Waste placed in a territory waste container becomes the property of\nthe Territory when the container is placed for collection by a waste\ncollection service.\n","sortOrder":14},{"sectionNumber":"18","sectionType":"section","heading":"Waste segregation—Act, s 64 (2) (a) and (d)","content":"18 Waste segregation—Act, s 64 (2) (a) and (d)\n(a) the person places waste in a domestic waste container; and\n(b) the waste is not domestic waste.\n(2) A person commits an offence if—\n(a) the person places waste in a domestic recyclable waste\ncontainer; and\n(b) the waste is not domestic recyclable waste.\n(3) A person commits an offence if—\n(a) the person places waste in an organic waste container; and\n(b) the waste is not organic waste.\n(4) An offence against this section is a strict liability offence.\ndomestic recyclable waste container means a territory waste\ncontainer designated for domestic recyclable waste only.\n\nSection 19\npage 16 Waste Management and Resource Recovery\ndomestic waste container means a territory waste container\ndesignated for domestic waste only.\norganic waste container means a territory waste container designated\nfor organic waste only.\n","sortOrder":15},{"sectionNumber":"19","sectionType":"section","heading":"Failure to keep waste in waste container—Act, s 64 (2) (d)","content":"19 Failure to keep waste in waste container—Act, s 64 (2) (d)\n(b) keeps waste on the premises; and\n(c) fails to keep the waste in a waste container.\n(3) This section does not apply if the waste is placed by the occupier on\nthe premises for collection in accordance with an authorised waste\ncollection arrangement.\nNote The defendant has an evidential burden in relation to the matter\n(4) In this section:\nauthorised waste collection arrangement means a waste collection\nservice authorised by the Territory that is not a regular waste\ncollection service.\nExample\nbulky waste collection arrangement\n\nSection 20\n","sortOrder":16},{"sectionNumber":"20","sectionType":"section","heading":"Unhygienic waste container—Act, s 64 (2) (d)","content":"20 Unhygienic waste container—Act, s 64 (2) (d)\n(a) the person is an occupier of premises; and\n(b) the person uses a waste container for storing waste on the\npremises; and\n(c) the container—\n(i) is in an unhygienic condition; or\n(ii) causes unhygienic conditions.\n(3) In this section:\npublic health—see the Public Health Act 1997, dictionary.\nunhygienic condition means a condition that a reasonable person\nwould consider to be, or likely to become, a risk to public health or\noffensive to community health standards.\n","sortOrder":17},{"sectionNumber":"21","sectionType":"section","heading":"Unsightly waste—Act, s 64 (2) (d)","content":"21 Unsightly waste—Act, s 64 (2) (d)\n(a) the person is an occupier of premises; and\n(b) the person keeps waste on the premises; and\n(c) the waste, or a significant part of the waste, is clearly visible\nfrom other premises, including land to which the public has\naccess; and\n(d) the waste is unsightly.\n\nSection 22\npage 18 Waste Management and Resource Recovery\n","sortOrder":18},{"sectionNumber":"22","sectionType":"section","heading":"Waste container not closed—Act, s 64 (2) (d)","content":"22 Waste container not closed—Act, s 64 (2) (d)\n(b) stores waste in a waste container for the premises; and\n(c) fails to ensure that—\n(i) if the waste container is not a territory waste container—\nthe waste container is fitted with a lid that can be closed;\nor\n(ii) the lid of the waste container is closed.\n(3) This section does not apply if the waste container is provided by the\noccupier for use by members of the public in a public area of the\npremises.\n(4) In this section:\npublic area, of premises, means an area of the premises that is open\nto the public.\n","sortOrder":19},{"sectionNumber":"23","sectionType":"section","heading":"Location of waste container—Act, s 64 (2) (d)","content":"23 Location of waste container—Act, s 64 (2) (d)\n(b) stores waste in a territory waste container for the premises; and\n\nSection 23\n(c) fails to ensure—\n(i) the container is kept within the property boundary for the\npremises; or\n(ii) the container is placed where a waste collection service has\nunobstructed access to the container on waste collection\nday.\n(3) Subsection (1) (c) (i) does not apply if the territory waste container\nhas been removed from the property boundary—\n(a) for—\n(i) collection of waste by a waste collection service; and\n(ii) a reasonable period before or after a waste collection\nservice is scheduled to empty waste from the container; or\n(b) if the container has been damaged or is unwanted—for\ncollection of the container.\n(4) Subsection (1) (c) (ii) does not apply if at the time the territory waste\ncontainer was placed for collection by a waste collection service,\nreasonable steps were taken to ensure the service had unobstructed\naccess to the container.\nmentioned in s (4) (see Criminal Code, s 58).\nwaste collection day, for a territory waste container, means a day on\nwhich a waste collection service is scheduled to collect waste from\nthe container.\n\nSection 24\npage 20 Waste Management and Resource Recovery\n","sortOrder":20},{"sectionNumber":"24","sectionType":"section","heading":"Entry to premises—Act, s 64 (2) (e)","content":"24 Entry to premises—Act, s 64 (2) (e)\n(1) An employee or agent of an entity that provides a waste collection\nservice may at any reasonable time enter premises for the purpose of\ncarrying out the service.\npremises does not include any part of a building or structure used for\nresidential purposes.\nNote The Act, pt 13 (Enforcement), includes provisions dealing with the power\nof authorised people to enter to premises and search warrants.\n24AA Waste rectification notice—Act, s 64 (2) (a) and (d)\n(1) An authorised person may give an occupier of premises written notice\n(a waste rectification notice) if the authorised person believes on\nreasonable grounds that the occupier’s conduct in relation to waste\nstorage or collection on the premises is an offence against this part.\n(2) A waste rectification notice must state the following:\n(a) that it is a waste rectification notice under this section;\n(b) a unique identifying number for the notice;\n(c) the name of the occupier, and a description of the premises, that\nare the subject of the notice;\nExamples—description of premises\n1 the street address\n2 the distinguishing number or name given to a division, block or section\nunder the Districts Act 2002, and on which the premises are located to\ndescribe the land\n(d) the grounds on which the notice is given, including—\n(i) the occupier’s alleged conduct; and\n\nWaste rectification notices Division 4.3\nSection 24AA\n(ii) the offence against this part the occupier is believed to have\ncommitted;\n(e) that the occupier take action stated in the notice (rectification\naction) before the day stated in the notice (the compliance day);\n(f) particulars of the rectification action and compliance day;\n(g) that the occupier may be prosecuted for an offence against this\npart if the occupier fails to take the rectification action before\nthe compliance day;\n(h) contact details for the authorised person who gave the notice.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(3) When deciding the compliance day for the notice, the authorised\nperson must—\n(a) take into account the need to—\n(i) reduce any risk to public health; and\n(ii) allow a reasonable time for an occupier to carry out the\nrectification action in the circumstances; and\n(b) not state a day that is less than 2 days after the day the notice is\ngiven to the occupier.\n(4) If the identity of the occupier is not known to the authorised person\nat the time the notice is given, the waste rectification notice may be\naddressed to ‘the occupier’ or ‘the householder’.\n\nSection 24AB\npage 22 Waste Management and Resource Recovery\n24AB Responsibilities and liabilities of joint occupiers\n(1) If a waste rectification notice may be given to an occupier of premises\nin relation to a matter, the same notice may also be given to another\noccupier of the premises in relation to the same matter if there are\nreasonable grounds for believing—\n(a) that the other occupier has also engaged in the conduct that is\nthe subject of the matter in the notice; or\n(b) if the occupier or occupiers engaging in the conduct cannot be\nidentified—each is an occupier at the premises where the\nconduct happened.\n(2) If a proceeding is started against an occupier of premises for an\noffence against this part, a proceeding for the same offence may also\nbe started against another occupier of the premises.\n24AC Disposal of regulated waste at waste facility\n(a) a waste facility displays a sign stating that—\n(i) regulated waste is not accepted at the facility; or\n(ii) only certain regulated waste is accepted at the facility; and\n(b) the sign is clearly visible to a person disposing of regulated\nwaste at the facility; and\n(c) the person disposes of regulated waste at the facility in\ncontravention of the sign.\n\nSection 24AD\n24AD Knowingly dispose of regulated waste at waste facility\nA person commits an offence if—\n(a) a waste facility does not accept regulated waste; and\n(b) the person disposes of regulated waste at the waste facility; and\n(c) the person knows, or ought reasonably to know, that—\n(i) the waste is regulated waste; and\n(ii) the waste facility does not accept regulated waste.\nMaximum penalty: 40 penalty units.\n24AE Disposal of waste in contravention of sign on or near\nwaste container at waste facility\n(1) A person must not dispose of waste at a waste facility in a way that\ncontravenes a sign displayed on or near a waste container in the\n(2) A sign must include a statement that it is an offence under this section\nif a person contravenes the sign.\n(3) A person must not remove, alter or cover a sign on or near a waste\ncontainer at a waste facility without the written consent of the waste\nmanager or licensee.\n(4) An offence against this section is a strict liability offence.\n\nSection 24AF\npage 24 Waste Management and Resource Recovery\n24AF Interfering with waste etc at waste facility\n(a) the person damages or contaminates waste in a waste facility;\nand\n(b) as a result of that conduct the waste is unsuitable for its intended\nwaste processing.\nExample—par (b)\nmotor oil contaminating cardboard intended for recycling\n(2) A person must not, without the consent of the operator of a waste\nfacility—\n(a) enter an area in the waste facility in contravention of a sign at\nthe facility; or\n(b) remove waste from a waste container in the waste facility; or\n(c) damage or alter a waste container or any part of the waste\n(3) An offence against this section is a strict liability offence.\n24AG Failure to comply with direction of waste facility operator\n(a) the person is collecting or disposing of waste at a waste facility;\nand\n(b) the operator of the facility gives the person a reasonable\ndirection while the person is at the facility; and\n\nSection 24AH\n(c) the person fails to comply with the direction.\n24AH Waste transporter must give information about waste\ndisposed at waste facility\n(1) A waste transporter disposing of waste at a waste facility must give\nthe operator of the facility information about the amount of waste and\nwaste category for the waste.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n24AI Vehicle-related offences at waste facilities\n(1) This section applies if a person commits an offence under any of the\nfollowing sections in relation to a waste facility:\n(a) section 24AC (1) (Disposal of regulated waste at waste facility);\n(b) section 24AE (1) or (3) (Disposal of waste in contravention of\nsign on or near waste container at waste facility);\n(c) section 24AF (1), (2) (a), (2) (b) or (2) (c) (Interfering with waste\netc at waste facility);\n(d) section 24AG (1) (Failure to comply with direction of waste\nfacility operator).\n\npage 26 Waste Management and Resource Recovery\n(2) For the Magistrates Court Act 1930, division 3.8.3 (Additional\nprovisions for vehicle-related offences), an offence mentioned in\nsubsection (1) is taken to involve a vehicle if the person commits the\noffence—\n(a) after exiting a vehicle in or near the waste facility; or\n(b) before entering a vehicle in or near the waste facility.\nNote The Magistrates Court (Waste Management and Resource Recovery\nInfringement Notices) Regulation 2017 contains further provisions\nrelating to vehicle-related offences.\n24AJ Waste escaping from vehicle or equipment\n(a) the person is a waste transporter; and\n(b) the person, or an employee or agent of the person, operates a\nvehicle or equipment; and\n(c) the vehicle or equipment is being operated—\n(i) to transport or collect waste; and\n(ii) in circumstances, or in a way, in which there is a reasonable\nlikelihood that waste will escape from the vehicle or\nequipment when operated.\nExamples—par (c) (ii)\n1 a container mounted on the vehicle or equipment is not secured safely to the\nvehicle or equipment during transportation of waste\n2 waste that is likely to be blown, or otherwise escape, from the vehicle or\nequipment if uncovered during its transportation is not covered during its\ntransportation\nNote Person includes an unincorporated body (see Act, dict).\n\n(2) A person commits an offence if—\n(a) the person is a waste transporter; and\n(b) the person, or an employee or agent of the person, operates a\nvehicle or equipment; and\n(c) the vehicle or equipment is being operated to transport or collect\nwaste; and\n(d) waste escapes from the vehicle or equipment.\n(3) If the person mentioned in subsection (1) or (2) is a partnership, each\npartner in the partnership commits an offence.\n(4) It is a defence to a prosecution for an offence against subsection (1)\nor (2) if the defendant proves—\n(a) that—\n(i) the defendant did not know about the employee or agent\noperating the vehicle or equipment; and\n(ii) reasonable precautions were taken and appropriate\ndiligence was exercised to prevent waste escaping from the\nvehicle or equipment; or\n(b) if the defendant is a partner—the defendant was not in a position\nto influence the other partners in relation to ensuring waste\nwould not escape from the vehicle or equipment.\nNote The defendant has a legal burden in relation to the matters mentioned in\ns (4) (see Criminal Code, s 59).\n\npage 28 Waste Management and Resource Recovery\nequipment means any apparatus, device, machine, mechanism,\ndredge, or crane.\nescapes includes leaks or spills.\nvehicle means any means of transport and includes a vessel or a unit\nof rolling stock.\n\nGeneral Division 4A.1\nSection 24A\n","sortOrder":21},{"sectionNumber":"24A","sectionType":"section","heading":"Meaning of corresponding law—Act, s 64B","content":"24A Meaning of corresponding law—Act, s 64B\nThe following are corresponding laws:\n(a) for New South Wales—the Waste Avoidance and Resource\nRecovery Act 2001 (NSW);\n(b) for the Northern Territory—the Environment Protection\n(Beverage Containers and Plastic Bags) Act 2011 (NT);\n(c) for Queensland—the Waste Reduction and Recycling Act 2011\n(Qld);\n(d) for South Australia—the Environment Protection Act 1993\n(SA);\n(e) for Western Australia—the Waste Avoidance and Resource\nRecovery Act 2007 (WA).\n24B Liquids that are not beverages—Act, s 64C, def beverage,\npar (b)\nA liquid mentioned in schedule 1A, section 1A.2, column 2 is not a\nbeverage.\n24C What is not a container—Act, s 64E, def container, par (b)\nA container designed to contain a beverage type mentioned in\nschedule 1A, section 1A.4, column 2, in a size mentioned in\nschedule 1A, section 1A.4, column 3, is not a container.\n24D Refund amount—Act, s 64F\nThe refund amount is 10 cents.\n\nSection 24E\npage 30 Waste Management and Resource Recovery\n24E Refund marking—Act, s 64G\n(1) The refund marking is the deposit statement marked or labelled on\nthe container in legible characters.\ndeposit statement means the following statement:\n‘10c refund at collection depots/points in participating State/Territory\nof purchase’.\n","sortOrder":22},{"sectionNumber":"24F","sectionType":"section","heading":"Suitability requirements—Act, s 64H (5)","content":"24F Suitability requirements—Act, s 64H (5)\n(1) In deciding whether a person is a suitable person to be a scheme\ncoordinator or network operator, the Minister must consider the\nfollowing:\n(a) whether the person has been convicted, or found guilty, of an\noffence against a relevant law;\n(b) whether the person has contravened a provision of a scheme\nadministration agreement under the Act or a corresponding law\nof a State;\n(c) if the applicant is a corporation—whether a director of the\ncorporation is or has been a director of another corporation that\nhas contravened a provision of—\n(i) a relevant law; or\n(ii) a scheme administration agreement under the Act or a\ncorresponding law of a State;\n(d) whether the person has been convicted, or found guilty, in the\nlast 5 years, whether in the ACT or elsewhere, of an offence\ninvolving fraud or dishonesty;\n\nGeneral Division 4A.1\nSection 24F\n(e) whether the person is, or at any time in the last 3 years has been,\nbankrupt or personally insolvent;\nNote Bankrupt or personally insolvent—see the Legislation Act,\ndictionary, pt 1.\n(f) if the applicant is an individual—whether the person has, at any\ntime in the last 3 years, been involved in the management of a\ncorporation when—\n(i) the corporation became the subject of a winding-up order;\nor\n(ii) a controller or administrator was appointed;\n(g) if the applicant is a corporation—whether the corporation—\n(i) is the subject of a winding-up order; or\n(ii) has had a controller or administrator appointed at any time\nin the last 3 years;\n(h) whether, in the opinion of the Minister, the person has the\nknowledge, skills and experience required to fulfil the person’s\nobligations as a scheme coordinator or network operator;\n(i) whether the person can demonstrate the financial capacity to\ncomply with the person’s obligations under the proposed\nagreement;\n(j) whether the person is in a partnership, in relation to activities\nthat are subject to a scheme administration agreement or\nproposed agreement, with a person the Minister decides is not a\nsuitable person to be a scheme coordinator or network operator.\n(2) If the applicant is a corporation, a reference in subsection (1) (a) or (h)\nto a person includes a reference to a director of the corporation.\n\nSection 24G\npage 32 Waste Management and Resource Recovery\n(3) In this section:\nrelevant law means—\n(a) the Act; and\n(b) the Environment Protection Act 1997; and\n(c) the Litter Act 2004.\n","sortOrder":23},{"sectionNumber":"24G","sectionType":"section","heading":"Contents of scheme arrangements under scheme","content":"24G Contents of scheme arrangements under scheme\ncoordinator agreement—Act, s 64J (4) (b)\nA network arrangement must include the following:\n(a) the name, address and contact details of each party to the\nagreement;\n(b) the following information about a collection point under the\narrangement:\n(i) the address of the collection point;\n(ii) the operating hours for the collection point;\n(iii) information relating to any approval required under the\nPlanning Act 2023 and whether the approval is held or has\nbeen applied for;\n(c) if the network operator must hold a waste facility licence for the\ncollection point—\n(i) details of the licence; or\n(ii) if the network operator has applied for a waste facility\nlicence and the application has not been refused but not yet\napproved—a statement to that effect;\n(d) a requirement that parties to the arrangement must comply with\nthe Territory privacy principles.\n\nNetwork arrangements—Act, s 64K (2) Division 4A.2\nSection 24H\n","sortOrder":24},{"sectionNumber":"24H","sectionType":"section","heading":"Application for approval of network arrangements","content":"24H Application for approval of network arrangements\nAn application for approval of a network arrangement must be\naccompanied by a copy of the arrangement signed by both parties.\n","sortOrder":25},{"sectionNumber":"24I","sectionType":"section","heading":"Waste manager may request further information","content":"24I Waste manager may request further information\n(1) The waste manager may, by written notice, require the applicant for\napproval of a network arrangement to give the waste manager more\ninformation—\n(a) that the waste manager believes on reasonable grounds is needed\nto 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","sortOrder":26},{"sectionNumber":"24J","sectionType":"section","heading":"Change of information must be provided","content":"24J Change of information must be provided\n(1) This section applies if the information in an application for approval\nof a network arrangement changes before the application is decided.\n(2) The applicant must give the waste manager written notice of the\nparticulars of the change.\n\nSection 24K\npage 34 Waste Management and Resource Recovery\n","sortOrder":27},{"sectionNumber":"24K","sectionType":"section","heading":"Decision about application for approval","content":"24K Decision about application for approval\n(1) The waste manager must, within the required time after the waste\nmanager receives an application for approval of a network\narrangement—\n(a) approve the arrangement; or\n(b) refuse to approve the arrangement.\nNote 1 Failure to approve an arrangement within the required time is taken to be\na decision not to approve the arrangement (see ACT Civil and\nAdministrative Tribunal Act 2008, s 12).\nNote 2 A decision under s (1) (b) is a reviewable decision (see s 26A).\n(2) In deciding whether to approve a network arrangement, the waste\nmanager may consider—\n(a) whether the arrangement complies with the requirements of the\nAct; and\n(b) whether the agreement requires the parties to the arrangement to\ncomply with the Territory privacy principles; and\n(c) for a collection point operated by the network operator under the\narrangement—information relating to any approval required\nunder the Planning Act 2023 and whether the approval is held\nor has been applied for.\n(3) The waste manager may approve a network arrangement subject to\nconditions.\nNote A decision under s (3) is a reviewable decision (see s 26A).\n(4) An approval of a network arrangement must—\n(a) be in writing; and\n(b) include the following:\n(i) the names of the parties to the arrangement;\n\nNetwork arrangements—Act, s 64K (2) Division 4A.2\nSection 24L\n(ii) the date the approval expires;\n(iii) the conditions (if any) of the approval.\n(5) If the waste manager refuses to approve a network arrangement, the\nwaste manager must refund any fee paid in relation to the application.\nrequired time means—\n(a) if the waste manager requires the applicant to give further\ninformation under section 24I—56 days after the day the\napplicant gives the information to the waste manager; or\n(b) in any other case—56 days after the day the waste manager\nreceives the application.\n","sortOrder":28},{"sectionNumber":"24L","sectionType":"section","heading":"Amendment of network arrangement approval","content":"24L Amendment of network arrangement approval\n(1) The waste manager may, by written notice, amend the approval of a\nnetwork operator arrangement by—\n(a) amending a condition imposed by the waste manager under\nsection 24K (3); or\n(b) imposing a further condition on the approval.\nNote A decision under s (1) is a reviewable decision (see s 26A).\n(2) The waste manager must give the notice to each party to the network\n(3) An amendment takes effect on—\n(a) the day the notice is given; or\n(b) if a later day is stated in the notice—the later day.\n\nSection 24M\npage 36 Waste Management and Resource Recovery\n","sortOrder":29},{"sectionNumber":"24M","sectionType":"section","heading":"Suspension or revocation of network arrangement","content":"24M Suspension or revocation of network arrangement\n(1) The waste manager may suspend or revoke the approval of a network\narrangement if—\n(a) a party to the arrangement contravenes a condition of the\napproval; or\n(b) a party to the arrangement contravenes a provision of the Act,\npart 10A (Container deposit scheme); or\n(c) the network arrangement has expired or been terminated and the\nwaste manager is satisfied there is no unresolved dispute\nbetween the parties to the arrangement in relation to the expiry\nor termination.\n(2) The waste manager must give the parties to the arrangement written\nnotice (a show cause notice) of an intention to suspend or revoke the\napproval of the network arrangement, stating—\n(a) the ground for suspension or revocation; and\n(b) that the approval holder may, within 14 days after the day the\nholder is given the notice, give a written submission to the waste\nmanager about the proposed suspension or revocation.\n(3) The waste manager must consider any submission received by the\nwaste manager in response to the show cause notice when making a\ndecision to suspend or revoke the approval of the network\n(4) The waste manager may suspend or revoke the approval of the\nnetwork arrangement if the waste manager—\n(a) has given a show cause notice to the approval holder; and\n(b) has considered any reasons given by the approval holder in\nresponse to the show cause notice; and\n\nNetwork operator agreements—Act, s 64N (4) Division 4A.3\nSection 24N\n(c) is satisfied that the ground for suspension or revocation exists.\nNote A decision under s (4) is a reviewable decision (see s 26A).\n(5) The suspension or revocation takes effect—\n(a) on the day the waste manager gives the approval holder written\nnotice that the approval of the network arrangement is\nsuspended or revoked; or\n(b) if a later day is stated in the notice of suspension or revocation—\nthe later day.\nDivision 4A.3 Network operator agreements—Act,\ns 64N (4)\n","sortOrder":30},{"sectionNumber":"24N","sectionType":"section","heading":"Definitions—div 4A.3","content":"24N Definitions—div 4A.3\nIn this division:\nbulk delivery, of containers, means a delivery of 1 500 or more\ncontainers.\ncatchment area means an industrial catchment area or a residential\ncatchment area.\ncommencement day means the day on which this section commences.\ndistrict means a district under the Districts Act 2002, section 5.\nNote The districts set out in the Districts Act 1966 (repealed), sch are taken to\nbe districts created under the Districts Act 2002, s 5.\ndivision means a division under the Districts Act 2002, section 6.\nindustrial catchment area means—\n(a) the division of Fyshwick in the Canberra Central district and the\ndivision of Hume in the Tuggeranong district; or\n(b) the division of Mitchell in the Gungahlin district.\n\nDivision 4A.3 Network operator agreements—Act, s 64N (4)\nSection 24O\npage 38 Waste Management and Resource Recovery\nresidential catchment area means—\n(a) the Belconnen district; or\n(b) the division of Oaks Estate and the Canberra Central district\n(excluding the division of Fyshwick); or\n(c) the division of Hall and the Gungahlin district (excluding the\ndivision of Mitchell); or\n(d) the Molonglo Valley district, Weston Creek district and Woden\nValley district; or\n(e) the division of Tharwa and the Tuggeranong district (excluding\nthe division of Hume).\n","sortOrder":31},{"sectionNumber":"24O","sectionType":"section","heading":"Network operator agreements—performance targets—","content":"24O Network operator agreements—performance targets—\nAct, s 64N (4) (a)\nA network operator agreement must—\n(a) include performance targets; and\n(b) state the period the performance targets apply for; and\n(c) state a way to determine whether the performance targets have\nbeen met.\n","sortOrder":32},{"sectionNumber":"24P","sectionType":"section","heading":"Network operator agreements—content of collection","content":"24P Network operator agreements—content of collection\npoint arrangements under agreement—Act, s 64N (4) (b)\nA collection point arrangement must include the following:\n(a) the name, address and contact details of each party to the\narrangement;\n(b) information about whether the collection point operator is an\nACNC registered entity;\n(c) information about the number of collection points in each\ncatchment area;\n\nNetwork operator agreements—Act, s 64N (4) Division 4A.3\nSection 24P\n(d) for a collection point operated by an ACNC registered entity—\ninformation about the operating hours for the collection point;\n(e) for any other collection point—a requirement that the collection\npoint be open—\n(i) on a weekday, other than a public holiday—for at least\n7 hours between 7 am and 7 pm; and\n(ii) on a Saturday and Sunday, other than on a public holiday—\nfor at least 6 hours on each day between 8 am and 5 pm;\nand\n(iii) on a public holiday, other than Good Friday or Christmas\nday—for at least 5 hours between 9 am and 5 pm;\n(f) the following information about each collection point under the\narrangement:\n(i) the location of the collection point;\n(ii) whether the collection point is accessible by public\ntransport;\n(iii) whether the collection point complies with any\nrequirements in the territory plan that relate to access or\nmobility for people with disability;\n(iv) for a collection point within an industrial catchment area—\nthe number of bulk deliveries of containers that the\ncollection point is capable of accepting;\n(v) for a collection point within a residential catchment area—\nwhether the collection point is capable of accepting\ncontainers from, and providing refunds to, the residents of\nthe catchment area, or an equivalent number of people,\nwithin a reasonable time;\n(vi) the kind of containers that may be redeemed at the\ncollection point;\n\nSection 24Q\npage 40 Waste Management and Resource Recovery\n(g) information about whether the collection points under the\narrangement will offer employment opportunities for people\nwith disability;\n(h) information relating to any approval required under the\nPlanning Act 2023 and whether the approval is held or has been\napplied for;\n(i) if the collection point operator must hold a waste facility licence\nfor a collection point—\n(i) details of the licence; or\n(ii) if the network operator has applied for a waste facility\nlicence and the application has not been refused but not yet\napproved—a statement to that effect;\n(j) a requirement that parties to the arrangement must comply with\nthe Territory privacy principles.\nDivision 4A.4 Collection point arrangements—Act,\ns 64O (2)\n","sortOrder":33},{"sectionNumber":"24Q","sectionType":"section","heading":"Application for approval of collection point arrangements","content":"24Q Application for approval of collection point arrangements\nAn application for approval of a collection point arrangement must\nbe accompanied by a copy of the collection point arrangement signed\nby the parties.\n","sortOrder":34},{"sectionNumber":"24R","sectionType":"section","heading":"Waste manager may request further information","content":"24R Waste manager may request further information\n(1) The waste manager may, by written notice, require that the applicant\nfor approval of a collection point arrangement gives the waste\nmanager more information—\n(a) that the waste manager believes on reasonable grounds is needed\nto decide the application; and\n(b) within a stated time; and\n\nCollection point arrangements—Act, s 64O (2) Division 4A.4\nSection 24S\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","sortOrder":35},{"sectionNumber":"24S","sectionType":"section","heading":"Change of information must be provided","content":"24S Change of information must be provided\n(1) This section applies if the information in an application for approval\nof a collection point arrangement changes before the application is\ndecided.\n(2) The applicant must give the waste manager written notice of the\nparticulars of the change.\n","sortOrder":36},{"sectionNumber":"24T","sectionType":"section","heading":"Decision about application for approval","content":"24T Decision about application for approval\n(1) The waste manager must, within the required time after the waste\nmanager receives an application for approval of a collection point\narrangement—\n(a) approve the arrangement; or\n(b) refuse to approve the arrangement.\nNote 1 Failure to approve an arrangement within the required time is taken to be\na decision not to approve the arrangement (see ACT Civil and\nAdministrative Tribunal Act 2008, s 12).\nNote 2 A decision under s (1) (b) is a reviewable decision (see s 26A).\n(2) In deciding whether to approve a collection point arrangement, the\nwaste manager may consider the following:\n(a) whether the arrangement complies with the requirements of the\nAct;\n(b) whether the arrangement requires each party to the arrangement\nto comply with the Territory privacy principles;\n\nSection 24T\npage 42 Waste Management and Resource Recovery\n(c) whether any necessary development approval under the\nPlanning Act 2023 has been, or is likely to be, obtained in\nrelation to the activities authorised or required under the\narrangement;\n(d) whether the collection points under the arrangement will offer\nemployment opportunities for people with disabilities;\n(e) whether the arrangement provides reasonable access to\ncollection points in the ACT, taking into account—\n(i) the number of collection points in each catchment area; and\n(ii) the operating hours for collection points in each catchment\narea; and\n(iii) the information about each collection point under\nsection 24P (f);\n(f) whether the collection point operator is an ACNC registered\nentity.\n(3) The waste manager may approve a collection point arrangement\nsubject to conditions.\nNote A decision under s (3) is a reviewable decision (see s 26A).\n(4) An approval of a collection point arrangement must—\n(a) be in writing; and\n(b) include the following:\n(i) the names of the parties to the arrangement;\n(ii) the date the approval expires;\n(iii) the conditions (if any) of the approval.\n(5) If the waste manager refuses to approve a collection point\narrangement, the waste manager must refund any fee paid in relation\nto the application.\n\nCollection point arrangements—Act, s 64O (2) Division 4A.4\nSection 24U\nrequired time means—\n(a) if the waste manager requires the applicant to give further\ninformation under section 24R—56 days after the day the\napplicant gives the information to the waste manager; or\n(b) in any other case—56 days after the day the waste manager\nreceives the application.\n","sortOrder":37},{"sectionNumber":"24U","sectionType":"section","heading":"Amendment of collection point arrangement approval","content":"24U Amendment of collection point arrangement approval\n(1) The waste manager may, by written notice, amend the approval of a\ncollection point arrangement by—\n(a) amending a condition imposed by the waste manager under\nsection 24T (3); or\n(b) imposing a condition on the approval.\nNote A decision under s (1) is a reviewable decision (see s 26A).\n(2) The waste manager must give the notice to each party to the collection\npoint arrangement.\n(3) An amendment takes effect on—\n(a) the day the notice is given; or\n(b) if a later day is stated in the notice—the later day.\n","sortOrder":38},{"sectionNumber":"24V","sectionType":"section","heading":"Suspension or revocation of collection point arrangement","content":"24V Suspension or revocation of collection point arrangement\n(1) The waste manager may suspend or revoke the approval of a\ncollection point arrangement if—\n(a) the approval holder contravenes a condition of the approval; or\n(b) the approval holder contravenes a provision of the Act, part 10A\n(Container deposit scheme); or\n\nSection 24V\npage 44 Waste Management and Resource Recovery\n(c) the approval holder—\n(i) is given written notice of an approval fee; and\n(ii) fails to pay the approval fee by the date stated in the notice;\nor\n(d) the collection point arrangement has expired or been terminated\nand the waste manager is satisfied there is no unresolved dispute\nbetween the parties to the arrangement in relation to the expiry\nor termination.\n(2) The waste manager must give the approval holder written notice (a\nshow cause notice) of an intention to suspend or revoke the approval\nof the collection point arrangement, stating—\n(a) the ground for suspension or revocation; and\n(b) that the approval holder may, within 14 days after the day the\nholder is given the notice, give a written submission to the waste\nmanager about the proposed suspension or revocation.\n(3) The waste manager must consider any submission received by the\nwaste manager in response to the show cause notice when making a\ndecision to suspend or revoke the approval of the collection point\n(4) The waste manager may suspend or revoke the approval of the\ncollection point arrangement if the waste manager—\n(a) has given a show cause notice to the approval holder; and\n(b) has considered any reasons given by the approval holder in\nresponse to the show cause notice; and\n(c) is satisfied the ground for suspension or revocation exists.\nNote A decision under s (4) is a reviewable decision (see s 26A).\n\nScheme compliance Division 4A.5\nSection 24W\n(5) The suspension or revocation takes effect—\n(a) on the day the waste manager gives the approval holder written\nnotice that the approval of the collection point arrangement is\nsuspended or revoked; or\n(b) if a later day is stated in the notice of suspension or revocation—\nthe later day.\n","sortOrder":39},{"sectionNumber":"24W","sectionType":"section","heading":"Disposal of containers—Act, s 64L (6) (a) and (b)","content":"24W Disposal of containers—Act, s 64L (6) (a) and (b)\n(1) A material recovery facility operator commits an offence if—\n(a) the operator claims a processing refund for a container; and\n(b) the container is disposed of to landfill.\nMaximum penalty: 15 penalty units.\n(2) An offence against subsection (1) is a strict liability offence.\n(3) A material recovery facility operator commits an offence if the\noperator—\n(a) negligently lets a container be disposed of to landfill; and\n(b) claims a processing refund for the container.\nMaximum penalty: 30 penalty units.\n(4) A material recovery facility operator commits an offence if the\noperator—\n(a) knows a container is disposed of to landfill; and\n(b) claims a processing refund for the container.\nMaximum penalty: 40 penalty units.\n\nSection 24X\npage 46 Waste Management and Resource Recovery\n(5) This section does not apply to the disposal of a part of a container if—\n(a) the container is consigned for transport to a recycling facility\nthat recycles containers of that kind; and\n(b) the part of the container is not capable of being recycled at the\nprocessing refund—see the Act, section 64L (1).\nrecycling facility means premises, in or outside the ACT, where the\nprocessing of containers for reuse or recycling is lawfully carried out.\n","sortOrder":40},{"sectionNumber":"24X","sectionType":"section","heading":"Prescribed information on register—Act, s 64T (4)","content":"24X Prescribed information on register—Act, s 64T (4)\nIf the register is kept electronically, the register must include\ninformation about whether each collection point is—\n(a) currently available to accept containers; or\n(b) currently unavailable to accept containers.\n","sortOrder":41},{"sectionNumber":"24Y","sectionType":"section","heading":"Reports by scheme coordinator—Act, s 64U (1) (c)","content":"24Y Reports by scheme coordinator—Act, s 64U (1) (c)\nThe following matters are prescribed:\n(a) the number of containers for which refund amounts have been\npaid by collection point operators at collection points during the\nreporting period;\n(b) the number of containers for which refund amounts have been\npaid by the scheme coordinator to a material recovery facility\noperator during the reporting period;\n(c) the number and location of collection points for which the\nnetwork operator has collection point arrangements in force at\nany time during the reporting period;\n\nScheme compliance Division 4A.5\nSection 24Y\n(d) the number of suppliers in relation to whom a supply\narrangement has been in force at any time during the reporting\nperiod and the total number of containers that have been\nsupplied during that period by those suppliers;\n(e) the amounts paid to the network operator under a network\narrangement during the reporting period;\n(f) the total operating costs of the scheme coordinator for the\nreporting period;\n(g) the arrangements made by the scheme coordinator during the\nreporting period for the protection of the confidentiality of\ncommercial information provided to the scheme coordinator by\nsuppliers;\n(h) the arrangements made by the scheme coordinator during the\nreporting period for governance and risk management;\n(i) the arrangements made by the scheme coordinator during the\nreporting period for minimising the risk of false claims for the\npayment of refund amounts;\n(j) all incidents of false claims for the payment of refund amounts\nidentified by the scheme coordinator during the reporting\nperiod;\n(k) all incidents resulting in serious personal injury or property or\nenvironmental damage occurring in the course of the collection,\nhandling or transportation of containers in connection with the\noperation of the scheme identified by the scheme coordinator\nduring the reporting period;\n(l) the reasons for any failure of the scheme coordinator to meet a\nperformance target during the reporting period, and strategies\nfor rectifying the failure;\n\nSection 24Z\npage 48 Waste Management and Resource Recovery\n(m) the trends in the kinds of beverage containers supplied in the\nACT;\n(n) the rate of collection and recycling of containers in the ACT.\n","sortOrder":42},{"sectionNumber":"Div 4A","sectionType":"division","heading":"6 Acceptance of containers at","content":"Division 4A.6 Acceptance of containers at\ncollection points\n","sortOrder":43},{"sectionNumber":"24Z","sectionType":"section","heading":"Circumstances when refund amount not payable by","content":"24Z Circumstances when refund amount not payable by\ncollection point operator—Act, s 64Y (2) (c)\nThe Act, section 64Y (1) does not apply if—\n(a) the container is—\n(i) contaminated with a substance that makes the container—\n(A) unsuitable for reuse or recycling; or\n(B) a serious risk to health or safety of people at the\ncollection point or a serious risk to the proper\noperation of the collection point; or\n(ii) damaged in a way that prevents—\n(A) the refund marking from being read; or\n(B) the barcode from being scanned; or\n(C) the collection point operator being able to confirm the\ncontainer is a container; or\n(b) the person asks the collection point operator to donate the refund\namount to an ACNC registered entity operating in the ACT that\nis nominated by the operator and the operator makes the\ndonation to the ACNC registered entity within 2 working days\nafter the day the operator accepts the container; or\n\nAcceptance of containers at collection points Division 4A.6\nSection 24ZA\n(c) the collection point operator gives the person a written notice of\nthe refund amount and—\n(i) the collection point arrangement for the collection point\nprovides that the network operator will pay the refund\namount to the person within 2 working days after the day\nthe collection point operator accepts the container; and\n(ii) the network operator pays the refund amount to the person\nwithin the 2 working days.\nmentioned in this section (see Criminal Code, s 58).\n24ZA Refund amounts paid by collection point operators—Act,\ns 64Y (3)\nA collection point operator must pay the refund amount for a\ncontainer within 2 working days after the operator accepts the\ncontainer at a collection point.\n24ZB Declaration of number of containers—Act, s 64Z (3) (a)\nThe number of containers for which a refund amount is claimed at the\ncollection point is—\n(a) 1 500 in 1 presentation; or\n(b) 3 000 in 1 or more presentations within a 48-hour period.\n24ZC Records to be kept—Act, s 64Z (4)\nThe following records are prescribed:\n(a) a copy of a proof of identity document of a person presenting a\ncontainer at a collection point;\n(b) the number of containers presented for which refund amounts\nhave been paid by the collection point operator;\n\nSection 24ZD\npage 50 Waste Management and Resource Recovery\n(c) the number of claims for refund amounts that have been made\nto the collection point;\n(d) the number of refund declarations requested by and provided to\nthe collection point operator at a collection point;\n(e) a copy of each refund declaration made at a collection point.\n24ZD Refund declaration—Act, s 64Z (7)\n(a) the name of the person presenting a container to the collection\npoint operator (the claimant);\n(b) the claimant’s residential address;\n(c) the number of containers for which a refund amount is claimed\nby the claimant;\n(d) the date and time the refund claim is made by the claimant;\n(e) a declaration signed by the claimant that, for each presented\ncontainer—\n(i) the claimant has lawfully acquired ownership of the\ncontainer; and\n(ii) the container was acquired in the ACT or in a State in\nwhich a corresponding law is in force; and\n(iii) the claimant is not aware of any refund amount being\npreviously paid for the container.\n\nSection 25\n","sortOrder":44},{"sectionNumber":"25","sectionType":"section","heading":"Waste manager may determine waste categories for","content":"25 Waste manager may determine waste categories for\nwaste activities\n(1) The waste manager may determine a category of waste (a waste\ncategory) for the purpose of obtaining information about waste\nactivities and reporting on waste activities.\n(2) A determination is a notifiable instrument.\n","sortOrder":45},{"sectionNumber":"25A","sectionType":"section","heading":"Waste activity report information—waste received by","content":"25A Waste activity report information—waste received by\nwaste facility—Act, s 65 (2) (a)\n(1) The following information is prescribed for a report by a licensee in\nrelation to waste received at the licensee’s waste facility:\n(a) if the licensee’s waste facility received waste from a registered\nwaste transporter—details of each registered waste transporter\nthat delivered waste to the facility, including the registration\ndetails of each waste transporter vehicle that delivered waste;\n(b) if the facility received waste from an entity other than a\nregistered waste transporter—\n(i) the registration details of each entity vehicle that delivered\nwaste to the facility; and\n(ii) details of each location where waste was collected by the\nentity; and\n(iii) details of whether the waste was collected from residential\npremises, business premises or other premises;\n(c) the dates on which waste was received at the facility;\n(d) the waste categories received at the facility;\n\nSection 25B\npage 52 Waste Management and Resource Recovery\n(e) the amount of waste in each load received at the facility,\n(ii) the total number of items of a particular waste category.\n(a) the waste manager has notified the licensee, in writing, that a\nreport need not include the information; or\nfor this section—the licensee gives the waste manager a report\nincluding the information required by the system.\n","sortOrder":46},{"sectionNumber":"25B","sectionType":"section","heading":"Waste activity report information—waste collected from","content":"25B Waste activity report information—waste collected from\nwaste facility—Act, s 65 (2) (a)\n(1) The following information is prescribed for a report by a licensee in\nrelation to waste collected from the licensee’s waste facility:\n(a) if a registered waste transporter collected waste from the\nlicensee’s waste facility—details of each registered waste\ntransporter that collected waste from the facility, including the\nregistration details of each waste transporter vehicle that\ncollected waste;\n(b) if an entity other than a registered waste transporter collected\nwaste from the licensee’s waste facility—the registration details\nof each entity vehicle that collected waste from the facility;\n(c) the dates on which waste was collected from the facility;\n(d) the waste categories collected from the facility;\n\nSection 25B\n(e) the amount of waste in each load collected from the facility,\n(ii) the total number of items of a particular waste category;\n(f) details of each waste facility or other location where waste\ncollected from the facility was to be transported;\n(g) details of whether the waste, or materials in the waste, collected\nfrom the facility was to be—\n(i) returned to one of the following productive uses:\n(A) reuse;\n(B) civil construction;\n(C) soil improvement, land rehabilitation and mulch;\n(D) manufacture of new products similar to those from\nwhich the recovered material was derived;\n(E) manufacture of products other than products\nmentioned in sub-subparagraph (D);\n(F) fuel; or\n(ii) further processed; or\n(iii) disposed of.\n(a) the waste manager has notified the licensee, in writing, that a\nreport need not include the information; or\nfor this section—the licensee gives the waste manager a report\nincluding the information required by the system.\n\nSection 25C\npage 54 Waste Management and Resource Recovery\n","sortOrder":47},{"sectionNumber":"25C","sectionType":"section","heading":"Waste activity report information—registered waste","content":"25C Waste activity report information—registered waste\ntransporter—Act, s 65 (2) (a)\n(1) The following information is prescribed for a report by a registered\nwaste transporter:\n(a) details of each waste facility or other location where waste was\ncollected by the transporter;\n(b) details of whether the waste was collected from residential\npremises, business premises or other premises;\n(c) the dates on which waste was collected by the transporter;\n(d) the waste categories collected by the transporter;\n(e) the amount of waste in each load collected by the transporter,\n(ii) the total number of items of a particular waste category;\n(f) details of each waste facility or other location where waste\ncollected by the transporter was transported;\n(g) details of any additional waste activity to be carried out at the\nwaste facility or other location to which the waste was\ntransported, if known.\n(a) the waste manager has notified the registered waste transporter,\nin writing, that a report need not include the information; or\nfor this section—the registered waste transporter gives the waste\nmanager a report including the information required by the\nsystem.\n\nSection 26\n26 Reporting period for waste activity report—Act, s 65 (3)\nThe period prescribed is each quarter.\nNote Quarter—see the Legislation Act, dictionary, pt 1.\n\nPart 5A Notification and review of decisions\nSection 26A\npage 56 Waste Management and Resource Recovery\nPart 5A Notification and review of\ndecisions\n26A Meaning of reviewable decision—pt 5A\nreviewable decision means a decision mentioned in\nschedule 2, column 3 under a provision of this regulation mentioned\nin column 2 in relation to the decision.\n26B Reviewable decision notices\nIf a person makes a reviewable decision, the person must give a\nreviewable decision notice to each entity mentioned in schedule 2,\ncolumn 4 in relation to the decision.\nNote 1 The person must also take reasonable steps to give a reviewable decision\nnotice to any other person whose interests are affected by the decision\n(see ACT Civil and Administrative Tribunal Act 2008, s 67A).\nNote 2 The requirements for reviewable decision notices are prescribed under\nthe ACT Civil and Administrative Tribunal Act 2008.\n","sortOrder":48},{"sectionNumber":"26C","sectionType":"section","heading":"Applications for review","content":"26C Applications for review\nThe following may apply to the ACAT for a review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 2, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\nNote If a form is approved under the ACT Civil and Administrative Tribunal\nAct 2008 for the application, the form must be used.\n\nSection 27\n","sortOrder":49},{"sectionNumber":"27","sectionType":"section","heading":"Waste quantification","content":"27 Waste quantification\n(1) This section applies if—\n(a) waste must be quantified—\n(i) for a fee payable under the Act; or\n(ii) by the waste manager for the purpose of verifying\ninformation in a waste activity report given to the waste\nmanager in accordance with the Act, section 65; and\n(b) records relating to the waste are inadequate for quantifying the\nwaste; and\n(c) the waste manager decides that, because of the inadequate\nrecords, quantifying the waste must be based on presumptions\nor estimates of any of the following:\n(i) whether waste was collected or received at a waste facility;\n(ii) when waste was collected or received;\n(iii) the source of waste that was collected or received;\n(iv) the amount of waste collected or received.\n(2) Without limiting subsection (1) (b), records relating to waste are\ninadequate if—\n(a) no records exist for the waste; or\n(b) records for the waste are incomplete, inaccurate or inconsistent\nwith other records (whether kept by a waste management\nbusiness or another entity); or\n(c) information contained in the records for the waste has been\nobtained in a way that the waste manager considers\ninappropriate.\n\nSection 27\npage 58 Waste Management and Resource Recovery\n(3) The waste manager may presume the following, unless the contrary\nis proven by a waste management business:\n(a) waste presently or previously at a waste facility is waste that was\nreceived at the facility in the course of business;\n(b) waste was collected by a waste transporter, or received by a\nwaste facility, on the day the waste manager decides that records\nabout collecting or receiving the waste are inadequate.\n(4) The waste manager may estimate the number of tonnes of waste\ntransported by a waste transporter, or received by a waste facility,\nusing any of the following:\n(a) a volumetric survey of the waste carried out by a registered\nsurveyor;\n(b) records of a waste management business;\n(c) information provided by an authorised person who has seen or\ninspected a place or thing;\n(d) records of entities not involved in the operation of a waste\nmanagement business;\n(e) any other information available to the waste manager.\n(5) If the waste manager wishes to use information from a volumetric\nsurvey of waste at a waste facility, the waste manager may direct the\nlicensee to do any of the following:\n(a) arrange for a registered surveyor to carry out a volumetric\nsurvey of specified waste at the facility;\n(b) provide a copy of the surveyor’s report of the survey to the waste\nmanager;\n\n(c) comply with any other condition reasonably related to carrying\nout the survey.\nNote The waste manager may direct a licensee to comply with a condition of a\nlicence. A licensee commits an offence if the licensee fails to comply\nwith the direction (see Act, div 13.1).\n(6) If the waste manager needs to rely on a volumetric survey to estimate\nthe number of tonnes of waste collected by a waste transporter or\nreceived by a waste facility, the waste manager must either—\n(a) take each 2 cubic metres of waste to weigh 1 tonne of waste; or\n(b) if the waste manager is satisfied that another practicable method\nestimates the number of tonnes more accurately than a\nvolumetric survey—apply the other method.\n(7) This section applies whether the waste to be quantified was collected\nby a waste transporter, or received by a waste facility, before, on or\nafter the commencement of this section.\n(8) In this section:\nwaste activity report—see the Act, section 65.\n","sortOrder":50},{"sectionNumber":"28","sectionType":"section","heading":"Certain statutory instruments may incorporate another","content":"28 Certain statutory instruments may incorporate another\nlaw or instrument\n(1) This section applies to any of the following statutory instruments:\n(a) a declaration under section 11A (Waste manager may declare\nthat certain material is included in a waste definition—Act,\ns 64 (2) (a), (c) and (d));\n(b) a declaration under section 11B (Waste manager may declare\nthat certain material is excluded from a waste definition—Act,\ns 64 (2) (a), (c) and (d));\n(c) a determination under section 25 (Waste manager may\ndetermine waste categories for waste activities).\n\npage 60 Waste Management and Resource Recovery\n(2) The statutory instrument may incorporate—\n(a) a law or an Australian Standard, as in force from time to time;\nor\n(b) another instrument, as in force on the day the statutory\ninstrument is made.\n(3) The statutory instrument may incorporate the law or instrument with\nor without changes or modifications.\n(4) The Legislation Act, section 47 (5) and (6) do not apply to an\ninstrument incorporated under subsection (2) (an incorporated\ninstrument).\n(5) For an incorporated instrument mentioned in subsection (2) (b), the\nmaker of the statutory instrument must ensure that the version of the\ninstrument that is incorporated is—\n(a) on the ACT legislation register; or\n(b) available for inspection by anyone without charge during\nordinary office hours at—\n(i) the office of the maker of the statutory instrument; or\n(ii) another ACT government office decided by the maker; or\n(c) accessible on, or by a link on, an ACT government website.\n(6) An incorporated instrument mentioned in subsection (2) (b) is not\nenforceable by or against the Territory or anyone else unless it is\nmade accessible in accordance with subsection (5).\n(7) In this section:\nACT law means an Act or statutory instrument.\nincorporate includes apply or adopt.\ninstrument includes a provision of an instrument.\nlaw means an ACT law or a law of another jurisdiction.\n\nlaw of another jurisdiction means an Act or statutory instrument of\nthe Commonwealth, a State or another Territory and includes a\nprovision of an Act or statutory instrument of those jurisdictions.\n\nPart 1.1 General\nSection 1.1\npage 62 Waste Management and Resource Recovery\n(see s 11)\nPart 1.1 General\n1.1 Meaning of electronic waste—sch 1\nIn this schedule:\nelectronic waste—see the Environment Protection Act 1997,\ndictionary.\n\nWaste definitions Schedule 1\nDomestic recyclable waste Part 1.2\nPart 1.2 Domestic recyclable waste\nitem\n1 aluminium cans, aluminium trays and foil\n2 cardboard that is not organic waste under s 11A (1) (b)\n3 glass bottles and jars\n4 liquid paperboard cartons\n5 paper that is not organic waste under s 11A (1) (b)\n6 rigid plastic bottles and containers with lids removed\n7 steel cans\n\nPart 1.3 Domestic waste—excluded material\npage 64 Waste Management and Resource Recovery\n","sortOrder":51},{"sectionNumber":"Part 1","sectionType":"part","heading":"3 Domestic waste—excluded","content":"Part 1.3 Domestic waste—excluded\nitem\n1 batteries\n2 commercial waste\n3 construction waste\n4 dead animals that are not organic waste under s 11A (1) (b)\n5 demolition waste\n6 electronic waste\n7 garden waste that is not organic waste under s 11A (1) (b)\n8 hot ashes\n9 industrial waste\n10 oil not used for cooking or other bodily use\n11 paints\n12 regulated waste\n13 rocks or soil\n14 sewage\n15 solvents\n\nContainer deposit scheme Schedule 1A\nBeverages Part 1A.1\nSection 1A.1\n(see s 24B and s 24C)\nPart 1A.1 Beverages\n1A.1 Definitions—pt 1A.1\ncordial means concentrated syrup that—\n(a) contains the following ingredients (whether or not it also\ncontains other ingredients):\n(i) water;\n(ii) a natural or artificial sweetener;\n(iii) colouring (whether natural or artificial);\n(iv) flavouring; and\n(b) is intended to be diluted before consumption.\nflavoured milk means milk to which flavouring has been added.\nflavouring means any natural or artificial flavouring but does not\ninclude sweetener.\nmilk includes—\n(a) any liquid milk product (including any substance in the nature\nof milk produced from milk concentrate or milk powder); and\n(b) any plant-based milk substitute.\nregistered health tonic means a liquid that—\n(a) is included in the Australian Register of Therapeutic Goods\nunder the Therapeutic Goods Act 1989 (Cwlth); and\n\nPart 1A.1 Beverages\nSection 1A.2\npage 66 Waste Management and Resource Recovery\n(b) is supplied with a label or other accompanying document\nstating—\n(i) that the liquid is for medicinal purposes; and\n(ii) a recommended maximum dosage.\n1A.2 Liquids that are not beverages—s 24B\nitem\nliquid\n1 concentrated fruit or vegetable juice (or a mixture of concentrated fruit and\nvegetable juices) intended to be diluted before consumption\n2 cordial\n3 milk (other than flavoured milk)\n4 registered health tonic\n\nContainer deposit scheme Schedule 1A\nContainers Part 1A.2\nSection 1A.3\nPart 1A.2 Containers\n1A.3 Definitions—pt 1A.2\nflavoured milk—see section 1A.1.\nglass container means a container made wholly or partly of glass.\nspirituous liquor—a beverage is spirituous liquor if the beverage—\n(a) is a liqueur, or other alcoholic beverage produced by distillation,\nor a mixture of both; and\n(b) is not mixed with any beverage other than a liqueur or an\nalcoholic beverage produced by distillation.\nwine—a beverage is wine if the beverage—\n(a) is produced by fermentation of grapes (whether or not mixed\nwith any other grape product); and\n(b) is not mixed with any beverage other than a grape product.\nwine-based beverage means a beverage that—\n(a) contains a mixture of wine and another beverage that is not a\ngrape product; and\n(b) has an alcohol by volume content of less than 10%.\n\n","sortOrder":52},{"sectionNumber":"Part 1A","sectionType":"part","heading":"2 Containers","content":"Part 1A.2 Containers\nSection 1A.4\npage 68 Waste Management and Resource Recovery\n1A.4 What is not a container—s 24C\nitem\nbeverage\ncolumn 3\ncontainer size\n1 all beverages except liquids that are not\nbeverages under s 1A.2\nless than 150ml\n2 all beverages except liquids that are not\nbeverages under s 1A.2\nmore than 3L\n3 beverage comprising at least 90% fruit or\nvegetable juice (or a mixture of fruit and\nvegetable juices)\n1L or more\n4 flavoured milk 1L or more\n5 wine if the container is made of plastic or\nfoil, or both (commonly known as a\nsachet)\n250ml or more\n6 wine or spirituous liquor if the container is\nmade of glass\nall sizes\n7 wine, wine-based beverage or water if the\ncontainer is made of—\n• cardboard and plastic\n• cardboard and foil\n• cardboard, plastic and foil (commonly\nknown as a cask or aseptic pack)\n1L or more\n\nReviewable decisions Schedule 2\n","sortOrder":53},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 2 Reviewable decisions\n(see pt 5A)\nitem\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 24K (1) (b) refuse to approve network\narrangement\napplicant\n2 24K (3) approve network arrangement\nsubject to conditions\n3 24L (1) amend network arrangement\n4 24M (4) suspend or revoke network\narrangement approval\n5 24T (1) (b) refuse to approve collection\npoint arrangement\napplicant\n6 24T (3) approve collection point\narrangement subject to\nconditions\n7 24U (1) amend collection point\narrangement approval\n8 24V (4) suspend or revoke collection\npoint arrangement approval\n\npage 70 Waste Management and Resource Recovery\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACT\n• breach\n• chief health officer\n• chief officer (fire and rescue service)\n• corporation\n• Corporations Act\n• emergency services commissioner\n• entity\n• environment protection authority\n• expire\n• fail\n• financial year\n• may (see s 146)\n• must (see s 146)\n• penalty unit (see s 133)\n• person (see s 160)\n• quarter\n• registered surveyor\n• territory plan\n• the Territory\n• year.\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Waste Management and Resource Recovery Act 2016 (see Legislation\nAct, s 148). For example, the following terms are defined in the Waste\nManagement and Resource Recovery Act 2016, dict:\n• authorised person\n• beverage (see s 64C)\n\n• collection point (see s 64D)\n• collection point arrangement (see s 64N (1))\n• collection point operator (see s 64B)\n• container (see s 64E)\n• corresponding law (see s 64B)\n• licence\n• licensee\n• material recovery facility operator (see s 64B)\n• network operator (see s 64B)\n• person\n• refund amount (see s 64F)\n• registered\n• register of waste facility licences\n• register of waste transporters\n• registration number (see s 34 (4) (b) (ii))\n• scheme administration agreement (s 64H (1))\n• scheme coordinator (see s 64B)\n• scheme coordinator agreement (see s 64B)\n• waste\n• waste activity (see s 11)\n• waste facility (see s 14)\n• waste manager\n• waste transporter (see s 13).\nABN, for an entity, means the ABN or Australian Business Number\nfor the entity under the A New Tax System (Australian Business\nNumber) Act 1999 (Cwlth).\nACN, for an entity, means the ACN or Australian Company Number\nfor the entity under the Corporations Act.\nACNC registered entity—see the Charitable Collections Act 2003,\ndictionary.\n\npage 72 Waste Management and Resource Recovery\nbulk delivery, of containers, for division 4A.3 (Network operator\ncatchment area, for division 4A.3 (Network operator agreements—\nAct, s 64N (4))—see section 24N.\ncommencement day, for division 4A.3 (Network operator\ncordial, for schedule 1A, part 1A.1 (Beverages)—see section 1A.1.\ndistrict, for division 4A.3 (Network operator agreements—Act,\ns 64N (4))—see section 24N.\ndivision, for division 4A.3 (Network operator agreements—Act,\ns 64N (4))—see section 24N.\ndomestic recyclable waste, for part 4 (Waste storage, collection\netc)—see section 11.\ndomestic waste, for part 4 (Waste storage, collection etc)—see\nelectronic waste, for schedule 1 (Waste definitions)—see the\nEnvironment Protection Act 1997, dictionary.\nflavoured milk, for schedule 1A, part 1A.1 (Beverages) and part 1A.2\n(Containers)—see section 1A.1.\nflavouring, for schedule 1A, part 1A.1 (Beverages)—see\nsection 1A.1.\ngarden waste, for part 4 (Waste storage, collection etc)—see\nglass container, for schedule 1A, part 1A.2 (Containers)—see\nindustrial catchment area, for division 4A.3 (Network operator\nkeep includes cause or allow to be kept.\n\nmanufacturer, for part 3 (Waste transporter registration)—see\nsection 8.\nmilk, for schedule 1A, part 1A.1 (Beverages)—see section 1A.1.\nmodel designation, for part 3 (Waste transporter registration)—see\nsection 8.\noccupier, of premises, for part 4 (Waste storage, collection etc)—see\nsection 11C.\norganic waste, for part 4 (Waste storage, collection etc)—see\npremises includes the following:\n(a) land;\n(b) any dwelling, building or structure (whether or not it is fixed to\nthe land);\n(c) part of a thing mentioned in paragraph (a) or (b).\nregistered business name means a business name registered under\nthe Business Names Registration Act 2011 (Cwlth).\nregistered health tonic, for schedule 1A, part 1A.1 (Beverages)—see\nsection 1A.1.\nregulated waste—see the Environment Protection Act 1997,\nschedule 1, section 1.1A.\nresidential catchment area, for division 4A.3 (Network operator\nreviewable decision, for part 5A (Notification and review of\ndecisions)—see section 26A.\nspirituous liquor, for schedule 1A, part 1A.2 (Containers)—see\nTerritory privacy principles—see the Information Privacy Act 2014,\nsection 13.\n\npage 74 Waste Management and Resource Recovery\nterritory waste container, for part 4 (Waste storage, collection etc)—\nsee section 11C.\nwaste category—see section 25 (1).\nwaste container, for part 4 (Waste storage, collection etc)—see\nsection 11C.\nwaste rectification notice, for part 4 (Waste storage, collection etc)—\nsee section 11C.\nwine, for schedule 1A, part 1A.2 (Containers)—see section 1A.3.\nwine-based beverage, for schedule 1A, part 1A.2 (Containers)—see\n\nAbout the endnotes 1\n","sortOrder":54},{"sectionNumber":"1","sectionType":"section","heading":"About the endnotes","content":"1 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":55},{"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\npage 76 Waste Management and Resource Recovery\n","sortOrder":56},{"sectionNumber":"3","sectionType":"section","heading":"Legislation history","content":"3 Legislation history\nWaste Management and Resource Recovery Regulation 2017\nSL2017-20\nnotified LR 14 July 2017\ns 1, s 2 commenced 14 July 2017 (LA s 75 (1))\nremainder commenced 15 July 2017 (s 2)\nas amended by\nWaste Management and Resource Recovery (Container Deposit\nScheme) Amendment Regulation 2018 (No 1) SL2018-9\nnotified LR 18 June 2018\ns 1, s 2 commenced 18 June 2018 (LA s 75 (1))\nremainder commenced 30 June 2018 (s 2 and see Waste\nManagement and Resource Recovery Amendment Act 2017\nA2017-36, s 2 (1) (as am by A2018-17 s 4) and CN2018-7)\nWaste Management and Resource Recovery Amendment Regulation\n2021 (No 1) SL2021-24\nnotified LR 22 October 2021\ns 1, s 2 commenced 22 October 2021 (LA s 75 (1))\nremainder commenced 1 November 2021 (s 2)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.70\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.70 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nBetter Regulation Legislation Amendment Act 2025 A2025-13 pt 12\nnotified LR 26 May 2025\ns 1, s 2 commenced 26 May 2025 (LA s 75 (1))\npt 12 commenced 26 November 2025 (s 2 (2) and LA s 79)\n\nCommencement\ns 2 om LA s 89 (4)\nInformation for licence application—Act, s 19 (2) (b)\ns 6 am A2023-36 amdt 1.408; A2025-13 s 35; pars renum R5 LA\nInformation for register of waste facility licences—Act, s 25 (2) (a)\ns 7A ins A2025-13 s 36\nRegister of waste facility licences—public information—Act, s 25 (4) (b)\ns 7B ins A2025-13 s 36\nInformation for registration application—Act, s 31 (2) (b)\ns 9 am A2025-13 s 37; pars renum R5 LA\nInformation for register of waste transporters—Act, s 37 (2) (a)\ns 10 am A2025-13 ss 38-41; pars renum R5 LA\nRegister of waste transporters—public information—Act, s 37 (4) (b)\ns 10A ins A2025-13 s 41\nDefinitions—pt 4\ndiv 4.1 hdg ins SL2021-24 s 4\nWaste definitions—pt 4\ns 11 sub SL2021-24 s 4\ndef domestic recyclable waste sub SL2021-24 s 4\ndef domestic waste ins SL2021-24 s 4\ndef garden waste ins SL2021-24 s 4\ndef occupier om SL2021-24 s 4\ndef organic waste ins SL2021-24 s 4\ndef territory waste container om SL2021-24 s 4\ndef waste rectification notice om SL2021-24 s 4\nWaste manager may declare that certain material is included in a waste\ndefinition—Act, s 64 (2) (a), (c) and (d)\ns 11A ins SL2021-24 s 4\nWaste manager may declare that certain material is excluded from a waste\ndefinition—Act, s 64 (2) (a), (c) and (d)\ns 11B ins SL2021-24 s 4\nOther definitions—pt 4\ns 11C ins SL2021-24 s 4\ndef occupier ins SL2021-24 s 4\ndef territory waste container ins SL2021-24 s 4\ndef waste container ins SL2021-24 s 4\ndef waste rectification notice ins SL2021-24 s 4\n\npage 78 Waste Management and Resource Recovery\nResponsibilities and liabilities of joint occupiers\ns 12 reloc and renum as s 24AB\nDisposal of regulated waste at waste facility\ns 13 renum and reloc as s 24AC\nInterfering with waste etc at waste facility\ns 14 reloc and renum as s 24AF\nWaste transporter must give information about waste disposed at waste\nfacility\ns 15 reloc and renum as s 24AH\nWaste escaping from vehicle or equipment\ns 16 reloc and renum as s 24AJ\nWaste rectification notice—Act, s 64 (2) (a) and (d)\ns 17 reloc and renum as s 24AA\nResponsibilities in dealing with waste\ndiv 4.2 hdg ins SL2021-24 s 16\nOccupier’s responsibilities\ns 17A ins SL2021-24 s 16\nTerritory waste containers\ns 17B ins SL2021-24 s 16\nWaste segregation—Act, s 64 (2) (a) and (d)\ns 18 am SL2021-24 ss 17-20\nFailure to keep waste in waste container—Act, s 64 (2) (d)\ns 19 am SL2021-24 s 21\nUnhygienic waste container—Act, s 64 (2) (d)\ns 20 am SL2021-24 s 22\nWaste container not closed—Act, s 64 (2) (d)\ns 22 am SL2021-24 s 23\nLocation of waste container—Act, s 64 (2) (d)\ns 23 am SL2021-24 ss 24-26\nEntry to premises—Act, s 64 (2) (e)\ns 24 hdg sub SL2021-24 s 27\nWaste rectification notices\ndiv 4.3 hdg ins SL2021-24 s 28\nWaste rectification notice—Act, s 64 (2) (a) and (d)\ns 24AA (prev s 17) am SL2021-24 s 13, s 14\nreloc and renum as s 24AA SL2021-24 s 15\n\nResponsibilities and liabilities of joint occupiers\ns 24AB (prev s 12) reloc and renum as s 24AB SL2021-24 s 5\nDealing with waste at waste facilities\ndiv 4.4 hdg ins SL2021-24 s 28\nDisposal of regulated waste at waste facility\ns 24AC (prev s 13) sub SL2021-24 s 6\nreloc and renum as s 24AC SL2021-24 s 7\nKnowingly dispose of regulated waste at waste facility\ns 24AD ins SL2021-24 s 28\nDisposal of waste in contravention of sign on or near waste container at\nwaste facility\ns 24AE ins SL2021-24 s 28\nInterfering with waste etc at waste facility\ns 24AF (prev s 14) sub SL2021-24 s 8\nreloc and renum as s 24AF SL2021-24 s 9\nFailure to comply with direction of waste facility operator\ns 24AG ins SL2021-24 s 28\nWaste transporter must give information about waste disposed at waste\nfacility\ns 24AH (prev s 15) sub SL2021-24 s 10\nreloc and renum as s 24AH SL2021-24 s 11\nVehicle-related offences at waste facilities\ns 24AI ins SL2021-24 s 28\nWaste escaping from vehicle or equipment\ns 24AJ (prev s 16) reloc and renum as s 24AJ SL2021-24 s 12\nContainer deposit scheme\npt 4A hdg ins SL2018-9 s 4\nGeneral\ndiv 4A.1 hdg ins SL2018-9 s 4\nMeaning of corresponding law—Act, s 64B\ns 24A ins SL2018-9 s 4\nam SL2021-24 s 29\nLiquids that are not beverages—Act, s 64C, def beverage, par (b)\ns 24B ins SL2018-9 s 4\nsub SL2021-24 s 30\nWhat is not a container—Act, s 64E, def container, par (b)\ns 24C ins SL2018-9 s 4\nsub SL2021-24 s 30\n\npage 80 Waste Management and Resource Recovery\nRefund amount—Act, s 64F\ns 24D ins SL2018-9 s 4\nRefund marking—Act, s 64G\ns 24E ins SL2018-9 s 4\nSuitability requirements—Act, s 64H (5)\ns 24F ins SL2018-9 s 4\nContents of scheme arrangements under scheme coordinator agreement—\nAct, s 64J (4) (b)\ns 24G ins SL2018-9 s 4\nam SL2021-24 s 31; A2023-36 amdt 1.408\nNetwork arrangements—Act, s 64K (2)\ndiv 4A.2 hdg ins SL2018-9 s 4\nApplication for approval of network arrangements\ns 24H ins SL2018-9 s 4\nWaste manager may request further information\ns 24I ins SL2018-9 s 4\nChange of information must be provided\ns 24J ins SL2018-9 s 4\nDecision about application for approval\ns 24K ins SL2018-9 s 4\nam A2023-36 amdt 1.408\nAmendment of network arrangement approval\ns 24L ins SL2018-9 s 4\nSuspension or revocation of network arrangement approval\ns 24M ins SL2018-9 s 4\nNetwork operator agreements—Act, s 64N (4)\ndiv 4A.3 hdg ins SL2018-9 s 4\nDefinitions—div 4A.3\ns 24N ins SL2018-9 s 4\ndef bulk delivery ins SL2018-9 s 4\ndef catchment area ins SL2018-9 s 4\ndef commencement day ins SL2018-9 s 4\ndef district ins SL2018-9 s 4\ndef division ins SL2018-9 s 4\ndef industrial catchment area ins SL2018-9 s 4\ndef residential catchment area ins SL2018-9 s 4\nNetwork operator agreements—performance targets—Act, s 64N (4) (a)\ns 24O ins SL2018-9 s 4\n\nNetwork operator agreements—content of collection point arrangements\nunder agreement—Act, s 64N (4) (b)\ns 24P ins SL2018-9 s 4\nsub SL2021-24 s 32\nam A2023-36 amdt 1.409, amdt 1.410\nCollection point arrangements—Act, s 64O (2)\ndiv 4A.4 hdg ins SL2018-9 s 4\nApplication for approval of collection point arrangements\ns 24Q ins SL2018-9 s 4\nsub SL2021-24 s 33\nWaste manager may request further information\ns 24R ins SL2018-9 s 4\nChange of information must be provided\ns 24S ins SL2018-9 s 4\nDecision about application for approval\ns 24T ins SL2018-9 s 4\nam SL2021-24 s 34; A2023-36 amdt 1.410\nAmendment of collection point arrangement approval\ns 24U ins SL2018-9 s 4\nSuspension or revocation of collection point arrangement approval\ns 24V ins SL2018-9 s 4\nScheme compliance\ndiv 4A.5 hdg ins SL2018-9 s 4\nDisposal of containers—Act, s 64L (6) (a) and (b)\ns 24W ins SL2018-9 s 4\nPrescribed information on register—Act, s 64T (4)\ns 24X ins SL2018-9 s 4\nReports by scheme coordinator—Act, s 64U (1) (c)\ns 24Y ins SL2018-9 s 4\nAcceptance of containers at collection points\ndiv 4A.6 hdg ins SL2018-9 s 4\nCircumstances when refund amount not payable by collection point\noperator—Act, s 64Y (2) (c)\ns 24Z ins SL2018-9 s 4\nam SL2021-24 s 35; pars renum R3 LA\nRefund amounts paid by collection point operators—Act, s 64Y (3)\ns 24ZA ins SL2018-9 s 4\n\npage 82 Waste Management and Resource Recovery\nDeclaration of number of containers—Act, s 64Z (3) (a)\ns 24ZB ins SL2018-9 s 4\nsub SL2021-24 s 36\nRecords to be kept—Act, s 64Z (4)\ns 24ZC ins SL2018-9 s 4\nRefund declaration—Act, s 64Z (7)\ns 24ZD ins SL2018-9 s 4\nWaste manager may determine waste categories for waste activities\ns 25 sub SL2021-24 s 37\nWaste activity report information—waste received by waste facility—Act,\ns 25A ins SL2021-24 s 37\nWaste activity report information—waste collected from waste facility—Act,\ns 25B ins SL2021-24 s 37\nWaste activity report information—registered waste transporter—Act,\ns 25C ins SL2021-24 s 37\nNotification and review of decisions\npt 5A hdg ins SL2018-9 s 5\nMeaning of reviewable decision—pt 5A\ns 26A ins SL2018-9 s 5\nReviewable decision notices\ns 26B ins SL2018-9 s 5\nApplications for review\ns 26C ins SL2018-9 s 5\nCertain statutory instruments may incorporate another law or instrument\ns 28 ins SL2021-24 s 38\nWaste definitions\nsch 1 sub SL2021-24 s 39\nContainer deposit scheme\nsch 1A ins SL2021-24 s 39\nReviewable decisions\nsch 2 ins SL2018-9 s 6\ndict am SL2018-9 s 7, s 8; A2025-13 s 42\ndef ACNC registered entity ins SL2018-9 s 9\ndef bulk delivery ins SL2018-9 s 9\n\ndef catchment area ins SL2018-9 s 9\ndef commencement day ins SL2018-9 s 9\ndef cordial ins SL2021-24 s 40\ndef district ins SL2018-9 s 9\ndef division ins SL2018-9 s 9\ndef domestic waste ins SL2021-24 s 40\ndef electronic waste ins SL2021-24 s 40\ndef flavoured milk ins SL2021-24 s 40\ndef flavouring ins SL2021-24 s 40\ndef garden waste ins SL2021-24 s 40\ndef glass container ins SL2021-24 s 40\ndef industrial catchment area ins SL2018-9 s 9\ndef milk ins SL2021-24 s 40\ndef occupier sub SL2021-24 s 41\ndef organic waste ins SL2021-24 s 42\ndef registered business name ins A2025-13 s 43\ndef registered health tonic ins SL2021-24 s 42\ndef residential catchment area ins SL2018-9 s 9\ndef reviewable decision ins SL2018-9 s 9\ndef spirituous liquor ins SL2021-24 s 42\ndef Territory privacy principles ins SL2018-9 s 9\ndef territory waste container sub SL2021-24 s 43\ndef waste category sub SL2021-24 s 43\ndef waste container ins SL2021-24 s 44\ndef waste rectification notice sub SL2021-24 s 45\ndef wine ins SL2021-24 s 46\ndef wine-based beverage ins SL2021-24 s 46\n\n5 Earlier republications\npage 84 Waste Management and Resource Recovery\n","sortOrder":57},{"sectionNumber":"5","sectionType":"section","heading":"Earlier republications","content":"5 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.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\n15 July 2017–\nnot amended new regulation\n30 June 2018–\n31 Oct 2021\nSL2018-9 amendments by\nSL2018-9\n1 Nov 2021\n1 Nov 2021–\n26 Nov 2023\nSL2021-24 amendments by\nSL2021-24\n27 Nov 2023\n27 Nov 2023–\n25 Nov 2025\nA2023-36 amendments by\nA2023-36","sortOrder":58}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Since the original instrument the regulation’s scope has been broadened: a container deposit scheme and detailed operational rules were added (Part 4A, ss 24A–24ZD; SL2018‑9), definitions and waste‑reporting requirements were expanded (s 11; ss 25A–25C; SL2021‑24), and further amendments aligned planning and administrative detail (Planning Act 2023, A2023‑36; A2025‑13). These additions extend regulatory reach into refund schemes, collection network design, data reporting and occupier obligations."},"complexity_factors":["Extensive cross‑references to the principal Act and other laws (Environment Protection Act 1997, Planning Act 2023, Legislation Act 2001) increasing interpretive complexity (see s 3, dictionary and s 24A).","Detailed, technical definitions and schedules that determine regulatory scope (domestic recyclable waste, organic waste, container and beverage categories) (see s 11, schedule 1, schedule 1A).","Multiple administrative approval pathways with timeframes, conditions, amendments, suspension and review rights (network and collection point arrangements) (see ss 24H–24M, 24Q–24V, 24K, 24T).","Significant compliance and reporting obligations for licensees, transporters and scheme participants with prescribed data elements and quarterly periods (see ss 25A–25C, s 26).","Strict liability offences and a range of monetary penalties applied to occupiers, transporters and operators, creating low evidential thresholds and compliance risk (see ss 18–24, 24W).","Operational rules for the container deposit scheme that affect cash flow and operational processes (refund amount, marking, refund payment timing, record keeping and donation rules) (see ss 24D–24E, 24ZA–24ZD).","Discretionary powers for the waste manager to make notifiable declarations and to presume or estimate waste quantities where records are inadequate, shifting evidential burdens (see ss 11A–11B, s 27).","Incorporation power allowing statutory instruments to adopt external laws or standards (with accessibility requirements), which may change obligations without further primary amendment (see s 28)."],"plain_english_summary":"This Regulation sets detailed rules for licensing waste facilities, registering waste transporters, household waste storage/collection duties, and running a container deposit scheme (10c refund). It prescribes what data must be kept and reported, offences and penalties, and approval processes for network and collection point arrangements. The Territory (the waste manager) makes approvals and may estimate waste where records are inadequate; occupiers, transporters, facility operators and collection points bear compliance, record‑keeping and operational costs, and face penalty exposure for breaches."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":830},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly from its original 2017 scope. The 2018 amendments added the entire container deposit scheme (Part 4A, Schedule 1A), a major new regulatory scheme. The 2021 amendments substantially rewrote Part 4 on household waste, adding new waste segregation rules, rectification notices, and restructured facility offences. The 2023 and 2025 amendments added public transparency requirements (sections 7A, 7B, 10A) for licence and registration registers. What began as a straightforward licensing and registration regulation now encompasses a comprehensive household waste compliance regime and a container deposit scheme with anti-fraud measures."},"complexity_factors":["Multiple cross-references to the parent Act (Waste Management and Resource Recovery Act 2016) and other legislation (Environment Protection Act 1997, Criminal Code, etc.)","Detailed procedural requirements for applications, approvals, suspensions and revocations in Parts 2, 3 and 4A","Nested definitions and signpost definitions (e.g., 'regulated waste' defined in another Act, 'occupier' defined differently in different contexts)","Extensive record-keeping and reporting obligations with specific data requirements","Conditional logic in offence provisions (e.g., strict liability offences with evidential burdens for defences)","Schedules with tabular exclusions and inclusions for waste categories and container types","Multiple amendment layers visible in the republication (2017, 2018, 2021, 2023, 2025) creating patchwork effect"],"plain_english_summary":"Sets operational rules for managing waste and running the ACT’s 10c container deposit scheme, covering licensing and registration for facilities and transport, household sorting and storage duties, waste facility controls, and detailed CDS operating standards and safeguards.\n\nIt affects households, waste and transport operators, collection points and the scheme coordinator — ensuring safe waste handling, effective recycling and container refunds, and measures to prevent CDS fraud."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/waste-management-and-resource-recovery-regulation-2017","history":"/api/acts/waste-management-and-resource-recovery-regulation-2017/history","analysis":"/api/acts/waste-management-and-resource-recovery-regulation-2017/analysis","conflicts":"/api/acts/waste-management-and-resource-recovery-regulation-2017/conflicts","importantCases":"/api/acts/waste-management-and-resource-recovery-regulation-2017/important-cases","documents":"/api/acts/waste-management-and-resource-recovery-regulation-2017/documents"}}